[Congressional Record Volume 155, Number 67 (Monday, May 4, 2009)]
[Senate]
[Pages S5081-S5085]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. REID (for himself, Mr. Pryor, Mrs. Murray, Mr. Menendez, 
        and Mr. Bennet):
  S. 968. A bill to award competitive grants to eligible partnerships 
to enable the partnerships to implement innovative strategies at the 
secondary school level to improve student achievement and prepare at-
risk students for postsecondary education and the workforce; to the 
Committee on Health, Education, Labor, and Pensions.
  Mr. REID. Mr. President, in our global economy, a high school diploma 
has become the minimum qualification necessary for a good job. Yet only 
about a third of the students who enter 9th grade each fall will 
graduate 4 years later prepared for college or the workforce.
  Another third will leave high school with a diploma, but without the 
skills and knowledge they need to succeed. Yet another third will not 
graduate from high school within four years, if at all.
  This trend, across thousands of our Nation's schools, robs millions 
of young Americans--particularly poor and minority students--of their 
best chances to succeed.
  Students in Nevada are hit particularly hard. Less than 70 percent of 
high school students in my home state graduate on time. For African 
American and Latino students, that number is closer to 50 percent. 
Nearly 20,000 students in Nevada who started school with the class of 
2008 did not graduate with their peers.
  Leaving these students behind hurts our economy in both the short- 
and long-run. These students will cost the State's economy an estimated 
$5.1 billion in lost wages over the course of

[[Page S5082]]

their lifetimes, and will earn an average of almost $10,000 less each 
year compared to their classmates who finished high school.
  Almost 90 percent of the fastest-growing and best-paying jobs require 
some postsecondary education. We can no longer afford to ignore our 
unacceptable graduation rates. We can no longer afford to look the 
other way while more and more students remain unprepared to compete in 
the global economy. It is not right for these students, and it is not 
right for our economy.
  That is why Senators Murray and Pryor and I are introducing the 
Secondary School Innovation Fund, a bill to improve the education our 
students get in America's secondary schools. Our future competitiveness 
depends on our ability to transform our Nation's middle- and high-
schools to meet the needs of the 21st century. This legislation aims to 
address some of these challenges.
  Many of our high schools are too large and impersonal. They lack the 
rigor and high expectations that we must set for all of our students. 
Of course, many of the problems that lead students to lose interest or 
drop out of school begin at the middle-school level.
  To meet the challenges of this economy and prepare our young people 
for life after high school, we must give our middle and high schools 
the opportunity to try new ideas and approaches that will improve 
students' performance and their graduation rates.
  We must take proven ideas and put them in the schools that need them 
the most like extending the school day or year; dividing large urban 
schools into smaller, more personal learning academies; expanding 
summer learning opportunities for middle-school students; or partnering 
schools with colleges and universities to allow high school students to 
take and receive credit for college-level courses.
  The good news is that schools throughout my home state of Nevada, and 
across the country, have already started implementing these sorts of 
innovative strategies:
  The Clark County Schools District in southern Nevada--the Nation's 
5th largest and one of the fastest growing--has opened some of the most 
cutting-edge career and technical academies in the country. With 
programs in engineering and design, medical occupations, and media 
communications, a visitor to one of these new academies might think 
they were on a university campus.
  In northern Nevada, the Washoe County School District has teamed up 
with one of the local community colleges. The Truckee Meadows Community 
College High School now allows students to take a combination of 
college and high school courses, and they get credit on both levels. 
Not only do these students complete more challenging, college-level 
coursework, but they are laying the groundwork for success after high 
school.
  Encouraging our secondary schools to meet new, demanding and 
competitive requirements requires replicating these types of school 
models. But they need adequate Federal support to do so. The Secondary 
School Innovation Fund gives them just that.
  President Obama and Secretary Duncan know this as well. The budget we 
passed last week proposes a similar fund that would promote innovation 
and excellence in America's schools. And the economic recovery plan 
that we passed earlier this year includes unprecedented funding for 
improving and reforming our education systems. It also creates a $5 
billion ``Race to the Top Fund'' that rewards states and districts for 
innovation.
  This bill would give states, districts, schools, institutes of higher 
education, businesses and community-based organizations $500 million in 
competitive grants in each of the next 6 years to reform in our 
Nation's secondary schools. By supporting a variety of strategies for 
innovation and creating evidence-based, systemic and replicable models 
of reform, we will improve student achievement and prepare them to 
succeed in school and then in the workforce.
  We also know that every dollar we spend belongs to the American 
people. That is why we will only help programs that can demonstrate 
that their students are improving.
  Democrats are committed to expanding educational opportunities for 
all Americans and preparing them to succeed in the global economy. We 
must give them the best chance to achieve their full potential, and 
this bill will help make that possible. I hope my colleagues will join 
me in supporting this legislation.
  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. 968

       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 ``Secondary School Innovation 
     Fund Act''.

