[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3279 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  1st Session
                                S. 3279

To promote equity in advanced coursework and programs at elementary and 
                           secondary schools.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 9, 2023

Mr. Booker (for himself, Mr. Durbin, Ms. Smith, Mr. Van Hollen, and Mr. 
Brown) introduced the following bill; which was read twice and referred 
       to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
To promote equity in advanced coursework and programs at elementary and 
                           secondary schools.

    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 ``Advanced Coursework Equity Act''.

SEC. 2. PURPOSE.

    The purposes of this Act are--
            (1) to expand access to advanced courses and programs at 
        under-resourced elementary and secondary schools;
            (2) to advance equitable enrollment practices, so that all 
        students who are ready to engage in more rigorous coursework 
        can benefit from advanced courses and programs; and
            (3) to equip dramatically more students, especially 
        students from historically underrepresented groups, with 
        twenty-first century skills in the fields of science, 
        technology, engineering, and mathematics (referred to in this 
        Act as ``STEM'') needed to succeed in college and a competitive 
        global workforce.

SEC. 3. FINDINGS.

    Congress finds the following:
            (1) Black, Latino, and Native American students, students 
        with disabilities, English learners, and students from low-
        income families are underrepresented in advanced programs and 
        courses.
            (2) While 1 in 10 students in schools in the United States 
        participate in the Advanced Placement (AP) program, just over 1 
        in 20 low-income, Black, and Native American students 
        participate in Advanced Placement, 1 in 50 English learners 
        participate, and fewer than 1 in 50 students with disabilities 
        participate. One in 10 White students, 1 in 15 Latino students, 
        and 1 in 20 Black students participate in dual enrollment 
        programs.
            (3) Taking the mathematics course Algebra 1 in grade 8 is 
        necessary for most students to be on track for enrolling in 
        advanced math courses in high school. If Black and Latino 
        students had a fair opportunity to participate in eighth grade 
        Algebra I across the country, schools would enroll an 
        additional 43,019 Black students and 59,452 Latino students in 
        eighth grade Algebra I courses. The Department of Education 
        reported that in the 2015-2016 school year, only 48 percent of 
        schools with high concentrations of English learners offered 
        Algebra I compared with 70 percent of schools with low 
        concentrations of English learner students. In the same year, 
        just 2 percent of English learner students nationwide were 
        enrolled in Algebra I in grade 8.
            (4) A low-income student with reading and math achievement 
        levels equal to those of a high-income student is half as 
        likely to receive gifted services as the high-income student. 
        Black students are approximately half as likely as White peers 
        with the same mathematics and reading achievement levels to be 
        referred to gifted services.
            (5) A major barrier for Black and Latino students and 
        students with disabilities to access advanced courses and 
        programs is the over-reliance on subjective criteria, such as 
        the recommendation of teachers and counselors, in the advanced 
        course admittance process. When Denver Public Schools 
        implemented universal screening for gifted and talented 
        programs, Latino students were identified for the program at 
        twice the rate as the year before.
            (6) Just 1 in 12 students in the United States scored in 
        the top 2 proficiency levels on the 2018 PISA math assessment. 
        This is below the Organisation for Economic Co-operation and 
        Development (OECD) average and less than half the rate of South 
        Korea, Japan, and Switzerland.
            (7) Public elementary schools and secondary schools face a 
        $305,000,000,000 budget shortfall due to COVID-19 related tax 
        revenue decreases and new COVID-19 related expenses. As school 
        districts prepare to make drastic cuts to educational 
