```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3535 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 3535

    To improve outcomes for students in persistently low-performing 
schools, to create a culture of recognizing, rewarding, and replicating 
educational excellence, to authorize school turnaround grants, and for 
                            other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            December 1, 2011

  Mr. Polis (for himself and Mrs. Davis of California) introduced the 
 following bill; which was referred to the Committee on Education and 
                             the Workforce

_______________________________________________________________________

                                 A BILL

 
    To improve outcomes for students in persistently low-performing 
schools, to create a culture of recognizing, rewarding, and replicating 
educational excellence, to authorize school turnaround grants, and for 
                            other purposes.

    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 ``Achieving Change in Education Act'' 
or the ``ACE Act''.

SEC. 2. PURPOSES.

    The purposes of this Act are to--
            (1) significantly improve outcomes for students in 
        persistently low-performing schools by--
                    (A) building the capacity of State educational 
                agencies and local educational agencies to improve 
                student academic achievement in low-performing and 
                persistently low-performing schools;
                    (B) supporting States and local educational 
                agencies in implementing school intervention models; 
                and
                    (C) targeting State and local supports and 
                strategies on the persistently lowest-performing 
                schools in each State; and
            (2) create a culture of recognizing, rewarding, and 
        replicating educational excellence in every State by--
                    (A) providing financial and other incentives and 
                rewards to schools that are identified as reward 
                schools; and
                    (B) supporting State educational agency efforts to 
                identify, collect, and disseminate effective practices 
                for increasing student academic achievement used by 
                reward schools.

             TITLE I--ADDITIONAL ACCOUNTABILITY PROVISIONS

SEC. 101. ADDITIONAL ACCOUNTABILITY PROVISIONS.

    (a) In General.--The Elementary and Secondary Education Act of 1965 
(20 U.S.C. 6301 et seq.) is amended by inserting after section 1116 the 
following:

``SEC. 1116A. REWARD SCHOOLS AND PERSISTENTLY LOW-PERFORMING SCHOOLS.

    ``(a) In General.--Notwithstanding section 1116 or any other 
provision of this part, each State educational agency that receives 
funds under this part shall identify reward schools and persistently 
low-performing schools in the State and take the actions described with 
respect to those schools, in accordance with this section.
    ``(b) Identification of Reward Schools.--
            ``(1) In general.--Each State educational agency that 
        receives funds under this part shall annually identify as 
        reward schools public elementary schools or secondary schools 
        served by the State that are making significant progress, as 
        determined by the State educational agency, in closing the 
        achievement gap and increasing student academic achievement, 
        student growth, and, at the high school level, graduation 
        rates, for students in the aggregate and for all subgroups of 
        students identified under section 1111(b)(2)(C)(v)(II).
            ``(2) Reward schools.--Each school that is identified as a 
        reward school under paragraph (1)--
                    ``(A) is eligible for recognition and rewards under 
                subsection (e); and
                    ``(B) may use funds provided under this part, 
                except for those funds related to serving special 
                populations under parts C and D of this title, title 
                III, and title VII, in a comprehensive and coordinated 
                manner, to design innovative programs consistent with 
                the requirements of title IX.
    ``(c) Identification of Persistently Low-Performing Schools.--
            ``(1) In general.--Each State educational agency that 
        receives funds under this part shall identify as a persistently 
        low-performing school, a public elementary school or secondary 
        school that, based on the percentage of students scoring at or 
        above the proficient level of academic achievement in each of 
        the subjects included in a State's accountability system under 
        section 1111(b)(2) is not making progress and--
                    ``(A) in the case of a school that is an elementary 
                school, is in the bottom 5 percent of the State's 
                public elementary schools, as ranked in accordance with 
                paragraph (2);
                    ``(B) in the case of a school that is a secondary 
                school and does not award high school diplomas, is in 
                the bottom 5 percent of the State's public secondary 
                schools that do not award a high school diploma, as 
                ranked in accordance with paragraph (2); or
                    ``(C) in the case of a secondary school that does 
                award high school diplomas, is in the bottom 5 percent 
                of the State's public secondary schools that award high 
                school diplomas, as ranked in accordance with paragraph 
                (3), or has a graduation rate below 60 percent, or 
                both.
            ``(2) Schools that do not award high school diplomas.--To 
        determine if a school that does not award a high school diploma 
        is a persistently low-performing school, the State educational 
        agency shall, not less frequently than once every 3 years, rank 
        all such public elementary schools and secondary schools served 
        by the State on the basis of the combined or averaged 
        percentages across subjects of students who score at least at 
        the proficient level of academic achievement on the assessments 
        that were most recently administered and included in the State 
        accountability system required under section 1111(b)(2).
