[Congressional Record Volume 155, Number 97 (Thursday, June 25, 2009)]
[Senate]
[Pages S7081-S7086]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. REED (for himself, Ms. Klobuchar, Ms. Stabenow, Mr. 
        Whitehouse, and Mr. Lautenberg):
  S. 1362. A bill to provide grants to States to ensure that all 
students in the middle grades are taught an academically rigorous 
curriculum with effective supports so that students complete the middle 
grades prepared for success in high school and postsecondary endeavors, 
to improve State and district policies and programs relating to the 
academic achievement of students in the middle grades, to develop and 
implement effective middle grades models for struggling students, and 
for other purposes; to the Committee on Health, Education, Labor, and 
Pensions.
  Mr. REED. Mr. President, today I am introducing the Success in the 
Middle Act, which will help provide new support for raising student 
achievement in the middle grades. I thank Senators Klobuchar, Stabenow, 
Whitehouse, and Lautenberg for joining me as original cosponsors.
  We know that the middle grades are an important and unique transition 
period for young people, and a critical

[[Page S7082]]

time in a student's educational and social development. The middle 
grades are the key to ensuring students remain on track to college and 
career-readiness. International comparisons indicate that students in 
the United States do not start out behind other nations in math and 
science, but they fall significantly behind in these subjects by the 
end of the middle grades. According to the 2007 National Assessment on 
Educational Progress, only one-third of eighth grade students in the 
United States can read at proficiency or above. For math proficiency, 
this number falls to 31 percent of all American eighth grade students.
  There has been significant focus during K-12 reform discussions 
regarding high school reform, and while there is no doubt that this is 
an essential component of improving our education system, addressing 
dropout prevention must begin earlier. It must begin at the middle 
schools that feed into the thousands of ``dropout factories'' across 
the country. Dropout factories are high schools in which fewer than 60 
percent of students graduate. As one of the leading experts in the area 
of middle and high school reform, Robert Balfanz, has stated, middle 
schools are the ``first line of defense'' in identifying at-risk 
students and then effectively intervening to prevent them from dropping 
out. Balfanz's research has shown that sixth-graders who failed math or 
English, attended school less than 80 percent of the time, or received 
an unsatisfactory behavior grade in a core course had only a 10 to 20 
percent chance of graduating on time. Without successful intervention, 
these behaviors lead students to course failure, non-promotion, and 
eventually dropping out.
  That is why I am reintroducing the Success in the Middle Act. This 
bill will help strengthen that first line of defense by authorizing 
grants to states and school districts to improve and turnaround low-
performing middle schools. It would concentrate new resources on the 
middle grades by requiring districts to develop an early warning 
indicator system for indentifying students at risk of dropping out, and 
tailoring research-based interventions to get these students back on 
track to graduating college and career-ready. These interventions would 
include high-quality professional development for teachers; personal 
academic plans such as the Individual Learning Plans required in Rhode 
Island; mentoring and counseling; and extended learning time.
  When he was in the Senate, President Obama was the lead sponsor of 
this legislation. I am pleased that the President has continued to 
recognize the need for increased investment in middle and high school 
reform, including earlier this year, his action to encourage states and 
school districts to spend a significant portion of their American 
Recovery and Reinvestment Act education funds on improving student 
achievement in the middle and high school grades.
  I was pleased to work with the Rhode Island Middle Level Educators, 
Rhode Island Association of School Principals, ACT, Alliance for 
Excellent Education, The College Board, International Reading 
Association, National Association of Secondary School Principals, 
National Council of Teachers of English, National Forum to Accelerate 
Middle Grades Reform, and National Middle Schools Association, and a 
host of other education organizations on this bill. I urge my 
colleagues to cosponsor the Success in the Middle Act.


 =========================== NOTE =========================== 

  
  On page S7082, June 25, 2009, the Record reads: . . . and a host 
of other education organizations on this bill.
  
  The online Record has been corrected to read: . . . and a host 
of other education organizations on this bill. I urge my 
colleagues to cosponsor the Success in the Middle Act.


 ========================= END NOTE ========================= 

  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. 1362

       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 ``Success in the Middle Act of 
     2009''.

     SEC. 2. FINDINGS.

