[Congressional Record Volume 152, Number 109 (Thursday, September 7, 2006)]
[Senate]
[Pages S9124-S9126]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. MARTINEZ (for himself and Mr. Cornyn):
  S. 3864. A bill to amend part A of title I of the Elementary and 
Secondary Education Act of 1965 to improve supplemental educational 
services, and for other purposes; to the Committee on Health, 
Education, Labor, and Pensions.
  Mr. MARTINEZ. Mr. President, today I rise to discuss a topic that 
will always have incredible meaning to American families: educating our 
children. We all want what is best for our children, and we all want to 
make sure that we provide them with the tools that they need to succeed 
in tomorrow's workforce.
  While there are many different components to our education system 
here in America, today I want to concentrate on a particular point of 
concern, an area where, with some improvement, can be a key tool 
ensuring that our children are meeting their educational goals.
  Today, along with Senator John Cornyn of Texas, I rise to introduce 
the Raising Achievement through Improving Supplemental Education Act of 
2006--or the RAISE Act for short.
  The RAISE Act seeks to improve the Supplemental Educational Services, 
SES, program and clears the way for this program to become well-known, 
widely available, and easily accessible to eligible students.
  It seeks to broaden eligibility requirements and prioritization of 
the program, and to target all low-performing students regardless of 
income status.
  Let me take a step back and talk about the Supplemental Education 
Service program, or SES program, for those who might not be familiar 
with it.
  SES was implemented as part of No Child Left Behind and designed to 
be an innovative tool to help meet the academic needs of low-income 
students attending continuously failing schools.
  The No Child Left Behind Act requires school districts to utilize 20 
percent of their Federal funds for after-school tutoring programs at 
consistently failing schools.
  Under this program, low-income parents can choose free private 
tutoring from the provider of their choice. School districts then use 
their 20 percent allocation to pay the providers for their tutoring 
services. Any part of these funds that are not used for tutoring can be 
transferred into other district programs.
  By providing direct tutoring after school, the SES program can help 
students who are behind catch up with their peers. This in turn also 
improves the overall school performance.
  While the intent of the SES program has been pure, there have been 
numerous shortfalls nationwide--these shortfalls have much to do with a 
lack of implementation which the RAISE Act would seek to correct.
  For example, in the 2003-2004 school year, only 17 percent of the 
eligible 1.4 million students participated in SES programs. That means 
that hundreds of thousands of children are not being provided with 
tutoring help where funding has already been set aside for that 
purpose.
  Some parents reported that they did not sign up because they lacked 
the transportation to get their students to the providers, the 
providers were not tutoring on-site at the schools. Also, there were 
some conflicts with other, better established after-school programs.
  States have reported that many school districts with low turnout have 
failed to communicate with parents or implement the program in a way 
that ensures its success. The reports further indicate that some of the 
districts have openly undermined the program in letters to parents.
  In my own State of Florida for instance, one county sent a letter 
home to parents this past April about the SES services that would be 
provided for the current school year that sent quite a mixed signal.
  The letter stated that although parents might be able to secure SES 
program assistance for their children, the district believed that the 
funds could be better spent elsewhere and went as far to, quote 
unquote, ``strongly urge parents'' not to utilize their SES and school 
choice options under No Child Left Behind.
  So, what we are seeing is that with all the good intentions behind 
the SES program, we are having some problems with implementation.
  In Florida, we have already implemented SES improvements. As a 
result, Florida will see a higher SES program success rate, stronger 
guidelines, and better State oversight.
  Many of the provisions of the RAISE Act are modeled after the 
successes already occurring in my home State.
  In our school districts where SES programs are thriving, good 
communication with both parents and providers has been emphasized, as 
well as access to on-site tutoring at school facilities.
  One prominent Florida-based example is the SES program in Marion 
County, located in central Florida. Schools there have utilized all 
their funds to maximize student enrollment, which also increases the 
program's chances of greater overall success.
  Other good examples of SES program progress include Escambia County, 
Florida, where the city of Pensacola is located--to best utilize their 
SES dollars, they hosted a successful summer tutoring program.
  School Districts in the Palm Beach and Miami-Dade areas have SES 
programs that bode well on a national level for the strong parental 
outreach efforts they have instituted, which enable all eligible 
students the ability to enroll in SES.
  In Hillsborough County, FL--where Tampa is located--their success 
with SES enrollment brought the U.S. Department of Education to grant 
the district a special provision, whereby they can provide SES tutoring 
in addition to the private providers that most of the money is 
allocated for.
  This will allow Hillsborough County to make SES available to more 
students, and I look forward to seeing what their efforts bring.
  The RAISE Act will help make possible nationwide the kind of SES 
program success we have experienced in Florida. This success will come 
about because of stricter implementation standards and program 
overview.
  Another important component of the RAISE Act is eligibility for SES. 
Currently, SES targets low-income, low-performing students.
  I think we should be targeting all low-performing students, 
regardless of income status.
  By overlooking many middle-class families who do not have the money 
to put their children into private tutoring or after-school programs, 
many of those children are falling through the cracks.
  This bill is meant to ensure that all of our low-performing students 
have an opportunity to succeed academically.
  We are going to help out those in need such as Ms. Carla Garcia of 
Gibsonton, FL--a part of Hillsborough County. She is a single mother 
struggling to provide her family with the basics.
  She does not qualify for the low-income programs at her school, so 
her

