[Congressional Record Volume 156, Number 133 (Wednesday, September 29, 2010)]
[Senate]
[Pages S7799-S7801]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LIEBERMAN:
  S. 3885. A bill to provide incentives for States and local 
educational agencies to implement comprehensive reforms and innovative 
strategies that are designed to lead to significant improvement in 
outcomes for all students and significant reductions in achievement 
gaps among subgroups of students, and for other purposes; to the 
Committee on Health, Education, Labor, and Pensions.
  Mr. LIEBERMAN. Mr. President, I rise today to introduce the Race to 
the Top Act of 2010. Congressman Jared Polis is introducing companion 
legislation in the House today. The Race to the Top Act will authorize 
the continuation of the highly successful Race to the Top, RTTT, 
program which was established by the American Recovery and Reinvestment 
Act, and expand that program to school districts. RTTT calls for 
competitive grants from states and school districts that invest in bold 
educational reforms designed to bring about significant improvement in 
academic outcomes for all students and significant reductions in 
achievement gaps. Our bill will authorize the act for 2011 and the 
succeeding 5 years.
  When No Child Left Behind, NCLB, was signed into law 9 years ago, we 
made a national commitment to fix our educational system--a system in 
which low-income minority students were performing significantly below 
their higher-income peers. We made a commitment to bring an end to 
unacceptable achievement gaps and to ensure that each and every child--
regardless of race, nationality or family income--could succeed in our 
public schools and graduate with the skills necessary for success in 
college or the workforce. Despite the commitments we made, unacceptable 
achievement gaps persist in our country today. Still today our public 
schools are not preparing our students to succeed in college and the 
workforce. Each year, 30 percent of American students fail to receive 
their high school diploma on time, and graduation rates are 
consistently lower for minority students. One-third of our students who 
do graduate from high school are not college ready, and in 
international standardized tests involving students from 30 nations, 
14-year-olds in the United States rank 25th in mathematics and 21st in 
science. Improving public education and closing student achievement 
gaps remains one of the most important issues of our time. We have made 
some progress, but until we have equal and excellent educational 
opportunities for all of our children, regardless of ethnicity or 
income, we have not done our job. While, in many ways, NCLB moved us in 
the right direction, it needs to be updated. I believe the time is long 
overdue for Congress to tackle reauthorization of the Elementary and 
Secondary Education Act, which was the underlying law to NCLB, and 
continuing the Race to the Top program should be part of this debate.
  The positive impact of RTTT, in a very short period of time, is 
evident and impressive. We have engaged states, school districts, 
unions, teachers, parents, and students in the mission of a better 
education for all of our children. RTTT has without a doubt helped to 
focus the country's attention on school reform.
  The competition for RTTT money has already had a significant impact 
on state and local educational policies across the nation. It has 
incentivized states to implement high, internationally benchmarked, 
core standards and to create a positive climate for public charter 
schools. RTTT recognizes the essential role teachers play in education 
and has prompted states to get serious about teacher effectiveness, 
distribution, evaluation, and accountability. And RTTT has prompted 
states to improve policies aimed at turning around America's lowest 
performing schools. In sum, RTTT has encouraged states to make real 
progress towards closing the unacceptable achievement gaps that persist 
and to improve the state of public education for all students.

  Under Race to the Tops: 46 States and DC developed statewide reform 
plans; 15 States changed laws to increase their ability to intervene in 
their lowest performing schools; 22 States enacted laws to improve 
teacher quality, including alternative certification, effectiveness and 
evaluation systems; 36 States and DC have adopted high college- and 
career-ready standards; 15 States have altered laws or policies to 
create or expand the number of charter schools.
  RTTT is working. We know it is benefiting states that were successful 
in receiving funds but it is also working for states that did not 
receive funds, simply because those states have already enacted changes 
that will improve education. Many States remain committed to their new 
educational reforms regardless of their success in achieving RTTT 
funding. Students in many States will be better off because of the 
important policy changes enacted as a result of RTTT. Rarely have we 
witnessed so much change in educational policy in such a short period 
of time.
  I know some officials in my home state, Connecticut, were 
disappointed about not being selected as a RTTT winner. But I do 
believe the children in Connecticut were winners because we have 
strengthened our state laws, policies, and curriculum to lift our 
charter school caps, improve STEM education,

[[Page S7800]]

and strengthen our teacher evaluation process. I commend the state and 
local leaders that collaborated in the process. If we continue the RTTT 
program, as our bill would do, more States, and now districts, will be 
winners and we can continue this movement towards important educational 
reform.
  RTTT has been an effective catalyst for educational reform and has 
encouraged all stakeholders in states to come together and work 
together to improve state agendas. It is essential that we keep the 
momentum of the first two waves of Race to the Top moving forward. 
Since our goal is to make all schools high quality schools, the real 
winner in the RTTT competition will be the students across America.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objecion, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3885

       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 ``Race to the Top Act of 
     2010''.