            ``(3) Schools that award high school diplomas.--To 
        determine if a school that awards a high school diploma is a 
        persistently low-performing school, the State educational 
        agency shall, not less frequently than once every 3 years, rank 
        all such schools on the basis of--
                    ``(A) the combined or averaged percentages across 
                subjects of students who score at least at the 
                proficient level of achievement on the reading or 
                language arts and mathematics assessments required by 
                section 1111(b)(3) that were most recently 
                administered; and
                    ``(B) a graduation rate approved by the Secretary, 
                with such rate given weight equal in determining the 
                ranking to the weight of the factor described in 
                subparagraph (A).
            ``(4) Schools making progress.--The State educational 
        agency shall not identify as a persistently low-performing 
        school a school that is making significant progress as defined 
        by the State, subject to any limitations specified by the 
        Secretary in regulations.
            ``(5) No identification of certain schools.--The State may 
        choose not to identify those schools in which the total number 
        of students assessed is below the minimum group size used by 
        the State to ensure the validity and reliability of State 
        academic assessments described in section 1111(b)(3) or to 
        protect the privacy of individual students.
            ``(6) School intervention models.--Each local educational 
        agency that serves a school identified as a persistently low-
        performing school under this subsection shall select and 
        implement 1 of the 6 school intervention models described in 
        section 205 of the Achieving Change in Education Act in such 
        school, and provide for family and community engagement in the 
        choice and implementation of the model selected in each case.
    ``(d) Notification.--Each State educational agency that receives 
funds under this part shall ensure that each local educational agency 
annually notifies the staff, parents and students of each persistently 
low-performing school served by the local educational agency of this 
designation.
    ``(e) Funds for Reward Schools.--
            ``(1) Allotments; allocation to states.--
                    ``(A) In general.--
                            ``(i) Allotment.--In accordance with clause 
                        (ii), the Secretary shall allot among each of 
                        the 50 States, the District of Columbia, the 
                        Commonwealth of Puerto Rico, and the Secretary 
                        of the Interior for programs under this 
                        subsection in schools operated or funded by the 
                        Bureau of Indian Affairs, the total amount made 
                        available to carry out this subsection under 
                        paragraph (5) for any fiscal year, to carry out 
                        activities under this subsection.
                            ``(ii) Determination of allotments.--The 
                        Secretary shall use the amount made available 
                        under clause (i) for a fiscal year to award a 
                        grant to each entity described in clause (i) in 
                        an amount that bears the same relation to such 
                        amount made available under clause (i) as the 
                        amount the entity received under this part for 
                        the preceding fiscal year bears to the amount 
                        received by all the entities described in 
                        clause (i) under this part for the preceding 
                        fiscal year.
                    ``(B) Reallotment.--If an entity described in 
                subparagraph (A)(i) does not receive funds under this 
                subsection, the Secretary shall reallot those funds to 
                other entities described in subparagraph (A)(i) in the 
                same proportion in which funds are allotted under 
                subparagraph (A).
            ``(2) State application.--Each State educational agency 
        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. 
        At a minimum, each application shall include--
                    ``(A) a description of how the State educational 
                agency will distribute funds under this program, by 
                formula or through a competitive process, to local 
                educational agencies serving reward schools identified 
                under subsection (b);
                    ``(B) a description of how the State educational 
                agency will take into account poverty rates within 
                local educational agencies and schools proposed to be 
                served when distributing funds under this program;
                    ``(C) an assurance that the State educational 
                agency will provide significant rewards and incentives 
                under this subsection that are large enough to motivate 
                changes in behavior by schools throughout the State;
                    ``(D) a description of how the State educational 
                agency will identify, collect, and disseminate 
                information on effective practices for increasing 
                student achievement that are used by the reward schools 
                and how the State will create communities of practice 
                among reward schools, in order to share best practices 
                and replicate successful strategies to assist lower-
                performing schools and local educational agencies; and
                    ``(E) a description of how the State will create 
                mentoring partnerships between reward schools and other 
                schools, including persistently low-performing schools, 
                and local educational agencies in the State.
            ``(3) State use of funds.--
                    ``(A) State reservation.--A State educational 
                agency that receives a grant under paragraph (1) shall 
                use not less than 90 percent of the grant funds to make 
                subgrants in accordance to paragraph (4) to local 
                educational agencies serving reward schools to carry 
                out the activities described in paragraph (4).
                    ``(B) State activities.--A State educational agency 
                that receives a grant under paragraph (1) shall use any 
                portion of its grant funds that it does not use under 
                subparagraph (A) to carry out the following activities:
                            ``(i) Identifying, collecting, and 
                        disseminating information on effective 
                        practices that are used by reward schools to 
                        increase student achievement.
                            ``(ii) Supporting mentoring partnerships 
                        between reward schools and other schools, and 
                        local educational agencies, which may include 
                        persistently low-performing schools.
