[Congressional Record Volume 151, Number 53 (Wednesday, April 27, 2005)]
[Senate]
[Pages S4410-S4417]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. MURRAY (for herself, Mr. Durbin, Mr. Kennedy, and Mrs. 
        Clinton):
  S. 921. A bill to provide for secondary school reform, and for other 
purposes; to the Committee on Health, Education, Labor, and Pensions.
  Mrs. MURRAY. Mr. President, I am pleased today to introduce a bill 
with Senators Durbin, Kennedy, and Clinton that will help our Nation's 
high school students graduate with the knowledge necessary to succeed 
in post-secondary education and the skills needed to succeed in the 
workforce.
  Unfortunately too many high school students today are not completing 
high school at all or with the skills necessary to enter post-secondary 
education or the workforce. The statistics are staggering. Every day, 
3,000 teenagers drop out of high school. This year over 500,000 
students will drop out of high school. Overall, less than 70 percent of 
high school students will graduate and less than 50 percent of high 
school students of color will graduate.
  Of 100 9th graders, less than 70 percent will graduate on time, only 
38 percent will directly enter college, only 26 percent will still be 
enrolled in their sophomore year, and only 18 percent will graduate 
from college. That number is even lower for minority students. Forty 
percent of students entering 4-year colleges and nearly 70 percent of 
students entering community colleges will take remedial classes in 
reading, writing or math, extending their years in and the cost of 
college.
  Only one-third of the U.S. workforce has any post-secondary education 
but it is estimated that 60 percent of new jobs in the 21st century 
will require a post-secondary education. Business will spend billions 
of dollars on remediation for their employees in reading, writing and 
math.
  We can do better and we must do better for our Nation's students, 
their families, and American business. Currently, high school students 
are graduating at meager rates and even if they are graduating from 
high school, they are not leaving high school with the skills and 
knowledge to enter the workforce or be successful in college. That is 
why I have written and am introducing the Pathways for All Students to 
Succeed Act or the PASS Act.
  The PASS Act targets high school reform in three key areas: core 
academics, improving graduation rates, and assistance to low-performing 
schools to improve student achievement through innovative models. The 
PASS Act will help improve student achievement in core academics and 
reduce the need for remediation in college and the workplace through 
grants for schools to hire literacy and math coaches. Literacy and math 
coaches bring professional development back into schools and 
classrooms. Coaches help teachers identify which students are having 
reading or math problems, how to respond to such problems, and how to 
integrate literacy and math skills across curricula.
  The PASS Act also targets dropouts and low graduation rates through 
grants for academic counselors and a meaningful graduation rate 
calculation. Time after time I have talked to students in their senior 
year who have said, ``I didn't know I needed four years of math to 
graduate and get into college.'' Part of the problem is that our 
counselors are completely overwhelmed. The current national average 
ratio of students to counselors is over 450 to 1. My bill would provide 
grants to bring that ratio down to 150 to 1. Academic counselors will 
also work with students and their families to create 6 year graduation 
and career plans that will help students identify what classes they 
need to graduate and achieve their post-secondary goals, whether those 
goals are training or college, and identify support services such as 
GEAR UP and TRIO that are available to the student.
  The PASS Act also provides grants to schools for data collection, and 
specifically on graduation rates. Currently schools do not have a way 
to accurately calculate graduation rates. The Department of Education 
only requires schools to report the graduation rate based on 12th grade 
data and we all know that is not when students drop out. The PASS Act 
provides schools with funding to collect, disaggregate, and report 
accurate graduation rates so that schools can correctly diagnose and 
address problems facing specific student populations.
  And lastly the PASS Act provides additional funding for schools 
labeled ``in need of improvement'' to implement proven, innovative 
reforms leading to gains in student achievement. I often talk to 
principals who tell me they know what they need to do to improve their 
schools; they just don't have the funds to make the necessary changes. 
Such reforms include smaller learning communities, adolescent literacy 
programs, whole school reforms, personalized learning environments, and 
programs that target transitions between middle and secondary school.
  Congress must act now and act boldly to correct the shortfalls in our 
nation's high schools. We can and must do better. I hope my colleagues 
will join me in supporting this bill and addressing the needs of our 
high school students.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

[[Page S4411]]

                                 S. 921

       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 ``Pathways for All Students to 
     Succeed Act''.

          TITLE I--READING AND MATHEMATICS SKILLS FOR SUCCESS

     SEC. 101. FINDINGS.

       Congress makes the following findings:
       (1) While the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 6301 et seq.), as amended by the No Child 
     Left Behind Act of 2001 (Public Law 107-110, 115 Stat. 1425), 
     provides a strong framework for helping children in the early 
     grades, our Nation still needs a comprehensive strategy to 
     address the literacy problems and learning gaps of students 
     in middle school and secondary school.
       (2) Approximately 60 percent of students in the poorest 
     communities fail to graduate from secondary school on time, 
     in large part because of severe reading deficits that 
     contribute to academic failure.
       (3) Forty percent of students attending high minority 
     enrollment secondary schools enroll in remedial reading 
     coursework when entering higher education, in an effort to 
     gain the skills their secondary education failed to provide.
       (4) While 33 percent of all low-income students are 
     enrolled in secondary schools, only 15 percent of the funding 
     targeted to disadvantaged students goes to secondary schools.
       (5) Data from the 1998 National Assessment of Educational 
     Progress show that 32 percent of boys and 19 percent of girls 
     in eighth grade cannot read at a basic level. These numbers 
     do not change significantly in the secondary school years and 
     are even more dramatic when students are identified by 
     minority status.
       (6) The 2002 National Assessment of Educational Progress 
     writing scores indicate that while the percentage of fourth 
     and eighth graders writing at or above a basic level 
     increased between 1998 and 2002, the percentage of 12th 
     graders writing at or above a basic level decreased. These 
     numbers show that our concentrated efforts for elementary 
     school students have improved their writing skills, but by 
     neglecting the needs of secondary school students, we are 
     squandering these gains.
       (7) The United States cannot maintain its position as the 
     world's strongest economy if we continue to ignore the 
     literacy needs of adolescents in middle school and secondary 
     school.
       (8) The achievement gap between White and Asian students 
     and Black and Hispanic students remains wide in the area of 
     mathematics.
       (9) The 2003 National Assessment of Education Progress 
     shows that the achievement gap between the mathematics scores 
     of eighth grade Black and Hispanic students and White 
     students is the same in 2003 as in 1990.
       (10) The 2003 National Assessment of Education Progress 
     shows that eighth grade students eligible for a free or 
     reduced-price school lunch did not meet the basic mathematics 
     score, unlike non-eligible students.
       (11) According to the latest results from international 
     assessments, 15-year-olds from the United States performed 
     below the international average in mathematics literacy and 
     problem-solving, placing 27th out of 39 countries.
       (12) Only 13 of the United States workforce has any post-
     secondary education, yet 60 percent of new jobs in the 21st 
     century will require post-secondary education.

     SEC. 102. PURPOSES.

       The purposes of this title are--
       (1) to provide assistance to State educational agencies and 
     local educational agencies in establishing effective 
     research-based reading, writing, and mathematics programs for 
     students in middle schools and secondary schools, including 
     students with disabilities and students with limited English 
     proficiency;
       (2) to provide adequate resources to schools to hire and to 
     provide in-service training for not less than 1 literacy 
     coach per 20 teachers who can assist middle school and 
     secondary school teachers to incorporate research-based 
     reading and writing instruction into the teachers' teaching 
     of mathematics, science, history, civics, geography, 
     literature, language arts, and other core academic subjects;
       (3) to provide assistance to State educational agencies and 
     local educational agencies--
       (A) in strengthening reading and writing instruction in 
     middle schools and secondary schools; and
       (B) in procuring high-quality diagnostic reading and 
     writing assessments and comprehensive research-based programs 
     and instructional materials that will improve reading and 
     writing performance among students in middle school and 
     secondary school; and
       (4) to provide adequate resources to schools to hire and to 
     provide in-service training for not less than 1 mathematics 
     coach per 20 teachers who can assist middle school and 
     secondary school teachers to utilize research-based 
     mathematics instruction to develop students' mathematical 
     abilities and knowledge, and assist teachers in assessing 
     student learning.

