[Congressional Record Volume 157, Number 147 (Tuesday, October 4, 2011)]
[Senate]
[Pages S6091-S6095]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. CORNYN (for himself and Mr. Harkin):
  S. 1644. A bill to amend the Internal Revenue Code of 1986 to expand 
workplace health incentives by equalizing the tax consequences of 
employee athletic facility use; to the Committee on Finance.
  Mr. CORNYN. Mr. President, I rise to introduce the Workforce Health 
Improvement Program Act of 2011, otherwise known as the WHIP Act. I am 
very pleased to be joined again by my good friend and colleague, 
Senator Tom Harkin, who shares my commitment to helping keep America 
fit.
  Public health experts unanimously agree that people who maintain 
active and healthy lifestyles dramatically reduce their risk of 
contracting chronic diseases. And as the government works to reign in 
the high cost of health care, it is worth talking about what we all can 
do to help ourselves. As you know, prevention is key, and exercise is a 
primary component in the prevention of many adverse health conditions 
that can arise over one's lifetime. A physically fit population helps 
to decrease health-care costs, reduce governmental spending, reduce 
illnesses, and improve worker productivity.
  According to the Centers for Disease Control and Prevention, CDC, the 
economic cost alone to businesses in the form of health insurance and 
absenteeism is more that $15 billion. Additionally, the CDC estimates 
that more than one-third of all U.S. adults fail to meet minimum 
recommendations for aerobic physical activity. With physical inactivity 
being a key contributing factor to overweight and obesity, and 
adversely affecting workforce productivity, we quite simply need to do 
more to help employers encourage exercise.
  Given the tremendous benefits exercise provides, I believe Congress 
has a duty to create as many incentives as possible to get Americans 
off the couch, up, and moving.
  With this in mind, I am reintroducing the WHIP Act.
  Current law already permits businesses to deduct the cost of on-site 
workout facilities, which are provided for the benefit of employees on 
a pre-tax basis. But if a business wants or needs to outsource these 
health benefits, they and/or their employees are required to bear the 
full cost. In other words, employees who receive off-site fitness 
center subsidies are required to pay income tax on the benefits, and 
their employers bear the associated administrative costs of complying 
with the IRS rules.
  The WHIP Act would correct this inequity in the tax code to the 
benefit of many smaller businesses and their employees. Specifically, 
it would provide an employer's right to deduct up to $900 of the cost 
of providing health club benefits off-site for their employees. In 
addition, the employer's contribution to the cost of the health club 
fees would not be taxable income for employees--creating an incentive 
for more employers to contribute to the health and welfare of their 
employees.
  The WHIP Act is an important step in reversing the largely 
preventable

[[Page S6092]]

health crisis that our country is facing, through the promotion of 
physical activity and disease prevention. It is a critical component of 
America's health care policy: prevention. It will improve our nation's 
quality of life by promoting physical activity and preventing disease.
  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. 1644

       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 ``Workforce Health Improvement 
     Program Act of 2011''.

     SEC. 2. EMPLOYER-PROVIDED OFF-PREMISES HEALTH CLUB SERVICES.

