[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3413 Introduced in Senate (IS)]

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115th CONGRESS
  2d Session
                                S. 3413

    To amend the Elementary and Secondary Education Act of 1965 to 
              establish the Strength in Diversity Program.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 6, 2018

 Mr. Murphy (for himself, Mr. Blumenthal, Ms. Warren, and Mr. Sanders) 
introduced the following bill; which was read twice and referred to the 
          Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
    To amend the Elementary and Secondary Education Act of 1965 to 
              establish the Strength in Diversity Program.

    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 ``Strength in Diversity Act''.

SEC. 2. STRONGER TOGETHER PROGRAM.

    (a) In General.--Title IV of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 7101 et seq.) is amended--
            (1) by redesignating part F as part G; and
            (2) by inserting after part E the following:

                ``PART F--STRENGTH IN DIVERSITY PROGRAM

``SEC. 4551. FINDINGS AND STATEMENT OF PURPOSE.

    ``(a) Findings.--Congress finds the following:
            ``(1) Students from low-income families are 6 times more 
        likely to attend high-poverty schools than their more affluent 
        peers.
            ``(2) Racial diversity in schools results in long-term 
        social and academic benefits, including reduced neighborhood, 
        college, and workplace segregation, higher levels of social 
        cohesion, a reduced likelihood of racial prejudice, and the 
        development of skills to navigate and find comfort in racially 
        diverse settings.
            ``(3) Students from low-income families who attend more 
        affluent elementary schools are more likely to perform better 
        academically than similar students who attend high-poverty 
        schools.
            ``(4) Students who attend the most affluent schools are 
        nearly 70 percent more likely to attend college than students 
        who attend the highest-poverty schools, regardless of their 
        socioeconomic background.
            ``(5) Students who attend racially and socioeconomically 
        isolated schools have less access to experienced and qualified 
        teachers, advanced coursework, high-quality instructional 
        materials, and adequate facilities.
            ``(6) According to the Government Accountability Office, as 
        of the 2013-14 school year, 16 percent of our Nation's public 
        elementary schools and secondary schools served student 
        populations comprised of 75 percent or more Black and Hispanic 
        students and 75 percent or more students eligible for free or 
        reduced-price lunch under the Richard B. Russell National 
        School Lunch Act (42 U.S.C. 1751 et seq.), an increase of more 
        than 9 percent compared to the percentage of such elementary 
        and secondary schools in the 2000-2001 school year. More than 
        7,700,000 Black students and 12,300,000 Hispanic students 
        attend racially and socioeconomically isolated public 
        elementary schools and secondary schools.
    ``(b) Purpose.--The purpose of this part is to support the 
development, implementation, and evaluation of comprehensive strategies 
to address the effects of concentrated poverty or racial isolation by 
increasing diversity, including socioeconomic diversity or racial 
diversity, in publicly funded early childhood education programs and 
public elementary schools and secondary schools.

``SEC. 4552. RESERVATION FOR NATIONAL ACTIVITIES.

    ``The Secretary may reserve not more than 5 percent of the amounts 
made available under section 4558 for a fiscal year to carry out 
activities of national significance relating to this part, which may 
include--
            ``(1) research, development, data collection, monitoring, 
        technical assistance, evaluation, or dissemination activities; 
        or
            ``(2) the development and maintenance of a community of 
        practice for recipients of grants under this part and other 
        experts in the field of school diversity.

``SEC. 4553. PROGRAM AUTHORIZED; LENGTH OF GRANTS.

    ``(a) Program Authorization.--
            ``(1) In general.--From the amounts made available under 
        section 4558 and not reserved under section 4552 for a fiscal 
        year, the Secretary shall award grants, on a competitive basis 
        in accordance with section 4554(b), to eligible entities 
        described in subsection (b) to enable the eligible entities to 
        develop or implement ambitious plans to improve diversity and 
        reduce or eliminate socioeconomic or racial isolation in 
        publicly funded early childhood education programs and public 
        elementary schools and secondary schools.
            ``(2) Types of grants.--The Secretary may, in any fiscal 
        year, award--
                    ``(A) planning grants;
                    ``(B) implementation grants; or
                    ``(C) planning grants and implementation grants.
    ``(b) Eligible Entity.--An entity that is eligible for a grant 
under subsection (a) is a local educational agency, a consortium of 
such agencies, an educational service agency, or another regional 
educational authority, that has significant achievement gaps and 
socioeconomic or racial segregation within or across the school 
districts served by the entity.
    ``(c) Duration of Grants.--
            ``(1) Planning grant.--A planning grant awarded under this 
        part shall be for a period of not more than 1 year.
            ``(2) Implementation grant.--An implementation grant 
        awarded under this part shall be for a period of not more than 
        3 years, except that the Secretary may extend an implementation 
        grant for an additional 2-year period if the eligible entity 
        receiving the grant demonstrates to the Secretary that the 
        eligible entity is making significant progress on the program 
        performance measures identified in section 4556.