       In this Act:
       (1) International comparisons indicate that students in the 
     United States do not start out behind students of other 
     nations in mathematics and science, but that they fall behind 
     by the end of the middle grades.
       (2) Only \1/3\ of eighth grade students in the United 
     States, and only 4 percent of such students who are English 
     language learners, can read with proficiency, according to 
     the 2007 National Assessment on Educational Progress (NAEP). 
     The percentage of eighth grade students proficient at reading 
     has not increased since 1998, and the NAEP average reading 
     score for eighth grade students has remained static. In 
     contrast, NAEP reading scores and achievement levels for 
     fourth grade students have increased significantly.
       (3) In mathematics, less than \1/3\ of students in eighth 
     grade show skills at the NAEP proficient level, and nearly 30 
     percent score below the basic level. The percentage of eighth 
     grade students scoring above the basic level was 8 points 
     higher in 2007 than in 2000, but for fourth grade students, 
     the percentage increased 17 points, more than double the 
     increase for middle grades students. In eighth grade, the 
     gaps between the average mathematics scores of white and 
     black students and between white and Hispanic students were 
     as wide in 2007 as in 1990.
       (4) Fewer than 2 in 10 of the students who graduated from 
     high school in 2005 or 2006 met, as eighth graders, all 4 of 
     ACT's EXPLORE College Readiness Benchmarks, the minimum level 
     of achievement that ACT has shown is necessary if students 
     are to be college- and career-ready upon their high school 
     graduation.
       (5) Lack of basic skills at the end of middle grades has 
     serious implications for students. Students who enter high 
     school 2 or more years behind grade level in mathematics and 
     literacy have only a 50 percent chance of progressing on time 
     to the tenth grade; those not progressing are at significant 
     risk of dropping out of high school.
       (6) Middle grades students are hopeful about their future, 
     with 93 percent believing that they will complete high school 
     and 92 percent anticipating that they will attend college.
       (7) Sixth grade students who do not attend school 
     regularly, who are subjected to frequent disciplinary 
     actions, or who fail mathematics or English have less than a 
     15 percent chance of graduating high school on time and a 20 
     percent chance of graduating 1 year late. Without effective 
     interventions and proper supports, these students are at risk 
     of subsequent failure in high school, or of dropping out.
       (8) Student transitions from elementary school to the 
     middle grades and to high school are often complicated by 
     poor curriculum alignment, inadequate counseling services, 
     and unsatisfactory sharing of student performance and 
     academic achievement data between grades.
       (9) According to ACT, the level of academic achievement 
     that students attain by eighth grade has a larger impact on 
     the students' college and career readiness upon graduation 
     from high school than anything that happens academically in 
     high school.
       (10) Middle schools are almost twice as likely as 
     elementary schools to be identified for improvement, 
     corrective action, or restructuring (22 percent as compared 
     to 13 percent) under section 1116 of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 63116).
       (11) Middle grades improvement strategies should be 
     tailored based on a variety of performance indicators and 
     data, so that educators can create and implement successful 
     school improvement strategies to address the needs of the 
     middle grades, and so that teachers can provide effective 
     instruction and adequate assistance to meet the needs of at-
     risk students.
       (12) To stem a dropout rate nearly twice that of students 
     without disabilities, students with disabilities in the 
     critical middle grades must receive appropriate academic 
     accommodations and access to assistive technology, high-risk 
     behaviors such as absenteeism and course failure must be 
     monitored, and problem-solving skills with broad application 
     must be taught.
       (13) Local educational agencies and State educational 
     agencies often do not have the capacity to provide support 
     for school improvement strategies. Successful models do exist 
     for turning around low-performing middle grades, and Federal 
     support should be provided to increase the capacity to apply 
     promising practices based on evidence from successful 
     schools.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) ESEA definitions.--The terms ``elementary school'', 
     ``local educational agency'', ``secondary school'', 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 entity.--The term ``eligible entity'' means a 
     partnership that includes--
       (A) not less than 1 eligible local educational agency; and
       (B)(i) an institution of higher education;
       (ii) an educational service agency (as defined in section 
     9101 of the Elementary and Secondary Education Act of 1965 
     (20 U.S.C. 7801)); or
       (iii) a nonprofit organization with demonstrated expertise 
     in high quality middle grades intervention.
       (3) Eligible local educational agency.--The term ``eligible 
     local educational agency'' means a local educational agency 
     that serves not less than 1 eligible school.
       (4) Eligible school.--The term ``eligible school'' means an 
     elementary or secondary school that contains not less than 2 
     or more successive grades beginning with grade 5 and ending 
     with grade 8 and for which--
       (A) a high proportion of the middle grades students 
     attending such school go on to attend a high school with a 
     graduation rate of less than 65 percent;

[[Page S7083]]

       (B) more than 25 percent of the students who finish grade 6 
     at such school, or the earliest middle grade level at the 
     school, exhibit 1 or more of the key risk factors and early 
     risk identification signs, including--
       (i) student attendance below 90 percent;
       (ii) a failing grade in a mathematics or reading or 
     language arts course;
       (iii) 2 failing grades in any courses; and
       (iv) out-of-school suspension or other evidence of at-risk 
     behavior; or
       (C) more than 50 percent of the middle grades students 
     attending such school do not perform at a proficient level on 
     State student academic assessments required under section 
     1111(b)(3) of the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 6311(b)(3)) in mathematics or reading or 
     language arts.
       (5) Institution of higher education.--The term 
     ``institution of higher education'' has the meaning given the 
     term in section 101 of the Higher Education Act of 1965 (20 
     U.S.C. 1001).
       (6) Middle grades.--The term ``middle grades'' means any of 
     grades 5 through 8.
       (7) Scientifically valid.--The term ``scientifically 
     valid'' means the rationale, design, and interpretation are 
     soundly developed in accordance with accepted principles of 
     scientific research.
       (8) Secretary.--The term ``Secretary'' means the Secretary 
     of Education.
       (9) State.--The term ``State'' means each of the 50 States, 
     the District of Columbia, and the Commonwealth of Puerto 
     Rico.
       (10) Student with a disability.--The term ``student with a 
     disability'' means a student who is a child with a 
     disability, as defined in section 602 of the Individuals with 
     Disabilities Education Act (20 U.S.C. 1401).

                   TITLE I--MIDDLE GRADES IMPROVEMENT

     SEC. 101. PURPOSES.