                            ``(iii) Creating communities of practice 
                        among reward schools.
                            ``(iv) Administration of this subsection.
            ``(4) Subgrants to local educational agencies.--
                    ``(A) In general.--A State educational agency shall 
                make 1-year subgrants to local educational agencies 
                serving reward schools.
                    ``(B) Activities.--A local educational agency that 
                receives a subgrant under this subsection shall use the 
                funds--
                            ``(i) to provide tangible rewards for 
                        principals, teachers, and other staff in reward 
                        schools;
                            ``(ii) to provide financial rewards to 
                        reward schools, which may be used at the 
                        school's discretion, including for financial 
                        rewards or to improve or enrich the school's or 
                        local educational agency's program; and
                            ``(iii) to provide reward schools with 
                        increased flexibility in making budgeting and 
                        staffing decisions, by--
                                    ``(I) providing reward schools with 
                                priority in receiving Federal or State 
                                funds;
                                    ``(II) reducing reporting 
                                requirements of reward schools; or
                                    ``(III) taking other actions to 
                                provide reward schools with greater 
                                autonomy.
            ``(5) Authorization of appropriations.--There are 
        authorized to be appropriated to carry out this subsection 
        $300,000,000 for fiscal year 2013 and such sums as may be 
        necessary for each of the 5 succeeding fiscal years.''.
    (b) Table of Contents.--The table of contents in section 2 of the 
Elementary and Secondary Education Act of 1965 is amended by inserting 
after the item relating to section 1116 the following:

``Sec. 1116A. Reward schools and persistently low-performing 
                            schools.''.

                   TITLE II--SCHOOL TURNAROUND GRANTS

SEC. 201. RESERVATION AND ALLOTMENTS.

    (a) Reservation for Activities of National Significance.--From the 
amount appropriated under section 207 for a fiscal year, the Secretary 
may reserve not more than 10 percent to carry out activities of 
national significance, such as--
            (1) building State and local educational agency turnaround 
        capacity, including--
                    (A) through technical assistance and support;
                    (B) identification and dissemination of best 
                practices; and
                    (C) facilitating the creation and operation of 
                communities of practice;
            (2) supporting the use of school quality review teams by 
        making grants to State educational agencies, consortia of such 
        agencies, or partnerships of State educational agencies or 
        State consortia and public or private nonprofit organizations 
        to develop and implement school quality review teams that 
        review and provide support and technical assistance to local 
        educational agencies and schools;
            (3) identifying and disseminating practices that are 
        effective in rural areas such as rural turnaround practices, 
        making available targeted technical assistance in rural areas, 
        and expanding the availability and capacity of turnaround 
        partners that operate in rural areas;
            (4) identifying schools that are effectively implementing 
        school intervention models and other effective strategies to 
        improve schools, and making information on those schools 
        available to State educational agencies, local educational 
        agencies, and schools in a manner that facilitates replication 
        of effective practices; and
            (5) other activities designed to support State and local 
        efforts to turn around persistently low-performing schools.
    (b) Allotment to States.--
            (1) In general.--
                    (A) Allotment.--In accordance with subparagraph 
                (B), the Secretary shall allot among each of the 50 
                States, the District of Columbia, the Commonwealth of 
                Puerto Rico, the outlying areas, and the Secretary of 
                the Interior for programs under this title in schools 
                operated or funded by the Bureau of Indian Affairs, the 
                amount made available to carry out this title under 
                section 207 for a fiscal year and not reserved under 
                subsection (a), to carry out activities under this 
                title.
                    (B) Determination of allotments.--The Secretary 
                shall use the amount made available under subparagraph 
                (A) for a fiscal year to award a grant to each entity 
                described in subparagraph (A) in an amount that bears 
                the same relation to such amount made available under 
                subparagraph (A) as the amount the entity received 
                under part A of title I of the Elementary and Secondary 
                Education Act of 1965 (20 U.S.C. 6311 et seq.) for the 
                preceding fiscal year bears to the amount received by 
                all the entities described in subparagraph (A) under 
                such part for the preceding fiscal year.
            (2) Reallotment.--If an entity described in paragraph 
        (1)(A) does not receive funds under this title, the Secretary 
        shall reallot those funds to other entities described in 
        paragraph (1)(A) in the same proportion in which funds are 
        allotted under paragraph (1).

SEC. 202. APPLICATION.

