[Congressional Record (Bound Edition), Volume 153 (2007), Part 16]
[Senate]
[Pages 22858-22892]
[From the U.S. Government Publishing Office, www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. ROCKEFELLER (for himself, Mr. Inouye, and Mr. Sanders):
  S. 1990. A bill to amend part D of title III of the Public Health 
Service Act to authorize grants and loan guarantees for health centers 
to enable the centers to fund capital needs projects, and for other 
purposes; to the Committee on Health, Education, Labor, and Pensions.
  Mr. ROCKEFELLER. Mr. President, today I rise with Senators Inouye and 
Sanders to introduce a very important bill--the Build, Update, Improve, 
Lift, and Design Health Centers Act of 2007. Also known as the BUILD 
Act, this legislation would provide building grants and loan guarantees 
to community health centers qualified under Section 330 of the Public 
Health Service Act.

[[Page 22859]]

This widely-needed source of funding would be used for clinic 
renovation, replacement, modernization, and/or expansion in order to 
support community health centers in their on-going efforts to deliver 
high-quality health care in medically underserved areas.
  Research from the National Association of Community Health Centers 
and the Robert Graham Center indicates that there are 56 million 
Americans that do not have access to a primary care provider, 
regardless of insurance. Another 45 million Americans lack health 
insurance or the funds to pay out-of-pocket for their basic health care 
needs. This means that more than 100 million Americans do not get the 
medical treatment they need each year.
  Established over 40 years ago, community health centers are the 
backbone of America's health care safety net. Encompassing a network of 
over 1,000 centers, they provide much needed care to nearly 16 million 
people each year, including one in five children. 40 percent of health 
center patients are uninsured while Medicaid and CHIP cover 
approximately 36 percent. More than 70 percent of patients live in 
poverty. The average annual cost per patient is small, roughly $1.25 
per day. However, the benefits of community health centers are great. 
People in areas served by these clinics are less likely to use 
emergency room services and have unmet health care needs. Without these 
centers, many people, particularly those in rural areas, would have 
nowhere to turn.
  Clearly, our Nation's health centers bring health care to those in 
need, but these health centers are in need as well. Renovation and 
modernization are important to keep these buildings intact and up-to-
date. According to the National Association of Community Health 
Centers, 30 percent of the buildings are more than 30 years old and 12 
percent are more than 50 years old. Narrow operating margins, however, 
mean that most health centers do not have the resources necessary to 
pay for the capital improvements or new facilities needed to continue 
providing effective health care.
  In recent years, the President and the Senate have supported dramatic 
increases in funding to create a number of new community health 
centers. However, there has been no corresponding commitment to address 
the desperate need for renovation and modernization of the older 
centers.
  Currently, the Federal Government has no authority to provide grants 
or loan guarantees to address the building and capacity needs of 
existing community health centers. The BUILD Act provides such 
authority and, in doing so, supports the ability of these clinics to 
continue offering high quality, cost-effective care now and into the 
future.
  I urge my colleagues to join me in support of this critical 
legislation. 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. 1990

       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 ``Build, Update, Improve, 
     Lift, and Design Health Centers Act of 2007'' or the ``BUILD 
     Act''.

     SEC. 2. FINDINGS.

       Congress makes the following findings:
       (1) Many health care experts believe that lack of access to 
     basic health services is our Nation's single most pressing 
     health care problem. There are 56,000,000 Americans that do 
     not have access to a primary care provider, whether they have 
     health insurance or not. In addition, more than 45,000,000 
     Americans lack health insurance and have difficulty accessing 
     care due to the inability to pay for such care.
       (2) Health centers, including community health centers, 
     migrant health centers, health centers for the homeless, and 
     public housing health centers, address the health care access 
     problem by providing primary care services in thousands of 
     rural and urban medically-underserved communities throughout 
     the United States.
       (3) Health centers provide basic health care services to 
     16,000,000 Americans each year, including nearly 9,500,000 
     minorities, 850,000 farmworkers, and 750,000 homeless 
     individuals. One in five children from low-income families 
     receives care through health centers.
       (4) Studies show that health centers provide high-quality 
     and cost-effective health care. The average yearly cost for a 
     health center patient is approximately $1.25 per day.
       (5) One of the most effective ways to address America's 
     health care access problem is by dramatically expanding 
     access to health centers, as both the Senate and the 
     President have proposed.
       (6) Many existing health centers operate in facilities that 
     desperately need renovation or modernization. Thirty percent 
     of health centers are located in buildings that are more than 
     30 years old, with 12 percent of such centers operating out 
     of facilities that are more than 50 years old. In a survey of 
     health centers in 11 States, 2/3 of those centers identified 
     a need to improve, expand, or replace their current facility. 
     An extrapolation based on this survey indicates there may be 
     as much as $2,200,000,000 in unmet capital needs in our 
     Nation's health centers.
       (7) Dramatically increasing access to health centers 
     requires building new facilities in communities that have 
     access problems and lack a health center.
       (8) Health centers often do not have the means to pay for 
     capital improvements or new facilities. While most health 
     centers raise some funds through private donations, it is 
     difficult to raise sufficient amounts for capital needs 
     without a middle-upper-class donor base similar to other 
     nonprofit organizations like universities and hospitals.
       (9) Health centers have a limited ability to support loan 
     payments. Due to an increasing number of uninsured patients 
     and the fact that many health care reimbursements are less 
     than the cost of care, health centers rarely have more than 
     minimal positive operating margins. Yet lenders are rarely 
     willing to take risks on nonprofit organizations without 
     these positive margins.
       (10) While the Federal Government currently provides grants 
     to health centers to assist with operational expenses used to 
     provide care to a medically underserved population, there is 
     no authority to provide grants to assist health centers to 
     meet capital needs, such as construction of new facilities or 
     modernization, expansion, or replacement of existing 
     buildings.
       (11) To assist health centers with their mission of 
     providing health care to the medically underserved, the 
     Federal Government should supplement local efforts to meet 
     the capital needs of health centers.

     SEC. 3. AMENDMENTS TO THE PUBLIC HEALTH SERVICE ACT.

       (a) Health Care Facility Grants and Loan Guarantees.--
     Subpart I of part D of title III of the Public Health Service 
     Act (42 U.S.C. 254b et seq.) is amended by adding at the end 
     the following:

     ``SEC. 330R. HEALTH CARE FACILITY GRANTS AND LOAN GUARANTEES.

       ``(a) Eligible Health Center Defined.--In this section, the 
     term `eligible health center' means a health center that 
     receives--
       ``(1) a grant, on or after the date of enactment of this 
     section, under subsection (c)(1)(A), (e)(1)(A), (e)(1)(B), 
     (f), (g), (h), or (i) of section 330; or
       ``(2) a subgrant, on or after the date of enactment of this 
     section, from a grant awarded under such provision of law.
       ``(b) Grant Program Authorized.--
       ``(1) In general.--The Secretary may award grants to 
     eligible health centers to pay for the costs described in 
     paragraph (2).
       ``(2) Use of funds.--An eligible health center that 
     receives a grant under paragraph (1) may use the grant funds 
     to--
       ``(A) modernize, expand, and replace existing facilities at 
     such center; and
       ``(B) construct new facilities at such center.
       ``(3) Limitation.--
       ``(A) In general.--Subject to subparagraph (B), the Federal 
     share of a grant awarded under paragraph (1) to expand an 
     existing, or construct a new, facility shall not exceed 90 
     percent of the total cost of the project (including interest 
     payments) proposed by the eligible health center.
       ``(B) Exception.--The Federal share maximum under 
     subparagraph (A) shall not apply if--
       ``(i) the total cost of the project proposed by the 
     eligible health center is less than $750,000; or
       ``(ii) the Secretary waives such maximum upon a showing of 
     good cause.
       ``(c) Facility Loan Guarantees.--
       ``(1) In general.--
       ``(A) In general.--The Secretary shall establish a program 
     under which the Secretary may guarantee not less than 90 
     percent of the principal and interest on the total amount of 
     loans made to an eligible health center by non-Federal 
     lenders in order to pay for the costs associated with a 
     capital needs project described in subparagraph (B).
       ``(B) Projects.--Capital needs projects under this 
     subsection include--
       ``(i)(I) acquiring, leasing, modernizing, expanding, or 
     replacing existing facilities;
       ``(II) constructing new facilities; or
       ``(III) purchasing or leasing equipment; or
       ``(ii) the costs of refinancing loans made for any of the 
     projects described in clause (i).
       ``(C) Not a federal subsidy.--Any loan guarantee issued 
     pursuant to this subsection shall not be deemed a Federal 
     subsidy for any other purpose.

[[Page 22860]]

       ``(2) Authority for loan guarantee program.--With respect 
     to the program established under paragraph (1), the Secretary 
     shall assume such authority--
       ``(A) as the Secretary has under paragraphs (2) and (4) of 
     section 330; and
       ``(B) under section 1620 as the Secretary determines is 
     necessary and appropriate.
       ``(3) Health center project applications.--The Secretary 
     shall require that all applicants for grants and loans under 
     this section--
       ``(A) comply with the conditions set forth in section 1621, 
     as in effect on the date of enactment of this section, with 
     respect to activities authorized for assistance under 
     subsections (b)(2) and (c)(1)(B) in the same manner that 
     applicants for loans, loan guarantees, or grants for medical 
     facilities projects under such section are required to comply 
     with such conditions, unless such conditions are, by their 
     terms, otherwise inapplicable; and
       ``(B)(i) give priority to contractors that employ 
     substantial numbers of workers who reside in the area to be 
     served by the health center; and
       ``(ii) include in the construction contract involved a 
     requirement that the contractor will give priority in hiring 
     new employees to residents of such area.
       ``(4) Definitions.--In this subsection:
       ``(A) Facilities.--The term `facilities' means a building 
     or buildings used by a health center, in whole or in part, to 
     provide services permitted under section 330 and for such 
     other purposes as are not specifically prohibited under such 
     section as long as such use furthers the objectives of the 
     health center.
       ``(B) Non-federal lender.--The term `non-Federal lender' 
     means any entity other than an agency or instrumentality of 
     the Federal Government authorized by law to make loans, 
     including a federally-insured bank, a lending institution 
     authorized or licensed to make loans by the State in which it 
     is located, a community development finance institution or 
     community development entity (as designated by the Secretary 
     of the Treasury), any such lender as the Secretary may 
     designate, and a State or municipal bonding authority or such 
     authority's designee.
       ``(d) Evaluation.--Not later than 3 years after the date of 
     enactment of this section, the Secretary shall prepare a 
     report containing an evaluation of the programs authorized 
     under this section. Such report shall include recommendations 
     on how this section can be improved to better help health 
     centers meet such centers' capital needs in order to expand 
     access to health care in the United States.
       ``(e) Authorization.--For the purpose of carrying out this 
     section, the Secretary shall use not more than 5 percent of 
     any funds appropriated pursuant to section 330(s) (relating 
     to authorization of appropriations). In addition, funds 
     appropriated for fiscal years 1997 and 1998 under the 
     Departments of Labor, Health and Human Services, and 
     Education, and Related Agencies Appropriations Acts of 1997 
     and 1998, which were made available for loan guarantees for 
     loans made by non-Federal lenders for construction, 
     renovation, and modernization of medical facilities that are 
     owned and operated by health centers and which have not been 
     expended, shall be made available for loan guarantees under 
     this section.''.
       (b) Authorization of Appropriations.--Section 330(r)(1) of 
     the Public Health Service Act (42 U.S.C. 254b(r)(1)) 
     (relating to authorization of appropriations) is amended by 
     striking ``this section'' and inserting ``this section and 
     section 330R''.
                                 ______
                                 
      By Mr. BUNNING:
  S. 1991. A bill to authorize the Secretary of the Interior to conduct 
a study to determine the suitability and feasibility of extending the 
Lewis and Clark National Historic Trail to include additional sites 
associated with the preparation and return phases of the expedition, 
and for other purposes; to the Committee on Energy and Natural 
Resources.
  Mr. BUNNING. Mr. President, I would like to introduce a bill to 
authorize the National Park Service to conduct a comprehensive study to 
examine the extension of the Lewis and Clark National Historic Trail to 
include additional sites associated with the preparation or return 
phase of the expedition, commonly known as the ``Eastern Legacy.''
  On May 14, 1804, Lewis and Clark, along with the Corps of Discovery 
departed from Camp Dubois, IL, to set out on voyage that would shed 
light on a landscape that had only been considered legend at the time. 
But this American tale of adventure, determination, and curiosity did 
not begin there. The 8,000-mile, 32-month expedition through the 
uncharted West and back to Washington, DC, started more than a year 
earlier in Virginia.
  In 1803, Meriwether Lewis traveled through Maryland, Pennsylvania, 
Virginia, and West Virginia purchasing supplies and learning everything 
he could about botany, paleontology, navigation, and field medicine. 
The intrepid explorer and his growing crew then traveled down the Ohio 
River through Ohio and Indiana, meeting up with William Clark in 
Louisville, KY. Along this rich trail are many landmarks and sites that 
serve to honor and educate about this important event in American 
history.
  Whether it is commemorating the American spirit or teaching about the 
early Republic, the Lewis and Clark National Historic Trail is an 
enduring resource for education. A sea-to-sea trail would make it the 
largest and longest trail in the National Park System, guiding visitors 
from across the Nation to all parks and interpretive centers.
  This extension, a few years after the successful bicentennial 
celebration, will continue to raise the profile of the Lewis and Clark 
Trail and increase the potential for tourism revenue in States across 
the country. Including the eastern portion of the trail will garner 
greater Lewis and Clark interest east of the Mississippi and bring 
unity to this American expedition of East meeting West.
                                 ______
                                 
      By Mr. DURBIN (for himself, Mr. Hagel, Mrs. Feinstein, Mrs. 
        Clinton, Mr. Dodd, Mrs. Murray, and Mr. Johnson):
  S. 1998. A bill to reduce child marriage, and for other purposes; to 
the Committee on Foreign Relations.
  Mr. DURBIN. 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. 1998

       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 ``International Child Marriage 
     Prevention and Protection Act of 2007''.

     SEC. 2. FINDINGS.

       Congress makes the following findings:
       (1) Research shows that child marriage in developing 
     nations is often associated with adverse economic and social 
     consequences and is dangerous to the health, security, and 
     well-being of girls and detrimental to the economic 
     development of communities.
       (2) The issue of child marriage is interwoven with broader 
     social and cultural issues and is most effectively addressed 
     as a development challenge through integrated, community-
     based approaches to promote and support girls' education and 
     skill-building and healthcare, legal rights, and awareness 
     for girls and women.
       (3) As Charlotte Ponticelli, Senior Coordinator for 
     International Women's Issues for the Department of State, 
     stated on September 14, 2005: ``It is unconscionable that in 
     the 21st century girls as young as 7 or 8 can be sold as 
     brides. There is no denying that extreme poverty is the 
     driving factor that has enabled the practice to continue, 
     even in countries where it has been outlawed . . . We need to 
     be shining the spotlight on early marriage and its underlying 
     causes . . . We must continue to do everything we can to 
     ensure that girls have every opportunity to become agents of 
     change and to expand the `realm of what is possible' for 
     their societies and the world at large.''
       (4) The severity of the adverse impact of child marriage 
     increases as the age at marriage and first childbirth 
     decreases.
       (5) A Department of State survey in 2005 found that child 
     marriage was a concern in 64 out of 182 countries surveyed 
     and that the practice is especially acute in sub-Saharan 
     Africa and South Asia.
       (6) According to the United Nations Children's Fund, in 
     Ethiopia and in parts of West Africa marriage at the age of 7 
     or 8 is not uncommon.
       (7) In developing countries, girls aged 10 to 14 who become 
     pregnant are 5 times more likely to die in pregnancy or 
     childbirth than women aged 20 to 24.
       (8) Girls in sub-Saharan Africa are at much higher risk of 
     suffering obstetric fistula.
       (9) According to the Department of State: ``Pregnancy at an 
     early age often leads to obstetric fistulae and permanent 
     incontinence. In Ethiopia, treatment is available at only 1 
     hospital in Addis Ababa that performs over 1,000 fistula 
     operations a year. It estimates that for every successful 
     operation performed, 10 other young women need the treatment. 
     The maternal mortality rate is extremely high due, in part, 
     to food taboos for pregnant women, poverty, early marriage, 
     and birth complications related to FGM [Female Genital 
     Mutilation], especially infibulation.''.
       (10) Adolescents are at greater risk of complications 
     during childbirth that can lead to

[[Page 22861]]

     fistula because they have less access to health care and are 
     subject to other significant risk factors related to the 
     mother's physical immaturity.
       (11) In nearly every case of obstetric fistula, the baby 
     will be stillborn.
       (12) The physical symptoms of obstetric fistula include 
     incontinence or constant uncontrollable leaking of urine or 
     feces, frequent bladder infections, infertility, and foul 
     odor. The condition often leads to the desertion of fistula 
     sufferers by husbands and family members and extreme social 
     stigma.
       (13) Although data on obstetric fistula are scarce, the 
     World Health Organization (WHO) estimates that there are more 
     than 2,000,000 women living with fistula and 50,000 to 
     100,000 new cases each year. These figures are based on the 
     number of women who seek medical care. Many more suffer from 
     the disabling condition.
       (14) Adolescent girls are more susceptible than mature 
     women to sexually transmitted infections, including HIV, due 
     to both biological and social factors.
       (15) Research in several countries with high rates of HIV 
     infection indicates that married girls are at greater risk 
     for HIV than their unmarried peers.
       (16) Child marriage can have additional long-term 
     consequences when combined with female genital cutting 
     because the girls who have undergone that procedure can 
     experience greater complications during pregnancy, leading to 
     lasting health problems for themselves and their children.
       (17) Child marriage is a leading barrier to girls' 
     education in certain developing countries.
       (18) A high incidence of child marriage undermines the 
     efforts of developing countries and donor countries, 
     including the United States, to promote economic and social 
     development.
       (19) The causes of child marriage include poverty, custom, 
     and the desire to protect girls from violence or premarital 
     sexual relations.
       (20) Child marriage may also be a product of gender 
     violence in which a man abducts and rapes a girl and then, 
     sometimes through negotiations with traditional leaders, 
     negotiates a settlement with the girl's parents, including 
     marriage to the victim.
       (21) The practice of child marriage is considered a 
     ``harmful traditional practice'' by the United Nations 
     Children's Fund.
       (22) The Convention on Consent to Marriage, Minimum Age for 
     Marriage, and Registration of Marriages, adopted at the 
     United Nations, December 10, 1962, requires the parties to 
     the Convention to overcome all ``customs, ancient laws, and 
     practices by ensuring complete freedom in the choice of a 
     spouse, eliminating completely child marriages and the 
     betrothal of young girls before the age of puberty''.
       (23) The African Charter on the Rights and Welfare of the 
     Child, which entered into force in 1990, provides that 
     ``child marriage and the betrothal of girls and boys shall be 
     prohibited and effective action, including legislation, shall 
     be taken to specify the minimum age of marriage to be 
     eighteen years''.
       (24) In Ethiopia, Girls' Activity Committees, community-
     based groups formed to support girls in school and advocate 
     for girls' education, have conducted community awareness and 
     informational campaigns, enlisted the assistance of 
     traditional clan and religious leaders, discouraged families 
     from practicing child marriage, encouraged girls' school 
     attendance, and taken steps to reduce gender-based violence 
     and create safer environments for girls en route to or from 
     school and in the classroom.
       (25) Recognizing the importance of the issue and the 
     effects of child marriage, the Senior Coordinator for 
     International Women's Issues of the Department of State 
     initiated an effort in 2005 to collect and assess information 
     on the incidence of child marriage and on the existence and 
     effectiveness of initiatives funded by the United States to 
     reduce the incidence of child marriage or the negative 
     effects of child marriage and to measure the need for 
     additional programs.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Agency.
       (2) Agency.--Except as otherwise provided in this Act, the 
     term ``Agency'' means the United States Agency for 
     International Development.
       (3) Child marriage.--The term ``child marriage'' means the 
     legal or traditional marriage of a girl or boy who has not 
     yet reached the minimum age for marriage stipulated in law in 
     the country of which they are a citizen.
       (4) Developing nation.--The term ``developing nation'' 
     means any nation eligible to receive assistance from the 
     International Development Association or the International 
     Bank for Reconstruction and Development.
       (5) HIV.--The term ``HIV'' has the meaning given that term 
     in section 3 of the United States Leadership Against HIV/
     AIDS, Tuberculosis, and Malaria Act of 2003 (22 U.S.C. 7602).
       (6) HIV/AIDS.--The term ``HIV/AIDS'' has the meaning given 
     that term in section 3 of the United States Leadership 
     Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (22 
     U.S.C. 7602).
       (7) Obstetric fistula.--The term ``obstetric fistula'' 
     means a rupture or hole in tissues surrounding the vagina, 
     bladder, or rectum that occurs during prolonged, obstructed 
     childbirth.
       (8) Relevant executive branch agencies.--The term 
     ``relevant executive branch agencies'' means the Department 
     of State, the Agency, the Department of Health and Human 
     Services, and any other department or agency of the United 
     States, including the Millennium Challenge Corporation, that 
     is involved in implementing international health or 
     development policies and programs of the United States.
       (9) Secretary.--Except as otherwise provided in this Act, 
     the term ``Secretary'' means the Secretary of State.

     SEC. 4. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) the untapped economic and educational potential of 
     girls and women in many developing nations represent an 
     enormous loss to those societies;
       (2) expanding educational opportunities for girls and 
     economic opportunities for women and reducing maternal and 
     child mortality are critical to the achievement of 
     internationally recognized health and development goals and 
     of many global health and development objectives of the 
     United States, including efforts to prevent HIV/AIDS;
       (3) since child marriage is a leading barrier to the 
     continuation of girl's education in many developing 
     countries, it is important to integrate this issue into new 
     and existing United States-funded efforts to promote 
     education, strengthen legal rights and legal awareness, 
     reduce gender-based violence, and promote skill-building and 
     economic opportunities for girls and young women in regions 
     with a high incidence of child marriage; and
       (4) effective community-based efforts to reduce and move 
     toward the elimination of child marriage as part of an 
     integrated strategy to promote girls' education and 
     empowerment will yield long-term dividends in the health and 
     economic sectors in developing countries.

     SEC. 5. DEVELOPMENT OF CHILD MARRIAGE PREVENTION STRATEGY.

       (a) Requirements for Strategy.--The Secretary shall develop 
     a comprehensive strategy, taking into account the work of the 
     relevant executive branch agencies, to reduce the incidences 
     of child marriage around the world by further integrating 
     this issue into existing and planned relevant United States 
     development efforts.
       (b) Report on Strategy.--
       (1) Requirement for report.--Not later than 180 days after 
     the date of enactment of this Act, the Secretary shall submit 
     to Congress a report on the strategy described in subsection 
     (a), including a discussion of the elements described in 
     paragraph (2).
       (2) Report elements.--The elements referred to in paragraph 
     (1) are the following:
       (A) A description of existing or potential approaches to 
     prevent child marriage and address the vulnerabilities of 
     populations who may be at risk of child marriage.
       (B) A description of programs funded by the United States 
     that address child marriage, and an assessment of the impact 
     of such programs in the areas of health, education, and 
     access to economic opportunities, including microfinance 
     programs.
       (C) A description of programs funded by the United States 
     that are intended to prevent obstetric fistula.
       (D) A description of programs funded by the United States 
     that support the surgical treatment of obstetric fistula.
       (E) A description of the impact of child marriage on the 
     United States efforts to assist in achieving the goals set 
     out in the United Nations Millennium Declaration adopted by 
     the United Nations General Assembly on September 8, 2000 
     (resolution 55/2), including specifically the impact on 
     efforts to--
       (i) eliminate gender disparity in primary and secondary 
     education;
       (ii) reduce child mortality;
       (iii) improve maternal health; and
       (iv) combat HIV/AIDS, tuberculosis, malaria, and other 
     disease.
       (F) A description of the impact of child marriage on 
     achieving the purposes set out in section 602 of the 
     Millennium Challenge Act of 2003 (22 U.S.C. 7701).
       (G) A description of how the issue of child marriage can 
     best be integrated into existing or planned United States 
     programs to promote girls' education and skill-building, 
     healthcare, legal rights and awareness, and other relevant 
     programs in developing nations.
       (c) Report on Child Marriage.--Not later than 2 years after 
     the date of the enactment of this Act, the Secretary, in 
     consultation with other appropriate officials, shall submit 
     to the Committees on Foreign Relations and Appropriations of 
     the Senate and the Committees on Foreign Affairs and 
     Appropriations of the House of Representatives a report that 
     describes--
       (1) United States assistance programs that address child 
     marriage;
       (2) the impact of child marriage on maternal mortality and 
     morbidity and on infant

[[Page 22862]]

     mortality in countries in which child marriage is prevalent;
       (3) the projected effect of such programs on increasing the 
     age of marriage, reducing maternal mortality and morbidity, 
     reducing the incidence of obstetric fistula, reducing the 
     incidence of domestic violence, increasing girls' access to 
     and completion of primary and secondary education, reducing 
     the incidence of early childbearing, and reducing HIV 
     infection rates among married and unmarried adolescents;
       (4) the scale and scope of the practice of child marriage 
     in developing nations; and
       (5) the status of efforts by the government of each 
     developing nation with a high incidence of child marriage to 
     eliminate such practices.

     SEC. 6. AUTHORIZATION OF ASSISTANCE TO REDUCE INCIDENCES OF 
                   CHILDHOOD MARRIAGE AND OBSTETRIC FISTULA.

       The President is authorized to provide assistance, 
     including through international, nongovernmental, or faith-
     based organizations or through direct assistance to a 
     recipient country, for programs to reduce the incidences of 
     child marriage and promote the empowerment of girls and young 
     woman. Such assistance may include--
       (1) improving the access of girls and young women in 
     developing nations to primary and secondary education and 
     vocational training;
       (2) supporting community education activities to educate 
     parents, community leaders, and adolescents of the health 
     risks associated with child marriage and the benefits for 
     adolescents, especially girls, of access to education, health 
     care, employment, microfinance, and savings programs;
       (3) supporting community-based organizations in encouraging 
     the prevention or delay of child marriage and its replacement 
     with other non-harmful rites of passage;
       (4) increasing access of women to economic opportunities, 
     including microfinance and small enterprise development;
       (5) supporting efforts to prevent gender-based violence;
       (6) improving access of adolescents to adequate health 
     care;
       (7) supporting programs to promote educational and economic 
     opportunities and access to health care for adolescents who 
     are already married;
       (8) supporting the surgical repair of fistula, including 
     the creation or expansion of centers for the treatment of 
     fistula in countries with high rates of fistula, and the 
     care, support, and transportation of persons in need of such 
     surgery; and
       (9) supporting efforts to reduce incidences of fistula, 
     including programs to increase access to skilled birth 
     attendants, and to promote access to family planning where 
     desired by local communities.

     SEC. 7. RESEARCH AND DATA COLLECTION.

       The Secretary shall work through the Agency and any other 
     relevant agencies of the Department of State, and in 
     conjunction with relevant executive branch agencies as part 
     of their ongoing research and data collection activities, 
     to--
       (1) collect and make available data on the incidence of 
     child marriage in countries that receive foreign or 
     development assistance from the United States where the 
     practice of child marriage is prevalent; and
       (2) collect and make available data on the impact of the 
     incidence of child marriage and the age at marriage on 
     progress in meeting key development goals.

     SEC. 8. HUMAN RIGHTS REPORT.

       The Secretary shall include in the Department of State's 
     Annual Country Reports on Human Rights Practices a section 
     for each country where child marriage is prevalent, outlining 
     the status of the practice of child marriage in that country.

     SEC. 9. AUTHORIZATION OF APPROPRIATIONS AND OTHER FUNDING.

       There are authorized to be appropriated to carry out the 
     provisions of this Act, and the amendments made by this Act, 
     in addition to funds otherwise available for such purposes, 
     amounts as follows:
       (1) $15,000,000 for fiscal year 2008.
       (2) $20,000,000 for fiscal year 2009.
       (3) $25,000,000 for fiscal year 2010.
                                 ______
                                 
      By Mr. LIEBERMAN (for himself, Ms. Landrieu, and Mr. Coleman):
  S. 2001. A bill to amend the Elementary and Secondary Education Act 
of 1965, and for other purposes; to the Committee on Health, Education, 
Labor, and Pensions.
  Mr. LIEBERMAN. Mr. President, I rise today to introduce, together 
with my colleagues Senator Mary Landrieu and Senator Norm Coleman, the 
All Students Can Achieve Act. This bill represents a comprehensive 
bipartisan proposal to strengthen and improve No Child Left Behind, 
NCLB. We hope that many of the ideas contained in our proposal will be 
considered by the HELP Committee as it tackles NCLB reauthorization, 
and we look forward to working with the committee to that end.
  Over 5 years ago, the President and Congress created a watershed 
moment in American education when we enacted the No Child Left Behind 
Act. We worked together across party lines and from both ends of 
Pennsylvania Avenue to address an ongoing crisis in our public schools, 
especially schools in minority and low-income communities, where 
students' reading and math achievement was far below that of peers in 
better off white communities.
  Closing these student achievement gaps may be the most important 
civil rights movement of our time. In No Child Left Behind we made a 
national commitment to reject as unacceptable a system in which low-
income minority students were reading at a grade level 4 years below 
that of their higher-income peers. We made a national commitment to 
bring an end to that intolerable gap and to ensure that each and every 
child, regardless of race, nationality or family income, could develop 
his or her talents to the fullest.
  No Child Left Behind had the goal of bringing all minority and 
disadvantaged children, including children with disabilities, the 
attention and support they need to succeed, by holding schools and 
States accountable for delivering results to all of their students. 
With passage of NCLB, we made a good start. Progress has occurred but 
there is much more to be done to close the persistent gaps in student 
achievement.
  No Child Left Behind, which Congress must now reauthorize, provides a 
foundation, but we now must take new, bold steps to fulfill the 
national commitments we first made 5 years ago. So that is why today we 
are presenting a significant reform proposal, which we are calling the 
All Students Can Achieve Act, and which we ask our colleagues and the 
President to give serious consideration as we work to reauthorize No 
Child Left Behind.
  I want to touch briefly on some of the key features in this bill that 
build upon the reforms of the No Child Left Behind Act, and will attach 
a more detailed summary at the conclusion of my remarks.
  Central to our strategy for closing the achievement gap is the 
pathway our bill creates for getting the very best teachers, teachers 
who are the best at bringing real learning and real growth in 
achievement to their students, into the schools and classrooms where 
they are most needed. No one does more important work in our society 
today than good teachers. We must attract, train and pay them as the 
critical professionals that they are. In our proposal, we ask States to 
move to a ``teacher effectiveness'' evaluation system. This system 
would evaluate teacher performance based on results in the classroom. 
To get to this point, States must develop comprehensive data systems 
that can track individual student growth and performance, and link 
student performance to individual teachers. We require and fund the 
data systems, and permit development of so-called growth models for 
compliance with Adequate Yearly Progress, AYP. Growth models give 
schools credit for boosting student performance over time, even where 
absolute test results are not at required levels. By linking student 
growth to individual teachers, States can measure teacher effectiveness 
by determining which teachers demonstrate learning gains in the 
classroom.
  Our proposal allows those States that have developed meritorious 
teacher effectiveness systems to opt out of the Federal Highly 
Qualified Teacher requirements, and to benefit from additional 
flexibilities in the use of Federal funds. Further, since we want to 
make sure that we can get the best teachers to the students most in 
need, our bill requires an equitable distribution of effective teachers 
across all schools and ultimately, after teacher professional 
development, if teachers are still not effective, we assign them away 
from our most needy schools. Our bill includes a provision to ensure 
that future collective bargaining agreements allow this to happen. In 
fact, because we recognize that there is nobody more important than a 
teacher, especially the most effective teachers, our bill puts the 
option of merit pay on the radar screen through a discretionary grant 
program to support new ideas for teacher professional development, 
tenure, assignment and compensation

[[Page 22863]]

policies. We also seek to enrich the quality of education by, among 
other things, giving schools the option to bring in experienced 
professionals in math, science and critical foreign languages, as 
members of an Adjunct Teacher Corps.
  We strengthen accountability by closing the existing loopholes that 
often prevent States and schools from truly measuring the actual 
achievement of minority students. Instead of allowing minority students 
to fall through the cracks of underachievement, this will force schools 
to take the steps needed to close the achievement gap for those 
students. Our bill gives parents the option of transferring their 
children in failing schools to other public schools, including schools 
across district lines if there is not an acceptable option within the 
original school district. In addition, our bill provides a two-track 
system for schools missing AYP. Schools missing AYP due to one or more 
subgroups, but less than 50 percent of the student population, would go 
through a more targeted attention program to address the problem areas.
  Finally, we call for the development of voluntary American standards 
and assessments. Here we seek to address the need to promote rigorous 
standards and assessment of student learning to ensure that all 
students, no matter where they are schooled, are taught the skills they 
need to succeed in life. We call on the National Assessment Governing 
Board, with an expanded membership to include more teachers and 
business leaders, to develop these world class standards. States may 
choose to adopt these standards, thereby freeing up State resources. 
Alternatively, states could build their own assessments and standards 
based on the American standards, keep their own standards and tests, or 
team together in regional censorial to develop standards and 
assessments. The Department of Education would report to Congress on 
the variance between the rigor of state assessments and the American 
standards and assessments in cases where the voluntary standards are 
not used. It should be apparent that nothing in our bill would 
interfere with State flexibility to determine teaching format and 
substance.
  In sum, No Child Left Behind is not just the name of an education 
law. It remains a solemn and urgent commitment that we made to 
America's children and parents. Because far too many children are still 
left behind and denied the opportunity to succeed in our society, we 
have renewed that commitment by offering this bill.
  I want to thank my colleagues and cosponsors, Senators Mary Landrieu 
and Norm Coleman, and their staffs for their help in shaping this bill.
  I ask unanimous consent that the text of the bill and a detailed 
summary be printed in the Record
  There being no objection the material was ordered to be printed in 
the Record, as follows:

                                S. 2001

       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 ``All Students Can Achieve 
     Act''.