       The purposes of this title are to--
       (1) improve middle grades student academic achievement and 
     prepare students for rigorous high school course work, 
     postsecondary education, independent living, and employment;
       (2) ensure that curricula and student supports for middle 
     grades education align with the curricula and student 
     supports provided for elementary and high school grades;
       (3) provide resources to State educational agencies and 
     local educational agencies to collaboratively develop school 
     improvement plans in order to deliver support and technical 
     assistance to schools serving students in the middle grades; 
     and
       (4) increase the capacity of States and local educational 
     agencies to develop effective, sustainable, and replicable 
     school improvement programs and models and evidence-based or, 
     when available, scientifically valid student interventions 
     for implementation by schools serving students in the middle 
     grades.

     SEC. 102. FORMULA GRANTS TO STATE EDUCATIONAL AGENCIES FOR 
                   MIDDLE GRADES IMPROVEMENT.

       (a) In General.--From amounts appropriated under section 
     107, the Secretary shall make grants under this title for a 
     fiscal year to each State educational agency for which the 
     Secretary has approved an application under subsection (f) in 
     an amount equal to the allotment determined for such agency 
     under subsection (c) for such fiscal year.
       (b) Reservations.--From the total amount made available to 
     carry out this title for a fiscal year, the Secretary--
       (1) shall reserve not more than 1 percent for the Secretary 
     of the Interior (on behalf of the Bureau of Indian Affairs) 
     and the outlying areas for activities carried out in 
     accordance with this section;
       (2) shall reserve 1 percent to evaluate the effectiveness 
     of this title in achieving the purposes of this title and 
     ensuring that results are peer-reviewed and widely 
     disseminated, which may include hiring an outside evaluator; 
     and
       (3) shall reserve 5 percent for technical assistance and 
     dissemination of best practices in middle grades education to 
     States and local educational agencies.
       (c) Amount of State Allotments.--
       (1) In general.--Except as provided in paragraph (2), of 
     the total amount made available to carry out this title for a 
     fiscal year and not reserved under subsection (b), the 
     Secretary shall allot such amount among the States in 
     proportion to the number of children, aged 5 to 17, who 
     reside within the State and are from families with incomes 
     below the poverty line for the most recent fiscal year for 
     which satisfactory data are available, compared to the number 
     of such individuals who reside in all such States for that 
     fiscal year, determined in accordance with section 
     1124(c)(1)(A) of the Elementary and Secondary Education Act 
     of 1965(20 U.S.C. 6333(c)(1)(A)).
       (2) Minimum allotments.--No State educational agency shall 
     receive an allotment under this subsection for a fiscal year 
     that is less than \1/2\ of 1 percent of the amount made 
     available to carry out this title for such fiscal year.
       (d) Special Rule.--For any fiscal year for which the funds 
     appropriated to carry out this title are less that 
     $500,000,000, the Secretary is authorized to award grants to 
     State educational agencies, on a competitive basis, rather 
     than as allotments described in this section, to enable such 
     agencies to award subgrants under section 104 on a 
     competitive basis.
       (e) Reallotment.--
       (1) Failure to apply; application not approved.--If any 
     State educational agency does not apply for an allotment 
     under this title for a fiscal year, or if the application 
     from the State educational agency is not approved, the 
     Secretary shall reallot the amount of the State's allotment 
     to the remaining States in accordance with this section.
       (2) Unused funds.--The Secretary may reallot any amount of 
     an allotment to a State if the Secretary determines that the 
     State will be unable to use such amount within 2 years of 
     such allotment. Such reallotments shall be made on the same 
     basis as allotments are made under subsection (c).
       (f) Application.--In order to receive a grant under this 
     title, 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 
     reasonably require, including a State middle grades 
     improvement plan described in section 103(a)(4).
       (g) Peer Review and Selection.--The Secretary--
       (1) shall establish a peer-review process to assist in the 
     review and approval of proposed State applications;
       (2) shall appoint individuals to participate in the peer-
     review process who are educators and experts in identifying, 
     evaluating, and implementing effective education programs and 
     practices (including the areas of teaching and learning, 
     educational standards and assessments, school improvement, 
     and academic and behavioral supports for middle grades 
     students), which individuals may include recognized exemplary 
     middle grades teachers and middle grades principals who have 
     been recognized at the State or national level for exemplary 
     work or contributions to the field;
       (3) shall ensure that States are given the opportunity to 
     receive timely feedback, and to interact with peer-review 
     panels, in person or via electronic communication, on issues 
     that need clarification during the peer-review process;
       (4) shall approve a State application submitted under this 
     title not later than 120 days after the date of submission of 
     the application unless the Secretary determines that the 
     application does not meet the requirements of this title;
       (5) may not decline to approve a State's application 
     before--
       (A) offering the State an opportunity to revise the State's 
     application;
       (B) providing the State with technical assistance in order 
     to submit a successful application; and
       (C) providing a hearing to the State; and
       (6) shall direct the Inspector General of the Department of 
     Education to--
       (A) review final determinations reached by the Secretary to 
     approve or deny State applications;
       (B) analyze the consistency of the process used by peer-
     review panels in reviewing and recommending to the Secretary 
     approval or denial of such State applications; and
       (C) report the findings of this review and analysis to 
     Congress.

     SEC. 103. STATE PLAN; AUTHORIZED ACTIVITIES.