        programming, access to advanced coursework and programs is in 
        jeopardy for millions of students, especially students from 
        underrepresented groups and students attending under-resourced 
        schools. Additional funding and reforms are needed to maintain 
        and expand access to advanced coursework and programs, 
        especially for marginalized students in communities hit hardest 
        by the COVID-19 pandemic.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Terms from the elementary and secondary education act 
        of 1965.--The terms ``early college high school'', ``elementary 
        school'', ``English learner'', ``gifted and talented'', 
        ``institution of higher education'', ``parent'', ``school 
        leader'', ``secondary school'', and ``State educational 
        agency'' have the meaning given those terms in section 8101 of 
        the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        7801).
            (2) Local educational agency.--The term ``local educational 
        agency'' has the meaning given the term in section 8101 of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        7801), and includes a public charter school that is a local 
        educational agency.
            (3) Open enrollment.--The term ``open enrollment'' means an 
        enrollment mechanism through which any student that chooses to 
        enroll in an advanced course or program is allowed to do so, 
        without regard to previous academic performance or test scores.
            (4) Subgroup of students.--The term ``subgroup of 
        students'' has the meaning given that term in section 
        1111(c)(2) of the Elementary and Secondary Education Act of 
        1965 (20 U.S.C. 6311(c)(2)).
            (5) Universal screening.--The term ``universal screening'' 
        means an enrollment mechanism through which all students in a 
        grade are screened for enrollment in advanced courses and 
        programs. Students that are determined to be qualified for 
        advanced courses or programs are automatically enrolled in 
        those courses or programs, unless a parent chooses to opt out a 
        student. The determination of which students are qualified for 
        advanced courses or programs--
                    (A) shall be made after consideration of not less 
                than 2 objective assessments (except that a student may 
                qualify based on only 1 such assessment)--
                            (i) that are combined in a reasoned way 
                        that is not biased against any particular 
                        subgroup of students;
                            (ii) that provide appropriate 
                        accommodations for students with disabilities;
                            (iii) that may be administered not 
                        explicitly for the primary purpose of 
                        determining enrollment in an advanced course or 
                        program (such as through a statewide exam that 
                        all students in a grade will take), so long as 
                        students with disabilities have equal access to 
                        the assessment and are provided appropriate 
                        accommodations in accordance with the 
                        Individuals with Disabilities Education Act (20 
                        U.S.C. 1400 et seq.) and section 504 of the 
                        Rehabilitation Act of 1973 (29 U.S.C. 794); and
                            (iv) that may include--
                                    (I) a standardized assessment that 
                                provides appropriate accommodations for 
                                students with disabilities in 
                                accordance with the Individuals with 
                                Disabilities Education Act (20 U.S.C. 
                                1400 et seq.) and section 504 of the 
                                Rehabilitation Act of 1973 (29 U.S.C. 
                                794);
                                    (II) a statewide, districtwide, or 
                                schoolwide assessment; or
                                    (III) grades from relevant courses, 
                                a portfolio of relevant work, or class 
                                ranking; and
                    (B) may be partially based upon a subjective 
                measure (such as a teacher's recommendation) in 
                addition to the required 2 objective measures.