     SEC. 2. RACE TO THE TOP.

       (a) In General.--Title VI of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 7301 et seq.) is amended--
       (1) by redesignating part C as part D;
       (2) by redesignating sections 6301 and 6302 as sections 
     6401 and 6402, respectively; and
       (3) by inserting after part B the following:

                       ``PART C--RACE TO THE TOP

     ``SEC. 6301. PURPOSES.

       ``The purposes of this part are to--
       ``(1) provide incentives for States and local educational 
     agencies to implement comprehensive reforms and innovative 
     strategies that are designed to lead to--
       ``(A) significant improvements in outcomes for all 
     students, including improvements in student achievement, 
     secondary school graduation rates, postsecondary education 
     enrollment rates. and rates of postsecondary education 
     persistence; and
       ``(B) significant reductions in achievement gaps among 
     subgroups of students; and
       ``(2) encourage the broad identification, adoption, use, 
     dissemination, replication, and expansion of effective State 
     and local policies and practices that lead to significant 
     improvement in outcomes for all students, and the elimination 
     of those policies and practices that are not effective in 
     improving student outcomes.

     ``SEC. 6302. RESERVATION OF FUNDS.

       ``From the amounts made available under section 6308 for a 
     fiscal year, the Secretary may reserve not more than 10 
     percent to carry out activities related to technical 
     assistance, monitoring, outreach, dissemination, and prize 
     awards that support the purposes of this part.

     ``SEC. 6303. PROGRAM AUTHORIZED.

       ``(a) In General.--From the amounts made available under 
     section 6308 for a fiscal year and not reserved under section 
     6302, the Secretary shall award grants, on a competitive 
     basis, to States or local educational agencies, or both, in 
     accordance with section 6304(b), to enable the States or 
     local educational agencies to carry out the purposes of this 
     part.
       ``(b) Grant and Subgrant Eligibility Limitations.--
       ``(1) ARRA state incentive grants.--A State that has 
     received a grant under section 14006 of division A of the 
     American Recovery and Reinvestment Act of 2009 (Public Law 
     111-5; 123 Stat. 283) may not receive a grant under this part 
     during the period of its grant under such section.
       ``(2) Number of grants.--A State or local educational 
     agency may not receive more than 1 grant under this part per 
     grant period.
       ``(3) Number of subgrants.--A local educational agency may 
     receive 1 grant and 1 subgrant under this part for the same 
     fiscal year.
       ``(c) Duration of Grants.--
       ``(1) In general.--A grant under this part shall be awarded 
     for a period of not more than 4 years.
       ``(2) Continuation of grants.--A State or local educational 
     agency that is awarded a grant under this part shall not 
     receive grant funds under this part for the second or any 
     subsequent year of the grant unless the State or local 
     educational agency demonstrates to the Secretary, at such 
     time and in such manner as determined by the Secretary, that 
     the State or local educational agency, respectively, is--
       ``(A) making progress in implementing the plan under 
     section 6304(a)(3) at a rate that the Secretary determines 
     will result in the State or agency fully implementing such 
     plan during the remainder of the grant period; or
       ``(B) making progress against the performance measures set 
     forth in section 6305 at a rate that the Secretary determines 
     will result in the State or agency reaching its targets and 
     achieving the objectives of the grant during the remainder of 
     the grant period.

     ``SEC. 6304. APPLICATIONS.