     SEC. 103. DEFINITIONS.

       In this title:
       (1) In general.--The terms ``local educational agency'', 
     ``Secretary'', and ``State educational agency'' have the 
     meaning given the terms in section 9101 of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7801).
       (2) Eligible local educational agency.--The term ``eligible 
     local educational agency'' means a local educational agency 
     who is eligible to receive funds under part A of title I of 
     the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6311 et seq.).
       (3) Literacy coach.--The term ``literacy coach'' means a 
     certified or licensed teacher with a demonstrated 
     effectiveness in teaching reading and writing to students 
     with specialized reading and writing needs, and the ability 
     to work with classroom teachers to improve the teachers' 
     instructional techniques to support reading and writing 
     improvement, who works on site at a school--
       (A) to train teachers from across the curriculum to 
     incorporate the teaching of reading and writing skills into 
     their instruction of content;
       (B) to train teachers to assess students' reading and 
     writing skills and identify students requiring remediation; 
     and
       (C) to provide or assess remedial literacy instruction, 
     including for--
       (i) students in after school and summer school programs;
       (ii) students requiring additional instruction;
       (iii) students with disabilities; and
       (iv) students with limited English proficiency.
       (4) Mathematics coach.--The term ``mathematics coach'' 
     means a certified or licensed teacher, with a demonstrated 
     effectiveness in teaching mathematics to students with 
     specialized needs in mathematics, a command of mathematical 
     content knowledge, and the ability to work with classroom 
     teachers to improve the teachers' instructional techniques to 
     support mathematics improvement, who works on site at a 
     school--
       (A) to train teachers to better assess student learning in 
     mathematics;
       (B) to train teachers to assess students' mathematics 
     skills and identify students requiring remediation; and
       (C) to provide or assess remedial mathematics instruction, 
     including for--
       (i) students in after school and summer school programs;
       (ii) students requiring additional instruction;
       (iii) students with disabilities; and
       (iv) students with limited English proficiency.
       (5) Middle school.--The term ``middle school'' means a 
     school that provides middle school education, as determined 
     under State law.
       (6) Secondary school.--The term ``secondary school'' means 
     a school that provides secondary education, as determined 
     under State law.
       (7) State.--The term ``State'' means each of the 50 States, 
     the District of Columbia, the Commonwealth of Puerto Rico, 
     the United States Virgin Islands, Guam, American Samoa, and 
     the Commonwealth of the Northern Mariana Islands.

     SEC. 104. AUTHORIZATION OF APPROPRIATIONS.

       (a) Literacy Grants.--For the purposes of carrying out 
     subtitle A, there are authorized to be appropriated 
     $1,000,000,000 for fiscal year 2006 and such sums as may be 
     necessary for each of the 5 succeeding fiscal years.
       (b) Mathematics Grants.--For the purposes of carrying out 
     subtitle B, there are authorized to be appropriated 
     $1,000,000,000 for fiscal year 2006 and such sums as may be 
     necessary for each of the 5 succeeding fiscal years.

                  Subtitle A--Literacy Skills Programs

     SEC. 111. LITERACY SKILLS PROGRAMS.

       (a) Grants Authorized.--
       (1) In general.--From funds appropriated under section 
     104(a) for a fiscal year, the Secretary shall establish a 
     program, in accordance with the requirements of this 
     subtitle, that will provide grants to State educational 
     agencies, and grants or subgrants to eligible local 
     educational agencies, to establish reading and writing 
     programs to improve the overall reading and writing 
     performance of students in middle school and secondary 
     school.
       (2) Length of grant.--A grant to a State educational agency 
     under this subtitle shall be awarded for a period of 6 years.
       (b) Reservation of Funds by the Secretary.--From amounts 
     appropriated under section 104(a) for a fiscal year, the 
     Secretary shall reserve--
       (1) 3 percent of such amounts to fund national activities 
     in support of the programs assisted under this subtitle, such 
     as research and dissemination of best practices, except that 
     the Secretary may not use the reserved funds to award grants 
     directly to local educational agencies; and
       (2) 2 percent of such amounts for the Bureau of Indian 
     Affairs to carry out the services and activities described in 
     section 112(c) for Indian children.
       (c) Grant Formulas.--
       (1) Formula grants to state educational agencies.--If the 
     amounts appropriated under section 104(a) for a fiscal year 
     are equal to or greater than $500,000,000, then the Secretary 
     shall award grants, from allotments under paragraph (3), to 
     State educational agencies to enable the State educational 
     agencies to provide subgrants to eligible local educational 
     agencies to establish reading and writing programs to improve

[[Page S4412]]

     overall reading and writing performance among students in 
     middle school and secondary school.
       (2) Direct grants to eligible local educational agencies.--
       (A) In general.--If the amounts appropriated under section 
     104(a) for a fiscal year are less than $500,000,000, then the 
     Secretary shall award grants, on a competitive basis, 
     directly to eligible local educational agencies to establish 
     reading and writing programs to improve overall reading and 
     writing performance among students in middle school and 
     secondary school.
       (B) Priority.--The Secretary shall give priority in 
     awarding grants under this paragraph to eligible local 
     educational agencies that--
       (i) are among the local educational agencies in the State 
     with the lowest graduation rates, as described in section 
     1111(b)(2)(C)(vi) of the Elementary and Secondary Education 
     Act of 1965 (20 U.S.C. 6311(b)(2)(C)(vi)); and
       (ii) have the highest number or percentage of students who 
     are counted under section 1124(c) of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6333(c)).
       (3) Allotments to states.--
       (A) In general.--From funds appropriated under section 
     104(a) and not reserved under subsection (b) for a fiscal 
     year, the Secretary shall make an allotment to each State 
     educational agency having an application approved under 
     subsection (d) in an amount that bears the same relation to 
     the funds as the amount the State received under part A of 
     title I of the Elementary and Secondary Education Act of 1965 
     (20 U.S.C. 6311 et seq.) bears to the amount received under 
     such part by all States.
       (B) Minimum allotment.--Notwithstanding subparagraph (A), 
     no State educational agency shall receive an allotment under 
     this paragraph for a fiscal year in an amount that is less 
     than 0.25 percent of the funds allotted to all State 
     educational agencies under subparagraph (A) for the fiscal 
     year.
       (4) Reallotment.--If a State educational agency does not 
     apply for a grant under this subtitle, the Secretary shall 
     reallot the State educational agency's allotment to the 
     remaining States.
       (d) Applications.--
       (1) In general.--In order to receive a grant under this 
     subtitle, 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 
     require. Each such application shall meet the following 
     conditions:
       (A) A State educational agency shall not include the 
     application for assistance under this subtitle in a 
     consolidated application submitted under section 9302 of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7842).
       (B) The State educational agency's application shall 
     include an assurance that--
       (i) the State educational agency has established a reading 
     and writing partnership that--

       (I) coordinated the development of the application for a 
     grant under this subtitle; and
       (II) will assist in designing and administering the State 
     educational agency's program under this subtitle; and