SEC. 5. GRANT PROGRAM AUTHORIZED.

    (a) In General.--The Secretary shall--
            (1) conduct 3 separate grant programs, by--
                    (A) awarding not less than 80 percent of the 
                amounts authorized to be appropriated under section 9 
                to State educational agencies to allow those State 
                educational agencies to award subgrants to 
                participating local educational agencies, including 
                public charter schools, to enable those local 
                educational agencies to carry out the activities 
                described in section 7;
                    (B) awarding not less than 15 percent of the 
                amounts authorized to be appropriated under section 9 
                to participating local educational agencies to allow 
                those local educational agencies to carry out the 
                activities described in section 7; and
                    (C) awarding not more than 4 percent of the amounts 
                authorized to be appropriated under section 9 to an 
                institution of higher education or other nonprofit 
                entity that has a demonstrated record of effectiveness 
                in delivering or designing advanced coursework or 
                programs (such as by previously executing a successful 
                project that was part of the Jacob K. Javits Gifted and 
                Talented Students Education Program under section 4644 
                of the Elementary and Secondary Education Act of 1965 
                (20 U.S.C. 7294)), to enable that institution or entity 
                to provide services to students in rural areas and 
                students who otherwise lack access to advanced courses 
                or programs; and
            (2) reserve not more than 1 percent of the amounts 
        authorized to be appropriated under section 9 for the 
        Department of Education to administer the program under this 
        Act, provide technical assistance to grantees, evaluate 
        grantees' performance (as required by this Act), and 
        disseminate information about findings and best practices 
        related to the activities authorized under this Act.
    (b) Application.--
            (1) State educational agency.--A State educational agency 
        desiring to receive a grant under subsection (a)(1)(A) shall 
        submit an application to the Secretary during the first year of 
        the 3-year grant cycle, and at such time and in such manner as 
        the Secretary may require. The application shall include the 
        following:
                    (A) An assurance that memoranda of understanding, 
                as described in section 6(c), have been executed 
                between the State educational agency and not less than 
                50 percent of the local educational agencies in the 
                State, representing not less than 50 percent of all 
                students in the State, to participate in the grant 
                program and fulfill the program obligations.
                    (B) A list of the participating local educational 
                agencies that have executed such memoranda, and the 
                percentage of the State's public school students who 
                are served by those local educational agencies.
                    (C) A plan for supporting participating local 
                educational agencies with implementing programs and 
                activities to improve enrollment in all advanced 
                courses or programs offered by the local educational 
                agency and improving student preparation for and 
                participation in pathways to postsecondary education in 
                STEM fields, which may include--
                            (i) using data from evidence-based early 
                        warning indicator systems; and
                            (ii) other evidence-based activities, 
                        including open enrollment or universal 
                        screening.
                    (D) A plan to assemble a statewide advisory council 
                of students from underrepresented subgroups of 
                students, and parents or guardians of students from 
                those subgroups, with at least 2 members of each 
                subgroup of students. The plan shall explain how the 
                council will be involved in the State educational 
                agency's implementation of the grant, as well as 
                oversight and evaluation of the grant.
                    (E) A plan for supporting participating local 
                educational agencies in collecting and reporting data 
                about advanced coursework enrollment and student 
                performance data, including data disaggregated and 
                cross-tabulated by race and ethnicity, sex, disability 
                status, socioeconomic status, and status as an English 
                learner.
                    (F) A description of ambitious 3-year enrollment 
                and performance goals for each subgroup of students, 
                and intermediate annual targets for each subgroup of 
                students, to bridge statewide inequities (according to 
                race and ethnicity, sex, disability status, 
                socioeconomic status, and status as an English learner) 
                in advanced coursework or program participation and 
                performance.
                    (G) A proposed budget for how the State educational 
                agency will spend funding awarded through the grant.
            (2) Local educational agency.--A local educational agency 
        desiring to receive a grant under subsection (a)(1)(B) shall be 
        eligible to apply for a grant if the local educational agency 
        is not also seeking a subgrant from a State educational agency 
        that receives a grant under this Act. A local educational 
        agency shall submit an application to the Secretary at such 
        time and in such manner as the Secretary may require. The 
        application shall include the following:
                    (A) An assurance that--
                            (i) the local educational agency is not 
                        also seeking a subgrant from a State 
                        educational agency that receives a grant under 
                        this Act during the applicable grant cycle; and
                            (ii) the local educational agency has a 
