II 

Calendar No. 108 

109TH CONGRESS 

1ST SESSION S. 1061 

To provide for secondary school reform, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 18, 2005 

Mrs. MURRAY introduced the following bill; which was read the first time 

MAY 19, 2005 

Read the second time and placed on the calendar 

A BILL 

To provide for secondary school reform, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Pathways for All Stu5 dents to Succeed Act’’. 
2 

•S 1061 PCS

1 TITLE I—READING AND MATHE2 MATICS SKILLS FOR SUCCESS 

3 SEC. 101. FINDINGS. 

4 Congress makes the following findings: 

5 (1) While the Elementary and Secondary Edu6 cation Act of 1965 (20 U.S.C. 6301 et seq.), as 

7 amended by the No Child Left Behind Act of 2001 

8 (Public Law 107–110, 115 Stat. 1425), provides a 

9 strong framework for helping children in the early 

10 grades, our Nation still needs a comprehensive strat11 egy to address the literacy problems and learning 

12 gaps of students in middle school and secondary 

13 school. 

14 (2) Approximately 60 percent of students in the 

15 poorest communities fail to graduate from secondary 

16 school on time, in large part because of severe read17 ing deficits that contribute to academic failure. 

18 (3) Forty percent of students attending high 

19 minority enrollment secondary schools enroll in re20 medial reading coursework when entering higher 

21 education, in an effort to gain the skills their sec22 ondary education failed to provide. 

23 (4) While 33 percent of all low-income students 

24 are enrolled in secondary schools, only 15 percent of 
3 

•S 1061 PCS

1 the funding targeted to disadvantaged students goes 

2 to secondary schools. 

3 (5) Data from the 1998 National Assessment of 

4 Educational Progress show that 32 percent of boys 

5 and 19 percent of girls in eighth grade cannot read 

6 at a basic level. These numbers do not change sig7 nificantly in the secondary school years and are even 

8 more dramatic when students are identified by mi9 nority status. 

10 (6) The 2002 National Assessment of Edu11 cational Progress writing scores indicate that while 

12 the percentage of fourth and eighth graders writing 

13 at or above a basic level increased between 1998 and 

14 2002, the percentage of 12th graders writing at or 

15 above a basic level decreased. These numbers show 

16 that our concentrated efforts for elementary school 

17 students have improved their writing skills, but by 

18 neglecting the needs of secondary school students, 

19 we are squandering these gains. 

20 (7) The United States cannot maintain its posi21 tion as the world’s strongest economy if we continue 

22 to ignore the literacy needs of adolescents in middle 

23 school and secondary school. 
4 

•S 1061 PCS

1 (8) The achievement gap between White and 

2 Asian students and Black and Hispanic students re3 mains wide in the area of mathematics. 

4 (9) The 2003 National Assessment of Edu5 cation Progress shows that the achievement gap be6 tween the mathematics scores of eighth grade Black 

7 and Hispanic students and White students is the 

8 same in 2003 as in 1990. 

9 (10) The 2003 National Assessment of Edu10 cation Progress shows that eighth grade students el11 igible for a free or reduced-price school lunch did not 

12 meet the basic mathematics score, unlike non-eligible 

13 students. 

14 (11) According to the latest results from inter15 national assessments, 15-year-olds from the United 

16 States performed below the international average in 

17 mathematics literacy and problem-solving, placing 

18 27th out of 39 countries. 

(12) Only 1 19 ⁄3 of the United States workforce 

20 has any post-secondary education, yet 60 percent of 

21 new jobs in the 21st century will require post-sec22 ondary education. 

23 SEC. 102. PURPOSES. 

24 The purposes of this title are— 
5 

•S 1061 PCS

1 (1) to provide assistance to State educational 

2 agencies and local educational agencies in estab3 lishing effective research-based reading, writing, and 

4 mathematics programs for students in middle 

5 schools and secondary schools, including students 

6 with disabilities and students with limited English 

7 proficiency; 

8 (2) to provide adequate resources to schools to 

9 hire and to provide in-service training for not less 

10 than 1 literacy coach per 20 teachers who can assist 

11 middle school and secondary school teachers to in12 corporate research-based reading and writing in13 struction into the teachers’ teaching of mathematics, 

14 science, history, civics, geography, literature, lan15 guage arts, and other core academic subjects; 