       (ii) the State educational agency will participate, if 
     requested, in any evaluation of the State educational 
     agency's program under this subtitle.
       (C) The State educational agency's application shall 
     include a program plan that contains a description of the 
     following:
       (i) How the State educational agency will assist eligible 
     local educational agencies in implementing subgrants, 
     including providing ongoing professional development for 
     literacy coaches, teachers, paraprofessionals, and 
     administrators.
       (ii) How the State educational agency will help eligible 
     local educational agencies identify high-quality screening, 
     diagnostic, and classroom-based instructional reading and 
     writing assessments.
       (iii) How the State educational agency will help eligible 
     local educational agencies identify high-quality research-
     based materials and programs.
       (iv) How the State educational agency will help eligible 
     local educational agencies identify appropriate and effective 
     materials, programs, and assessments for students with 
     disabilities and students with limited English proficiency.
       (v) How the State educational agency will ensure that 
     professional development funded under this subtitle--

       (I) is based on reading and writing research;
       (II) will effectively improve instructional practices for 
     reading and writing for middle school and secondary school 
     students; and
       (III) is coordinated with professional development 
     activities funded through other programs (including federally 
     funded programs such as programs funded under the Adult 
     Education and Family Literacy Act (20 U.S.C. 9201 et seq.), 
     the Individuals with Disabilities Education Act (20 U.S.C. 
     1400 et seq.), and the Elementary and Secondary Education Act 
     of 1965 (20 U.S.C. 6301 et seq.)).

       (vi) How funded activities will help teachers and other 
     instructional staff to implement research-based components of 
     reading and writing instruction.
       (vii) The subgrant process the State educational agency 
     will use to ensure that eligible local educational agencies 
     receiving subgrants implement programs and practices based on 
     reading and writing research.
       (viii) How the State educational agency will build on and 
     promote coordination among reading and writing programs in 
     the State to increase overall effectiveness in improving 
     reading and writing instruction, including for students with 
     disabilities and students with limited English proficiency.
       (ix) How the State educational agency will regularly assess 
     and evaluate the effectiveness of the eligible local 
     educational agency activities funded under this subtitle.
       (2) Review of applications.--The Secretary shall review 
     applications from State educational agencies under this 
     subsection as the applications are received.
       (e) State Use of Funds.--Each State educational agency 
     receiving a grant under this subtitle shall--
       (1) establish a reading and writing partnership, which may 
     be the same as the partnership established under section 
     1203(d) of the Elementary and Secondary Education Act of 1965 
     (20 U.S.C. 6363(d)), that will provide guidance to eligible 
     local educational agencies in selecting or developing and 
     implementing appropriate, research-based reading and writing 
     programs for middle school and secondary school students;
       (2) use 80 percent of the grant funds received under this 
     subtitle for a fiscal year to award subgrants to eligible 
     local educational agencies having applications approved under 
     section 112(a); and
       (3) use 20 percent of the grant funds received under this 
     subtitle--
       (A) to carry out State-level activities described in the 
     application submitted under subsection (d);
       (B) to provide--
       (i) technical assistance to eligible local educational 
     agencies; and
       (ii) high-quality professional development to teachers and 
     literacy coaches;
       (C) to oversee and evaluate subgrant services and 
     activities undertaken by the eligible local educational 
     agencies as described in section 112(c); and
       (D) for administrative costs,

     of which not more than 10 percent of the grant funds may be 
     used for planning, administration, and reporting.
       (f) Notice to Eligible Local Educational Agencies.--Each 
     State educational agency receiving a grant under this 
     subtitle shall provide notice to all eligible local 
     educational agencies in the State about the availability of 
     subgrants under this subtitle.
       (g) Supplement Not Supplant.--Each State educational agency 
     receiving a grant under this subtitle shall use the grant 
     funds to supplement not supplant State funding for activities 
     authorized under this subtitle or for other educational 
     activities.
       (h) New Services and Activities.--Grant funds provided 
     under this subtitle may be used only to provide services and 
     activities authorized under this subtitle that were not 
     provided on the day before the date of enactment of this Act.

     SEC. 112. SUBGRANTS TO ELIGIBLE LOCAL EDUCATIONAL AGENCIES.

       (a) Application.--
       (1) In general.--Each eligible local educational agency 
     desiring a subgrant under this subtitle shall submit an 
     application to the State educational agency in the form and 
     according to the schedule established by the State 
     educational agency.
       (2) Contents.--In addition to any information required by 
     the State educational agency, each application under 
     paragraph (1) shall demonstrate how the eligible local 
     educational agency will carry out the following required 
     activities:
       (A) Development or selection and implementation of 
     research-based reading and writing assessments.
       (B) Development or selection and implementation of 
     research-based reading and writing programs, including 
     programs for students with disabilities and students with 
     limited English proficiency.
       (C) Selection of instructional materials based on reading 
     and writing research.
       (D) High-quality professional development for literacy 
     coaches and teachers based on reading and writing research.
       (E) Evaluation strategies.
       (F) Reporting.
       (G) Providing access to research-based reading and writing 
     materials.
       (3) Consortia.--An eligible local educational agency may 
     apply to the State educational agency for a subgrant as a 
     member of a consortium, if each member of the consortium is 
     an eligible local educational agency.
       (b) Award Basis.--
       (1) Minimum subgrant amount.--Each eligible local 
     educational agency receiving a subgrant under this subtitle 
     for a fiscal year shall receive a minimum subgrant amount 
     that bears the same relation to the amount of funds made 
     available to the State educational agency under section 
     111(e)(2) as the amount the eligible local educational agency 
     received under part A of title I of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) for 
     the preceding fiscal year bears to the amount received by all 
     eligible local educational agencies under such part for the 
     preceding fiscal year.
       (2) Sufficient size and scope.--Subgrants under this 
     section shall be of sufficient size and scope to enable 
     eligible local educational agencies to fully implement 
     activities assisted under this subtitle.
       (c) Local Use of Funds.--Each eligible local educational 
     agency receiving a subgrant under this subtitle shall use the 
     subgrant funds to carry out, at the middle school and 
     secondary school level, the following services and 
     activities:

[[Page S4413]]

       (1) Hiring literacy coaches, at a ratio of not less than 1 
     literacy coach for every 20 teachers, and providing 
     professional development for literacy coaches--
       (A) to work with classroom teachers to incorporate reading 
     and writing instruction within all subject areas, during 
     regular classroom periods, after school, and during summer 
     school programs, for all students;
       (B) to work with classroom teachers to identify students 
     with reading and writing problems and, where appropriate, 
     refer students to available programs for remediation and 
     additional services;
       (C) to work with classroom teachers to diagnose and 
     remediate reading and writing difficulties of the lowest-
     performing students, by providing intensive, research-based 
     instruction, including during after school and summer 
     sessions, geared toward ensuring that the students can access 
     and be successful in rigorous academic coursework; and
       (D) to assess and organize student data on literacy and 
     communicate that data to school administrators to inform 
     school reform efforts.
       (2) Reviewing, analyzing, developing, and, where possible, 
     adapting curricula to make sure literacy skills are taught 
     within the content area subjects.
       (3) Providing reading and writing professional development 
     for all teachers in middle school and secondary school that 
     addresses both remedial and higher level literacy skills for 
     students in the applicable curriculum.
       (4) Providing professional development for teachers, 
     administrators, and paraprofessionals serving middle schools 
     and secondary schools to help the teachers, administrators, 
     and paraprofessionals meet literacy needs.
       (5) Procuring and implementing programs and instructional 
     materials based on reading and writing research, including 
     software and other education technology related to reading 
     and writing instruction.
       (6) Building on and promoting coordination among reading 
     and writing programs in the eligible local educational agency 
     to increase overall effectiveness in improving reading and 
     writing instruction, including for students with disabilities 
     and students with limited English proficiency.
       (7) Evaluating the effectiveness of the instructional 
     strategies, teacher professional development programs, and 
     other interventions that are implemented under the subgrant.
       (d) Supplement Not Supplant.--Each eligible local 
     educational agency receiving a subgrant under this subtitle 
     shall use the subgrant funds to supplement not supplant the 
     eligible local educational agency funding for activities 
     authorized under this subtitle or for other educational 
     activities.
       (e) New Services and Activities.--Subgrant funds provided 
     under this subtitle may be used only to provide services and 
     activities authorized under this subtitle that were not 
     provided on the day before the date of enactment of this Act.
       (f) Evaluations.--Each eligible local educational agency 
     receiving a grant under this subtitle shall participate, as 
     requested by the State educational agency or the Secretary, 
     in reviews and evaluations of the programs of the eligible 
     local educational agency and the effectiveness of such 
     programs, and shall provide such reports as are requested by 
     the State educational agency and the Secretary.