     SEC. 2. FINDINGS.

       Congress finds the following:
       (1) Since almost 90 percent of the fastest growing and best 
     paying jobs now require some postsecondary education, a 
     secondary school diploma and the skills to succeed in 
     postsecondary education and the modern workplace are 
     essential.
       (2) Only \1/3\ of all high school students in the United 
     States graduate in 4 years prepared for a 4-year institution 
     of higher education. Another \1/3\ graduate, but without the 
     skills and qualifications necessary for success in 
     postsecondary education or the workplace, and the rest will 
     not graduate from high school in 4 years, if at all.
       (3) Dropouts from the class of 2008 will cost the United 
     States more that $319,000,000,000 in reduced earnings.
       (4) The Nation's failure to meet the increasing demand for 
     skilled workers means that American companies cannot fill a 
     large number of jobs. 81 percent of American manufacturing 
     companies report experiencing a moderate to severe shortage 
     of qualified workers.
       (5) The education system of the United States should 
     support critical thinking, creativity, and innovative 
     approaches to problem-solving--all skills that cannot easily 
     be outsourced. The Program for International Student 
     Assessment is an international assessment that measures these 
     high-demand skills. Unfortunately, when the results on this 
     assessment of students from the United States are compared to 
     those of students from 27 other countries, many of which are 
     economic competitors of the United States, the United States 
     students rank 24th in problem-solving, 21st in scientific 
     literacy, and 25th in mathematical literacy.
       (6) As the bar for success continues to be raised, the 
     responsibility to engender these attributes with progressive 
     programs and original models lies squarely with the education 
     system. It is imperative that the United States develop and 
     implement new, innovative approaches to fully prepare every 
     student for the 21st century.
       (7) Realigning the education system to meet new, demanding 
     requirements and face intensifying competition requires 
     effective, systemic reform. Identifying effective, replicable 
     models that achieve this goal is a critical step towards 
     enhancing the prospects of all students entering the modern 
     workforce.

     SEC. 3. SECONDARY SCHOOL INNOVATION FUND.

       (a) Secondary School Innovation Fund.--Title I of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6301 et seq.) is amended--
       (1) by redesignating part I as part J; and
       (2) by inserting after section 1830 the following:

               ``PART I--SECONDARY SCHOOL INNOVATION FUND

     ``SEC. 1851. PURPOSES.

       ``The purposes of this part are--
       ``(1) to improve the achievement of at-risk secondary 
     school students and prepare such students for postsecondary 
     education and the workforce;
       ``(2) to create evidence-based, replicable models of 
     innovation in secondary schools at the State and local level; 
     and
       ``(3) to support partnerships to create and inform 
     innovation at the State and local level to improve learning 
     outcomes and transitions for secondary school students.

     ``SEC. 1852. DEFINITIONS.

       ``In this part:
       ``(1) Eligible partnership.--The term `eligible 
     partnership' means a partnership that includes--
       ``(A) not less than 1--
       ``(i) State educational agency; or
       ``(ii) local educational agency that is eligible for 
     assistance under part A; and
       ``(B) not less than 1--
       ``(i) institution of higher education;
       ``(ii) nonprofit organization;
       ``(iii) community-based organization;
       ``(iv) business; or
       ``(v) school development organization or intermediary.
       ``(2) Eligible school.--The term `eligible school' means a 
     public secondary school served by a local educational agency 
     that is eligible for assistance under part A.
       ``(3) High school.--The term `high school' means a public 
     school, including a public charter high school, that provides 
     secondary education, as determined under State law, in 1 or 
     more of grades 9 through 12.
       ``(4) Middle school.--The term `middle school' means a 
     public school, including a public charter middle school, that 
     provides

[[Page S5083]]

     middle or secondary education, as determined under State law, 
     in 1 or more of grades 5 through 8.

     ``SEC. 1853. SECONDARY SCHOOL INNOVATION FUND.