     SEC. 2. TABLE OF CONTENTS.

       The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.

      TITLE I--GROWTH MODELS, DATA SYSTEMS, AND EFFECTIVE TEACHERS

Sec. 101. Purpose.
Sec. 102. Authorization of appropriations.
Sec. 103. Requiring States to measure teacher effectiveness and 
              permitting growth models.
Sec. 104. Data systems.
Sec. 105. Highly effective teachers and principals.
Sec. 106. Permitting growth model systems.
Sec. 107. Innovative teacher and school incentive programs.

                 TITLE II--CLOSING THE ACHIEVEMENT GAP

Sec. 201. Purpose.
Sec. 202. Equitable distribution of highly effective teachers and non-
              Federal funding.
Sec. 203. Strengthen and focus State capacity for school improvement 
              efforts.

                  TITLE III--ACHIEVING HIGH STANDARDS

Sec. 301. Purposes.
Sec. 302. Authorization of appropriations.

               PART A--American Standards and Assessments

Sec. 311. American standards and assessments.

               PART B--P-16 Education Stewardship Systems

Sec. 321. P-16 education stewardship commission.
Sec. 322. P-16 education State plans.
Sec. 323. P-16 education stewardship system grants.
Sec. 324. Reports.

                 TITLE IV--STRENGTHENING ACCOUNTABILITY

Sec. 401. Purposes.
Sec. 402. Authorizations.
Sec. 403. School intervention plan development.
Sec. 404. Comprehensive and focused intervention.
Sec. 405. Counting all children.
Sec. 406. Including science in the academic assessments.
Sec. 407. Mathematics and science partnerships.
Sec. 408. Children with disabilities and children who are limited 
              English proficient.
Sec. 409. Early childhood development.
Sec. 410. Adjunct teacher corps.

                         TITLE V--ENHANCEMENTS

Sec. 501. Purposes.
Sec. 502. Authorizations.
Sec. 503. Public school choice.
Sec. 504. Public charter schools.
Sec. 505. Parental involvement.
Sec. 506. Response to intervention.
Sec. 507. Universal design for learning.
Sec. 508. Doubling scientific-based education research at Department of 
              Education.
Sec. 509. Supplemental educational services.
Sec. 510. Increasing support for foster children and youth.
Sec. 511. Graduation rates.
Sec. 512. District wide high schools reform.

                      TITLE I--GROWTH MODELS, DATA

                     SYSTEMS, AND EFFECTIVE TEACHERS

     SEC. 101. PURPOSE.

       The purposes of this title are to--
       (1) require States to measure teacher and principal 
     effectiveness;
       (2) develop data systems to measure effectiveness and to 
     permit growth models;
       (3) provide States with the opportunity to opt out of the 
     highly qualified teacher requirements of section 1119 of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6319) once a State implements a highly effective teacher 
     system; and
       (4) provide enhanced funding flexibility for States and 
     local educational agencies with highly effective teacher and 
     principal systems described in section 1119A of such Act (as 
     amended by this Act).

     SEC. 102. AUTHORIZATION OF APPROPRIATIONS.

       For the purpose of carrying out sections 104, 105, and 106, 
     and the amendments made by these sections, there are 
     authorized to be appropriated $400,000,000 for fiscal year 
     2008, $400,000,000 for fiscal year 2009, $500,000,000 for 
     fiscal year 2010, $500,000,000 for fiscal year 2011, and 
     $600,000,000 for fiscal year 2012. The Secretary shall allot 
     to each State--
       (a) an amount that bears the same relation to 50 percent of 
     such funds as the number of students in kindergarten through 
     grade 12 in the State bears to the number of all such 
     students in all States; and
       (b) an equal share of the remaining 50 percent of such 
     funds.

     SEC. 103. REQUIRING STATES TO MEASURE TEACHER EFFECTIVENESS 
                   AND PERMITTING GROWTH MODELS.

       Section 2112(b) of the Elementary and Secondary Education 
     Act of 1965 (20 U.S.C. 6612(b)) is amended by adding at the 
     end the following:
       ``(13) Not later than 4 years after the date of enactment 
     of the All Students Can Achieve Act, a plan to implement a 
     system of identifying highly effective teachers and 
     principals as required under section 1119A.''.

     SEC. 104. DATA SYSTEMS.

       Subpart 1 of part A of title I of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) is 
     amended by inserting after section 1120B the following:

     ``SEC. 1120C. DATA SYSTEMS AND REQUIREMENTS.

       ``(a) In General.--A State receiving assistance under this 
     part shall, not later than 4 years after the date of 
     enactment of the All Students Can Achieve Act--
       ``(1) develop a longitudinal data system for the State or 
     as part of a State consortium that meets the requirements of 
     this section; and
       ``(2) implement the data system after submitting to the 
     Secretary an independently conducted audit certifying that 
     the data system meets the requirements of this section.
       ``(b) Data System Elements.--The data system required by 
     subsection (a) shall include the following:
       ``(1) The use of a unique statewide student identifier for 
     each student enrolled in a school in the State that remains 
     stable over time.
       ``(2) The ability to match the assessment records to each 
     individual student, for each year the student is enrolled in 
     a school in the State.
       ``(3) The collection and processing of data at the student 
     level, including--

[[Page 22864]]

       ``(A) information on students who have not participated in 
     the State academic assessments described in section 
     1111(b)(3) and the reasons those students did not 
     participate;
       ``(B) student enrollment, demographic, including English 
     language proficiency and native language, and academic and 
     intervention program participation information;
       ``(C) information regarding student participation in 
     supplemental educational services under section 1116(e), 
     including--
       ``(i) the type of supplemental educational services 
     provided;
       ``(ii) the dates of such services; and
       ``(iii) the identification of the providers of such 
     services;
       ``(D) student transcript data; and
       ``(E) the existence of an individualized educational plan 
     and other evaluations.
       ``(4) Data for each group described in section 
     1111(b)(2)(C)(v)), regarding--
       ``(A) the graduation rate, as defined in section 
     1111(b)(2)(C)(vi), and an on-time cohort graduation rate; and
       ``(B) each other academic indicator used by the State under 
     section 1111(b)(2)(C)(vii) for public elementary school 
     students.
       ``(5) A statewide audit system to ensure the validity and 
     reliability of data in such system.
       ``(6) A unique statewide teacher identifier for each 
     teacher employed in the State that--
       ``(A) remains stable over time and matches student records, 
     including assessments, to the appropriate teacher; and
       ``(B) provides access to teacher data elements, including--
       ``(i) grade levels and subjects of teaching assignment;
       ``(ii) preparation program participation; and
       ``(iii) professional development program participation.
       ``(7) Ability to link information from the data system to 
     public higher education data systems in the State, in order 
     to gather information on postsecondary education enrollment, 
     placement, persistence, and attainment.
       ``(c) Data System Requirements.--A State implementing a 
     data system required under this section shall--
       ``(1) develop and implement such system in a manner to 
     ensure--
       ``(A) the privacy of student records in the data system, in 
     accordance with the `Family Educational Rights and Privacy 
     Act of 1974' commonly known as Section 444 of the General 
     Education Provisions Act;
       ``(B) the use of effective data architecture (including 
     standard definitions and formatting) and warehousing, 
     including the ability to link student records over time and 
     across databases and to produce standardized or customized 
     reports;
       ``(C) the interoperability among software interfaces used 
     to input, access, and analyze the data of such system;
       ``(D) the interoperability with the system linking migrant 
     student records required under part C;
       ``(E) the electronic portability of data and records in the 
     system; and
       ``(2) provide training for the individuals using and 
     operating such system.
       ``(d) Preexisting Data Systems.--A State that has developed 
     and implemented a longitudinal data system before the date of 
     enactment of the All Students Can Achieve Act may utilize 
     such system for purposes of this section, if the State 
     submits to the Secretary an independently conducted audit 
     described in subsection (a)(2).
       ``(e) Compliance.--Beginning on the date that is 4 years 
     after the date of enactment of the All Students Can Achieve 
     Act, if the Secretary finds, after notice and an opportunity 
     for a hearing, that a State has failed to meet the 
     requirements of this section, the Secretary may, at the 
     discretion of the Secretary, suspend or limit the State's 
     eligibility for assistance under title I of the Elementary 
     and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.).
       ``(f) Regional Consortia Data System Grant Program.--
       ``(1) In general.--From amounts authorized under paragraph 
     (5), the Secretary shall award grants, in accordance with 
     paragraph (3), to regional consortia of States for the 
     activities described in paragraph (4).
       ``(2) Application.--A regional consortium desiring to 
     receive a grant under this subsection shall submit an 
     application to the Secretary at such time, in such manner, 
     and containing such information as the Secretary may require.
       ``(3) Award basis and allotments.--The Secretary shall 
     reserve up to $50,000,000 of the funds authorized under 
     section 102 to award grants, on a competitive basis, to 
     regional consortia of States.
       ``(4) Use of funds.--A regional consortium receiving a 
     grant under this subsection shall use grant funds to develop 
     data systems for multi-State use that meet the requirements 
     of this section.''.

     SEC. 105. HIGHLY EFFECTIVE TEACHERS AND PRINCIPALS.

       Subpart 1 of part A of title I of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) is 
     amended by inserting after section 1119 the following:

     ``SEC. 1119A. HIGHLY EFFECTIVE TEACHERS AND PRINCIPALS.

       ``(a) In General.--Not later than 2 years after completing 
     the data system requirements in section 1120C and not later 
     than 6 years after the date of enactment of the All Students 
     Can Achieve Act, a State receiving assistance under this 
     title shall implement a highly effective teacher and 
     principal system by--
       ``(1) determining the requirements necessary to become a 
     highly effective teacher in the State, which shall--
       ``(A) be based primarily on objective measures of student 
     achievement; and
       ``(B) at a minimum, include that the teacher has 
     demonstrated success in--
       ``(i) effectively conveying and explaining academic subject 
     matter, as evidenced by the increased student academic 
     achievement of the teacher's students; and
       ``(ii) employing strategies that--
       ``(I) are based on scientifically based research;
       ``(II) are specific to the academic subject matter being 
     taught; and
       ``(III) focus on the identification of, and tailoring of 
     academic instruction to, students' specific learning needs, 
     particularly children with disabilities, students with 
     limited English proficient, and students who are gifted and 
     talented;
       ``(2) determining the requirements necessary to become a 
     highly effective principal in the State, which shall be based 
     primarily on increased student academic achievement of each 
     group described in section 1111(b)(2)(C)(v) in the 
     principal's school, as compared to the achievement growth of 
     other schools with similar student populations to the 
     principal's school, as determined by the State; and
       ``(3) implementing a system of identifying teachers and 
     principals determined to be highly effective based on the 
     requirements established by the State under paragraphs (1) 
     and (2).
       ``(b) Peer Review Process.--The Secretary shall establish a 
     peer review process to annually evaluate and rate each 
     State's highly effective teacher and principal requirements, 
     identification system, and resulting data.
       ``(c) Reservation of Funds.--The Secretary shall reserve 
     not more than 10 percent of the funds appropriated for this 
     section or $60,000,000, whichever is less--
       ``(1) to conduct, commission, and disseminate research to 
     determine the most effective methods of determining teacher 
     effectiveness based on objective measures of growth in 
     student achievement; and
       ``(2) to study the most effective uses of such data in 
     improving student achievement.
       ``(d) Waiver of Highly Qualified Teacher Requirements.--
       ``(1) Waiver application.--A State establishing a highly 
     effective teacher and principal system under this section may 
     request a waiver of the highly qualified teacher requirements 
     under subparagraphs (C) and (E) of section 1114(b)(1) and 
     sections 1115(c)(1)(E) and 1119(a) for the State and the 
     local educational agencies within the State, by submitting an 
     application for a waiver to the Secretary at such time, in 
     such manner, and containing such information as the Secretary 
     may reasonably require.
       ``(2) Granting of waiver.--Notwithstanding subparagraphs 
     (C) and (E) of section 1114(b)(1) and sections 1115(c)(1)(E) 
     and 1119(a), the Secretary shall waive the highly qualified 
     teacher requirements under such sections for a State and the 
     local educational agencies within the State--
       ``(A) if the State demonstrates, in the application 
     described in paragraph (1), that the State--
       ``(i) has implemented a highly effective teacher and 
     principal system that meets the requirements of subsection 
     (a) for not less than 1 year; and
       ``(ii) has baseline data regarding student achievement 
     linked to teacher data for the schools in the State for not 
     less than the 2 years preceding the year that the system is 
     implemented; and
       ``(B) the peer review panel described in subsection (b) has 
     determined the State's system to be meritorious for the 
     preceding year.
       ``(e) Funding Flexibility.--The Secretary shall waive, upon 
     the request of a State that has a highly effective teacher 
     and principal system that has been determined to be 
     meritorious by the peer review panel described in subsection 
     (b), the limitations on transfers under section 6123(a) and 
     6123(b).
       ``(f) Consequences for Teachers Who Are Not Highly 
     Effective.--
       ``(1) Professional development.--If a local educational 
     agency receiving assistance under this part evaluates a 
     teacher and finds that the teacher is not highly effective, 
     the local educational agency shall provide the teacher with 
     professional development and other support specifically 
     designed to enable such teacher to produce student learning 
     gains sufficient to become highly effective. Such 
     professional development and support shall be provided during 
     not less than the 4 years following the teacher's 
     identification as not highly effective or until the teacher 
     is evaluated as effective.
       ``(2) Placement of teachers who do not become highly 
     effective.--A local educational agency receiving assistance 
     under this part shall not employ in a school receiving 
     assistance under this part a teacher who has been evaluated 
     as not highly effective

[[Page 22865]]

     and, 4 years after such evaluation, is still evaluated as not 
     highly effective, until such time as the teacher is evaluated 
     as highly effective.
       ``(g) Consequences for Principals Who Are Not Highly 
     Effective.--
       ``(1) Professional development.--If a local educational 
     agency receiving assistance under this part evaluates a 
     principal and finds that the principal is not highly 
     effective, the local educational agency shall provide the 
     principal with professional development and other support 
     specifically designed to enable such principal to produce 
     student learning gains sufficient to become highly effective. 
     Such professional development and support shall be provided 
     during not less than 2 years following the identification as 
     not highly effective or until the principal is evaluated as 
     effective.
       ``(2) Placement of principals who do not become highly 
     effective.--A State or local educational agency receiving 
     assistance under this part shall not employ in a school 
     receiving assistance under this part a principal who has been 
     evaluated as not highly effective and, 3 years after such 
     evaluation, is still evaluated as not highly effective, until 
     such time as the principal is evaluated as highly effective.
       ``(h) Bargaining Agreement Exception and Restrictions on 
     New Agreements.--
       ``(1) In general.--The Secretary shall not determine that a 
     State or local educational agency has failed to comply with 
     section 1119A if the reason for the agency's non-compliance 
     is a contract or collective bargaining agreement that was 
     entered into prior to the date of enactment of this Act.
       ``(2) Restrictions.--A local educational agency or State 
     educational agency shall not enter into a new contract or 
     collective bargaining agreement or renew or extend a contract 
     or collective bargaining agreement that prevents the local 
     educational agency or State educational agency from meeting 
     the requirements of section 1119A after the date of enactment 
     of this Act.''.

     SEC. 106. PERMITTING GROWTH MODEL SYSTEMS.

       Section 1111(b) of the Elementary and Secondary Education 
     Act of 1965 (20 U.S.C. 6311(b)) is amended by adding at the 
     end the following:
       ``(11) Use of growth model systems.--
       ``(A) Definition of growth model system.--In this 
     paragraph, the term `growth model system' means a system 
     that--
       ``(i) calculates the academic growth of each individual 
     student served by a school in the State over time;
       ``(ii) establishes growth targets for each such student, 
     including students who already meet or exceed the proficient 
     or advanced level of academic achievement on a State 
     assessment required under section 1111(b)(3); and
       ``(iii) meets the minimum standards regarding data systems 
     and data quality that the Secretary establishes pursuant to 
     regulation, which standards shall include requirements that 
     the system--
       ``(I) matches the assessment records of a student to the 
     student for each year the student is enrolled in a public 
     school in the State; and
       ``(II) measures student growth at the classroom and school 
     levels.
       ``(B) Use of growth model systems.--Notwithstanding any 
     other provision of law, for purposes of any provision that 
     requires the calculation of a number or percentage of 
     students who meet or exceed the proficient level of academic 
     achievement on a State assessment under paragraph (3), a 
     State authorized by the Secretary to use a growth model 
     system under subparagraph (D) shall calculate such number or 
     percentage by counting--
       ``(i) the students who meet or exceed the proficient level 
     of academic achievement on the State assessment; and
       ``(ii) the students who are on a 3-year growth trajectory 
     toward meeting or exceeding the proficient level.
       ``(C) Application.--A State desiring to develop, enhance, 
     or implement a growth model system shall submit an 
     application to the Secretary, at such time, in such manner, 
     and containing such information as the Secretary may require. 
     This application shall include a description of how students 
     with disabilities and English language learners will be 
     included in growth models.
       ``(D) Authorization for a growth model system.--The 
     Secretary shall authorize a State that has submitted an 
     application to use a growth model system for the purposes of 
     calculating adequate yearly progress if the Secretary 
     determines that--
       ``(i) the State has the capacity to track individual 
     academic growth for not less than the 2 school years 
     preceding the year of application; and
       ``(ii) the State has developed a plan for implementing a 
     highly effective teacher and principal evaluation system.
       ``(E) Rule for existing growth model pilot programs.--
     Notwithstanding this section, a State that, as of the day 
     before the date of enactment of the All Students Can Achieve 
     Act, has been approved by the Secretary to carry out a growth 
     model as a pilot program, may continue to participate in the 
     pilot program instead of the requirements of this section, at 
     the Secretary's discretion.''.

     SEC. 107. INNOVATIVE TEACHER AND SCHOOL INCENTIVE PROGRAMS.

       Part C of title II of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 6671 et seq.) is amended by 
     adding at the end the following:

     ``SUBPART 6--INNOVATIVE TEACHER AND SCHOOL INCENTIVE PROGRAMS

     ``SEC. 2371. INNOVATIVE TEACHER AND SCHOOL INCENTIVE 
                   PROGRAMS.

       ``(a) Grant Fund for Innovative Teacher Programs.--
       ``(1) Grants authorized.--From amounts appropriated for 
     this subsection, the Secretary shall award grants to eligible 
     States to enable the eligible States--
       ``(A) to implement programs to improve professional 
     development for public school educators such as--
       ``(i) establishing professional development committees, 
     which are primarily composed of teachers, to evaluate the 
     school's professional development activities and develop a 
     plan for future activities that better meet the needs of the 
     teachers and the students the teachers serve; and
       ``(ii) providing funding to local education agencies to 
     increase the number of professional development release days; 
     and
       ``(B) to reform teacher compensation, assignment, and 
     tenure policies, including policies providing incentives to 
     encourage the best teachers to teach high-need subjects or in 
     high-need schools.
       ``(2) Definition of eligible state.--In this subsection, 
     the term `eligible State' means a State that, in evaluating 
     teachers, uses objective measures of student learning growth 
     as the primary indicators of teacher performance.
       ``(3) Application.--An eligible State desiring a grant 
     under this subsection shall submit an application at such 
     time, in such manner, and containing such information as the 
     Secretary may require.
       ``(4) Use of peer review panel.--In awarding a grant under 
     this subsection, the Secretary shall--
       ``(A) establish a peer review process to provide 
     recommendations to the Secretary regarding awarding grants 
     under this section; and
       ``(B) ensure that the participants in the peer review 
     process include experts or researchers with knowledge 
     regarding appropriate statistical methodology for assessing 
     teacher effectiveness.
       ``(b) Grants for Innovative School Incentive Programs.--
       ``(1) Grants authorized.--From amounts appropriated for 
     this subsection, the Secretary shall award grants, on a 
     competitive basis, to States to enable the States to 
     implement school-based reward systems that recognize the 
     teamwork (for example, among teachers, administrators, 
     counselors, resource staff, media specialists, and other 
     staff) necessary to improve eligible schools in low-income 
     areas receiving assistance under title I.
       ``(2) Application.--A State desiring a grant under this 
     subsection shall submit an application at such time, in such 
     manner, and containing such information as the Secretary may 
     reasonably require.
       ``(3) Use of funds.--A State receiving a grant under this 
     subsection shall use the grant to implement a school-based 
     reward system described in paragraph (4) for eligible 
     schools.
       ``(4) School-based reward system.--A school-based reward 
     system funded under this subsection shall--
       ``(A) provide award amounts to eligible schools based on--
       ``(i) the degree of improvement of student performance;
       ``(ii) the number of students in the school; and
       ``(iii) the number of teachers, administrators, and staff 
     serving the school;
       ``(B) give the eligible school the discretion to determine 
     the appropriate uses described in subparagraph (C), with 
     guidance and oversight provided by the State educational 
     agency; and
       ``(C) require that the awards be used by the school for any 
     of the following:
       ``(i) Non-recurring bonuses for teachers, administrators, 
     and staff at the school.
       ``(ii) The addition of temporary personnel to continue the 
     school's improvement.
       ``(iii) Providing a limited number of teachers with reduced 
     teaching schedules to permit the teachers to act as mentors 
     at the school or at other schools receiving assistance under 
     title I.
       ``(5) Definition of eligible school.--In this subsection, 
     the term `eligible school' means an elementary or secondary 
     school that--
       ``(A) is in the highest third of schools in the State in 
     terms of the percentage of students eligible for free or 
     reduced-price lunches under the Richard B. Russell National 
     School Lunch Act; and
       ``(B) shows significant improvement in student performance, 
     as compared to similar schools.
       ``(c) Report.--The Secretary shall annually report to 
     Congress on the grants awarded under subsections (a) and (b) 
     and shall evaluate the effectiveness of such grants.
       ``(d) Authorization.--For the purpose of carrying out this 
     subsection, there are authorized to be appropriated 
     $200,000,000 for fiscal year 2008 and for each of the 4 
     succeeding fiscal years.''

[[Page 22866]]



                 TITLE II--CLOSING THE ACHIEVEMENT GAP

     SEC. 201. PURPOSE.

       The purposes of this title are to--
       (1) require the equitable distribution of effective 
     teachers and non-Federal funding;
       (2) increase authorizations for school-improvement funds; 
     and
       (3) provide incentives for States to maintain rigorous 
     assessments by distributing these school-improvement funds 
     according to the number of schools in need of improvement.

     SEC. 202. EQUITABLE DISTRIBUTION OF HIGHLY EFFECTIVE TEACHERS 
                   AND NON-FEDERAL FUNDING.

       (a) In General.--Subpart 1 of part A of title I of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6311 et seq.) is further amended by adding at the end the 
     following:

     ``SEC. 1120D. EQUITABLE DISTRIBUTION OF HIGHLY EFFECTIVE OR 
                   HIGHLY QUALIFIED TEACHERS.

       ``(a) Annual State Educational Agency Report.--
       ``(1) In general.--Each State educational agency receiving 
     assistance under this part shall annually prepare and submit 
     to the Secretary, and make available to the public, a report 
     on the equitable distribution of--
       ``(A) highly effective teachers and principals in the 
     State; or
       ``(B) in the case of a State that has not yet implemented a 
     highly effective teacher system under section 1119A or for 
     which highly effective teacher evaluations have not been 
     completed, highly qualified teachers in the State.
       ``(2) State report content.--The report described in 
     paragraph (1) shall include the following:
       ``(A) The percentage of public elementary school and 
     secondary school teachers in the State who are not highly 
     effective or highly qualified, as applicable.
       ``(B) The specific steps the State educational agency is 
     taking to address any disproportionate assignment of teachers 
     who are not highly effective or highly qualified in the 
     schools and local educational agencies of the State.
       ``(C) A description of progress made regarding the State's 
     capacity to implement a system for measuring individual 
     teacher effectiveness.
       ``(D) A comparison between the elementary and secondary 
     schools in the State in the highest quartile in terms of the 
     percentage of students eligible for free and reduced-price 
     lunches under the Richard B. Russell National School Lunch 
     Act, and such schools in the lowest quartile, with respect to 
     each of the following:
       ``(i) The annual teacher attrition rate.
       ``(ii) The percentage of classes taught by teachers who are 
     not highly effective or highly qualified, as applicable.
       ``(iii) The percentage of such schools with principals who 
     are not highly effective, if the State has implemented highly 
     effective principal evaluations under section 1119A.
       ``(E) A comparison between the public schools in the State 
     in the highest quartile in terms of the percentage of 
     minority student enrollment, and such schools in the lowest 
     quartile, with respect to each category described in clauses 
     (i) through (iii) of subparagraph (D).
       ``(F) A compendium of statewide data and local educational 
     reports described in subsection (b).
       ``(G) Such other information as the Secretary may 
     reasonably require.
       ``(b) Annual Local Educational Agency Report.--
       ``(1) In general.--Each local educational agency receiving 
     assistance under this part shall annually prepare and submit 
     to the State educational agency, and make available to the 
     public, a report on the equitable distribution of--
       ``(A) highly effective teachers and principals in the 
     elementary and secondary schools served by the local 
     educational agency; or
       ``(B) in the case of a local educational agency in a State 
     that is not implementing a highly effective teacher system 
     under section 1119A or for which highly effective teacher 
     evaluations have not been completed, highly qualified 
     teachers in the elementary and secondary schools served by 
     the local educational agency.
       ``(2) Report contents.--The report required under this 
     subsection shall include--
       ``(A) The percentage of public elementary school and 
     secondary school teachers employed by the local educational 
     agency who are not highly effective or highly qualified, as 
     applicable.
       ``(B) The specific steps the local educational agency is 
     taking to address any disproportionate assignment of teachers 
     who are not highly effective or highly qualified, as 
     applicable.
       ``(C) A comparison between the elementary schools and 
     secondary schools served by the local educational agency in 
     the highest quartile in terms of the percentage of students 
     eligible for free and reduced-price lunches under the Richard 
     B. Russell National School Lunch Act, and such schools in the 
     lowest quartile, with respect to each of the following:
       ``(i) The annual teacher attrition rate.
       ``(ii) The percentage of classes taught by teachers who are 
     not highly effective or highly qualified, as applicable.
       ``(iii) The percentage of public schools with principals 
     who are not highly effective, in States that have implemented 
     highly effective principal evaluations under section 1119A.
       ``(D) A comparison between the public schools served by the 
     local educational agency in the highest quartile in terms of 
     minority student enrollment, and such schools in the lowest 
     quartile, with respect to each category described in clauses 
     (i) through (iii) of subparagraph (C).
       ``(E) Specific, measurable, and quantifiable annual goals 
     for achieving equity in the distribution of teachers who are 
     highly effective or highly qualified, as applicable.
       ``(F) Such other information as the Secretary may 
     reasonably require.
       ``(c) Local Educational Agency Plans.--Not later than 180 
     days after the date of enactment of the All Students Can 
     Achieve Act, each local educational agency receiving 
     assistance under this part shall submit a plan to the State 
     educational agency that describes how the local educational 
     agency will achieve equitable assignment of highly effective 
     teachers (or, in the case of a local educational agency in a 
     State that has not yet implemented a highly effective teacher 
     system, highly qualified teachers) to high-poverty and high-
     minority schools.

     ``SEC. 1120E. EQUITABLE DISTRIBUTION OF NON-FEDERAL FUNDING.

       ``(a) Requirements.--
       ``(1) In general.--Not later than 3 years after the date of 
     enactment of the All Students Can Achieve Act, each State 
     educational agency receiving assistance under this title 
     shall provide evidence to the Secretary that the non-Federal 
     funds used by the State for public elementary and secondary 
     education, including those funds used for actual, and not 
     estimated or averaged, teacher salaries, based upon classroom 
     hours, for each fiscal year, are distributed equitably across 
     the schools within each local educational agency.
       ``(2) Information on school report cards.--If, for a fiscal 
     year, a school receiving assistance under this part receives 
     significantly less than the average non-Federal school 
     funding provided to schools in the local educational agency 
     for such year, the local educational agency shall include in 
     the school report card required under section 
     1111(h)(2)(B)(ii) for such school the amount by which the 
     school's non-Federal school funding is significantly below 
     the average non-Federal school funding for schools served by 
     the local educational agency.
       ``(3) Evaluation.--2 years after the date of enactment of 
     the All Students Can Achieve Act, and every year thereafter, 
     the Inspector General of the Department shall--
       ``(A) evaluate 5 State educational agencies that receive 
     assistance under this part and 10 local educational agencies 
     that receive assistance under this part, to determine such 
     agencies' progress in meeting the requirements of this 
     section; and
       ``(B) prepare and distribute a report regarding the 
     findings of the evaluation to the Secretary and to the 
     Committee on Health, Education, Labor, and Pensions of the 
     Senate and the Committee on Education and Labor of the House 
     of Representatives.
       ``(b) Regulations and Guidelines.--
       ``(1) State educational agency regulations.--Not later than 
     180 days after the date of enactment of the All Students Can 
     Achieve Act, the Secretary shall promulgate regulations for 
     State educational agencies regarding how to review the State 
     educational agency's rules and guidelines and work with local 
     educational agencies to establish plans and timelines for 
     providing equitable non-Federal funding to all schools in the 
     State who receive assistance under this title.
       ``(2) Guidelines for local educational agencies.--Not later 
     than 1 year after the issuance of the regulations described 
     in paragraph (1), each State educational agency receiving 
     assistance under this part shall--
       ``(A) develop guidelines for local educational agencies 
     regarding the local educational agencies' responsibilities 
     under this section; and
       ``(B) distribute such guidelines to the local educational 
     agencies and make such guidelines publicly available.
       ``(3) Local educational agency plans.--Not later than 180 
     days after the receipt of the State educational agency's 
     guidelines described in paragraph (2), each local educational 
     agency in the State that receives assistance under this part 
     shall develop and submit to the State educational agency a 
     plan that--
       ``(A) describes how the local educational agency will 
     ensure the equitable distribution of non-Federal funds;
       ``(B) includes a timeline that provides for the 
     implementation of the plan by not later than 3 years after 
     the local educational agency has received the guidelines 
     under paragraph (3); and
       ``(C) shall be made publicly available.
       ``(c) Definition of Non-Federal Funds.--In this section, 
     the term `non-Federal funds' means the amount of State and 
     local funds provided to a school (including those State and 
     local funds used for teacher salaries but not including any 
     Federal funding).

[[Page 22867]]



     ``SEC. 1120F. MAKE WHOLE PROVISIONS.

       ``If a State has not achieved an equitable distribution, 
     within local educational agencies, of effective teachers and 
     non-Federal funds 3 years after the date of enactment of the 
     All Students Can Achieve Act, the Secretary may withhold a 
     portion of the State's funds under the All Students Can 
     Achieve Act.''.
       (b) Report Card.--Section 1111(h)(2)(B)(ii) of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6311(h)(2)(B)(ii)) is amended--
       (1) in subclause (I), by striking ``and'' after the 
     semicolon;
       (2) in subclause (II), by striking he period and inserting 
     a semicolon and ``and ``; and
       (3) by inserting after clause (II), as so amended, the 
     following:
       ``(III) the information required under section 1120E(a)(2), 
     if required for such school; and''.

     SEC. 203. STRENGTHEN AND FOCUS STATE CAPACITY FOR SCHOOL 
                   IMPROVEMENT EFFORTS.

       (a) School Improvement Grant Authorization of 
     Appropriations.--Section 1002(i) of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6302(i)) is 
     amended by striking ``appropriated $500,000,000'' and all 
     that follows through the period and inserting 
     ``appropriated--
       ``(1) $600,000,000 for fiscal year 2008;
       ``(2) $700,000,000 for fiscal year 2009;
       ``(3) $800,000,000 for fiscal year 2010;
       ``(4) $900,000,000 for fiscal year 2011; and
       ``(5) $1,000,000,000 for fiscal year 2012.''.
       (b) State Administration.--Section 1003 of the Elementary 
     and Secondary Education Act of 1965 (20 U.S.C. 6303) is 
     amended--
       (1) in subsection (g)(2), by striking ``the funds received 
     by the States, the Bureau of Indian Affairs, and the outlying 
     areas, respectively, for the fiscal year under parts A, C, 
     and D of this title.'' and inserting ``the number of schools 
     in the States, the Department of Interior, and the outlying 
     areas, respectively, that are not making adequate yearly 
     progress for the most recent school year for which 
     information is available.''; and
       (2) by adding at the end the following:
       ``(h) Additional Amounts for Administrative Costs.--
       ``(1) In general.--Notwithstanding subsections (a), (b), 
     and (g), in addition to the amounts reserved under subsection 
     (a) but not allocated under subsection (b)(1) and the amounts 
     of a grant award described in subsection (g)(7), a State may 
     use an additional percentage of the amounts reserved under 
     subsection (a) and the grant award under subsection (g), not 
     to exceed 15 percent of the sum of such reserved amounts and 
     grant award, if the State matches the dollar amount of such 
     additional amount with an equal amount of State funds.
       ``(2) Use of funds.--A State that elects to use an 
     additional percentage described in paragraph (1) shall use 
     such funds, and the required matching State funds, to build 
     more capacity at the State level to diagnose, intervene in, 
     and assist schools--
       ``(A) by supporting State personnel in carrying out the 
     responsibilities under this section; or
       ``(B) by entering into contracts with non-profit entities 
     with a record of assisting in the improvement of persistently 
     low-performing schools.''.
       (c) Extending the Four Percent School Improvement State 
     Reservations.--Section 1003 of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 6303) is amended in 
     subsection (a)--
       (1) by striking ``2 percent'' and inserting ``4 percent''; 
     and
       (2) by striking ``for fiscal years 2002'' and all that 
     follows through ``2007,'' and inserting ``for each fiscal 
     year''.

