[Congressional Record Volume 155, Number 56 (Thursday, April 2, 2009)]
[Senate]
[Pages S4349-S4355]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. Bingaman:
  S. 804. A bill to amend subpart 2 of part A of title I of the 
Elementary and Secondary Education Act of 1965 to establish incentives 
for States to extend the minimum length of the school year to 200 full 
days by 2014, and for other purposes; to the Committee on Health, 
Education, Labor, and Pensions.
  Mr. BINGAMAN. Mr. President, I rise today to introduce the School Day 
Factor Act of 2009.
  This bill would encourage States to provide students with the time 
they need to master knowledge and skills they will need to succeed in 
the 21st century, and to provide teachers with sufficient time to 
deliver effective instruction.
  Twenty-first century learners, and their teachers, are faced with 
educational demands that simply did not exist decades ago. Right now, 
our economy is struggling. But we have a plan to get it back on track 
by investing aggressively in scientific R&D, and the deployment of new 
technologies. If we are to maintain and increase our Nation's 
competitiveness in the global economy for decades to come, we must 
allow every child the opportunity for a quality 21st century education. 
Today's students need to master mathematics, science, and technology, 
language arts and social studies, and they must also have opportunities 
to study foreign languages, the arts, and physical education. No one of 
these subject areas should be sacrificed at the expense of another. But 
that is the choices that teachers and students are faced with in 
schools across the United States. Teachers are being asked to cover 
more material than before, without being given more time. Students are 
expected to master more material than students of decades ago, without 
being given more time. Meanwhile, researchers have demonstrated that 
reducing instructional time hinders learning. As summarized by the 
National Research Council, in its report on How People Learn, ``. . . 
significant learning takes major investments of time.''
  How can a quality, well rounded education be achieved when the 
average school year in this country includes only 180 days--less than 
half the number of days in a calendar year? Children today are spending 
only 20 percent to 30 percent of their waking hours in school, even if 
they have a record of perfect attendance. According to the American 
Academy of Child and Adolescent Psychiatry, by the time American 
students finish high school, they will have spent more time watching 
television than in the classroom.
  In 1991, Congress established the National Education Commission on 
Time and Learning, an independent advisory group charged with studying 
the relationship between instructional time and student learning in 
American schools. Members of the commission visited schools in the U.S. 
and abroad, and interviewed teachers, administrators, parents, and 
students. The Commission concluded that students and teachers in 
American schools are ``prisoners of time,'' captives of an agrarian-
based school calendar that robs them of the opportunity for a quality 
education. To quote from their report, ``we have been asking the 
impossible of our students--that they learn as much as their foreign 
peers while spending only half as much time in core academic 
subjects.'' I add that this means we have also been asking the 
impossible of our teachers--to deliver effective instruction, without 
sufficient time. Clearly, our school calendars have not moved forward 
along with our societal and technological advances.
  The Commission's 1994 report was not the first to recommend 
lengthening the school year. In 1983, the Nation at Risk report 
recommended increasing the school day to 7 hours per day, and the 
school year to 200 to 220 days per year, as a means to strengthen our 
nation's grip on global competitiveness. Well, it has been 25 years 
since that report, and I believe the time has come to give students and 
teachers the time they need for a quality education.
  The School Day Factor Act will support efforts to expand the school 
year, by coordinating school funding with the length of the school 
year, and by encouraging schools to add five days to their calendar 
each year, for the next 4 years. This bill introduces a variable, the 
``School Day Factor,'' that will reflect the number of mandatory full 
days included in a state's school year, and it may be adjusted to 
reflect any increases in instructional hours per day. This variable 
will be added to existing Title I allocation formulas that determine 
education grants to States.
  The existing funding allocation formulas would be essentially 
unchanged for States whose school calendars meet a base level number of 
days per school year. By raising the base level school year length by 5 
school days per year, over a 4 year period, the average school year 
calendar would reach the target of 200 school days per year by 2014. 
Inclusion of the School Day Factor will result in higher grants to 
states with school years that exceed the base level number of school 
days per year, and smaller grants to states with school years that fall 
below the base level.
  I believe that schools are not only ready for this change, but that 
they are setting the pace for this movement. Some States and school 
districts have

[[Page S4354]]

already taken the initiative to expand their school year by 20 days per 
year. In my own State of New Mexico, a State initiated pilot program to 
extend kindergarten by 20 to 25 days per year led to such positive 
outcomes that the program was recently extended to third grade. 
Requests to participate have increased, as more school districts 
understand the benefits afforded by expanding students' and teachers' 
educational time. The School Day Factor Act is an investment that will 
support the efforts to dramatically increase this participation rate 
such that the 200 day school year is the norm, not an expanded 
calendar.
  Clearly, more time alone is not sufficient to insure quality 
learning. By including the School Day Factor Act in the reauthorization 
of ESEA, it will be paired with actions designed to enhance and support 
quality instruction delivered by highly qualified teachers. I hope that 
this legislation will be included in the reauthorization of the 
Elementary and Secondary Education Act of 1965, as amended, and I urge 
my colleagues to support it.
  Mr. President, 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. 804

       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 ``School Day Factor Act of 
     2009''.