       ``(a) Program Authorized.--
       ``(1) Grants to eligible partnerships.--The Secretary is 
     authorized to award grants, on a competitive basis, to 
     eligible partnerships to enable the eligible partnerships to 
     pay the Federal share of the costs of implementing innovative 
     strategies described in subsection (f) to improve the 
     achievement of at-risk students in secondary schools.
       ``(2) Subgrants to eligible schools.--An eligible 
     partnership that receives a grant under this part may use the 
     grant funds to award a subgrant to an eligible school to 
     enable the eligible school to implement innovative strategies 
     described in subsection (f) to improve the achievement of at-
     risk students at the eligible school.
       ``(3) Duration of grant period.--A grant awarded under 
     paragraph (1) shall be for not longer than a 5-year period.
       ``(b) Reservation of Funds.--The Secretary shall reserve 5 
     percent of the amounts appropriated under this part for a 
     fiscal year for the evaluation described in subsection (h).
       ``(c) Application.--
       ``(1) In general.--An eligible partnership desiring a grant 
     under this part shall submit an application to the Secretary 
     at such time, in such manner, and containing such information 
     as the Secretary may require.
       ``(2) Contents.--The application described in paragraph (1) 
     shall include--
       ``(A) a description of the eligible partnership, the 
     partners forming the eligible partnership, and the roles and 
     responsibilities of each partner, and a demonstration of each 
     partner's capacity to support the outlined roles and 
     responsibilities;
       ``(B) a description of how funds will be used to improve 
     the achievement of at-risk students in secondary schools;
       ``(C) a description of how the activities funded by the 
     grant will be innovative, systemic, evidence-based, and 
     replicable;
       ``(D) a description of each subgrant the eligible 
     partnership will award to an eligible school, including a 
     description of the eligible school;
       ``(E) a description of how the eligible partnership will 
     measure and report improvement using the data collected under 
     subsection (g) and additional indicators of improvement 
     proposed by the partnership, such as--
       ``(i) student attendance or participation;
       ``(ii) credit accumulation rates;
       ``(iii) core course completion rates;
       ``(iv) college enrollment and persistence rates; or
       ``(v) number or percentage of students taking--

       ``(I) Advanced Placement (AP), International Baccalaureate 
     (IB), or other postsecondary education courses;
       ``(II) rigorous postsecondary education preparatory 
     courses; or
       ``(III) registered apprenticeship and workforce training 
     programs; and

       ``(F) a description of the planning phase of not more than 
     90 days that the eligible partnership will undertake for the 
     grant, including--
       ``(i) the activities and goals of the planning phase; and
       ``(ii) how each partner in the eligible partnership will 
     participate in the planning phase.
       ``(d) Application Review and Award Basis.--
       ``(1) Grant review and approval.--The Secretary shall--
       ``(A) establish a peer review process to assist in the 
     review of the grant applications and approval of the grants 
     under this section; and
       ``(B) appoint to the peer review process--
       ``(i) individuals who are educators and experts in--

       ``(I) secondary school reform;
       ``(II) accountability;
       ``(III) secondary school improvement;
       ``(IV) innovative education models;
       ``(V) postsecondary education preparation and access; and
       ``(VI) workforce preparation;

       ``(ii) not less than 1 parent or community representative; 
     and
       ``(C) ensure that each grant award is of sufficient size 
     and scope to carry out the activities proposed in the grant 
     application, including the evaluation required under 
     subsection (g)(3).
       ``(2) Award basis.--In awarding grants under this part, the 
     Secretary shall ensure, to the extent practicable--
       ``(A) diversity in the type of activities funded under the 
     grants, including statewide and local initiatives;
       ``(B) an equitable geographic distribution of the grants, 
     including urban and rural areas and small and large school 
     districts; and
       ``(C) that the grants support activities--
       ``(i) that target different grade levels of students at the 
     secondary school level;
       ``(ii) in a variety of types of secondary schools, 
     including middle schools and high schools; and
       ``(iii) in secondary schools of varying sizes, including 
     small and large schools.
       ``(e) Federal Share, Non-Federal Share.--
       ``(1) Federal share.--The Federal share of a grant under 
     this part shall be not more than 75 percent of the costs of 
     the activities assisted under the grant.
       ``(2) Non-federal share.--The non-Federal share shall be 
     not less than 25 percent of the costs of the activities 
     assisted under the grant, of which not more than 10 percent 
     of the costs of the activities assisted under the grant may 
     be provided in-kind, fairly evaluated.
       ``(f) Use of Funds.--An eligible partnership receiving a 
     grant under this part, or an eligible school receiving a 
     subgrant under this part, shall use grant or subgrant funds, 
     respectively, to carry out 1 or more of the following 
     effective models or innovative programs:
       ``(1) Effective school models.--
       ``(A) Multiple education pathways.--A model creating a 
     range of academically rigorous multiple education pathways, 
     based on the analysis of student data, that lead to a 
     secondary school diploma, that are consistent with readiness 
     for postsecondary education and the workforce, and that offer 
     students a range of educational options designed to meet the 
     students' needs and interests, including through the creation 
     of new schools. Such pathways may include--
       ``(i) an effective dropout prevention and recovery model 
     that--