                Subtitle B--Mathematics Skills Programs

     SEC. 121. MATHEMATICS SKILLS PROGRAMS.

       (a) Grants Authorized.--
       (1) In general.--From funds appropriated under section 
     104(b) for a fiscal year, the Secretary shall establish a 
     program, in accordance with the requirements of this 
     subtitle, that will provide grants to State educational 
     agencies, and grants and subgrants to eligible local 
     educational agencies, to establish mathematics programs to 
     improve the overall mathematics performance of students in 
     middle school and secondary school.
       (2) Length of grant.--A grant to a State educational agency 
     under this subtitle shall be awarded for a period of 6 years.
       (b) Reservation of Funds by the Secretary.--From amounts 
     appropriated under section 104(b) for a fiscal year, the 
     Secretary shall reserve--
       (1) 3 percent of such amounts to fund national activities 
     in support of the programs assisted under this subtitle, such 
     as research and dissemination of best practices, except that 
     the Secretary may not use the reserved funds to award grants 
     directly to local educational agencies; and
       (2) 2 percent of such amounts for the Bureau of Indian 
     Affairs to carry out the services and activities described in 
     section 122(c) for Indian children.
       (c) Grant Formulas.--
       (1) Formula grants to state educational agencies.--If the 
     amounts appropriated under section 104(b) for a fiscal year 
     are equal to or greater than $500,000,000, then the Secretary 
     shall award grants, from allotments under paragraph (3), to 
     State educational agencies to enable the State educational 
     agencies to provide subgrants to eligible local educational 
     agencies to establish mathematics programs to improve overall 
     mathematics performance among students in middle school and 
     secondary school.
       (2) Direct grants to eligible local educational agencies.--
       (A) In general.--If the amounts appropriated under section 
     104(b) for a fiscal year are less than $500,000,000, then the 
     Secretary shall award grants, on a competitive basis, 
     directly to eligible local educational agencies to establish 
     mathematics programs to improve overall mathematics 
     performance among students in middle school and secondary 
     school.
       (B) Priority.--The Secretary shall give priority in 
     awarding grants under this paragraph to eligible local 
     educational agencies that--
       (i) are among the local educational agencies in the State 
     with the lowest graduation rates, as described in section 
     1111(b)(2)(C)(vi) of the Elementary and Secondary Education 
     Act of 1965 (20 U.S.C. 6311(b)(2)(C)(vi)); and
       (ii) have the highest number or percentage of students who 
     are counted under section 1124(c) of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6333(c)).
       (3) Allotments to states.--
       (A) In general.--From funds appropriated under section 
     104(b) and not reserved under subsection (b) for a fiscal 
     year, the Secretary shall make an allotment to each State 
     educational agency having an application approved under 
     subsection (d) in an amount that bears the same relation to 
     the funds as the amount the State received under part A of 
     title I of the Elementary and Secondary Education Act of 1965 
     (20 U.S.C. 6311 et seq.) bears to the amount received under 
     such part by all States.
       (B) Minimum allotment.--Notwithstanding subparagraph (A), 
     no State educational agency shall receive an allotment under 
     this paragraph for a fiscal year in an amount that is less 
     than 0.25 percent of the funds allotted to all State 
     educational agencies under subparagraph (A) for the fiscal 
     year.
       (4) Reallotment.--If a State educational agency does not 
     apply for a grant under this subtitle, the Secretary shall 
     reallot the State educational agency's allotment to the 
     remaining States.
       (d) Applications.--
       (1) In general.--In order to receive a grant under this 
     subtitle, 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 
     require. Each such application shall meet the following 
     conditions:
       (A) A State educational agency shall not include the 
     application for assistance under this subtitle in a 
     consolidated application submitted under section 9302 of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7842).
       (B) The State educational agency's application shall 
     include an assurance that--
       (i) the State educational agency has established a 
     mathematics partnership that--

       (I) coordinated the development of the application for a 
     grant under this subtitle; and
       (II) will assist in designing and administering the State 
     educational agency's program under this subtitle; and

       (ii) the State educational agency will participate, if 
     requested, in any evaluation of the State educational 
     agency's program under this subtitle.
       (C) The State educational agency's application shall 
     include a program plan that contains a description of the 
     following:
       (i) How the State educational agency will assist eligible 
     local educational agencies in implementing subgrants, 
     including providing ongoing professional development for 
     mathematics coaches, teachers, paraprofessionals, and 
     administrators.
       (ii) How the State educational agency will help eligible 
     local educational agencies identify high-quality screening, 
     diagnostic, and classroom-based instructional mathematics 
     assessments.
       (iii) How the State educational agency will help eligible 
     local educational agencies identify high-quality research-
     based mathematics materials and programs.
       (iv) How the State educational agency will help eligible 
     local educational agencies identify appropriate and effective 
     materials, programs, and assessments for students with 
     disabilities and students with limited English proficiency.
       (v) How the State educational agency will ensure that 
     professional development funded under this subtitle--

       (I) is based on mathematics research;
       (II) will effectively improve instructional practices for 
     mathematics for middle school and secondary school students; 
     and
       (III) is coordinated with professional development 
     activities funded through other programs.

       (vi) How funded activities will help teachers and other 
     instructional staff to implement research-based components of 
     mathematics instruction.
       (vii) The subgrant process the State educational agency 
     will use to ensure that eligible local educational agencies 
     receiving subgrants implement programs and practices based on 
     mathematics research.
       (viii) How the State educational agency will build on and 
     promote coordination among mathematics programs in the State 
     to increase overall effectiveness in improving mathematics 
     instruction, including for students with disabilities and 
     students with limited English proficiency.
       (ix) How the State educational agency will regularly assess 
     and evaluate the effectiveness of the eligible local 
     educational agency activities funded under this subtitle.
       (2) Review of applications.--The Secretary shall review 
     applications from State educational agencies under this 
     subsection as the applications are received.
       (e) State Use of Funds.--Each State educational agency 
     receiving a grant under this subtitle shall--

[[Page S4414]]

       (1) establish a mathematics partnership that will provide 
     guidance to eligible local educational agencies in selecting 
     or developing and implementing appropriate, research-based 
     mathematics programs for middle school and secondary school 
     students;
       (2) use 80 percent of the grant funds received under this 
     subtitle for a fiscal year to approve high-quality 
     applications for subgrants to eligible local educational 
     agencies having applications approved under section 122(a); 
     and
       (3) use 20 percent of the grant funds received under this 
     subtitle--
       (A) to carry out State-level activities described in the 
     application submitted under subsection (d);
       (B) to provide--
       (i) technical assistance to eligible local educational 
     agencies; and
       (ii) high-quality professional development to teachers and 
     mathematics coaches;
       (C) to oversee and evaluate subgrant services and 
     activities undertaken by the eligible local educational 
     agencies as described in section 122(c); and
       (D) for administrative costs,
     of which not more than 10 percent of the grant funds may be 
     used for planning, administration, and reporting.
       (f) Notice to Eligible Local Educational Agencies.--Each 
     State educational agency receiving a grant under this 
     subtitle shall provide notice to all eligible local 
     educational agencies in the State about the availability of 
     subgrants under this subtitle.
       (g) Supplement Not Supplant.--Each State educational agency 
     receiving a grant under this subtitle shall use the grant 
     funds to supplement not supplant State funding for activities 
     authorized under this subtitle or for other educational 
     activities.
       (h) New Services and Activities.--Grant funds provided 
     under this subtitle may be used only to provide services and 
     activities authorized under this subtitle that were not 
     provided on the day before the date of enactment of this Act.