``SEC. 4554. APPLICATIONS; AWARD BASIS.

    ``(a) Applications.--An eligible entity described in section 
4553(b) that desires to receive a grant under this part shall submit an 
application to the Secretary at such time, in such manner, and 
containing such information as the Secretary may prescribe, including--
            ``(1) a description of the project for which the eligible 
        entity is seeking a grant, including--
                    ``(A) how the eligible entity proposes to use funds 
                under this part to improve the academic and life 
                outcomes of students in high-poverty or racially 
                isolated publicly funded early childhood education 
                programs or public elementary schools and secondary 
                schools by supporting interventions that increase 
                diversity in such programs and schools;
                    ``(B) in the case of an implementation grant, the 
                implementation grant plan described in section 
                4555(b)(1); and
                    ``(C) any available evidence, or if such evidence 
                is not available, a rationale based on current 
                research, regarding how the proposed project will 
                increase diversity;
            ``(2)(A) in the case of an eligible entity proposing to use 
        any portion of funds under this part to benefit high-poverty 
        publicly funded early childhood education programs or public 
        schools, a description of how the eligible entity will identify 
        and define income level and socioeconomic status;
            ``(B) in the case of an eligible entity proposing to use 
        any funds under this part to benefit publicly funded early 
        childhood education programs, or public schools, that are 
        racially isolated, a description of how the eligible entity 
        will identify and define racial isolation;
            ``(3) a description of the plan of the eligible entity for 
        continuing the proposed project after funding under this part 
        ends;
            ``(4) a description of how the eligible entity will assess, 
        monitor, and evaluate the impact of the activities funded under 
        this part on student achievement and student enrollment 
        diversity;
            ``(5) an assurance that the eligible entity has conducted, 
        or will conduct, robust parent and community engagement, and 
        where appropriate, tribal consultation, while planning for and 
        implementing a program under this part, such as through--
                    ``(A) public hearings or other open forums to 
                inform the development of any formal strategy to 
                increase diversity; and
                    ``(B) outreach, in a language that parents can 
                understand, and consultation with families in the 
                targeted district or region that is designed to ensure 
                participation in the planning and development of any 
                formal strategy to increase diversity;
            ``(6) an estimate of the number of students that the 
        eligible entity plans to serve under the proposed project and 
        the number of students to be served through additional 
        expansion of the project after the grant ends;
            ``(7) an assurance that the eligible entity will--
                    ``(A) cooperate with the evaluation process, 
                including any evaluation that might require data and 
                information from multiple recipients of grants under 
                this part; and
                    ``(B) participate in communities of practice with 
                other recipients of grants under this part;
            ``(8) an assurance that, to the extent practicable, the 
        eligible entity has developed the plan in consultation with 
        other relevant entities, including local housing or 
        transportation authorities;
            ``(9) an assurance that, to the extent possible, the 
        eligible entity has considered the potential implications of 
        the grant activities on the demographics and student enrollment 
        of nearby publicly funded early childhood education programs, 
        public elementary schools or secondary schools, or local 
        educational agencies not included in the activities of the 
        grant; and
            ``(10) in the case of an eligible entity applying for an 
        implementation grant, a description of how the eligible entity 
        will implement, replicate, or take to scale a strategy based on 
        a strong or moderate level of evidence, as determined under 
        subclause (I) or (II) of section 8101(21)(A)(i), or will test a 
        promising strategy to increase diversity in publicly funded 
        early childhood education programs or public elementary schools 
        and secondary schools.
    ``(b) Award Basis.--
            ``(1) Criteria for evaluating applications.--The Secretary 
        shall award grants under this part on a competitive basis, 
        based on the quality of the applications submitted by eligible 
        entities described in section 4553(b) and each eligible 
        entity's likelihood of achieving success in improving student 
        outcomes or outcomes on other performance measures under 
        section 4556.
            ``(2) Priority.--In awarding grants under this part, the 
        Secretary may give priority to an eligible entity that 
        proposes, in application submitted under subsection (a), to use 
        funds under this part to support a program that extends beyond 
        one local educational agency, such as an inter-district or 
        regional program.

``SEC. 4555. USES OF FUNDS.