       ``(I) prepares students for postsecondary education and 
     career readiness;
       ``(II) uses re-engagement and recuperative strategies based 
     in youth development;
       ``(III) uses innovative strategies for credit recovery and 
     acceleration, such as flexible hours or online access to 
     curricula, courses, assessments, resources, and supports;
       ``(IV) provides competency-based instruction and 
     performance-based assessment to improve educational outcomes 
     for various populations of overaged or undercredited students 
     or students who have previously dropped out of secondary 
     school, such as--

       ``(aa) students not making sufficient progress to graduate 
     with a regular secondary school diploma in the standard 
     number of years;
       ``(bb) students who need to work to support themselves or 
     their families;
       ``(cc) pregnant and parenting teens; and
       ``(dd) students returning from the juvenile justice system; 
     and

       ``(V) combines rigorous academic education with career 
     training for students that are not making sufficient progress 
     to graduate from secondary school in the standard number of 
     years;

       ``(ii) a career and technical education program;
       ``(iii) a career academy or other model that delivers high 
     quality, college preparatory curriculum in the context of a 
     rigorous technical core; and
       ``(iv) creating a more personalized and engaging learning 
     environment for secondary school students, such as--

       ``(I) establishing smaller learning communities;
       ``(II) creating student advisories and developing peer 
     engagement strategies;
       ``(III) creating mechanisms for increased educator 
     collaboration around individual student needs;
       ``(IV) involving students and parents in the development of 
     individualized student plans for secondary school success and 
     graduation and transition to postsecondary education; and
       ``(V) creating mechanisms for increased student 
     participation in school improvement efforts and in decisions 
     affecting the students' own learning, including students 
     leading guidance activities, mentoring, or tutoring efforts.

       ``(B) Early college and dual enrollment schools.--An early 
     college high school or other dual enrollment learning 
     opportunity that provides a course of study that enables a 
     student to earn a secondary school diploma and either an 
     associate degree or not more than 2 years of transferable 
     postsecondary education credit toward a postsecondary degree 
     or credential.
       ``(C) Secondary schools using early warning systems.--A 
     secondary school that enables at-risk students to graduate 
     from secondary school ready to succeed in postsecondary 
     education and the workforce, through use of an early warning 
     indicator and intervention system that combines--
       ``(i) research-based whole school reform focused on 
     improving attendance, behavior, and course performance;
       ``(ii) targeted interventions provided by trained teams of 
     adults working full-time in the school, which may include--

       ``(I) participants or volunteers under the National and 
     Community Service Act of 1990 (42 U.S.C. 12501 et seq.) or 
     the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4950 et 
     seq.);
       ``(II) student and family advocates; and
       ``(III) college and career access and success counselors;

       ``(iii) integrated student services and case-managed 
     interventions for students requiring intensive supports; and
       ``(iv) an on-track indicator system to identify students in 
     need of additional support and to monitor the effectiveness 
     of the interventions described in clause (ii).
       ``(2) Innovative programs.--
       ``(A) Expanded learning-time opportunities.--The creation 
     of an expanded learning-time opportunity, which may include--
       ``(i) establishing a mandatory expanded day, for all 
     students transitioning into the first year of high school, 
     for academic catch-up and enrichment;

[[Page S5084]]

