[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3582 Introduced in House (IH)]

<DOC>






114th CONGRESS
  1st Session
                                H. R. 3582

     To support the development, implementation, and evaluation of 
 innovative strategies and methods to increase out-of-school access to 
 digital learning resources for eligible students in order to increase 
                    student and educator engagement.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 18, 2015

Mr. Welch (for himself and Mr. McKinley) introduced the following bill; 
   which was referred to the Committee on Education and the Workforce

_______________________________________________________________________

                                 A BILL


 
     To support the development, implementation, and evaluation of 
 innovative strategies and methods to increase out-of-school access to 
 digital learning resources for eligible students in order to increase 
                    student and educator engagement.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Digital Learning Equity Act of 
2015''.

SEC. 2. DIGITAL LEARNING EQUITY.

    Title IV of the Elementary and Secondary Education Act of 1965 (20 
U.S.C. 7101 et seq.) is amended at the end by adding the following:

        ``PART D--DIGITAL LEARNING EQUITY DEMONSTRATION PROGRAM

``SEC. 4401. PURPOSE.

    ``The purpose of this part is to support the development, 
implementation, and evaluation of innovative strategies and methods to 
improve out-of-school access to digital learning resources for eligible 
students in order to--
            ``(1) increase student participation in the classroom, 
        including the ability to complete homework assignments and 
        participate in innovative digital learning models;
            ``(2) improve student access to postsecondary education and 
        workforce opportunities by increasing the ability of students 
        to apply for employment, postsecondary education, and financial 
        aid opportunities;
            ``(3) increase the education technology and digital 
        learning resources options available to educators to support 
        student learning by ensuring methods and resources used during 
        the school day remain accessible during out-of-school hours;
            ``(4) increase student, educator, and parent engagement by 
        facilitating greater communication and connection between 
        school and home; and
            ``(5) increase the identification and dissemination of 
        strategies to support students lacking out-of-school access to 
        digital learning resources and the Internet, including 
        underserved student populations and students in rural and 
        remote geographic areas.

``SEC. 4402. DEFINITIONS.

    ``In this part:
            ``(1) Access technology.--The term `access technology' 
        means any service or device that provides out-of-school 
        Internet access as its primary function and does not include a 
        computer device.
            ``(2) Digital learning.--The term `digital learning' means 
        an educational practice that effectively uses technology to 
        strengthen a student's learning experience within and outside 
        of the classroom and at home, including--
                    ``(A) interactive learning resources that engage 
                students in academic content;
                    ``(B) access to online databases and primary source 
                documents;
                    ``(C) the use of data, data analytics, and 
                information to personalize learning and provide 
                targeted supplementary instruction;
                    ``(D) student collaboration with content experts, 
                peers, and educators;
                    ``(E) digital learning content, video, software, or 
                simulations;
                    ``(F) access to online courses; and
                    ``(G) other resources that may be developed, as the 
                Secretary may determine.
            ``(3) Eligible entity.--The term `eligible entity' means 
        any of the following entities that serve a high-need school:
                    ``(A) A local educational agency.
                    ``(B) A State educational agency.
                    ``(C) An educational service agency.
                    ``(D) A consortium of State educational agencies, 
                local educational agencies, or educational service 
                agencies.
                    ``(E) An Indian tribe or Indian organization.
                    ``(F) A State educational agency, local educational 
                agency, educational service agency, Indian tribe, or 
                Indian organization, in partnership with--
                            ``(i) a nonprofit foundation, corporation, 
                        institution, or association;
                            ``(ii) a business;
                            ``(iii) an after-school program or summer 
                        program;
                            ``(iv) a library;
                            ``(v) a community learning center; or
                            ``(vi) other community or social services 
                        organizations, as the Secretary may determine.
            ``(4) Eligible student.--The term `eligible student' means 
        a student who lacks out-of-school access to digital learning 
        resources and attends a high-need school serviced by an 
        eligible entity.
            ``(5) High-need school.--The term `high-need school' means 
        a school served by an eligible entity that--
                    ``(A) has a high concentration of students aged 5 
                through 17 who--
                            ``(i) are in poverty, as counted in the 
                        most recent census data approved by the 
                        Secretary;
                            ``(ii) are eligible for a free or reduced 
                        priced lunch under the Richard B. Russell 
                        National School Lunch Act (42 U.S.C. 1751 et 
                        seq.);
                            ``(iii) are in families receiving 
                        assistance under the State program funded under 
                        part A of title IV of the Social Security Act 
                        (42 U.S.C. 601 et seq.); or
                            ``(iv) are eligible to receive medical 
                        assistance under the Medicaid program under 
                        title XIX of the Social Security Act (42 U.S.C. 
                        1396 et seq.);
                    ``(B) has a high percentage of students who lack 
                out-of-school Internet access;
                    ``(C) is in need of improvement and or is among the 
                State's persistently lowest achieving schools; or
                    ``(D) has significant gaps in achievement among the 
                categories of students described in section 
                1111(b)(2)(C)(v)(II).
            ``(6) Out-of-school internet access.--The term `out-of-
        school Internet access' means a service provided to an eligible 
        student for out-of-school use by wire or radio that provides 
        the capability to transmit data to and receive data from all or 
        substantially all Internet endpoints, including any 
        capabilities that are incidental to and enable the operation of 
        the communications service, with a speed and capacity 
        sufficient to facilitate digital learning, but excluding--
                    ``(A) dial-up Internet access service; or
                    ``(B) Internet access service that is restricted by 
                monthly data caps set lower than 1 gigabyte.