    For a State to be eligible to receive a grant under section 201(b), 
the State educational agency shall submit an application to the 
Secretary at such time, in such manner, and containing such information 
as the Secretary may reasonably require. At a minimum, each application 
shall include--
            (1) a copy of the application form and instructions that 
        the State will use in making competitive subgrants under this 
        title;
            (2) the criteria the State educational agency will use to 
        determine whether each eligible applicant applying for a 
        subgrant under section 204--
                    (A) has analyzed the needs of each school the 
                eligible applicant seeks to serve and has selected an 
                appropriate intervention model;
                    (B) has the capacity to implement fully and 
                effectively the selected school intervention model; and
                    (C) has submitted a budget that includes sufficient 
                funds to implement fully and effectively the selected 
                school intervention model;
            (3) a description of how the State educational agency will 
        set priorities for subgrants if the State educational agency 
        does not have sufficient funds to support all persistently low-
        performing schools that eligible applicants have applied to 
        serve;
            (4) the criteria the State educational agency will use to 
        determine the quality of applications the State educational 
        agency receives;
            (5) a description of how the State educational agency 
        will--
                    (A) monitor each subgrantee to ensure that the 
                subgrantee is fully and effectively implementing the 
                selected school intervention model and is improving 
                student achievement and making progress on leading 
                indicators; and
                    (B) communicate, in a timely fashion, to each 
                subgrantee about the--
                            (i) State's expectations for the subgrantee 
                        to make progress on leading indicators; and
                            (ii) consequences the State may impose if 
                        the subgrantee fails to make such progress;
            (6) a description of how the State educational agency, in 
        accordance with section 203(b)(1), will use the funds it 
        reserves at the State level to provide technical assistance and 
        other support to subgrantees; and
            (7) a description of how the State will--
                    (A) help develop pipelines of teachers and leaders 
                trained for turnaround schools;
                    (B) collect and report data that informs the work 
                of subgrantees;
                    (C) encourage the clustering of turnaround schools; 
                and
                    (D) build capacity in the State educational agency 
                for assisting turnaround schools.

SEC. 203. STATE USE OF FUNDS.

    (a) State Reservation.--
            (1) In general.--Except as provided in paragraph (2), a 
        State that receives a grant under section 201(b) shall use not 
        less than 90 percent of the grant funds to make competitive 
        subgrants to eligible applicants under section 204 to carry out 
        the purposes of this title.
            (2) Exception for school taken over by the state.--
        Notwithstanding paragraph (1), a State may, subject to 
        regulations of the Secretary, reserve from the amount to be 
        used to make subgrants under paragraph (1) such funds as are 
        necessary to implement a school intervention model, either 
        directly or through a turnaround partner designated by the 
        State, in a school that has been taken over by the State.
    (b) State Activities.--A State that receives a grant under section 
201(b) shall use any portion of the grant funds that the State 
educational agency does not use to make subgrants under subsection (a) 
to carry out activities designed to build State capacity to support 
school improvement. These activities may include--
            (1) providing technical assistance and other support, 
        either directly, or through the creation of a school turnaround 
        office, or through turnaround partners, to eligible applicants, 
        which may include the use of school quality review teams or 
        regular site visits to monitor the implementation of selected 
        models;
            (2) evaluating State and local implementation of school 
        intervention models and other improvement activities, and using 
        the results to improve State strategies for supporting and 
        providing flexibility for targeted schools;
            (3) providing subgrants to turnaround partners to enable 
        the turnaround partners to increase their capacity to help turn 
        around schools;
            (4) developing pipelines of teachers and leaders trained 
        for turnaround schools;
            (5) collecting and reporting data that informs the work of 
        subgrantees;
            (6) supporting collaborations or coalitions of turnaround 
        schools; and
            (7) building capacity in the State educational agency for 
        assisting turnaround schools.

SEC. 204. SUBGRANTS TO ELIGIBLE APPLICANTS.

    (a) Duration.--A State educational agency--
            (1) shall award subgrants under this section for a period 
        of not more than 3 years; and
            (2) may extend a subgrant awarded under this section for an 
        additional 2-year period if the State educational agency 
        determines that schools served by the eligible applicant are 
        making sufficient progress, as described in subsection (f).
    (b) Application.--In order to receive a subgrant under this 
section, an eligible applicant shall submit an application to the State 
educational agency at such time, in such form, and including such 
information as the State educational agency may reasonably require. 