                  TITLE III--ACHIEVING HIGH STANDARDS

     SEC. 301. PURPOSES.

       The purposes of this title are to--
       (1) enhance the National Assessment Governing Board and the 
     Board's responsibilities to develop 21st century performance-
     based American standards and assessments, including world-
     class alternate assessments for students with disabilities 
     and English-language learners, with incentives for States to 
     adopt voluntarily the American standards and assessments;
       (2) align State curricula with college and workplace needs 
     through State P-16 commissions covering pre-kindergarten 
     through college in the subjects of reading or language arts, 
     history, science, technology, engineering, and mathematics; 
     and
       (3) require the Department of Education to report annually 
     on the quality and rigor of the model American and the State 
     standards and assessments.

     SEC. 302. AUTHORIZATION OF APPROPRIATIONS.

       For the purpose of carrying out this title and the 
     amendments made by this title, in addition to other amounts 
     already authorized, there are authorized to be appropriated 
     $250,000,000 for fiscal year 2008 and for each of the 4 
     succeeding fiscal years.

               PART A--AMERICAN STANDARDS AND ASSESSMENTS

     SEC. 311. AMERICAN STANDARDS AND ASSESSMENTS.

       (a) National Assessment Governing Board.--Section 302 of 
     the National Assessment of Educational Progress Authorization 
     Act (20 U.S.C. 9621) is amended--
       (1) in subsection (b)(1)--
       (A) in subparagraph (G), by striking ``Three classroom 
     teachers representing'' and inserting ``Six classroom 
     teachers with 2 each representing'';
       (B) in subparagraph (H), by striking ``One representative 
     of business or industry'' and inserting ``Three 
     representatives of business or industry''; and
       (C) by adding at the end the following: ``(O) Two members 
     from higher education.'';
       (2) in subsection (e)--
       (A) in paragraph (1)--
       (i) in subparagraph (I), by striking ``and'' after the 
     semicolon;
       (ii) in subparagraph (J), by striking the period and 
     inserting ``; and''; and
       (iii) by adding at the end the following:
       ``(K)(i) create American content and performance standards 
     and assessments in language arts or reading, mathematics, and 
     science for grades 3 through 12;
       ``(ii) create high-quality alternative assessments for 
     students with disabilities and English-language learners for 
     use by States;
       ``(iii) provide web-based mechanisms for States to receive 
     timely results from these assessments and alternate 
     assessments;
       ``(iv) extrapolate such standards and assessments based on 
     the National Assessment of Educational Progress frameworks; 
     and
       ``(v) ensure that such standards and assessments are 
     aligned with college and workplace readiness skills.''; and
       (B) by adding at the end the following:
       ``(7) Report on American standards.--The Assessment Board 
     shall issue a report to the Secretary containing the model 
     standards and describe the assessments specified in paragraph 
     (1)(K).'';
       (3) in subsection (f)--
       (A) in paragraph (2)(B), by striking ``not more than six''; 
     and
       (B) by adding at the end the following:
       ``(3) Detailees.--Any Federal Government employee may be 
     detailed to the Governing Board without reimbursement from 
     the Board, and such detailee shall retain the rights, status, 
     and privileges of such employee's regular employment without 
     interruption.''.
       (b) Amendment to State Plans.--Section 1111 of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6311) is amended--
       (1) in subsection (c)(2), by striking ``reading and 
     mathematics'' and inserting ``reading, mathematics, and 
     science''; and
       (2) by adding at the end the following:
       ``(n) Use by States of Model American Standards and 
     Assessments.--
       ``(1) In general.--Notwithstanding any other provision of 
     this Act, upon issuance of the report under section 302(e)(7) 
     of the National Assessment of Educational Progress 
     Authorization Act, each State desiring to receive funding 
     under this part shall--
       ``(A) adopt the model American standards and assessments 
     specified in that report for use in carrying out this 
     section;
       ``(B) modify the State's existing academic standards and 
     assessments to align with those model American standards and 
     assessments; or
       ``(C) continue using the State's existing academic 
     standards and academic assessments or those of a regional 
     consortium.
       ``(2) Secretary to evaluate standards and assessments of 
     states not adopting model american standards and 
     assessments.--The Secretary shall--
       ``(A) analyze the academic standards and assessments of 
     States that do not adopt the model American standards and 
     assessments; and
       ``(B) compare such academic standards and assessments to 
     the model American standards and assessments, using a common 
     scale.
       ``(3) Annual report.--The Secretary shall annually report 
     to Congress on any variance in quality and rigor between the 
     model American standards and assessments adopted by the 
     Assessment Board and the standards and assessments used by 
     the States. Until development and implementation of the model 
     American standards and assessments adopted by the Assessment 
     Board, the Secretary shall report annually to the public on 
     differences between State assessment results and results from 
     the National Assessment of Educational Progress.''.
       (c) Amendment to Local Plans.--Section 1112(b)(1)(F) of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6311(b)(1)(F)) is amended by striking ``reading and 
     mathematics'' and inserting ``reading, mathematics, and 
     science''.
       (d) National Assessment Governing Board.--Section 303 of 
     the National Assessment of Educational Progress Authorization 
     Act (20 U.S.C. 9621) is amended--
       (1) in subsection (b)(1), by striking ``reading, 
     mathematics'' and inserting ``reading, mathematics, 
     science'';
       (2) in subsection (b)(2)(B), by striking ``reading and 
     mathematics'' and inserting ``reading, mathematics, and 
     science'';
       (3) in subsection (b)(2)(C), by striking ``reading and 
     mathematics'' and inserting ``reading, mathematics, and 
     science'';
       (4) in subsection (b)(2)(E), by striking ``reading and 
     mathematics'' and inserting ``reading, mathematics, and 
     science'';
       (5) in subsection (b)(3)(A)(i), by striking ``reading and 
     mathematics'' and inserting ``reading, mathematics, and 
     science'';

[[Page 22868]]

       (6) in subsection (b)(3)(A)(ii), by striking ``reading and 
     mathematics'' and inserting ``reading, mathematics, and 
     science''; and
       (7) in subsection (b)(3)(C)(ii), by striking ``reading and 
     mathematics'' and inserting ``reading, mathematics, and 
     science''.

               PART B--P-16 EDUCATION STEWARDSHIP SYSTEMS

     SEC. 321. P-16 EDUCATION STEWARDSHIP COMMISSION.

       (a) P-16 Education Stewardship Commission.--
       (1) In general.--Each State that receives assistance under 
     part A of title I of the Elementary and Secondary Education 
     Act of 1965 (20 U.S.C. 6311 et seq.) shall establish a P-16 
     education stewardship commission that has the policymaking 
     ability to meet the requirements of this section.
       (2) Existing commission.--The State may designate an 
     existing coordinating body or commission as the State P-16 
     education stewardship commission for purposes of this title, 
     if the body or commission meets, or is amended to meet, the 
     basic requirements of this section.
       (b) Membership.--
       (1) Composition.--Each P-16 education stewardship 
     commission shall be composed of the Governor of the State, or 
     the designee of the Governor, and the stakeholders of the 
     statewide education community, as determined by the Governor 
     or the designee of the Governor, such as--
       (A) the chief State official responsible for administering 
     prekindergarten through grade 12 education in the State;
       (B) the chief State official of the entity primarily 
     responsible for the supervision of institutions of higher 
     education in the State;
       (C) bipartisan representation from the State legislative 
     committee with jurisdiction over prekindergarten through 
     grade 12 education and higher education;
       (D) representatives of 2- and 4-year institutions of higher 
     education in the State;
       (E) public elementary and secondary school teachers 
     employed in the State;
       (F) representatives of the business community; and
       (G) at the discretion of the Governor, or the designee of 
     the Governor, representatives from pre-kindergarten through 
     grade 12 and higher education governing boards and other 
     organizations.
       (2) Chairperson; meetings.--The Governor of the State, or 
     the designee of the Governor, shall serve as chairperson of 
     the P-16 education stewardship commission and shall convene 
     regular meetings of the commission.
       (c) Duties of the Commission.--
       (1) Meetings.--Each State P-16 education stewardship 
     commission shall convene regular meetings.
       (2) Commission recommendations.--Not later than 18 months 
     after a State receives funds under section 303, and annually 
     thereafter, the State P-16 education stewardship commission 
     informed by the higher education institutions in the State 
     shall--
       (A) develop recommendations to better align the content 
     knowledge requirements for secondary school graduates with 
     the knowledge and skills needed to succeed in postsecondary 
     education and the workforce in the subjects of reading or 
     language arts, history, mathematics, science, technology, and 
     engineering, and, at the discretion of the Commission, 
     additional academic content areas;
       (B) develop recommendations regarding the prerequisite 
     skills and knowledge, patterns of coursework, and other 
     academic factors including--
       (i) the prerequisite skills and knowledge expected of 
     incoming freshmen at institutions of higher education to 
     successfully engage in and complete postsecondary-level 
     general education coursework without the prior need to enroll 
     in developmental coursework; and
       (ii) patterns of coursework and other academic factors that 
     demonstrate the highest correlation with success in 
     completing postsecondary-level general education coursework 
     and degree or certification programs, particularly with 
     respect to science, technology, engineering, and mathematics; 
     and
       (C) develop recommendations and enact policies to increase 
     the success rate of students in the students' transition from 
     secondary school to postsecondary education, including 
     policies to increase success rates for--
       (i) students of economic disadvantage;
       (ii) students of racial and ethnic minorities;
       (iii) students with disabilities; and
       (iv) students with limited English proficiency.

     SEC. 322. P-16 EDUCATION STATE PLANS.

       (a) In General.--Each State receiving assistance under part 
     A of title I of the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 6311 et seq.) shall develop a plan that 
     includes, at a minimum, the following:
       (1) A demonstration that the State will work with the State 
     P-16 education stewardship commission and others, as 
     necessary, to examine the relationship among the content of 
     postsecondary education admission and placement exams, the 
     prerequisite skills and knowledge required to successfully 
     take postsecondary-level general education coursework, the 
     pre-kindergarten through grade 12 courses and academic 
     factors associated with academic success at the postsecondary 
     level, particularly with respect to science, technology, 
     engineering, and mathematics, and existing academic standards 
     and aligned academic assessments.
       (2) A description of how the State will, using the 
     information from the State P-16 education stewardship 
     commission, increase the percentage of students taking 
     courses that have the highest correlation of academic success 
     at the postsecondary level, for each of the following groups 
     of students:
       (A) Economically disadvantaged students.
       (B) Students from each major racial and ethnic group within 
     the State.
       (C) Students with disabilities.
       (D) Students with limited English proficiency.
       (3) A description of how the State will distribute the 
     information in the P-16 education stewardship commission's 
     report to the public in the State, including public secondary 
     schools, local educational agencies, school counselors, P-16 
     educators, institutions of higher education, students, and 
     parents.
       (4) An assurance that the State will continue to pursue 
     effective P-16 education alignment strategies.
       (b) Submission.--Each State shall submit the State plan 
     described in subsection (a) to the Secretary not later than 1 
     year of the date of the enactment of this Act.

     SEC. 323. P-16 EDUCATION STEWARDSHIP SYSTEM GRANTS.

       (a) Program Authorized.--From amounts appropriated under 
     this section, the Secretary shall award grants, from 
     allotments under subsection (b), to States to enable the 
     States--
       (1) to establish P-16 education stewardship commissions in 
     accordance with section 321; and
       (2) to carry out the activities and programs described in 
     the State plan submitted under section 322.
       (b) Allotments.--The Secretary shall allot the amounts 
     available for grants under this section equally among the 
     States that have submitted plans described in section 322. 
     Each such plan shall include a demonstration that the State, 
     not later than 5 months after receiving grant funds under 
     this section, will establish a P-16 education stewardship 
     commission described in section 321.

     SEC. 324. REPORTS.

       (a) In General.--Not later than 18 months after a State 
     receives funds under this section, and annually thereafter, 
     the State P-16 education stewardship commission shall prepare 
     and submit to the Governor, and make easily accessible and 
     available to the public, a clear and concise report that 
     shall include the recommendations described in section 
     321(c)(2).
       (b) Distribution to the Public.--Not later than 60 days 
     after the submission of a report under subsection (a), each 
     State P-16 education stewardship commission shall publish and 
     widely distribute the information in the report in various 
     concise and understandable formats to targeted audiences such 
     as--
       (1) all public secondary schools and local educational 
     agencies;
       (2) school counselors;
       (3) P-16 educators;
       (4) institutions of higher education; and
       (5) students and parents, especially students and parents 
     of students listed in subparagraphs (A) through (D) of 
     section 322(a)(2) and those entering grade 9 in the next 
     academic year, to assist students and parents in making 
     informed and strategic course enrollment decisions.

                 TITLE IV--STRENGTHENING ACCOUNTABILITY

     SEC. 401. PURPOSES.

       The purposes of this title are--
       (1) to divide the accountability structure for schools 
     under the Elementary and Secondary Education Act of 1965 to 
     provide--
       (A) comprehensive intervention for schools that do not make 
     adequate yearly progress because groups comprising 
     collectively 50 percent or more of the students in the school 
     have not achieved the State objectives under section 
     1111(b)(2)(G) of such Act; and
       (B) focused intervention for schools that do not make 
     adequate yearly progress because groups comprising 
     collectively less than 50 percent of the students in the 
     school have not achieved such objectives;
       (2) to strengthen the program of providing supplemental 
     educational services;
       (3) to count all children and increase rigor by ensuring 
     that the State calculations of adequate yearly progress have 
     limits on student thresholds and also on statistical 
     confidence intervals that do not exceed 95 percent 
     confidence;
       (4) to add science to the subjects included in the adequate 
     yearly progress calculations in the academic assessments 
     under section 1111(b)(3) of such Act;
       (5) to support research and development for mathematics and 
     science partnerships;
       (6) to amend the provisions regarding the accountability 
     for students with disabilities and English-language learners;
       (7) to screen children entering schools identified as in 
     need of comprehensive intervention under section 1116(b)(1) 
     of such Act; and

[[Page 22869]]

       (8) to develop the Adjunct Teacher Corps to meet the 
     country's needs for teachers in critical foreign languages 
     and science, technology, engineering, and mathematics.

     SEC. 402. AUTHORIZATIONS.

       For the purpose of carrying out this title and the 
     amendments made by this title, there are authorized to be 
     appropriated $250,000,000 for fiscal year 2008 and for each 
     of the 4 succeeding fiscal years.

     SEC. 403. SCHOOL INTERVENTION PLAN DEVELOPMENT.

       Part A of title I of the Elementary and Secondary Education 
     Act of 1965 is further amended by inserting before section 
     1116 the following:

     ``SEC. 1115A. SCHOOL INTERVENTION PLAN DEVELOPMENT.

       ``(a) In General.--A school that does not make adequate 
     yearly progress but has not been so identified for the 
     immediate preceding year shall, not later than the end of the 
     first year following such identification--
       ``(1) develop, in conjunction with the local educational 
     agency and in consultation with parents, teachers, 
     administrators, students, and school-intervention specialists 
     from the local educational agency or the State educational 
     agency, a school-intervention plan;
       ``(2) obtain approval of the plan from the local 
     educational agency and certification from the superintendent 
     that the plan meets the requirements of this subparagraph and 
     is reasonably designed to ensure that the school will meet 
     adequate yearly progress targets for the following year; and
       ``(3) after approval, make the school-intervention plan 
     publicly available.
       ``(b) Contents of Plan.--A school plan under this section 
     shall--
       ``(1) analyze and address systemic causes for the school's 
     inability to make adequate yearly progress;
       ``(2) identify the specific reasons why the school did not 
     make adequate yearly progress;
       ``(3) articulate a plan to improve instruction and 
     achievement that addresses how the school will--
       ``(A) implement curriculum and benchmark assessments that 
     are aligned with the State academic content standards and 
     student academic achievement standards, if collectively more 
     than 50 percent of students are contained within groups that 
     did not meet adequate yearly progress;
       ``(B) expand instructional time for students who have not 
     met the proficient level or are not making sufficient 
     progress toward reaching such level on the State academic 
     assessments;
       ``(C) ensure that first-year teachers are not 
     disproportionately assigned to students described in 
     subparagraph (B);
       ``(D) ensure that all teachers in the school receive 
     assistance and support in implementing the curriculum, 
     evidence-based intervention models, benchmark assessments, 
     and additional instructional time;
       ``(E) if the subgroup of limited English proficient 
     students does not make adequate yearly progress, articulate 
     how the school will work with the local educational agency to 
     redeploy, as permitted, funds made available to the local 
     educational agency under title III;
       ``(F) if the subgroup of students with disabilities did not 
     make adequate yearly progress, articulate how the school will 
     work with the local educational agency to redeploy, as 
     permitted, funds made available to the local educational 
     agency under the Individuals with Disabilities Education Act 
     (20 U.S.C. 1411 et seq.);
       ``(G) include data on the school, relevant to the factors 
     identified in the plan, from the local educational agency's 
     report under section 1120D; and
       ``(H) identify specific actions that the local educational 
     agency will take to make supplemental educational services 
     and public school transfer available.''.

     SEC. 404. COMPREHENSIVE AND FOCUSED INTERVENTION.

       Section 1116 of the Elementary and Secondary Education Act 
     of 1965 (20 U.S.C. 6316) is amended)--
       (1) in subsection (a)(1)(B)--
       (A) by striking ``subject to school improvement'' and 
     inserting in lieu thereof ``subject to comprehensive 
     intervention or focused intervention''; and
       (B) by striking ``for school improvement'' and inserting in 
     lieu thereof ``for comprehensive intervention or focused 
     intervention'';
       (2) by striking subsection (b) and inserting the following:
       ``(b) School Intervention.--
       ``(1) Comprehensive interventions.--
       ``(A) Identification.--
       ``(i) In general.--A local educational agency shall 
     identify as in need of comprehensive intervention, any 
     elementary school or secondary school served under this part 
     that does not make, for 2 or more consecutive years, adequate 
     yearly progress as defined in the State's plan under section 
     1111(b)(2) because--
       ``(I) the group of all students at the school did not meet 
     the objectives set by the State under section 1111(b)(2)(G); 
     or
       ``(II) 1 or more groups of students specified in section 
     1111(b)(2)(C)(v) that collectively represents 50 percent or 
     more of the students in the school's enrollment did not meet 
     such objectives.
       ``(ii) Transfer to focused intervention.--In the case of a 
     school that has been identified as in need of comprehensive 
     intervention under clause (i), the school shall be 
     transferred to the year under the focused intervention 
     timeline, as defined in paragraph (2)(A)(i), where the school 
     would have fallen if the school had never needed 
     comprehensive intervention, if the school--
       ``(I) makes adequate yearly progress for 2 consecutive 
     years for groups that collectively contain more than 50 
     percent of the students; and
       ``(II) does not make adequate yearly progress for one or 
     more subgroups for 2 or more consecutive years for the same 
     subgroups.
       ``(iii) Exiting comprehensive intervention.--In the case of 
     a school that has been identified as in need of comprehensive 
     intervention under clause (i), the school shall continue to 
     be identified as in need of comprehensive intervention and 
     subject to the requirements of this section until--
       ``(I) the school makes adequate yearly progress for 2 
     consecutive years for groups that collectively contain more 
     than 50 percent of the students; or
       ``(II) the school year following the implementation of a 
     comprehensive restructuring plan under subparagraph (E).
       ``(B) Hiring, transferring, and professional development 
     requirements for identified schools.--
       ``(i) In general.--Subject to clause (iii), a local 
     educational agency or State educational agency receiving 
     assistance under this part shall--
       ``(I) permit a school identified as being in need of 
     comprehensive intervention under subparagraph (A) to deny 
     transfer requests from teachers;
       ``(II) provide such school with priority in the hiring 
     timeline for the local educational agency or State 
     educational agency; and
       ``(III) in the case of a school that has been identified as 
     being in need of comprehensive intervention for 2 or more 
     years, allow the school to add additional professional 
     development hours for teachers if the professional 
     development is included as part of the approved intervention 
     plan defined in this subsection for the school.
       ``(ii) Determination by secretary.--Each local educational 
     agency or State educational agency receiving assistance under 
     this part shall demonstrate to the Secretary that the agency 
     can meet the requirements of clause (i) by not later than 3 
     years after the date of enactment of this Act. If the 
     Secretary determines that the local educational agency or 
     State educational agency has failed to meet this requirement, 
     the Secretary may withhold a portion of funds to the State 
     educational agency under this title.
       ``(iii) Bargaining agreement exception and Restrictions on 
     New Agreements.--
       ``(I) In general.--The Secretary shall not determine that a 
     State educational agency has failed to comply with clause (i) 
     if the reason for the agency's non-compliance is a contract 
     or collective bargaining agreement that was entered into 
     prior to the date of enactment of this Act.
       ``(II) Restrictions.--A local educational agency or State 
     educational agency shall not enter into a new contract or 
     collective bargaining agreement, or renew or extend a 
     contract or collective bargaining agreement, that prevents 
     the local educational agency or State educational agency from 
     meeting the requirements of clause (i) after the date of 
     enactment of the All Students Can Achieve Act.
       ``(C) Plan implementation in years 1, 2, 3, and 4.--
       ```(i) In general.--In the case of a school that has been 
     identified as in need of comprehensive intervention for less 
     than 5 consecutive years-
       ``(I) the school shall implement the approved school 
     intervention plan developed under section 1115A; and
       ``(II) not later than the beginning of the first school 
     year of intervention plan implementation, and for each of the 
     succeeding years if the school remains in need of 
     comprehensive or focused intervention, the local educational 
     agency shall arrange for the provision of supplemental 
     educational services; and
       ``(III) by not later than 6 weeks before the start of the 
     first school year of intervention plan implementation, the 
     local educational agency serving the school shall notify the 
     parents of the students attending the school of the parents' 
     right to transfer their child to another public school that 
     is not identified as in need of comprehensive intervention 
     including the out of district transfer program in section 
     503.
       ``(ii) Plan and progress review.--In the case of a school 
     that is required to carry out a comprehensive school 
     improvement plan under this subparagraph, the local 
     educational agency and the State educational agency shall 
     annually review the school's implementation of the plan and 
     progress for each year that the school is designated as in 
     need of comprehensive intervention.
       ``(D) Restructuring plan development in year 4.--
       ``(i) In general.--In the case of a school identified as in 
     need of comprehensive intervention for 4 consecutive years, 
     the local

[[Page 22870]]

     educational agency, in consultation with the school and in 
     addition to plan implementation as defined in subparagraph 
     (C), shall, by not later than the end of the year--
       ``(I) develop a comprehensive restructuring plan, in 
     consultation with school intervention specialists, where 
     available, from the State educational agency, parent and 
     community representatives, and local government officials;
       ``(II) obtain--
       ``(aa) approval of the plan from a peer review panel 
     selected by the chief State school officer; and
       ``(bb) certification by the chief State school officer that 
     the plan meets the requirements of this subparagraph and is 
     designed to ensure that the school will make adequate yearly 
     progress in the succeeding years; and
       ``(III) make the comprehensive restructuring plan public.
       ``(ii) Restructuring options.--A comprehensive 
     restructuring plan for a school subject to this subparagraph 
     shall include details sufficient to carry out one of the 
     following as consistent with State law:
       ``(I) Closing and reopening the school as a charter school 
     even if the addition of such school would exceed the State's 
     limit on the number of charter schools that may operate in 
     the State, city, county, or region.
       ``(II) Closing and reopening the school under the 
     management of a private or non-profit organization with a 
     proven record of improving schools.
       ``(III) Closing and reopening the school under the direct 
     administration of the State educational agency or the chief 
     executive officer of a State or local government entity, such 
     as a governor or mayor.
       ``(IV) Reassigning the majority of the staff at the school, 
     and ensuring that in the subsequent year the staff serving 
     the school does not have a greater percentage of teachers who 
     are not highly effective than the average percentage of such 
     teachers in the schools served by the local educational 
     agency.
       ``(iii) Multiple restructuring exception.--
       ``(I) Exception.--Notwithstanding subparagraph (A) or 
     clause (i), if 10 percent or more of the schools served by a 
     local educational agency are required to develop a 
     comprehensive restructuring plan, the local educational 
     agency, with the approval and cooperation of the State 
     educational agency, may carry out the requirements of this 
     subparagraph for a limited number of the lowest performing of 
     such schools, as described in subclause (II).
       ``(II) Limited number of schools.--The number of schools 
     described in this subclause shall be not less than the 
     greater of--
       ``(aa) 10 percent of the number of the schools served by 
     the local educational agency; or
       ``(bb) 1.
       ``(III) Rule for nonselected schools.--A school identified 
     for comprehensive restructuring that is not one of the 
     limited number of lowest performing schools under this clause 
     shall be subject to comprehensive restructuring in subsequent 
     years and comparable expenditures under subparagraph (F) 
     unless the school exits comprehensive intervention.
       ``(E) Year 5--comprehensive restructuring plan 
     implementation.--A school that has been identified as in need 
     of comprehensive intervention for 5 consecutive years, shall, 
     subject to the exemption in subparagraph (D)(iii), fully 
     implement the comprehensive restructuring plan by not later 
     than the end of the year following such identification.
       ``(F) Rule of construction.--Nothing in this section shall 
     be construed to preclude a local educational agency from 
     implementing a policy of carrying out a comprehensive 
     restructuring of a school more quickly than is required by 
     this section.
       ``(2) Focused intervention.--
       ``(A) Identification.--
       ``(i) In general.--If any elementary school or secondary 
     school served under this part does not, for 2 or more 
     consecutive years, make adequate yearly progress as defined 
     in the State's plan under section 1111(b)(2) but is not 
     identified as in need of comprehensive intervention, the 
     local educational agency shall identify the school as in need 
     of focused intervention with respect to each group of 
     students described in section 1111(b)(2)(C)(v) that did not 
     meet the objectives set by the State under section 
     1111(b)(2)(G) in the same subject area for both years.
       ``(ii) Transfer to comprehensive intervention.--In the case 
     of a school that has been identified as in need of focused 
     intervention under clause (i), the school will no longer be 
     under focused intervention if the school does not make 
     adequate yearly progress for 2 consecutive years for groups 
     that collectively contain more than 50 percent of the 
     students.
       ``(iii) Exiting focused intervention.--In the case of a 
     school that has been identified as in need of focused 
     intervention with respect to a focused group and focused 
     subject under clause (i), the school shall continue to be 
     identified as in need of focused intervention and subject to 
     the requirements of this section until the focused group 
     meets or exceeds the objectives set by the State under 
     section 1111(b)(2)(G) for the focused subject for 2 
     consecutive years.
       ``(B) Definitions.--In this paragraph--
       ``(i) the term `focused group' means the group of students 
     described in subparagraph (A)(i); and
       ``(ii) the term `focused subject' means each subject area 
     for which the focused group did not meet the objectives set 
     by the State under section 1111(b)(2)(G) for both years.
       ``(C) Multiple groups.--A school may be identified for 
     focused improvement under this paragraph for more than 1 
     focused group of students and with respect to more than 1 
     focused subject, and shall carry out the requirements of this 
     paragraph for each such group and subject.
       ``(D) Plan implementation in years 1, 2, 3, and 4.--In the 
     case of a school identified as in need of focused 
     intervention for the same focused group and 1 or more of the 
     same focused subjects for 2 consecutive years--
       ``(i) the school shall implement the school intervention 
     plan under section 1115A and issue an annual progress report 
     regarding the implementation to the public by not later than 
     the following academic year; and
       ``(ii) the local educational agency shall target 
     supplemental educational services to students in the focused 
     group while allowing other students to participate in 
     accordance with subsection (E) by not later than the 
     following academic year.
       ``(E) Public school transfer in year 1.--In the case of a 
     school identified as in need of focused intervention for the 
     same focused group and 1 or more of the same focused subjects 
     for 2 consecutive years--
       ``(i) the school shall continue to implement the 
     intervention plan and provide annual progress reports, as 
     required under subparagraph (D)(i);
       ``(ii) the local educational agency shall continue to 
     provide supplemental educational services under subparagraph 
     (D)(ii); and
       ``(iii) by not later than 6 weeks before the start of the 
     first school year of intervention plan implementation, the 
     local educational agency serving the school shall notify the 
     parents of the students attending the school of the parents' 
     right to transfer the students to another public school that 
     is not identified as in need of comprehensive intervention 
     and shall provide such right.
       ``(F) Focused restructuring plan development in year 4.--In 
     the case of a school identified as in need of focused 
     intervention for the same focused group and 1 or more of the 
     same focused subjects for 4 consecutive years, the local 
     educational agency, in consultation with the school and in 
     addition to plan implementation as defined in subparagraph 
     (D), shall carry out clauses (i) and (ii).
       ``(i) In general.--The local educational agency, in 
     consultation with school intervention specialists from the 
     local educational agency and the State educational agency, 
     and parent and community representatives, shall--
       ``(I) develop a focused restructuring plan that may utilize 
     additional school improvement funding provided to the State 
     educational agency;
       ``(II) obtain certification of the plan from the chief 
     school officer of the local educational agency and the chief 
     State school officer attesting that the plan meets the 
     requirements of this subparagraph and is reasonably designed 
     to ensure that the school will make adequate yearly progress 
     in the succeeding years; and
       ``(III) after certification, make the focused restructuring 
     plan publicly available.
       ``(ii) Contents.--A focused restructuring plan for a school 
     subject to this subparagraph shall include a plan to carry 
     out 1 or more of the following as consistent with State law:
       ``(I) Reassigning the majority of the staff at the school 
     associated with the subgroups that did not meet adequate 
     yearly progress, and ensuring that, in the subsequent year, 
     the staff serving the students in these subgroups do not have 
     a greater percentage of teachers who are not highly effective 
     than the average percentage of such teachers in the schools 
     served by the local educational agency.
       ``(II) Entering into an agreement with a private or non-
     profit organization with a proven record of improving schools 
     and school instruction to manage and staff the instructional 
     areas not meeting adequate yearly progress.
       ``(G) Focused restructuring plan implementation in year 
     5.--In the case of a school identified as in need of focused 
     intervention for the same focused group and 1 or more of the 
     same focused subjects for 5 consecutive years, the local 
     educational agency shall implement the certified focused 
     restructuring plan in the following school year.
       ``(H) Continued plan implementation in year 6 and beyond.--
     In the case of a school identified as in need of focused 
     intervention for the same focused group and 1 or more of the 
     same focused subjects for 6 or more consecutive years, the 
     local educational agency shall continue refining the 
     intervention plan and the local educational agency shall use 
     sufficient funds available under this title to carry out 
     extended time instructional programs for students in the 
     focused group.
       ``(3) General provisions.--

[[Page 22871]]