[[Page S9125]]

son is not currently eligible for SES services even though he is 
falling behind academically.
  Ms. Garcia strongly believes that if her son was able to receive 
tutoring under SES, he would be better able to excel and perform at 
grade level.
  Under the RAISE Act, Ms. Garcia would be able to receive SES services 
for her son--as would many other parents for their children--because my 
bill would make SES tutoring available to all students who are 
struggling to meet grade level proficiency.
  The RAISE Act aims to make sure that every child in the school yard 
has an equal opportunity at scholastic growth and advancement.
  So, to summarize: The RAISE Act will require better parental 
notification of eligibility and program availability; we streamline the 
application and registration process; and we level the playing field--
making school facilities as available for tutoring as they are for 
other after-school activities.
  The RAISE Act will broaden eligibility requirements and 
prioritization. Right now SES targets low-income, low-performing 
students; I think we ought to target all low-performing students, 
regardless of income status.
  In Florida, we have already implemented SES improvements. As a 
result, Florida's SES program has stronger guidelines and better State 
oversight. Many of the provisions of the RAISE Act are modeled after 
the successes already occurring in the state of Florida.
  The RAISE Act will provide the guidance and tools states and school 
districts need to increase participation and produce results. Stronger 
coordination, communication, and guidance will make SES programs more 
effective.
  The RAISE Act will help raise the success of all students, in turn 
raising the academic achievement of our schools. The Act was developed 
in consultation with school administrators, state education officials, 
and non-profit and research groups. This is a nationwide imperative and 
I urge my colleagues to support this innovative set of reforms.
  Let us continue to make improvements to the success that is No Child 
Left Behind, by providing the necessary funding, regulation, and 
implementation of Supplemental Educational Services across this great 
land.
  Together, we can make the RAISE Act a reality and improve the 
academic lives of countless American schoolchildren.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3864

       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 ``Raising Achievement through 
     Improving Supplemental Education Act of 2006'' or the ``RAISE 
     Act''.

     SEC. 2. REFERENCES.

       Except as otherwise expressly provided, whenever in this 
     Act an amendment or repeal is expressed in terms of an 
     amendment to, or a repeal of, a section or other provision, 
     the reference shall be considered to be made to a section or 
     other provision of the Elementary and Secondary Education Act 
     of 1965 (20 U.S.C. 6301 et seq.).

     SEC. 3. SUPPLEMENTAL EDUCATIONAL SERVICES AFTER THE FIRST 
                   YEAR OF IDENTIFICATION FOR SCHOOL IMPROVEMENT.

       Section 1116 (20 U.S.C. 6316) is amended--
       (1) in subsection (b)--
       (A) in paragraph (1), by adding at the end the following:
       ``(G) Supplemental educational services.--In the case of a 
     school identified for school improvement under this 
     paragraph, the local educational agency shall make 
     supplemental educational services available consistent with 
     subsection (e)(1).''; and
       (B) in paragraph (5)(B), by inserting ``continue to'' after 
     ``shall''; and
       (2) in subsection (e)(1), by inserting ``(1),'' after ``in 
     paragraph''.