Each application shall include, at a minimum--
            (1) a description of the process the applicant has used for 
        selecting an appropriate school intervention model for each 
        school to be served (which process shall include family and 
        community input as to which of the school intervention models 
        is most likely to improve student achievement), including 
        information on the magnitude and intensity of the challenges 
        facing the school and its students and the capacity of the 
        school to improve student performance, and has considered such 
        information in selecting the model;
            (2) the school intervention model to be used in each school 
        to be served and the timeline for implementing the selected 
        school intervention model in each school to be served;
            (3) a detailed budget covering the grant period, including 
        planned expenditures at the school level and by the eligible 
        applicant for activities supporting full and effective 
        implementation of the selected intervention model;
            (4) a description of how the eligible applicant will--
                    (A) design and implement interventions consistent 
                with the requirements of the selected school 
                intervention model, including how the applicant will 
                use appropriate leading indicators and student 
                achievement measures to monitor the effectiveness of 
                implementation;
                    (B) use a rigorous review process to recruit, 
                screen, and select turnaround partners with which the 
                local educational agency will partner;
                    (C) align other Federal, State, and local resources 
                with the interventions;
                    (D) modify practices and policies, if necessary, to 
                provide site-based operational flexibility that enables 
                full and effective implementation of the selected 
                school intervention model;
                    (E) collect and use data on an ongoing basis to 
                adjust implementation of the school intervention model 
                during implementation (while maintaining consistency 
                with the requirements of section 205) in order to 
                achieve the desired outcomes;
                    (F) ensure that the implementation of the school 
                intervention model addresses the needs of all subgroups 
                described in section 1111(b)(2)(C)(v)(II) of the 
                Elementary and Secondary Education Act of 1965 (20 
                U.S.C. 6311(b)(2)(C)(v)(II)) in each school to be 
                served; and
                    (G) sustain successful reforms and practices after 
                the funding period ends;
            (5) a description of the technical assistance and other 
        support that the eligible applicant will provide to ensure 
        effective implementation of intervention models in eligible 
        schools, which may include--
                    (A) assistance in data analysis;
                    (B) recruiting staff;
                    (C) teacher evaluation;
                    (D) professional development;
                    (E) coordination of services to address students' 
                social, emotional, and health needs;
                    (F) facilitating the creation and operation of 
                professional learning communities and communities of 
                practice; and
                    (G) progress monitoring; and
            (6) an assurance that each school the applicant proposes to 
        serve will receive all of the State and local funds it would 
        have received in the absence of these funds.
    (c) Authority.--A State educational agency shall use not less than 
90 percent of a grant received under section 201(b) to make subgrants, 
on a competitive basis, to eligible applicants.
    (d) Criteria.--Subgrants awarded under this section shall be of 
sufficient size to enable subgrantees to implement the selected 
intervention model fully and effectively.
    (e) Priority.--In making subgrants under this section, a State 
educational agency shall give priority to an eligible applicant if the 
applicant--
            (1) demonstrates that it has a sufficient pool of effective 
        educators within or outside the local educational agency to 
        staff low-performing schools and a comprehensive plan to 
        recruit retain, reward, and improve staff using comprehensive 
        evaluation systems;
            (2) demonstrates the support of school management, 
        teachers, community partners, and public stakeholders to 
        implement strategies described in section 205;
            (3) demonstrates school leaders have sufficient flexibility 
        in making budgeting, staffing, and program decisions; and
            (4) demonstrates the ability to collect, report, and use 
        data to inform decisionmaking and to target resources at the 
        school level.
    (f) Accountability.--
            (1) In general.--Each eligible applicant that receives a 
        subgrant under this section shall demonstrate sufficient 
        progress annually, as defined by the State, on the core 
        academic indicators and leading indicators described in 
        subsection (g).
            (2) Additional two-year grant period for sufficient 
        progress.--
                    (A) In general.--Subject to subparagraph (B), an 
                eligible applicant that makes sufficient progress on 
                core indicators described in subsection (g) and leading 
                indicators described in subsection (g) shall be 
                eligible for an extension of the applicant's subgrant 
                for an additional 2-year period.
                    (B) Determination of eligibility.--In determining 
                whether an eligible applicant is eligible for an 
                extension under subparagraph (A), the Secretary shall 
                give less weight to the progress made by the applicant 
                on leading indicators described in subsection (g) than 
                on the progress made by the applicant on core 
                indicators described in subsection (g).
            (3) Insufficient progress.--An eligible applicant that does 
        not make sufficient progress, as described under paragraph (1) 
        and determined by the State educational agency, shall be 
        required to--
                    (A) modify their existing school intervention 
                model;
                    (B) restart the school using the restart model 
                described in section 205(a)(2); or
                    (C) close the school using the school closure model 
                described in section 205(a)(3).
    (g) Reporting.--Each eligible applicant that receives a subgrant 
under this section shall--
            (1) comply with the reporting and accountability 
        requirements of part A of title I of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) for 
        each of the schools the eligible applicant serves with subgrant 
        funds; and
            (2) monitor and report data, on an annual basis, to the 
        State educational agency involved, that includes, with respect 
        to students served by the applicant with grant funds received 
        under this section--
                    (A) core academic indicators, such as--
                            (i) percentage of students at or above each 
                        proficiency level on State assessments in 
                        reading or language arts and mathematics;
                            (ii) student progress toward core academic 
                        benchmarks, including academic longitudinal 
                        growth, as determined under the State's 
                        accountability system;
                            (iii) average scale scores on State 
                        assessments in reading or language arts and in 
                        mathematics;
                            (iv) percentage of English language learner 
                        students who attain English language 
                        proficiency on the State's summative language 
                        assessments;
                            (v) graduation rates;
                            (vi) college enrollment rates, including 
                        data for all students and for all subgroups of 
                        students identified under section 
                        1111(b)(2)(C)(v)(II) of the Elementary and 
                        Secondary Education Act of 1965 (20 U.S.C. 