``SEC. 4403. DEMONSTRATION GRANT PROGRAM AUTHORIZED.

    ``(a) In General.--The Secretary shall award grants to eligible 
entities, subject to meeting the application requirements in subsection 
(e), to develop, implement, and evaluate innovative strategies to 
increase out-of-school Internet access for eligible students.
    ``(b) Demonstration Period.--Each eligible entity, in accordance 
with the application requirements in subsection (e), shall propose to 
the Secretary the period of time over which it desires to exercise 
demonstration authority, except that such period shall not exceed 2 
years.
    ``(c) Rural Areas.--From the amounts appropriated under section 
4405 for a fiscal year, the Secretary shall reserve not less than 30 
percent for grants to eligible entities that propose to carry out the 
activities described in subsection (e)(1) in rural areas, as described 
in section 6211(b)(1)(A)(ii). The Secretary shall reduce the amount 
described in this subsection if the Secretary does not receive a 
sufficient number of applications that propose to carry out the 
activities described in subsection (e)(1) in rural areas that meet the 
requirements of subsection (e).
    ``(d) Matching Funds.--
            ``(1) In general.--An eligible entity that is a State 
        educational agency or includes a State educational agency, that 
        receives a grant under this section shall provide matching 
        funds, from non-Federal sources (which may be provided in cash 
        or in-kind), in an amount equal to 10 percent of the amount of 
        grant funds provided to the eligible entity to carry out the 
        activities supported by the grant.
            ``(2) Waiver.--The Secretary may waive the matching 
        requirement under paragraph (1) for an eligible entity that 
        demonstrates that such requirement imposes an undue financial 
        hardship.
    ``(e) Application.--To receive a grant under this section, an 
eligible entity shall submit to the Secretary an application at such 
time and in such manner as the Secretary may reasonably require and 
containing the following:
            ``(1) A description of how the entity will--
                    ``(A) increase student access to digital learning 
                opportunities outside of the school day, which may 
                include providing access technology for eligible 
                students;
                    ``(B) integrate the out-of-school use of the access 
                technology into the school's educational curriculum and 
                objectives;
                    ``(C) provide eligible students with necessary 
                training in digital literacy to ensure appropriate and 
                effective use of the digital learning resources and 
                access technology;
                    ``(D) ensure parents, educators, and students are 
                informed of appropriate use of the digital learning 
                resources and access technology; and
                    ``(E) have in place a policy that meets the same 
                requirements as described in paragraphs (1) and (2) of 
                section 2441(a).
            ``(2) A description of the eligible students who will be 
        served, disaggregated by--
                    ``(A) the categories of students described in 
                section 1111(b)(2)(C)(v)(II); and
                    ``(B) homeless students and children or youth in 
                foster care.
            ``(3) In the case of an eligible entity that wishes to 
        award subgrants to local educational agencies or local 
        educational agencies in partnership with the entities described 
        in subparagraphs (A) through (F) of section 4402(3)--
                    ``(A) a description of how the eligible entity will 
                award such subgrants; and
                    ``(B) an assurance that the eligible entity 
                consulted with appropriate staff of participating local 
                educational agencies and the entities described in 
                subparagraphs (A) through (F) of section 4402(3), as 
                applicable, in the development of the eligible entity's 
                application under this subsection.
            ``(4) A description of the process, activities, and 
        performance measures that the eligible entity will use to 
        evaluate the impact and effectiveness of the grant funds 
        awarded under this part for eligible students, including 
        measures of changes in--
                    ``(A) the percentage of students who lack access to 
                out-of-school Internet access;
                    ``(B) student participation in the classroom, 
                including the ability to complete homework and take 
                part in innovative learning models;
                    ``(C) student engagement, through such measures as 
                attendance rates and chronic absenteeism;
                    ``(D) student access to postsecondary education and 
                workforce opportunities, including the ability to apply 
                for employment, postsecondary education, and student 
                financial aid programs; and
                    ``(E) any other valid and reliable indicators of 
                student, educator, or parent engagement or 
                participation, as determined by the eligible entity.
            ``(5) A description of the way in which the eligible entity 
        will solicit and collect meaningful feedback from participating 
        students, educators, parents, and school administrators on the 
        effectiveness of the demonstration program.
            ``(6) A description of how the eligible entity will procure 
        the access technology and out-of-school Internet access 
        necessary to carry out the demonstration program, including 
        whether the entity will utilize bulk purchasing or other 
        strategies that make efficient use of program funds.
            ``(7) If the applicant is a State educational agency or 
        includes a State educational agency, an assurance that the 
        applicant will provide matching funds as required under 
        subsection (d).
    ``(f) Use of Funds.--Each eligible entity receiving a grant under 
this part shall use the funds awarded to develop, implement, and 
evaluate strategies and methods used to increase student access to 
digital learning resources at home through such practices as--
            ``(1) providing a targeted distribution of access 
        technology to eligible students;
            ``(2) educating and training students, parents, and 
        educators about the appropriate use of access technology 
        outside of the classroom; and
            ``(3) evaluating the effectiveness of the strategies and 
        methods used under this part, through such means as student, 
        educator, and parent surveys.
    ``(g) Restriction.--Funds awarded under this part shall only be 
used to promote out-of-school access to digital learning resources for 
eligible students and shall not be used to address the networking needs 
of an entity that is eligible to receive support under the E-rate 
program.
    ``(h) Reservation for Support and Evaluation.--
            ``(1) In general.--Each eligible entity that receives a 
        grant under this section may reserve not more than 8 percent of 
        the grant amount for each fiscal year to provide technical 
        support to participating schools and for the purposes of 
        conducting the evaluation described in section 4404.
            ``(2) Evaluation.--Not less than 50 percent of any amount 
        reserved under paragraph (1) shall be used for the purposes of 
        conducting the evaluation described in section 4404.
    ``(i) National Activities.--From the amounts appropriated under 
section 4405, the Secretary may reserve not more than 1 percent for 
national activities to provide technical assistance and support 
grantees.