     SEC. 4. PRIORITIZING FUNDS.

       Section 1116(b)(10)(C) (20 U.S.C. 6316(b)(10)(C)) is 
     amended--
       (1) by striking ``funds.--If'' and inserting ``funds.--
       ``(i) Priority.--Subject to clause (ii), if'';
       (2) by striking ``local educational agency shall give 
     priority'' and all that follows through the period at the end 
     and inserting ``local educational agency shall give 
     priority--

       ``(I) first, to eligible children who are low-income and 
     low-performing, as described in clauses (i) and (ii) of 
     subsection (e)(13)(A);
       ``(II) second, to low-performing eligible children; and
       ``(III) third, to low-income eligible children.''; and

       (3) by adding at the end the following:
       ``(ii) Documentation.--A local educational agency may only 
     prioritize in accordance with clause (i) after the local 
     educational agency makes available to the State educational 
     agency documentation providing clear and convincing evidence 
     that the funds available to provide supplemental educational 
     services under subsection (e) are insufficient to meet the 
     actual demand by parents of eligible children for the 
     services, as demonstrated by satisfying the requirements of 
     paragraph (2).''.

     SEC. 5. LOCAL EDUCATIONAL AGENCY RESPONSIBILITIES.

       Section 1116(e)(2) (20 U.S.C. 6316(e)(2)) is amended--
       (1) in subparagraph (A), by striking ``at a minimum, 
     annual'' and inserting ``at a minimum, at the times specified 
     under subparagraph (B)(i),'';
       (2) by redesignating subparagraphs (B), (C), and (D) as 
     subparagraphs (E), (F), and (H), respectively;
       (3) by inserting after subparagraph (A) the following:
       ``(B) establish a streamlined opportunity for eligible 
     children to acquire supplemental educational services under 
     this subsection, which shall include--
       ``(i) notifying eligible children served by the local 
     educational agency and their parents of the child's 
     eligibility for supplemental educational services--

       ``(I) not later than 30 days after the local educational 
     agency obtains data from the State educational agency 
     indicating that the school serving the child is identified 
     for school improvement under section 1116(b)(1);
       ``(II) not later than 30 days after the first day of 
     classes at the school for a school year; and
       ``(III) not later than 30 days before requesting the 
     reallocation of unused funds reserved for supplemental 
     educational services under subsection (b)(10)(A);

       ``(ii) holding not less than 2 opportunities for parents of 
     eligible children to register and select a provider 
     simultaneously through the one-step process described in 
     subparagraph (C); and
       ``(iii) using, as the application for supplemental 
     educational services under this section, the State 
     application developed under paragraph (4)(F);
       ``(C) create a streamlined, one-step parent registration 
     and provider selection process that--
       ``(i) does not place an undue burden on parents that may 
     result in the decreased participation of eligible children in 
     supplemental educational services under this subsection;
       ``(ii) provides notice to the parents of the process for 
     receiving supplemental educational services under this 
     subsection;
       ``(iii) obtains the parent's permission to release 
     assessment data regarding the eligible child to the provider 
     selected by the parent;
       ``(iv) is as simple as possible and is in the parent's 
     native language, where possible; and
       ``(v) provides each provider with the names and contact 
     information of the eligible children whose parents have 
     selected the provider for such services in a timely manner;
       ``(D) make every effort, in carrying out the duties of the 
     local educational agency under this paragraph--
       ``(i) to increase the participation of eligible children in 
     supplemental educational services under this subsection; and
       ``(ii) to fully utilize the funds available under 
     subsection (b)(10)(A)(ii) for providing such services to 
     eligible children;'';
       (4) in subparagraph (F) (as redesignated by paragraph (2)), 
     by striking ``; and'' and inserting ``, based on the 
     priorities described in subsection (b)(10)(C)(i);''; and
       (5) by inserting after subparagraph (F) (as redesignated by 
     paragraph (2)) the following:
       ``(G) provide approved providers with access to school 
     facilities on the same basis as other after-school and extra-
     curricular programs (including programs operated or overseen 
     by the local educational agency) seeking access to the school 
     facility; and''.