       (a) Treatment as Fringe Benefit.--Subparagraph (A) of 
     section 132(j)(4) of the Internal Revenue Code of 1986 
     (relating to on-premises gyms and other athletic facilities) 
     is amended to read as follows:
       ``(A) In general.--Gross income shall not include--
       ``(i) the value of any on-premises athletic facility 
     provided by an employer to its employees, and
       ``(ii) so much of the fees, dues, or membership expenses 
     paid by an employer to an athletic or fitness facility 
     described in subparagraph (C) on behalf of its employees as 
     does not exceed $900 per employee per year.''.
       (b) Athletic Facilities Described.--Paragraph (4) of 
     section 132(j) of the Internal Revenue Code of 1986 (relating 
     to special rules) is amended by adding at the end the 
     following new subparagraph:
       ``(C) Certain athletic or fitness facilities described.--
     For purposes of subparagraph (A)(ii), an athletic or fitness 
     facility described in this subparagraph is a facility--
       ``(i) which provides instruction in a program of physical 
     exercise, offers facilities for the preservation, 
     maintenance, encouragement, or development of physical 
     fitness, or is the site of such a program of a State or local 
     government,
       ``(ii) which is not a private club owned and operated by 
     its members,
       ``(iii) which does not offer golf, hunting, sailing, or 
     riding facilities,
       ``(iv) whose health or fitness facility is not incidental 
     to its overall function and purpose, and
       ``(v) which is fully compliant with the State of 
     jurisdiction and Federal anti-discrimination laws.''.
       (c) Exclusion Applies to Highly Compensated Employees Only 
     if No Discrimination.--Section 132(j)(1) of the Internal 
     Revenue Code of 1986 is amended--
       (1) by striking ``Paragraphs (1) and (2) of subsection 
     (a)'' and inserting ``Subsections (a)(1), (a)(2), and 
     (j)(4)'', and
       (2) by striking the heading thereof through ``(2) apply'' 
     and inserting ``Certain exclusions apply''.
       (d) Employer Deduction for Dues to Certain Athletic 
     Facilities.--
       (1) In general.--Paragraph (3) of section 274(a) of the 
     Internal Revenue Code of 1986 (relating to denial of 
     deduction for club dues) is amended by adding at the end the 
     following new sentence: ``The preceding sentence shall not 
     apply to so much of the fees, dues, or membership expenses 
     paid to athletic or fitness facilities (within the meaning of 
     section 132(j)(4)(C)) as does not exceed $900 per employee 
     per year.''.
       (2) Conforming amendment.--The last sentence of section 
     274(e)(4) of such Code is amended by inserting ``the first 
     sentence of'' before ``subsection (a)(3)''.
       (e) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after the date of the 
     enactment of this Act.
                                 ______
                                 
      By Mr. BAUCUS:
  S. 1649. A bill to amend the provisions of title 5, United States 
Code, relating to the methodology for calculating the amount of any 
Postal surplus or supplemental liability under the Civil Service 
Retirement System, and for other purposes; to the Committee on Homeland 
Security and Governmental Affairs.
  Mr. BAUCUS. 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. 1649

       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 ``United States Postal Service 
     Pension Obligation Recalculation and Restoration Act of 
     2011''.

     SEC. 2. MODIFIED METHODOLOGY.

       (a) In General.--Section 8348(h) of title 5, United States 
     Code, is amended by adding at the end the following:
       ``(4)(A) To the extent that a determination under paragraph 
     (1), relating to benefits attributable to civilian employment 
     with the United States Postal Service, is based on any 
     provision of law described in subparagraph (C), such 
     determination shall be made in accordance with such provision 
     and any otherwise applicable provisions of law, subject to 
     the following:
       ``(i) The `average pay' used in the case of any individual 
     shall be a single amount, determined in accordance with 
     section 8331(4), taking into account the rates of basic pay 
     in effect for such individual during the periods of 
     creditable service performed by such individual. Nothing in 
     this subsection shall be considered to permit or require--
       ``(I) one determination of average pay with respect to 
     service performed with the United States Postal Service; and
       ``(II) a separate determination of average pay with respect 
     to service performed with its predecessor entity in function.
       ``(ii) In determining the portion of an annuity 
     attributable to civilian employment with the United States 
     Postal Service, with respect to any period of employment with 
     the United States Postal Service that follows any other 
     period of employment creditable under section 8332 (without 
     regard to whether such employment was with an entity referred 
     to in clause (i)(II)), the total service of an employee for 
     purposes of any provision of law described in subparagraph 
     (C) shall be the sum of--
       ``(I) any period of employment with the United States 
     Postal Service; and
       ``(II) any period of employment creditable under section 
     8332 that precedes the period described in subclause (I).
       ``(B)(i) Not later than 6 months after the date of 
     enactment of this paragraph, the Office shall determine (or, 
     if applicable, redetermine) the amount of the Postal surplus 
     or supplemental liability as of the close of the fiscal year 
     most recently ending before such date of enactment, in 
     conformance with the methodology required under subparagraph 
     (A).
       ``(ii)(I) If the result of the determination or 
     redetermination under clause (i) is a surplus, the Office 
     shall transfer the amount of such surplus to the Postal 
     Service Retiree Health Benefits Fund not later than 15 days 
     after the date of such determination or redetermination.
       ``(II) If a determination or redetermination under clause 
     (i) for a fiscal year is made before the Office makes a 
     redetermination under paragraph (2)(B) with respect to the 
     fiscal year, the Office may not make a determination under 
     paragraph (2)(B) with respect to the fiscal year.
       ``(C) The provisions of law described in this subparagraph 
     are--
       ``(i) the first sentence of section 8339(a); and
       ``(ii) section 8339(d)(1).
       ``(5) For purposes of this subsection--
       ``(A) the term `Postal Service Retiree Health Benefits 
     Fund' means the fund established under section 8909a; and
       ``(B) the term `Postal Service Fund' means the fund 
     established under section 2003 of title 39.''.
       (b) Coordination Provisions.--
       (1) Amendment.--Section 8909a of title 5, United States 
     Code, is amended by adding at the end the following:
       ``(e) Notwithstanding any other provision of law, the 
     amount payable by the Postal Service under subsection (d) in 
     any fiscal year ending on or before September 30, 2021, shall 
     be determined without regard to the requirements under 
     section 8348(h)(4).''.
       (2) Rule of construction.--Nothing in this Act, or an 
     amendment made by this Act, shall be construed to affect the 
     amount of any benefits otherwise payable from the Civil 
     Service Retirement and Disability Fund to any individual.
       (c) Technical Amendment.--The heading for section 8909a of 
     title 5, United States Code, is amended by striking 
     ``Benefit'' and inserting ``Benefits''.