     SEC. 122. SUBGRANTS TO ELIGIBLE LOCAL EDUCATIONAL AGENCIES.

       (a) Application.--
       (1) In general.--Each eligible local educational agency 
     desiring a subgrant under this subtitle shall submit an 
     application to the State educational agency in the form and 
     according to the schedule established by the State 
     educational agency.
       (2) Contents.--In addition to any information required by 
     the State educational agency, each application under 
     paragraph (1) shall demonstrate how the eligible local 
     educational agency will carry out the following required 
     activities:
       (A) Development or selection and implementation of 
     research-based mathematics assessments.
       (B) Development or selection and implementation of 
     research-based mathematics programs, including programs for 
     students with disabilities and students with limited English 
     proficiency.
       (C) Selection of instructional materials based on 
     mathematics research.
       (D) High-quality professional development for mathematics 
     coaches and teachers based on mathematics research.
       (E) Evaluation strategies.
       (F) Reporting.
       (G) Providing access to research-based mathematics 
     materials.
       (3) Consortia.--An eligible local educational agency may 
     apply to the State educational agency for a subgrant as a 
     member of a consortium if each member of the consortium is an 
     eligible local educational agency.
       (b) Award Basis.--
       (1) Minimum subgrant amount.--Each eligible local 
     educational agency receiving a subgrant under this subtitle 
     for a fiscal year shall receive a minimum subgrant amount 
     that bears the same relation to the amount of funds made 
     available to the State educational agency under section 
     121(e)(2) as the amount the eligible local educational agency 
     received under part A of title I of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) for 
     the preceding fiscal year bears to the amount received by all 
     eligible local educational agencies under such part for the 
     preceding fiscal year.
       (2) Sufficient size and scope.--Subgrants under this 
     section shall be of sufficient size and scope to enable 
     eligible local educational agencies to fully implement 
     activities assisted under this subtitle.
       (c) Local Use of Funds.--Each eligible local educational 
     agency receiving a subgrant under this subtitle shall use the 
     subgrant funds to carry out, at the middle school and 
     secondary school level, the following services and 
     activities:
       (1) Hiring mathematics coaches, at a ratio of not less than 
     1 mathematics coach for every 20 teachers, and providing 
     professional development for mathematics coaches--
       (A) to work with classroom teachers to better assess 
     student learning in mathematics;
       (B) to work with classroom teachers to identify students 
     with mathematics problems and, where appropriate, refer 
     students to available programs for remediation and additional 
     services;
       (C) to work with classroom teachers to diagnose and 
     remediate mathematics difficulties of the lowest-performing 
     students, by providing intensive, research-based instruction, 
     including during after school and summer sessions, geared 
     toward ensuring that those students can access and be 
     successful in rigorous academic coursework; and
       (D) to assess and organize student data on mathematics and 
     communicate that data to school administrators to inform 
     school reform efforts.
       (2) Reviewing, analyzing, developing, and, where possible, 
     adapting curricula to make sure mathematics skills are taught 
     within the content area subjects.
       (3) Providing mathematics professional development for all 
     teachers in middle school and secondary school that addresses 
     both remedial and higher level mathematics skills for 
     students in the applicable curriculum.
       (4) Providing professional development for teachers, 
     administrators, and paraprofessionals serving middle schools 
     and secondary schools to help the teachers, administrators, 
     and paraprofessionals meet mathematics needs.
       (5) Procuring and implementing programs and instructional 
     materials based on mathematics research, including software 
     and other education technology related to mathematics 
     instruction.
       (6) Building on and promoting coordination among 
     mathematics programs in the eligible local educational agency 
     to increase overall effectiveness in improving mathematics 
     instruction, including for students with disabilities and 
     students with limited English proficiency.
       (7) Evaluating the effectiveness of the instructional 
     strategies, teacher professional development programs, and 
     other interventions that are implemented under the subgrant.
       (d) Supplement Not Supplant.--Each eligible local 
     educational agency receiving a subgrant under this subtitle 
     shall use the subgrant funds to supplement not supplant the 
     eligible local educational agency funding for activities 
     authorized under this subtitle or for other educational 
     activities.
       (e) New Services and Activities.--Subgrant funds provided 
     under this subtitle may be used only to provide services and 
     activities authorized under this subtitle that were not 
     provided on the day before the date of enactment of this Act.
       (f) Evaluations.--Each eligible local educational agency 
     receiving a grant under this subtitle shall participate, as 
     requested by the State educational agency or the Secretary, 
     in reviews and evaluations of the programs of the eligible 
     local educational agency and the effectiveness of such 
     programs, and shall provide such reports as are requested by 
     the State educational agency and the Secretary.

                     TITLE II--PATHWAYS TO SUCCESS

     SEC. 201. FINDINGS.

       Congress makes the following findings:
       (1) In 2003, approximately 60 percent of students in the 
     poorest communities failed to graduate from secondary school 
     on time.
       (2) All ninth grade students should have a plan that 
     assesses the student's instructional needs and outlines the 
     coursework the student must complete to graduate on time, 
     properly prepared for college and career.
       (3) Research shows that 1 of the most important factors 
     behind student success in secondary school is a close 
     connection with at least 1 adult who demonstrates concern for 
     the student's advancement.
       (4) Secondary school counselors can help students receive 
     the instructional, tutorial, and social supports that 
     contribute to academic success.
       (5) Model programs around the Nation have demonstrated that 
     effective academic and support plans for students, developed 
     by counselors serving as academic coaches, in cooperation 
     with students and parents, result in a higher percentage of 
     students graduating from secondary school well prepared for 
     college study.

     SEC. 202. DEFINITIONS.

       In this title:
       (1) In general.--The terms ``local educational agency'', 
     ``poverty line'', ``secondary school'', ``Secretary'', and 
     ``State educational agency'' have the meaning given the terms 
     in section 9101 of the Elementary and Secondary Education Act 
     of 1965 (20 U.S.C. 7801).
       (2) Academic counselor.--The term ``academic counselor'' 
     means a highly qualified professional who has received 
     professional development appropriate to perform the services 
     described in section 205(c).
       (3) Eligible local educational agency.--The term ``eligible 
     local educational agency'' means a local educational agency 
     who has jurisdiction over not less than 1 secondary school 
     receiving assistance under part A of title I of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6311 et seq.).
       (4) State.--The term ``State'' means each of the 50 States, 
     the District of Columbia, the Commonwealth of Puerto Rico, 
     the United States Virgin Islands, Guam, American Samoa, and 
     the Commonwealth of the Northern Mariana Islands.

     SEC. 203. PROGRAM AUTHORIZED.

