[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1828 Introduced in House (IH)]

<DOC>






117th CONGRESS
  1st Session
                                H. R. 1828

 To provide grants to States to ensure that all students in the middle 
 grades are taught an academically rigorous curriculum with effective 
   supports so that students complete the middle grades prepared for 
  success in secondary school and postsecondary endeavors, to improve 
 State and local educational agency policies and programs relating to 
 the academic achievement of students in the middle grades, to develop 
 and implement effective middle grades models for struggling students, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 11, 2021

Mr. Grijalva (for himself and Mr. San Nicolas) introduced the following 
    bill; which was referred to the Committee on Education and Labor

_______________________________________________________________________

                                 A BILL


 
 To provide grants to States to ensure that all students in the middle 
 grades are taught an academically rigorous curriculum with effective 
   supports so that students complete the middle grades prepared for 
  success in secondary school and postsecondary endeavors, to improve 
 State and local educational agency policies and programs relating to 
 the academic achievement of students in the middle grades, to develop 
 and implement effective middle grades models for struggling students, 
                        and for other purposes.

    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 ``Success in the Middle Act of 2021''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Research shows that Federal funding for students in 
        middle school and high school, particularly grades 6 through 
        12, is significantly lower than funding for elementary and 
        postsecondary students.
            (2) International comparisons indicate that students in the 
        United States do not start out behind students of other nations 
        in mathematics and science, but that they fall behind by the 
        end of the middle grades.
            (3) Approximately 66 percent of students in grade 8 read 
        below the proficient level on the 2019 National Assessment of 
        Educational Progress. Average reading scores were lower at 
        grade 8 for all racial/ethnic groups compared to 2017 except 
        for Asian/Pacific Islander students.
            (4) In mathematics, 37 percent of students in grade 8 show 
        skills at or above the proficient level on the 2019 National 
        Assessment of Educational Progress, which is not a significant 
        change since 2017. Nationwide, 19 percent of 8th grade public 
        school students in the Nation who took the mathematics 
        assessment had teachers who reported that a lack of adequate 
        instructional materials and supplies was a moderate or serious 
        problem.
            (5) Evidence demonstrates substantial learning loss for the 
        Nation's students, including students from the middle grades, 
        resulting from the COVID-19 pandemic. Black and Hispanic 
        students, in particular, were less likely to have access to the 
        prerequisites of learning--devices, internet access, and live 
        contact with teachers. Left unaddressed, these opportunity gaps 
        could translate into wider achievement gaps.
            (6) By grade 6, a student who attends school less than 80 
        percent of the time, receives unsatisfactory marks for mild but 
        sustained misbehavior, or who fails English or mathematics, has 
        only a 10 to 20 percent chance of graduating on time. Without 
        effective interventions and proper supports, these students are 
        at risk of subsequent failure in secondary school, or of 
        dropping out.
            (7) According to Gallup, student engagement is strong at 
        the end of elementary school, with nearly \3/4\ of 5th graders 
        (74%) reporting high levels of engagement. But similar surveys 
        have shown a gradual and steady decline in engagement for older 
        students, with approximately \1/2\ of students in middle school 
        reporting high levels of engagement.
            (8) Student transitions from elementary school to the 
        middle grades and to secondary school are often complicated by 
        poor curriculum alignment, inadequate counseling services, and 
        unsatisfactory sharing of student performance and academic 
        achievement data between grades.
            (9) Middle grades improvement strategies should be tailored 
        based on a variety of performance indicators and data, so 
        that--
                    (A) educators can create and implement successful 
                school improvement strategies to address the needs of 
                the middle grades; and
                    (B) teachers can provide effective instruction and 
                adequate assistance to meet the needs of at-risk 
                students.
            (10) Middle grade teachers face unique challenges due to 
        the increased individual subject matter focus of the curriculum 
        combined with the physical, intellectual, and emotional changes 
        faced by early adolescents transitioning from elementary school 
        to high school.
            (11) Combining measures of academic achievement and 
        motivation, social engagement, and self-regulation--the 
        behavioral domains essential for success across the school and 
        work continuum--provides a more holistic picture of students, 
        including their likelihood of enrolling in an institution of 
        higher education following high school graduation. This 
        information, available in middle school, allows for early 
        identification of and intervention with students who may be 
        less likely to complete secondary school and attend an 
        institution of higher education.
            (12) Appropriate academic accommodations, age-appropriate 
        discipline, access to assistive technology, and evidence-based 
        interventions must be used with students with disabilities, 
        particularly in the middle grades, as--
                    (A) the dropout rate for learning disabled students 
                is nearly 3 times the dropout rate of all students;
                    (B) more than half of young adults with learning 
                disabilities have been involved in the justice system; 
                and
                    (C) students with disabilities have a graduation 
                rate nearly 20 percentage points lower than the 
                graduation rate for general education students.
            (13) Local educational agencies and State educational 
        agencies often do not have the capacity to provide support for 
        school improvement strategies. Successful models do exist for 
        turning around low-performing middle grades, and Federal 
        support should be provided to increase the capacity to apply 
        promising practices based on evidence from successful schools.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) ESEA definitions.--The terms ``educational service 
        agency'', ``elementary school'', ``English learner'', 
        ``evidence-based'', ``local educational agency'', ``outlying 
        area'', ``high school'', ``secondary school'', and ``State 
        educational agency'' have the meanings given the terms in 
        section 8101 of the Elementary and Secondary Education Act of 
        1965 (20 U.S.C. 7801).
            (2) Chronic absenteeism.--The term ``chronic absenteeism'' 
        means the percentage of individual students missing 10 percent, 
        or more, of the days of school in a school year.
            (3) Eligible entity.--The term ``eligible entity'' means a 
        partnership that includes--
                    (A) not less than 1 eligible local educational 
                agency; and
                    (B) One of the following:
                            (i) An institution of higher education.
                            (ii) An educational service agency.
                            (iii) A nonprofit organization with 
                        demonstrated expertise in high-quality middle 
                        grades intervention.
            (4) Eligible local educational agency.--The term ``eligible 
        local educational agency'' means a local educational agency 
        that serves not less than 1 eligible school.
            (5) Eligible school.--The term ``eligible school'' means an 
        elementary school or secondary school that contains not less 
        than 2 successive grades of grades 5 through 8 and for which--
                    (A) a high proportion of the middle grades students 
                attending such school will attend a secondary school 
                with a graduation rate of 67 percent or less;
                    (B) more than 25 percent of the students who finish 
                grade 6 at such school, or the earliest middle grade 
                level at the school, exhibit 1 or more of the key risk 
                factors and early risk identification signs, 
                including--
                            (i) student attendance below 90 percent;
                            (ii) a failing grade in a mathematics or 
                        reading or language arts course;
                            (iii) 2 failing grades in any courses; and
                            (iv) out-of-school suspension or other 
                        evidence of at-risk behavior; or
                    (C) more than 50 percent of the middle grades 
                students attending such school do not perform at a 
                proficient level on State student academic assessments 
                required under section 1111(b)(2) of the Elementary and 
                Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)) 
                in mathematics or reading or language arts.
            (6) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given the 
        term in section 101 of the Higher Education Act of 1965 (20 
        U.S.C. 1001).
            (7) Middle grades.--The term ``middle grades'' means any of 
        grades 5 through 8.
            (8) Secretary.--The term ``Secretary'' means the Secretary 
        of Education.
            (9) State.--The term ``State'' means each of the 50 States, 
        the District of Columbia, and the Commonwealth of Puerto Rico.
            (10) Student with a disability.--The term ``student with a 
        disability'' means a student who is a child with a disability, 
        as defined in section 602 of the Individuals with Disabilities 
        Education Act (20 U.S.C. 1401).

