To support high-achieving, educationally disadvantaged elementary school students in high-need local educational agencies, and for other purposes.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Equity in Excellence Act of 2010''.

SEC. 2. EQUITY IN EXCELLENCE GRANTS.

    (a) In General.--Title I of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 6301 et seq.) is amended--
            (1) by redesignating part I as part J; and
            (2) by inserting after section 1830 the following:

                 ``PART I--EQUITY IN EXCELLENCE GRANTS

``SEC. 1841. PURPOSE.

    ``The purpose of this part is to support high-need local 
educational agencies to develop programs that ensure that the rate of 
growth in academic achievement of high-achieving, educationally 
disadvantaged students in grades 1 through 4 who are served by the 
high-need local educational agencies is comparable to that of such 
students' more advantaged, high-achieving peers.

``SEC. 1842. DEFINITIONS.

    ``In this part:
            ``(1) Cohort.--The term `cohort' means a group of high-
        achieving students in any of grades 1 through 4 who attend 
        schools served by the same local educational agency.
            ``(2) Educationally disadvantaged student.--The term 
        `educationally disadvantaged student' means a student who is 
        from a low-income family, as determined by the measure of 
        poverty used for the purposes of section 1113(a)(5) by the 
        local educational agency serving the student.
            ``(3) Eligible entity.--The term `eligible entity' means--
                    ``(A) a high-need local educational agency;
                    ``(B) a consortium of local educational agencies 
                that includes a high-need local educational agency; or
                    ``(C) an eligible partnership.
            ``(4) Eligible partnership.--The term `eligible 
        partnership' means a partnership consisting of--
                    ``(A) not less than 1 eligible high-need local 
                educational agency; and
                    ``(B) not less than 1 institution of higher 
                education, or nonprofit organization, with significant 
                expertise in educating students with gifts and talents.
            ``(5) High-achieving.--The term `high-achieving', when used 
        with respect to a student, means a student who--
                    ``(A) based on a valid and reliable assessment 
                administered upon the student's entry into grade 1, is 
                performing academically in the top 10 percent of the 
                students entering grade 1 at the school, for any 
                subgroup described in section 1111(b)(2)(C)(v)(II) that 
                includes the student; or
                    ``(B) is identified by the local educational agency 
                or elementary school for gifted education services 
                through teacher or family referrals.
            ``(6) High-need local educational agency.--The term `high-
        need local educational agency' means a local educational agency 
        that meets the requirements of section 2102(3)(A).

``SEC. 1843. EQUITY IN EXCELLENCE GRANTS.

    ``(a) Program Authorized.--
            ``(1) In general.--From amounts appropriated to carry out 
        this part and not reserved under section 1845(b)(2), the 
        Secretary is authorized to award demonstration grants, on a 
        competitive basis, to eligible entities to enable the eligible 
        entities to develop targeted interventions and academic 
        services to ensure that, among the students served by high-need 
        local educational agencies, the rate of growth in academic 
        achievement of the cohort of high-achieving, educationally 
        disadvantaged students is comparable to the cohort of such 
        students' more advantaged, high-achieving peers.
            ``(2) Duration.--A grant awarded under this part shall be 
        for a period of not more than 3 years and may be extended by 
        the Secretary for an additional 2 years, in accordance with 
        section 1845(a)(2).
    ``(b) Application.--An eligible entity desiring a grant under this 
part shall submit an application to the Secretary at such time, in such 
manner, and containing such information as the Secretary may require.

``SEC. 1844. AUTHORIZED USE OF FUNDS.

    ``An eligible entity receiving a grant under this part shall use 
grant funds to carry out, for the cohorts of high-achieving students 
served by the high-need local educational agency participating in the 
eligible entity, all of the following activities:
            ``(1) Ensuring that assessments provide diagnostic 
        information that informs instruction for high-achieving 
        students.
            ``(2) Implementing evidence-based, innovative educational 
        strategies, such as enrichment programs and academic 
        acceleration strategies, designed to maximize the learning of 
        high-potential and high-achieving students.
            ``(3) Procuring or utilizing high-quality instructional 
        materials.
            ``(4) Carrying out training and professional development 
        for school personnel involved in the teaching of high-
        achieving, educationally disadvantaged students, such as 
        instructional staff, principals, counselors, and psychologists.
            ``(5) Conducting education and training for parents of 
        high-achieving, educationally disadvantaged students to support 
        educational excellence for such students.