16 (3) to provide assistance to State educational 

17 agencies and local educational agencies— 

18 (A) in strengthening reading and writing 

19 instruction in middle schools and secondary 

20 schools; and 

21 (B) in procuring high-quality diagnostic 

22 reading and writing assessments and com23 prehensive research-based programs and in24 structional materials that will improve reading 
6 

•S 1061 PCS

1 and writing performance among students in 

2 middle school and secondary school; and 

3 (4) to provide adequate resources to schools to 

4 hire and to provide in-service training for not less 

5 than 1 mathematics coach per 20 teachers who can 

6 assist middle school and secondary school teachers 

7 to utilize research-based mathematics instruction to 

8 develop students’ mathematical abilities and knowl9 edge, and assist teachers in assessing student learn10 ing. 

11 SEC. 103. DEFINITIONS. 

12 In this title: 

13 (1) IN GENERAL.—The terms ‘‘local educational 

14 agency’’, ‘‘Secretary’’, and ‘‘State educational agen15 cy’’ have the meaning given the terms in section 

16 9101 of the Elementary and Secondary Education 

17 Act of 1965 (20 U.S.C. 7801). 

18 (2) ELIGIBLE LOCAL EDUCATIONAL AGENCY.— 

19 The term ‘‘eligible local educational agency’’ means 

20 a local educational agency who is eligible to receive 

21 funds under part A of title I of the Elementary and 

22 Secondary Education Act of 1965 (20 U.S.C. 6311 

23 et seq.). 

24 (3) LITERACY COACH.—The term ‘‘literacy 

25 coach’’ means a certified or licensed teacher with a 
7 

•S 1061 PCS

1 demonstrated effectiveness in teaching reading and 

2 writing to students with specialized reading and 

3 writing needs, and the ability to work with classroom 

4 teachers to improve the teachers’ instructional tech5 niques to support reading and writing improvement, 

6 who works on site at a school— 

7 (A) to train teachers from across the cur8 riculum to incorporate the teaching of reading 

9 and writing skills into their instruction of con10 tent; 

11 (B) to train teachers to assess students’ 

12 reading and writing skills and identify students 

13 requiring remediation; and 

14 (C) to provide or assess remedial literacy 

15 instruction, including for— 

16 (i) students in after school and sum17 mer school programs; 

18 (ii) students requiring additional in19 struction; 

20 (iii) students with disabilities; and 

21 (iv) students with limited English pro22 ficiency. 

23 (4) MATHEMATICS COACH.—The term ‘‘mathe24 matics coach’’ means a certified or licensed teacher, 

25 with a demonstrated effectiveness in teaching mathe-
8 

•S 1061 PCS

1 matics to students with specialized needs in mathe2 matics, a command of mathematical content knowl3 edge, and the ability to work with classroom teach4 ers to improve the teachers’ instructional techniques 

5 to support mathematics improvement, who works on 

6 site at a school— 

7 (A) to train teachers to better assess stu8 dent learning in mathematics; 

9 (B) to train teachers to assess students’ 

10 mathematics skills and identify students requir11 ing remediation; and 

12 (C) to provide or assess remedial mathe13 matics instruction, including for— 

14 (i) students in after school and sum15 mer school programs; 

16 (ii) students requiring additional in17 struction; 

18 (iii) students with disabilities; and 

19 (iv) students with limited English pro20 ficiency. 

21 (5) MIDDLE SCHOOL.—The term ‘‘middle 

22 school’’ means a school that provides middle school 

23 education, as determined under State law. 
9 

•S 1061 PCS

1 (6) SECONDARY SCHOOL.—The term ‘‘sec2 ondary school’’ means a school that provides sec3 ondary education, as determined under State law. 

4 (7) STATE.—The term ‘‘State’’ means each of 

5 the 50 States, the District of Columbia, the Com6 monwealth of Puerto Rico, the United States Virgin 

7 Islands, Guam, American Samoa, and the Common8 wealth of the Northern Mariana Islands. 

9 SEC. 104. AUTHORIZATION OF APPROPRIATIONS. 

10 (a) LITERACY GRANTS.—For the purposes of car11 rying out subtitle A, there are authorized to be appro12 priated $1,000,000,000 for fiscal year 2006 and such 

13 sums as may be necessary for each of the 5 succeeding 

14 fiscal years. 