                        6311(b)(2)(C)(v)(II));
                            (vii) dropout rates; and
                            (viii) reduction in the percentage of 
                        students in the bottom level of achievement on 
                        State assessments in reading or language arts 
                        and mathematics, including data for all 
                        students and all subgroups of students 
                        identified under such section 
                        1111(b)(2)(C)(v)(II); and
                    (B) leading indicators such as--
                            (i) student attendance rates;
                            (ii) number and percentage of students 
                        completing advanced coursework;
                            (iii) student participation rates on State 
                        assessments in reading or language arts and 
                        mathematics;
                            (iv) discipline incident rates;
                            (v) teacher attendance rates; and
                            (vi) distribution of teachers by 
                        performance level on the applicant's teacher 
                        evaluation system; and
    (h) Local Activities.--An eligible applicant that receives a 
subgrant under this section--
            (1) shall use the subgrant funds to--
                    (A) implement 1 or more of the school intervention 
                models described in section 205 in persistently low-
                performing schools; and
                    (B) identify and address issues that may contribute 
                to low academic achievement in such schools; and
            (2) may use such funds to--
                    (A) provide comprehensive services to address the 
                issues identified pursuant to paragraph (1)(B) and meet 
                the full range of student needs; and
                    (B) carry out local educational agency-level 
                activities that directly support the implementation of 
                the school intervention model selected for 
                implementation, such as--
                            (i) carrying out pre-implementation 
                        activities at the school or local educational 
                        agency level during the school year prior to 
                        the school year in which the local educational 
                        agency will fully implement the school 
                        intervention model;
                            (ii) recruiting effective teachers and 
                        principals for the schools at which the local 
                        educational agency will fully implement the 
                        school intervention model;
                            (iii) implementing a rigorous process to 
                        evaluate the quality of charter management 
                        organizations or education management 
                        organizations applying to operate restart 
                        schools as described in section 205; or
                            (iv) developing rigorous, transparent, and 
                        equitable teacher and principal evaluation 
                        systems.

SEC. 205. SCHOOL INTERVENTION MODELS.

    (a) In General.--Each eligible applicant that receives a subgrant 
under section 204 shall select and implement any 1 of the following 6 
school intervention models:
            (1) Transformation model.--A transformation model is 1 in 
        which the local educational agency--
                    (A) if the principal has led the school for 2 or 
                more years, replaces the principal with a new principal 
                who has demonstrated effectiveness as an educator and 
                leader;
                    (B) uses rigorous, transparent, and equitable 
                evaluation systems to--
                            (i) identify and reward school leaders, 
                        teachers, and other staff who, in implementing 
                        the model, increase student achievement and, if 
                        applicable, high school graduation rates; and
                            (ii) identify and remove school leaders, 
                        teachers, and other staff who, after ample 
                        opportunities have been provided for such 
                        individuals to improve their professional 
                        practice--
                                    (I) do not increase student 
                                achievement;
                                    (II) if applicable, do not increase 
                                high school graduation rates; and
                                    (III) have not demonstrated 
                                effectiveness according to the local 
                                educational agency's evaluation system;
                    (C) provides staff with ongoing, high-quality, job-
                embedded professional development that is aligned with 
                the school's instructional program and evaluation 
                system and facilitates effective teaching and learning, 
                and supports the implementation of school-reform 
                strategies;
                    (D) implements strategies, such as financial 
                incentives, increased opportunities for promotion and 
                career growth, and more flexible work conditions that 
                are designed to recruit, place, and retain staff with 
                the skills necessary to meet the needs of the students 
                in the school;
                    (E) uses data to identify and implement a research-
                based instructional program that is aligned with State 
                challenging academic content standards and challenging 
                student academic achievement standards;
                    (F) in the case of a secondary school, provides 
                graduation and postsecondary planning and transition 
                supports;
                    (G) promotes the continuous use of student data to 
                provide instruction that meets the academic needs of 
                individual students, which may include, in elementary 
                school, individual students' levels of school 
                readiness;
                    (H) establishes schedules and strategies that 
                provide significantly increased learning time, which 
                may include expanding the day or year for all students 
                in the school or expanding the school program to offer 
                full-day kindergarten or a high-quality preschool 
                program;
                    (I) provides ongoing mechanisms for family and 
                community engagement;
                    (J) gives the school sufficient operational 
                flexibility in programming, staffing, budgeting, and 
                scheduling to fully implement a comprehensive strategy 
                designed to substantially improve student achievement 
                and, if applicable, increase the graduation rate;
                    (K) ensures that the school receives ongoing, 
                intensive technical assistance and related support from 
                the local educational agency, the State educational 
                agency, or a designated external lead partner 
                organization; and
                    (L) provides appropriate social-emotional and 
                community-oriented services and supports for students 
                and, at the discretion of the local educational agency, 
                uses not more than 10 percent of the funds available 
                for such school under this part to provide services to 
                meet those needs.