                        high student poverty ratio (as measured by 
                        comparing the number of students meeting at 
                        least one measure of poverty described in 
                        section 1113(a)(5) of the Elementary and 
                        Secondary Education Act of 1965 (20 U.S.C. 
                        6313(a)(5)) to the total number of students in 
                        the school).
                    (B) A description of the enrollment mechanism that 
                the participating local educational agency will use for 
                its various advanced courses or programs, which shall 
                include open enrollment or universal screening, 
                including in the case of universal screening, a 
                description of what assessments will be used to 
                determine enrollment as described in section 4(5), and 
                a justification for why each assessment was selected.
                    (C) A plan to assemble a local advisory council of 
                students from underrepresented subgroups of students, 
                and parents or guardians of students from those 
                subgroups, with at least 2 members of each subgroup of 
                students. The plan shall explain how the council will 
                be involved in the local educational agency's 
                implementation of the grant, as well as oversight and 
                evaluation of the grant.
                    (D) A plan to train school leaders, academic 
                advisors or counselors, and teachers on strategies for 
                bridging inequities (according to race and ethnicity, 
                sex, socioeconomic status, disability status, and 
                status as an English learner) in advanced coursework or 
                STEM program participation and performance.
                    (E) A plan to communicate to students and families, 
                in multiple languages and through multiple formats, the 
                process and requirements to enroll in advanced courses.
                    (F) An agreement to carry out the activities 
                described in section 7.
                    (G) A plan for collecting and reporting data about 
                advanced coursework enrollment and student performance 
                data, including data disaggregated and cross-tabulated 
                by race and ethnicity, sex, disability status, 
                socioeconomic status, and status as an English learner.
                    (H) A description of ambitious 3-year enrollment 
                and performance goals for each subgroup of students, 
                and intermediate annual targets for each subgroup of 
                students, to bridge districtwide inequities (according 
                to race and ethnicity, sex, socioeconomic status, 
                disability status, and status as an English learner) in 
                advanced coursework or STEM program participation and 
                performance.
                    (I) A proposed budget for how the participating 
                local educational agency will spend funding awarded 
                through the grant.
            (3) Other nonprofit entity.--An institution of higher 
        education or other nonprofit entity desiring to receive a grant 
        under subsection (a)(1)(C) shall submit an application to the 
        Secretary at such time, in such manner, and containing such 
        information as the Secretary may require, including, at a 
        minimum--
                    (A) at least one memorandum of understanding that 
                the applicant has already established with a school, 
                local educational agency, or State educational agency 
                that the applicant intends to work with, and a 
                description of the services the applicant would provide 
                to that school, local educational agency, or State 
                educational agency;
                    (B) materials that demonstrate the applicant's 
                record of effectiveness in designing or delivering 
                advanced coursework or programs and providing academic 
                supports for students that belong to underrepresented 
                subgroups;
                    (C) a description of ambitious 3-year enrollment 
                and performance goals for each subgroup of students 
                that the applicant intends to serve, and intermediate 
                annual targets for each such subgroup of students, to 
                bridge statewide inequities (according to race and 
                ethnicity, sex, socioeconomic status, disability 
                status, and status as an English learner) in advanced 
                coursework or program participation and performance;
                    (D) a plan for collecting and reporting data about 
                advanced coursework enrollment and student performance 
                data, including data disaggregated and cross-tabulated 
                by race and ethnicity, sex, disability status, 
                socioeconomic status, and status as an English learner; 
                and
                    (E) a proposed budget for how the applicant will 
                spend funding awarded through the grant.
    (c) Criteria for Awarding Grants.--
            (1) In general.--In evaluating applications for a grant 
        under subparagraphs (A), (B), and (C), of subsection (a)(1), 
        respectively, the Secretary shall consider--
                    (A) the 3-year goals, and intermediate annual 
                targets, for bridging statewide inequities (according 
                to race and ethnicity, sex, socioeconomic status, 
                disability status, and status as an English learner) in 
                advanced coursework or program participation and 
                performance;
                    (B) the level of detail and feasibility of the plan 
                for implementing (or supporting a participating State 
                educational agency, local educational agency, or school 
                in implementing, as applicable) open enrollment or 
                universal screening for all advanced courses or 
                programs offered by the local educational agency;
                    (C) the level of detail and feasibility of the plan 
                for assembling an advisory council of students from 
                underrepresented subgroups of students, and parents or 