     SEC. 3. ADDITIONAL PROVISIONS.

       (a) In General.--Section 8348(h)(2) of title 5, United 
     States Code, is amended by adding at the end the following:
       ``(F) Notwithstanding any other provision of this 
     subsection, for purposes of determining the Postal surplus or 
     supplemental liability for each of fiscal years 2016, 2017, 
     2018, 2019, and 2020--
       ``(i) paragraph (4)(A) shall not apply to a determination 
     under paragraph (1); and
       ``(ii) the determination under paragraph (1) shall be made 
     by applying the methodology that was used to carry out this 
     paragraph with respect to the fiscal year preceding the 
     fiscal year referred to in paragraph (4)(B)(i).''.
       (b) Relating to a Postal Surplus.--Section 8348(h)(2)(C) of 
     title 5, United States Code, is amended--
       (1) by inserting ``2021,'' after ``2015,''; and
       (2) by striking ``if the result is'' and all that follows 
     through ``terminated.'' and inserting the following: ``if the 
     result is a surplus--
       ``(i) that amount shall be transferred--
       ``(I) to the Postal Service Retiree Health Benefits Fund, 
     if the surplus is for fiscal year 2020 or a preceding fiscal 
     year; and
       ``(II) to the Postal Service Fund, if the surplus is for 
     fiscal year 2021 or a subsequent fiscal year; and
       ``(ii) any prior amortization schedule for payments shall 
     be terminated.''.

     SEC. 4. TREATMENT OF CERTAIN SURPLUS RETIREMENT 
                   CONTRIBUTIONS.

       Section 8423(b) of title 5, United States Code, is 
     amended--
       (1) by redesignating paragraph (5) as paragraph (6); and
       (2) by inserting after paragraph (4) the following:

[[Page S6093]]

       ``(5) If, for fiscal year 2010, the amount computed under 
     paragraph (1)(B) is less than zero (in this section referred 
     to as `surplus postal contributions'), the amount of such 
     surplus postal contributions shall be transferred--
       ``(A) to the Postal Service Retiree Health Benefits Fund to 
     pay any liability to the Postal Service Retiree Health 
     Benefits Fund for fiscal year 2011;
       ``(B) if all liability to the Postal Service Retiree Health 
     Benefits Fund for fiscal year 2011 has been paid, to the 
     Employees' Compensation Fund established under section 8147; 
     and
       ``(C) if all liability of the United States Postal Service 
     to the Employees' Compensation Fund has been paid, to the 
     United States Postal Service for the repayment of any 
     obligation issued under section 2005 of title 39.''.

     SEC. 5. RURAL POST OFFICES.

       Section 404(d) of title 39, United States Code, is amended 
     by adding at the end the following:
       ``(7) Notwithstanding any other provision of this 
     subsection, in making any determination under subsection 
     (a)(3) as to the necessity for the closing or consolidation 
     of any post office, the Postal Service may not close any post 
     office which is located more than 10 miles from any other 
     post office.''.

     SEC. 6. EFFECTIVE DATE.