                   TITLE I--MIDDLE GRADES IMPROVEMENT

SEC. 101. PURPOSES.

    The purposes of this title are to--
            (1) develop middle grade students' social, emotional, and 
        academic competencies and deep content knowledge to ensure they 
        are equipped to think critically, solve problems, communicate 
        effectively, collaborate with others, and be self-directed so 
        that they can enter high school on-track and graduate from high 
        school on time and ready for postsecondary and career pathways;
            (2) provide student and teacher supports for middle grades 
        education, including funding and curricula, that align with the 
        student and teacher supports provided for elementary school and 
        secondary school grades within and across local educational 
        agencies;
            (3) provide resources to State educational agencies and 
        local educational agencies to collaboratively develop and 
        implement middle grade improvement plans in order to deliver 
        evidence-based support and technical assistance to schools 
        serving middle grade students;
            (4) provide resources for schools serving middle grade 
        students to develop positive learning communities where 
        educators and students feel engaged, and share high 
        expectations of student success, as exhibited by mutual 
        respect, fair discipline approaches, and rigorous academic 
        curriculum; and
            (5) increase the capacity of States and local educational 
        agencies to develop effective, sustainable, and replicable 
        school improvement programs and models and evidence-based or, 
        when available, scientifically valid student interventions for 
        implementation by schools serving students in the middle 
        grades.

SEC. 102. FORMULA GRANTS TO STATE EDUCATIONAL AGENCIES FOR MIDDLE 
              GRADES IMPROVEMENT.