     SEC. 2. FINDINGS.

       Congress makes the following findings:
       (1) According to the National Center for Education 
     Statistics the length of the average school year steadily 
     increased from 144 to 178 days between 1869 and 1949. In 
     2008, the average number of school days per year remains at 
     178.5.
       (2) In 1983, a recommendation in the Nation at Risk report 
     was to increase students' instructional time by lengthening 
     the school day or the school year, as a means to strengthen 
     our Nation's grip on global competitiveness. Since then, no 
     systematic school day or school year increase has occurred.
       (3) In 2008, 42 States mandate a school year of 180 or 
     fewer days per year, or the equivalent thereof. Across 
     States, the number of school days per year ranges from 173 to 
     182.
       (4) Researchers have demonstrated that--
       (A) when class material is covered in a streamlined, 
     shortened unit, students' conceptual mastery of the content 
     suffers; and
       (B) significant learning requires investment of time.
       (5) Research has demonstrated that all students are at risk 
     for losing educational gains during extended summer breaks in 
     the typical school calendar, particularly children from low 
     income households. The continued lack of out-of-school 
     learning opportunities contributes to a growing achievement 
     gap. Even more so than achievement gaps present at 
     kindergarten, differences in out-of-school learning 
     opportunities experienced by economically advantaged versus 
     disadvantaged youth contribute to the cumulative achievement 
     difference registered by 9th grade, which affects high school 
     placements, high school exit, and postsecondary school 
     attendance.
       (6) Since 1991, over 300 expanded learning initiatives have 
     occurred, across 30 States, aimed primarily at schools with 
     high-poverty and high-minority student populations. Outcomes 
     of these initiatives include enhanced student achievement, 
     lower student and teacher absenteeism, and satisfaction of 
     parents, teachers, and students.
       (7) Research demonstrates that the increased school time is 
     beneficial not only for students, but also for teachers. 
     Teachers gain planning time, more opportunities for 
     cooperative planning, professional development opportunities, 
     and additional time to individualize instruction. Teacher 
     employment increases from part-year to up to full year, 
     depending on the calendar conversion adopted.
       (8) Regarding the costs of expanded learning initiatives, 
     the cost per hour of instruction decreases with the addition 
     of more learning time.

     SEC. 3. PURPOSES.

       The purposes of this Act are to ensure that all children 
     have sufficient time to achieve in school, that all children 
     have access to a high quality and well-rounded education, and 
     that teachers have sufficient time to deliver quality 
     instruction. Such purposes can be achieved by--
       (1) encouraging States to expand the minimum number of days 
     in their school year, to 200 full days, by 2014, without 
     reducing the length of the school day;
       (2) modifying the allocations under subpart 2 of part A of 
     title I of the Elementary and Secondary Education Act of 1965 
     (20 U.S.C. 6331 et seq.) regarding basic, concentration, 
     targeted, and education finance incentive grants, so that 
     each of the formulas used to determine allocations includes a 
     factor that reflects all of the following:
       (A) the minimum number of school days in the State-mandated 
     school year length;
       (B) the most recent increase in the number of school days 
     in the State-mandated academic year; and
       (C) whether the number of school days in an academic year 
     meets, exceeds, or falls short of the base level school year 
     length described in the amendment made by this Act; and
       (3) encouraging States to increase the length of the school 
     day.

     SEC. 4. SCHOOL DAY FACTOR.

       (a) Amendment.--Subpart 2 of part A of title I of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6331 et seq.) is amended by adding at the end the following:

     ``SEC. 1128. SCHOOL DAY FACTOR.