       (a) In General.--This Act and the amendments made by this 
     Act shall take effect on the date of enactment of this Act.
       (b) Intent of Congress.--It is the intent of Congress that 
     this Act apply with respect to the allocation of past, 
     present, and future benefit liabilities between the United 
     States Postal Service and the Treasury of the United States.
                                 ______
                                 
      By Mr. UDALL of Colorado (for himself and Mr. Bennet):
  S. 1654. A bill to establish an alternative accountability model; to 
the Committee on Health, Education, Labor, and Pensions.
  Mr. UDALL of Colorado. Mr. President, I come to the floor to speak 
about a Colorado common-sense approach to solving a national problem 
facing schools because of the current No Child Left Behind, NCLB law. 
Today, I am introducing the Growth to Excellence Act, along with my 
friend and colleague Senator Bennet.
  In my travels across the great state of Colorado, educators from 
Pueblo to Grand Junction have shared with me the difficulties and 
cumbersome burdens placed on them by NCLB. Although well-intentioned, 
NCLB has continued to suffer from under-funding and poor 
implementation, which have in turn hurt our nation's students.
  A major component of the current law is the measurement of Annual 
Yearly Progress, or AYP for short, for a group of students. Current law 
requires States to compare one year's class of students to the next 
year's class, and it fails to measure the progress of individual 
students over time.
  This is problematic for schools because it doesn't adequately 
represent true educational progress, focusing instead on anonymous 
students' test scores. Likewise, the information is meaningless to 
parents and students because it does not properly measure individual 
students' growth over time. Unfortunately, under current law, schools 
are punished when such groups of students do not meet the required 
level of AYP, even if individual students actually displayed 
substantial growth over that time. Our bill would fix that.
  Using the nationally recognized Colorado Growth Model as its 
inspiration, the Growth to Excellence Act would amend current law to 
allow all states to move toward an accountability system that measures 
student growth rates together with their attainment of college and 
career readiness. Growth models, which track students from year to 
year, provide schools, parents, teachers, and students alike with the 
information they need to see where individual student improvements have 
been made and where there is still room for continued learning.
  This legislation, I believe, will provide a proven system of tracking 
actual student growth aimed at preparing our students for college and 
for their careers, without unnecessarily punishing schools in a one-
size-fits-all approach. This will ultimately improve accountability 
standards for teachers, principals and school systems nationwide as it 
will provide us with the data we need to ensure America's students are 
prepared to win the global economic race in the 21st Century.
  As Congress continues its important work on the reauthorization of 
the Elementary and Secondary Education Act, I urge my colleagues to 
join both Senator Bennet and me in supporting the Growth to Excellence 
Act.
  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. 1654

       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 ``Growth to Excellence Act of 
     2011''.

     SEC. 2. ACCOUNTABILITY MODEL.

       Section 1111(b) of the Elementary and Secondary Education 
     Act of 1965 (20 U.S.C. 6311(b)) is amended--
       (1) in paragraph (3), by adding at the end the following:
       ``(E) Assessments above and below grade level.--
       ``(i) In general.--Notwithstanding any other requirement of 
     this paragraph, a State may carry out this paragraph through 
     the use of adaptive assessments that--

       ``(I) are administered through a computerized means;
       ``(II) are aligned with grade-level academic content 
     standards; and
       ``(III) measure academic growth above and below grade 
     level.

       ``(ii) Requirements for adaptive assessments.--For the 
     results of any adaptive assessment to be included in the 
     accountability model described under paragraph (12), such 
     results must provide the information necessary to determine 
     adequate student growth in accordance with paragraph 
     (12)(C)(i).''; and
       (2) by adding at the end the following:
       ``(11) Criteria and implementation of accountability 
     model.--
       ``(A) In general.--
       ``(i) Transitional participation.--Prior to a State's 
     adoption of college and career ready academic content 
     standards and college and career ready assessments, as 
     defined in subparagraphs (B) and (C) of paragraph (13), a 
     State may apply to the Secretary to replace the State plan 
     requirements under paragraph (2) with the accountability 
     requirements under paragraph (12).
       ``(ii) Required participation.--After the adoption of 
     college and career ready academic content standards and 
     college and career ready assessments, as defined in 
     subparagraphs (B) and (C) of paragraph (13) and required 
     under this subsection--

       ``(I) a State shall comply with this paragraph and 
     paragraph (12) in lieu of paragraph (2); and
       ``(II) references in this Act to section 1111(b)(2) shall 
     be deemed to be references to this paragraph and paragraph 
     (12).