    (a) In General.--From amounts appropriated under section 107, the 
Secretary shall make grants under this title for a fiscal year to each 
State educational agency for which the Secretary has approved an 
application in an amount equal to the allotment determined for such 
agency under subsection (c) for such fiscal year.
    (b) Reservations.--From the total amount made available to carry 
out this title for a fiscal year, the Secretary--
            (1) shall reserve not more than 1 percent for the Secretary 
        of the Interior (on behalf of the Bureau of Indian Education) 
        and the outlying areas for activities carried out in accordance 
        with this section;
            (2) shall reserve 1 percent to evaluate the effectiveness 
        of this title in achieving the purposes of this title and 
        ensuring that results are peer-reviewed and widely 
        disseminated, which may include hiring an outside evaluator; 
        and
            (3) shall reserve 2 percent for technical assistance and 
        dissemination of best practices in middle grades education to 
        States and local educational agencies.
    (c) Amount of State Allotments.--
            (1) In general.--Except as provided in paragraph (2), of 
        the total amount made available to carry out this title for a 
        fiscal year and not reserved under subsection (b), the 
        Secretary shall allot such amount among the States in 
        proportion to the number of children, aged 5 to 17, who reside 
        within the State and are from families with incomes below the 
        poverty level for the most recent fiscal year for which 
        satisfactory data are available, compared to the number of such 
        individuals who reside in all such States for that fiscal year, 
        determined in accordance with section 1124(c)(1)(A) of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        6333(c)(1)(A)).
            (2) Minimum allotments.--No State educational agency shall 
        receive an allotment under this subsection for a fiscal year 
        that is less than \1/2\ of 1 percent of the amount made 
        available to carry out this title for such fiscal year.
    (d) Special Rule.--For any fiscal year for which the funds 
appropriated to carry out this title are less than $500,000,000, the 
Secretary is authorized to award grants to State educational agencies, 
on a competitive basis, rather than as allotments described in this 
section, to enable such agencies to award subgrants under section 104 
on a competitive basis.
    (e) Reallotment.--
            (1) Failure to apply; application not approved.--If any 
        State educational agency does not apply for an allotment under 
        this title for a fiscal year, or if the application from the 
        State educational agency is not approved, the Secretary shall 
        reallot the amount of the State's allotment to the remaining 
        States in accordance with this section.
            (2) Unused funds.--The Secretary may reallot any amount of 
        an allotment to a State if the Secretary determines that the 
        State will be unable to use such amount within 2 years of such 
        allotment. Such reallotments shall be made on the same basis as 
        allotments are made under subsection (c).
    (f) Application.--In order to receive an allotment under this 
title, a State educational agency shall submit an application to the 
Secretary at such time, in such manner, and accompanied by such 
information as the Secretary may reasonably require, including a State 
middle grades improvement plan described in section 103(a)(4).
    (g) Peer Review and Selection.--The Secretary--
            (1) shall establish a peer-review process to assist in the 
        review and approval of proposed State applications;
            (2) shall appoint individuals to participate in the peer-
        review process who are educators and experts in identifying, 
        evaluating, and implementing effective education programs and 
        practices (including in the areas of teaching and learning, 
        educational standards and assessments, school improvement, 
        school climate, rates of suspension and expulsion, and academic 
        and behavioral supports for middle grades students, and in 
        addressing the needs of students with disabilities and English 
        learners in the middle grades), which individuals may include 
        recognized exemplary middle grades teachers and middle grades 
        principals who have been recognized at the State or national 
        level for exemplary work or contributions to the field;
            (3) shall ensure that State educational agencies are given 
        the opportunity to receive timely feedback, and to interact 
        with peer-review panels, in person or via electronic 
        communication, on issues that need clarification during the 
        peer-review process;
            (4) shall approve an application submitted under this title 
        not later than 120 days after the date of submission of the 
        application unless the Secretary determines that the 
        application does not meet the requirements of this title;
            (5) may not decline to approve an application from a State 
        educational agency before--
                    (A) offering the State educational agency an 
                opportunity to revise the application;
                    (B) providing the State educational agency with 
                technical assistance in order to submit a successful 
                application; and
                    (C) providing an opportunity for a hearing to the 
                State educational agency; and
            (6) shall direct the Inspector General of the Department of 
        Education to--
                    (A) review final determinations reached by the 
                Secretary to approve or deny State applications;
                    (B) analyze the consistency of the process used by 
                peer-review panels in reviewing and recommending to the 
                Secretary approval or denial of such State 
                applications; and
                    (C) report the findings of this review and analysis 
                to Congress.

SEC. 103. STATE PLAN; AUTHORIZED ACTIVITIES.