     SEC. 6. PROVIDER AND LEA AGREEMENT.

       Section 1116(e)(3) (20 U.S.C. 6316(e)(3)) is amended--
       (1) by redesignating subparagraphs (A) through (E) as 
     subparagraphs (B) through (F), respectively;
       (2) in the matter preceding subparagraph (B) (as 
     redesignated by paragraph (1)), by striking ``In the case'' 
     and all that follows through ``Such agreement shall--'' and 
     inserting ``In the case of an approved provider selected by a 
     parent, the local educational agency shall enter into a 
     written agreement with such provider, not later than 45 days 
     after the first day of the school year or 45 days after the 
     selection by the parent, whichever occurs later. Such 
     agreement shall--
       ``(A) require that the provider be available to begin 
     providing supplemental educational services under this 
     subsection not later than 20 days after both parties receive 
     the names and contact information described in paragraph 
     (2)(C)(v);''; and
       (3) in subparagraph (B) (as redesignated by paragraph 
     (1))--
       (A) by striking ``local educational agency'' and inserting 
     ``provider''; and

[[Page S9126]]

       (B) by striking ``the provider chosen by the parents'' and 
     inserting ``the local educational agency''.

     SEC. 7. STATE EDUCATIONAL AGENCY RESPONSIBILITIES.

       Section 1116(e)(4) (20 U.S.C. 6316(e)(4)) is amended--
       (1) in subparagraph (E)--
       (A) by striking the period and inserting a semicolon; and
       (B) by redesignating subparagraph (E) as subparagraph (F);
       (2) in subparagraph (D)--
       (A) by striking ``and'' after the semicolon; and
       (B) by redesignating subparagraph (D) as subparagraph (G) 
     and moving the subparagraph so that the subparagraph follows 
     subparagraph (F) (as redesignated by paragraph (1)(B));
       (3) by inserting after subparagraph (C) the following:
       ``(D) notify each local educational agency within the State 
     that is required to provide supplemental educational services 
     under this subsection for a school year not later than the 
     June 1st preceding the commencement of the school year, or if 
     the June 1st deadline is not possible, with as much advance 
     notice before the first day of the school year as possible;
       ``(E) include on the State educational agency's Internet 
     website a standard, downloadable application form for local 
     educational agencies and parents to utilize in applying for 
     and providing supplemental educational services under this 
     subsection;''; and
       (4) by adding at the end the following:
       ``(H) provide a valid and reliable evaluation of providers 
     that--
       ``(i) is consistent with relevant, nationally-recognized 
     professional and technical standards;
       ``(ii) records the gains of individual students by showing 
     improvement attributable per hour of supplemental educational 
     services instruction under this subsection (especially for 
     students whose academic achievement level is several grades 
     below grade level);
       ``(iii) isolates the effects of supplemental educational 
     services under this subsection from other possible variables 
     that might affect a student's academic achievement;
       ``(iv) coordinates the collection of qualitative data on 
     parental satisfaction with the supplemental educational 
     services of the provider under this subsection, and the 
     reasons for such level of satisfaction; and
       ``(v) may exclude from the evaluation those students who 
     attend less than 80 percent of the total hours of 
     supplemental educational services scheduled for the student;
       ``(I) establish safeguards against potential conflicts of 
     interest when a local educational agency applies to be, or 
     becomes, a provider of supplemental educational services 
     under this subsection, and provide monitoring and evaluation 
     of the local educational agency's performance as a provider; 
     and
       ``(J) prohibit local educational agencies from 
     reprogramming any portion of the supplemental educational 
     services funds described in subsection (b)(10)(A)(ii) for a 
     fiscal year for other purposes, unless the local educational 
     agency provides to the State educational agency clear and 
     convincing evidence, as determined by the State educational 
     agency, that--
       ``(i) the parents of all eligible children in schools 
     served by the local educational agency have been notified in 
     good faith of the availability of supplemental educational 
     services under this subsection;
       ``(ii) the local educational agency is meeting all actual 
     demand from parents for supplemental educational services 
     under this subsection, as determined by whether the local 
     educational agency has opened enrollment for supplemental 
     educational services under this section, on a monthly basis, 
     after the initial enrollment, to parents of all eligible 
     children without restriction until all funds available to 
     provide supplemental educational services under subsection 
     (b)(10)(A)(ii) are expended; and
       ``(iii) the local educational agency is able to meet any 
     likely future demand for supplemental educational services 
     for the school year for which the determination is made.''.