       ``(B) Criteria.--A State that participates in the 
     accountability model described in paragraph (12) shall carry 
     out the following activities:
       ``(i) Implement challenging college and career ready 
     academic content standards, as defined in paragraph (13)(B).
       ``(ii) Implement college and career ready assessments, as 
     defined in paragraph 13(C).
       ``(iii) For a secondary school, measure graduation rates as 
     defined in section 200.19(b)(1) of title 34, Code of Federal 
     Regulations.
       ``(iv) Assess not less than 2 additional indicators of 
     whether students are college and career ready, such as--

       ``(I) student scores on the ACT;
       ``(II) student scores on the SAT;
       ``(III) the percentage of students who attend an 
     institution of higher education;
       ``(IV) college remediation rates;
       ``(V) results from Advance Placement or International 
     Baccalaureate exams;
       ``(VI) student grade point averages at an institution of 
     higher education; or
       ``(VII) rates of completion of the first year at an 
     institution of higher education.

       ``(v) Provide a comprehensive State system of 
     accountability for schools that do not meet the standard for 
     adequate student growth, as described in paragraph (12), 
     which aims to ensure that each student is college and career 
     ready before such student graduates from secondary school and 
     which shall include, at a minimum--

       ``(I) the evaluation of each school and each group of 
     students described in paragraph (2)(C)(v)(II) against annual 
     progress targets described in subclauses (V) and (VI) of 
     paragraph (12)(B)(i) that are aligned with the goal of 
     ensuring that each student is college and career ready before 
     such student graduates from secondary school;
       ``(II) a system of categorization that will group schools 
     based on--

       ``(aa) how the overall performance of students, and the 
     performance of each subgroup of students described in 
     paragraph (2)(C)(v)(II), at such school compares to each 
     annual progress target described in subclauses (V) and (VI) 
     of paragraph (12)(B)(i); and
       ``(bb) if the school is a secondary school, how students at 
     such school perform when measured against key indicators of 
     college and career readiness, as described in clauses (iii) 
     and (iv);

       ``(III) supports and consequences for each school in the 
     State, as appropriate for each school based on the 
     categorization described in subclause (II); and

[[Page S6094]]

       ``(IV) incentives for schools that consistently exceed the 
     annual progress targets described in subclauses (V) and (VI) 
     of paragraph (12)(B)(i).

       ``(vi) Adopt intervention mechanisms for schools, as 
     described in section 1116.
       ``(vii) Ensure that adequate student growth reports are 
     delivered, in a timely manner, to parents and teachers (as 
     appropriate) to enable parents and teachers to examine 
     student progress toward becoming college and career ready.
       ``(C) Assessments above and below grade level.--
       ``(i) In general.--In carrying out the assessment 
     requirements described in subparagraph (B)(ii), a State may 
     use adaptive assessments described in paragraph (3)(E).
       ``(ii) Requirements for adaptive assessments.--For the 
     results of any adaptive assessment to be included in the 
     accountability model described under paragraph (12), such 
     results must provide the information necessary to determine 
     adequate student growth in accordance with paragraph 
     (12)(C)(i).
       ``(12) Accountability model.--
       ``(A) In general.--Each State that will use an 
     accountability model under this paragraph shall submit a plan 
     to the Secretary, which shall demonstrate that the State has 
     developed and will implement a single, statewide State 
     accountability system that will be effective in ensuring that 
     all local educational agencies, public elementary schools, 
     and public secondary schools meet the standard of adequate 
     student growth as defined under this paragraph.
       ``(B) Components of the accountability model.--
       ``(i) In general.--Each State accountability model shall--

       ``(I) be based on the academic standards and academic 
     assessments adopted under paragraphs (1), (3), and (11), and 
     other academic indicators consistent with subparagraph 
     (C)(ii);
       ``(II) take into account the achievement of all public 
     elementary school and secondary school students;
       ``(III) be the same accountability model that the State 
     uses for all public elementary schools and secondary schools 
     or all local educational agencies in the State;
       ``(IV) include components that recognize successful schools 
     and that require intervention measures in struggling schools, 
     which the State will use to hold local educational agencies 
     and public elementary schools and secondary schools 
     accountable for student achievement and for ensuring that 
     such agencies and schools meet the standard of adequate 
     student growth as described in subparagraph (C), in 
     accordance with this paragraph;
       ``(V) establish annual progress targets for each school 
     that aim to reduce by half, in less than 6 years--