       ``(ii) providing arts, service-learning (as defined in 
     section 101 of the National and Community Service Act of 1990 
     (42 U.S.C. 12511), or youth development opportunities with 
     community-based cultural and civic organizations;
       ``(iii) providing higher education and work-based exposure, 
     experience, and credit-bearing learning opportunities in 
     partnership with postsecondary education institutions and the 
     workforce;
       ``(iv) providing technology-enabled collaboration and 
     access for students to receive assistance from content 
     experts, instructors, and peers and to utilize resources for 
     remediation and enrichment; or
       ``(v) providing quality summer experiences, which may 
     include youth development.
       ``(B) Successful transitions to high school.--A program 
     improving student transitions from middle school to high 
     school and ensuring successful entry into high school, which 
     may include--
       ``(i) establishing summer transition programs for students 
     transitioning from middle school to high school to ensure the 
     students' connection to the students' new high school and to 
     orient the students to the study skills and social skills 
     necessary for success in the high school;
       ``(ii) providing for the sharing of data between high 
     schools and feeder middle schools;
       ``(iii) establishing early warning indicator and 
     intervention programs in high school for students 
     transitioning into the students' first year of high school so 
     that such students do not become truant or fall too far 
     behind in academics;
       ``(iv) increasing the level of student supports, including 
     academic and nonacademic supports that meet the comprehensive 
     needs of struggling students;
       ``(v) aligning academic standards, curricula, and 
     assessments between middle and high schools; and
       ``(vi) providing electronic access to detailed information 
     on student performance and all content and skill areas to 
     students transitioning into high school and their parents.
       ``(C) Successful transitions to postsecondary education and 
     the workforce.--Improvements to assist student transition 
     from secondary school to postsecondary education and the 
     workforce, which may include--
       ``(i) providing for the sharing of data between secondary 
     schools and institutions of higher education, including data 
     on remediation and completion rates;
       ``(ii) enabling dual enrollment and post-secondary credit-
     bearing learning opportunities;
       ``(iii) creating new opportunities to better utilize grades 
     11 and 12 and creating better connections to postsecondary 
     education, which may include internships, externships, job 
     shadowing, and technology-enabled collaboration;
       ``(iv) providing enhanced planning and counseling for 
     postsecondary education, including financial aid counseling; 
     and
       ``(v) aligning the academic standards of secondary school 
     with the academic standards of postsecondary education and 
     the requirements and expectations of the workforce, including 
     partnering with local industry to align technical curricula 
     to workforce needs.
       ``(D) Increased school autonomy and flexibility.--A program 
     of providing secondary schools with increased autonomy and 
     flexibility, which may include--
       ``(i) establishing a process whereby existing schools can 
     apply for flexibility in such areas as scheduling, curricula, 
     budgeting, and governance; and
       ``(ii) starting new small public secondary schools that are 
     guaranteed such autonomy.
       ``(E) Rural opportunities.--A program to improve learning 
     opportunities for secondary school students in rural schools, 
     including through the use of distance-learning opportunities 
     and other technology-based tools.
       ``(F) Middle grade improvements.--A program to improve 
     learning opportunities for students in the middle grades--
       ``(i) to prevent student disengagement and improve 
     achievement; and
       ``(ii) to better respond to early warning signs that 
     students are at risk of dropping out of school, such as poor 
     attendance, poor behavior, or course failure, through the use 
     of an early warning indicator system and interventions.
       ``(G) Improving teaching and academics.--A program of 
     improving teaching and increasing academic rigor at the 
     secondary school level, which may include--
       ``(i) improving the alignment of academic standards with 
     the requirements and expectations of postsecondary education 
     and the workforce;
       ``(ii) improving the teaching and assessment of 21st 
     century skills, including through the development of 
     formative assessment models;
       ``(iii) providing high-quality professional development on 
     data literacy, including on use of data to inform classroom 
     instruction;
       ``(iv) addressing the learning needs of various student 
     populations, including students who are limited English 
     proficient, late entrant English language learners, and 
     students with disabilities; and
       ``(v) developing value-added measures for use in 
     determining teacher ability and effectiveness, including for 
     use in recruitment and hiring decisions.
       ``(H) Improved community and parental involvement.--A 
     program improving community and parental involvement, which 
     may include--
       ``(i) increasing community involvement, including 
     leveraging community-based services and opportunities to 
     provide every student with the academic and comprehensive 
     nonacademic supports necessary for academic success; and
       ``(ii) increasing parental involvement, including providing 
     parents with the tools to navigate, support, and influence 
     their child's academic career and choices through secondary 
     school graduation and into postsecondary education and the 
     workforce, including through electronic access to student 
     data.
       ``(g) Data Collection and Evaluation.--
       ``(1) Collection of data.--Each eligible partnership 
     receiving a grant under this part shall collect and report 
     annually to the Secretary such information on the results of 
     the activities assisted under the grant as the Secretary may 
     reasonably require, including information on--
       ``(A) the number and percentage of students who--
       ``(i) are served by the eligible partnership;
       ``(ii) are assisted under this part; and
       ``(iii) graduate from secondary school with a regular 
     secondary school diploma in the standard number of years;
       ``(B) the number and percentage of students, at each grade 
     level, who are--
       ``(i) served by the eligible partnership;
       ``(ii) assisted under this part; and
       ``(iii) on track to graduate from secondary school with a 
     regular secondary school diploma in the standard number of 
     years;
       ``(C) the number and percentage of students, at each grade 
     level, who--
       ``(i) are served by the eligible partnership;
       ``(ii) are assisted under this part; and
       ``(iii) meet or exceed State challenging student academic 
     achievement standards in mathematics, reading or language 
     arts, or science, as measured by the State academic 
     assessments under section 1111(b)(3);
       ``(D) information consistent with the additional indicators 
     of improvement proposed by the eligible partnership in the 
     grant application; and
       ``(E) other information the Secretary may require as 
     necessary for the evaluation described in subsection (h).
       ``(2) Reporting of data.--Each eligible partnership 
     receiving a grant under this part shall disaggregate the 
     information required under paragraph (1) in the same manner 
     as information is disaggregated under section 
     1111(h)(1)(C)(i).
       ``(3) Evaluation.--
       ``(A) In general.--Each eligible partnership receiving a 
     grant under this part shall, immediately after the receipt of 
     grant funds, enter into a contract with an outside evaluator 
     to enable the evaluator to conduct--
       ``(i) an evaluation of the effects of the grant after the 
     third year of implementation of the grant; and
       ``(ii) an evaluation of the effects of the grant after the 
     final year of the grant period.
       ``(B) Distribution.--Upon completion of an evaluation 
     described in subparagraph (A), the eligible partnership shall 
     submit a copy of the evaluation to the Secretary in a timely 
     manner.
       ``(h) Evaluation; Best Practices.--
       ``(1) In general.--From amounts reserved under subsection 
     (b), the Secretary shall--
       ``(A) enter into a contract with an outside evaluator to 
     enable the evaluator to conduct--
       ``(i) a comprehensive evaluation after the third year of 
     implementation on the effectiveness of all grants awarded 
     under this part;
       ``(ii) a final evaluation following the final year of the 
     grant period--