                guardians of students from those subgroups, and 
                involving that advisory council in the implementation 
                of the grant, as well as oversight and evaluation of 
                the grant; and
                    (D) the level of detail and feasibility of the plan 
                for collecting and reporting (or supporting a 
                participating State educational agency, local 
                educational agency, or school in collecting or 
                reporting, as applicable) data by subgroup of students 
                about advanced coursework enrollment and performance.
            (2) Priorities.--
                    (A) State educational agency.--In awarding a grant 
                under subsection (a)(1)(A), the Secretary shall give 
                priority to--
                            (i) States that established memoranda of 
                        understanding, as described in section 6(c), 
                        with a high percentage of the local educational 
                        agencies in the State and covering a high 
                        percentage of total students in the State;
                            (ii) States with large gaps in equitable 
                        access, enrollment, and performance in advanced 
                        coursework across subgroups of students, as 
                        described in the grant applications of the 
                        State educational agencies;
                            (iii) States that prioritize evidence-based 
                        strategies to ensure subgroups of students have 
                        equitable access to pathways to postsecondary 
                        education in STEM fields; and
                            (iv) States that made recent improvements 
                        to equitable participation and performance in 
                        advanced coursework among historically 
                        underrepresented subgroups of students based on 
                        data collection from the Office of Civil Rights 
                        of the Department of Education, and demonstrate 
                        a need for additional funds to expand 
                        improvements.
                    (B) Local educational agency.--In awarding a grant 
                under subsection (a)(1)(B), the Secretary shall give 
                priority to--
                            (i) local educational agencies that have 
                        made recent improvements to equitable 
                        participation and performance in advanced 
                        coursework among historically underrepresented 
                        subgroups of students based on data collection 
                        from the Office of Civil Rights of the 
                        Department of Education;
                            (ii) local educational agencies that 
                        provide pathways to postsecondary education in 
                        STEM fields to a high proportion of students 
                        who are enrolled in high schools served by the 
                        local educational agency; and
                            (iii) local educational agencies that 
                        prioritize evidence-based strategies to ensure 
                        subgroups of students have equitable access to 
                        pathways to postsecondary education in STEM 
                        fields.
    (d) Amount; Duration.--
            (1) State educational agency.--
                    (A) Amount.--A grant awarded under subsection 
                (a)(1)(A) shall be in an amount that is not less than 
                $15,000,000 and not more than $60,000,000.
                    (B) Duration.--A grant awarded under subsection 
                (a)(1)(A) shall be for a 3-year period.
            (2) Local educational agency.--
                    (A) Amount.--A grant awarded under subsection 
                (a)(1)(B) shall be in an amount that is not less than 
                $1,000,000 and not more than $20,000,000.
                    (B) Duration.--A grant awarded under subsection 
                (a)(1)(B) shall be for a 3-year period.
            (3) Other nonprofit entity.--
                    (A) Amount.--A grant awarded under subsection 
                (a)(1)(C) shall be in an amount that is not more than 
                $3,000,000.
                    (B) Duration.--A grant awarded under subsection 
                (a)(1)(C) shall be for a 3-year period.
    (e) Number of Grants Awarded.--
            (1) State educational agency.--
                    (A) In general.--Subject to subparagraph (B), the 
                Secretary shall award not less than 6 and not more than 
                10 grants under subsection (a)(1)(A) per 3-year grant 
                cycle period.
                    (B) Exceptions.--Notwithstanding subparagraph (A), 
                if the amount appropriated to carry out this Act is--
                            (i) less than $233,000,000 in any year, the 
                        Secretary may award fewer than 6 awards under 
                        subsection (a)(1)(A) per cycle; and
                            (ii) more than $300,000,000 in any year, 
                        the Secretary may award more than 10 awards 
                        under subsection (a)(1)(A) per cycle.
            (2) Local educational agency.--
                    (A) In general.--Subject to subparagraph (B), the 
                Secretary shall award not less than 8 and not more than 
                16 grants under subsection (a)(1)(B) per 3-year grant 
                cycle period.
                    (B) Exceptions.--Notwithstanding subparagraph (A), 
                if the amount appropriated to carry out this Act is--
                            (i) less than $233,000,000 in any year, the 
                        Secretary may award fewer than 8 awards under 
                        subsection (a)(1)(B) per cycle; and
                            (ii) more than $300,000,000 in any year, 
                        the Secretary may award more than 16 awards 
                        under subsection (a)(1)(B) per cycle.
    (f) Special Rule.--In the event a local educational agency that is 
receiving a subgrant cannot carry out one or more of the activities 
described in section 7, a State educational agency receiving a grant 
under subsection (a)(1)(A) may use not more than 4 percent of the grant 
funds to carry out high-quality technical assistance for local 
educational agencies in the State.