15 (b) MATHEMATICS GRANTS.—For the purposes of 

16 carrying out subtitle B, there are authorized to be appro17 priated $1,000,000,000 for fiscal year 2006 and such 

18 sums as may be necessary for each of the 5 succeeding 

19 fiscal years. 

20 Subtitle A—Literacy Skills 

21 Programs 

22 SEC. 111. LITERACY SKILLS PROGRAMS. 

23 (a) GRANTS AUTHORIZED.— 

24 (1) IN GENERAL.—From funds appropriated 

25 under section 104(a) for a fiscal year, the Secretary 
10 

•S 1061 PCS

1 shall establish a program, in accordance with the re2 quirements of this subtitle, that will provide grants 

3 to State educational agencies, and grants or sub4 grants to eligible local educational agencies, to estab5 lish reading and writing programs to improve the 

6 overall reading and writing performance of students 

7 in middle school and secondary school. 

8 (2) LENGTH OF GRANT.—A grant to a State 

9 educational agency under this subtitle shall be 

10 awarded for a period of 6 years. 

11 (b) RESERVATION OF FUNDS BY THE SECRETARY.— 

12 From amounts appropriated under section 104(a) for a 

13 fiscal year, the Secretary shall reserve— 

14 (1) 3 percent of such amounts to fund national 

15 activities in support of the programs assisted under 

16 this subtitle, such as research and dissemination of 

17 best practices, except that the Secretary may not use 

18 the reserved funds to award grants directly to local 

19 educational agencies; and 

20 (2) 2 percent of such amounts for the Bureau 

21 of Indian Affairs to carry out the services and activi22 ties described in section 112(c) for Indian children. 

23 (c) GRANT FORMULAS.— 

24 (1) FORMULA GRANTS TO STATE EDUCATIONAL

25 AGENCIES.—If the amounts appropriated under sec-
11 

•S 1061 PCS

1 tion 104(a) for a fiscal year are equal to or greater 

2 than $500,000,000, then the Secretary shall award 

3 grants, from allotments under paragraph (3), to 

4 State educational agencies to enable the State edu5 cational agencies to provide subgrants to eligible 

6 local educational agencies to establish reading and 

7 writing programs to improve overall reading and 

8 writing performance among students in middle 

9 school and secondary school. 

10 (2) DIRECT GRANTS TO ELIGIBLE LOCAL EDU11 CATIONAL AGENCIES.— 

12 (A) IN GENERAL.—If the amounts appro13 priated under section 104(a) for a fiscal year 

14 are less than $500,000,000, then the Secretary 

15 shall award grants, on a competitive basis, di16 rectly to eligible local educational agencies to 

17 establish reading and writing programs to im18 prove overall reading and writing performance 

19 among students in middle school and secondary 

20 school. 

21 (B) PRIORITY.—The Secretary shall give 

22 priority in awarding grants under this para23 graph to eligible local educational agencies 

24 that— 
12 

•S 1061 PCS

1 (i) are among the local educational 

2 agencies in the State with the lowest grad3 uation rates, as described in section 

4 1111(b)(2)(C)(vi) of the Elementary and 

5 Secondary Education Act of 1965 (20 

6 U.S.C. 6311(b)(2)(C)(vi)); and 

7 (ii) have the highest number or per8 centage of students who are counted under 

9 section 1124(c) of the Elementary and 

10 Secondary Education Act of 1965 (20 

11 U.S.C. 6333(c)). 

12 (3) ALLOTMENTS TO STATES.— 

13 (A) IN GENERAL.—From funds appro14 priated under section 104(a) and not reserved 

15 under subsection (b) for a fiscal year, the Sec16 retary shall make an allotment to each State 

17 educational agency having an application ap18 proved under subsection (d) in an amount that 

19 bears the same relation to the funds as the 

20 amount the State received under part A of title 

21 I of the Elementary and Secondary Education 

22 Act of 1965 (20 U.S.C. 6311 et seq.) bears to 

23 the amount received under such part by all 

24 States. 
13 

•S 1061 PCS

1 (B) MINIMUM ALLOTMENT.—Notwith2 standing subparagraph (A), no State edu3 cational agency shall receive an allotment under 

4 this paragraph for a fiscal year in an amount 

5 that is less than 0.25 percent of the funds allot6 ted to all State educational agencies under sub7 paragraph (A) for the fiscal year. 