            (2) Restart model.--A restart model is 1 in which the local 
        educational agency--
                    (A) converts a school or closes and reopens the 
                school--
                            (i) under a charter school operator, a 
                        charter management organization, or an 
                        education management organization; or
                            (ii) as an autonomous or redesigned school;
                    (B) implements a rigorous review process to select 
                such a charter management organization or education 
                management organization, as applicable, which includes 
                an assurance from such organization that it will make 
                significant changes in the leadership and staffing of 
                the school; and
                    (C) enrolls in the school, within the grades it 
                serves, any former student who wishes to attend the 
                school.
            (3) School closure.--A school closure model is 1 in which 
        the local educational agency--
                    (A) closes a school and enrolls the students who 
                attended such school in other schools served by the 
                local educational agency that are higher performing, 
                provided the other schools are within reasonable 
                proximity to the closed school; and
                    (B) provides information, in a timely fashion, in 
                the appropriate language, and prior to closing the 
                school, to children who attended such closed school and 
                their parents, about high-quality educational options 
                and transition and support services.
            (4) Turnaround model.--A turnaround model is 1 in which the 
        local educational agency--
                    (A) if the principal has led the school for 2 or 
                more years, replaces the principal with a new principal 
                who has demonstrated effectiveness as an educator and 
                leader;
                    (B) gives the new principal sufficient operational 
                flexibility (including over staffing, the school day 
                and school calendar, and budgeting) to fully implement 
                a comprehensive approach to improve student outcomes;
                    (C) using comprehensive evaluation systems, 
                including the use of student achievement data to 
                measure the effectiveness of staff who can work within 
                the turnaround environment to meet the needs of 
                students--
                            (i) screens all existing staff and retains 
                        not more than 50 percent of such staff; and
                            (ii) requires the principal to justify 
                        personnel decisions, such as hiring, dismissal, 
                        and providing rewards, based on results of such 
                        evaluations;
                    (D) provides staff with ongoing, high-quality, job-
                embedded professional development that is aligned with 
                the school's instructional program, facilitates 
                effective teaching and learning, and supports the 
                implementation of school-reform strategies;
                    (E) adopts a new governance structure for the 
                school, which may include requiring the school to 
                report to a new turnaround office in the local 
                educational agency or State educational agency, hire a 
                turnaround leader who reports directly to the 
                superintendent or chief academic officer, or enter into 
                a multi-year agreement with the local educational 
                agency or State educational agency to obtain added 
                flexibility in exchange for greater accountability;
                    (F) uses data to identify and implement a research-
                based instructional program and promotes the continuous 
                use of data to evaluate school improvement strategies 
                and to inform the differentiated instruction in order 
                to meet the academic needs of individual students;
                    (G) establishes schedules and strategies that 
                provide increased learning time, which may include 
                offering full-day kindergarten or a high-quality 
                preschool program, using a longer school day, week, or 
                year schedule to significantly increase the total 
                number of school hours to include additional time for--
                            (i) instruction in core academic subjects, 
                        including English, reading or language arts, 
                        mathematics, science, foreign languages, civics 
                        and government, economics, arts, history, and 
                        geography;
                            (ii) instruction in other subjects and 
                        enrichment activities that contribute to a 
                        well-rounded education, including physical 
                        education, service learning, and experiential 
                        and work-based learning opportunities that are 
                        provided by partnering, as appropriate, with 
                        other organizations; and
                            (iii) teachers to collaborate, plan, and 
                        engage in professional development within and 
                        across grades and subjects;
                    (H) provides ongoing mechanisms for family and 
                community engagement;
                    (I) provides appropriate social-emotional and 
                community-oriented services and supports for students; 
                and
                    (J) may include any of the strategies described in 
                paragraph (1).