       The Secretary is authorized to establish a program, in 
     accordance with the requirements of this title, that--
       (1) enables a secondary school that receives assistance 
     under title I of the Elementary and Secondary Education Act 
     of 1965 (20 U.S.C. 6301 et seq.), to hire a sufficient number 
     of academic counselors, in a ratio of not less than 1 
     counselor to 150 students, to develop personal plans for each 
     student at the school, including students with limited 
     English proficiency;
       (2) involves parents in the development and implementation 
     of the personal plans; and
       (3) provides academic counselors and staff at the schools 
     receiving grants under this

[[Page S4415]]

     title the opportunity to coordinate with other programs and 
     services, including those supported by Federal funds, to 
     ensure that students have access to the resources and 
     services necessary to fulfill the students' personal plans.

     SEC. 204. GRANTS TO STATES.

       (a) Grants Authorized.--From amounts made available under 
     section 206 and not reserved under subsection (i), the 
     Secretary shall award grants, from allotments under 
     subsection (b), to State educational agencies to enable the 
     State educational agencies to provide subgrants to eligible 
     local educational agencies to implement programs in secondary 
     schools in accordance with this title.
       (b) Allotments to States.--
       (1) In general.--From funds appropriated under section 206 
     and not reserved under subsection (i) for a fiscal year, the 
     Secretary shall make an allotment to each State educational 
     agency having an application approved under subsection (d) in 
     an amount that bears the same relation to the funds as the 
     amount the State received under part A of title I of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6311 et seq.) bears to the amount received under such part by 
     all States.
       (2) Minimum allotment.--Notwithstanding paragraph (1), no 
     State educational agency shall receive an allotment under 
     this subsection for a fiscal year in an amount that is less 
     than 0.25 percent of the amount allotted to the State 
     educational agencies under subsection (e)(1) for the fiscal 
     year.
       (3) Ratable reductions.--If the amount appropriated to 
     carry out this title for any fiscal year is less than 
     $2,000,000,000, then the Secretary shall ratably reduce the 
     allotment made to each State educational agency under this 
     subsection in proportion to the relative number of children 
     who are counted under section 1124(c) of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6333(c)), in the 
     State compared to such number for all States.
       (c) Length of Grants.--A grant to a State educational 
     agency under this title shall be awarded for a period of 6 
     years.
       (d) Applications.--In order to receive a grant under this 
     title, a State educational agency shall submit an application 
     to the Secretary in the form and according to the schedule 
     established by the Secretary by regulation.
       (e) State Use of Funds.--Each State educational agency 
     receiving a grant under this title shall use--
       (1) 80 percent of the grant funds to award subgrants to 
     eligible local educational agencies under section 205; and
       (2) 20 percent of the grant funds to provide professional 
     development to academic counselors and technical assistance 
     to local educational agencies, and to pay for administrative 
     costs, of which not more than 10 percent of such 20 percent 
     may be used for planning, administration, and reporting.
       (f) Supplement Not Supplant.--Grant funds provided to State 
     educational agencies under this title shall be used to 
     supplement not supplant funding provided by the State for 
     activities authorized under this title or for other 
     educational activities.
       (g) New Services and Activities.--Grant funds provided 
     under this title may be used only to provide services and 
     activities authorized under this title that were not provided 
     on the day before the date of enactment of this Act.
       (h) Reallotment.--If a State educational agency does not 
     apply for funding under this title, the Secretary shall 
     reallot the State educational agency's allotment to the 
     remaining eligible State educational agencies.
       (i) Reservations.--Of the funds appropriated under section 
     206 for each fiscal year, the Secretary shall reserve--
       (1) 2 percent for the Bureau of Indian Affairs to carry out 
     the authorized activities described in section 205(c); and
       (2) 3 percent for national activities that support the 
     programs assisted under this title, except that the Secretary 
     shall not use such reserved funds to award grants directly to 
     local educational agencies.

     SEC. 205. SUBGRANTS TO ELIGIBLE LOCAL EDUCATIONAL AGENCIES.

       (a) Subgrants Authorized.--From amounts made available 
     under section 204(e)(1), a State educational agency shall 
     award subgrants to eligible local educational agencies having 
     applications approved under subsection (b) to enable the 
     eligible local educational agencies to carry out the 
     authorized activities described in subsection (c).
       (b) Applications.--
       (1) In general.--Each eligible local educational agency 
     desiring a subgrant under this title shall submit an 
     application to the State educational agency in the form and 
     according to the schedule established by the State 
     educational agency. Each such application shall describe how 
     the eligible local educational agency will--
       (A) hire a sufficient number of highly qualified academic 
     counselors to develop personal plans for all students in such 
     students' first year of secondary school, with a ratio of 1 
     academic counselor to not more than 150 students in each 
     secondary school served under the subgrant;
       (B) provide adequate resources to each such school to offer 
     the supplemental and other support services that the 
     implementation of students' personal plans require, and 
     provide such supplemental services, where possible, through 
     coordination with Federal TRIO programs under chapter 1 of 
     subpart 2 of part A of title IV of the Higher Education Act 
     of 1965 (20 U.S.C. 1070a-11 et seq.), Gear Up programs under 
     chapter 2 of such subpart (20 U.S.C. 1070a-21 et seq.), 
     programs under title I of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 6301 et seq.), 21st Century 
     Community Learning Centers under part B of title IV of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7171 et seq.), programs under the Individuals with 
     Disabilities Education Act (20 U.S.C. 1400 et seq.) (in 
     accordance with students' individualized education programs), 
     and programs under the Carl D. Perkins Vocational and 
     Technical Education Act of 1998 (20 U.S.C. 2301 et seq.);
       (C) include parents in the development and implementation 
     of students' personal plans; and
       (D) provide staff at each such school with opportunities 
     for appropriate professional development and coordination to 
     help the staff support students in implementing the students' 
     personal plans.
       (2) Consortia.--An eligible local educational agency may 
     apply to the State educational agency for a subgrant as a 
     consortium, if each member of the consortium is an eligible 
     local educational agency.
       (c) Authorized Activities.--Each eligible local educational 
     agency receiving a subgrant under this title shall use the 
     subgrant funds to provide the following services:
       (1) Hiring academic counselors (at a ratio of not less than 
     1 counselor per 150 students) to develop the 6-year personal 
     plans for all students in such students' first year of 
     secondary school and coordinate the services required to 
     implement such personal plans. Such academic counselors 
     shall--
       (A) work with students and their families to develop an 
     individual plan that will define such students' career and 
     education goals, assure enrollment in the coursework 
     necessary for on-time graduation and preparation for career 
     development or postsecondary education, and identify the 
     courses and supplemental services necessary to meet those 
     goals;
       (B) advocate for students, helping the students to access 
     the services and supports necessary to achieve the goals laid 
     out in the personal plan for the student;
       (C) assure student access to services, both academic and 
     nonacademic, needed to lower barriers to succeed as needed;
       (D) assess student progress on a regular basis;
       (E) work with school and eligible local educational agency 
     administrators to promote reforms based on student needs and 
     performance data;
       (F) involve parents or caregivers, including those parents 
     or caregivers who are limited English proficient, and 
     teachers, in the development of students' personal plans to 
     ensure the support and assistance of the parents, caregivers, 
     and teachers in meeting the goals outlined in such personal 
     plans; and
       (G) communicate to students and their families the 
     importance of implementing the 2 years of the personal plan 
     following secondary school graduation, and work with 
     institutions of higher education to help students transition 
     successfully and fully implement the students' personal 
     plans.
       (2) Determining the academic needs of all students entering 
     grade 9 and identifying barriers to success.
       (3) Ensuring availability of the services necessary for the 
     implementation of students' personal plans, including access 
     to a college preparatory curriculum and advanced placement or 
     international baccalaureate courses.
       (4) Where appropriate, modifying the curriculum at a 
     secondary school receiving subgrant funds under this title to 
     address the instructional requirements of students' personal 
     plans.
       (5) Providing for the ongoing assessment of students for 
     whom personal plans have been developed and modifying such 
     personal plans as necessary.
       (6) Coordinating the services offered with subgrant funds 
     received under this title with other Federal, State, and 
     local funds, including programs authorized under title I of 
     the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6301 et seq.), sections 402A and 404A of the Higher Education 
     Act of 1965 (20 U.S.C. 1070a-11 and 1070a-21), the 
     Individuals with Disabilities Education Act (20 U.S.C. 1400 
     et seq.) (in accordance with students' individualized 
     education programs), and the Carl D. Perkins Vocational and 
     Technical Education Act of 1998 (20 U.S.C. 2301 et seq.).
       (d) Eligible Local Educational Agency Priority.--In 
     awarding subgrants to eligible local educational agencies, a 
     State educational agency shall give priority to eligible 
     local educational agencies with--
       (1) the largest number or percentage of students in grades 
     6 through 12 reading below grade level; or
       (2) the lowest graduation rates as described in section 
     1111(b)(2)(C)(vi) of the Elementary and Secondary Education 
     Act of 1965 (20 U.S.C. 6311(b)(2)(C)(vi)).
       (e) School Priority.--In awarding subgrant funds to 
     secondary schools, an eligible local educational agency shall 
     give priority to secondary schools that--
       (1) have the highest percentages or numbers of students in 
     grades 6 through 12 reading below grade level;
       (2) have the highest percentages or numbers of children 
     living below the poverty line according to census figures; or