SEC. 6. SUBGRANTS.

    (a) In General.--A State educational agency receiving a grant under 
this Act shall use the grant funds to award subgrants to local 
educational agencies in the State.
    (b) Requirement.--A State educational agency shall award not less 
than 65 percent of grant funds to--
            (1) local educational agencies that have a high student 
        poverty ratio (as measured by comparing the number of students 
        meeting at least one measure of poverty described in section 
        1113(a)(5) of the Elementary and Secondary Education Act of 
        1965 (20 U.S.C. 6313(a)(5)) to the total number of children in 
        the school); and
            (2) local educational agencies that will support elementary 
        schools and secondary schools that offer fewer advanced course 
        or program offerings (or fewer available slots in those courses 
        or programs) than the average for the State.
    (c) Subgrant Agreement.--As part of a memorandum of understanding 
described in section 5(b)(1)(A), and as a requirement for receiving a 
subgrant under this Act, a participating local educational agency 
shall--
            (1) establish ambitious 3-year enrollment and performance 
        goals for each subgroup of students, and intermediate annual 
        targets for each subgroup of students to bridge districtwide 
        inequities (according to race, sex, socioeconomic status, 
        disability status, and status as an English learner) in--
                    (A) advanced coursework;
                    (B) STEM program participation and performance; or
                    (C) both advanced coursework and STEM program 
                participation and performance;
            (2) specify the enrollment mechanism that the local 
        educational agency will use for its various advanced courses or 
        programs, which shall include open enrollment or universal 
        screening, including in the case of universal screening, a 
        description of what assessments will be used to determine 
        enrollment as described in section 4(5), and a justification 
        for why each assessment was selected;
            (3) submit a plan to train school leaders, academic 
        counselors or advisors, and teachers on strategies for bridging 
        inequities (according to race and ethnicity, sex, socioeconomic 
        status, disability status, and status as an English learner) in 
        advanced coursework or program participation and performance;
            (4) submit a plan to assemble a local advisory council of 
        students from underrepresented subgroups of students, and 
        parents or guardians of students from those subgroups, with at 
        least 2 members of each subgroup of students, including an 
        explanation of how the council will be involved in the local 
        educational agency's implementation of the grant, as well as 
        oversight and evaluation of the grant;
            (5) submit a plan to communicate to students and families, 
        in multiple languages and through multiple formats, the process 
        and requirements to enroll in advanced courses; and
            (6) an agreement to carry out the activities described in 
        section 7.