       ``(a) Definitions.--In this section:
       ``(1) Academic year.--The term `academic year' means the 
     period of time beginning with the first day of a school year 
     and ending on the last day of a school year, which typically 
     begins in the late summer and ends in the early summer.
       ``(2) Base level school year length.--The term `base level 
     school year length' means--
       ``(A) 180 school days for the 2009-2010 academic year;
       ``(B) 185 school days for the 2010-2011 academic year;
       ``(C) 190 school days for the 2011-2012 academic year;
       ``(D) 195 school days for the 2012-2013 academic year; and
       ``(E) 200 school days for the 2013-2014 academic year and 
     for each succeeding academic year.
       ``(3) Instructional hours.--The term `instructional hours' 
     means the number of hours within the school day that are 
     directly devoted to student learning in core academic 
     subjects.
       ``(4) School day.--
       ``(A) In general.--The term `school day' means a day for 
     which attendance is mandatory for all students attending an 
     elementary school or secondary school in a State, and in 
     which a minimum of 5\1/2\ instructional hours are delivered 
     to students.
       ``(B) Partial days.--Two days for which attendance is 
     mandatory for all students attending an elementary school or 
     secondary school in a State and in which less than 5\1/2\ 
     instructional hours per day are delivered to students may be 
     deemed to be 1 school day for purposes of this section, if 
     the total instructional time for the 2 partial days meets or 
     exceeds 5\1/2\ instructional hours.
       ``(5) State-mandated school year length.--
       ``(A) In general.--Except as provided in subparagraphs (B) 
     and (C), the term `State-mandated school year length' means 
     the minimum number of school days an elementary school or 
     secondary school student is required by the State to attend 
     school in an academic year. In calculating the State-mandated 
     school year length, days that the State permits to be waived 
     due to teacher professional development, weather, or other 
     reasons shall not be counted.
       ``(B) States that mandate minimum number of instructional 
     hours.--In the case of a State that does not mandate a 
     minimum number of school days for an academic year and does 
     mandate a minimum number of instructional hours per academic 
     year, the State-mandated school year length for such State 
     shall be the quotient of--
       ``(i) the minimum number of mandated instructional hours 
     per academic year, excluding hours that may be waived due to 
     teacher professional development, weather, or other reasons; 
     divided by
       ``(ii) the greater of--

       ``(I) the average number of instructional hours per school 
     day in the State's public elementary schools and secondary 
     schools; or
       ``(II) 6\1/2\ hours.

       ``(C) States that do not mandate minimum number of days or 
     hours.--In the case of a State that does not mandate a 
     minimum number of school days or a minimum number of 
     instructional hours per academic year, the State-mandated 
     school year length for such State shall be the average number 
     of school days that elementary school or secondary school 
     students in the State attended school during--
       ``(i) the preceding school year; or
       ``(ii) in the case where the preceding school year was 
     significantly shorter due to a natural disaster during such 
     school year, the school year that is preceding the preceding 
     school year.
       ``(b) School Day Factor.--
       ``(1) Adjustments authorized.--
       ``(A) In general.--Notwithstanding any other provision of 
     this part, the amount of a grant that a State or local 
     educational agency is eligible to receive under section 
     1124(a), 1124A(a), 1125(b), or 1125A(b) shall be adjusted by 
     multiplying such amount by the school day factor described in 
     paragraph (2) that is applicable to such State or local 
     educational agency, respectively, for such academic year.
       ``(B) Timing of adjustment.--The Secretary shall make the 
     adjustment described in subparagraph (A) to the amount of a 
     grant that a State or local educational agency is eligible to 
     receive under section 1124, 1124A, 1125, or 1125A before 
     applying any hold-harmless requirement, minimum grant amount 
     requirement, or ratable reduction requirement under this 
     part.
       ``(2) School day factor.--
       ``(A) In general.--The school day factor referred to in 
     paragraph (1) that is applicable to each State and local 
     educational agency

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     in the State for an academic year is a percentage calculated 
     as the sum of the following:
       ``(i) \2/3\ of such percentage shall be equal to--

       ``(I) the result of--

       ``(aa) the State-mandated school year length for the 
     academic year preceding the academic year for which the 
     calculation is made; divided by
       ``(bb) the base level school year length for the academic 
     year preceding the academic year for which the calculation is 
     made; multiplied by

       ``(II) 100.

       ``(ii) \1/3\ of such percentage shall be equal to--

       ``(I) the result of--

       ``(aa) the State mandated minimum instructional hours per 
     school day for the academic year preceding the academic year 
     for which the calculation is made; divided by
       ``(bb) 5.5; multiplied by

       ``(II) 100.

       ``(B) Special calculation rule.--In making the calculation 
     described in subparagraph (A) for a State, the value of 
     subparagraph (A)(ii) shall be zero if the State mandated 
     minimum instructional hours per school day for the academic 
     year preceding the academic year for which the calculation is 
     made is less than the number of such State mandated minimum 
     instructional hours for the academic year that precedes by 
     two years the academic year for which the calculation is 
     made.''.
       (b) Table of Contents.--The table of contents in section 2 
     of the Elementary and Secondary Education Act of 1965 is 
     amended by inserting after the item relating to section 1127 
     the following:

``Sec. 1128. School day factor.''.
                                 ______