[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
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``(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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