[Congressional Record Volume 161, Number 105 (Wednesday, July 8, 2015)]
[Senate]
[Pages S4872-S4874]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2153. Mr. REID (for Mr. King (for himself and Mrs. Capito)) 
submitted an amendment intended to be proposed to amendment SA 2089 
submitted by Mr. Alexander (for himself and Mrs. Murray) to the bill S. 
1177, to reauthorize the Elementary and Secondary Education Act of 1965 
to ensure that every child achieves; which was ordered to lie on the 
table; as follows:

       On page 630, between lines 4 and 5, insert the following:

[[Page S4873]]

        ``PART J--DIGITAL LEARNING EQUITY DEMONSTRATION PROGRAM

     ``SEC. 5911. PURPOSES.

       ``The purpose of this part is to support the development, 
     implementation, and evaluation of innovative strategies and 
     methods to improve out-of-school access to digital learning 
     resources for eligible students in order to--
       ``(1) increase student participation in the classroom, 
     including the ability to complete homework assignments and 
     participate in innovative digital learning models;
       ``(2) improve student access to postsecondary education and 
     workforce opportunities by increasing the ability of students 
     to apply for employment, postsecondary education, and 
     financial aid opportunities;
       ``(3) increase the education technology and digital 
     learning resources options available to educators to support 
     student learning by ensuring methods and resources used 
     during the school day remain accessible during out-of-school 
     hours;
       ``(4) increase student, educator, and parent engagement by 
     facilitating greater communication and connection between 
     school and home; and
       ``(5) increase the identification and dissemination of 
     strategies to support students lacking out-of-school access 
     to digital learning resources and the Internet, including 
     underserved student populations and students in rural and 
     remote geographic areas.

     ``SEC. 5912. DEFINITIONS.

       ``In this part:
       ``(1) Access technology.--The term `access technology' 
     means any service or device that provides out-of-school 
     Internet access as its primary function and does not include 
     a computer device.
       ``(2) Digital learning.--The term `digital learning' means 
     an educational practice that effectively uses technology to 
     strengthen a student's learning experience within and outside 
     of the classroom and at home, including--
       ``(A) interactive learning resources that engage students 
     in academic content;
       ``(B) access to online databases and primary source 
     documents;
       ``(C) the use of data, data analytics, and information to 
     personalize learning and provide targeted supplementary 
     instruction;
       ``(D) student collaboration with content experts, peers, 
     and educators;
       ``(E) digital learning content, video, software, or 
     simulations;
       ``(F) access to online courses; and
       ``(G) other resources that may be developed, as the 
     Secretary may determine.
       ``(3) Eligible entity.--The term `eligible entity' means 
     any of the following entities that serve a high-need school:
       ``(A) A local educational agency.
       ``(B) A State educational agency.
       ``(C) An educational service agency.
       ``(D) A consortium of State educational agencies, local 
     educational agencies, or educational service agencies.
       ``(E) An Indian tribe or Indian organization.
       ``(F) A State educational agency, local educational agency, 
     educational service agency, Indian tribe, or Indian 
     organization, in partnership with--
       ``(i) a nonprofit foundation, corporation, institution, or 
     association;
       ``(ii) a business;
       ``(iii) an after-school program or summer program;
       ``(iv) a library;
       ``(v) a community learning center; or
       ``(vi) other community or social services organizations, as 
     the Secretary may determine.
       ``(4) Eligible student.--The term `eligible student' means 
     a student who lacks out-of-school Internet access and attends 
     a high-need school serviced by an eligible entity.
       ``(5) High-need school.--The term `high-need school' means 
     a school served by an eligible entity that--
       ``(A) has a high percentage of students aged 5 through 17 
     who--
       ``(i) are in poverty, as counted in the most recent census 
     data approved by the Secretary;
       ``(ii) are eligible for a free or reduced priced lunch 
     under the Richard B. Russell National School Lunch Act (42 
     U.S.C. 1751 et seq.);
       ``(iii) are in families receiving assistance under the 
     State program funded under part A of title IV of the Social 
     Security Act (42 U.S.C. 601 et seq.); or
       ``(iv) are eligible to receive medical assistance under the 
     Medicaid program under title XIX of the Social Security Act 
     (42 U.S.C. 1396 et seq.);
       ``(B) has a high percentage of students who lack out-of-
     school Internet access;
       ``(C) is in need of improvement and or is among the State's 
     persistently lowest achieving schools; or
       ``(D) has significant gaps in achievement among the 
     categories of students, as defined in section 1111(b)(3)(A).
       ``(6) Out-of-school internet access.--The term `out-of-
     school Internet access' means a service provided to an 
     eligible student for out-of-school use by wire or radio that 
     provides the capability to transmit data to and receive data 
     from all or substantially all Internet endpoints, including 
     any capabilities that are incidental to and enable the 
     operation of the communications service, with a speed and 
     capacity sufficient to enable the use of digital learning 
     resources, but excluding--
       ``(A) dial-up Internet access service; or
       ``(B) Internet access service that is restricted by monthly 
     data caps set lower than 1 gigabyte.