``SEC. 4404. EVALUATION.

    ``(a) In General.--Consistent with the criteria outlined in 
paragraphs (4) and (5) of section 4403(e), the Secretary shall 
establish an evaluation template through which an eligible entity will 
record and submit the outcomes and participant feedback associated with 
the program carried out under this part.
    ``(b) Submission; Deadline.--Not later than 90 days after the 
termination of an eligible entity's demonstration authority under this 
part, the eligible entity shall submit to the Secretary the results of 
the evaluation.
    ``(c) Prohibition.--Nothing in this section shall be construed to 
prohibit an eligible entity from recording and submitting additional 
data or indicators associated with the success of the program executed 
under the demonstration authority.

``SEC. 4405. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this section 
such sums as may be necessary for each of fiscal years 2016 through 
2021.''.

SEC. 3. REPORT ON STUDENT HOME ACCESS TO DIGITAL LEARNING RESOURCES.

    (a) In General.--Not later than 18 months after the date of 
enactment of this Act, the Federal Communications Commission, in 
consultation with relevant Federal agencies, shall complete a national 
study on the educational trends and behaviors associated with access to 
digital learning resources outside of the classroom, which shall 
include an analysis of extant data and new surveys about students and 
teachers that provide--
            (1) a description of the various locations from which 
        students access the Internet and digital learning resources 
        outside of the classroom, including through an after-school or 
        summer program, a library, and at home;
            (2) a description of the various devices and technology 
        through which students access the Internet and digital learning 
        resources outside of the classroom, including through a 
        computer or mobile device;
            (3) data associated with the number of students who lack 
        out-of-school Internet access, disaggregated by--
                    (A) the categories of students described in section 
                1111(b)(2)(C)(v)(II) of the Elementary and Secondary 
                Education Act of 1965 (20 U.S.C. 6311(b)(2)(C)(v)(II));
                    (B) homeless students and children or youth in 
                foster care; and
                    (C) students in geographically diverse areas, 
                including urban, suburban, and rural areas;
            (4) data associated with the causes for a student lacking 
        home Internet access;
            (5) data associated with the proportion of educators who 
        assign homework or implement innovative learning models that 
        require or are substantially augmented by a student having out-
        of-school Internet access and the frequency of the need for 
        such access;
            (6) a description of the learning behaviors associated with 
        students who lack home Internet access, including--
                    (A) student participation in the classroom, 
                including the ability to complete homework and 
                participate in innovative learning models;
                    (B) student engagement, through such measures as 
                attendance rates and chronic absenteeism; and
                    (C) a student's ability to apply for employment, 
                postsecondary education, and financial aid programs;
            (7) an analysis of the how a student's lack of home 
        Internet access impacts the instructional practice of 
        educators, including--
                    (A) the extent to which educators alter 
                instructional methods, resources, homework assignments, 
                and curriculum in order to accommodate differing levels 
                of out-of-school Internet access; and
                    (B) strategies employed by educators, school 
                leaders, and administrators to address the differing 
                levels of out-of-school Internet access among students; 
                and
            (8) a description of the ways in which State educational 
        agencies, local educational agencies, schools, and other 
        entities have developed effective means to provide students 
        with Internet access outside of the school day, including 
        partnerships developed.
    (b) Public Dissemination.--The Federal Communications Commission 
shall widely disseminate the findings of the study under this section--
            (1) in a timely fashion;
            (2) in a form that is understandable, easily accessible, 
        and publicly available and usable, or adaptable for use in, the 
        improvement of educational practice;
            (3) through electronic transfer and other means, such as 
        posting, as available, to the website of the Commission; and
            (4) to all State educational agencies and other recipients 
        of funds under this Act.
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