       ``(A) Deadline.--The identification of a school as in need 
     of comprehensive intervention under paragraph (1) or focused 
     intervention under paragraph (2) shall take place before the 
     beginning of the school year following the failure to make 
     adequate yearly progress.
       ``(B) Focused assistance schools.--To determine if an 
     elementary school or a secondary school that is conducting a 
     targeted assistance program under section 1115 should be 
     identified as in need of comprehensive intervention or 
     focused intervention under this section, a local educational 
     agency may choose to review the progress of only the students 
     in the school who are served, or are eligible for services, 
     under this part.
       ``(4) Opportunity to review and present evidence; time 
     limit.--
       ``(A) Identification.--Before identifying an elementary 
     school or a secondary school as in need of comprehensive 
     intervention or focused intervention under paragraphs (1) or 
     (2), the local educational agency shall provide the school 
     with an opportunity to review the school-level data, 
     including academic assessment data, on which the proposed 
     identification is based.
       ``(B) Evidence.--If the principal of a school proposed for 
     identification as in need of comprehensive intervention or 
     focused attention under paragraphs (1) or (2) believes, or a 
     majority of the parents of the students enrolled in such 
     school believe, that the proposed identification is in error 
     for statistical or other substantive reasons, the principal 
     may provide supporting evidence to the State educational 
     agency, which shall consider that evidence before making a 
     final determination within 30 days.
       ``(5) Technical assistance.--
       ``(A) In general.--For each school identified as in need of 
     comprehensive intervention or focused intervention under 
     paragraph (1) or (2), the local educational agency serving 
     the school shall ensure the provision of technical assistance 
     as the school develops and implements the school plan under 
     either such paragraph throughout the plan's duration.
       ``(B) Specific assistance.--Such technical assistance--
       ``(i) shall include assistance in gathering and analyzing 
     data from assessments and other examples of student work, to 
     identify and address--
       ``(I) problems in instruction; and
       ``(II) problems, if any, in implementing the parental 
     involvement requirements described in section 1118, the 
     professional development requirements described in section 
     1119, and the responsibilities of the school and local 
     educational agency under the school plan; and
       ``(III) solutions to such problems;
       ``(ii) shall include assistance in identifying and 
     implementing professional development, instructional 
     strategies, and methods of instruction that are based on 
     scientifically based research and that have proven effective 
     in addressing the specific instructional issues that caused 
     the school to be identified for school-improvement;
       ``(iii) shall include assistance in analyzing and revising 
     the school's budget so that the school's resources are more 
     effectively allocated to the activities most likely to 
     increase student academic achievement and to remove the 
     school from school-improvement status; and
       ``(iv) may be provided--
       ``(I) by the local educational agency, through mechanisms 
     authorized under section 1117; or
       ``(II) by the State educational agency, an institution of 
     higher education (that is in full compliance with all the 
     reporting provisions of title II of the Higher Education Act 
     of 1965), a private not-for-profit organization or for-profit 
     organization, an educational service agency, or another 
     entity with experience in helping schools improve academic 
     achievement.
       ``(C) Scientifically based research.--Technical assistance 
     provided under this section by a local educational agency or 
     an entity approved by that agency shall be based on 
     scientifically based research.
       ``(6) Independent audit of space availability.--
       ``(A) In general.--Each local educational agency serving 
     any school identified as in need of comprehensive 
     intervention under paragraph (1) shall annually document 
     (through an independent audit that may be conducted by the 
     State educational agency) the space in public schools served 
     by such agency that are making adequate yearly progress that 
     is available for transfers under paragraph (1)(C) or (2)(E).
       ``(B) Rule if inadequate space.--The Secretary shall deem a 
     local educational agency to have met its obligations under 
     paragraph (1)(C) or (2)(E) if--
       ``(i) an audit under subparagraph (A) determines that the 
     requirements of paragraph (1)(C) or (2)(E) cannot be met 
     because of--
       ``(I) the lack of physical space, and the inability to 
     reasonably acquire additional physical space (such as the 
     lack of land to place portable classrooms);
       ``(II) the inability to acquire new classroom space; or
       ``(III) State and local health or safety laws and 
     regulations; and
       ``(ii) the local educational agency makes available for 
     transfers under such paragraph all the space determined by 
     the audit to be practically available.
       ``(7) Notice to parents.--A local educational agency shall 
     promptly provide to a parent or parents of each student 
     enrolled in an elementary school or a secondary school 
     identified for comprehensive intervention or each student in 
     a focused group in an elementary school or secondary school 
     identified for focused intervention (in an understandable and 
     uniform format and, to the extent practicable, in a language 
     the parents can understand)--
       ``(A) an explanation of what the identification means, and 
     how the school compares in terms of academic achievement to 
     other elementary schools or secondary schools served by the 
     local educational agency and the State educational agency 
     involved;
       ``(B) the reasons for the identification;
       ``(C) an explanation of what the school identified is doing 
     to address the problem of low achievement;
       ``(D) an explanation of what the local educational agency 
     or State educational agency is doing to help the school 
     address the achievement problem;
       ``(E) an explanation of how the parents can become involved 
     in addressing the academic issues that caused the school to 
     be identified for school improvement; and
       ``(F) an explanation of the parents' option to transfer 
     their child to another public school under paragraph (1)(C) 
     or (2)(E), (with transportation provided by the agency when 
     required by paragraph (9)) or to obtain supplemental 
     educational services for the child, under paragraph (1) or 
     (2) and in accordance with subsection (e).
       ``(8) Delay.--Notwithstanding any other provision of this 
     paragraph, the local educational agency may delay, for a 
     period not to exceed 1 year, implementation of restructuring 
     if the school makes adequate yearly progress for 1 year or if 
     its failure to make adequate yearly progress is due to 
     exceptional or uncontrollable circumstances, such as a 
     natural disaster or a precipitous and unforeseen decline in 
     the financial resources of the local educational agency or 
     school. No such period shall be taken into account in 
     determining the number of consecutive years of failure to 
     make adequate yearly progress.
       ``(9) Transportation.--In the case of any school identified 
     as in need of comprehensive intervention or focused 
     intervention that is required to provide public school 
     transfer under paragraph (1)(C) or (2)(E), the local 
     educational agency shall provide, or shall pay for the 
     provision of, transportation for the student to the public 
     school the student attends.
       ``(10) Funds for transportation and supplemental 
     educational services.--
       ``(A) In general.--Unless a lesser amount is needed to 
     comply with paragraph (9) and to satisfy all requests for 
     supplemental educational services under subsection (e), a 
     local educational agency shall spend an amount equal to 20 
     percent of its allocation under subpart 2, from which the 
     agency shall spend--
       ``(i) an amount equal to 5 percent of its allocation under 
     subpart 2 to provide, or pay for, transportation under 
     paragraph (8);
       ``(ii) an amount equal to 5 percent of its allocation under 
     subpart 2 to provide supplemental educational services under 
     subsection (e); and
       ``(iii) an amount equal to the remaining 10 percent of its 
     allocation under subpart 2 for transportation under paragraph 
     (8), supplemental educational services under subsection (e), 
     or both, as the agency determines.
       ``(B) Total amount.--The total amount described in 
     subparagraph (A)(ii) is the maximum amount the local 
     educational agency shall be required to spend under this part 
     on supplemental educational services described in subsection 
     (e).
       ``(C) Insufficient funds.--If the amount of funds described 
     in subparagraph (A)(ii) or (iii) and available to provide 
     services under this subsection is insufficient to provide 
     supplemental educational services to each child whose parents 
     request the services, the local educational agency shall give 
     priority to providing the services to the lowest-achieving 
     children.
       ``(D) Prohibition.--A local educational agency shall not, 
     as a result of the application of this paragraph, reduce by 
     more than 15 percent the total amount made available under 
     section 1113(c) to a school described in paragraph (7)(C) or 
     (8)(A) of subsection (b).
       ``(11) Special rules regarding school transfer.--
       ``(A) Continuation of schooling.--A local educational 
     agency shall permit a child who transferred to another school 
     under this subsection to remain in that school until the 
     child has completed the highest grade in that school. The 
     obligation of the local educational agency to provide, or to 
     provide for, transportation for the child ends at the end of 
     a school year if the local educational agency determines that 
     the school from which the child transferred is no longer 
     identified for as in need of comprehensive intervention or 
     focused intervention.
       ``(B) Special voluntary school choice programs.--A local 
     educational agency receiving assistance under this part that 
     offers a voluntary school choice program, other

[[Page 22872]]

     than the program specified in section 1116(i), for students 
     served by the local educational agency, shall not offer such 
     program before first making the voluntary program available 
     to all students in schools served by the local educational 
     agency that are identified as in need of comprehensive 
     intervention or focused intervention, with priority to 
     students in schools identified as in need of comprehensive 
     intervention.
       ``(C) Cooperative agreement.--In any case where a local 
     educational agency is required to provide public school 
     transfer under paragraph (1)(C) or (2)(E) and all public 
     schools served by the local educational agency to which a 
     child may transfer are identified as in need of comprehensive 
     intervention, the agency shall, to the extent practicable, 
     establish a cooperative agreement with other local 
     educational agencies in the area for a transfer.
       ``(12) State educational agency responsibilities.--The 
     State educational agency shall--
       ``(A) make technical assistance under section 1117 
     available to schools identified as in need of comprehensive 
     intervention or focused intervention under this subsection 
     consistent with section 1117(a)(2);
       ``(B) if the State educational agency determines that a 
     local educational agency failed to carry out its 
     responsibilities under this subsection, take such corrective 
     actions as the State educational agency determines to be 
     appropriate and in compliance with State law;
       ``(C) ensure that academic assessment results under this 
     part are provided to schools before any identification of a 
     school may take place under this subsection; and
       ``(D) for local educational agencies or schools identified 
     for comprehensive intervention or in need of focused 
     intervention under this subsection, notify the Secretary of 
     major factors that were brought to the attention of the State 
     educational agency under section 1111(b)(9) that have 
     significantly affected student academic achievement.'';
       (3) by striking paragraph (1) of subsection (c) and 
     inserting the following:
       ``(1) Supplemental educational services.--The local 
     educational agency serving any school required under 
     paragraph (1) or (2) of subsection (b) to provide 
     supplemental educational services shall, subject to this 
     subsection, arrange for the provision of supplemental 
     educational services to eligible children in the school from 
     a provider with a demonstrated record of effectiveness, that 
     is selected by the parents and approved for that purpose by 
     the State educational agency in accordance with reasonable 
     criteria, consistent with paragraph (5), that the State 
     educational agency shall adopt.'';
       (4) in subsection (g), by striking paragraphs (3) and (4) 
     and inserting the following:
       ``(3) School-improvement for department of interior 
     schools.--
       ``(A) Contract and grant schools.--For a school funded by 
     the Department of Interior which is operated under a contract 
     issued by the Secretary of the Interior pursuant to the 
     Indian Self-Determination Act (25 U.S.C. 450 et seq.) or 
     under a grant issued by the Secretary of the Interior 
     pursuant to the Tribally Controlled Schools Act of 1988 (25 
     U.S.C. 2501 et seq.), the school board of such school shall 
     be responsible for meeting the requirements of subsection (b) 
     relating to development and implementation of any 
     comprehensive intervention plan or comprehensive 
     restructuring plan as described in subsection (b)(1) or 
     focused intervention plan or focused restructuring plan as 
     described in subsection (b)(2), except for the requirements 
     to provide public school transfer under paragraph (1)(C) or 
     (2)(E) of subsection (b). The Department of Interior shall be 
     responsible for meeting the requirements of subsection (b)(5) 
     relating to technical assistance.
       ``(B) Department operated schools.--For schools operated by 
     the Department of the Interior, the Department shall be 
     responsible for meeting the requirements of subsection (b) 
     relating to development and implementation of any 
     comprehensive intervention plan or comprehensive 
     restructuring plan as described in subsection (b)(1), or 
     focused intervention plan or focused restructuring plan as 
     described in subsection (b)(2), except for the requirements 
     to provide public school transfer under paragraph (1)(C) or 
     (2)(E) of subsection (b).
       ``(4) Corrective action and restructuring for bureau-funded 
     schools.--
       ``(A) Contract and grant schools.--For a school funded by 
     the Department of Interior which is operated under a contract 
     issued by the Secretary of the Interior pursuant to the 
     Indian Self-Determination Act (25 U.S.C. 450 et seq.) or 
     under a grant issued by the Secretary of the Interior 
     pursuant to the Tribally Controlled Schools Act of 1988 (25 
     U.S.C. 2501 et seq.), the school board of such school shall 
     be responsible for meeting the requirements of paragraph (1) 
     or (2) of subsection (b). Any action taken by such school 
     board under subsection (b)(1)(D) shall take into account the 
     unique circumstances and structure of the Department of 
     Interior-funded school system and the laws governing that 
     system.
       ``(B) Bureau operated schools.--For schools operated by the 
     Department of Interior, the Department shall be responsible 
     for meeting the requirements of paragraph (1) or (2) of 
     subsection (b). Any action taken by the Department under 
     subsection (b)(1)(D) shall take into account the unique 
     circumstances and structure of the Department of Interior-
     funded school system and the laws governing that system.
       ``(5) Annual report.--On an annual basis, the Secretary of 
     the Interior shall report to the Secretary of Education and 
     to the appropriate committees of Congress regarding any 
     schools funded by the Department of Interior which have been 
     identified for comprehensive intervention or focused 
     intervention. Such report shall include--
       ``(A) the identity of each school;
       ``(B) a statement from each affected school board regarding 
     the factors that lead to such identification; and
       ``(C) an analysis by the Secretary of the Interior, in 
     consultation with the Secretary if the Secretary of Interior 
     requests the consultation, as to whether sufficient resources 
     were available to enable such school to achieve adequate 
     yearly progress.''; and (5) in subsection (h), by striking 
     ``(b)(14)(D)'' and inserting ``(b)(12)(D)''.

     SEC. 405. COUNTING ALL CHILDREN.

       (a) Confidence Intervals.--Subparagraph (G) of section 
     1111(b)(2) of the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 6311(b)(2)(G)) is amended by adding at the 
     end the following flush sentence:
       ``Confidence intervals of not greater than 95 percent may 
     be used for purposes of this subparagraph, except that a 
     school that has implemented a growth model system under 
     section 1120D may not use confidence intervals.''.
       (b) Number of Students Necessary for Statistically Reliable 
     Information.--Section 1111 of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 6311) is amended by adding 
     at the end the following:
       ``(n) Insufficient Number to Yield Reliable Information.--
     For purposes of this section--
       ``(1) any group of 20 students or more shall be deemed to 
     be sufficient to yield statistically reliable information; 
     and
       ``(2) the Secretary may, upon the request of a State 
     educational agency, deem a group of students too small if--
       ``(A) the group consists of more than 20 but less than 31 
     students; and
       ``(B) the Secretary determines that the State educational 
     agency has justified, through documented evidence, the need 
     for such an interpretation.''.

     SEC. 406. INCLUDING ALREADY-REQUIRED SCIENCE ASSESSMENTS IN 
                   ADEQUATE YEARLY PROGRESS.

       Section 1111(b)(2) of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 6311(b)(2)) is amended--
       (1) in subparagraph (E), by inserting ``Each State, using 
     data for the 2001-2002 school year for mathematics and 
     reading or language arts and data for the 2007-2008 school 
     year for science,'' after ``Starting Point.'';
       (2) by amending subparagraph (F) to read as follows:
       ``(F) Timeline.--Each State shall establish a timeline for 
     adequate yearly progress, which shall ensure that, by the end 
     of--
       ``(i) the 2013-2014 school year, all students in each group 
     described in subparagraph (C)(v) will meet or exceed the 
     State's proficient level of academic achievement on the State 
     assessments of mathematics and reading or language arts under 
     paragraph (3); and
       ``(ii) the 2019-2020 school year, all students in each 
     group described in subparagraph (C)(v) will meet or exceed 
     the State's proficient level of academic achievement on the 
     State assessments of science under paragraph (3).''; and (3) 
     in paragraph (G)(i), by striking ``subsection (a)(3)'' and 
     inserting ``paragraph (3) and, beginning in the 2008-2009 
     school year, science;''.

     SEC. 407. MATHEMATICS AND SCIENCE PARTNERSHIPS.

       Section 2202 (20 U.S.C. 6662) is amended--
       (1) by striking subparagraph (C) of subsection (b)(2) and 
     inserting the following:
       ``(C)(i) a description of how the activities to be carried 
     out by the eligible partnership will be based on a review of 
     scientifically based research on mathematics and science 
     education programs that are effective in improving student 
     academic achievement, which may include programs identified 
     by the Director of the National Science Foundation for 
     replication on a more expansive basis; and
       ``(ii) an explanation of how the activities are expected to 
     improve student academic achievement and strengthen the 
     quality of mathematics and science instruction;'';
       (2) by redesignating subsections (c) through (f) as 
     subsections (d) through (g), respectively;
       (3) by inserting after subsection (b) the following:
       ``(c) Special Consideration.--In awarding grants pursuant 
     to subsection (a)(1) or awarding subgrants pursuant to 
     subsection (a)(2), the Secretary or the State educational 
     agency, respectively, shall give special consideration to 
     eligible partnerships that carry out activities modeled after 
     programs identified by the Director of the National Science 
     Foundation for replication on a more expansive basis.'';
       (4) by striking paragraph (2) of subsection (e) (as 
     redesignated by paragraph (2)) and inserting the following:

[[Page 22873]]

       ``(2) National science foundation.--In carrying out the 
     activities authorized by this part, the Secretary shall--
       ``(A) consult with the Director of the National Science 
     Foundation, particularly in the conduct of summer workshops, 
     institutes, or partnerships to improve mathematics and 
     science teaching in elementary schools and secondary schools; 
     and
       ``(B) consult with the Director of the National Science 
     Foundation regarding the dissemination of model programs 
     identified by the Director of the National Science Foundation 
     to be replicated on a more expansive basis.'';
       (5) in subsection (f) (as redesignated by paragraph (2))--
       (A) in paragraph (2)--
       (i) in subparagraph (B), by striking ``and'' after the 
     semicolon;
       (ii) in subparagraph (C), by striking the period and 
     inserting ``; and''; and
       (iii) by adding at the end the following:
       ``(D) shall describe how the activities assisted under this 
     section will be coordinated with other programs to improve 
     mathematics and science academic achievement that are being 
     implemented by the local educational agency that is a member 
     of the partnership.''; and
       (B) by adding at the end the following:
       ``(3) Reports.--
       ``(A) Eligible partnership reports.--Each eligible 
     partnership receiving a grant or subgrant under this part 
     shall report annually to the Secretary regarding the eligible 
     partnership's progress in meeting the objectives described in 
     the accountability plan of the partnership under paragraph 
     (2).
       ``(B) Secretary reports.--The Secretary shall annually 
     report to the appropriate committees of Congress on the 
     effectiveness of programs assisted under this part in 
     improving student mathematics and science academic 
     achievement.
       ``(4) Revocation.--If the Secretary or State educational 
     agency, as applicable, determines that an eligible 
     partnership is not making substantial progress in meeting the 
     objectives described in the accountability plan of the 
     partnership under paragraph (2) by the end of the second year 
     of the grant or subgrant under this part, then the Secretary 
     or State educational agency shall not make a grant or 
     subgrant payment under this part to the eligible partnership 
     for the third year of the grant or subgrant.''.

     SEC. 408. CHILDREN WITH DISABILITIES AND CHILDREN WHO ARE 
                   LIMITED ENGLISH PROFICIENT.

       (a) Students With Disabilities.--Paragraph (2) of section 
     1111(b) (20 U.S.C. 6311(b)(2)) is amended by inserting after 
     subparagraph (L) the following:
       ``(M) Students with disabilities.--
       ``(i) In general.--Subject to clause (ii), in determining 
     whether students with disabilities meet or exceed the 
     objectives set by the State under subparagraph (G)--
       ``(I) students with significant cognitive disabilities may 
     be assessed against alternative standards using alternative 
     assessments; and
       ``(II) students described in clause (iii) may be assessed 
     against modified achievement standards that measure the same 
     academic content as the regular student academic achievement 
     standards under paragraph (1)(D).
       ``(ii) Numerical limits.--
       ``(I) Students with significant cognitive disabilities.--A 
     local educational agency may not claim the exception under 
     clause (i)(I) for more than 1 percent of the students 
     attending schools served by the local educational agency for 
     each school year.
       ``(II) Total limit.--A local educational agency may not 
     claim the exceptions under subclauses (I) and (II) of clause 
     (i) for more than 2 percent of the students attending schools 
     served by the local educational agency.
       ``(iii) Students assessed with modified standards.--A 
     student is described in this clause if--
       ``(I) the student has a disability other than a significant 
     cognitive disability; and
       ``(II) the Secretary determines by regulations that the 
     type and level of such disability warrants the use of 
     modified achievement standards.
       ``(iv) Separate standards.--The determination of whether 
     subclause (I) or (II) of clause (i) applies to a student 
     shall be made separately from other categorizations of 
     disabilities.
       ``(v) Exception.--
       ``(I) Each State educational agency shall provide for 
     necessary exceptions to permit increased limits in this 
     subparagraph where a larger limit is justified, such as a 
     specialized facility in the local educational agency that 
     results in a larger percentage of students than average 
     requiring alternative assessments with alternative or 
     modified standards.
       ``(II) The State educational agency must provide 
     notification to the Secretary when providing exceptions to a 
     local educational agency and provide an annual report to the 
     Secretary and to the public on all the local educational 
     agencies receiving exemptions under this paragraph. The 
     report shall include the resulting assessment percentages 
     associated with the approved exemptions and such additional 
     information as the Secretary may reasonably require.
       ``(III) Exceptions should not be granted on the basis of 
     poor or inaccurate identification or the inappropriate use of 
     alternate achievement standards.
       ``(IV) Exception requests are appropriate where a local 
     educational agency addresses issues such as high rates of 
     students with the most significant cognitive disabilities; 
     circumstances in the local education agency that would 
     explain the higher rates such as specialized health programs 
     or facilities; and documentation that the local educational 
     agency has implemented safeguards that limit the 
     inappropriate use of alternative achievement standards. These 
     safeguards may include implementing State guidelines through 
     the Individualized Educational Plan process; informing 
     parents about the actual achievement of students; reporting, 
     to the extent possible, on test-taking patterns; including 
     these students in the general curriculum; providing 
     information about the use of appropriate accommodations; and 
     ensuring that teachers and other educators participate in 
     appropriate professional development about alternate 
     assessments.
       ``(vi) State plan.--Each State plan shall demonstrate how 
     the provisions of this section are to be communicated to all 
     public school principals and special education teachers in 
     the State. The State plan shall also demonstrate that each 
     local educational agency within the State monitors the 
     implementation of this subparagraph to ensure that the 
     subparagraph is uniformly applied to all schools served by 
     such agency.''.
       (b) Students who are limited english proficient.--Paragraph 
     (2) of section 1111(b) of such Act is amended by inserting 
     after subparagraph (M) the following:
       ``(N) Students who are limited english proficient.--
       ``(i) In general.--Notwithstanding this section, a State 
     may--
       ``(I) exempt a recently arrived limited English proficient 
     student from taking the assessments during the first year 
     that the student is enrolled in a school in the United 
     States, and not include such student in determining the 
     percentage of students enrolled in a school that are required 
     to take the assessments under subparagraph (I); and
       ``(II) choose to not include the assessment results of all 
     recently arrived limited English proficient students in the 
     State for the first year in which the students are enrolled 
     in a school in the United States for the purposes of 
     determining if a group described in subparagraph (C)(v) has 
     met or exceeded the objectives set by the State under 
     subparagraph (G) for a school year.
       ``(ii) Retention in limited english proficient student 
     group.--
       ``(I) In general.--Notwithstanding this subparagraph, in 
     determining whether the subgroup of limited English 
     proficient students met or exceeded the objectives for a 
     school or local educational agency, a State may include in 
     such subgroup the assessment results of students who--
       ``(aa) were limited English proficient, as determined by 
     the State; and
       ``(bb) whose English proficiency has improved so that the 
     students are no longer limited English proficient, as 
     determined by the State.
       ``(II) Time period.--A State may include a student 
     described in subclause (I) in the subgroup of limited English 
     proficient students only during the 3 school years following 
     the determination that the student is no longer limited 
     English proficient.
       ``(iii) Rule of construction.--Nothing in this subparagraph 
     shall be construed to relieve a State or local educational 
     agency from its responsibility under applicable law to 
     provide recently arrived limited English proficient students 
     and students who were limited English proficient but who are 
     no longer limited English proficient, as determined by the 
     State, with appropriate instruction to assist such students 
     in gaining English-language proficiency as well as meeting or 
     exceeding the proficient levels of achievement in 
     mathematics, reading or language arts, and science.''.

     SEC. 409. EARLY CHILDHOOD DEVELOPMENT.

       Paragraph (1) of section 1116(b) (20 U.S.C. 6316(b)) is 
     amended by adding at the end the following new subparagraph:
       ``(G) Early childhood education improvement.--
       ``(i) In general.--In the case of an elementary school 
     identified as in need of comprehensive or focused 
     intervention, the local educational agency shall administer 
     developmental screens and assessments to preschool and 
     kindergarten students who are enrolled in the school or as 
     provided for in clause (iv), for purposes of--
       ``(I) identifying areas for which instructional 
     intervention is necessary in the areas of pre-literacy and 
     pre-numeracy for each cohort of preschool or kindergarten 
     students;
       ``(II) improving instruction and services being offered to 
     preschool and kindergarten students; and
       ``(III) determining whether diagnostic assessments are 
     necessary to identify needed interventions, including in the 
     areas of literacy and mathematics.
       ``(ii) Development screens and assessments.--The 
     developmental screens and assessments described in clause (i) 
     shall be screens and assessments scientifically determined to 
     be valid, reliable, and appropriate for the population for 
     whom the screens and assessments are being used.

[[Page 22874]]

       ``(iii) Restrictions on use.--The results of the screens 
     and assessments described in clause (i) shall be used for 
     improving instruction and services, and shall not be used for 
     accountability-based decisions regarding students, schools, 
     or local educational agencies.
       ``(iv) Earliest grade.--An elementary school that does not 
     have preschool or kindergarten shall administer such screens 
     and assessments before or during entrance into the earliest 
     grade offered by the school.''.

     SEC. 410. ADJUNCT TEACHER CORPS.

       Subpart 3 of part C of title II of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6711 et seq.) is 
     amended to read as follows:

                   ``Subpart 3--Adjunct Teacher Corps

     ``SEC. 2341. DECLARATION OF PURPOSE.

       ``It is the purpose of this subpart to create opportunities 
     for professionals and other individuals with subject-matter 
     expertise to teach secondary school courses in the core 
     academic subjects, particularly mathematics, science, and 
     critical foreign languages, on an adjunct basis.

     ``SEC. 2342. ADJUNCT TEACHER PROGRAM.

       ``(a) Program Authorized.--The Secretary shall award 
     grants, on a competitive basis, to eligible entities to 
     enable the eligible entities to recruit and train well-
     qualified individuals to serve as adjunct teachers in 
     secondary school courses in the core academic subjects, and 
     to place such individuals as adjunct teachers in secondary 
     schools.
       ``(b) Eligible Entity.--For the purpose of this subpart, an 
     eligible entity is--
       ``(1) a local educational agency;
       ``(2) a public or private entity (which may be a State 
     educational agency); or
       ``(3) a partnership consisting of a local educational 
     agency and a public or private entity.
       ``(c) Duration of Grants.--The Secretary shall award each 
     grant under this subpart for a period of not more than 5 
     years.
       ``(d) Priorities.--In awarding grants under this subpart, 
     the Secretary shall give priority to eligible entities that 
     propose to--
       ``(1) serve local educational agencies that have a large 
     number or percentage of students performing below grade 
     level, including local educational agencies that are not 
     making adequate yearly progress as defined in the State plan 
     under section 1111(b)(2);
       ``(2) recruit and train adjunct teachers in mathematics, 
     science, or critical foreign languages, and provide schools 
     with the adjunct teachers; and
       ``(3) recruit adjunct teachers to serve in schools that 
     have an insufficient number of teachers with expertise in the 
     subjects the adjunct teachers will teach.
       ``(e) Application.--
       ``(1) In general.--An eligible entity desiring a grant 
     under this subpart shall submit an application to the 
     Secretary at such time, in such manner, and containing such 
     information as the Secretary may reasonably require.
       ``(2) Contents.--The application shall, at a minimum, 
     include a description of--
       ``(A) the need for, and expected benefits of using, adjunct 
     teachers in the participating schools, which may include 
     information on the difficulty participating schools face in 
     recruiting effective faculty and the achievement levels of 
     students in those schools;
       ``(B) the goals and objectives for the project, including 
     the number of adjunct teachers the eligible entity intends to 
     place in classrooms and the specific gains in academic 
     achievement intended to be achieved;
       ``(C) how the eligible entity will recruit experienced 
     individuals and appropriate public and private entities to 
     participate in the program;
       ``(D) the participating schools at which, and the grade 
     levels and subjects in which, the eligible entity proposes to 
     have the adjunct faculty teach;
       ``(E) how the eligible entity will use funds received under 
     this subpart, including how the eligible entity will use 
     funds to evaluate the success of the program;
       ``(F) how the eligible entity will ensure that low-income 
     students, defined through their eligibility for free and 
     reduced-price lunches under the Richard B. Russell National 
     School Lunch Act, in participating schools and local 
     educational agencies will, during the period of the grant, 
     receive instruction in the core academic subjects from a 
     teacher with expertise in the subject taught;
       ``(G) the eligible entity's commitment, after the project 
     period ends, to continue to hire and employ adjunct teachers, 
     as needed, to teach secondary school courses, particularly 
     mathematics, science, and critical foreign languages; and
       ``(H) how the eligible entity will overcome legal, 
     contractual, or administrative barriers to the employment of 
     adjunct faculty in each participating State educational 
     agency or local educational agency.
       ``(f) Uses of Funds.--Each eligible entity that receives a 
     grant under this subpart shall use the grant funds only to 
     carry out 1 or more of the following:
       ``(1) To develop the capacity of the local educational 
     agency or the State educational agency participating in the 
     eligible entity to identify, recruit, and train qualified 
     individuals outside of the elementary and secondary education 
     system (including individuals in business and government, and 
     individuals who would participate through distance-learning 
     arrangements) to become adjunct teachers.
       ``(2) To provide financial incentives to adjunct teachers.
       ``(3) To reimburse outside entities for the costs 
     associated with allowing an employee to serve as an adjunct 
     teacher, except that the costs shall not exceed the 
     corresponding total costs of salary and benefits for teachers 
     with comparable experience or expertise in the local 
     educational agency.
       ``(4) To collect and report such performance information as 
     the Secretary may require, including information needed for 
     the national evaluation conducted under subsection (h).
       ``(g) Matching Requirement.--Each eligible entity that 
     receives a grant under this section shall match the grant 
     funds with non-Federal funds, in cash or in kind.
       ``(h) National Evaluation.--From the amount made available 
     for any fiscal year under subsection (k), the Secretary shall 
     reserve such sums as may be necessary to conduct an 
     independent evaluation, by grant or by contract, of the 
     adjunct teacher corps program carried out under this subpart, 
     which shall include an assessment of the impact of the 
     program on student academic achievement. The Secretary shall 
     report the results of this evaluation to the appropriate 
     committees of Congress.
       ``(i) Program Performance.--
       ``(1) Final report.--Each eligible entity receiving a grant 
     under this section shall prepare and submit to the Secretary 
     a final report on the results of the grant that shall 
     include--
       ``(A) information on the academic achievement of students 
     receiving instruction from an adjunct teacher; and
       ``(B) such other information as the Secretary may require.
       ``(2) Contents.--The information required for the report 
     under this subsection shall be--
       ``(A) reported in a manner that provides for a comparison 
     of student achievement data prior to, during, and after 
     implementation of the adjunct teacher corps program under 
     this subpart; and
       ``(B) disaggregated by race, ethnicity, disability status, 
     limited English proficient status, and status as economically 
     disadvantaged, except that such disaggregation shall not be 
     required in a case in which--
       ``(i) the number of students in a category is insufficient 
     to yield statistically reliable information; or
       ``(ii) the result would reveal personally identifiable 
     information about an individual student.
       ``(j) Definitions.--In this subpart:
       ``(1) Adjunct teacher.--The term `adjunct teacher' means a 
     teacher who--
       ``(A) possesses, at a minimum, a baccalaureate degree;
       ``(B) has demonstrated expertise in the subject matter the 
     teacher teaches;
       ``(C) during the first year assists the teacher of record 
     or shall receive other mentoring services;
       ``(D) is subject to the same teacher effectiveness 
     provisions as other teachers; and
       ``(E) is not required to meet the other requirements of 
     section 9101(23).
       ``(2) Critical foreign language.--The term `critical 
     foreign language' means a foreign language considered most 
     critical to ensure future United States national security and 
     economic prosperity, as determined by the Secretary.
       ``(3) Secondary school course.--The term `secondary school 
     course' means a course in 1 of the core academic subjects (as 
     that term is defined in section 9101) provided to students in 
     grades 6 through 12.
       ``(k) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this subpart 
     $25,000,000 for fiscal year 2008 and such sums as may be 
     necessary for each of the 4 succeeding years.''.

                         TITLE V--ENHANCEMENTS

     SEC. 501. PURPOSES.

       The purposes of this title are to--
       (1) permit low-income students in schools not making 
     adequate yearly progress with the option to go to another 
     public school outside of their own district and have Federal 
     funds follow the child;
       (2) provide incentives for the equitable distribution of 
     funds to public charter schools;
       (3) improve programs for parental involvement;
       (4) provide evidence-based intervention models to improve 
     access to early intervention, early identification, and 
     improved academic outcomes for all students;
       (5) incorporate universal design for learning properties to 
     provide a research-based framework for designing curricula 
     including goals, teaching methods, instructional materials, 
     and assessments, that enables all individuals to gain 
     knowledge, skills, and enthusiasm for learning;
       (6) double over 3 years the research and development 
     investment to develop innovative education models and 
     strengthen the scientifically based information necessary 
     under the Elementary and Secondary Education Act of 1965;
       (7) expand access to supplemental educational services;
       (8) increase support for foster children and youth;

[[Page 22875]]

       (9) disaggregate graduation rates and hold schools 
     accountable for closing the achievement gap in graduation 
     rates; and
       (10) develop high school improvement plans.

     SEC. 502. AUTHORIZATIONS.

       For the purpose of carrying out this title, in addition to 
     other amounts already authorized, there are to be 
     appropriated $750,000,000 for fiscal year 2008 and such sums 
     as may be necessary for each of the 4 succeeding fiscal 
     years.

     SEC. 503. PUBLIC SCHOOL CHOICE.

       Section 1116 (20 U.S.C. 6316) is amended by adding at the 
     end the following:
       ``(i) Out-of-District Transfer Program to Another Public 
     School.--
       ``(1) Program authorized.--From amounts authorized under 
     paragraph (5), the Secretary is authorized to make payments 
     to local education agencies on behalf of eligible students 
     attending schools that are in need of comprehensive 
     intervention, to enable such students to transfer to 
     elementary or secondary schools served by other local 
     educational agencies.
       ``(2) Definitions.--In this subsection:
       ``(A) Eligible student.--the term `eligible student' means 
     an elementary or secondary school student who--
       ``(i) is from a low-income family as determined by 
     eligibility for free and reduced-price lunches under the 
     Richard B. Russell National School Lunch Act;
       ``(ii) at the time of application, is enrolled in a school 
     that is in need of comprehensive intervention; and
       ``(iii) is unable to take advantage of public school choice 
     under subsection (b)(1)(D) because--
       ``(I) all public schools in the local educational agency 
     for the student's grade are identified as in need of 
     comprehensive intervention; or
       ``(II) all public schools that are not so identified do not 
     have availability to take additional students.
       ``(B) Receiving school.--The term `receiving school' means 
     a public elementary or secondary school that--
       ``(i) is served by a local educational agency and is 
     located nearby the student's home school;
       ``(ii) is not identified as being in need of comprehensive 
     intervention for the school year preceding the year the 
     student participates in the program under this subsection; 
     and
       ``(iii) agrees to accept students participating in the 
     program under this subsection.
       ``(3) Award basis.--If the amounts appropriated under 
     paragraph (5) for a fiscal year are not sufficient to award 
     payments, the Secretary shall give a priority to students in 
     States or localities that offer matching grants or cost 
     sharing with the Federal funding.
       ``(4) Payments.--
       ``(A) In general.--For each student that participates in 
     the program under this section, the Secretary shall make a 
     payment to the local educational agency that serves the 
     receiving school that accepts such student, to be used toward 
     the costs of providing a quality public education to the 
     eligible students.
       ``(B) Amount.--The amount of a payment provided on behalf 
     of a student under this section shall be up to $5,000 a year, 
     of which--
       ``(i) not more than the average amount of Federal funds per 
     student from title I and title V of the Elementary and 
     Secondary Education Act of 1965 in the originating local 
     educational agency shall be transferred from the originating 
     local educational agency of the school in need of 
     comprehensive intervention to the receiving local educational 
     agency;
       ``(ii) not more than $4,000 shall be used by the receiving 
     local educational agency for tuition, fees, and 
     transportation related to providing public education to 
     eligible students; and
       ``(ii) not more than $1,000 shall be used to provide 
     mentoring for eligible students transferring to the new 
     school and to offer parental involvement programs for the 
     eligible student.
       ``(5) Authorization of appropriations.--From the amounts 
     authorized to be appropriated under section 502 of the All 
     Students Can Achieve Act, there are authorized to be 
     appropriated to carry out this section $50,000,000 for fiscal 
     year 2008 and for the 4 succeeding fiscal years.''.