       (a) Mandatory Activities.--
       (1) In general.--A State educational agency that receives a 
     grant under this title shall use the grant funds--
       (A) to prepare and implement the needs analysis and middle 
     grades improvement plan, as described in paragraphs (3) and 
     (4), of such agency;
       (B) to make subgrants to eligible local educational 
     agencies or eligible entities under section 104; and
       (C) to assist eligible local educational agencies and 
     eligible entities, when determined necessary by the State 
     educational agency or at the request of an eligible local 
     educational agency or eligible entity, in designing a 
     comprehensive schoolwide improvement plan and carrying out 
     the activities under section 104.
       (2) Funds for subgrants.--A State educational agency that 
     receives a grant under this title shall use not less than 80 
     percent of the grant funds to make subgrants to eligible 
     local educational agencies or eligible entities under section 
     104.
       (3) Middle grades needs analysis.--
       (A) In general.--A State educational agency that receives a 
     grant under this title shall enter into a contract, or 
     similar formal agreement, to work with entities such as 
     national and regional comprehensive centers (as described in 
     section 203 of the Educational Technical Assistance Act of 
     2002 (20 U.S.C. 9602)), institutions of higher education, or 
     nonprofit organizations with demonstrated expertise in high-
     quality middle grades reform, to prepare a plan that analyzes 
     how to strengthen the programs, practices, and policies of 
     the State in supporting students in the middle grades, 
     including the factors, such as local implementation, that 
     influence variation in the effectiveness of such programs, 
     practices, and policies.
       (B) Preparation of plan.--In preparing the plan under 
     subparagraph (A), the State educational agency shall examine 
     policies and practices of the State, and of local educational 
     agencies within the State, affecting--
       (i) middle grades curriculum instruction and assessment;
       (ii) education accountability and data systems;
       (iii) teacher quality and equitable distribution; and
       (iv) interventions that support learning in school.
       (4) Middle grades improvement plan.--
       (A) In general.--A State educational agency that receives a 
     grant under this title

[[Page S7084]]

     shall develop a middle grades improvement plan that--
       (i) shall be a statewide plan to improve student academic 
     achievement in the middle grades, based on the needs analysis 
     described in paragraph (3); and
       (ii) describes what students are required to know and do to 
     successfully--

       (I) complete the middle grades; and
       (II) make the transition to succeed in academically 
     rigorous high school coursework that prepares students for 
     college, independent living, and employment.

       (B) Plan components.--A middle grades improvement plan 
     described in subparagraph (A) shall also describe how the 
     State educational agency will do each of the following:
       (i)(I) Ensure that the curricula and assessments for middle 
     grades education are aligned with high school curricula and 
     assessments and prepare students to take challenging high 
     school courses and successfully engage in postsecondary 
     education; and
       (II) ensure coordination, where applicable, with the 
     activities carried out through grants for P-16 education 
     alignment under section 6401(c)(1) of the America COMPETES 
     Act (20 U.S.C. 9871(c)(1)).
       (ii) Ensure that professional development is provided to 
     school leaders, teachers, and other school personnel in--

       (I) addressing the needs of diverse learners, including 
     students with disabilities and English language learners;
       (II) using challenging and relevant research-based best 
     practices and curricula; and
       (III) using data to inform instruction.

       (iii) Identify and disseminate information on effective 
     schools and instructional strategies for middle grades 
     students based on high-quality research.
       (iv) Include specific provisions for students most at risk 
     of not graduating from secondary school, including English 
     language learners and students with disabilities.
       (v) Provide technical assistance to eligible entities to 
     develop and implement their early warning indicator and 
     intervention systems, as described in section 104(d)(2)(D).
       (vi) Define a set of comprehensive school performance 
     indicators that shall be used, in addition to the indicators 
     used to determine adequate yearly progress, as defined in 
     section 1111(b)(2)(C) of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 6311(b)(2)(C)), to evaluate 
     school performance, and guide the school improvement process, 
     such as--

       (I) student attendance and absenteeism;
       (II) earned on-time promotion rates from grade to grade;
       (III) percentage of students failing a mathematics, reading 
     or language arts, or science course, or failing 2 or more of 
     any courses;
       (IV) teacher quality and attendance measures;
       (V) in-school and out-of-school suspension or other 
     measurable evidence of at-risk behavior; and
       (VI) additional indicators proposed by the State 
     educational agency, and approved by the Secretary pursuant to 
     the peer-review process described in section 102(g).

       (vii) Ensure that such plan is coordinated with State 
     activities to turn around other schools in need of 
     improvement, including State activities to improve high 
     schools and elementary schools.
       (b) Permissible Activities.--A State educational agency 
     that receives a grant under this title may use the grant 
     funds to--
       (1) develop and encourage collaborations among researchers 
     at institutions of higher education, State educational 
     agencies, educational service agencies (as defined in section 
     9101 of the Elementary and Secondary Education Act of 1965 
     (20 U.S.C. 7801)), local educational agencies, and nonprofit 
     organizations with demonstrated expertise in high quality 
     middle grades interventions, to expand the use of effective 
     practices in the middle grades and to improve middle grades 
     education;
       (2) support local educational agencies in implementing 
     effective middle grades practices, models, and programs 
     that--
       (A) are evidence-based or, when available, scientifically 
     valid; and
       (B) lead to improved student academic achievement;
       (3) support collaborative communities of middle grades 
     teachers, administrators, and researchers in creating and 
     sustaining informational databases to disseminate results 
     from rigorous research on effective practices and programs 
     for middle grades education; and
       (4) increase middle grades student support services, such 
     as school counseling on the transition to high school and 
     planning for entry into postsecondary education and the 
     workforce.