     ``SEC. 5913. DEMONSTRATION GRANT PROGRAM AUTHORIZED.

       ``(a) In General.--The Secretary shall award grants to 
     eligible entities, subject to meeting the application 
     requirements in subsection (e), to develop, implement, and 
     evaluate innovative strategies to increase out-of-school 
     Internet access for eligible students.
       ``(b) Demonstration Period.--Each eligible entity, in 
     accordance with the application requirements in subsection 
     (e), shall propose to the Secretary the period of time over 
     which it desires to exercise demonstration authority, except 
     that such period shall not exceed 2 years.
       ``(c) Rural Areas.--From the amounts appropriated under 
     section 5915 for a fiscal year, the Secretary shall reserve 
     not less than 35 percent for grants to eligible entities that 
     propose to carry out the activities described in subsection 
     (e)(1) in rural areas, as described in section 
     6211(b)(1)(A)(ii). The Secretary shall reduce the amount 
     described in this subsection if the Secretary does not 
     receive a sufficient number of applications that propose to 
     carry out the activities described in subsection (e)(1) in 
     rural areas that meet the requirements of subsection (e).
       ``(d) Matching Funds.--
       ``(1) In general.--An eligible entity that is a State 
     educational agency or includes a State educational agency, 
     that receives a grant under this section shall provide 
     matching funds, from non-Federal sources (which may be 
     provided in cash or in-kind), in an amount equal to 10 
     percent of the amount of grant funds provided to the eligible 
     entity to carry out the activities supported by the grant.
       ``(2) Waiver.--The Secretary may waive the matching 
     requirement under paragraph (1) for an eligible entity that 
     demonstrates that such requirement imposes an undue financial 
     hardship.
       ``(e) Application.--To receive a grant under this section, 
     an eligible entity shall submit to the Secretary an 
     application at such time and in such manner as the Secretary 
     may reasonably require and containing the following:
       ``(1) A description of how the entity will--
       ``(A) increase student access to digital learning 
     opportunities outside of the school day, which may include 
     providing access technology for eligible students;
       ``(B) integrate the out-of-school use of the access 
     technology into the school's educational curriculum and 
     objectives;
       ``(C) provide eligible students with the necessary training 
     in digital literacy to ensure appropriate and effective use 
     of the digital learning resources and access technology;
       ``(D) ensure parents, educators, and students are informed 
     of appropriate use of the digital learning resources and 
     access technology; and
       ``(E) have in place a policy that meets the same 
     requirements as described in paragraphs (1) and (2) of 
     section 9551.
       ``(2) A description of the eligible students who will be 
     served, disaggregated by--
       ``(A) the categories of students, as defined in section 
     1111(b)(3)(A); and
       ``(B) homeless students and children or youth in foster 
     care.
       ``(3) In the case of an eligible entity that wishes to 
     award subgrants to local educational agencies or local 
     educational agencies in partnership with the entities 
     described in subparagraphs (A) through (F) of section 
     5912(3)--
       ``(A) a description of how the eligible entity will award 
     such subgrants; and
       ``(B) an assurance that the eligible entity consulted with 
     appropriate staff of participating local educational agencies 
     and the entities described in subparagraphs (A) through (F) 
     of section 5912(3), as applicable, in the development of the 
     eligible entity's application under this subsection.
       ``(4) A description of the process, activities, and 
     measures that the eligible entity will use to evaluate the 
     impact and effectiveness of the grant funds awarded under 
     this part for eligible students, including measures of 
     changes in--
       ``(A) the percentage of students who lack access to out-of-
     school Internet access;
       ``(B) student participation in the classroom, including the 
     ability to complete homework and take part in innovative 
     learning models;
       ``(C) student engagement, through such measures as 
     attendance rates and chronic absenteeism;
       ``(D) student access to postsecondary education and 
     workforce opportunities, including the ability to apply for 
     employment, postsecondary education, and student financial 
     aid programs; and
       ``(E) any other valid and reliable indicators of student, 
     educator, or parent engagement or participation, as 
     determined by the eligible entity.
       ``(5) A description of the way in which the eligible entity 
     will solicit and collect meaningful feedback from 
     participating students, educators, parents, and school 
     administrators on the effectiveness of the demonstration 
     program.
       ``(6) A description of how the eligible entity will procure 
     the access technology and out-of-school Internet access 
     necessary to carry out the demonstration program, including 
     whether the entity will utilize bulk purchasing or other 
     strategies that make efficient use of program funds.