     SEC. 504. PUBLIC CHARTER SCHOOLS.

       (a) IDEA and Charter Schools.--Section 5205(a) (20 U.S.C. 
     7221(d)) is amended by adding at the end the following:
       ``(6) To provide technical assistance to public charter 
     schools on how to meet the requirements of part B of the 
     Individuals with Disabilities Education Act (20 U.S.C. 1411 
     et seq.).''.
       (b) Charter School Equitable Funding.-Section 5202(e)(3) 
     (20 U.S.C. 7221e(e)(3)) is amended by adding at the end the 
     following:
       ``(D) The State--
       ``(i) provides public charter schools with funding 
     commensurate with that provided to other public schools, 
     including provision for school facilities; and
       ``(ii) ensures that each local educational agency sends to 
     the charter schools the Federal, State and local dollars to 
     which the charter schools are entitled in a timely manner.''.
       (c) Authorization of Appropriations for Public Charter 
     School Programs.--Section 5211 (20 U.S.C. 7221j) is amended 
     to read as follows:

     ``SEC. 5211. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated--
       ``(1) to carry out this subpart (except for section 
     5205(b)), $250,000,000 for fiscal year 2008 and each of the 4 
     succeeding fiscal years; and
       ``(2) to carry out section 5205(b), $30,000,000 for fiscal 
     year 2008 and each of the 4 succeeding fiscal years.''.

     SEC. 505. PARENTAL INVOLVEMENT.

       Section 1118 (20 U.S.C. 6318) is amended--
       (1) in subsection (a)(2)--
       (A) in subparagraph (E), by striking ``and'' after the 
     semicolon;
       (B) in subparagraph (F), by striking the period and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(G) in the case of a State where a parental information 
     and resource center is established, integrate the center in 
     the policy and utilize the center to--
       ``(i) disseminate information and materials to parents; and
       ``(ii) provide valuable assistance to schools that have not 
     achieved adequate yearly progress.''; and
       (2) by striking subsection (h) and inserting the following:
       ``(h) State Educational Agency Responsibilities.--
       ``(1) Review.--Each State educational agency receiving 
     assistance under this part shall review the local educational 
     agency's parental involvement policies and practices to 
     determine if the policies and practices meet the requirements 
     of this section.
       ``(2) Oversight.--Each State educational agency receiving 
     assistance under this part shall designate an office or 
     position within the State educational agency that shall--
       ``(A) oversee the proper implementation of the requirements 
     pertaining to parental involvement of this part;
       ``(B) maintain records of all comments made to or about any 
     local educational agency in the State with respect to the 
     local educational agency's development and implementation of 
     the parental involvement policy under subsection (a); and
       ``(C) in the case of a State that has a parental 
     information and resource center, annually prepare and submit 
     a report to the center that includes, for each local 
     educational agency and public school in the State, that--
       ``(i) lists the scores for each local educational agency 
     and public school in the State on the State academic 
     assessments for each group described in section 
     1111(b)(2)(C)(v);
       ``(ii) lists each agency or school's result for each 
     indicator of adequate yearly progress, as defined under 
     section 1111(b)(3)(C), for each such group; and
       ``(iii) provides information on each agency or school's 
     compliance with the requirements pertaining to parental 
     involvement under this part.''.

     SEC. 506. RESPONSE TO INTERVENTION.

       (a) Inclusion in Local Educational Agency Plans Under 
     Section 1112.--Subparagraph (C) of section 1112(b)(1) of the 
     Elementary and Secondary Education Act of 1965 is amended by 
     inserting before the semicolon ``, such as through an 
     evidence-based intervention model described in section 
     1114(b)(1)(B)(v)''.
       (b) Inclusion in Schoolwide Reform Strategies of Schools 
     Under Section 1114.--Subparagraph (B) of section 1114(b)(1) 
     of such Act is amended--
       (1) by striking ``and'' at the end of clause (iii);
       (2) by striking the period at the end of clause (iv) and 
     inserting a semicolon; and
       (3) by adding at the end the following new clauses:
       ``(iv) coordinate with early intervening services under 
     section 613(f) of the Individuals with Disabilities Education 
     Act; and
       ``(v) provide evidence-based intervention models that 
     include high-quality instruction, universal screening, 
     progress monitoring, research-based interventions matched to 
     student needs, and educational decision-making using learning 
     rate over time and level of performance.''.
       (c) Inclusion in Reading First Strategies.--Clause (ii) of 
     section 1202(c)(7)(A) of such Act is amended--
       (1) by striking ``and'' at the end of subclause (I);
       (2) by striking the period at the end of subclause (II) and 
     inserting ``; and''; and
       (3) by adding at the end the following new subclause:
       ``(III) includes an evidence-based intervention model 
     described in section 1114(b)(1)(B)(v) to support the 
     activities required or permitted under this paragraph.''.
       (d) Inclusion in Professional Development Funding.--
       (1) Section 2113(c)(2).--Paragraph (2) of section 2113(c) 
     of such Act is amended--
       (A) by striking ``and'' at the end of subparagraph (A);
       (B) by striking the period at the end of subparagraph (B) 
     and inserting ``; and''; and
       (C) by adding at the end the following new subparagraph:

[[Page 22876]]

       ``(C) enable teachers to provide services under an 
     evidence-based intervention model described in section 
     1114(b)(1)(B)(v).''.
       (2) Section 2123(a)(3)(b).--Subparagraph (B) of section 
     2123(a)(3) of such Act is amended--
       (A) by redesignating clauses (iv) and (v) as clauses (v) 
     and (vi), respectively; and
       (B) by inserting after clause (iii) the following new 
     clause:
       ``(iv) provide training to enable teachers to provide 
     services under an evidence-based intervention model described 
     in section 1114(b)(1)(B)(v).''.

     SEC. 507. UNIVERSAL DESIGN FOR LEARNING.

       (a) Section 111(b)(1)(d)(i).--Section 1111(b)(1)(D)(i) of 
     such Act is amended--
       (1) by striking ``and'' at the end of subclause (II); and
       (2) by adding at the end the following new subclause:
       ``(IV) may incorporate the principals of universal design 
     for learning;''.
       (b) Section 1111(b)(3)(c).--Section 1111(b)(3)(C) of such 
     Act is amended--
       (1) by striking ``and'' at the end of clause (xiv);
       (2) by striking the period and adding ``; and'' to the end 
     of clause (xv); and
       (3) by adding at the end a new clause:
       ``(xvi) to the extent feasible, be universally designed 
     assessments that are designed from the outset to enable all 
     students, including those with disabilities, to demonstrate 
     their knowledge, skills, and abilities in accordance with 
     intended learning standards and instructional goals.
       Based on the principles of universal design for learning, 
     such assessments--
       ``(I) minimize the effect of construct-irrelevant factors, 
     such as physical, sensory, cultural, learning, or cognitive 
     disabilities, or language barriers, that may interfere with 
     the accuracy of the assessment; and
       ``(II) provide appropriate supports for students to 
     demonstrate the knowledge, skills, and abilities according to 
     the intended learning standards.''.
       (c) Section 1111(c).--Section 1111(c) of such Act is 
     amended--
       (1) by striking ``and'' at the end of paragraph (13);
       (2) by striking the period and adding ``; and'' at the end 
     of paragraph (14); and
       (3) by adding at the end a new paragraph:
       ``(15) the State educational agency, to the extent that it 
     is involved in selecting and recommending textbooks and other 
     instructional materials, will encourage the purchase of 
     textbooks and materials that are consistent with the 
     principles of universal design for learning.''.
       (d) Section 1111(h)(5).--Section 1111(h)(5) of such Act is 
     amended by striking the period and inserting the following: 
     ``a comprehensive plan developed in consultation with the 
     experts in the field and stakeholders to address the 
     implementation of universal design for learning. The plan 
     must be sufficiently detailed to provide substantial guidance 
     for activities that include research, model demonstrations, 
     technical assistance and dissemination, technology 
     innovations, personnel preparation, staff development and 
     other means to develop and apply universal design for 
     learning to standards, curriculum, teaching methods, 
     instructional materials and assessments. The plan shall 
     include proposed funding levels and timelines for 
     implementing the various research, development and 
     dissemination activities, and other components of the 
     plan.''.
       (e) Section 1112(c)(1).--Section 1112(c)(1) of such Act is 
     amended--
       (1) by striking ``and'' at the end of subclause (N);
       (2) by striking the period and adding ``; and'' at the end 
     of subclause (O); and
       (3) by adding at the end the following:
       ``(P) Encourage the use of curriculum, teaching methods, 
     instructional materials and assessments that are consistent 
     with the principles of universal design for learning.''.
       (f) Section 2112(b).--Section 2112(b) of such Act is 
     amended by adding at the end the following:
       ``(12) A description of how the State educational agency 
     will use funds under this part to provide training in the use 
     of teaching methods consistent with the principles of 
     universal design for learning.''.
       (g) Section 2112(c)(2).--Section 2112(c)(2) of such Act is 
     amended by inserting ``general and special education'' after 
     ``involvement of'', and inserting ``consistent with the 
     principle of universal learning'' after ``teaching skills''.
       (h) Section 2402(a).--Section 2402(a) of such Act is 
     amended by adding at the end the following:
       ``(9) To permit the purchase and implementation of 
     universally designed technology, including staff development 
     and technical support; to ensure that all students, including 
     those with disabilities, will have an opportunity to benefit 
     from the integration of technology into the general education 
     curriculum; to provide frequent experiences in the use of 
     universally designed technologies that may be applied to 
     large scale assessments; and to measure the impact of 
     universally designed technologies on the learning and 
     achievement of all learners.''.
       (i) Section 6111(l).--Section 6111(l) of such Act is 
     amended by inserting ``and universally designed assessments 
     under section 1111 (b)(3)(C)(xvi)'' after ``required by 
     section 1111(b)''.
       (j) Section 9101.--Section 9101 of such Act is amended by 
     adding at the end the following:
       ``(44) Universal design.--The term `universal design', as 
     defined in section 3 of the Assistive Technology Act of 1998 
     (29 U.S.C. 3002), means a concept or philosophy for designing 
     and delivering products and services that are usable by 
     people with the widest range of possible functional 
     capabilities, which include products and services that are 
     directly usable (without requiring assistive technologies) 
     and products and services that are made usable with assistive 
     technologies.
       ``(45) Universal design for learning.--The term `universal 
     design for learning' extends the concept of universal design 
     to the field of education. It is a research-based framework 
     for designing curriculum, including goals, methods, 
     materials, and assessments, that enables all individuals to 
     gain knowledge, skills, and enthusiasm for learning. 
     Universal design for learning provides curricular flexibility 
     (in activities, in the ways information is presented, in the 
     ways students respond or demonstrate knowledge, and in the 
     ways students are engaged) to reduce barriers, provide 
     appropriate supports and challenges, and maintain high 
     achievement standards for all students, including students 
     with disabilities.
       ``(46) Universally designed technology.--The term 
     `universally designed technology' means hardware and software 
     that--
       ``(A) include the features necessary for use by all 
     learners or supports integration with the necessary assistive 
     hardware and software technologies to ensure that the 
     hardware and software are accessible and optimized for all 
     learners; and
       ``(B) provide flexibility in the ways that information is 
     presented, in the ways that students respond or demonstrate 
     knowledge, and in the ways in which students are engaged in 
     order to provide appropriate support and challenge and 
     enhance the performance for a typically diverse spectrum of 
     learners.''.

     SEC. 508. DOUBLING SCIENTIFIC-BASED EDUCATION RESEARCH AT 
                   DEPARTMENT OF EDUCATION.

       There are authorized to be appropriated for research, 
     development, and dissemination activities for the Institute 
     of Education Sciences of the Department of Education--
       (1) $163,000,000 for fiscal year 2008;
       (2) $218,000,000 for fiscal year 2009;
       (3) $272,000,000 for fiscal year 2010;
       (4) $326,000,000 for fiscal year 2011; and
       (5) $380,000,000 for fiscal year 2012;

     To enhance research and development on primary and secondary 
     education reform through scientifically based research and 
     innovative models for education and learning.

     SEC. 509. SUPPLEMENTAL EDUCATIONAL SERVICES.

       (a) Use of School Facilities in Providing Supplemental 
     Educational Services.--Paragraph (2) of section 1116(e) of 
     such Act is amended--
       (1) by striking ``and'' at the end of subparagraph (C);
       (2) by striking the period at the end of subparagraph (D) 
     and inserting ``; and''; and
       (3) by inserting after subparagraph (D) the following new 
     subparagraph:
       ``(E) establish a process (which may include, after 
     consultation with parents receiving such services, reasonable 
     limits) for approved providers to provide such services at 
     schools which otherwise permit nonschool-affiliated groups to 
     use school facilities.''.
       (b) Use of Multi-District Consortiums To Satisfy SES 
     Requirements.--Subsection (e) of section 1116 of such Act is 
     amended--
       (1) by redesignating paragraph (12) as paragraph (13); and
       (2) by inserting after paragraph (11) the following new 
     paragraph:
       ``(12) Consortiums.--
       ``(A) Use of multi-district consortiums to satisfy ses 
     requirements.--Local educational agencies may form 
     consortiums to carry out the functions of such agencies under 
     this subsection.
       ``(B) Pooling of eligible students.--Nothing in this 
     section shall be construed to prohibit students eligible for 
     supplemental educational services from pooling together to 
     attract additional provider options.''.

     SEC. 510. INCREASING SUPPORT FOR FOSTER CHILDREN AND YOUTH.

       (a) Elementary and Secondary Education Act of 1965.--
       (1) Section 1112(b)(1)(e)(II).--Section 1112(b)(1)(E)(ii) 
     of the Elementary and Secondary Education Act of 1965 is 
     amended by inserting ``foster children and youth,'' after 
     ``homeless children,''.
       (2) Section 1112(b)(1)(o).--Section 1112(b)(1)(O) of the 
     Elementary and Secondary Education Act of 1965 is amended by 
     inserting ``and foster children and youth'' after ``homeless 
     children,''.
       (3) Section 1113(b)(3)(a).--Section 1113(b)(3)(A) of the 
     Elementary and Secondary Education Act of 1965 is amended by 
     inserting ``and foster children and youth'' after ``homeless 
     children''.
       (4) Section 1115(b)(2).--Section 1115(b)(2) of the 
     Elementary and Secondary Education Act is amended by 
     inserting at the end the following:
       ``(F) Foster children and youth.--A child or youth who is 
     in the foster care system and attending any school served by 
     the local educational agency is eligible for services under 
     this part.''.

[[Page 22877]]



        ``Subtitle B--Education for Eligible Children and Youths

     ``SEC. 721. STATEMENT OF POLICY.

       ``The following is the policy of the Congress:
       ``(1) Each State educational agency shall ensure that each 
     child of a homeless individual and each eligible child or 
     youth has equal access to the same free, appropriate public 
     education, including a public preschool education, as 
     provided to other children and youths.
       ``(2) In any State that has a compulsory residency 
     requirement as a component of the State's compulsory school 
     attendance laws or other laws, regulations, practices, or 
     policies that may act as a barrier to the enrollment, 
     attendance, or success in school of eligible children and 
     youths, the State will review and undertake steps to revise 
     such laws, regulations, practices, or policies to ensure that 
     eligible children and youths are afforded the same free, 
     appropriate public education as provided to other children 
     and youths.
       ``(3) Homelessness alone is not sufficient reason to 
     separate students from the mainstream school environment.
       ``(4) Eligible children and youths should have access to 
     the education and other services that such children and 
     youths need to ensure that such children and youths have an 
     opportunity to meet the same challenging State student 
     academic achievement standards to which all students are 
     held.

     ``SEC. 722. GRANTS FOR STATE AND LOCAL ACTIVITIES FOR THE 
                   EDUCATION OF ELIGIBLE CHILDREN AND YOUTHS.

       ``(a) General Authority.--The Secretary is authorized to 
     make grants to States in accordance with the provisions of 
     this section to enable such States to carry out the 
     activities described in subsections (d) through (g).
       ``(b) Application.--No State may receive a grant under this 
     section unless the State educational agency submits an 
     application to the Secretary at such time, in such manner, 
     and containing or accompanied by such information as the 
     Secretary may reasonably require.
       ``(c) Allocation and Reservations.--
       ``(1) Allocation.--(A) Subject to subparagraph (B), the 
     Secretary is authorized to allot to each State an amount that 
     bears the same ratio to the amount appropriated for such year 
     under section 726 that remains after the Secretary reserves 
     funds under paragraph (2) and uses funds to carry out section 
     724(d) and (h), as the amount allocated under section 1122 of 
     the Elementary and Secondary Education Act of 1965 to the 
     State for that year bears to the total amount allocated under 
     section 1122 of such Act to all States for that year, except 
     that no State shall receive less than the greater of--
       ``(i) $150,000;
       ``(ii) one-fourth of 1 percent of the amount appropriated 
     under section 726 for that year; or
       ``(iii) the amount such State received under this section 
     for fiscal year 2001.
       ``(B) If there are insufficient funds in a fiscal year to 
     allot to each State the minimum amount under subparagraph 
     (A), the Secretary shall ratably reduce the allotments to all 
     States based on the proportionate share that each State 
     received under this subsection for the preceding fiscal year.
       ``(2) Reservations.--(A) The Secretary is authorized to 
     reserve 0.1 percent of the amount appropriated for each 
     fiscal year under section 726 to be allocated by the 
     Secretary among the United States Virgin Islands, Guam, 
     American Samoa, and the Commonwealth of the Northern Mariana 
     Islands, according to their respective need for assistance 
     under this subtitle, as determined by the Secretary.
       ``(B)(i) The Secretary shall transfer 1 percent of the 
     amount appropriated for each fiscal year under section 726 to 
     the Department of the Interior for programs for Indian 
     students served by schools funded by the Secretary of the 
     Interior, as determined under the Indian Self-Determination 
     and Education Assistance Act (25 U.S.C. 450 et seq.), that 
     are consistent with the purposes of the programs described in 
     this subtitle.
       ``(ii) The Secretary and the Secretary of the Interior 
     shall enter into an agreement, consistent with the 
     requirements of this subtitle, for the distribution and use 
     of the funds described in clause (i) under terms that the 
     Secretary determines best meet the purposes of the programs 
     described in this subtitle. Such agreement shall set forth 
     the plans of the Secretary of the Interior for the use of the 
     amounts transferred, including appropriate goals, objectives, 
     and milestones.
       ``(3) State defined.--For purposes of this subsection, the 
     term `State' does not include the United States Virgin 
     Islands, Guam, American Samoa, or the Commonwealth of the 
     Northern Mariana Islands.
       ``(d) Activities.--Grants under this section shall be used 
     for the following:
       ``(1) To carry out the policies set forth in section 721 in 
     the State.
       ``(2) To provide activities for, and services to, eligible 
     children and youths (including eligible children and youths 
     of preschool age) that enable children and youths described 
     in this paragraph to enroll in, attend, and succeed in 
     school, or, if appropriate, in preschool programs.
       ``(3) To establish or designate an Office of Coordinator 
     for Education of Homeless Children and Youths in the State 
     educational agency in accordance with subsection (f).
       ``(4) To prepare and carry out the State plan described in 
     subsection (g).
       ``(5) To develop and implement professional development 
     programs for school personnel to heighten their awareness of, 
     and capacity to respond to, specific problems in the 
     education of eligible children and youths.
       ``(e) State and Local Subgrants.--
       ``(1) Minimum disbursements by states.--From the sums made 
     available each year to carry out this subtitle, the State 
     educational agency shall distribute not less than 75 percent 
     in subgrants to local educational agencies for the purposes 
     of carrying out section 723, except that States funded at the 
     minimum level set forth in subsection (c)(1) shall distribute 
     not less than 50 percent in subgrants to local educational 
     agencies for the purposes of carrying out section 723.
       ``(2) Use by state educational agency.--A State educational 
     agency may use funds made available for State use under this 
     subtitle to conduct activities under subsection (f) directly 
     or through grants or contracts.
       ``(3) Prohibition on segregating eligible children and 
     youths.--
       ``(A) In general.--Except as provided in subparagraph (B) 
     and section 723(a)(2)(B)(ii), in providing a free public 
     education to an eligible child or youth, no State receiving 
     funds under this subtitle shall segregate such child or youth 
     in a separate school, or in a separate program within a 
     school, based on such child's or youth's status as an 
     eligible child or youth.
       ``(B) Exception.--Notwithstanding subparagraph (A), 
     paragraphs (1)(J)(i) and (3) of subsection (g), section 
     723(a)(2), and any other provision of this subtitle relating 
     to the placement of eligible children or youths in schools, a 
     State that has a separate school for eligible children or 
     youths that was operated in fiscal year 2000 in a covered 
     county shall be eligible to receive funds under this subtitle 
     for programs carried out in such school if--
       ``(i) the school meets the requirements of subparagraph 
     (C);
       ``(ii) any local educational agency serving a school that 
     the eligible children and youths enrolled in the separate 
     school are eligible to attend meets the requirements of 
     subparagraph (E); and
       ``(iii) the State is otherwise eligible to receive funds 
     under this subtitle.
       ``(C) School requirements.--For the State to be eligible 
     under subparagraph (B) to receive funds under this subtitle, 
     the school described in such subparagraph shall--
       ``(i) provide written notice, at the time any child or 
     youth seeks enrollment in such school, and at least twice 
     annually while the child or youth is enrolled in such school, 
     to the parent or guardian of the child or youth (or, in the 
     case of an unaccompanied youth, the youth) that--
       ``(I) shall be signed by the parent or guardian (or, in the 
     case of an unaccompanied youth, the youth);
       ``(II) sets forth the general rights provided under this 
     subtitle;
       ``(III) specifically states--
       ``(aa) the choice of schools eligible children and youths 
     are eligible to attend, as provided in subsection (g)(3)(A);
       ``(bb) that no eligible child or youth is required to 
     attend a separate school for eligible children or youths;
       ``(cc) that eligible children and youths shall be provided 
     comparable services described in subsection (g)(4), including 
     transportation services, educational services, and meals 
     through school meals programs; and
       ``(dd) that eligible children and youths should not be 
     stigmatized by school personnel; and
       ``(IV) provides contact information for the local liaison 
     for eligible children and youths and the State Coordinator 
     for Education of Homeless Children and Youths;
       ``(ii)(I) provide assistance to the parent or guardian of 
     each eligible child or youth (or, in the case of an 
     unaccompanied youth, the youth) to exercise the right to 
     attend the parent's or guardian's (or youth's) choice of 
     schools, as provided in subsection (g)(3)(A); and
       ``(II) coordinate with the local educational agency with 
     jurisdiction for the school selected by the parent or 
     guardian (or youth), to provide transportation and other 
     necessary services;
       ``(iii) ensure that the parent or guardian (or, in the case 
     of an unaccompanied youth, the youth) shall receive the 
     information required by this subparagraph in a manner and 
     form understandable to such parent or guardian (or youth), 
     including, if necessary and to the extent feasible, in the 
     native language of such parent or guardian (or youth); and
       ``(iv) demonstrate in the school's application for funds 
     under this subtitle that such school--
       ``(I) is complying with clauses (i) and (ii); and
       ``(II) is meeting (as of the date of submission of the 
     application) the same Federal and State standards, 
     regulations, and mandates as other public schools in the 
     State (such as complying with sections 1111 and 1116 of the 
     Elementary and Secondary Education Act of 1965 and providing 
     a full range of education

[[Page 22878]]

     and related services, including services applicable to 
     students with disabilities).
       ``(D) School ineligibility.--A separate school described in 
     subparagraph (B) that fails to meet the standards, 
     regulations, and mandates described in subparagraph 
     (C)(iv)(II) shall not be eligible to receive funds under this 
     subtitle for programs carried out in such school after the 
     first date of such failure.
       ``(E) Local educational agency requirements.--For the State 
     to be eligible to receive the funds described in subparagraph 
     (B), the local educational agency described in subparagraph 
     (B)(ii) shall--
       ``(i) implement a coordinated system for ensuring that 
     eligible children and youths--
       ``(I) are advised of the choice of schools provided in 
     subsection (g)(3)(A);
       ``(II) are immediately enrolled, in accordance with 
     subsection (g)(3)(C), in the school selected under subsection 
     (g)(3)(A); and
       ``(III) are promptly provided necessary services described 
     in subsection (g)(4), including transportation, to allow 
     eligible children and youths to exercise their choices of 
     schools under subsection (g)(3)(A);
       ``(ii) document that written notice has been provided--
       ``(I) in accordance with subparagraph (C)(i) for each child 
     or youth enrolled in a separate school under subparagraph 
     (B); and
       ``(II) in accordance with subsection (g)(6)(A)(v);
       ``(iii) prohibit schools within the agency's jurisdiction 
     from referring eligible children or youths to, or requiring 
     eligible children and youths to enroll in or attend, a 
     separate school described in subparagraph (B);
       ``(iv) identify and remove any barriers that exist in 
     schools within the agency's jurisdiction that may have 
     contributed to the creation or existence of separate schools 
     described in subparagraph (B); and
       ``(v) not use funds received under this subtitle to 
     establish--
       ``(I) new or additional separate schools for eligible 
     children or youths; or
       ``(II) new or additional sites for separate schools for 
     eligible children or youths, other than the sites occupied by 
     the schools described in subparagraph (B) in fiscal year 
     2000.
       ``(F) Report.--
       ``(i) Preparation.--The Secretary shall prepare a report on 
     the separate schools and local educational agencies described 
     in subparagraph (B) that receive funds under this subtitle in 
     accordance with this paragraph. The report shall contain, at 
     a minimum, information on--
       ``(I) compliance with all requirements of this paragraph;
       ``(II) barriers to school access in the school districts 
     served by the local educational agencies; and
       ``(III) the progress the separate schools are making in 
     integrating eligible children and youths into the mainstream 
     school environment, including the average length of student 
     enrollment in such schools.
       ``(ii) Compliance with information requests.--For purposes 
     of enabling the Secretary to prepare the report, the separate 
     schools and local educational agencies shall cooperate with 
     the Secretary and the State Coordinator for Education of 
     Homeless Children and Youths established in the State under 
     subsection (d)(3), and shall comply with any requests for 
     information by the Secretary and State Coordinator for such 
     State.
       ``(iii) Submission.--Not later than 2 years after the date 
     of enactment of the McKinney-Vento Homeless Education 
     Assistance Improvements Act of 2001, the Secretary shall 
     submit the report described in clause (i) to--
       ``(I) the President;
       ``(II) the Committee on Education and the Workforce of the 
     House of Representatives; and
       ``(III) the Committee on Health, Education, Labor, and 
     Pensions of the Senate.
       ``(G) Definition.--For purposes of this paragraph, the term 
     `covered county' means--
       ``(i) San Joaquin County, California;
       ``(ii) Orange County, California;
       ``(iii) San Diego County, California; and
       ``(iv) Maricopa County, Arizona.
       ``(f) Functions of the Office of Coordinator.--The 
     Coordinator for Education of Homeless Children and Youths 
     established in each State shall--
       ``(1) gather reliable, valid, and comprehensive information 
     on the nature and extent of the problems eligible children 
     and youths have in gaining access to public preschool 
     programs and to public elementary schools and secondary 
     schools, the difficulties in identifying the special needs of 
     such children and youths, any progress made by the State 
     educational agency and local educational agencies in the 
     State in addressing such problems and difficulties, and the 
     success of the programs under this subtitle in allowing 
     eligible children and youths to enroll in, attend, and 
     succeed in, school;
       ``(2) develop and carry out the State plan described in 
     subsection (g);
       ``(3) collect and transmit to the Secretary, at such time 
     and in such manner as the Secretary may require, a report 
     containing such information as the Secretary determines is 
     necessary to assess the educational needs of eligible 
     children and youths within the State;
       ``(4) facilitate coordination between the State educational 
     agency, the State social services agency, and other agencies 
     (including agencies providing mental health services) to 
     provide services to eligible children and youths (including 
     eligible children and youths of preschool age), and to 
     families of children and youths described in this paragraph;
       ``(5) in order to improve the provision of comprehensive 
     education and related services to eligible children and 
     youths and their families, coordinate and collaborate with--
       ``(A) educators, including child development and preschool 
     program personnel;
       ``(B) providers of services to foster, runaway, and 
     eligible children and youths, and homeless families 
     (including domestic violence agencies, shelter operators, 
     transitional housing facilities, runaway and homeless youth 
     centers, and transitional living programs for eligible 
     children and youth);
       ``(C) local educational agency liaisons designated under 
     subsection (g)(1)(J)(ii) for eligible children and youths; 
     and
       ``(D) community organizations and groups representing 
     eligible children and youths and their families; and
       ``(6) provide technical assistance to local educational 
     agencies in coordination with local educational agency 
     liaisons designated under subsection (g)(1)(J)(ii), to ensure 
     that local educational agencies comply with the requirements 
     of section 722(e)(3) and paragraphs (3) through (7) of 
     subsection (g).
       ``(g) State Plan.--
       ``(1) In general.--Each State shall submit to the Secretary 
     a plan to provide for the education of eligible children and 
     youths within the State. Such plan shall include the 
     following:
       ``(A) A description of how such children and youths are (or 
     will be) given the opportunity to meet the same challenging 
     State academic achievement standards all students are 
     expected to meet.
       ``(B) A description of the procedures the State educational 
     agency will use to identify such children and youths in the 
     State and to assess their special needs.
       ``(C) A description of procedures for the prompt resolution 
     of disputes regarding the educational placement of eligible 
     children and youths.
       ``(D) A description of programs for school personnel 
     (including principals, attendance officers, teachers, 
     enrollment personnel, and pupil services personnel) to 
     heighten the awareness of such personnel of the specific 
     needs of foster, runaway, and eligible children and youths.
       ``(E) A description of procedures that ensure that eligible 
     children and youths who meet the relevant eligibility 
     criteria are able to participate in Federal, State, or local 
     food programs.
       ``(F) A description of procedures that ensure that--
       ``(i) eligible children and youths of preschool age have 
     equal access to the same public preschool programs, 
     administered by the State agency, as provided to other 
     children in the State;
       ``(ii) eligible children and youths of secondary school age 
     and youths separated from the public schools are identified 
     and accorded equal access to appropriate secondary education 
     and support services; and
       ``(iii) eligible children and youths who meet the relevant 
     eligibility criteria are able to participate in Federal, 
     State, or local before- and after-school care programs.
       ``(G) Strategies to address problems identified in the 
     report provided to the Secretary under subsection (f)(3).
       ``(H) Strategies to address other problems with respect to 
     the education of eligible children and youths, including 
     problems resulting from enrollment delays that are caused 
     by--
       ``(i) immunization and medical records requirements;
       ``(ii) residency requirements;
       ``(iii) lack of birth certificates, school records, or 
     other documentation;
       ``(iv) guardianship issues; or
       ``(v) uniform or dress code requirements.
       ``(I) A demonstration that the State educational agency and 
     local educational agencies in the State have developed, and 
     shall review and revise, policies to remove barriers to the 
     enrollment and retention of eligible children and youths in 
     schools in the State.
       ``(J) Assurances that--
       ``(i) the State educational agency and local educational 
     agencies in the State will adopt policies and practices to 
     ensure that eligible children and youths are not stigmatized 
     or segregated on the basis of their status as eligible 
     children and youths;
       ``(ii) local educational agencies will designate an 
     appropriate staff person, who may also be a coordinator for 
     other Federal programs, as a local educational agency liaison 
     for eligible children and youths, to carry out the duties 
     described in paragraph (6)(A); and
       ``(iii) the State and its local educational agencies will 
     adopt policies and practices to ensure that transportation is 
     provided, at the request of the parent or guardian (or in the 
     case of an unaccompanied youth, the liaison), to and from the 
     school of origin, as determined in paragraph (3)(A), in 
     accordance with the following, as applicable:

[[Page 22879]]