       ``(I) with a focus on the improvement in student 
     achievement and the indicators described in subsection (g)(1) 
     as a result of innovative strategies; and
       ``(II) to the extent practicable, that compares the 
     relative effectiveness of different types of programs and 
     compares the relative effectiveness of variations in 
     implementation within types of programs; and

       ``(B) disseminate, and provide technical assistance 
     regarding, best practices in improving the achievement of 
     secondary school students.
       ``(2) Peer review.--
       ``(A) In general.--An evaluator receiving a contract under 
     this subsection shall--
       ``(i) establish a peer-review process to assist in the 
     review and approval of the evaluations conducted under this 
     subsection; and
       ``(ii) appoint individuals to the peer-review process who 
     are educators and experts in--

       ``(I) research and evaluation; and
       ``(II) the areas of expertise described in subclauses (I) 
     through (VI) of subsection (d)(1)(B)(i).

       ``(B) Restrictions on use.--The Secretary shall not 
     distribute or use the results of any evaluation described in 
     paragraph (1)(A) until the results are peer-reviewed in 
     accordance with subparagraph (A).
       ``(i) Continuation of Funding.--An eligible partnership 
     that receives a grant under this part shall only be eligible 
     to receive a grant payment for a fourth or fifth year of the 
     grant if the Secretary determines, on the basis of the 
     evaluation of the grant under subsection (h)(1)(A)(i), that 
     the performance of the eligible partnership under the grant 
     has been satisfactory.
       ``(j) Rule of Construction Regarding Discrimination.--
     Nothing in this section shall be construed to permit 
     discrimination on the

[[Page S5085]]

     basis of race, color, religion, sex, national origin, or 
     disability in any program or activity funded under this part.

     ``SEC. 1854. AUTHORIZATION OF APPROPRIATIONS.

       ``There is authorized to be appropriated to carry out this 
     part $500,000,000 for fiscal year 2010 and for each of the 
     succeeding 5 years.''.
       (b) Conforming Amendments.--The table of contents in 
     section 2 of the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 6301 note) is amended--
       (1) by striking the item relating to Part I and inserting 
     the following:

                  ``Part J--General Provisions''; and

       (2) by inserting after the item relating to section 1830 
     the following:

               ``PART I--Secondary School Innovation Fund

``Sec. 1851. Purposes.
``Sec. 1852. Definitions.
``Sec. 1853. Secondary school innovation fund.
``Sec. 1854. Authorization of appropriations.''.

                          ____________________