SEC. 7. USES OF FUNDS.

    (a) Required Uses of Funds.--A local educational agency receiving a 
grant or subgrant under this Act shall use the grant or subgrant funds 
to carry out 2 or more of the following activities:
            (1) Conducting community engagement (including by 
        assembling a local advisory council) with regard to changes to 
        advanced courses or programs.
            (2) Not later than 1 year after funding is received, 
        training school leaders, academic counselors or advisors, and 
        teachers on strategies for bridging inequities (according to 
        race and ethnicity, sex, socioeconomic status, disability 
        status, and status as an English learner) in advanced 
        coursework or program participation and performance.
            (3) Expanding enrollment in advanced courses or programs 
        for underrepresented students.
            (4) Not later than 1 year after funding is received, 
        implementing open enrollment or universal screening for all 
        advanced courses and programs, including--
                    (A) gifted and talented programs, 8th grade Algebra 
                I, Advanced Placement, International Baccalaureate, 
                dual enrollment, early college high school, and any 
                similarly advanced courses or programs; and
                    (B) training individuals involved in the assessment 
                process in the administration of the assessments and 
                the interpretation of the results.
            (5) Launching advanced courses or programs, or expand 
        enrollment capacity in advanced courses or programs, which may 
        include gifted and talented programs, 8th grade Algebra I, 
        Advanced Placement, International Baccalaureate, dual 
        enrollment, early college high school, or any similarly 
        advanced courses or programs.
            (6) Providing direct services, such as tutoring, to 
        students from underrepresented groups to enable those students 
        to thrive academically in advanced courses and programs, and if 
        applicable, prioritize services to be delivered by 
        paraprofessionals or other qualified school personnel.
    (b) Permitted Uses of Funds.--A local educational agency receiving 
a grant or subgrant under this Act may (in addition to the required 
uses described in subsection (a)) use the grant or subgrant funds to 
carry out one or more of the following activities:
            (1) Launching innovative advanced coursework models that 
        allow all students to benefit from advanced coursework, such as 
        embedded enrichment (for elementary and middle school 
        students), and open honors (for high school students).
            (2) Purchasing curricula and materials for advanced courses 
        and programs, such as calculators, books, and laboratory 
        materials.
            (3) Covering the cost of advanced coursework fees for low-
        income students.
            (4) Using funds to train or hire teachers to teach advanced 
        coursework.
            (5) Strengthening or developing a positive school climate 
        through teacher training and professional development, 
        including implicit bias training, identity-affirming curricula, 
        peer mentoring, programs to recruit and retain diverse 
        educators, engaging and supporting families, and expanding 
        alternatives to punitive and exclusionary discipline practices.
    (c) Nonprofit Entity.--An institution of higher education or other 
nonprofit entity receiving a grant under section 5(a)(1)(C) may use the 
grant to carry out one or more of the following activities for students 
in rural areas and students who otherwise lack access to advanced 
courses or programs:
            (1) Providing direct services, such as tutoring, to 
        students from underrepresented groups to enable those students 
        to thrive academically in advanced courses and programs, which 
        may include gifted and talented programs, 8th grade Algebra I, 
        Advanced Placement, International Baccalaureate, dual 
        enrollment, early college high school, embedded enrichment (for 
        elementary and middle school students), open honors (for high 
        school students), or any similarly advanced courses or 
        programs.
            (2) Purchasing curricula and materials for advanced courses 
        and programs, such as calculators, books, and laboratory 
        materials.
            (3) Covering the cost of advanced coursework exams for low-
        income students.

SEC. 8. REPORTING; BONUS GRANT.