    ``(a) Planning Grants.--Each eligible entity that receives a 
planning grant under this part shall use the grant funds to carry out 
the following required activities:
            ``(1) Completing a comprehensive assessment of the 
        educational outcomes and socioeconomic and racial 
        stratification of children attending publicly funded early 
        childhood education programs, and public elementary school and 
        secondary school students, within the area and an analysis of 
        the location and capacity of program and school facilities and 
        the adequacy of local or regional transportation infrastructure 
        in the area.
            ``(2) Developing and implementing a robust family and 
        community engagement plan, including, where feasible, public 
        hearings or other open forums that would precede and inform the 
        development of a formal strategy to improve diversity.
            ``(3) Developing options, including timelines and cost 
        estimates, for improving diversity, such as weighted lotteries, 
        revised feeder patterns, school boundary redesign, or regional 
        coordination.
            ``(4) Developing an implementation plan based on community 
        preferences among those options.
            ``(5) Building the capacity to collect and analyze data 
        that provide information for transparency, continuous 
        improvement, and evaluation.
            ``(6) Participating in a community of practice with other 
        grantees, including those receiving implementation grants.
    ``(b) Implementation Grants.--
            ``(1) Implementation grant plan.--Each eligible entity that 
        receives an implementation grant under this part shall 
        implement a high-quality plan that includes--
                    ``(A) a comprehensive set of strategies designed to 
                improve academic outcomes for all students, 
                particularly low-income students and minority students, 
                by increasing diversity in publicly funded early 
                childhood education programs and public elementary 
                schools and secondary schools;
                    ``(B) evidence of strong family and community 
                support for these strategies, including evidence that 
                the eligible entity has engaged in meaningful family 
                and community outreach activities;
                    ``(C) ambitious but achievable goals to increase 
                diversity over the course of the grant period;
                    ``(D) collection and analysis of data to provide 
                transparency and support continuous improvement 
                throughout the grant period; and
                    ``(E) a rigorous evaluation of the effectiveness of 
                the proposed project.
            ``(2) Implementation grants activities.--Each eligible 
        entity that receives an implementation grant under this part 
        may use the grant funds to carry out one or more of the 
        following activities:
                    ``(A) Recruiting, hiring, or training additional 
                teachers, administrators, and other instructional and 
                support staff in new, expanded, or restructured 
                publicly funded early childhood education programs or 
                public elementary schools or secondary schools, or 
                other professional development activities for staff and 
                administrators.
                    ``(B) Investing in specialized academic programs or 
                facilities designed to encourage inter-district school 
                attendance patterns.
                    ``(C) Pursue or initiate a transportation plan for 
                bringing students to and from publicly funded early 
                childhood education programs and public elementary 
                schools and secondary schools, if such transportation 
                is sustainable beyond the grant period and does not 
                represent a significant portion of the grant funds 
                received by an eligible entity under this part.
    ``(c) Rule Regarding Use.--Nothing in this section shall be 
construed to authorize an eligible entity to carry out activities 
authorized under this section in a manner that violates Federal law.

``SEC. 4556. PERFORMANCE MEASURES.

    ``The Secretary shall establish performance measures for the 
programs and activities carried out through a grant under this part. 
These measures, at a minimum, shall track the progress of each eligible 
entity in--
            ``(1) improving academic and other developmental or 
        noncognitive outcomes for each subgroup described in section 
        1111(b)(2)(B)(xi) that is served by the eligible entity on 
        measures, including, as applicable, by--
                    ``(A) increasing school readiness;
                    ``(B) increasing student achievement and decreasing 
                achievement gaps;
                    ``(C) increasing high school graduation rates;
                    ``(D) increasing readiness for postsecondary 
                education and careers; and
                    ``(E) any other indicator the Secretary or eligible 
                entity may identify; and
            ``(2) increasing diversity and decreasing socioeconomic or 
        racial isolation in publicly funded early childhood education 
        programs, and public elementary schools and secondary schools, 
        served under this part.

``SEC. 4557. ANNUAL REPORTS.

    ``An eligible entity that receives a grant under this part shall 
submit to the Secretary, at such time and in such manner as the 
Secretary may require, an annual report that includes--
            ``(1) information on the progress of the eligible entity on 
        the performance measures established under section 4556; and
            ``(2) the data supporting that progress.

``SEC. 4558. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this part 
$120,000,000 for fiscal year 2019 and such sums as may be necessary for 
each of the 5 succeeding fiscal years.''.
    (b) Table of Contents.--The table of contents of the Elementary and 
Secondary Education Act of 1965 is amended by inserting after the item 
relating to section 4506 the following:

                ``Part F--Strength in Diversity Program

``Sec. 4551. Findings and statement of purpose.
``Sec. 4552. Reservation for national activities.
``Sec. 4553. Program authorized; length of grants.
``Sec. 4554. Applications; award basis.
``Sec. 4555. Uses of funds.
``Sec. 4556. Performance measures.
``Sec. 4557. Annual reports.
``Sec. 4558. Authorization of appropriations.''.
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