[[Page S4416]]

       (3) have the lowest graduation rates as described in 
     section 1111(b)(2)(C)(vi) of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 6311(b)(2)(C)(vi)).
       (f) Minimum Subgrant Amount.--Each eligible local 
     educational agency receiving a subgrant under this title for 
     a fiscal year shall receive a minimum subgrant amount that 
     bears the same relation to the amount of funds made available 
     to the State educational agency under section 204(e)(1) as 
     the amount the eligible local educational agency received 
     under part A of title I of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 6311 et seq.) for the 
     preceding fiscal year bears to the amount received by all 
     eligible local educational agencies in the State under such 
     part for the preceding fiscal year.
       (g) Sufficient Size and Scope.--Subgrants under this 
     section shall be of sufficient size and scope to enable 
     eligible local educational agencies to fully implement 
     activities assisted under this title.
       (h) Supplement Not Supplant.--Each eligible local 
     educational agency receiving a subgrant under this section 
     shall use the subgrant funds to supplement not supplant 
     funding for activities authorized under this title or for 
     other educational activities.
       (i) New Services and Activities.--Subgrant funds provided 
     under this section may be used only to provide services and 
     activities authorized under this section that were not 
     provided on the day before the date of enactment of this Act.

     SEC. 206. AUTHORIZATION OF APPROPRIATIONS.

       For the purposes of carrying out this title, there are 
     authorized to be appropriated $2,000,000,000 for fiscal year 
     2006 and such sums as may be necessary for each of the 5 
     succeeding fiscal years.

           TITLE III--FOSTERING SUCCESSFUL SECONDARY SCHOOLS

     SEC. 301. FINDINGS.

       Congress makes the following findings:
       (1) Personalization of the school environment has been 
     proven to be an essential factor in helping low-performing 
     secondary school students succeed.
       (2) Effective schools provide ongoing, high-quality 
     professional development for teachers and administrators to 
     improve instruction.
       (3) Student success is dependent upon alignment of 
     curriculum, instruction, and assessment.
       (4) Successful schools adapt instruction to the unique 
     interests and talents of each student.
       (5) Successful schools have high expectations for all 
     students and offer a rigorous curriculum for the entire 
     student body.
       (6) Ongoing assessment is the best way to measure how each 
     student is learning and responding to the teacher's 
     instructional methods.
       (7) Effective secondary schools have access to, and 
     utilize, data related to student performance prior to, and 
     following, secondary school enrollment.
       (8) Despite significant increases to the program, only 
     about 7 percent of funding for title I of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) goes 
     to secondary schools.
       (9) Every year, 1,300,000 students do not graduate with 
     their peers, which means every school day, our Nation loses 
     7,000 students.
       (10) Nationally, of 100 ninth-graders, only 68 will 
     graduate from high school on time, only 38 will directly 
     enter college, only 26 will still be enrolled for the 
     sophomore year, and only 18 will end up graduating from 
     college. The numbers for minority students are even lower.
       (11) Even secondary school graduates going on to college 
     are struggling with basic literacy skills, with 40 percent of 
     all 4-year college students taking a remedial course and 63 
     percent of all community college students assigned to at 
     least 1 remedial course.

     SEC. 302. PURPOSES.

       It is the purpose of this title to implement research-based 
     programs, practices, and models that will improve student 
     achievement in low performing secondary schools.

     SEC. 303. DEFINITIONS.

       In this title:
       (1) In general.--The terms ``institution of higher 
     education'', ``local educational agency'', ``secondary 
     school'', ``Secretary'', and ``State educational agency'' 
     have the meanings given the terms in section 9101 of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7801).
       (2) Eligible local educational agency.--The term ``eligible 
     local educational agency'' means a local educational agency 
     that has jurisdiction over not less than 1 eligible secondary 
     school.
       (3) Eligible partnership.--The term ``eligible 
     partnership'' means--
       (A) an eligible local educational agency in partnership 
     with a regional educational laboratory, an institution of 
     higher education, or another nonprofit institution with 
     significant experience in implementing and evaluating 
     education reforms; or
       (B) a consortium of eligible secondary schools or eligible 
     local educational agencies, each of which is an eligible 
     entity described in subparagraph (A).
       (4) Eligible secondary school.--The term ``eligible 
     secondary school'' means a secondary school identified for 
     school improvement under section 1116(b) of the Elementary 
     and Secondary Education Act of 1965 (20 U.S.C. 6316(b)), as 
     of the day preceding the date of enactment of the Pathways 
     for All Students to Succeed Act.
       (5) State.--The term ``State'' means each of the several 
     States of the United States, the District of Columbia, the 
     Commonwealth of Puerto Rico, the United States Virgin 
     Islands, Guam, American Samoa, and the Commonwealth of the 
     Northern Mariana Islands.

     SEC. 304. PROGRAM AUTHORIZED; AUTHORIZATION OF 
                   APPROPRIATIONS.

       (a) Program Authorized.--The Secretary is authorized to 
     award grants to State educational agencies, from allotments 
     under section 305(b), to enable the State educational 
     agencies to award subgrants to eligible local educational 
     agencies, from allocations under section 305(c)(2), to 
     promote secondary school improvement and student achievement.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this title $500,000,000 for 
     fiscal year 2006 and such sums as may be necessary for each 
     of the 5 succeeding fiscal years.

     SEC. 305. RESERVATIONS, STATE ALLOTMENTS, AND LOCAL 
                   ALLOCATIONS.