       ``(a) Applications.--Each State or local educational agency 
     that desires to receive 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 
     reasonably require. At a minimum, each such application shall 
     include--
       ``(1) documentation of the applicant's record, as 
     applicable--
       ``(A) in increasing student achievement, including for all 
     subgroups described in section 1111(b)(2)(C)(v)(II);
       ``(B) in decreasing achievement gaps, including for all 
     subgroups described in section 1111(b)(2)(C)(v)(II);
       ``(C) in increasing secondary school graduation rates, 
     including for all subgroups described in section 
     1111(b)(2)(C)(v)(II);
       ``(D) in increasing postsecondary education enrollment and 
     persistence rates, including for all subgroups described in 
     section 1111(b)(2)(C)(v)(II); and
       ``(E) with respect to any other performance measure 
     described in section 6305 that is not included in 
     subparagraphs (A) through (D);
       ``(2) evidence of conditions of innovation and reform that 
     the applicant has established and the applicant's proposed 
     plan for implementing additional conditions for innovation 
     and reform, including--
       ``(A) a description of how the applicant has identified and 
     eliminated ineffective practices in the past and the 
     applicant's plan for doing so in the future;
       ``(B) a description of how the applicant has identified and 
     promoted effective practices in the past and the applicant's 
     plan for doing so in the future; and
       ``(C) steps the applicant has taken and will take to 
     eliminate statutory, regulatory, procedural, or other 
     barriers and to facilitate the full implementation of the 
     proposed plan under this paragraph;
       ``(3) a comprehensive and coherent plan for using funds 
     under this part, and other Federal, State, and local funds, 
     to improve the applicant's performance on the measures 
     described in section 6305, consistent with criteria set forth 
     by the Secretary, including how the applicant will, if 
     applicable--
       ``(A) improve the effectiveness of teachers and school 
     leaders, and promote equity in the distribution of effective 
     teachers and school leaders, in order to ensure that low-
     income and minority children are not taught by ineffective 
     teachers, and are not in schools led by ineffective leaders, 
     at higher rates than other children;
       ``(B) strengthen the use of high-quality and timely data to 
     improve instructional practices, policies, and student 
     outcomes, including teacher evaluations;
       ``(C) implement internationally benchmarked, college- and 
     career-ready elementary and secondary academic standards, 
     including in the areas of assessment, instructional 
     materials, professional development, and strategies that 
     translate the standards into classroom practice;
       ``(D) turn around the persistently lowest-achieving 
     elementary schools and secondary schools served by the 
     applicant;
       ``(E) support or coordinate with early learning programs 
     for high-need children from birth through grade 3 to improve 
     school readiness and ensure that students complete grade 3 on 
     track for school success; and
       ``(F) create or maintain successful conditions for high-
     performing charter schools and other innovative, autonomous 
     public schools;
       ``(4)(A) in the case of an applicant that is a State--
       ``(i) evidence of collaboration between the State, its 
     local educational agencies, schools (as appropriate), 
     parents, teachers, and other stakeholders, in developing the 
     plan described in paragraph (3), including evidence of the 
     commitment and capacity to implement the plan; and
       ``(ii)(I) the names of the local educational agencies the 
     State has selected to participate in carrying out the plan; 
     or
       ``(II) a description of how the State will select local 
     educational agencies to participate in carrying out the plan; 
     or
       ``(B) in the case of an applicant that is a local 
     educational agency, evidence of collaboration between the 
     local educational agency, schools, parents, teachers, and 
     other stakeholders, in developing the plan described in 
     paragraph (3), including evidence of the commitment and 
     capacity to implement the plan;
       ``(5) the applicant's annual performance measures and 
     targets, consistent with the requirements of section 6305; 
     and
       ``(6) a description of the applicant's plan to conduct a 
     rigorous evaluation of the effectiveness of activities 
     carried out with funds under this part.
       ``(b) Criteria for Evaluating Applications.--
       ``(1) Award basis.--The Secretary shall award grants under 
     this part on a competitive basis, based on the quality of the 
     applications submitted under subsection (a), including--
       ``(A) each applicant's record in the areas described in 
     subsection (a)(1);
       ``(B) each applicant's record of, and commitment to, 
     establishing conditions for innovation and reform, as 
     described in subsection (a)(2);
       ``(C) the quality and likelihood of success of each 
     applicant's plan described in subsection (a)(3) in showing 
     improvement in the areas described in subsection (a)(1), 
     including each applicant's capacity to implement the plan and 
     evidence of collaboration as described in subsection (a)(4); 
     and
       ``(D) each applicant's evaluation plan as described in 
     subsection (a)(6).