       ``(I) If the eligible child or youth continues to live in 
     the area served by the local educational agency in which the 
     school of origin is located, the child's or youth's 
     transportation to and from the school of origin shall be 
     provided or arranged by the local educational agency in which 
     the school of origin is located.
       ``(II) If the eligible child's or youth's living 
     arrangements in the area served by the local educational 
     agency of origin terminate and the child or youth, though 
     continuing his or her education in the school of origin, 
     begins living in an area served by another local educational 
     agency, the local educational agency of origin and the local 
     educational agency in which the eligible child or youth is 
     living shall agree upon a method to apportion the 
     responsibility and costs for providing the child with 
     transportation to and from the school of origin. If the local 
     educational agencies are unable to agree upon such method, 
     the responsibility and costs for transportation shall be 
     shared equally.
       ``(2) Compliance.--
       ``(A) In general.--Each plan adopted under this subsection 
     shall also describe how the State will ensure that local 
     educational agencies in the State will comply with the 
     requirements of paragraphs (3) through (7).
       ``(B) Coordination.--Such plan shall indicate what 
     technical assistance the State will furnish to local 
     educational agencies and how compliance efforts will be 
     coordinated with the local educational agency liaisons 
     designated under paragraph (1)(J)(ii).
       ``(3) Local educational agency requirements.--
       ``(A) In general.--The local educational agency serving 
     each child or youth to be assisted under this subtitle shall, 
     according to the child's or youth's best interest--
       ``(i) continue the child's or youth's education in the 
     school of origin for the duration of homelessness, or 
     jurisdiction of the public child welfare agency, as the case 
     may be--
       ``(I) in any case in which a family becomes homeless 
     between academic years or during an academic year; or
       ``(II) in any case in which a child or youth is placed in 
     the jurisdiction of the public child welfare agency between 
     academic years or during an academic year; or
       ``(III) for the remainder of the academic year, if the 
     child or youth becomes permanently housed during an academic 
     year; or
       ``(ii) enroll the child or youth in any public school that 
     students who are not eligible children and youths and who 
     live in the attendance area in which the child or youth is 
     actually living are eligible to attend.
       ``(B) Best interest.--In determining the best interest of 
     the child or youth under subparagraph (A), the local 
     educational agency shall--
       ``(i) to the extent feasible, keep an eligible child or 
     youth in the school of origin, except when doing so is 
     contrary to the wishes of the child's or youth's parent or 
     guardian;
       ``(ii) provide a written explanation, including a statement 
     regarding the right to appeal under subparagraph (E), to the 
     eligible child's or youth's parent or guardian, if the local 
     educational agency sends such child or youth to a school 
     other than the school of origin or a school requested by the 
     parent or guardian; and
       ``(iii) in the case of an unaccompanied youth, ensure that 
     the liaison designated under paragraph (1)(J)(ii) assists in 
     placement or enrollment decisions under this subparagraph, 
     considers the views of such unaccompanied youth, and provides 
     notice to such youth of the right to appeal under 
     subparagraph (E).
       ``(C) Enrollment.--(i) The school selected in accordance 
     with this paragraph shall immediately enroll the eligible 
     child or youth, even if the child or youth is unable to 
     produce records normally required for enrollment, such as 
     previous academic records, medical records, proof of 
     residency, or other documentation.
       ``(ii) The enrolling school shall immediately contact the 
     school last attended by the child or youth to obtain relevant 
     academic and other records.
       ``(iii) If the child or youth needs to obtain 
     immunizations, or immunization or medical records, the 
     enrolling school shall immediately refer the parent or 
     guardian of the child or youth to the local educational 
     agency liaison designated under paragraph (1)(J)(ii), who 
     shall assist in obtaining necessary immunizations, or 
     immunization or medical records, in accordance with 
     subparagraph (D).
       ``(D) Records.--Any record ordinarily kept by the school, 
     including immunization or medical records, academic records, 
     birth certificates, guardianship records, and evaluations for 
     special services or programs, regarding each eligible child 
     or youth shall be maintained--
       ``(i) so that the records are available, in a timely 
     fashion, when a child or youth enters a new school or school 
     district; and
       ``(ii) in a manner consistent with section 444 of the 
     General Education Provisions Act (20 U.S.C. 1232g).
       ``(E) Enrollment disputes.--If a dispute arises over 
     eligibility for school services, school selection, enrollment 
     in a school, or any other issue under this subtitle--
       ``(i) the child or youth shall be immediately enrolled in 
     the school in which enrollment is sought, pending final 
     resolution of the dispute, including all available appeals;
       ``(ii)(I) the unaccompanied youth or the parent or guardian 
     of the child or youth shall be provided with written 
     explanations of any related decisions made by the school, the 
     local educational agency, or the State educational agency, 
     which shall include information about the right to appeal the 
     decisions; and
       ``(II) if the child or youth is in out-of-home care, the 
     responsible local child welfare agency and the court involved 
     shall also be provided with such written explanation and 
     shall, in turn, provide such written explanations to 
     individuals involved in the child's or youth's care, as 
     appropriate;
       ``(iii) the child, youth, parent, or guardian shall be 
     referred to the local educational agency liaison designated 
     under paragraph (1)(J)(ii), who shall carry out the dispute 
     resolution process as described in paragraph (1)(C) as 
     expeditiously as possible after receiving notice of the 
     dispute; and
       ``(iv) in the case of an unaccompanied youth, the liaison 
     shall ensure that the youth is immediately enrolled in school 
     pending resolution of the dispute, including all available 
     appeals.
       ``(F) Placement choice.--The choice regarding placement 
     shall be made regardless of whether the child or youth lives 
     with the homeless parents or has been temporarily placed 
     elsewhere.
       ``(G) School of origin defined.--In this paragraph, the 
     term `school of origin' means the school that the child or 
     youth attended when permanently housed or the school in which 
     the child or youth was last enrolled.
       ``(H) Contact information.--Nothing in this subtitle shall 
     prohibit a local educational agency from requiring a parent 
     or guardian of an eligible child to submit contact 
     information.
       ``(4) Comparable services.--Each eligible child or youth to 
     be assisted under this subtitle shall be provided services 
     comparable to services offered to other students in the 
     school selected under paragraph (3), including the following:
       ``(A) Transportation services.
       ``(B) Educational services for which the child or youth 
     meets the eligibility criteria, such as services provided 
     under title I of the Elementary and Secondary Education Act 
     of 1965 or similar State or local programs, educational 
     programs for children with disabilities, and educational 
     programs for students with limited English proficiency.
       ``(C) Programs in vocational and technical education.
       ``(D) Programs for gifted and talented students.
       ``(E) School nutrition programs.
       ``(5) Coordination.--
       ``(A) In general.--Each local educational agency serving 
     eligible children and youths that receives assistance under 
     this subtitle shall coordinate--
       ``(i) the provision of services under this subtitle with 
     local social services agencies and other agencies or programs 
     providing services to eligible children and youths and their 
     families, including services and programs funded under the 
     Runaway and Homeless Youth Act (42 U.S.C. 5701 et seq.); and
       ``(ii) with other local educational agencies on 
     interdistrict issues, such as transportation or transfer of 
     school records.
       ``(B) Housing assistance.--If applicable, each State 
     educational agency and local educational agency that receives 
     assistance under this subtitle shall coordinate with State 
     and local housing agencies responsible for developing the 
     comprehensive housing affordability strategy described in 
     section 105 of the Cranston-Gonzalez National Affordable 
     Housing Act (42 U.S.C. 12705) to minimize educational 
     disruption for children and youths who become homeless.
       ``(C) Coordination purpose.--The coordination required 
     under subparagraphs (A) and (B) shall be designed to--
       ``(i) ensure that eligible children and youths have access 
     and reasonable proximity to available education and related 
     support services; and
       ``(ii) raise the awareness of school personnel and service 
     providers of the effects of short-term stays in a shelter and 
     other challenges associated with homelessness and being in 
     the foster care system.
       ``(6) Local educational agency liaison.--
       ``(A) Duties.--Each local educational agency liaison for 
     eligible children and youths, designated under paragraph 
     (1)(J)(ii), shall ensure that--
       ``(i) eligible children and youths are identified by school 
     personnel and through coordination activities with other 
     entities and agencies;
       ``(ii) eligible children and youths enroll in, and have a 
     full and equal opportunity to succeed in, schools of that 
     local educational agency;
       ``(iii) eligible children and youths and homeless families 
     receive educational services for which such children and 
     youths and families are eligible, including Head Start and 
     Even Start programs and preschool programs administered by 
     the local educational agency, and referrals to health care 
     services, dental services, mental health services, and other 
     appropriate services;
       ``(iv) the parents or guardians of eligible children and 
     youths are informed of the educational and related 
     opportunities available

[[Page 22880]]

     to their children and are provided with meaningful 
     opportunities to participate in the education of their 
     children;
       ``(v) public notice of the educational rights of eligible 
     children and youths is disseminated where such children and 
     youths receive services under this Act, such as schools, 
     family shelters, and soup kitchens;
       ``(vi) enrollment disputes are mediated in accordance with 
     paragraph (3)(E); and
       ``(vii) the parent or guardian of an eligible child or 
     youth, and any unaccompanied youth, is fully informed of all 
     transportation services, including transportation to the 
     school of origin, as described in paragraph (1)(J)(iii), and 
     is assisted in accessing transportation to the school that is 
     selected under paragraph (3)(A).
       ``(B) Notice.--State coordinators established under 
     subsection (d)(3) and local educational agencies shall inform 
     school personnel, service providers, and advocates working 
     with homeless families of the duties of the local educational 
     agency liaisons.
       ``(C) Local and state coordination.--Local educational 
     agency liaisons for eligible children and youths shall, as a 
     part of their duties, coordinate and collaborate with State 
     coordinators and community and school personnel responsible 
     for the provision of education and related services to 
     eligible children and youths.
       ``(7) Review and revisions.--
       ``(A) In general.--Each State educational agency and local 
     educational agency that receives assistance under this 
     subtitle shall review and revise any policies that may act as 
     barriers to the enrollment of eligible children and youths in 
     schools that are selected under paragraph (3).
       ``(B) Consideration.--In reviewing and revising such 
     policies, consideration shall be given to issues concerning 
     transportation, immunization, residency, birth certificates, 
     school records and other documentation, and guardianship.
       ``(C) Special attention.--Special attention shall be given 
     to ensuring the enrollment and attendance of eligible 
     children and youths who are not currently attending school.

     ``SEC. 723. LOCAL EDUCATIONAL AGENCY SUBGRANTS FOR THE 
                   EDUCATION OF ELIGIBLE CHILDREN AND YOUTHS.

       ``(a) General Authority.--
       ``(1) In general.--The State educational agency shall, in 
     accordance with section 722(e), and from amounts made 
     available to such agency under section 726, make subgrants to 
     local educational agencies for the purpose of facilitating 
     the enrollment, attendance, and success in school of eligible 
     children and youths.
       ``(2) Services.--
       ``(A) In general.--Services under paragraph (1)--
       ``(i) may be provided through programs on school grounds or 
     at other facilities;
       ``(ii) shall, to the maximum extent practicable, be 
     provided through existing programs and mechanisms that 
     integrate eligible children and youths with noneligible 
     children and youths; and
       ``(iii) shall be designed to expand or improve services 
     provided as part of a school's regular academic program, but 
     not to replace such services provided under such program.
       ``(B) Services on school grounds.--If services under 
     paragraph (1) are provided on school grounds, schools--
       ``(i) may use funds under this subtitle to provide the same 
     services to other children and youths who are determined by 
     the local educational agency to be at risk of failing in, or 
     dropping out of, school, subject to the requirements of 
     clause (ii); and
       ``(ii) except as otherwise provided in section 
     722(e)(3)(B), shall not provide services in settings within a 
     school that segregate eligible children and youths from other 
     children and youths, except as necessary for short periods of 
     time--
       ``(I) for health and safety emergencies; or
       ``(II) to provide temporary, special, and supplementary 
     services to meet the unique needs of eligible children and 
     youths.
       ``(3) Requirement.--Services provided under this section 
     shall not replace the regular academic program and shall be 
     designed to expand upon or improve services provided as part 
     of the school's regular academic program.
       ``(b) Application.--A local educational agency that desires 
     to receive a subgrant under this section shall submit an 
     application to the State educational agency at such time, in 
     such manner, and containing or accompanied by such 
     information as the State educational agency may reasonably 
     require. Such application shall include the following:
       ``(1) An assessment of the educational and related needs of 
     eligible children and youths in the area served by such 
     agency (which may be undertaken as part of needs assessments 
     for other disadvantaged groups).
       ``(2) A description of the services and programs for which 
     assistance is sought to address the needs identified in 
     paragraph (1).
       ``(3) An assurance that the local educational agency's 
     combined fiscal effort per student, or the aggregate 
     expenditures of that agency and the State with respect to the 
     provision of free public education by such agency for the 
     fiscal year preceding the fiscal year for which the 
     determination is made, was not less than 90 percent of such 
     combined fiscal effort or aggregate expenditures for the 
     second fiscal year preceding the fiscal year for which the 
     determination is made.
       ``(4) An assurance that the applicant complies with, or 
     will use requested funds to comply with, paragraphs (3) 
     through (7) of section 722(g).
       ``(5) A description of policies and procedures, consistent 
     with section 722(e)(3), that the agency will implement to 
     ensure that activities carried out by the agency will not 
     isolate or stigmatize eligible children and youths.
       ``(c) Awards.--
       ``(1) In general.--The State educational agency shall, in 
     accordance with the requirements of this subtitle and from 
     amounts made available to it under section 726, make 
     competitive subgrants to local educational agencies that 
     submit applications under subsection (b). Such subgrants 
     shall be awarded on the basis of the need of such agencies 
     for assistance under this subtitle and the quality of the 
     applications submitted.
       ``(2) Need.--In determining need under paragraph (1), the 
     State educational agency may consider the number of eligible 
     children and youths enrolled in preschool, elementary, and 
     secondary schools within the area served by the local 
     educational agency, and shall consider the needs of such 
     children and youths and the ability of the local educational 
     agency to meet such needs. The State educational agency may 
     also consider the following:
       ``(A) The extent to which the proposed use of funds will 
     facilitate the enrollment, retention, and educational success 
     of eligible children and youths.
       ``(B) The extent to which the application--
       ``(i) reflects coordination with other local and State 
     agencies that serve eligible children and youths; and
       ``(ii) describes how the applicant will meet the 
     requirements of section 722(g)(3).
       ``(C) The extent to which the applicant exhibits in the 
     application and in current practice a commitment to education 
     for all eligible children and youths.
       ``(D) Such other criteria as the State agency determines 
     appropriate.
       ``(3) Quality.--In determining the quality of applications 
     under paragraph (1), the State educational agency shall 
     consider the following:
       ``(A) The applicant's needs assessment under subsection 
     (b)(1) and the likelihood that the program presented in the 
     application will meet such needs.
       ``(B) The types, intensity, and coordination of the 
     services to be provided under the program.
       ``(C) The involvement of parents or guardians of eligible 
     children or youths in the education of their children.
       ``(D) The extent to which eligible children and youths will 
     be integrated within the regular education program.
       ``(E) The quality of the applicant's evaluation plan for 
     the program.
       ``(F) The extent to which services provided under this 
     subtitle will be coordinated with other services available to 
     eligible children and youths and their families.
       ``(G) Such other measures as the State educational agency 
     considers indicative of a high-quality program, such as the 
     extent to which the local educational agency will provide 
     case management or related services to unaccompanied youths.
       ``(4) Duration of grants.--Grants awarded under this 
     section shall be for terms not to exceed 3 years.
       ``(d) Authorized Activities.--A local educational agency 
     may use funds awarded under this section for activities that 
     carry out the purpose of this subtitle, including the 
     following:
       ``(1) The provision of tutoring, supplemental instruction, 
     and enriched educational services that are linked to the 
     achievement of the same challenging State academic content 
     standards and challenging State student academic achievement 
     standards the State establishes for other children and 
     youths.
       ``(2) The provision of expedited evaluations of the 
     strengths and needs of eligible children and youths, 
     including needs and eligibility for programs and services 
     (such as educational programs for gifted and talented 
     students, children with disabilities, and students with 
     limited English proficiency, services provided under title I 
     of the Elementary and Secondary Education Act of 1965 or 
     similar State or local programs, programs in vocational and 
     technical education, and school nutrition programs).
       ``(3) Professional development and other activities for 
     educators and pupil services personnel that are designed to 
     heighten the understanding and sensitivity of such personnel 
     to the needs of eligible children and youths, the rights of 
     such children and youths under this subtitle, and the 
     specific educational needs of foster, runaway, and eligible 
     children and youths.
       ``(4) The provision of referral services to eligible 
     children and youths for medical, dental, mental, and other 
     health services.
       ``(5) The provision of assistance to defray the excess cost 
     of transportation for students under section 722(g)(4)(A), 
     not otherwise provided through Federal, State, or

[[Page 22881]]

     local funding, where necessary to enable students to attend 
     the school selected under section 722(g)(3).
       ``(6) The provision of developmentally appropriate early 
     childhood education programs, not otherwise provided through 
     Federal, State, or local funding, for eligible children and 
     youths of preschool age.
       ``(7) The provision of services and assistance to attract, 
     engage, and retain eligible children and youths, and 
     unaccompanied youths, in public school programs and services 
     provided to noneligible children and youths.
       ``(8) The provision for eligible children and youths of 
     before- and after-school, mentoring, and summer programs in 
     which a teacher or other qualified individual provides 
     tutoring, homework assistance, and supervision of educational 
     activities.
       ``(9) If necessary, the payment of fees and other costs 
     associated with tracking, obtaining, and transferring records 
     necessary to enroll eligible children and youths in school, 
     including birth certificates, immunization or medical 
     records, academic records, guardianship records, and 
     evaluations for special programs or services.
       ``(10) The provision of education and training to the 
     parents of eligible children and youths about the rights of, 
     and resources available to, such children and youths.
       ``(11) The development of coordination between schools and 
     agencies providing services to eligible children and youths, 
     as described in section 722(g)(5).
       ``(12) The provision of pupil services (including violence 
     prevention counseling) and referrals for such services.
       ``(13) Activities to address the particular needs of 
     eligible children and youths that may arise from domestic 
     violence.
       ``(14) The adaptation of space and purchase of supplies for 
     any nonschool facilities made available under subsection 
     (a)(2) to provide services under this subsection.
       ``(15) The provision of school supplies, including those 
     supplies to be distributed at shelters or temporary housing 
     facilities, or other appropriate locations.
       ``(16) The provision of other extraordinary or emergency 
     assistance needed to enable eligible children and youths to 
     attend school.

     ``SEC. 724. SECRETARIAL RESPONSIBILITIES.

       ``(a) Review of State Plans.--In reviewing the State plan 
     submitted by a State educational agency under section 722(g), 
     the Secretary shall use a peer review process and shall 
     evaluate whether State laws, policies, and practices 
     described in such plan adequately address the problems of 
     eligible children and youths relating to access to education 
     and placement as described in such plan.
       ``(b) Technical Assistance.--The Secretary shall provide 
     support and technical assistance to a State educational 
     agency to assist such agency in carrying out its 
     responsibilities under this subtitle, if requested by the 
     State educational agency.
       ``(c) Notice.--The Secretary shall, before the next school 
     year that begins after the date of enactment of the McKinney-
     Vento Homeless Education Assistance Improvements Act of 2001, 
     create and disseminate nationwide a public notice of the 
     educational rights of eligible children and youths and 
     disseminate such notice to other Federal agencies, programs, 
     and grantees, including Head Start grantees, Health Care for 
     the Homeless grantees, Emergency Food and Shelter grantees, 
     and homeless assistance programs administered by the 
     Department of Housing and Urban Development.
       ``(d) Evaluation and Dissemination.--The Secretary shall 
     conduct evaluation and dissemination activities of programs 
     designed to meet the educational needs of eligible children 
     and youths who are elementary and secondary school students, 
     and may use funds appropriated under section 726 to conduct 
     such activities.
       ``(e) Submission and Distribution.--The Secretary shall 
     require applications for grants under this subtitle to be 
     submitted to the Secretary not later than the expiration of 
     the 60-day period beginning on the date that funds are 
     available for purposes of making such grants and shall make 
     such grants not later than the expiration of the 120-day 
     period beginning on such date.
       ``(f) Determination by Secretary.--The Secretary, based on 
     the information received from the States and information 
     gathered by the Secretary under subsection (h), shall 
     determine the extent to which State educational agencies are 
     ensuring that each eligible child or youth has access to a 
     free appropriate public education, as described in section 
     721(1).
       ``(g) Guidelines.--The Secretary shall develop, issue, and 
     publish in the Federal Register, not later than 60 days after 
     the date of enactment of the McKinney-Vento Homeless 
     Education Assistance Improvements Act of 2001, school 
     enrollment guidelines for States with respect to eligible 
     children and youths. The guidelines shall describe--
       ``(1) successful ways in which a State may assist local 
     educational agencies to immediately enroll eligible children 
     and youths in school; and
       ``(2) how a State can review the State's requirements 
     regarding immunization and medical or school records and make 
     such revisions to the requirements as are appropriate and 
     necessary in order to enroll eligible children and youths in 
     school immediately.
       ``(h) Information.--
       ``(1) In general.--From funds appropriated under section 
     726, the Secretary shall, directly or through grants, 
     contracts, or cooperative agreements, periodically collect 
     and disseminate data and information regarding--
       ``(A) the number and location of eligible children and 
     youths;
       ``(B) the education and related services such children and 
     youths receive;
       ``(C) the extent to which the needs of eligible children 
     and youths are being met; and
       ``(D) such other data and information as the Secretary 
     determines to be necessary and relevant to carry out this 
     subtitle.
       ``(2) Coordination.--The Secretary shall coordinate such 
     collection and dissemination with other agencies and entities 
     that receive assistance and administer programs under this 
     subtitle.
       ``(i) Report.--Not later than 4 years after the date of 
     enactment of the McKinney-Vento Homeless Education Assistance 
     Improvements Act of 2001, the Secretary shall prepare and 
     submit to the President and the Committee on Education and 
     the Workforce of the House of Representatives and the 
     Committee on Health, Education, Labor, and Pensions of the 
     Senate a report on the status of education of eligible 
     children and youths, which shall include information on--
       ``(1) the education of eligible children and youths; and
       ``(2) the actions of the Secretary and the effectiveness of 
     the programs supported under this subtitle.

     ``SEC. 725. DEFINITIONS.

       ``For purposes of this subtitle:
       ``(1) The term `eligible children and youths' includes--
       ``(A) individuals who lack a fixed, regular, and adequate 
     nighttime residence (within the meaning of section 
     103(a)(1));
       ``(B)(i) children and youths who--
       ``(I) are sharing the housing of other persons due to loss 
     of housing, economic hardship, or a similar reason;
       ``(II) are living in motels, hotels, trailer parks, or 
     camping grounds due to the lack of alternative adequate 
     accommodations;
       ``(III) are living in emergency or transitional shelters;
       ``(IV) are abandoned in hospitals; or
       ``(V) are awaiting foster care placement;
       ``(ii) children and youths who have a primary nighttime 
     residence that is a public or private place not designed for 
     or ordinarily used as a regular sleeping accommodation for 
     human beings (within the meaning of section 103(a)(2)(C));
       ``(iii) children and youths who are living in cars, parks, 
     public spaces, abandoned buildings, substandard housing, bus 
     or train stations, or similar settings; and
       ``(iv) migratory children (as such term is defined in 
     section 1309 of the Elementary and Secondary Education Act of 
     1965) who are considered eligible for the purposes of this 
     subtitle because the children are living in circumstances 
     described in clauses (i) through (iii); and
       ``(C) children and youths in out-of-home care under the 
     jurisdiction of the responsible public child welfare agency, 
     including foster care, kinship care, care in a group home, 
     and care in a child care institution.
       ``(2) The terms `enroll' and `enrollment' include attending 
     classes and participating fully in school activities.
       ``(3) The terms `local educational agency' and `State 
     educational agency' have the meanings given such terms in 
     section 9101 of the Elementary and Secondary Education Act of 
     1965.
       ``(4) The term `parent or guardian', used with respect to a 
     child or youth in out-of- home care, means--
       ``(A) the person who is the birth or adoptive parent or 
     legal guardian of the child or youth, unless--
       ``(i) such person's right to make educational decisions for 
     the child or youth has been terminated or suspended by a 
     court; or
       ``(ii) the person cannot be identified or located after 
     reasonable efforts, is not available with reasonable 
     promptness to assist in enrollment or placement decisions, or 
     is not acting in the best educational interests of the child 
     in enrollment or placement decisions; or
       ``(B) in a situation described in clause (i) or (ii) of 
     subparagraph (A), a person appointed by a court to make 
     educational decisions for the child or youth under this Act, 
     after considering (in the case of a child or youth who is 
     eligible for services under the Individuals with Disabilities 
     Education Act (20 U.S.C. 1400 et seq.)) whether the person 
     considered to be the parent of the child or youth for 
     purposes of that Act should serve as the person to make those 
     educational decisions.
       ``(5) The term `Secretary' means the Secretary of 
     Education.
       ``(6) The term `State' means each of the 50 States, the 
     District of Columbia, and the Commonwealth of Puerto Rico.
       ``(7) The term `unaccompanied youth' includes a youth not 
     in the physical custody of a parent or guardian.

     ``SEC. 726. AUTHORIZATION OF APPROPRIATIONS.

       ``For the purpose of carrying out this subtitle, there are 
     authorized to be appropriated

[[Page 22882]]

     $150,000,000 for fiscal year 2008 and such sums as may be 
     necessary for each of the 4 succeeding years .''.

     SEC. 511. GRADUATION RATES.

       (a) Disaggregation of Graduation Rates and Elementary 
     School Indicator in Determining Adequate Yearly Progress.--
     Subparagraph (D) of section 1111(b)(2) of such Act is 
     amended--
       (1) by striking ``and'' at the end of clause (i);
       (2) by redesignating clause (ii) as clause (iii); and
       (3) by inserting after clause (i) the following new clause:
       ``(ii) shall determine adequate yearly progress using 
     graduation rates of public secondary school students 
     (measured separately for each group described in subparagraph 
     (C)(v)); and''.
       (b) Goals for Increasing Graduation Rates for Groups of 
     Students.--
       (1) In general.--Subparagraph (G) of section 1111(b)(2) of 
     such Act is amended--
       (A) by striking ``and'' at the end of clause (iv);
       (B) by striking the period at the end of clause (v) and 
     inserting ``; and''; and
       (C) by adding at the end the following new clause:
       ``(vi) shall ensure each group of students described in 
     subparagraph (C)(v) meets--
       the graduation rate for public secondary school students.
       (2) Safe harbor.--Clause (i) of section 1111(b)(2)(I) of 
     such Act is amended to read as follows:
       ``(i) each group of students described in subparagraph 
     (C)(v) must meet or exceed the objectives set by the State 
     under subparagraph (G), except that if any group described in 
     subparagraph (C)(v) does not meet those objectives in any 
     particular year, the school shall be considered to have made 
     adequate yearly progress if--
       ``(I) except in the case of the objectives described in 
     subparagraph (G)(vi), the percentage of students in that 
     group who did not meet or exceed the proficient level of 
     academic achievement on the State assessments under paragraph 
     (3) for that year decreased by 10 percent of that percentage 
     from the preceding school year and that group made progress 
     on one or more of the academic indicators described in 
     subparagraph (C)(vi) or (vii); and
       ``(II) in the case of the objectives described in 
     subparagraph (G)(vi)--
       ``(aa) the school meets the objectives described in 
     subparagraph (G)(vi), or for any school year prior to the 
     school year which is at the end of the timeline described in 
     subparagraph (F), meets the intermediate goals for such 
     objectives described in subparagraph (H); or
       ``(bb) there is less than a 5 percentage point difference 
     between the group described in subparagraph (C)(v) having the 
     highest rate and the group so described having the lowest 
     rate (except that students with disabilities who are not 
     assessed against grade level content standards shall not be 
     taken into account in determining adequate yearly progress 
     for public secondary school students and public elementary 
     school students); and''.
       (c) Graduation Rates Determined Using 4-Year Adjusted 
     Cohort Rate.--Subparagraph (C) of section 1111(b)(2) of such 
     Act is amended--
       (1) by striking ``(defined as the percentage of students 
     who graduate from secondary school with a regular diploma in 
     the standard number of years)'' in clause (vi); and
       (2) by adding at the end the following new flush sentence:

     ``Graduation rates under clause (vi) shall be determined 
     using a 4-year adjusted cohort rate, which compares the 
     number of students enrolling in the 9th grade to the number 
     of students who graduate from the 12th grade 4 years later, 
     controlling for students transferring to other schools and 
     allowing for children with disabilities and limited-English 
     proficient children to have additional time to graduate. The 
     period of additional time described in the preceding sentence 
     shall be defined in regulation by the Secretary. A similar 3-
     year such cohort rate shall be used for secondary schools 
     with only 3 grades.''.

     SEC. 512. DISTRICT WIDE HIGH SCHOOLS REFORM.

       (a) In General.--Paragraph (1) of section 1112(b) of the 
     Elementary and Secondary Education Act of 1965 is amended--
       (1) by striking ``and'' at the end of subparagraph (P);
       (2) by striking the period at the end of subparagraph (Q) 
     and inserting ``; and''; and
       (3) by adding at the end the following new subparagraph:
       ``(R) a description of the districtwide school improvement 
     plan (meeting the requirements of paragraph (3)(B)) that the 
     local educational agency will implement if such agency is 
     required by paragraph (3)(A) to implement such a plan as of 
     the beginning of any year.''.
       (b) Requirements.--Subsection (b) of section 1112 of such 
     Act is amended by adding at the end the following new 
     paragraph:
       ``(3) Districtwide school improvement plans.--
       ``(A) In general.--A local educational agency shall 
     implement its districtwide school improvement plan as of the 
     beginning of any year if--
       ``(i)(I) at least 50 percent of the students served by such 
     agency are enrolled in secondary schools which did not make 
     adequate yearly progress (as set out in the State's plan 
     under section 1111(b)(2)) for the preceding year; or
       ``(II) at least 50 percent of the secondary schools served 
     by such agency did not make such progress for such preceding 
     year; and
       ``(ii) attendance rates at the secondary schools served by 
     such agency that did not make such progress for such 
     preceding year, and the attendance rates of 8th grade 
     students (or the highest grade before entering secondary 
     school) who would otherwise enter such schools for such 
     preceding year, are in the bottom quartile compared to all 
     schools served by such agency.
       ``(B) Districtwide plan requirements.--A districtwide 
     school improvement program meets the requirements of this 
     subparagraph if--
       ``(i) the plan requires the local educational agency, in 
     determining the interventions necessary to improve 
     achievement at secondary schools served by the agency, to 
     consider--
       ``(I) the status of schools in making adequate yearly 
     progress (as set out in the State's plan under section 
     1111(b)(2));
       ``(II) graduation rates (within the meaning of section 
     1111(b)(2)(C)(vi)) for each group described in section 
     1111(b)(2)(C)(v);
       ``(III) assessment results and attendance rates for the 
     highest grade at elementary schools whose students attend 
     such agency's secondary schools; and
       ``(IV) the level of credit accumulation by students as of 
     the end of the lowest grade in secondary school; and
       ``(ii) such plan requires the local educational agency--
       ``(I) to focus on the secondary schools which resulted in 
     meeting the requirement of subparagraph (A)(i) in order to 
     reduce the number of students at those schools who do not 
     meet a proficient level of academic performance;
       ``(II) to do a resource allocation analysis of the needs of 
     the secondary schools served by such agency with respect to 
     staffing, professional development, instruction, and student 
     attendance and behavior;
       ``(III) to develop a research-based plan which meets the 
     requirements of subparagraph (C) to address--
       ``(aa) the instructional, curriculum, and capacity needs of 
     the local educational agency's ability to assist secondary 
     schools in increasing achievement; and
       ``(bb) the instructional needs of its schools;
       ``(IV) increase attendance and earned, on-time grade 
     promotion; and
       ``(V) take steps designed to ensure students graduate from 
     secondary school ready for college and the workplace.
       ``(C) Plan to meet instructional needs.--A plan meets the 
     requirements of this subparagraph if the plan requires the 
     local educational agency to consider--
       ``(i) ensuring alignment between the curriculum used by the 
     school district and State standards;
       ``(ii) the use of formative assessments;
       ``(iii) the use of data to improve instruction;
       ``(iv) the incorporation of staff-focused professional 
     development;
       ``(v) the hiring, placement, and distribution of highly 
     effective principals;
       ``(vi) the hiring and distribution of highly effective 
     teachers; and
       ``(vii) the use of an extended school day and school year.
       ``(D) Peer review before state approval.--The State 
     educational agency may approve a local educational agency's 
     plan under this section only after--
       ``(i) considering the results of a peer review of the 
     districtwide school improvement plan referred to in paragraph 
     (1)(R); and
       ``(ii) consulting with State officials responsible for 
     juvenile justice and alternative education placements.