     SEC. 104. COMPETITIVE SUBGRANTS TO IMPROVE LOW-PERFORMING 
                   MIDDLE GRADES.

       (a) In General.--A State educational agency that receives a 
     grant under this title shall make competitive subgrants to 
     eligible local educational agencies and eligible entities to 
     enable the eligible local educational agencies and eligible 
     entities to improve low-performing middle grades in schools 
     served by the agencies or entities.
       (b) Priorities.--In making subgrants under subsection (a), 
     a State educational agency shall give priority to eligible 
     local educational agencies or eligible entities based on--
       (1) the respective populations of children described in 
     section 102(c)(1) served by the eligible local educational 
     agencies participating in the subgrant application process; 
     and
       (2) the respective populations of children served by the 
     participating eligible local educational agencies who attend 
     eligible schools.
       (c) Application.--An eligible local educational agency or 
     eligible entity that desires to receive a subgrant under 
     subsection (a) shall submit an application to the State 
     educational agency at such time, in such manner, and 
     accompanied by such information as the State educational 
     agency may reasonably require, including--
       (1) a comprehensive schoolwide improvement plan described 
     in subsection (d);
       (2) a description of how activities described in such plan 
     will be coordinated with activities specified in plans for 
     schoolwide programs under section 1114 of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6314) and school 
     improvement plans required under section 1116(b)(3) of such 
     Act (20 U.S.C. 6316(b)(3)); and
       (3) a description of how activities described in such plan 
     will be complementary to, and coordinated with, school 
     improvement activities for elementary schools and high 
     schools in need of improvement that serve the same students 
     within the participating local educational agency.
       (d) Comprehensive Schoolwide Improvement Plan.--An eligible 
     local educational agency or eligible entity that desires to 
     receive a subgrant under subsection (a) shall develop a 
     comprehensive schoolwide improvement plan for the middle 
     grades that shall--
       (1) include the information described in subsection (c)(2);
       (2) describe how the eligible local educational agency or 
     eligible entity will--
       (A) identify eligible schools;
       (B) ensure that funds go to the highest priority eligible 
     schools first, based on the eligible schools' populations of 
     children described in section 102(c)(1);
       (C) use funds to improve the academic achievement of all 
     students, including English language learners and students 
     with disabilities, in eligible schools;
       (D) implement an early warning indicator and intervention 
     system to alert schools when students begin to exhibit 
     outcomes or behaviors that indicate the student is at 
     increased risk for low academic achievement or is unlikely to 
     progress to secondary school graduation, and to create a 
     system of evidence-based interventions to be used by schools 
     to effectively intervene, by--
       (i) identifying and analyzing, such as through the use of 
     longitudinal data of past cohorts of students, the academic 
     and behavioral indicators in the middle grades that most 
     reliably predict dropping out of high school, such as 
     attendance, behavior measures (including suspensions, officer 
     referrals, or conduct marks), academic performance in core 
     courses, and earned on-time promotion from grade-to-grade;
       (ii) analyzing student progress and performance on the 
     indicators identified under clause (i) to guide 
     decisionmaking;
       (iii) analyzing academic indicators to determine whether 
     students are on track to graduate on time, and developing 
     appropriate evidence-based intervention; and
       (iv) identifying or developing a mechanism for regularly 
     collecting and reporting--

       (I) student-level data on the indicators identified under 
     clause (i);
       (II) student-level progress and performance, as described 
     in clause (ii);
       (III) student-level data on the indicators described in 
     clause (iii); and
       (IV) information about the impact of interventions on 
     student outcomes and progress;

       (E) increase academic rigor and foster student engagement 
     to ensure students are entering high school prepared for 
     success in a rigorous college-ready curriculum, including a 
     description of how such readiness will be measured;
       (F) implement a systemic transition plan for all students 
     and encourage collaboration among elementary grades, middle 
     grades, and high school grades; and
       (G) provide evidence that the strategies, programs, 
     supports, and instructional practices proposed under the 
     schoolwide improvement plan are new and have not been 
     implemented before by the eligible local educational agency 
     or eligible entity; and
       (3) provide evidence of an ongoing commitment to sustain 
     the plan for a period of not less than 4 years.
       (e) Review and Selection of Subgrants.--In making subgrants 
     under subsection (a), the State educational agency shall--
       (1) establish a peer-review process to assist in the review 
     and approval of applications under subsection (c); and
       (2) appoint individuals to participate in the peer-review 
     process who are educators and experts in identifying, 
     evaluating, and implementing effective education programs and 
     practices, including areas of teaching and learning, 
     educational standards and assessments, school improvement, 
     and academic and behavioral supports for middle grades 
     students, including recognized exemplary middle grades 
     teachers and principals who have been recognized at the State 
     or national level for exemplary work or contributions to the 
     field.
       (f) Revision of Subgrants.--If a State educational agency, 
     using the peer-review process described in subsection (e), 
     determines that an application for a grant under subsection 
     (a) does not meet the requirements of this title, the State 
     educational agency shall