    (a) Mandatory Activities.--
            (1) In general.--A State educational agency that receives a 
        grant under this title shall use the grant funds--
                    (A) to prepare and implement the needs analysis and 
                middle grades improvement plan, as described in 
                paragraphs (3) and (4), of such agency;
                    (B) to make subgrants to eligible local educational 
                agencies or eligible entities under section 104; and
                    (C) to assist eligible local educational agencies 
                and eligible entities, when determined necessary by the 
                State educational agency or at the request of an 
                eligible local educational agency or eligible entity, 
                in designing a comprehensive schoolwide improvement 
                plan and carrying out the activities under section 104.
            (2) Funds for subgrants.--A State educational agency that 
        receives a grant under this title shall use not less than 90 
        percent of the grant funds to make subgrants to eligible local 
        educational agencies or eligible entities under section 104.
            (3) Middle grades need assessment.--
                    (A) Comprehensive assessment.--
                            (i) In general.--A State educational agency 
                        that receives a grant under this title shall 
                        conduct a comprehensive needs assessment that 
                        analyzes how to strengthen the programs, 
                        practices, and policies of the State to target 
                        support for students in the middle grades to 
                        improve positive student outcomes that prepare 
                        students for high school, postsecondary, and 
                        career success.
                            (ii) Contracting ability.--A State 
                        educational agency receiving a grant under this 
                        title may enter into a contract, or similar 
                        formal agreement, to work with entities such as 
                        national and regional comprehensive centers (as 
                        described in section 203 of the Educational 
                        Technical Assistance Act of 2002 (20 U.S.C. 
                        9602)), institutions of higher education, or 
                        nonprofit organizations with demonstrated 
                        expertise in high-quality middle grades reform 
                        to conduct a comprehensive needs assessment.
                    (B) Preparation of assessment.--In preparing the 
                assessment under subparagraph (A), the State 
                educational agency shall examine policies and practices 
                of the State, and of local educational agencies within 
                the State, affecting, with respect to middle grades--
                            (i) curriculum alignment, assessment, and 
                        instruction;
                            (ii) the State system of annual meaningful 
                        differentiation, as described under section 
                        1111(c)(4)(C) of the Elementary and Secondary 
                        Education Act of 1965 (20 U.S.C. 
                        6311(c)(4)(C));
                            (iii) teacher and school leader 
                        preparation, quality, experience, and equitable 
                        distribution;
                            (iv) interventions both in-school and out-
                        of-school that support student learning;
                            (v) student engagement activities;
                            (vi) disproportionate use of exclusionary 
                        disciplinary practices, including in-school and 
                        out-of-school suspensions;
                            (vii) family and community engagement in 
                        education;
                            (viii) equitable distribution of resources; 
                        and
                            (ix) student and academic support services, 
                        such as effective school library programs and 
                        school counseling on the transition to 
                        secondary school and planning for entry into 
                        postsecondary education and the workforce.
            (4) Middle grades improvement plan.--
                    (A) In general.--A State educational agency that 
                receives a grant under this title shall develop a 
                middle grades improvement plan that--
                            (i) shall be a statewide plan to improve 
                        student academic achievement in the middle 
                        grades, based on the needs assessment described 
                        in paragraph (3); and
                            (ii) describes what students are required 
                        to know and do to successfully--
                                    (I) complete the middle grades;
                                    (II) develop the competencies of--
                                            (aa) the ability to acquire 
                                        and use deep content knowledge 
                                        to solve problems;
                                            (bb) critical thinking;
                                            (cc) effective 
                                        communication;
                                            (dd) self-direction; and
                                            (ee) the ability to 
                                        collaborate; and
                                    (III) make a successful transition 
                                to academically rigorous secondary 
                                school coursework that prepares 
                                students to graduate from secondary 
                                school ready for higher education and a 
                                career.
                    (B) Plan components.--A middle grades improvement 
                plan described in subparagraph (A) shall also describe 
                how the State educational agency will do each of the 
                following:
                            (i)(I) Align State standards and 
                        assessments for middle grades education with 
                        State standards and assessments for secondary 
                        schools and prepare students to take 
                        challenging secondary school courses and 
                        successfully engage in postsecondary education.
                            (II) Coordinate, where applicable, with the 
                        activities carried out through grants under 
                        section 6201(c)(1) of the America COMPETES Act 
                        (20 U.S.C. 9871(c)(1)) for alignment of P-16 
                        education, as defined in section 6201(b) of 
                        such Act.
                            (III) Support the transition from 
                        elementary school to the middle grades through 
                        programs that promote successful social, 
                        emotional, and cognitive development.
                            (ii) Provide professional development to 
                        school leaders, teachers, and other school 
                        personnel in--
                                    (I) addressing the needs of diverse 
                                learners, including students with 
                                disabilities and English learners;
                                    (II) using challenging and relevant 
                                research-based best practices and 
                                curricula;
                                    (III) using data to inform 
                                instruction; and
                                    (IV) increasing student engagement 
                                and social and emotional learning 
                                competencies.
                            (iii) Identify and disseminate information 
                        on effective schools and instructional 
                        strategies for middle grades students based on 
                        high-quality research.
                            (iv) Identify and provide support for 
                        students most at risk of not graduating from 
                        secondary school, including English learners, 
                        students with disabilities, and low-income 
                        students.
                            (v) Provide technical assistance to 
                        eligible entities to develop and implement 
                        their early warning indicator and intervention 
                        systems, as described in section 104(d)(2)(D).
                            (vi) Define a set of school performance 
                        indicators that shall be used, in addition to 
                        the indicators used to identify schools for 
                        comprehensive support and improvement under 
                        section 1111(c)(4)(D)(i) of the Elementary and 
                        Secondary Education Act of 1965 (20 U.S.C. 
                        6311(c)(4)(D)(i)), to evaluate school 
                        performance and guide the school improvement 
                        process, such as--
                                    (I) student attendance and chronic 
                                absenteeism;
                                    (II) earned on-time promotion rates 
                                from grade to grade;
                                    (III) percentage of students 
                                failing a mathematics, reading or 
                                language arts, or science course, or 
                                failing 2 or more of any courses;
                                    (IV) teacher preparation, 
                                experience, effectiveness, and 
                                attendance measures;
                                    (V) in-school and out-of-school 
                                suspension or other measurable evidence 
                                of at-risk behavior, including any 
                                disparities in rates among subgroups of 
                                students, as defined in section 
                                1111(c)(2)) of the Elementary and 
                                Secondary Education Act of 1965 (20 
                                U.S.C. 6311(c)(2));
                                    (VI) data collected by the Civil 
                                Rights Data Collection survey conducted 
                                by the Office of Civil Rights of the 
                                Department of Education; and
                                    (VII) additional indicators 
                                proposed by the State educational 
                                agency and approved by the Secretary, 
                                based upon any peer-review evaluation 
                                of indicators conducted under section 
                                102(b)(2).
                            (vii) Ensure that such plan is coordinated 
                        with State activities to turn around schools 
                        identified for comprehensive support and 
                        improvement under section 1111(c)(4)(D)(i) of 
                        the Elementary and Secondary Education Act of 
                        1965 (20 U.S.C. 6311(c)(4)(D)(i)), including 
                        State activities to improve secondary schools 
                        and elementary schools.
                            (viii) Ensure that such plan includes 
                        specific provisions to improve family and 
                        community engagement in education in the middle 
                        grades.
    (b) Permissible Activities.--A State educational agency that 
receives a grant under this title may use the grant funds to--
            (1) develop and encourage collaborations among researchers 
        at institutions of higher education, State educational 
        agencies, educational service agencies, local educational 
        agencies, and nonprofit organizations with demonstrated 
        expertise in high-quality middle grade interventions, to expand 
        the use of effective practices in the middle grades and to 
        improve middle grade education;
            (2) develop and facilitate collaboration among institutions 
        of higher education, nonprofit organizations, and other 
        stakeholders involved in teacher and school leader preparation 
        to improve the quality and delivery of preservice and in-
        service middle grades teacher and school leader preparation to 
        ensure new and existing middle grade educators are prepared for 
        the specific and unique needs of middle grades students;
            (3) support local educational agencies in implementing 
        effective middle grades practices, models, and programs that--
                    (A) are evidence-based; and
                    (B) lead to improved student academic achievement;
            (4) support collaborative communities of middle grades 
        teachers, administrators, school librarians, and researchers in 
        creating and sustaining informational databases to disseminate 
        results from rigorous research on effective practices and 
        programs for middle grades education; and
            (5) increase middle grades student and academic support 
        services, such as--
                    (A) effective school library programs; and
                    (B) school counseling on the transition to 
                secondary school, such as summer bridge programs and 
                student mentors, and planning for entry into 
                postsecondary education and the workforce.