     The State educational agency shall provide technical 
     assistance to local educational agencies in the development 
     of such districtwide school improvement plans.''.
                                  ____


                      All Students Can Achieve Act

                 (Senators Lieberman-Landrieu-Coleman)

       This legislation strives to improve the quality and 
     equality of our education system. A good education is the 
     best way to help every child realize their American dream. No 
     Child Left Behind must adhere to the basic principle that 
     each child can learn, and that all children, no matter where 
     they live in the country, are entitled to an education that 
     prepares them to succeed in life.
     1. Moving to student achievement growth and effective 
         teachers
       Teachers are the most important factor in school and 
     student achievement. This section requires states to measure 
     teacher and principal effectiveness. An effective teacher is 
     one that can demonstrate learning in the classroom. Funds are 
     provided for states to assess effectiveness primarily through 
     objective measures of student growth and achievement 
     (``growth models''), while allowing secondary consideration 
     of other factors including peer and principal evaluations. 
     This legislation requires and funds the development of data 
     systems to track individual student

[[Page 22883]]

     performance over time and to link that performance to 
     teachers, programs and services. States with adequate data 
     systems and plans for measuring effectiveness may use growth 
     models for determining Adequate Yearly Progress (AYP). 
     Schools that demonstrate teacher effectiveness will have 
     greater flexibilities to opt out of the Highly Qualified 
     Teacher requirements. States can also gain flexibilities in 
     their use of federal funds as long as those funds principally 
     still target students with the highest needs.
       Components:
       Require and fund the development of state longitudinal data 
     systems, with common data elements, to track student growth 
     over time and to link student development to key items 
     including teachers, programs and supplemental services. A 
     portion of the funding is available for consortia of states 
     to develop infrastructure and systems for multi-state use.
       States will need to complete data systems within four 
     years. If states already have data systems meeting the 
     necessary criteria or complete their systems in less than 
     four years, their funds may be used for the development, 
     enhancement and/or implementation of teacher and principal 
     effectiveness and growth model programs. Up to one-third of 
     the funds appropriated for data systems may go to regional 
     state consortia.
       Provide funds for states to implement teacher and principal 
     effectiveness evaluations primarily through objective 
     measures of student learning growth. Teachers not rated as 
     effective will receive professional development. After five 
     years of continuously being rated as ineffective, these 
     teachers would no longer be permitted to teach in Title I 
     schools.
       States with a plan to measure teacher effectiveness may 
     adopt a growth model for accountability. Students will need 
     to be on a trajectory toward proficiency in reading/language 
     arts and math by 2014 and science by 2020. The growth model 
     goals must be based on grade-level proficiency, with a 
     limited exception for students with severe cognitive 
     disabilities. States currently in the growth model pilot may 
     continue in that pilot.
       Provide flexibility for schools and districts that actually 
     demonstrate effectiveness by allowing them to opt out of the 
     Highly Qualified Teacher (HQT) provisions. These schools and 
     districts would also be able to benefit from greater 
     flexibility in their use of federal funds, as long as those 
     funds still target students with the highest needs and their 
     states adopt or maintain rigorous standards and assessments. 
     States may apply to be permitted to increase from 50 percent 
     to 100 percent the amount that may be transferred from other 
     Titles into Title I where they are making AYP and states have 
     a successfully peer-reviewed teacher and principal 
     effectiveness program.
       Provides grant funds for innovative programs to evaluate 
     professional development activities and to reform teacher 
     compensation, assignment, and tenure policies. These reforms 
     may include better pay to better teachers and incentives for 
     the best teachers to teach in high need schools.
     2. Closing the achievement gap
       This section takes steps to tackle the continuing 
     achievement gap in the country. It addresses the situation 
     where many students do not get a good education simply 
     because of where they live. It promotes the notion that 
     education anywhere should prepare you for life everywhere. 
     Among other things, this section requires the equitable 
     distribution of non-Federal funds within school districts; 
     provides incentives for school professionals through teamwork 
     in the poorest schools to make the greatest improvements in 
     student performance; provides funds for out-of-district 
     transfers to public schools for students without viable 
     alternatives; provide equitable funding and flexibility under 
     the Charter School Program; and disaggregates graduation rate 
     data requiring the gap in graduation rates to be closed.
       Components:
       Require that Title I and non-Title I schools have an 
     equitable distribution of non-Federal funds. States will 
     perform a needs assessment to identify disproportionate 
     funding.
       Provide a school-based rewards system that recognizes the 
     teamwork of teachers, administrators, counselors, librarians 
     and media specialists, and other staff necessary to improve 
     schools. Schools in the bottom third of income of Title I 
     schools in the state that show exemplary growth in student 
     performance will be eligible. Funding may be used for non-
     recurring bonuses for teachers, administrators and staff; 
     professional development for teachers, administrators and 
     staff; the addition of temporary personnel to continue school 
     improvement; and reduced teaching schedules to permit limited 
     numbers of teachers to act as mentors at their school and/or 
     at other Title I schools.
       Grants for students in schools missing AYP for two or more 
     consecutive years with no available alternative public school 
     options, due to all the other schools failing to make AYP 
     within the school district or a lack of room in other 
     schools, to transfer to a public school outside of their 
     district with the federal funds following the student. 
     Students will need to be from low income families. Receiving 
     schools will be public schools within another nearby district 
     agreeing to accept students. Under this pilot program, the 
     receiving district will receive funding, up to $4000, for 
     tuition, fees and transportation; safe harbor against missing 
     AYP due to recent transfers (transferred students may be 
     excluded from AYP calculation for their first year); and 
     provided funds, up to $1000 per student, for mentoring new 
     students and for parental involvement programs.
       Require independent audits of space availability for in-
     district transfers for school districts containing schools in 
     need of improvement.
       Disaggregate graduation rate data and work to close the 
     achievement gap where subgroups are significantly falling 
     behind.
       Incorporate evidence-based intervention (also known as 
     response to intervention) models to increase the opportunity 
     for all students to meet challenging academic achievement 
     standards through early identification.
       Elementary schools identified for school improvement shall 
     administer developmental screens and assessments to incoming 
     preschool and kindergarten. These screens and assessments 
     will be used to plan for and improve instruction and needed 
     services.
       Include principles of universal design for learning to 
     reduce barriers, provide appropriate supports and challenges, 
     and maintain high achievement standards for all students, 
     including those with disabilities and English language 
     learners.
       Enhance the Charter Schools Program to permit schools under 
     restructuring to close and reopen themselves as charters even 
     if the addition of such schools would exceed the State's 
     limit on the number of charter schools that may operate in 
     the State, city, county, or region. Preference is given under 
     the program to states that fund charter schools commensurate 
     with their funding of other public schools.
     3. Setting and achieving high American standards
       This section addresses the need to promote rigorous 
     standards and assessments of student learning to ensure that 
     students succeed in life. Nothing in this section would 
     interfere with local flexibility in how to teach. The 
     National Assessment Governing Board, with local, state and 
     national representatives, is expanded with more business 
     leaders and teachers. They will develop world-class voluntary 
     American learning standards and assessments in reading, math 
     and science while ensuring that the standards and assessments 
     are aligned with life, college and workplace readiness 
     skills.
       States may choose to adopt these standards and assessments. 
     In return, they will receive the assessments, including 
     alternative assessments designed specifically for students 
     with disabilities and English language learners, and the 
     infrastructure for administering them. This will free these 
     states to concentrate their education resources in other 
     critical need areas. States may also build their own 
     assessments based upon the American learning standards or 
     keep their existing rigorous standards and tests. State 
     standards and tests, however, will be compared to the 
     rigorous voluntary American standards.
       State leaders from higher education, schools, businesses 
     and government will work, through P-16 Commissions, to align 
     standards, assessments and curriculum from preschool through 
     college to ensure that high school and college graduates have 
     up-to-date skills needed to succeed in life.
       Components:
       Directs the National Assessment Governing Board, where more 
     business leaders, teachers and other representatives are 
     added, to develop world-class voluntary American learning 
     standards and assessments in reading, math and science in 
     grades 3-12. Alternate assessments will be developed for 
     students with disabilities and English language learners.
       States may adopt the American standards and tests, build 
     their tests to the American standards, join standards and 
     assessments from regional consortia, or keep their current 
     systems. The Secretary of Education will report to the 
     Congress and public annually on the variance between the 
     rigor of state assessments and the Commission's assessment.
       Require states to ensure that they have the standards, 
     assessments and curriculum aligned to meet life, college and 
     workplace needs, including critical thinking and problem 
     solving skills, from preschool to college, through P-16 
     Commissions. These Commissions, headed by the Governor or the 
     Governor's designee, will also address ways that economically 
     disadvantaged students, students from each major racial and 
     ethnic group, students with disabilities, and English 
     language learners will increase their success in 
     postsecondary education.
     4. Improvements to accountability
       This section distinguishes those schools needing intensive 
     interventions, i.e. schools with a majority of students 
     missing AYP, from schools missing AYP for less than half the 
     student population. This division permits more resources to 
     be directed to those schools with pervasive problems while 
     other schools concentrate on improving learning for specific 
     subgroups or within particular

[[Page 22884]]

     areas of need. This change also alleviates a common criticism 
     that a single subgroup, especially students with 
     disabilities, will single-handedly move a school into 
     restructuring.
       The vague restructuring option that permitted ``any other 
     major restructuring of the school's governance'' is 
     eliminated while a limit is provided on the percentage of 
     schools required to implement comprehensive restructuring 
     within a single school district in a given year. This 
     legislation addresses modified and alternative achievement 
     standards and related assessments for students with 
     disabilities and provides more time in AYP calculations for 
     students exiting the English language learner subgroup. 
     Schools and districts will be held more accountable for 
     students with disabilities and English language learners by 
     placing upper limits on the minimum number of students that 
     need to make up a subgroup. It also limits the practice of 
     using very wide statistical error ranges when determining 
     success.
       Funding school improvements continues to be a critical 
     need. This legislation increases the authorization for the 
     School Improvement Grants program and distributes new funds 
     to states according to the number of schools they have under 
     improvement. This distribution provides incentives for a more 
     accurate portrayal of schools not meeting Adequate Yearly 
     Progress as states with more schools under improvement will 
     receive a larger share of funds.
       Components:
       Schools with a majority of their students missing AYP will 
     follow an intensive program of attention. Supplemental 
     Education Services (SES) will be available in the second year 
     under improvement, one year earlier than under the present 
     law. Schools in the final year of restructuring, limited to 
     no more than 10 percent of schools, as determined by the 
     state, within a given district in a single year, will have 
     similar options to those existing now except that the option 
     for ``any other major restructuring of the school's 
     governance'' is eliminated.
       Schools missing AYP due to one or more subgroups, but less 
     than 50 percent of the student population, will go through a 
     targeted attention program to address the problem areas. This 
     program will include identification of specific actions to 
     address the subgroups in need. SES and school transfers are 
     still offered as options for economically disadvantaged 
     students failing to make AYP.
       AYP calculations by states will have limits on student 
     thresholds, N-size no greater than 20-30, and statistical 
     confidence intervals, no greater than 95 percent confidence.
       States may develop modified academic achievement standards 
     and use alternate assessments based on those modified grade-
     level achievement standards for students with persistent 
     academic disabilities for up to 1 percent of students tested 
     (down from current regulations of 2 percent). School 
     districts showing strong evidence of a significantly larger 
     percentage of students than the national average with 
     disabilities within the district or an individual school, 
     perhaps due to a facility focusing on students with 
     disabilities, may apply to the state to use a higher 
     percentage. States may also use alternate assessments based 
     on alternate achievement standards for students with the most 
     significant cognitive disabilities for up to 1 percent of 
     students tested.
       Expand, from two to three years, the amount of time English 
     language learners may be included in AYP calculations after 
     they become proficient and exit the subgroup.
       Substantially increase funding for the School Improvement 
     Grants program while linking the federal distribution of 
     additional funds to the number of schools under improvement. 
     This provides incentives for a more accurate portrayal of 
     schools not meeting Adequate Yearly Progress as states with 
     more schools under improvement will receive a larger share.
     5. Enhancing learning
       There are various other ways to support enhancements to 
     student learning and achievement including making it easier 
     to access SES services and providing ways to better inform 
     and involve parents. Innovative approaches to education and 
     successful innovations by charters need to be provided for 
     use in schools. States and districts successful at meeting 
     AYP and at measuring teacher effectiveness should have 
     greater flexibility in transferring funds to the most 
     critical areas they have within No Child Left Behind.
       Components:
       Districts that permit other non-school-affiliated entities 
     to use school facilities will need to offer, with 
     limitations, space in schools for private providers of SES 
     services.
       Permit multi-district cooperatives for administering SES 
     programs and services.
       Authorize grants for an Adjunct Teacher Corps program to 
     bring math, science and critical foreign language 
     professionals into public secondary schools to work with 
     teachers and students. These adjunct teachers will provide 
     expertise and assistance to teachers during their first year 
     and in subsequent years will be held accountable under the 
     teacher effectiveness requirements.
       Given its importance to American competitiveness, science 
     assessments already required under No Child Left Behind will 
     be added to the accountability system with all students to be 
     proficient by the 2019-2020 school year. Successful models of 
     math and science partnerships expanded and replicated.
       Support increased peer-reviewed research and development on 
     innovative approaches to education and ways to improve 
     learning to allow states, districts, schools and students to 
     better meet the goals of No Child Left Behind.
       Strengthen parental involvement in and notification by 
     schools including having states designate an office or 
     position responsible for overseeing implementation of parent 
     involvement provisions. Parent Information and Resource 
     Centers will be integrated into increased parental 
     involvement plans.
       Amend the McKinney-Vento provisions to protect children in 
     transition, including both children who lack a fixed, 
     regular, and adequate nighttime residence, and children who 
     are in out of home care in the custody of the public child 
     welfare agency.

  Ms. LANDRIEU. Mr. President, today I rise to discuss the All Students 
Can Achieve Act that I am introducing today with Senators Lieberman and 
Coleman.
  I was proud to have been a part of developing the No Child Left 
Behind legislation 5 years ago, which made strides in holding schools 
accountable and drawing attention to the students who had fallen 
between the cracks. Senators Lieberman, Coleman, and I have come 
together to build upon the successes of No Child Left Behind, to 
improve it, and to help our Nation's schools take the next step to help 
all of our students to achieve and to succeed. Louisiana has made great 
progress in its standards and accountability, now ranking number one in 
the Nation. However, of the more than 650,000 students in Louisiana, 
many are not meeting academic achievement goals. We need to help all of 
our students meet and exceed achievement expectations.
  The All Students Can Achieve Act focuses on the achievements of all 
students. Recognizing that quality data systems are crucial to 
measuring the progress of student achievement, we have included a 
requirement to establish data systems and provided funding 
authorizations and incentives to support the development of such 
systems. In order to ensure that all students are achieving, states 
must create comprehensive data systems that track students' academic 
progress and other factors that affect their success.
  One of the most important factors in school and student achievement 
is teachers. The quality of teachers should be determined by their 
effect on students' learning, not just their qualifications. All 
students should have effective teachers. Thus, these data systems must 
link student achievement data to teachers, allowing states to measure 
teacher effectiveness. In addition, this bill requires the equitable 
distribution of effective teachers and non-federal funding.
  States should be held accountable for student achievement. However, 
students do not progress at the same pace. Louisiana has recognized 
this and has incorporated growth labels in its accountability system. 
Louisiana looks at the level of growth achieved by a school and each 
school's success in meeting its growth targets. The All Students Can 
Achieve Act allows states to use growth models in calculating adequate 
yearly progress. It allows states the flexibility to measure student 
academic growth, rather than strictly looking at test scores.
  We must have high expectations for all students. To ensure that all 
elementary though secondary school students, regardless of where they 
live, are prepared for success in college or the workplace, states must 
set high expectations for all students. Academic standards must be 
designed to prepare students to succeed and assessments must be 
effective tools to measure students' progress toward meeting these 
standards. In addition, we need to continue to properly measure the 
achievement of all students. Thus, this bill will close current 
loopholes in the law that allow states to avoid counting students or 
skew achievement data.
  The All Students Can Achieve Act aims to close the achievement gap. 
States need to focus resources on closing the achievement gap. This 
includes directing their attention to comprehensive interventions where 
more

[[Page 22885]]

than 50% of students are not making Adequate Yearly Progress (AYP) or 
focused interventions where less than 50% of students are not making 
AYP. The All Students Can Achieve Act increases the amount of funding 
authorized for these interventions and focuses support where the need 
is greatest.
  Another important measure of academic achievement is high school 
graduation rates, which should be tracked and reported for all groups 
of students. High school graduation rates are an important measure of 
academic achievement, but they must be calculated consistently and 
accurately. Like other assessments, these rates should be tracked and 
reported for all groups of students. Nearly 1.2 million students did 
not graduate from American high schools in 2006; the lost lifetime 
earnings in America for that class of dropouts alone totals more than 
$309 billion.
  The All Students Can Achieve Act also increases focus on and support 
for high need students. For example, we have also included foster 
children and youth. There are over 800,000 foster children and youth. 
They face many of the same challenges as homeless children and youth. 
They go through numerous changes in where they live and go to school. 
They lack stability and permanency. Thus, we have added them to the 
McKinney-Vento Act, in order to ensure that they do not fall through 
the cracks. We hope that by giving them access to the services and 
protections of McKinney-Vento, their schools will become a safe and 
permanent place in their lives.
  Public education is important to Senators Lieberman, Coleman, and me. 
We want our Nation's children to be prepared to compete and succeed 
once they graduate. We need to improve our schools and hold them 
accountable for the achievement of all students. Though there has been 
much discussion about No Child Left Behind Act, there has been little 
action toward the reauthorization of this law. We have heard from our 
constituents about the parts of NCLB that work and the parts that do 
not work for our students at home. Through a nationwide public process, 
the Aspen Institute has generated concrete, actionable recommendations 
that will improve schools for the Nation's children. We wanted to take 
this opportunity to help begin the process of improving this law. We 
have come together to take a bipartisan approach to improving the 
education of all students. We have pulled together the proposals that 
we think will best serve our students and improve public education in 
America. We want people to actively discuss our proposal. We hope that 
people will support what we have done or build upon it.
  Mr. COLEMAN. Mr. President, today I rise with my colleagues Senators 
Joe Lieberman and Mary Landrieu to introduce the All Students Can 
Achieve Act of 2007, ASCA, legislation aimed at improving the current 
No Child Left Behind law.
  As a parent and a legislator, improving our Nation's education system 
has been a top priority for me. Several years ago, we passed the No 
Child Left Behind Act to bring accountability to our Nation's learning 
system. While this bill was a step in the right direction, Minnesota's 
educators have voiced their concerns over an overly restrictive system 
that still leaves students behind. The All Students Can Achieve Act 
will change that by giving flexibility to each State and school without 
diminishing school accountability.
  One of the best features of our legislation is that it will allow 
States to measure individual student growth over time instead of 
relying on, and teaching for, one test administered on one day. 
Measuring a student's growth over time benefits both students and 
teachers because it recognizes that students have different starting 
points and acknowledges their individual progress. This approach will 
free teachers from the burden of teaching for one high-stakes test, 
while still giving parents the assurances they need that their children 
are learning in a high quality atmosphere. Minnesota has been trying 
for some time to move to this ``growth model'' of evaluation and our 
bill provides the funding to develop and implement the data systems our 
State would need to move to such a model.
  Our bill also addresses something I have been particularly focused 
on--ensuring that the next generation has the math, science and foreign 
language skills needed to be competitive in an increasingly globalized 
economy. As countries like China or India develop increasingly skilled 
workforces, we must ensure that American students do not fall behind in 
these critical and highly relevant fields. Our legislation adds a 
science assessment to the accountability system and gives States the 
option to bring in qualified science, math, and foreign language 
practitioners to assist teachers and students.
  Another concern I hear in Minnesota is that a school can be, in 
effect, penalized because a group of new immigrants does not test as 
well as long-time students. The All Students Can Achieve Act will 
replace the current all-or-nothing approach with a system that makes a 
distinction between schools that need comprehensive interventions, 
versus those that need more focused help. In other words, while current 
law groups all low performing schools together regardless of how many 
students miss adequate yearly progress, our legislation offers a more 
targeted approach, sending additional resources toward schools with 
pervasive problems, while allowing schools that just have one or more 
low performing subgroups to focus on closing the achievement gap with 
that particular group.
  A final aspect of our legislation is that it would change the way 
teachers are evaluated. Currently under No Child Left Behind, good 
teachers have to jump through a number of bureaucratic hoops to 
demonstrate on paper that they are ``qualified'' experts in the 
subjects they teach. I understand this has been a serious burden 
particularly in rural communities, where very good teachers provide 
instruction in more than one subject. I also know as a parent, that a 
teacher's resume may or may not reflect their actual abilities in the 
classroom. That is why our legislation provides States with new 
flexibility in the ways they rate and reward excellent teachers.
  At its core, No Child Left Behind is about closing the achievement 
gap. We still have a long way to go, recent data shows that still only 
13 percent of African American and 19 percent of Hispanic 4th graders 
scored at or above the proficient level on the National Assessment of 
Educational Progress mathematics test, compared to 47 percent of their 
white peers. By measuring teacher effectiveness, school quality, and 
student learning, our legislation will help reduce this unacceptable 
disparity in America today.
  Our bipartisan legislation is based on recommendations from a panel 
of experts, and has been endorsed by some leading educators. However, 
we know it is just the beginning of a conversation about how and where 
to add flexibility to the No Child Left Behind law. As we move forward, 
I welcome the advice of teachers, parents, and administrators on how 
best to help all students achieve.
                                 ______
                                 
      By Mr. HATCH (for himself, Mr. Salazar, Mr. Smith, and Mr. 
        Kerry):
  S. 2002. A bill to amend the Internal Revenue Code of 1986 to 
simplify certain provisions applicable to real estate investment 
trusts, and for other purposes; to the Committee on Finance.
  Mr. Hatch: Mr. President, I rise today to introduce the REIT 
Investment Diversification and Empowerment Act of 2007, legislation 
which would make several important revisions to the current tax law 
governing real estate investment trusts, or REITs. I am particularly 
pleased to be joined by my good friend, the distinguished senator from 
Colorado, Senator Salazar, in sponsoring this bipartisan legislation. I 
am also very happy that Senators Smith and Kerry are joining us as 
original cosponsors.
  The development of real estate investment trusts is among the true 
success stories of American business.

[[Page 22886]]

Moreover, REIT legislation enacted over the past 47 years presents a 
remarkable example of how Congress can create the legal framework to 
liberate entrepreneurs, small investors, and hard working men and women 
across the country to do what they do best--create wealth and, more 
importantly, build thriving communities.
  When REITs were first created in 1960, small investors had almost no 
role in commercial real estate ventures. At that time, private 
partnerships and other groups closed to ordinary investors directed 
real estate investments, typically using debt, not equity, to finance 
their ventures. That model not only served small investors poorly, it 
resulted in the misallocation of capital, and contributed to 
significant market volatility.
  Since that time, REITs have permitted small investors to participate 
in one of our country's greatest generators of wealth, income producing 
real estate, and REITs have greatly improved real estate markets by 
promoting transparency, liquidity, and stability. The growth in REITs 
has been particularly dramatic and beneficial in the past 15 years, as 
capital markets responded to a series of changes in the tax rules that 
modernized the original 1960 REIT legislation to adjust it to new 
realities of the marketplace.
  I am proud of my role in sponsoring legislation that included many of 
these changes that modernized the REIT rules, and I remain committed to 
making every effort to ensure that the people of Utah and across our 
Nation continue to benefit from a dynamic and innovative REIT sector.
  I have seen first hand what REITs have done for communities across my 
State. It is very much in Utah's interests, and in our country's 
interests, to make sure that REITs continue to work effectively and 
efficiently to carry out the mission which Congress intended.
  As my colleagues know, Utah is known as the ``Beehive State'', a 
testament to the hard work and industriousness of its residents. REITs 
have proven again and again to be a particularly effective means 
through which Utahns can utilize those attributes, and aggregate needed 
capital, to create the thriving real estate sector which is essential 
to our State's economic well being.
  Towards that end, I am pleased to report that REITs now account for 
well over a $1 billion of property in Utah alone, and afford an 
opportunity for many investors in my State to have an ownership stake 
in those properties in their communities. This is not an aberration. I 
believe that my colleagues will find a similarly impressive amount of 
REIT investment in their home States as well.
  I am also pleased to report, that, in an era when companies must 
compete successfully on a global scale, our Nation's REITs have grown 
to be leaders in international real estate markets, and our REIT laws 
are proving to be a model for other countries around the globe. In 
fact, much of the bill I am introducing today is necessitated by the 
growing international presence of our domestic REITs. The international 
expansion of real estate investment trusts is something that could not 
have been contemplated when the first REIT laws were enacted decades 
ago.
  The bill we are introducing today is based on S. 4030, which I 
introduced toward the end of the 109 Congress, and is very similar to 
H.R. 1147, which was introduced in the House this year. I note that 
H.R. 1147 enjoys the bipartisan sponsorship of more than two-thirds of 
the House Ways and Means Committee, and I hope that more of my 
colleagues on the Finance Committee will join us in supporting this 
bill.
  Further, I am grateful that the distinguished Chairman of the Finance 
Committee stated at our recent markup of the Senate energy tax package 
that he was aware of my efforts to pass REIT reform legislation this 
year, and that he and his staff ``will continue to work with Senator 
Grassley and you, Senator Hatch, to find a tax bill later this year in 
which to include this proposal.''
  I urge my colleagues to review this bill and lend their support to 
it. In a small but important way, it will help Americans to better 
invest for their savings and retirement. I hope we can move this 
straightforward, bipartisan legislation through as quickly as possible.
  I ask unanimous consent that a section-by-section description of the 
REIT Investment Diversification and Empowerment Act be included in the 
Record.
  There being no objection, the material was ordered to be placed in 
the Record, as follows:

      REIT Investment Diversification and Empowerment Act of 2007


                     Section-by-Section Description

       The REIT Investment Diversification and Empowerment Act of 
     2007 (RIDEA) includes the following provisions to help 
     modernize the tax rules governing Real Estate Investment 
     Trusts to permit REITs to better meet the challenges of 
     evolving market conditions and opportunities:
     Title I: Foreign currency and other qualified activities
       Title I addresses one specific issue and also equips the 
     IRS to handle similar interpretative matters in the future 
     without the need of legislation.
       As globalization has accelerated in the past decade, REITs, 
     as with other businesses, have followed their customers 
     abroad and have accessed new opportunities in Canada, Mexico, 
     Europe and Asia. The issue that Title I resolves is how 
     foreign currency gains a REIT earns should be treated under 
     the REIT income and asset tests. For example, if a REIT buys 
     a shopping center in England for a million pounds, operates 
     it for ten years and then sells it for a million pounds, that 
     sale produces no gain (assuming that capital expenditures 
     equal the tax depreciation accruing during that period). If 
     during that 10-year period the U.S. dollar has declined 
     compared to the English pound, U.S. tax law says that the 
     appreciation of the pounds when they are converted back to 
     dollars is a separate gain. Until recently, it wasn't clear 
     how that currency gain should be treated under the REIT tax 
     tests.
       In May, 2007, the IRS released Revenue Ruling 2007-33 and 
     Notice 2007-42 to clarify that in the overwhelming majority 
     of cases a REIT's foreign currency gains earned while 
     operating its real estate business qualify as ``good income'' 
     under the REIT rules. Title I essentially reaches the same 
     result on a more direct basis and also provides some 
     conforming changes in other parts of the REIT rules.
       Although the recent guidance was welcome, it took the IRS 
     about four years to issue it because of questions about the 
     extent of the government's regulatory authority in the area. 
     To prevent similar delays in the future, Title I clearly 
     provides the Secretary of the Treasury with the authority to 
     determine what items of income can be treated either as 
     ``good income'' or disregarded for purposes of the REIT 
     income tests. Under this authority, it is expected that, for 
     example, the IRS would conclude that dividend-like items such 
     as Subpart F deemed dividends and PFIC income would be 
     treated in the same manner as dividends for purposes of the 
     95 percent gross income test. Further, the IRS could convert 
     many of its rulings it issued to individual taxpayers into 
     public guidance, which could be a more efficient use of its 
     resources.
     Title II: Taxable REIT subsidiaries
       In 1999, Congress materially changed the REIT rules to 
     allow a REIT to own up to 20 percent of its assets in 
     securities of one or more taxable REIT subsidiaries. The 
     premise is straight-forward: a REIT should be able to engage 
     in activities outside of the scope of renting and financing 
     real estate as permitted by the REIT rules with a single 
     level of tax, but only if the subsidiary is subject to a 
     separate level of tax.
       These ``TRS'' rules have worked quite well. REITs have been 
     able to use their real estate expertise in a number of ways 
     not available under the REIT rules so long as they subjected 
     their profits from these activities to a corporate level of 
     tax, as well as the shareholder level of tax once those 
     profits are distributed to the REIT and its shareholders. 
     Further, the IRS study on TRSs mandated by the 1999 law shows 
     that TRSs formed after the bill was enacted are generating a 
     substantial and increasing amount of tax revenues.
       Since both the main asset and income tests are set at 75 
     percent, the dividing line normally used to demarcate between 
     REIT and non-REIT activities is 25 percent. RIDEA would 
     conform to this dividing line by increasing the limit on TRS 
     size from 20 percent to 25 percent of a REIT's assets, 
     thereby subjecting even more activities conducted by a REIT 
     to two levels of tax.
     Title III: Dealer sales
       Congress has always wanted REITs to invest in real estate 
     on behalf of their shareholders for the long term. Since the 
     late 1970s, the mechanism to carry out these purposes has 
     been a 100 percent excise tax on a REIT's gain from so-called 
     ``dealer sales''. Because the 100 percent tax is so severe, 
     Congress created a safe harbor under which a

[[Page 22887]]

     REIT can be certain that it is not acting as a dealer (and 
     therefore not subject to the excise tax) if it meets a series 
     of objective tests. This provision would update two of these 
     safe harbor requirements.
       The current safe harbor requires a REIT to own property for 
     at least four years. This is simply too long a time in 
     today's marketplace. Further, four years departs too much 
     from the most common time requirement for long-term 
     investment--the one-year holding period for an individual's 
     long-term capital gains. Accordingly, this provision uses a 
     more realistic two-year threshold.
       Another test under the dealer sales safe harbor restricts 
     the amount of real estate assets a REIT can sell in any 
     taxable year to 10 percent of its portfolio. Current law 
     measures the 10 percent level by reference to the REIT's tax 
     basis in its assets. H.R. 1147 instead would measure the 10 
     percent level by using fair market value. To allow a REIT to 
     maximize its sales under the safe harbor (and thereby 
     generating more economic activity), RIDEA would allow a REIT 
     to choose either method for any given year. Presumably, the 
     IRS would develop instructions on Form 1120-REIT allowing a 
     REIT to declare which method it selected when it files its 
     tax return for the year in which the sales occur.
     Title IV: Health care REITs
       In 1999, Congress allowed a REIT to rent lodging facilities 
     to its taxable REIT subsidiary (TRS) while treating the 
     rental payments from the TRS as income that qualifies under 
     the REIT income tests so long as the rents were in line with 
     rents from unrelated third parties. Simultaneously, it 
     required that the TRS use an independent contractor to manage 
     or operate the lodging facilities. These complex rules were 
     adopted because hotel management companies did not want to 
     assume the leasing risk inherent in lodging facilities but 
     rather wanted to be compensated purely for operating the 
     facilities.
       A similar situation has arisen with regard to health care 
     properties such as assisted living facilities. Operators that 
     now lease such facilities would rather have a REIT (through 
     its TRS) assume any leasing risk and instead be hired purely 
     to operate the facilities. Accordingly, this provision would 
     extend the exception made in 1999 for lodging facilities to 
     health care facilities. This change should make it easier for 
     health care facilities to be provided to senior citizens and 
     others in need of such services. As with the current rules 
     for lodging facilities, a TRS would continue to need an 
     independent contractor to manage or operate health care 
     facilities.
     Title V: Foreign REITs
       Since imitation is the sincerest form of flattery, Congress 
     should be proud that about 20 countries have enacted 
     legislation paralleling the U.S. REIT rules after observing 
     the benefits brought to the United States as a result of a 
     vibrant REIT market. Just this year, Germany, Italy and the 
     United Kingdom enacted REIT laws, and Canada codified its 
     long-standing trust rules to adopt U.S.-like REIT tests. 
     Although the tax code treats stock in a U.S. REIT as a real 
     estate asset, so that it is a qualified asset that generates 
     qualifying income, current law does not afford the same 
     treatment to the stock of non-U.S. REITs.
       Because of the many tests designed to focus a REIT on 
     commercial real estate, since the original 1960 REIT law a 
     stock interest in a U.S. REIT is treated as real estate when 
     owned by another U.S. REIT. This provision would extend this 
     treatment to a U.S. REIT's ownership in foreign REITs to the 
     extent that the Treasury Department concludes that the rules 
     or market requirements in another country are comparable to 
     the basic tenets defining a U.S. REIT.
                                 ______
                                 
      By Ms. COLLINS (for herself, Mr. Warner, and Mr. Voinovich):
  S. 2003. A bill to facilitate the part-time reemployment of 
annuitants, and for other purposes; to the Committee on Homeland 
Security and Governmental Affairs.
  Ms. COLLINS. Mr. President, I rise to introduce Senate Bill 2003, a 
measure that will enhance the Federal Government's ability to perform 
its duties capably and economically as it faces a wave of retirement of 
highly experienced Federal employees.
  When we think about the coming demographic shock of millions of baby 
boomers reaching retirement age, we usually focus on the cash-flow 
implications for the Social Security and Medicare programs. But their 
aging will also have a profound effect on the Federal workforce.
  On average, retirements from the Federal workforce have exceeded 
50,000 a year for a decade. The numbers will certainly rise in the near 
future. The Office of Personnel Management calculates that 60 percent 
of the current Federal workforce, whose civilian component approaches 3 
million people, will be eligible to retire during the coming 10 years.
  Federal agencies, which already must hire more than 250,000 new 
employees each year, will need to work hard to replace those retirees, 
as the private sector and State and local governments will be facing 
the same problem and competing for qualified replacements.
  The baby boom retirement wave will have another impact. It will cause 
a sudden acceleration in the loss of accumulated skills and mentoring 
capabilities that experienced workers uniquely possess.
  Human-resources research has repeatedly shown that, in general, older 
workers equal or outperform younger workers in organizational 
knowledge, ability to work independently, commitment, productivity, 
flexibility, and mentoring ability.
  Making good use of their talents is, therefore, not charity. It is 
common sense and sound management.
  Federal agencies recognize the value of older workers, as witnessed 
by the fact that nearly 4,500 retirees have been allowed to return to 
full-time work on a waiver basis.
  Agencies could make use of even more Federal annuitants for short-
term projects or part-time work, but for a disincentive embedded in 
current law.
  Title 5 of the United States Code currently mandates that annuitants 
who return to work for the Federal Government must have their salary 
reduced by the amount of their annuity during the period of 
reemployment. The bill I introduce today with the welcome cosponsorship 
of Senators Warner and Voinovich would provide a limited but vital 
measure of relief to agencies who could benefit from the skills and 
knowledge of Federal retirees. It provides a limited opportunity for 
Federal agencies to reemploy retirees without requiring them to take 
pay cuts based on their annuity payment.
  This simple but powerful reform is a priority item for the Federal 
Office of Personnel Management. As OPM Director Linda Springer has 
said, ``Modifying the rules to bring talented retirees back to the 
Government on a part-time basis without penalizing their annuity would 
allow Federal agencies to rehire recently retired employees to assist 
with short-term projects, fill critical skill gaps and train the next 
generation of Federal employees.''
  Organizations endorsing the reform contemplated in my bill include 
the National Active and Retired Federal Employees Association, the 
Federal Managers Association, the Partnership for Public Service, and 
the Council for Excellence in Government.
  I would note two important points about the bill.
  First, it will not materially affect the necessary flow of younger 
workers into Federal agencies. The bill contemplates reemployment for 
part-time or project work of not more than 520 hours in the first 6 
months following the start of annuity payments, not more than 1,040 
hours in any 12-month period, and not more than 6,240 hours total for 
the annuitant's lifetime. In terms of 8-hour days, those figures are 
equivalent to 65, 130, and 780 days, respectively.
  These limits will give agencies flexibility in assigning retirees to 
limited-time or limited-scope projects, including mentoring and 
collaboration, without evading or undermining the waiver requirement 
for substantial or full-time employment. of annuitants.
  I would also note that this bill gives no cause for concern about 
financial impact. Reemployed annuitants would be performing work that 
the agencies needed to do in any case, but would not require any 
additional contributions to pension or savings plans. Meanwhile, their 
retiree health and life insurance benefits would be costs unaffected by 
their part-time work. Even without making any allowance for the 
positive effects of their organizational knowledge, commitment, 
productivity, and mentoring potential, their reemployment is likely to 
produce net savings.
  This measure offers benefits for Federal agencies, for Federal 
retirees who would welcome the opportunity to perform part-time work, 
and for taxpayers. I urge my colleagues to support it.
                                 ______
                                 