[[Page S7085]]

     notify the eligible local educational agency or eligible 
     entity of such determination and the reasons for such 
     determination, and offer--
       (1) the eligible local educational agency or eligible 
     entity an opportunity to revise and resubmit the application; 
     and
       (2) technical assistance to the eligible local educational 
     agency or eligible entity, by the State educational agency or 
     a nonprofit organization with demonstrated expertise in high 
     quality middle grades interventions, to revise the 
     application.
       (g) Mandatory Uses of Funds.--An eligible local educational 
     agency or eligible entity that receives a subgrant under 
     subsection (a) shall carry out the following:
       (1) Align the curricula for grades kindergarten through 12 
     for schools within the local educational agency to improve 
     transitions from elementary grades to middle grades to high 
     school grades.
       (2) In each eligible school served by the eligible local 
     educational agency receiving or participating in the 
     subgrant:
       (A) Align the curricula for all grade levels within 
     eligible schools to improve grade to grade transitions.
       (B) Implement evidence-based or, when available, 
     scientifically valid instructional strategies, programs, and 
     learning environments that meet the needs of all students and 
     ensure that school leaders and teachers receive professional 
     development on the use of these strategies.
       (C) Ensure that school leaders, teachers, pupil service 
     personnel, and other school staff understand the 
     developmental stages of adolescents in the middle grades and 
     how to deal with those stages appropriately in an educational 
     setting.
       (D) Implement organizational practices and school schedules 
     that allow for effective leadership, collaborative staff 
     participation, effective teacher teaming, and parent and 
     community involvement.
       (E) Create a more personalized and engaging learning 
     environment for middle grades students by developing a 
     personal academic plan for each student and assigning not 
     less than 1 adult to help monitor student progress.
       (F) Provide all students with information and assistance 
     about the requirements for high school graduation, college 
     admission, and career success.
       (G) Utilize data from an early warning indicator and 
     intervention system described in subsection (d)(2)(D) to 
     identify struggling students and assist the students as the 
     students transition from elementary school to middle grades 
     to high school.
       (H) Implement academic supports and effective and 
     coordinated additional assistance programs to ensure that 
     students have a strong foundation in reading, writing, 
     mathematics, and science skills.
       (I) Implement evidence-based or, when available, 
     scientifically valid schoolwide programs and targeted 
     supports to promote positive academic outcomes, such as 
     increased attendance rates and the promotion of physical, 
     personal, and social development.
       (J) Develop and use effective formative assessments to 
     inform instruction.
       (h) Permissible Uses of Funds.--An eligible local 
     educational agency or eligible entity that receives a 
     subgrant under subsection (a) may use the subgrant funds to 
     carry out the following:
       (1) Implement extended learning opportunities in core 
     academic areas including more instructional time in literacy, 
     mathematics, science, history, and civics in addition to 
     opportunities for language instruction and understanding 
     other cultures and the arts.
       (2) Provide evidence-based professional development 
     activities with specific benchmarks to enable teachers and 
     other school staff to appropriately monitor academic and 
     behavioral progress of, and modify curricula and implement 
     accommodations and assistive technology services for, 
     students with disabilities, consistent with the students' 
     individualized education programs under section 614(d) of the 
     Individuals with Disabilities Education Act (20 U.S.C. 
     1414(d)).
       (3) Employ and use instructional coaches, including 
     literacy, mathematics, and English language learner coaches.
       (4) Provide professional development for content-area 
     teachers on working effectively with English language 
     learners and students with disabilities, as well as 
     professional development for English as a second language 
     educators, bilingual educators, and special education 
     personnel.
       (5) Encourage and facilitate the sharing of data among 
     elementary grades, middle grades, high school grades, and 
     postsecondary educational institutions.
       (6) Create collaborative study groups composed of 
     principals or middle grades teachers, or both, among eligible 
     schools within the eligible local educational agency 
     receiving or participating in the subgrant, or between such 
     eligible local educational agency and another local 
     educational agency, with a focus on developing and sharing 
     methods to increase student learning and academic 
     achievement.
       (i) Planning Subgrants.--
       (1) In general.--In addition to the subgrants described in 
     subsection (a), a State educational agency may (without 
     regard to the preceding provisions of this section) make 
     planning subgrants, and provide technical assistance, to 
     eligible local educational agencies and eligible entities 
     that have not received a subgrant under subsection (a) to 
     assist the local educational agencies and eligible entities 
     in meeting the requirements of subsections (c) and (d).
       (2) Amount and duration.--Each subgrant under this 
     subsection shall be in an amount of not more than $100,000 
     and shall be for a period of not more than 1 year in 
     duration.

     SEC. 105. DURATION OF GRANTS; SUPPLEMENT NOT SUPPLANT.

       (a) Duration of Grants.--
       (1) In general.--Except as provided in paragraph (2), 
     grants under this title and subgrants under section 104(a) 
     may not exceed 3 years in duration.
       (2) Renewals.--
       (A) In general.--Grants and subgrants under this title may 
     be renewed in 2-year increments.
       (B) Conditions.--In order to be eligible to have a grant or 
     subgrant renewed under this paragraph, the grant or subgrant 
     recipient shall demonstrate, to the satisfaction of the 
     granting entity, that--
       (i) the recipient has complied with the terms of the grant 
     or subgrant, including by undertaking all required 
     activities; and
       (ii) during the period of the grant or subgrant, there has 
     been significant progress in--

       (I) student academic achievement, as measured by the annual 
     measurable objectives established pursuant to section 
     1111(b)(2)(C)(v) of the Elementary and Secondary Education 
     Act (20 U.S.C. 6311(b)(2)(C)(v)); and
       (II) other key risk factors such as attendance and on-time 
     promotion.