       ``(aa) the difference between the percentage of students at 
     the top performing schools in the State who meet the college 
     and career ready academic content standards described in 
     paragraph (13)(B) or make adequate student growth, as 
     described in subparagraph (C), and the percentage of such 
     students at each school that is not a top performing school; 
     and
       ``(bb) for each category of students described in paragraph 
     (2)(C)(v)(II), the difference between the percentage of 
     students who meet the college and career ready academic 
     content standards described in paragraph (13)(B) or make 
     adequate student growth, as described in subparagraph (C), at 
     the top performing schools in the State, and the percentage 
     of such students at each school that is not a top performing 
     school; and

       ``(VI) establish annual progress targets for each secondary 
     school that aim to reduce by half, in less than 6 years, the 
     difference between the percentage of students who graduate 
     from such secondary school and 90 percent.

       ``(ii) Definition of top performing school.--In this 
     paragraph, the term `top performing school' means a school 
     that is ranked at the 90th percentile when all schools in a 
     State are ranked (with separate rankings for elementary 
     schools and for secondary schools) from lowest to highest, 
     based on the percentage of students at each school who meet 
     challenging college and career ready academic content 
     standards.
       ``(iii) Top performing schools.--A top performing school 
     shall be considered a school that is meeting annual progress 
     targets under subclauses (V) and (VI) of clause (i), for such 
     time as the school remains a top performing school.
       ``(C) Adequate student growth.--
       ``(i) In general.--The term `adequate student growth' shall 
     be defined by a State--

       ``(I) to mean--

       ``(aa) for each student at a school who is not on track to 
     being college and career ready in a subject, a rate of growth 
     indicating that the student will be on track to being college 
     and career ready within 3 years, or by the last year of 
     student testing, whichever is earlier; and
       ``(bb) for a student who is on track to being college and 
     career ready in a subject, but is not yet college and career 
     ready, a rate of growth equal to not less than 1 year of 
     academic growth;

       ``(II) in a manner that--

       ``(aa) applies the same high standards of academic 
     achievement to all public elementary school and secondary 
     school students in the State;
       ``(bb) is statistically rigorous, valid, and reliable;
       ``(cc) results in continuous and substantial academic 
     improvement for all students; and
       ``(dd) measures the progress of public elementary schools, 
     secondary schools, local educational agencies, and the State 
     based on the academic assessments described in paragraphs (3) 
     and (11).
       ``(ii) Measures of adequate school performance.--

       ``(I) In general.--A State may develop a composite measure 
     of a school's adequate student growth, as described under 
     this paragraph, to be used for public reporting, that may 
     incorporate 1 or more of the following indicators:

       ``(aa) Overall student cohort proficiency or growth to 
     proficiency on the assessments adopted under paragraphs (3) 
     and (11) over a period of 2 or more years.
       ``(bb) The percentage of students who are making sufficient 
     growth to meet the college and career ready academic content 
     standards, as described in paragraph (13)(B), before the last 
     year that the student is in the student's current school, or 
     in less than 3 years, whichever occurs earlier.
       ``(cc) Progress in closing achievement gaps between each 
     group of students listed in paragraph (2)(C)(v)(II) and the 
     overall student population of the school over a period of 2 
     or more years.
       ``(dd) For secondary schools, a continuous and substantial 
     increase in the graduation rate (as defined in section 
     200.19(b)(1) of title 34, Code of Federal Regulations).
       ``(ee) Year-to-year growth and growth to proficiency on the 
     assessments adopted under paragraphs (3) and (11).
       ``(ff) Attendance for all public elementary school 
     students.
       ``(gg) The percentage of students who earn sufficient 
     credits to be promoted to the next grade.
       ``(hh) The percentage of secondary school graduates who 
     attend an institution of higher education.
       ``(ii) The percentage of secondary school graduates who do 
     not require remediation at an institution of higher 
     education.

       ``(II) Validity and reliability.--The State shall ensure 
     that each indicator described in this clause is rigorous, 
     valid for the indicator's assigned use, reliable, and 
     consistent with any relevant nationally recognized 
     professional and technical standards.
       ``(III) Reporting of indicators.--A State shall publicly 
     report each of the indicators that are included within the 
     composite measure of adequate school performance, as 
     described in this clause, in the aggregate and disaggregated 
     by each group of students described in paragraph 
     (2)(C)(v)(II).