      By Mrs. CLINTON (for herself, Mr. Sanders, and Mrs. Murray):

[[Page 22888]]

  S. 2005. A bill to amend the Public Health Service Act to provide 
education on the health consequences of exposure to secondhand smoke, 
and for other purposes; to the Committee on Health, Education, Labor, 
and Pensions.
  Mrs. CLINTON. Mr. President, today, I am introducing the Secondhand 
Smoke Education and Outreach Act of 2007 to provide information to the 
public about the health consequences of secondhand smoke and support 
tobacco cessation education.
  I want to thank Senators Sanders and Murray for cosponsoring the 
Secondhand Smoke Education and Outreach Act and recognize them as 
strong advocates for smoking cessation efforts.
  I believe that tobacco use constitutes one of the greatest threats to 
public health, a conclusion that was also expressed in the 2000 Supreme 
Court ruling, and I also believe that we have a duty to safeguard our 
Nation's health against tobacco products.
  Every year, an estimated 400,000 smokers die as a result of smoking-
related diseases. But nonsmokers also suffer and die from exposure to 
tobacco smoke.
  Last year, the Surgeon General issued the report, The Health 
Consequences of Involuntary Exposure to Tobacco Smoke, which found that 
there is no risk-free level of exposure to secondhand smoke. The 
Surgeon General reported that nearly half of all nonsmoking Americans 
are still regularly exposed to secondhand smoke, which contains more 
than 50 carcinogens.
  Living with a smoker increases a non-smoker's risk of developing lung 
cancer by 20 to 30 percent and, according to the California 
Environmental Protection Agency, exposure to secondhand smoke causes 
approximately 3,000 lung cancer deaths in the U.S. each year. 
Secondhand smoke also causes 46,000 cardiac deaths annually in our 
country.
  Studies have shown that exposure to secondhand smoke has both 
immediate and long-term adverse health consequences on the adult 
cardiovascular system. Exposure to secondhand smoke for 30 minutes can 
damage coronary arteries, while sustained exposure can increase the 
risk of coronary heart disease by 20 to 30 percent.
  Although more than 20 States have passed smoke-free laws, including 
laws that ban smoking in restaurants and bars, Americans of all age 
groups are involuntarily exposed to tobacco smoke through exposure in 
workplaces, homes, cars, apartments, and even outdoor public spaces. 
According to the National Cancer Institute, racial and ethnic 
minorities in the U.S. have higher rates of occupational exposure to 
secondhand smoke, with Latinos and Native Americans having the highest 
rates.
  Therefore, it is critical that individuals, especially youth, should 
not be exposed to secondhand smoke. Further, parents should have access 
to information about the adverse health consequences so that they can 
better protect their children and themselves from secondhand smoke.
  Education about the dangers of tobacco use and exposure to tobacco 
smoke is absolutely critical for combating the misleading messages that 
the tobacco industry propagates through savvy advertising campaigns.
  There is strong evidence that tobacco advertisements cynically target 
advertising to adult and adolescent women. According to an analysis 
published by the Journal of the American Medical Association in 1994 
and a 2001 report by the Surgeon General, the tobacco industry has 
targeted women with some form of this dangerous promotional strategy 
for almost a century, beginning in the 1920s. The latest example of 
this is chronicled in a recent New York Times editorial, entitled 
``Don't Fall for Hot Pink Camels'', which discusses R.J. Reynolds's $25 
million to $50 million investment in an advertising campaign behind the 
new female-friendly Camel No. 9.
  In addition to targeting women, tobacco advertisements are also 
designed to appeal to our youth. In the August 2006 racketeering suit 
brought by the Justice Department against the tobacco industry, Judge 
Kessler's Final Opinion concluded that: ``. . . Defendants continue to 
engage in many practices which target youth, and deny that they do so. 
Despite the provisions of the MSA, Defendants continue to track youth 
behavior and preferences and market to youth using imagery which 
appeals to the needs and desires of adolescents.'' This is an 
unconscionable, but effective, practice. A study published this year in 
the Archives of Pediatrics and Adolescent Medicine concluded that youth 
are more likely to start smoking if exposed to retail cigarette 
advertising and that cigarette promotions also increase the probability 
of youth becoming regular smokers.
  Finally, racial and ethnic minority communities are 
disproportionately targeted with advertising campaigns for tobacco 
products, according to the U.S. Department of Health and Human 
Services. The tobacco industry has contributed to primary and secondary 
schools, funded universities and colleges, and supported scholarship 
programs targeting racial and ethnic minorities. Tobacco companies have 
also placed advertising in community publications and sponsored 
cultural events in racial and ethnic minority communities.
  Despite the public's growing understanding of the health dangers 
posed by tobacco, too many still succumb to the lure of these deadly 
products. According to the Centers for Disease Control and Prevention, 
over 20 percent of adults currently smoke cigarettes in the U.S. Among 
racial and ethnic communities, approximately 16 percent of Hispanic 
adults, 13 percent of Asian American adults, 22 percent of Caucasians 
adults, 22 percent of African American adults, and 32 percent of 
American Indians and Alaska Natives currently smoke cigarettes.
  As for our Nation's youth, a 2005 National Survey on Drug Use and 
Health reported that nearly 3 million Americans under the age of 18 
currently smoke cigarettes. According to the CDC, unless current rates 
of youth smoking are reversed, more than 6.3 million children under the 
age of 18 will die from smoking-related diseases.
  That is why health care professionals should have the opportunity to 
receive training in the delivery of evidence-based tobacco dependence 
and prevention treatment in order to assist smokers in overcoming their 
addiction and educating all patients about the harm of secondhand 
smoke.
  That is why I, along with Senators Sanders and Murray, am introducing 
the Secondhand Smoke Education and Outreach Act. I am grateful to have 
developed this proposal with the American Lung Association, the 
American Cancer Society, the American Heart Association, and the 
Campaign for Tobacco Free Kids.
  This bill, through education and outreach, will help reverse the 
public's underestimation of the harm that secondhand smoke can wreck on 
one's health and will promote smoking cessation efforts across our 
nation.
  This new legislation would establish grants and demonstration 
projects, awarded by the Secretary of HHS in consultation with the 
SAMHSA administrator, for educating the public about the health 
consequences of secondhand smoke in multi-unit dwellings and in public 
spaces, such as public parks, playgrounds, and national parks. Special 
consideration would be given to awarding grants to organizations whose 
participation includes secondary school or college-age individuals, and 
to organizations that reach racial or ethnic populations that 
experience a disproportionate share of the cancer burden.
  The Secondhand Smoke Education and Outreach Act would also authorize 
and fund grants for regional or local tobacco cessation education and 
counseling for health care workers and providers. The training 
curricula would assist smokers in quitting through smoking cessation 
counseling, educate smokers and nonsmokers about the health 
consequences of secondhand smoke, and help promote self-sustaining 
networks for the delivery of affordable, accessible, and effective 
cessation services.
  The U.S. spends more on health care than any other industrialized 
nation

[[Page 22889]]

and yet we struggle to provide adequate health care for all our 
citizens. We literally cannot afford the myriad of health problems that 
we know result from tobacco use: bladder, esophageal, laryngeal, lung, 
oral, and throat cancers, chronic lung diseases, coronary heart and 
cardiovascular diseases, as well as reproductive effects and sudden 
infant death syndrome.
  The Secondhand Smoke Education and Outreach Act is an important step 
in ensuring that our nation's communities have the knowledge they need 
to keep themselves and their environments healthy, and I look forward 
to working with my colleagues to enact this legislation during the 
upcoming reauthorization of the Substance Abuse and Mental Health 
Services Administration at the Department of Health and Human Services.
  I ask unanimous consent that letters of support be printed in the 
Record.
  There being no objection, the material was ordered to be placed in 
the Record, as follows:

                                       American Heart Association,


                                  American Stroke Association,

                                                   August 2, 2007.
     Hon. Hillary Rodham Clinton,
     Russell Senate Building,
     Washington, DC.
       Dear Senator Clinton: The American Heart Association, on 
     behalf of our more than 22 million volunteers and supporters, 
     strongly endorses the Secondhand Smoke Education and Outreach 
     Act of 2007. If enacted, this legislation would provide 
     Federal funds to educate the public about the health 
     consequences of secondhand smoke and create tobacco cessation 
     education and counseling programs.
       Secondhand smoke causes death and disease in children and 
     adults who do not choose to smoke. The 2006 Surgeon General's 
     Report The Health Consequences of Involuntary Exposure to 
     Tobacco Smoke found that there is no safe level of secondhand 
     smoke. Secondhand smoke has immediate adverse effects on the 
     cardiovascular system, increasing the risk of coronary heart 
     disease by 25 to 30 percent. An estimated 35,052 nonsmokers 
     die each year as a result of exposure to environmental 
     tobacco smoke.
       Secondhand smoke has a particularly adverse effect on 
     children's health. An estimated 150,000-300,000 children 
     younger than 18 months of age have respiratory tract 
     infections due to exposure to secondhand smoke. The 
     educational campaigns and demonstration projects about the 
     health effects of secondhand smoke in multi-unit housing and 
     public spaces that would be funded by the Secondhand Smoke 
     Education and Outreach Act of 2007 would give particular 
     emphasis to programs that would include secondary school and 
     college-age individuals.
       We applaud you for your leadership and look forward to 
     working with you to advance this vitally important 
     legislation.
           Sincerely,
                                                    Sue A. Nelson,
     Vice President, Federal Advocacy.
                                  ____

                                   Campaign for Tobacco-Free Kids,
                                   Washington, DC, August 2, 2007.
     Hon. Hillary R. Clinton,
     U.S. Senate,
     Washington, DC.
       Dear Senator Clinton: The Campaign for Tobacco Free Kids 
     strongly supports your legislation, ``Secondhand Smoke 
     Education and Outreach Act.'' As stated by former Surgeon 
     General Richard Carmona, ``The debate is over. The science is 
     clear. Secondhand smoke is not a mere annoyance but a serious 
     health hazard.'' This legislation will provide timely and 
     accessible educational programs concerning secondhand smoke 
     along with funds to train health professionals to help more 
     Americans quit smoking.
       The ``Secondhand Smoke Education and Outreach Act'' will 
     fund much needed educational campaigns about the dangers of 
     secondhand smoke in the workplace and in multi-unit housing. 
     These campaigns will promote greater awareness on the health 
     consequences of smoking and secondhand smoke and will 
     encourage more communities to go smokefree.
       The mission of the Campaign for Tobacco Free Kids is to 
     reduce the harm associated with smoking and exposure to 
     tobacco smoke, preventing children from using tobacco, and 
     helping adults to end their tobacco use. Your initiative will 
     help further these goals by promoting awareness of the harms 
     of secondhand smoke and ways to prevent exposure to it and by 
     supporting people's efforts to quit smoking and improve their 
     quality of life.
       This initiative is consistent with your demonstrated 
     commitment to helping protect our nation's children from the 
     harms associated with tobacco use. Your support of re-
     authorization of the State Children's Health Insurance 
     Program which is funded by an increase in the excise tax on 
     all tobacco products (a proven measure to deter kids from 
     smoking) and your recent vote in the Senate Health Education 
     Labor and Pensions Committee to give the Food and Drug 
     Administration the authority to regulate tobacco products and 
     advertising clearly demonstrates your strong support for 
     reducing the harms of tobacco in this country.
       The Campaign for Tobacco Free Kids applauds your leadership 
     on tobacco prevention efforts and we look forward to working 
     with you to move your Secondhand Smoke Education and Outreach 
     Act forward.
           Sincerely,
                                                  William V. Corr,
     Executive Director.
                                  ____

                                          American Cancer Society,


                                        Cancer Action Network,

                                   Washington, DC, August 1, 2007.
     Hon. Hillary Clinton,
     U. S. Senate,
     Washington, DC.
       Dear Senator Clinton: The American Cancer Society Cancer 
     Action NetworkSM (ACS CAN) is pleased to endorse the 
     Secondhand Smoke Education and Outreach Act of 2007. This 
     legislation would make federal funds available for public 
     education campaigns on the dangers of secondhand smoke and 
     the consequences of secondhand smoke in public spaces, as 
     well as fund grants for tobacco cessation education and 
     counseling.
       There are devastating health consequences directly 
     attributable to secondhand smoke: Secondhand smoke causes 
     between 35,000 and 40,000 deaths from heart disease every 
     year; 3,000 otherwise healthy nonsmokers will die of lung 
     cancer annually because of their exposure to secondhand 
     smoke; The total annual costs of secondhand smoke exposure 
     are estimated to be at least $5 billion in direct medical 
     costs and at least $5 billion in indirect costs.
       The 2006 Surgeon General's Report on The Health 
     Consequences of Involuntary Exposure to Tobacco Smoke 
     documents that: There is no risk-free level of exposure to 
     secondhand smoke; Children exposed to secondhand smoke are at 
     an increased risk for sudden infant death syndrome (SIDS), 
     low birthweights, acute respiratory infections, ear problems 
     and more severe asthma; Parents who smoke cause respiratory 
     symptoms and slow lung growth in their children; Exposure to 
     secondhand smoke leads to an increased risk for lung cancer 
     and cardiovascular disease and death; Nonsmokers living with 
     a smoker have a 20 to 30 percent increased risk of lung 
     cancer and a 25 to 30 percent increased risk for coronary 
     heart disease.
       We look forward to working with you to secure passage of 
     this important legislation by the 110th Congress.
           Sincerely,
     Daniel E. Smith,
       President.
     Wendy K. Selig,
       Vice President, Legislative Affairs.
                                  ____

                                                   August 1, 2007.
     Hon. Hillary R. Clinton,
     U.S. Senate,
     Washington, DC.
       Dear Senator Clinton: The American Lung Association 
     strongly supports your Secondhand Smoke Education and 
     Outreach Act. Despite the irrefutable scientific evidence 
     that secondhand smoke kills, people of every age are exposed 
     to tobacco smoke in the workplace, at home and in other 
     public spaces. This legislation will provide accessible 
     educational programs concerning secondhand smoke and smoking 
     cessation in order to effectively reduce secondhand smoke 
     exposure and promote lung health among Americans.
       In June of 2006, the U.S. Surgeon General issued The Health 
     Consequences of Involuntary Exposure to Tobacco Smoke, which 
     concluded that there is no risk-free level of exposure to 
     secondhand smoke. Even short exposure to secondhand smoke can 
     decrease coronary flow and increase the risk of a heart 
     attack in adults; additionally, in children, the risk of 
     developing acute respiratory infections or asthma is 
     elevated. However, despite this conclusive scientific 
     evidence, more education is needed to communicate the dangers 
     of secondhand smoke.
       The Secondhand Smoke Education and Outreach Act will fund 
     much needed educational campaigns about the dangers of 
     secondhand smoke in the workplace and in multi-unit housing. 
     These campaigns will promote awareness on the health 
     consequences of smoking and secondhand smoke and promote lung 
     health among the public. The legislation will also authorize 
     grants to health care workers and providers for tobacco 
     cessation education.
       The mission of the American Lung Association is to prevent 
     lung disease and promote lung health. The Secondhand Smoke 
     Education and Outreach Act will do both by promoting 
     secondhand smoke awareness and supporting people's efforts to 
     quit smoking and enhance their lives.
       The American Lung Association looks forward to working with 
     you to see the Secondhand Smoke Education and Outreach Act 
     enacted into law.
           Sincerely,
                                             Bernadette A. Toomey,
                                                President and CEO.

[[Page 22890]]

     
                                  ____
                                         The City of White Plains,


                                                 Youth Bureau,

                            White Plains, New York, July 31, 2007.
     Senator Hillary Rodham Clinton,
     Russell Building Suite 476, U.S. Senate, Washington, DC.
     Re: Second hand Smoke Education
       Dear Senator Clinton: The White Plains Youth Bureau is 
     writing this letter in support of the Bill you are 
     introducing to amend the Public Health Service Act to provide 
     education on the health consequences of exposure to second 
     hand smoke, and for other purposes.
       Studies conducted by various health organizations, as well 
     as the Surgeon General have documented that there are more 
     than 60 million young children still being involuntarily 
     exposed to second hand smoke. Although the passage of laws 
     such as the Clean Indoor Air Act, and other laws passed by 
     individual states, have made significant reductions to 
     smoking rates, involuntary exposure to second hand smoke 
     continues to effect the health of our most vulnerable 
     population--our children. Exposure to second hand smoke in 
     outdoor public spaces as well as in multi unit housing 
     complexes continues to be a significant health risk factor.
       This bi1l is designed to address these very problems by 
     providing support for increased education about the dangers 
     of second hand smoke exposure. Research has proven that 
     continuous education does make a difference. Additionally, 
     the support for increased training of health professionals 
     will help educate parents and other adults about the need to 
     protect vulnerable segment of our population from involuntary 
     exposure to second hand smoke.
       We commend you and your staff for taking the initiative in 
     putting together this important Bill that will definitely 
     help to improve the health outcomes for many of our young 
     people as well as continue the battle against the 
     unscrupulous practices of the tobacco industry.
           Sincerely Yours,
                                                     Linda Puoplo,
                                                  Deputy Director.
                                 ______
                                 
      By Ms. LANDRIEU:
  S. 2008. A bill to reform the single family housing loan guarantee 
program under the Housing Act of 1949; to the Committee on Banking, 
Housing, and Urban Affairs.
  Ms. LANDRIEU. Mr. President, I rise today to introduce the Home 
Ownership Made Easier Act, or the HOME Act. This bill will revitalize 
our Nation's rural communities by making it easier to become a 
homeowner and to provide opportunities to refinance high interest and 
subprime loans.
  Our country has provided many excellent opportunities over the years 
to individuals living in rural areas to become a homeowner. One of 
these programs is what is commonly referred to as the 502 program 
administered by the U.S. Department of Agriculture. This program 
administers guaranteed loans to low-income families that are backed by 
the U.S. Government. Families must be able to show that they are 
without adequate housing and not exceed certain income limits. 
Currently, these loans last 30 years and do not require a down payment, 
however the applicant must be able to afford mortgage payments, 
including taxes, and insurance.
  I applaud the success of the 502 program. In Louisiana alone, the 
program has already administered 1,212 loans for 2007 and nationwide, 
the program has administered 27,643 loans. While the program does cost 
the taxpayer approximately $42 million a year, it administers over $3 
billion in loans a year. Let me repeat that again, for $42 million a 
year, our Government is able to provide $3 billion in loans a year to 
low-income families to become homeowners. The risk extremely low. In 
2006, the 502 program has a foreclosure rate of 1.36 percent. Again, I 
applaud the success of our Government to provide this much-needed help 
to rural Americans.
  Some might ask why should the Federal Government help low-income 
families become homeowners? The answer is simple. Homeownership 
provides financial advantages to owners and to their communities. 
Individuals who own homes have an investment, of those that own homes, 
on average, one-half of the equity in their homes is one-half of their 
net worth. Homeowners enjoy tax benefits and they also enjoy financial 
stability if they are locked into a permanent interest rate. 
Communities also benefit, those that have a high percentage of 
homeownership see increased involvement with the community and with the 
local schools.
  Also, maybe most importantly, homeownership by low-income households 
is linked to a child's educational advancement and future success.
  My HOME Act will build upon the success of the 502 program and update 
the program to reflect current conditions. In some instances, this law 
hasn't been updated in nearly 30 years.
  The HOME Act will do five things. First, it will increase the 
qualifying income limits for families and set out a three-tiered level 
of income standard instead of the current eight tiered standard. The 
first tier will be for families that have one to four individuals, the 
second tier is established for families of 5 to 8 persons and the third 
tier is for families larger than eight.
  The second change will affect the qualifying population limit. 
Currently, the population limit is tied to communities of 10,000 or 
less in an areas contained within a standard metropolitan statistical 
area, MSA, and communities less than 20,000 if they are not contained 
within a MSA. My HOME Act will expand the qualifying population limit 
to encompass rural communities of 40,000 or less.
  HOME Act legislation will maintain the guaranteed fee that an 
applicant is required to pay at 2 percent, instead of raising the fee 
to 3 percent. This is to keep costs low for the borrower. It will also 
reduce the redtape involved by allowing an applicant that qualifies for 
a 502 loan to receive that loan regardless of whether or not the 
applicant can qualify for another Federal Government housing loan.
  Finally, my bill will provide opportunities for individuals inside 
and outside the 502 program to refinance their loans. These 
opportunities include refinancing to pay for a first or second purchase 
mortgage, for repairs to structural deficiencies, to pay for closing 
costs, and allow a borrower to consolidate debts up to the greater of 
$10,000 or 10 percent.
  The 502 program is an excellent program that has helped many 
individuals and families afford to purchase a clean, affordable home 
that increases their quality of life. I want to expand this program and 
allow more opportunities for low-income rural Americans to become 
homeowners. This is a good bill and I look forward to working with my 
colleagues to make this bill a reality.
                                 ______
                                 
      By Mr. BROWN (for himself and Mr. Voinovich):
  S. 2013. A bill to initially apply the required use of tamper-
resistant prescription pads under the Medicaid Program to schedule II 
narcotic drugs and to delay the application of the requirement to other 
prescription drugs for 18 months; to the Committee on Finance.
  Mr. BROWN. Mr. President, I am introducing legislation today that 
would delay for 18 months the requirement that doctors write Medicaid 
prescriptions on tamper-resistant paper. I am pleased that my colleague 
and friend, Mr. Voinovich, has agreed to cosponsor this important bill.
  Let me place the bill in context. The Iraq supplemental signed into 
law 2 months ago requires all Medicaid prescriptions to be written on 
tamper-resistant paper effective October 1, 2007.
  It is important to understand what tamper-resistant prescribing does 
and does not do.
  First, what it does not do.
  Tamper-resistant prescribing does not help prevent medication errors, 
which occur when a provider writes the wrong prescription, a pharmacist 
dispenses the wrong medicine, or a patient takes the wrong dose of a 
medicine.
  Tamper-resistant prescribing does, however, help prevent fraud.
  Tamper-resistant paper is intended to prevent the fraudulent 
modification of prescriptions, particularly prescriptions for opiates 
and other narcotics.
  It is a worthy goal, and one we should pursue.
  But the October 1, 2007, implementation date simply isn't realistic.
  More time is needed to inform physicians and pharmacists about these 
new requirements and make sure that physicians across America have 
tamper-resistant pads in their offices.
  If we don't delay the requirement, come October 1 pharmacists 
throughout our Nation will face an impossible situation.

[[Page 22891]]

  The pharmacist can turn the beneficiary away since they are not going 
to be paid if they seek payment for a Medicaid prescription that is not 
written on tamper proof paper. Or they can go ahead and fill it and 
hope they don't get sued.
  And what about the Medicaid beneficiary who needs to fill a 
prescription? What about the financial integrity of Medicaid itself?
  Let us say a Medicaid beneficiary needs insulin.
  How much work does she miss and what is the additional cost to 
Medicaid if, in order to fill her prescription, this beneficiary must: 
1. go to her doctor for a prescription; 2. go to her local pharmacy, 
which is forced to turn her away; 3. go to the emergency room in the 
hopes she can get a temporary supply; 4. go back to her doctor for a 
tamper-resistant prescription; and 5. go back to her pharmacy for her 
medicine?
  If you give the health care sector enough time to prepare for the 
tamper-proof requirement, that requirement will improve the public 
health and reduce Medicaid costs.
  Implemented prematurely, and the equation flips, Medicaid wastes 
dollars on needless doctor and hospital visits, and Medicaid 
beneficiaries suffer the consequences of unfilled prescriptions.
  Providing more time to ensure smooth implementation of the tamper-
resistant prescribing requirement is the smart thing to do and the 
right thing to do. It is the right thing to do for Medicaid 
beneficiaries, for community pharmacies, and for U.S. taxpayers.
  On behalf of all of these constituencies, we should send this 
legislation to the President's desk as soon as possible.
                                 ______
                                 
      By Mr. STEVENS (for himself, Mr. Inouye, Ms. Cantwell, Ms. Snowe, 
        Ms. Murkowski, Mr. Sununu, Mr. Cochran, Mr. Kerry, Ms. Collins, 
        Mrs. Murray, and Mrs. Boxer):
  S.J. Res. 17. A joint resolution directing the United States to 
initiate international discussions and take necessary steps with other 
Nations to negotiate an agreement for managing migratory and 
transboundary fish stocks in the Arctic Ocean; to the Committee on 
Foreign Relations.
  Mr. STEVENS. Mr. President, I am pleased to introduce a Senate joint 
resolution directing the United States to initiate efforts with other 
Nations to negotiate international agreements for managing migratory 
and transboundary fish stocks in the Arctic Ocean. As we have seen in 
far too many cases around the world, fish stocks can easily become 
depleted when the international community fails to develop effective, 
science based agreements for conserving and managing shared fish 
stocks. The goal of this resolution is to ensure that we do not repeat 
that same mistake with any commercial fisheries that develop in the 
Arctic Ocean.
  In many ways, the Arctic Ocean is the final frontier into which the 
world's commercial fisheries may expand. Currently, industrial fishing 
in this ocean has been limited by the distribution of fish habitat and 
the short duration of favorable fishing conditions, but that may change 
in the coming years. Scientific evidence suggests that as the world's 
climate changes, ocean temperature regimes may shift and cause many 
fish stocks to colonize new habitats in the Arctic Ocean.
  Similarly, fishing vessels may gain greater access to previously 
inhospitable areas of the Arctic.
  Taken together, these potential shifts may create favorable 
conditions for expanding commercial fisheries in the United States, 
Russia, Canada, Norway, Denmark, and other nations that have access to 
the remote arctic waters.
  Having seen the fish stock declines that come when multiple nations 
target the same stocks without effective coordinated management, it is 
vital that these nations work together to prevent this outcome.
  Given the benefit of foresight and our ability to anticipate the need 
for international fisheries management systems in the Arctic, we must 
now begin the process of creating such a system before commercial 
fisheries become firmly established there.
  The North Pacific Regional Fisheries Management Council, the body 
that manages U.S. fisheries in the North Pacific, recognizes the need 
to develop an effective management plan for Arctic Ocean fishing before 
significant fishing activity occurs. In June 2007, the council approved 
a proposal to close all Federal waters in the Arctic Ocean to fishing 
until they develop and implement a fisheries management plan. This 
action should serve as a signal to the rest of the United States and to 
all nations interested in Arctic Ocean fishing that sound conservation 
and management plans should be our top priority before moving forward 
to develop commercial fisheries there.
  This Senate joint resolution builds upon the efforts of the North 
Pacific Regional Fisheries Management Council and takes it a step 
further by calling on the United States to lead international efforts 
to develop international fisheries management agreements for the Arctic 
Ocean. Such agreements should promote management systems for member 
nations that emphasize science-based limits on harvests, timely and 
accurate reporting of catch-and-trade data, equitable allocation and 
access systems, and effective monitoring and enforcement. These 
fisheries management principles are consistent with the Magnuson-
Stevens Fishery Conservation and Management Amendments Act that was 
enacted last January and the United Nations Fish Stocks Agreement. Such 
principles are vital for preventing proliferation of illegal, 
unreported, and unregulated--what we call IUU--fishing which 
unfortunately continues to plague and undermine other international 
fisheries.
  This resolution contains other important provisions as well. While 
negotiating any agreements for the arctic fisheries, the United States 
should consult with the North Pacific Regional Fishery Management 
Council and Alaska Native subsistence communities in the Arctic. And, 
of course, consistent with the President's October 2006 Memorandum on 
Promoting Sustainable Fisheries and Ending Destructive Fishing 
Practices, this resolution calls on the United States to support 
international efforts to halt the expansion of commercial fisheries on 
the high seas of the Arctic Ocean until effective international 
agreements are enforced.
  On behalf of Alaska's subsistence and commercial fishing communities 
and the organizations that work to sustain our fisheries, I thank the 
many cosponsors of this resolution for sharing our great concern for 
sound fisheries management.
  Mr. President, I ask unanimous consent that the bill be printed in 
the Record.
  There being no objection, the text of the bill was ordered to be 
placed in the Record, as follows:

                            S. Joint Res. 17

       Whereas the decline of several commercially valuable fish 
     stocks throughout the world's oceans highlights the need for 
     fishing nations to conserve fish stocks and develop 
     management systems that promote fisheries sustainability;
       Whereas fish stocks are migratory throughout their 
     habitats, and changing ocean conditions can restructure 
     marine habitats and redistribute the species dependent on 
     those habitats;
       Whereas changing global climate regimes may increase ocean 
     water temperature, creating suitable new habitats in areas 
     previously too cold to support certain fish stocks, such as 
     the Arctic Ocean;
       Whereas habitat expansion and migration of fish stocks into 
     the Arctic Ocean and the potential for vessel docking and 
     navigation in the Arctic Ocean could create conditions 
     favorable for establishing and expanding commercial fisheries 
     in the future;
       Whereas commercial fishing has occurred in several regions 
     of the Arctic Ocean, including the Barents Sea, Kara Sea, 
     Beaufort Sea, Chukchi Sea, and Greenland Sea, although 
     fisheries scientists have only limited data on current and 
     projected future fish stock abundance and distribution 
     patterns throughout the Arctic Ocean;
       Whereas remote indigenous communities in all nations that 
     border the Arctic Ocean engage in limited, small scale 
     subsistence fishing and must maintain access to and 
     sustainability of this fishing in order to survive;
       Whereas many of these communities depend on a variety of 
     other marine life for social, cultural and subsistence 
     purposes, including marine mammals and seabirds that

[[Page 22892]]

     may be adversely affected by climate change, and emerging 
     fisheries in the Arctic should take into account the social, 
     economic, cultural and subsistence needs of these small 
     coastal communities;
       Whereas managing for fisheries sustainability requires that 
     all commercial fishing be conducted in accordance with 
     science-based limits on harvest, timely and accurate 
     reporting of catch data, equitable allocation and access 
     systems, and effective monitoring and enforcement systems;
       Whereas migratory fish stocks traverse international 
     boundaries between the exclusive economic zones of fishing 
     nations and the high seas, and ensuring sustainability of 
     fisheries targeting these stocks requires management systems 
     based on international coordination and cooperation;
       Whereas international fishing treaties and agreements 
     provide a framework for establishing rules to guide 
     sustainable fishing activities among those nations that are 
     parties to the agreement, and regional fisheries management 
     organizations provide international fora for implementing 
     these agreements and facilitating international cooperation 
     and collaboration;
       Whereas under its authorities in the Magnuson-Stevens 
     Fishery Conservation and Management Act, the North Pacific 
     Fishery Management Council has proposed that the United 
     States close all Federal waters in the Chukchi and Beaufort 
     Seas to commercial fishing until a fisheries management plan 
     is fully developed; and
       Whereas future commercial fishing and fisheries management 
     activities in the Arctic Ocean should be developed through a 
     coordinated international framework, as provided by 
     international treaties or regional fisheries management 
     organizations, and this framework should be implemented 
     before significant commercial fishing activity expands to the 
     high seas: Now, therefore, be it
       Resolved, by the Senate and the House of Representatives in 
     Congress assembled That--
       (1) the United States should initiate international 
     discussions and take necessary steps with other Arctic 
     nations to negotiate an agreement or agreements for managing 
     migratory, transboundary, and straddling fish stocks in the 
     Arctic Ocean and establishing a new international fisheries 
     management organization or organizations for the region;
       (2) the agreement or agreements negotiated pursuant to 
     paragraph (1) should conform to the requirements of the 
     United Nations Fish Stocks Agreement and contain mechanisms, 
     inter alia, for establishing catch and bycatch limits, 
     harvest allocations, observers, monitoring, data collection 
     and reporting, enforcement, and other elements necessary for 
     sustaining future Arctic fish stocks;
       (3) as international fisheries agreements are negotiated 
     and implemented, the United States should consult with the 
     North Pacific Regional Fishery Management Council and Alaska 
     Native subsistence communities of the Arctic; and
       (4) until the agreement or agreements negotiated pursuant 
     to paragraph (1) come into force and measures consistent with 
     the United Nations Fish Stocks Agreement are in effect, the 
     United States should support international efforts to halt 
     the expansion of commercial fishing activities in the high 
     seas of the Arctic Ocean.

     

                          ____________________