       (b) Federal Funds To Supplement, Not Supplant, Non-Federal 
     Funds.--
       (1) In general.--A State educational agency, eligible local 
     educational agency, or eligible entity shall use Federal 
     funds received under this title only to supplement the funds 
     that would, in the absence of such Federal funds, be made 
     available from non-Federal sources for the education of 
     pupils participating in programs assisted under this title, 
     and not to supplant such funds.
       (2) Special rule.--Nothing in this title shall be construed 
     to authorize an officer, employee, or contractor of the 
     Federal Government to mandate, direct, limit, or control a 
     State, local educational agency, or school's specific 
     instructional content, academic achievement standards and 
     assessments, curriculum, or program of instruction.

     SEC. 106. EVALUATION AND REPORTING.

       (a) Evaluation.--Not later than 180 days after the date of 
     enactment of this Act, and annually thereafter for the period 
     of the grant, each State receiving a grant under this title 
     shall--
       (1) conduct an evaluation of the State's progress regarding 
     the impact of the changes made to the policies and practices 
     of the State in accordance with this title, including--
       (A) a description of the specific changes made, or in the 
     process of being made, to policies and practices as a result 
     of the grant;
       (B) a discussion of any barriers hindering the identified 
     changes in policies and practices, and implementations 
     strategies to overcome such barriers;
       (C) evidence of the impact of changes to policies and 
     practices on behavior and actions at the local educational 
     agency and school level; and
       (D) evidence of the impact of the changes to State and 
     local policies and practices on improving measurable learning 
     gains by middle grades students;
       (2) use the results of the evaluation conducted under 
     paragraph (1) to adjust the policies and practices of the 
     State as necessary to achieve the purposes of this title; and
       (3) submit the results of the evaluation to the Secretary.
       (b) Availability.--The Secretary shall make the results of 
     each State's evaluation under subsection (a) available to 
     other States and local educational agencies.
       (c) Local Educational Agency Reporting.--On an annual 
     basis, each eligible local educational agency and eligible 
     entity receiving a subgrant under section 104(a) shall report 
     to the State educational agency and to the public on--
       (1) the performance on the school performance indicators 
     (as described in section 103(a)(4)(B)(vi)) for each eligible 
     school served by the eligible local educational agency or 
     eligible entity, in the aggregate and disaggregated by the 
     subgroups described in section 1111(b)(2)(C)(v)(II) of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6311(b)(2)(C)(v)(II)); and
       (2) the use of funds by the eligible local educational 
     agency or eligible entity and each such school.
       (d) State Educational Agency Reporting.--On an annual 
     basis, each State educational agency receiving grant funds 
     under this title shall report to the Secretary and to the 
     public on--
       (1) the performance of eligible schools in the State, based 
     on the school performance indicators described in section 
     103(a)(4)(B)(vi), in the aggregate and disaggregated by the 
     subgroups described in section 1111(b)(2)(C)(v)(II) of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6311(b)(2)(C)(v)(II)); and
       (2) the use of the funds by each eligible local educational 
     agency in the State and by each eligible school.
       (e) Report to Congress.--Every 2 years, the Secretary shall 
     report to the public and to Congress--

[[Page S7086]]

       (1) a summary of the State reports under subsection (d); 
     and
       (2) the use of funds by each State under this title.

     SEC. 107. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to carry out this 
     title $1,000,000,000 for fiscal year 2010 and such sums as 
     may be necessary for each of the 5 succeeding fiscal years.

                   TITLE II--RESEARCH RECOMMENDATIONS

     SEC. 201. PURPOSE.

       The purpose of this title is to facilitate the generation, 
     dissemination, and application of research needed to identify 
     and implement effective practices that lead to continual 
     student learning and high academic achievement in the middle 
     grades.

     SEC. 202. RESEARCH RECOMMENDATIONS.