8 (4) REALLOTMENT.—If a State educational 

9 agency does not apply for a grant under this sub10 title, the Secretary shall reallot the State educational 

11 agency’s allotment to the remaining States. 

12 (d) APPLICATIONS.— 

13 (1) IN GENERAL.—In order to receive a grant 

14 under this subtitle, a State educational agency shall 

15 submit an application to the Secretary at such time, 

16 in such manner, and accompanied by such informa17 tion as the Secretary may require. Each such appli18 cation shall meet the following conditions: 

19 (A) A State educational agency shall not 

20 include the application for assistance under this 

21 subtitle in a consolidated application submitted 

22 under section 9302 of the Elementary and Sec23 ondary Education Act of 1965 (20 U.S.C. 

24 7842). 
14 

•S 1061 PCS

1 (B) The State educational agency’s appli2 cation shall include an assurance that— 

3 (i) the State educational agency has 

4 established a reading and writing partner5 ship that— 

6 (I) coordinated the development 

7 of the application for a grant under 

8 this subtitle; and 

9 (II) will assist in designing and 

10 administering the State educational 

11 agency’s program under this subtitle; 

12 and 

13 (ii) the State educational agency will 

14 participate, if requested, in any evaluation 

15 of the State educational agency’s program 

16 under this subtitle. 

17 (C) The State educational agency’s appli18 cation shall include a program plan that con19 tains a description of the following: 

20 (i) How the State educational agency 

21 will assist eligible local educational agen22 cies in implementing subgrants, including 

23 providing ongoing professional development 

24 for literacy coaches, teachers, paraprofes25 sionals, and administrators. 
15 

•S 1061 PCS

1 (ii) How the State educational agency 

2 will help eligible local educational agencies 

3 identify high-quality screening, diagnostic, 

4 and classroom-based instructional reading 

5 and writing assessments. 

6 (iii) How the State educational agency 

7 will help eligible local educational agencies 

8 identify high-quality research-based mate9 rials and programs. 

10 (iv) How the State educational agency 

11 will help eligible local educational agencies 

12 identify appropriate and effective mate13 rials, programs, and assessments for stu14 dents with disabilities and students with 

15 limited English proficiency. 

16 (v) How the State educational agency 

17 will ensure that professional development 

18 funded under this subtitle— 

19 (I) is based on reading and writ20 ing research; 

21 (II) will effectively improve in22 structional practices for reading and 

23 writing for middle school and sec24 ondary school students; and 
16 

•S 1061 PCS

1 (III) is coordinated with profes2 sional development activities funded 

3 through other programs (including 

4 federally funded programs such as 

5 programs funded under the Adult 

6 Education and Family Literacy Act 

7 (20 U.S.C. 9201 et seq.), the Individ8 uals with Disabilities Education Act 

9 (20 U.S.C. 1400 et seq.), and the Ele10 mentary and Secondary Education 

11 Act of 1965 (20 U.S.C. 6301 et 

12 seq.)). 

13 (vi) How funded activities will help 

14 teachers and other instructional staff to 

15 implement research-based components of 

16 reading and writing instruction. 

17 (vii) The subgrant process the State 

18 educational agency will use to ensure that 

19 eligible local educational agencies receiving 

20 subgrants implement programs and prac21 tices based on reading and writing re22 search. 

23 (viii) How the State educational agen24 cy will build on and promote coordination 

25 among reading and writing programs in 
17 

•S 1061 PCS

1 the State to increase overall effectiveness 

2 in improving reading and writing instruc3 tion, including for students with disabilities 

4 and students with limited English pro5 ficiency. 

6 (ix) How the State educational agency 

7 will regularly assess and evaluate the effec8 tiveness of the eligible local educational 

9 agency activities funded under this sub10 title. 

11 (2) REVIEW OF APPLICATIONS.—The Secretary 

12 shall review applications from State educational 

13 agencies under this subsection as the applications 

14 are received. 