SEC. 104. COMPETITIVE SUBGRANTS TO IMPROVE LOW-PERFORMING MIDDLE 
              GRADES.

    (a) In General.--A State educational agency that receives a grant 
under this title shall make competitive subgrants to eligible local 
educational agencies and eligible entities to enable the eligible local 
educational agencies and eligible entities to improve low-performing 
middle grades in schools served by the agencies or entities.
    (b) Priorities.--In making subgrants under subsection (a), a State 
educational agency shall give priority to eligible local educational 
agencies or eligible entities based on--
            (1) the respective populations of children described in 
        section 102(c)(1) served by the eligible local educational 
        agencies that are participating in the subgrant application 
        process; and
            (2) the respective populations of children served by the 
        participating eligible local educational agencies who attend 
        eligible schools.
    (c) Application.--An eligible local educational agency or eligible 
entity that desires to receive a subgrant under subsection (a) shall 
submit an application to the State educational agency at such time, in 
such manner, and accompanied by such information as the State 
educational agency may reasonably require, including--
            (1) a middle grade improvement plan described in subsection 
        (d); and
            (2) a description of how activities described in such plan 
        will be complementary to, and coordinated with, school 
        improvement activities for elementary schools and secondary 
        schools that serve the same students within the participating 
        local educational agency.
    (d) Middle Grades Improvement Plan.--An eligible local educational 
agency or eligible entity that desires to receive a subgrant under 
subsection (a) shall develop a comprehensive middle grades improvement 
plan for the middle grades that shall--
            (1) describe how activities described in such plan will be 
        coordinated with activities specified in schoolwide program 
        plans under section 1114 of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 6314);
            (2) describe how the eligible local educational agency or 
        eligible entity will--
                    (A) identify eligible schools;
                    (B) ensure that funds go to eligible schools with 
                the highest percent of low-income students first, based 
                on the eligible schools' populations of children 
                described in section 102(c)(1);
                    (C) use funds to close achievement gaps and improve 
                the academic achievement of all students, including 
                English learners and students with disabilities, in 
                eligible schools;
                    (D) implement an early warning indicator and 
                intervention system to alert schools when students 
                begin to exhibit outcomes or behaviors that indicate 
                the student is at increased risk for low academic 
                achievement or is unlikely to progress to secondary 
                school graduation, and to create a system of evidence-
                based interventions to be used by schools to 
                effectively intervene, by--
                            (i) identifying and analyzing, such as 
                        through the use of longitudinal data of past 
                        cohorts of students, the academic and 
                        behavioral indicators in the middle grades that 
                        most reliably predict dropping out of secondary 
                        school, such as attendance, chronic 
                        absenteeism, behavior measures (including 
                        suspensions, officer referrals, or conduct 
                        marks), academic performance in core courses, 
                        and earned on-time promotion from grade-to-
                        grade, and other relevant indicator of student 
                        academic performance as included in schoolwide 
                        program plans under section 1114 of the 
                        Elementary and Secondary Education Act of 1965 
                        (20 U.S.C. 6314);
                            (ii) analyzing student progress and 
                        performance on the indicators identified under 
                        clause (i) to guide decision making;
                            (iii) analyzing academic indicators to 
                        determine whether students are on track to 
                        graduate on time, and developing appropriate 
                        evidence-based intervention; and
                            (iv) identifying or developing a mechanism 
                        for regularly collecting and reporting--
                                    (I) student-level data on the 
                                indicators identified under clause (i);
                                    (II) student-level progress and 
                                performance, as described in clause 
                                (ii);
                                    (III) student-level data on the 
                                indicators described in clause (iii); 
                                and
                                    (IV) information about the impact 
                                of interventions on student outcomes 
                                and progress;
                    (E) increase academic rigor and foster student 
                engagement to ensure students are entering secondary 
                school prepared for success in a rigorous college- and 
                career-ready curriculum, including a description of how 
                such readiness will be measured;
                    (F) implement a systemic transition plan for all 
                students and encourage collaboration among elementary 
                grades, middle grades, and secondary school grades to 
                support the successful transition between grades;
                    (G) increase community and family engagement in 
                education in the middle grades to support student 
                success; and
                    (H) provide evidence that the strategies, programs, 
                supports, and instructional practices proposed under 
                the middle grades improvement plan are new and have not 
                been implemented before by the eligible local 
                educational agency or eligible entity; and
            (3) provide evidence of an ongoing commitment to sustain 
        the plan for a period of not less than 4 years.
    (e) Review and Selection of Subgrants.--In making subgrants under 
subsection (a), the State educational agency shall--
            (1) establish a peer-review process to assist in the review 
        and approval of applications under subsection (c); and
            (2) appoint individuals to participate in the peer-review 
        process who are educators and experts in identifying, 
        evaluating, and implementing effective education programs and 
        practices, including--
                    (A) experts--
                            (i) in areas of teaching and learning, 
                        educational standards and assessments, and 
                        school improvement;
                            (ii) in addressing the needs of students 
                        with disabilities and English learners in the 
                        middle grades; and
                            (iii) in the academic and behavioral 
                        supports for middle grades students; and
                    (B) recognized exemplary middle grades teachers and 
                principals who have been recognized at the State or 
                national level for exemplary work or contributions to 
                the field.
    (f) Revision of Subgrants.--If a State educational agency, using 
the peer-review process described in subsection (e), determines that an 