       (a) Reservations.--From funds appropriated under section 
     304(b) for a fiscal year the Secretary shall reserve--
       (1) 2 percent for schools funded or supported by the Bureau 
     of Indian Affairs to carry out the purposes of this title for 
     Indian children;
       (2) 3 percent to carry out national activities in support 
     of the purposes of this title; and
       (3) 95 percent for allotment to the States in accordance 
     with subsection (b).
       (b) Allotment to States.--
       (1) In general.--From funds reserved under subsection 
     (a)(3) for a fiscal year, the Secretary shall make an 
     allotment to each State educational agency in an amount that 
     bears the same relationship to the funds as the number of 
     schools in that State that have been identified for school 
     improvement under section 1116(b) of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6316(b)), bears to 
     the number of schools in all States that have been identified 
     for school improvement under such section 1116(b).
       (2) Reallotment.--The portion of any State educational 
     agency's allotment that is not used by the State educational 
     agency shall be reallotted among the remaining State 
     educational agencies on the same basis as the original 
     allotments were made under paragraph (1).
       (c) Allocations to Eligible Local Educational Agencies.--
       (1) Reservations.--Each State educational agency receiving 
     a grant under this title shall reserve--
       (A) not more than 10 percent of the grant funds--
       (i) for State-level activities to provide high-quality 
     professional development and technical assistance to local 
     educational agencies receiving funds under this title and to 
     other local educational agencies as appropriate, including 
     the dissemination and implementation of research-based 
     programs, practices, and models for secondary school 
     improvement; and
       (ii) to contract for the evaluation of all programs and 
     activities in the State that are assisted under this title; 
     and
       (B) not less than 90 percent of the grant funds to award 
     subgrants to eligible local educational agencies to enable 
     the eligible local educational agencies to carry out the 
     activities described in section 306.
       (2) Local allocation.--From funds reserved under paragraph 
     (1)(B), the State educational agency shall allocate to each 
     eligible local educational agency in the State an amount that 
     bears the same relation to such funds as the number of 
     secondary schools that have been identified for school 
     improvement under section 1116(b) of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6316(b)), that are 
     served by the eligible local educational agency, bears to the 
     number of such schools served by all eligible local 
     educational agencies in the State.

     SEC. 306. LOCAL USES OF FUNDS.

       Each eligible local educational agency receiving a subgrant 
     under this title shall use the subgrant funds for activities 
     to improve secondary schools that have been identified for 
     school improvement under section 1116(b) of the Elementary 
     and Secondary Education Act of 1965 (20 U.S.C. 6316(b)), such 
     as--
       (1) developing and implementing research-based programs or 
     models that have been shown to raise achievement among 
     secondary school students, including smaller learning 
     communities, adolescent literacy programs, block scheduling, 
     whole school reforms, individualized learning plans, 
     personalized learning environments, and strategies to target 
     students making the transition from middle school to 
     secondary school;
       (2) promoting community investment in school quality by 
     engaging parents, businesses, and community-based 
     organizations in the development of reform plans for eligible 
     secondary schools;
       (3) researching, developing, and implementing a school 
     district strategy to create smaller learning communities for 
     secondary school students, both by creating smaller learning 
     communities within existing secondary schools, and by 
     developing new, smaller, and more personalized secondary 
     schools;
       (4) providing professional development for school staff in 
     research-based practices, such as interactive instructional 
     strategies and opportunities to connect learning with 
     experience; and

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       (5) providing professional development and leadership 
     training for principals and other school leaders in the best 
     practices of instructional leadership and implementing school 
     reforms to raise student achievement.

     SEC. 307. APPLICATIONS.

       (a) States.--Each State educational agency desiring a grant 
     under this title shall submit to the Secretary an application 
     at such time, in such manner, and containing such information 
     as the Secretary may require to ensure compliance with the 
     requirements of this title.
       (b) Eligible Local Educational Agencies.--Each eligible 
     local educational agency desiring a subgrant under this title 
     shall submit to the State educational agency an application 
     at such time, in such manner, and containing such information 
     as the State educational agency may require to ensure 
     compliance with the requirements of this title. Each such 
     application shall describe how the eligible local educational 
     agency will form an eligible partnership to carry out the 
     activities assisted under this title.

     SEC. 308. EVALUATIONS.

       In cooperation with the State educational agencies 
     receiving funds under this title, the Secretary shall 
     undertake or contract for a rigorous evaluation of the 
     effectiveness and success of activities conducted under this 
     title.

                        TITLE IV--DATA CAPACITY

     SEC. 401. GRANTS FOR INCREASING DATA CAPACITY FOR PURPOSES OF 
                   ASSESSMENT AND ACCOUNTABILITY.

       (a) Program Authorized.--From funds appropriated under 
     subsection (e) for a fiscal year, the Secretary may award 
     grants, on a competitive basis, to State educational agencies 
     to enable the State educational agencies to develop or 
     increase the capacity of data systems for assessment and 
     accountability purposes, including the collection of 
     graduation rates.
       (b) Application.--Each State educational agency desiring a 
     grant under this section shall submit an application to the 
     Secretary at such time, in such manner, and containing such 
     information as the Secretary may require.
       (c) Use of Funds.--Each State educational agency that 
     receives a grant under this section shall use the grant funds 
     for the purpose of--
       (1) increasing the capacity of, or creating, State 
     databases to collect, disaggregate, and report information 
     related to student achievement, enrollment, and graduation 
     rates for assessment and accountability purposes; and
       (2) reporting, on an annual basis, for the elementary 
     schools and secondary schools within the State, on--
       (A) the enrollment data from the beginning of the academic 
     year;
       (B) the enrollment data from the end of the academic year; 
     and
       (C) the twelfth grade graduation rates.
       (d) Definitions.--In this section:
       (1) Graduation rate.--The term ``graduation rate'' means 
     the percentage that--
       (A) the total number of students who--
       (i) graduate from a secondary school with a regular diploma 
     (which shall not include the recognized equivalent of a 
     secondary school diploma or an alternative degree) in an 
     academic year; and
       (ii) graduated on time by progressing 1 grade per academic 
     year; represents of
       (B) the total number of students who entered the secondary 
     school in the entry level academic year applicable to the 
     graduating students.
       (2) State educational agency.--The term ``State educational 
     agency'' has the meaning given such term in section 9101 of 
     the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7801).
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of Education.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section $50,000,000 for 
     fiscal year 2006, and such sums as may be necessary for each 
     of the 2 succeeding fiscal years.

  Mr. DURBIN. Mr. President, I am pleased to support the introduction 
today, along with my colleagues Senators Clinton and Kennedy, of 
Senator Murray's bill to improve America's high schools.
  We have all heard a lot of talk these days about the need to improve 
America's high schools. Bill Gates makes the point that the academic 
caliber of our high school graduates is one of the greatest factors in 
our country's ability to innovate and to compete internationally in 
technological advancements. The CEO of Intel, Craig Barrett, tells the 
story of the how U.S. students are eclipsed in the international 
science competition his firm sponsors. University presidents I meet 
with talk about the strain that remedial education for incoming 
freshmen places on the school's faculty and budgets.
  The President's budget this year includes his high school initiative, 
which proposes to redirect money to high schools. There's a big catch, 
though. The President says that to fund his high school initiative we 
need to eliminate one of our most effective education programs for high 
schools, technical schools and colleges--Perkins Vocational and 
Technical Education grants.
  There is a better way. The Pathways for All Students to Success 
(PASS) Act provides the resources schools need to sharpen the focus on 
literacy and math--skills critical to success in the workforce or in 
post-secondary studies. High schools can employ literacy and math 
coaches to help support and supplement the teachers in traditional 
classrooms. The legislation also allows for additional academic 
counseling, to provide that targeted, individualized assistance that 
many students need to achieve proficiency in key academic areas.
  The PASS Act also provides funding that allows schools not meeting 
national standards to implement proven, comprehensive school reform to 
help students learn. Finally, current data on high school graduation 
rates is incomplete, inconsistent and often inaccurate. That makes it 
harder for schools to know which populations of students are most in 
need of additional attention. This legislation provides funding for 
school systems to collect, disaggregate and report accurate graduation 
rates.
  Now is the time to strengthen our high schools. Expectations in the 
workplace and on post-secondary campuses are higher than ever for high 
school graduates. The PASS Act supports students working toward high 
school graduation, enhancing their pathway to success.
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