[[Page S7801]]

       ``(2) Explanation.--The Secretary shall publish an 
     explanation of how the application review process under this 
     section will ensure an equitable and objective evaluation 
     based on the criteria described in paragraph (1).
       ``(c) Priority.--In awarding grants to local educational 
     agencies under this part, the Secretary shall give priority 
     to--
       ``(1) local educational agencies with the highest numbers 
     or percentages of children from families with incomes below 
     the poverty line; and
       ``(2) local educational agencies that serve schools 
     designated with a school locale code of 41, 42, or 43.

     ``SEC. 6305. PERFORMANCE MEASURES.

       ``Each State and each local educational agency receiving a 
     grant under this part shall establish performance measures 
     and targets, approved by the Secretary, for the programs and 
     activities carried out under this part. These measures shall, 
     at a minimum, track the State's or local educational agency's 
     progress in--
       ``(1) implementing its plan described in section 
     6304(a)(3); and
       ``(2) improving outcomes for all subgroups described in 
     section 1111(b)(2)(C)(v)(II) including, as applicable, by--
       ``(A) increasing student achievement;
       ``(B) decreasing achievement gaps;
       ``(C) increasing secondary school graduation rates;
       ``(D) increasing postsecondary education enrollment and 
     persistence rates;
       ``(E)(i) improving the effectiveness of teachers and school 
     leaders, increasing the retention of effective teachers and 
     school leaders; and
       ``(ii) promoting equity in the distribution of effective 
     teachers and school leaders in order to ensure that low-
     income and minority children are not taught by ineffective 
     teachers, and are not in schools led by ineffective leaders, 
     at higher rates than other children; and
       ``(F) making progress on any other measures identified by 
     the Secretary.

     ``SEC. 6306. USES OF FUNDS.

       ``(a) Grants to States.--Each State that receives a grant 
     under this part shall use--
       ``(1) not less than 50 percent of the grant funds to make 
     subgrants to the local educational agencies in the State that 
     participate in the State's plan under section 6304(a)(3), 
     based on such local educational agencies' relative shares of 
     funds under part A of title I for the most recent year for 
     which those data are available; and
       ``(2) not more than 50 percent of the grant funds for any 
     purpose included in the State's plan under section 
     6304(a)(3).
       ``(b) Grants to Local Educational Agencies.--Each local 
     educational agency that receives a grant under this part 
     shall use the grant funds for any purpose included in the 
     local educational agency's plan under section 6304(a)(3).
       ``(c) Subgrants to Local Educational Agencies.--Each local 
     educational agency that receives a subgrant under this part 
     from a State shall use the subgrant funds for any purpose 
     included in the State's plan under section 6304(a)(3).

     ``SEC. 6307. REPORTING.

       ``(a) Annual Reports.--A State or local educational agency 
     that receives a grant under this part shall submit to the 
     Secretary, at such time and in such manner as the Secretary 
     may require, an annual report including--
       ``(1) data on the State's or local educational agency's 
     progress in achieving the targets for the performance 
     measures established under section 6305;
       ``(2) a description of the challenges the State or agency 
     has faced in implementing its program and how it has 
     addressed or plans to address those challenges; and
       ``(3) findings from the evaluation plan as described in 
     section 6304(a)(6).
       ``(b) Local Reports.--Each local educational agency that 
     receives a subgrant from a State under this part shall submit 
     to the State such information as the State may require to 
     complete the annual report required under subsection (a).

     ``SEC. 6308. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     part $1,350,000,000 for fiscal year 2011 and such sums as may 
     be necessary for each of the 5 succeeding fiscal years.''.
       (b) Conforming Amendments.--The table of contents for the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C.7301 
     et seq.) is amended--
       (1) by striking the items relating to part C of title VI; 
     and
       (2) by inserting after the item relating to section 6234 
     the following:

                       ``Part C--Race to the Top

``Sec. 6301. Purposes.
``Sec. 6302. Reservation of funds.
``Sec. 6303. Program authorized.
``Sec. 6304. Applications.
``Sec. 6305. Performance measures.
``Sec. 6306. Uses of funds.
``Sec. 6307. Reporting.
``Sec. 6308. Authorization of appropriations.

                      ``Part D--General Provisions

``Sec. 6401. Prohibition against Federal mandates, direction, or 
              control.
``Sec. 6402. Rule of construction on equalized spending.''.
                                 ______