[[Page S4874]]

       ``(7) If the applicant is a State educational agency or 
     includes a State educational agency, an assurance that the 
     applicant will provide matching funds as required under 
     subsection (d).
       ``(f) Use of Funds.--Each eligible entity receiving a grant 
     under this part shall use the funds awarded to develop, 
     implement, and evaluate strategies and methods used to 
     increase student access to digital learning resources at home 
     through such practices as--
       ``(1) providing a targeted distribution of access 
     technology to eligible students;
       ``(2) educating and training students, parents, and 
     educators about the appropriate use of access technology 
     outside of the classroom; and
       ``(3) evaluating the effectiveness of the strategies and 
     methods used under this part, through such means as student, 
     educator, and parent surveys.
       ``(g) Restriction.--Funds awarded under this part shall 
     only be used to promote out-of-school access to digital 
     learning resources for eligible students and shall not be 
     used to address the networking needs of an entity that is 
     eligible to receive support under the E-rate program.
       ``(h) Reservation for Support and Evaluation.--
       ``(1) In general.--Each eligible entity that receives a 
     grant under this section may reserve not more than 8 percent 
     of the grant amount for each fiscal year to provide technical 
     support to participating schools and for the purposes of 
     conducting the evaluation described in section 5914.
       ``(2) Evaluation.--Not less than 50 percent of any amount 
     reserved under paragraph (1) shall be used for the purposes 
     of conducting the evaluation described in section 5914.
       ``(i) National Activities.--From the amounts appropriated 
     under section 5915, the Secretary may reserve not more than 1 
     percent for national activities to provide technical 
     assistance and support grantees.

     ``SEC. 5914. EVALUATION.

       ``(a) In General.--Consistent with the criteria outlined in 
     paragraphs (4) and (5) of section 5913(e), the Secretary 
     shall establish an evaluation template through which an 
     eligible entity will record and submit the outcomes and 
     participant feedback associated with the program carried out 
     under this part.
       ``(b) Submission; Deadline.--Not later than 90 days after 
     the termination of an eligible entity's demonstration 
     authority under this part, the eligible entity shall submit 
     to the Secretary the results of the evaluation.
       ``(c) Prohibition.--Nothing in this section shall be 
     construed to prohibit an eligible entity from recording and 
     submitting additional data or indicators associated with the 
     success of the program executed under the demonstration 
     authority.

     ``SEC. 5915. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     part such sums as may be necessary for each of fiscal years 
     2016 through 2021.''.
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