     SEC. 8. CRITERIA FOR PROVIDERS.

       Section 1116(e)(5) (20 U.S.C. 6316(e)(5)) is amended--
       (1) by redesignating subparagraphs (C) and (D) as 
     subparagraphs (E) and (F), respectively; and
       (2) by inserting after subparagraph (B) the following:
       ``(C) Offer no incentives for the purpose of enticing 
     eligible children or their parents to select the provider for 
     supplemental educational services under this subsection.
       ``(D) Offer an incentive to an eligible child only if--
       ``(i) the purpose of the incentive is to encourage the 
     eligible child's performance or attendance; and
       ``(ii) the value of the incentive is not more than 5 
     percent of the per-pupil amount for supplemental educational 
     services described in paragraph (6)(A), as calculated for the 
     local educational agency serving the student.''.

     SEC. 9. SPECIAL RULE FOR INEFFECTIVE LEA'S.

       Section 1116(e)(11) (20 U.S.C. 6316(e)(11)) is amended--
       (1) by striking ``rule.--If'' and inserting ``rules.--
       ``(A) State educational agency role.--If''; and
       (2) by adding at the end the following:
       ``(B) Local educational agency role.--
       ``(i) In general.--If a State educational agency determines 
     that the local educational agency is not able, or is too 
     unreliable, to carry out the local educational agency's 
     responsibilities under paragraph (2), or if there is a 
     conflict of interest due to the local educational agency 
     becoming a provider, the State educational agency may, from 
     amounts described in clause (ii), enter into a contract or 
     cooperative agreement with a nonprofit organization to enable 
     the nonprofit organization to carry out such responsibilities 
     with respect to the eligible children served by the local 
     educational agency.
       ``(ii) Reallocation of funds.--

       ``(I) In general.--In order to carry out clause (i) with 
     respect to a local educational agency, the State educational 
     agency shall reserve and utilize, from the funds allocated to 
     the local educational agency under subpart 2, an amount equal 
     to fifteen percent of such funds.
       ``(II) Administrative costs.--A total of not more than 5 
     percent of the reserved amount described in subclause (I) may 
     be used for the administrative costs of the State educational 
     agency and the nonprofit organization.
       ``(III) Interaction with reserved funds.--In calculating 
     the amount spent by a local educational agency for the 
     purposes of subsection (b)(10), the amounts spent on behalf 
     of a local educational agency under this subparagraph shall 
     be included.''.

     SEC. 10. DEFINITION OF ELIGIBLE CHILD.

       Section 1116(e)(12)(A) (20 U.S.C. 6316(e)(12)(A)) is 
     amended to read as follows:
       ``(A) the term `eligible child' means a child--
       ``(i) from a low-income family, as determined by the local 
     educational agency for purposes of allocating funds to 
     schools under section 1113(c)(1); or
       ``(ii) who is low-performing, as demonstrated by a score of 
     below proficient in a required subject on the State student 
     academic assessment, as described in section 1111(b)(3)(A), 
     for the previous school year.''.

     SEC. 11. COORDINATION OF SUPPLEMENTAL EDUCATIONAL SERVICES 
                   WITH AFTER-SCHOOL CARE.

       Section 1116(e) of the Elementary and Secondary Education 
     Act of 1965 (20 U.S.C. 6316(e)) is further amended--
       (1) by redesignating paragraph (12) (as amended by section 
     10) as paragraph (13); and
       (2) by inserting after paragraph (11) the following:
       ``(12) Coordination with after-school programs.--The 
     Secretary shall develop, and provide guidance on the 
     implementation of, a model program for coordinating the 
     provision of supplemental educational services under this 
     subsection with the 21st century learning centers assisted 
     under part B of title IV.''.
                                 ______