       ``(D) Annual improvement for schools.--Each year, for a 
     school to meet the standard for adequate student growth under 
     this paragraph, not less than 95 percent of each group of 
     students described in paragraph (2)(C)(v)(II) who are 
     enrolled in the school are required to take the assessments, 
     consistent with paragraph (3), including subparagraph (C)(xi) 
     of such paragraph, and with--
       ``(i) accommodations provided in the same manner as those 
     provided under section 504 of the Rehabilitation Act of 1973 
     (29 U.S.C. 794); and
       ``(ii) accommodations and alternative assessments provided 
     in the same manner as those provided under section 
     612(a)(16)(A) of the Individuals with Disabilities Education 
     Act.
       ``(E) Evaluation.--
       ``(i) Secretarial duties.--The Secretary shall--

       ``(I) establish a rigorous peer-review process, which shall 
     include a diverse board of experts and community 
     stakeholders, to assist in the review of State accountability 
     model plans, based on the criteria described in subparagraphs 
     (B) and (C)(i);
       ``(II) appoint individuals to the peer-review process who 
     are representative of parents, teachers, State educational 
     agencies, and local educational agencies, and who are 
     familiar with educational standards, assessments, 
     accountability, the needs of low-performing schools, and 
     other educational needs of students;
       ``(III) if the Secretary determines that the State plan 
     does not meet the requirements of this paragraph, immediately 
     notify the State of such determination and the reasons for 
     such determination;
       ``(IV) not decline to approve a State's accountability 
     model plan before--

       ``(aa) offering the State an opportunity to revise its 
     accountability model plan;
       ``(bb) providing technical assistance in order to assist 
     the State to meet the requirements of this paragraph;
       ``(cc) providing a hearing; and
       ``(dd) allowing the State to communicate with peer 
     reviewers in order to further explain or justify the merits 
     of the State's accountability model plan; and

       ``(V) have the authority to disapprove a State 
     accountability model plan for not meeting the requirements of 
     this paragraph, but shall not have the authority to require a 
     State, as a condition of approval of the State accountability 
     model plan, to include in, or delete from, such plan 1 or 
     more specific elements of the State's academic content 
     standards or to use specific academic assessment instruments 
     or items.

       ``(ii) State revisions.--A State accountability model plan 
     shall be revised by the State educational agency if it is 
     necessary to satisfy the requirements of this paragraph.
       ``(F) Approved schools.--If, as of the date of enactment of 
     the Growth to Excellence

[[Page S6095]]

     Act of 2011, a State has already received approval from the 
     Secretary to use an accountability model, the Secretary may 
     allow such State a period of not more than 2 years from the 
     date of enactment of such Act to transition to the use of the 
     accountability model described in this paragraph.
       ``(13) Definitions.--In this subsection:
       ``(A) College and career ready.--The term `college and 
     career ready' when used with respect to a student means that 
     the student meets the requirements necessary to be admitted 
     into credit-bearing, nonremedial, entry level coursework at a 
     State public institution of higher education.
       ``(B) College and career ready academic content 
     standards.--The term `college and career ready academic 
     content standards' means challenging academic content 
     standards (as required under paragraph (1)) that are--
       ``(i) developed based on evidence that mastery of such 
     standards corresponds to being college and career ready 
     without the need for remediation; and
       ``(ii)(I) common to a significant number of States; or
       ``(II) approved by a system of public 4-year institutions 
     of higher education in the State, such that mastery of such 
     standards leads to placement into credit-bearing, 
     nonremedial, first-year coursework for a student admitted to 
     an institution of higher education that is part of such 
     system.
       ``(C) College and career ready assessments.--The term 
     `college and career ready assessments' means an assessment 
     for mathematics and an assessment for reading or language 
     arts that--
       ``(i) measures the annual academic growth of individual 
     students;
       ``(ii) is aligned with the college and career ready 
     academic content standards described in this paragraph; and
       ``(iii) meets the requirements under paragraph (3).
       ``(D) On track to being college and career ready.--The term 
     `on track to being college and career ready' in a subject 
     means that a student is performing at or above grade level, 
     such that the student will be college and career ready in the 
     subject before graduation from secondary school, as measured 
     by the State assessment system.''.

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