[Congressional Record Volume 157, Number 147 (Tuesday, October 4, 2011)]
[Senate]
[Pages S6093-S6095]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      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

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     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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