       (a) Study on Promising Practices.--
       (1) In general.--Not later than 60 days after the date of 
     enactment of this Act, the Secretary shall enter into a 
     contract with the Center for Education of the National 
     Academies to study and identify promising practices for the 
     improvement of middle grades education.
       (2) Content of study.--The study described in paragraph (1) 
     shall identify promising practices currently being 
     implemented for the improvement of middle grades education. 
     The study shall be conducted in an open and transparent way 
     that provides interim information to the public about 
     criteria being used to identify--
       (A) promising practices;
       (B) the practices that are being considered; and
       (C) the kind of evidence needed to document effectiveness.
       (3) Report.--The contract entered into pursuant to this 
     subsection shall require that the Center for Education of the 
     National Academies submit to the Secretary, the Committee on 
     Health, Education, Labor, and Pensions of the Senate, and the 
     Committee on Education and Labor of the House of 
     Representatives a final report regarding the study conducted 
     under this subsection not later than 1 year after the date of 
     the commencement of the contract.
       (4) Publication.--The Secretary shall make public and post 
     on the website of the Department of Education the findings of 
     the study conducted under this subsection.
       (b) Synthesis Study of Effective Teaching and Learning in 
     Middle Grades.--
       (1) In general.--Not later than 60 days after the date of 
     enactment of this Act, the Secretary shall enter into a 
     contract with the Center for Education of the National 
     Academies to review existing research on middle grades 
     education, and on factors that might lead to increased 
     effectiveness and enhanced innovation in middle grades 
     education.
       (2) Content of study.--The study described in paragraph (1) 
     shall review research on education programs, practices, and 
     policies, as well as research on the cognitive, social, and 
     emotional development of children in the middle grades age 
     range, in order to provide an enriched understanding of the 
     factors that might lead to the development of innovative and 
     effective middle grades programs, practices, and policies. 
     The study shall focus on--
       (A) the areas of curriculum, instruction, and assessment 
     (including additional supports for students who are below 
     grade level in reading, writing, mathematics, and science, 
     and the identification of students with disabilities) to 
     better prepare all students for subsequent success in high 
     school, college, and cognitively challenging employment;
       (B) the quality of, and supports for, the teacher 
     workforce;
       (C) aspects of student behavioral and social development, 
     and of social interactions within schools that affect the 
     learning of academic content;
       (D) the ways in which schools and local educational 
     agencies are organized and operated that may be linked to 
     student outcomes;
       (E) how development and use of early warning indicator and 
     intervention systems can reduce risk factors for dropping out 
     of school and low academic achievement; and
       (F) identification of areas where further research and 
     evaluation may be needed on these topics to further the 
     development of effective middle grades practices.
       (3) Report.--The contract entered into pursuant to this 
     subsection shall require that the Center for Education of the 
     National Academies submit to the Secretary, the Committee on 
     Health, Education, Labor, and Pensions of the Senate, and the 
     Committee on Education and Labor of the House of 
     Representatives a final report regarding the study conducted 
     under this subsection not later than 2 years after the date 
     of commencement of the contract.
       (4) Publication.--The Secretary shall make public and post 
     on the website of the Department of Education the findings of 
     the study conducted under this subsection.
       (c) Other Activities.--The Secretary shall carry out each 
     of the following:
       (1) Create a national clearinghouse, in coordination with 
     entities such as What Works and the Doing What Works 
     Clearinghouses, for research in best practices in the middle 
     grades and in the approaches that successfully take those 
     best practices to scale in schools and local educational 
     agencies.
       (2) Create a national middle grades database accessible to 
     educational researchers, practitioners, and policymakers that 
     identifies school, classroom, and system-level factors that 
     facilitate or impede student academic achievement in the 
     middle grades.
       (3) Require the Institute of Education Sciences to develop 
     a strand of field-initiated and scientifically valid research 
     designed to enhance performance of schools serving middle 
     grades students, and of middle grades students who are most 
     at risk of educational failure, which may be coordinated with 
     the regional educational laboratories established under 
     section 174 of the Education Sciences Reform Act of 2002 (20 
     U.S.C. 9564), institutions of higher education, agencies 
     recognized for their research work that has been published in 
     peer-reviewed journals, and organizations that have such 
     regional educational laboratories. Such research shall target 
     specific issues such as--
       (A) effective practices for instruction and assessment in 
     mathematics, science, technology, and literacy;
       (B) academic interventions for adolescent English language 
     learners;
       (C) school improvement programs and strategies for closing 
     the academic achievement gap;
       (D) evidence-based or, when available, scientifically valid 
     professional development planning targeted to improve 
     pedagogy and student academic achievement;
       (E) the effects of increased learning or extended school 
     time in the middle grades; and
       (F) the effects of decreased class size or increased 
     instructional and support staff.
       (4) Strengthen the work of the existing national research 
     and development centers under section 133(c) of the Education 
     Sciences Reform Act of 2002 (20 U.S.C. 9533(c)), as of the 
     date of enactment of this Act, by adding an educational 
     research and development center dedicated to addressing--
       (A) curricular, instructional, and assessment issues 
     pertinent to the middle grades (such as mathematics, science, 
     technological fluency, the needs of English language 
     learners, and students with disabilities);
       (B) comprehensive reforms for low-performing middle grades; 
     and
       (C) other topics pertinent to improving the academic 
     achievement of middle grades students.
       (5) Provide grants to nonprofit organizations, for-profit 
     organizations, institutions of higher education, and others 
     to partner with State educational agencies and local 
     educational agencies to develop, adapt, or replicate 
     effective models for turning around low-performing middle 
     grades.

     SEC. 203. AUTHORIZATION OF APPROPRIATIONS; RESERVATIONS.

       (a) Authorization.--There are authorized to be appropriated 
     to carry out this title $100,000,000 for fiscal year 2010 and 
     such sums as may be necessary for each of the 5 succeeding 
     fiscal years.
       (b) Reservations.--From the total amount made available to 
     carry out this title, the Secretary shall reserve--
       (1) 2.5 percent for the studies described in subsections 
     (a) and (b) of section 202;
       (2) 5 percent for the clearinghouse described in section 
     202(c)(1);
       (3) 5 percent for the database described in section 
     202(c)(2);
       (4) 42.5 percent for the activities described in section 
     202(c)(3);
       (5) 15 percent for the activities described in section 
     202(c)(4); and
       (6) 30 percent for the activities described in section 
     202(c)(5).
                                 ______