``SEC. 1845. REPORTS AND DATA COLLECTION.

    ``(a) Third-Year Report.--
            ``(1) In general.--At the end of the third year of a grant 
        under this part, the eligible entity receiving such grant shall 
        prepare, and submit to the Secretary, a report regarding--
                    ``(A) how grant funds were expended; and
                    ``(B) the outcomes produced by the grant.
            ``(2) Review.--Upon review of a third-year report submitted 
        by an eligible entity under paragraph (1), the Secretary may 
        extend a grant awarded under this part for not more than 2 more 
        years based on the eligible entity's performance.
    ``(b) Data Collection.--
            ``(1) In general.--The Secretary, acting through the 
        Director of the Institute of Education Sciences, shall--
                    ``(A) collect data annually comparing longitudinal 
                achievement levels of the cohorts of high-achieving, 
                educationally disadvantaged students served by a grant 
                under this part with such students' more advantaged 
                peers; and
                    ``(B) release such data for analysis by independent 
                research institutions.
            ``(2) Reservation.--The Secretary may reserve not more than 
        1 percent of the total amount appropriated for this part to 
        carry out subsection (a).

``SEC. 1846. RULE OF CONSTRUCTION.

    ``Nothing in this part shall be construed to prohibit a recipient 
of a grant under this part from serving high-achieving, educationally 
disadvantaged students simultaneously with students with similar 
educational needs in the same educational settings, where 
appropriate.''.
    (b) Conforming Amendments.--The Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 6301 et seq.) is further amended--
            (1) in the table of contents in section 2--
                    (A) by striking the item relating to part I and 
                inserting the following:

                    ``Part J--General Provisions'';

                and
                    (B) by inserting after the item relating to section 
                1830 the following:

                 ``PART I--Equity in Excellence Grants

``Sec. 1841. Purpose.
``Sec. 1842. Definitions.
``Sec. 1843. Equity in excellence grants.
``Sec. 1844. Authorized use of funds.
``Sec. 1845. Reports and data collection.
``Sec. 1846. Rule of construction.'';
            (2) in section 1304(c)(2) (20 U.S.C. 6394(c)(2)), by 
        striking ``part I'' and inserting ``part J''; and
            (3) in section 1415(a)(2)(C) (20 U.S.C. 6435(a)(2)(C)), by 
        striking ``part I'' and inserting ``part J''.

SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

    Section 1002 of the Elementary and Secondary Education Act of 1965 
(20 U.S.C. 6302) is amended by adding at the end the following:
    ``(j) Equity in Excellence Grants.--For the purpose of carrying out 
part I, there is authorized to be appropriated $50,000,000 for fiscal 
year 2011 and each of the 5 succeeding fiscal years.''.

Summary: Equity in Excellence Act of 2010 - Amends title I of the Elementary and Secondary Education Act of 1965 to establish an Equity in Excellence Grant program authorizing the Secretary of Education to award competitive grants to eligible entities for efforts to ensure that the academic achievement rates of high-achieving students in grades one through four, who are from impoverished families and served by high-need local educational agencies (LEAs), do not fall behind the achievement rates of their more advantaged, high-achieving peers. Lists as eligible grantees: (1) high-need LEAs, (2) consortia of LEAs that include high-need LEAs. And (3) partnerships composed of high-need LEAs and institutions of higher education or nonprofits that have expertise in educating gifted students. Requires the use of grant funds to: (1) ensure that assessments provide diagnostic information that informs the instruction of high-achieving students. (2) implement evidence-based, innovative educational strategies, such as enrichment programs and academic acceleration strategies, (3) procure or use high-quality instructional materials. (4) train school personnel involved in teaching high-achieving students from impoverished families. And (5) conduct education and training for such students' parents that supports their children's excellence. Allows the Secretary to extend such grants based on recipient performance. Directs the Secretary to: (1) collect data annually comparing the longitudinal achievement levels of the students served by this Act's grants with their more advantaged peers. And (2) release such data for analysis to independent research institutions.