application for a grant under subsection (a) does not meet the 
requirements of this title, the State educational agency shall notify 
the eligible local educational agency or eligible entity of such 
determination and the reasons for such determination, and offer--
            (1) the eligible local educational agency or eligible 
        entity an opportunity to revise and resubmit the application; 
        and
            (2) technical assistance to the eligible local educational 
        agency or eligible entity, by the State educational agency or a 
        nonprofit organization with demonstrated expertise in high-
        quality middle grades interventions, to revise the application.
    (g) Mandatory Uses of Funds.--An eligible local educational agency 
or eligible entity that receives a subgrant under subsection (a) shall 
carry out the following:
            (1) Align the curricula for grades kindergarten through 12 
        for schools within the local educational agency to improve 
        transitions from elementary grades to middle grades to 
        secondary school grades.
            (2) In each eligible school served by the eligible local 
        educational agency receiving or participating in the subgrant:
                    (A) Align the curricula for all grade levels within 
                eligible schools to improve grade to grade transitions.
                    (B) Implement evidence-based instructional 
                strategies, programs, and learning environments that 
                meet the needs of all students and ensure that school 
                leaders and teachers receive professional development 
                on the use of these strategies.
                    (C) Provide professional development for school 
                leaders, teachers, specialized instructional support 
                personnel, school librarians, and other school staff on 
                the developmental stages of adolescents in the middle 
                grades and how to deal with those stages appropriately 
                in an educational setting.
                    (D) Implement organizational practices and school 
                schedules that allow for effective leadership, 
                collaborative staff participation, professional 
                development, effective teacher instructional teaming, 
                and parent and community involvement.
                    (E) Create a more personalized and engaging 
                learning environment for middle grades students by 
                developing a personal academic plan for each student 
                and assigning not less than 1 adult who has received 
                the appropriate training to monitor, evaluate, and 
                support the progress of each individual student 
                attending the eligible school.
                    (F) Provide all students, and the students' 
                families, with information about, and assistance with, 
                the requirements for secondary school graduation, 
                admission to an institution of higher education, and 
                career success.
                    (G) Utilize data from an early warning indicator 
                and intervention system described in subsection 
                (d)(2)(D) to identify struggling students and assist 
                the students as the students transition from elementary 
                school to middle grades to secondary school.
                    (H) Implement academic supports, such as effective 
                school library programs, and effective and coordinated 
                additional assistance programs to ensure that students 
                have a strong foundation in reading, writing, 
                mathematics, and science skills.
                    (I) Develop and use effective, age- and level-
                appropriate, formative assessments to inform 
                instruction.
                    (J) Provide integrated student support services, 
                such as access to student health services, mental 
                health and trauma-informed care, and individualized 
                school counseling, to address the comprehensive needs 
                of students attending eligible schools.
    (h) Permissible Uses of Funds.--An eligible local educational 
agency or eligible entity that receives a subgrant under subsection (a) 
may use the subgrant funds to carry out the following:
            (1) Implement extended learning opportunities in core 
        academic areas, including more instructional time in literacy, 
        mathematics, science, history, and civics in addition to 
        opportunities for language instruction and understanding other 
        cultures and the arts.
            (2) Provide evidence-based professional development 
        activities with specific benchmarks to enable teachers and 
        other school staff to appropriately monitor academic and 
        behavioral progress of, and modify curricula and implement 
        accommodations and assistive technology services for, students 
        with disabilities, consistent with the students' individualized 
        education programs under section 614(d) of the Individuals with 
        Disabilities Education Act (20 U.S.C. 1414(d)).
            (3) Employ and use instructional coaches, including 
        literacy, mathematics, and English learner coaches.
            (4) Provide professional development for content-area 
        teachers and school librarians on working effectively with 
        English learners and students with disabilities, as well as 
        professional development for English as a second language 
        educators, bilingual educators, and special education 
        personnel.
            (5) Provide professional development in areas that support 
        improving school climate and increasing student engagement such 
        as culturally responsive pedagogy, restorative justice 
        programs, social and emotional learning, response to 
        intervention, and positive behavior intervention support.
            (6) Encourage and facilitate the sharing of data among 
        elementary grades, middle grades, secondary school grades, 
        institutions of higher education, and other postsecondary 
        educational institutions.
            (7) Create collaborative study groups composed of 
        principals or middle grades teachers, or both, among eligible 
        schools within the eligible local educational agency receiving 
        or participating in the subgrant, or between such eligible 
        local educational agency and another local educational agency, 
        with a focus on developing and sharing methods to increase 
        student learning and academic achievement.
            (8) Incorporate as school quality and student success 
        indicators into the State system of annual meaningful 
        differentiation, as described under section 1111(c)(4)(C) of 
        the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        6311(c)(4)(C)), for middle grades schools that feed into 
        secondary schools, rates of first-year secondary school 
        attendance, retention, and achievement to the accountability 
        system of each middle grades school that feeds into the 
        secondary school.
    (i) Non-Recipient Planning Subgrants.--
            (1) In general.--In addition to the subgrants described in 
        subsection (a), a State educational agency may (without regard 
        to the preceding provisions of this section) make planning 
        subgrants, and provide technical assistance, to eligible local 
        educational agencies and eligible entities that have not 
        received a subgrant under subsection (a) to assist the local 
        educational agencies and eligible entities in meeting the 
        requirements of subsections (c) and (d).
            (2) Amount and duration.--Each subgrant under this 
        subsection shall be in an amount of not more than $100,000 and 
        shall be for a period of not more than 1 year in duration.