            (5) School engagement model.--A school engagement model is 
        1 in which the local educational agency--
                    (A) if the principal has led the school for 2 or 
                more years, replaces the principal with a new principal 
                who has demonstrated effectiveness as an educator and 
                leader;
                    (B) establishes a year-round academic calendar or 
                increases the number of school days per year by at 
                least 10 percent and increases learning time by at 
                least 10 percent;
                    (C) establishes an evidence-based student 
                engagement system, to be approved by the State 
                educational agency, that includes--
                            (i) attendance and truancy improvement and 
                        tracking approaches for all students;
                            (ii) evidence-based behavior identification 
                        needs for all students, and evidence-based 
                        behavior intervention and improvement 
                        approaches for students as needed, which may 
                        include a multi-tier system of supports; and
                            (iii) grade-level literacy improvement 
                        interventions for all non-proficient students 
                        provided after-school by a supplemental 
                        education services provider;
                    (D) if the school is a high school, the school must 
                establish--
                            (i) course credit recovery or maintenance 
                        and tracking strategies for all students;
                            (ii) dropout recovery activities for all 
                        students who have dropped out; and
                            (iii) concurrent enrollment opportunities 
                        for all students;
                    (E) uses rigorous, transparent, and equitable 
                evaluation systems to--
                            (i) identify and reward school leaders, 
                        teachers, and other staff who, in implementing 
                        the model, increase student achievement and 
                        high school graduation rates; and
                            (ii) identify and remove those school 
                        leaders, teachers, and other staff who, after 
                        ample opportunities have been provided for them 
                        to improve their professional practice, do not 
                        improve student achievement;
                    (F) provides ongoing, high-quality professional 
                development to staff that is aligned with the school's 
                instructional program, facilitates effective teaching 
                and learning, and supports the implementation of 
                school-reform strategies;
                    (G) implements strategies, such as financial 
                incentives, increased opportunities for promotion and 
                career growth, and more flexible work conditions, that 
                are designed to recruit, place, and retain staff with 
                the skills that are necessary to meet the needs of the 
                students in the school;
                    (H) gives the school sufficient operational 
                flexibility in programming, staffing, budgeting, and 
                scheduling to fully implement a comprehensive strategy 
                that is designed to substantially improve student 
                achievement and, if applicable, increase the graduation 
                rate;
                    (I) uses data to identify and implement a research-
                based instructional program that is aligned with State 
                academic standards; and
                    (J) promotes the continuous use of student data to 
                provide instruction that meets the academic needs of 
                individual students, which may include, in elementary 
                schools, individual students' levels of school 
                readiness.
            (6) Expanded school choice option.--An expanded school 
        choice model is one in which the local educational agency--
                    (A) closes the school;
                    (B) transfers students from the persistently low-
                performing school that has been closed to 1 or more 
                existing high-performing charter schools or high-
                performing traditional schools in the same or another 
                local educational agency, upon an agreement or 
                memorandum of understanding between the agency that 
                served the closed school and the agency to which the 
                students are transferred; and
                    (C) expands the capacity of the high-performing 
                school or schools selected under subparagraph (B) by 
                transferring to such schools its allotment awarded 
                under section 204 to be used for staffing and other 
                student support, including transportation to the high-
                performing school.
    (b) Flexibility.--Notwithstanding any other provision of this 
section, in carrying out a school intervention model under this 
section, a local educational agency may continue to build on or 
complete actions it took in the 3 years before the school year in which 
it begins to fully implement that model, including retaining a school 
principal hired within that period to implement a turnaround plan in 
that school.

SEC. 206. DEFINITIONS.

    In this title--
            (1) Eligible applicant.--The term ``eligible applicant'' 
        means--
                    (A) a local educational agency that receives funds 
                under part A of title I of the Elementary and Secondary 
                Education Act of 1965 (20 U.S.C. 6311 et seq.) and 
                serves at least 1 persistently low-performing school; 
                or
                    (B) a local educational agency described in 
                subparagraph (A) in partnership with a turnaround 
                partner.
            (2) ESEA terms.--Except as otherwise provided, any term 
        used that is defined in section 9101 of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 7801) shall have the 
        meaning given the term in such section.
            (3) High-performing.--The term ``high-performing'' when 
        used in relation to school means a school ranking--
                    (A) in the top 25 percent in the State at student 
                academic longitudinal growth; or
                    (B) in the absence of such a State measurement, in 
                the top 25 percent in progress toward core academic 
                benchmarks, as determined under the State's 
                accountability system.
            (4) Multi-tier system of supports.--The term ``multi-tier 
        system of supports'' means a comprehensive system of 
        differentiated supports that includes evidence-based 
        instruction, universal screening, progress monitoring, 
        formative assessment, and research-based interventions matched 
        to student needs, and educational decisionmaking using student 
        outcome data.
            (5) Turnaround partner.--The term ``turnaround partner'' 
        means a public or private nonprofit organization that has a 
        successful record of implementing or supporting school 
        intervention models.

SEC. 207. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this title 
$600,000,000 for fiscal year 2013 and such sums as may be necessary for 
each of the 5 succeeding fiscal years.
                                 <all>
```