    (a) Report to Secretary.--
            (1) States and leas.--Not later than 60 days after the end 
        of each year of the grant, each State educational agency or 
        local educational agency receiving a grant shall prepare and 
        submit to the Secretary a report containing the following:
                    (A) A description of the training that the local 
                educational agency receiving a grant, or local 
                educational agencies receiving a subgrant in the State, 
                as applicable, conducted to train school leaders, 
                academic counselors or advisors, and teachers on 
                strategies for bridging inequities (according to race 
                and ethnicity, sex, socioeconomic status, disability 
                status, and status as an English learner) in advanced 
                coursework or program participation and performance, 
                including the number of people trained and what schools 
                those trained individuals are affiliated with.
                    (B) A listing of the advanced courses or programs 
                available at the local educational agency receiving a 
                grant, or at each local educational agency that 
                received a subgrant, as applicable, and the student 
                enrollment mechanism for each of those courses or 
                programs. If a local educational agency uses universal 
                screening instead of open enrollment, then the list 
                shall include a description of what assessments will be 
                used to determine enrollment as described in section 
                4(5).
                    (C) The number and percentages of students in the 
                State (or in the local educational agency, in the case 
                of a local educational agency receiving a grant) that 
                are enrolled in advanced courses or programs, 
                disaggregated and cross-tabulated by race and 
                ethnicity, sex, disability status, socioeconomic 
                status, and status as an English learner.
                    (D) The academic outcomes (such as grades or exam 
                scores) of students enrolled in advanced courses or 
                programs in the State (or in the local educational 
                agency, in the case of a local educational agency 
                receiving a grant), disaggregated and cross-tabulated 
                by race and ethnicity, sex, disability status, 
                socioeconomic status, and status as an English learner.
                    (E) A final budget for how the State or local 
                educational agency spent funding awarded through the 
                grant.
                    (F) A narrative articulating whether the State or 
                local educational agency receiving a grant met its 
                annual intermediate targets for equitable enrollment 
                and performance among underrepresented subgroups of 
                students in advanced coursework or programs, including 
                analysis for why the State did or did not meet these 
                targets across underrepresented subgroups of students, 
                and a plan to remediate any gaps for the coming grant 
                year. This narrative shall also include the analysis 
                from the local advisory council (in the case of a 
                grantee that is a local educational agency) or the 
                State advisory council (in the case of a grantee that 
                is a State educational agency).
                    (G) A description of communication with families, 
                including how parents were notified of--
                            (i) advanced coursework opportunities;
                            (ii) the value of the programs; and
                            (iii) the ability to opt out.
            (2) Other nonprofit entities.--Not later than 60 days after 
        the end of each year of the grant, each nonprofit entity 
        receiving a grant under section 5(a)(1)(C) shall prepare and 
        submit to the Secretary a report containing the information 
        described in subparagraph (C) through (F) of paragraph (1) with 
        respect to students that are enrolled in advanced courses or 
        programs provided by the nonprofit entity and the nonprofit 
        entity's targets.
    (b) Bonus.--
            (1) State educational agency.--The State educational agency 
        receiving a grant under section 5(a)(1)(A) that achieves the 
        greatest growth toward that State's advanced coursework 
        enrollment and performance equity goals described in section 
        5(b)(1)(F) at the end of the first or second grant year shall 
        receive a bonus payment of 5 percent of the original grant 
        amount (to be used during the subsequent grant year). A State 
        educational agency shall direct not less than 50 percent of the 
        bonus funds to local educational agency subgrantees that 
        achieved the greatest growth toward the local educational 
        agency's advanced coursework equity goals described in section 
        6(c)(1).
            (2) Local educational agency.--The local educational agency 
        receiving a grant under section 5(a)(1)(B) that achieves the 
        greatest growth toward that local educational agency's advanced 
        coursework enrollment and performance equity goals described in 
        section 5(b)(2)(H) at the end of the first grant year shall 
        receive a bonus payment of 5 percent of the original grant 
        amount (to be used during the subsequent grant year). A local 
        educational agency shall direct not less than 50 percent of the 
        bonus funds to the schools that achieved the greatest growth 
        toward the local educational agency's advanced coursework 
        equity goals described in section 5(b)(2)(H).
    (c) Evaluation.--At the end of the 3-year grant period, the 
Secretary shall prepare and submit to Congress a report containing an 
evaluation of the grant program under this Act and a summary of the 
reports submitted under subsection (a). The evaluation shall contain an 
analysis of the effectiveness of the program, including the impact of 
the grants on equitable enrollment and performance in advanced courses 
and programs. This evaluation shall provide recommendations based on 
the Secretary's findings from the grant program.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this Act 
$266,000,000 for fiscal year 2023, $266,000,000 for fiscal year 2024, 
and $266,000,000 for fiscal year 2025.
                                 <all>