SEC. 105. DURATION OF GRANTS; SUPPLEMENT NOT SUPPLANT.

    (a) Duration of Grants.--
            (1) In general.--Except as provided in paragraph (2), 
        grants under this title and subgrants under section 104(a) may 
        not exceed 3 years in duration.
            (2) Renewals.--
                    (A) In general.--Grants under this title and 
                subgrants under section 104(a) may be renewed in 2-year 
                increments.
                    (B) Conditions.--In order to be eligible to have a 
                grant or subgrant renewed under this paragraph, the 
                grant or subgrant recipient shall demonstrate, to the 
                satisfaction of the granting entity, that--
                            (i) the recipient has complied with the 
                        terms of the grant or subgrant, including by 
                        undertaking all required activities; and
                            (ii) during the period of the grant or 
                        subgrant, there has been significant progress 
                        in--
                                    (I) student academic achievement; 
                                and
                                    (II) positively impacting other key 
                                risk factors such as attendance, 
                                chronic absenteeism, and on-time 
                                promotion.
    (b) Federal Funds To Supplement, Not Supplant, Non-Federal Funds.--
            (1) In general.--A State educational agency, eligible local 
        educational agency, or eligible entity shall use Federal funds 
        received under this title only to supplement the funds that 
        would, in the absence of such Federal funds, be made available 
        from non-Federal sources for the education of students 
        participating in programs assisted under this title, and not to 
        supplant such funds.
            (2) Special rule.--Nothing in this title shall be construed 
        to authorize an officer, employee, or contractor of the Federal 
        Government to mandate, direct, limit, or control a State, local 
        educational agency, or school's specific instructional content, 
        academic achievement standards and assessments, curriculum, or 
        program of instruction.

SEC. 106. EVALUATION AND REPORTING.

    (a) Evaluation.--Not later than 180 days after the date of 
enactment of this Act, and annually thereafter for the period of the 
grant, each State educational agency receiving a grant under this title 
shall--
            (1) conduct an evaluation of the State's progress regarding 
        the impact of the changes made to the policies and practices of 
        the State in accordance with this title, including--
                    (A) a description of the specific changes made, or 
                in the process of being made, to policies and practices 
                as a result of the grant;
                    (B) a discussion of any barriers hindering the 
                identified changes in policies and practices, and 
                implementation strategies to overcome such barriers;
                    (C) evidence of the impact of changes to policies 
                and practices on behavior and actions at the local 
                educational agency and school level; and
                    (D) evidence of the impact of the changes to State 
                and local policies and practices on improving 
                measurable learning gains by middle grades students;
            (2) use the results of the evaluation conducted under 
        paragraph (1) to adjust the policies and practices of the State 
        as necessary to achieve the purposes of this title; and
            (3) submit the results of the evaluation to the Secretary.
    (b) Availability.--The Secretary shall make the results of each 
State educational agency's evaluation under subsection (a) available to 
other States and local educational agencies.
    (c) Local Educational Agency Reporting.--On an annual basis, each 
eligible local educational agency and eligible entity receiving a 
subgrant under section 104(a) shall report to the State educational 
agency and to the public on--
            (1) the performance on the school performance indicators 
        (as described in section 103(a)(4)(B)(vi)) for each eligible 
        school served by the eligible local educational agency or 
        eligible entity, in the aggregate and disaggregated by each of 
        the subgroups of students, as defined in section 1111(c)(2) of 
        the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        6311(c)(2)); and
            (2) the use of funds by the eligible local educational 
        agency or eligible entity and each such school.
    (d) State Educational Agency Reporting.--On an annual basis, each 
State educational agency receiving grant funds under this title shall 
report to the Secretary and to the public on--
            (1) the performance of eligible schools in the State, based 
        on the school performance indicators described in section 
        103(a)(4)(B)(vi), in the aggregate and disaggregated by each of 
        the subgroups of students, as defined in section 1111(c)(2) of 
        the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        6311(c)(2)); and
            (2) the use of such funds by each eligible school, eligible 
        entity, and eligible local educational agency in the State 
        receiving such funds.
    (e) Report to Congress.--Every 2 years, the Secretary shall report 
to the public and to Congress--
            (1) a summary of the State educational agency reports under 
        subsection (d); and
            (2) the use of funds by each State educational agency under 
        this title.

SEC. 107. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this title--
            (1) $500,000,000 for fiscal year 2022;
            (2) $525,000,000 for fiscal year 2023;
            (3) $550,000,000 for fiscal year 2024;
            (4) $600,000,000 for fiscal year 2025; and
            (5) $650,000,000 for fiscal year 2026.

                   TITLE II--RESEARCH RECOMMENDATIONS

SEC. 201. PURPOSE.

    The purpose of this title is to facilitate the generation, 
dissemination, and application of research needed to identify and 
implement effective practices that lead to continual student learning 
and high academic achievement in the middle grades.

SEC. 202. STUDY ON PROMISING PRACTICES.

    (a) Study on Promising Practices.--
            (1) In general.--Not later than 60 days after the date of 
        enactment of this Act, the Secretary shall study and identify 
        promising practices for the improvement of middle grades 
        education. The Secretary may contract with an independent third 
        party, such as a nonprofit organization, nongovernmental 
        organization, or institution of higher education to satisfy 
        this requirement.
            (2) Content of study.--The study described in paragraph (1) 
        shall identify promising practices currently being implemented 
        for the improvement of middle grades education. The study shall 
        be conducted in an open and transparent way that provides 
        interim information to the public about criteria being used to 
        identify--
                    (A) such promising practices;
                    (B) the practices that are being considered; and
                    (C) the kind of evidence needed to document 
                effectiveness.
            (3) Report.--The contract entered into pursuant to this 
        subsection shall require that the independent third party 
        submit to the Secretary, the Committee on Health, Education, 
        Labor, and Pensions of the Senate, and the Committee on 
        Education and Labor of the House of Representatives a final 
        report regarding the study conducted under this section not 
        later than 1 year after the date of the commencement of the 
        contract.
            (4) Publication.--The Secretary shall make public and post 
        on the website of the Department of Education the findings of 
        the study conducted under this subsection.
    (b) Synthesis Study of Effective Teaching and Learning in Middle 
Grades.--
            (1) In general.--Not later than 60 days after the date of 
        enactment of this Act, the Secretary shall enter into a 
        contract with the National Academies to review existing 
        research on middle grades education, and on factors that might 
        lead to increased effectiveness and enhanced innovation in 
        middle grades education.
            (2) Content of study.--The study described in paragraph (1) 
        shall review research on education programs, practices, and 
        policies and research on the cognitive, social, and emotional 
        development of children in the middle grades age range, in 
        order to provide an enriched understanding of the factors that 
        might lead to the development of innovative and effective 
        middle grades programs, practices, and policies. The study 
        shall focus on--
                    (A) the areas of curriculum, instruction, and 
                assessment (including additional supports for students 
                who are below grade level in reading, writing, 
                mathematics, and science, and the identification of 
                students with disabilities) to better prepare all 
                students for subsequent success in secondary school, 
                postsecondary education, and cognitively challenging 
                employment;
                    (B) the quality of (including experience, 
                certification, and demonstrated effectiveness), and 
                supports for, the teacher workforce;
                    (C) aspects of student behavioral and social 
                development, and of social interactions within schools 
                that affect the learning of academic content;
                    (D) the ways in which schools and local educational 
                agencies are organized and operated that may be linked 
                to student outcomes;
                    (E) how development and use of early warning 
                indicator and intervention systems can reduce risk 
                factors for dropping out of school and low academic 
                achievement; and
                    (F) identification of areas where further research 
                and evaluation may be needed on these topics to further 
                the development of effective middle grades practices.
            (3) Report.--The contract entered into pursuant to this 
        subsection shall require that the National Academies submit to 
        the Secretary, the Committee on Health, Education, Labor, and 
        Pensions of the Senate, and the Committee on Education and 
        Labor of the House of Representatives a final report regarding 
        the study conducted under this subsection not later than 2 
        years after the date of commencement of the contract.
            (4) Publication.--The Secretary shall make public and post 
        on the website of the Department of Education the findings of 
        the study conducted under this subsection.
    (c) Other Activities.--The Secretary shall carry out each of the 
following:
            (1) Create a national clearinghouse, in coordination with 
        entities such as the What Works Clearinghouse of the Institute 
        of Education Sciences, for research in best practices in the 
        middle grades and in the approaches that successfully take 
        those best practices to scale in schools and local educational 
        agencies.
            (2) Create a national middle grades database accessible to 
        educational researchers, practitioners, and policymakers that 
        identifies factors at the school, classroom, and system level 
        that facilitate or impede student academic achievement in the 
        middle grades.
            (3) Require the Institute of Education Sciences to develop 
        a strand of field-initiated and scientifically valid research 
        designed to enhance performance of schools serving middle 
        grades students, and of middle grades students who are most at 
        risk of educational failure, which may be coordinated with the 
        regional educational laboratories established under section 174 
        of the Education Sciences Reform Act of 2002 (20 U.S.C. 9564), 
        institutions of higher education, agencies recognized for their 
        research work that has been published in peer-reviewed 
        journals, and organizations that have such regional educational 
        laboratories. Such research shall target specific issues such 
        as--
                    (A) effective practices for instruction and 
                assessment in mathematics, science, technology, and 
                literacy;
                    (B) effective practices for developing in students 
                the competencies of--
                            (i) the ability to acquire and use deep 
                        content knowledge to solve problems;
                            (ii) critical thinking;
                            (iii) effective communication;
                            (iv) self-direction; and
                            (v) the ability to collaborate;
                    (C) academic interventions for adolescent English 
                learners;
                    (D) school improvement programs and strategies for 
                closing the academic achievement gap between the 
                different groups described in section 1111(b)(2)(B)(xi) 
                of the Elementary and Secondary Education Act of 1965 
                (20 U.S.C. 6311(b)(2)(B)(xi)), and for decreasing rates 
                of suspension and expulsion;
                    (E) evidence-based or, when available, 
                scientifically valid professional development planning 
                targeted to improve pedagogy and student academic 
                achievement and student engagement; and
                    (F) the effects of decreased class size or 
                increased instructional and support staff.
            (4) Strengthen the work of the existing national research 
        and development centers under section 133(c) of the Education 
        Sciences Reform Act of 2002 (20 U.S.C. 9533(c)), as of the date 
        of enactment of this Act, by adding an educational research and 
        development center dedicated to addressing--
                    (A) curricular, instructional, and assessment 
                issues pertinent to the middle grades (such as 
                mathematics, science, technological fluency, and the 
                needs of English learners and students with 
                disabilities);
                    (B) comprehensive reforms for low-performing middle 
                grades; and
                    (C) other topics pertinent to improving the 
                academic achievement of middle grades students.
            (5) Provide grants to nonprofit organizations, for-profit 
        organizations, institutions of higher education, and others to 
        partner with State educational agencies and local educational 
        agencies to develop, adapt, or replicate effective models for 
        turning around low-performing schools serving middle grades 
        students.

SEC. 203. AUTHORIZATION OF APPROPRIATIONS; RESERVATIONS.

    (a) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this title $50,000,000 for fiscal year 2022, 
which amount shall remain available for obligation through fiscal year 
2026.
    (b) Reservations.--From the total amount made available to carry 
out this title, the Secretary shall reserve--
            (1) 2.5 percent for the studies described in subsections 
        (a) and (b) of section 202;
            (2) 5 percent for the clearinghouse described in section 
        202(c)(1);
            (3) 5 percent for the database described in section 
        202(c)(2);
            (4) 42.5 percent for the activities described in section 
        202(c)(3);
            (5) 15 percent for the activities described in section 
        202(c)(4); and
            (6) 30 percent for the activities described in section 
        202(c)(5).
                                 <all>