15 (e) STATE USE OF FUNDS.—Each State educational 

16 agency receiving a grant under this subtitle shall— 

17 (1) establish a reading and writing partnership, 

18 which may be the same as the partnership estab19 lished under section 1203(d) of the Elementary and 

20 Secondary Education Act of 1965 (20 U.S.C. 

21 6363(d)), that will provide guidance to eligible local 

22 educational agencies in selecting or developing and 

23 implementing appropriate, research-based reading 

24 and writing programs for middle school and sec25 ondary school students; 
18 

•S 1061 PCS

1 (2) use 80 percent of the grant funds received 

2 under this subtitle for a fiscal year to award sub3 grants to eligible local educational agencies having 

4 applications approved under section 112(a); and 

5 (3) use 20 percent of the grant funds received 

6 under this subtitle— 

7 (A) to carry out State-level activities de8 scribed in the application submitted under sub9 section (d); 

10 (B) to provide— 

11 (i) technical assistance to eligible local 

12 educational agencies; and 

13 (ii) high-quality professional develop14 ment to teachers and literacy coaches; 

15 (C) to oversee and evaluate subgrant serv16 ices and activities undertaken by the eligible 

17 local educational agencies as described in sec18 tion 112(c); and 

19 (D) for administrative costs, 

20 of which not more than 10 percent of the grant 

21 funds may be used for planning, administration, and 

22 reporting. 

23 (f) NOTICE TO ELIGIBLE LOCAL EDUCATIONAL

24 AGENCIES.—Each State educational agency receiving a 

25 grant under this subtitle shall provide notice to all eligible 
19 

•S 1061 PCS

1 local educational agencies in the State about the avail2 ability of subgrants under this subtitle. 

3 (g) SUPPLEMENT NOT SUPPLANT.—Each State edu4 cational agency receiving a grant under this subtitle shall 

5 use the grant funds to supplement not supplant State 

6 funding for activities authorized under this subtitle or for 

7 other educational activities. 

8 (h) NEW SERVICES AND ACTIVITIES.—Grant funds 

9 provided under this subtitle may be used only to provide 

10 services and activities authorized under this subtitle that 

11 were not provided on the day before the date of enactment 

12 of this Act. 

13 SEC. 112. SUBGRANTS TO ELIGIBLE LOCAL EDUCATIONAL 

14 AGENCIES. 

15 (a) APPLICATION.— 

16 (1) IN GENERAL.—Each eligible local edu17 cational agency desiring a subgrant under this sub18 title shall submit an application to the State edu19 cational agency in the form and according to the 

20 schedule established by the State educational agen21 cy. 

22 (2) CONTENTS.—In addition to any information 

23 required by the State educational agency, each appli24 cation under paragraph (1) shall demonstrate how 
20 

•S 1061 PCS

1 the eligible local educational agency will carry out 

2 the following required activities: 

3 (A) Development or selection and imple4 mentation of research-based reading and writ5 ing assessments. 

6 (B) Development or selection and imple7 mentation of research-based reading and writ8 ing programs, including programs for students 

9 with disabilities and students with limited 

10 English proficiency. 

11 (C) Selection of instructional materials 

12 based on reading and writing research. 

13 (D) High-quality professional development 

14 for literacy coaches and teachers based on read15 ing and writing research. 

16 (E) Evaluation strategies. 

17 (F) Reporting. 

18 (G) Providing access to research-based 

19 reading and writing materials. 

20 (3) CONSORTIA.—An eligible local educational 

21 agency may apply to the State educational agency 

22 for a subgrant as a member of a consortium, if each 

23 member of the consortium is an eligible local edu24 cational agency. 

25 (b) AWARD BASIS.— 
21 

•S 1061 PCS

1 (1) MINIMUM SUBGRANT AMOUNT.—Each eligi2 ble local educational agency receiving a subgrant 

3 under this subtitle for a fiscal year shall receive a 

4 minimum subgrant amount that bears the same re5 lation to the amount of funds made available to the 

6 State educational agency under section 111(e)(2) as 

7 the amount the eligible local educational agency re8 ceived under part A of title I of the Elementary and 

9 Secondary Education Act of 1965 (20 U.S.C. 6311 

10 et seq.) for the preceding fiscal year bears to the 

11 amount received by all eligible local educational 

12 agencies under such part for the preceding fiscal 

13 year. 

14 (2) SUFFICIENT SIZE AND SCOPE.—Subgrants 

15 under this section shall be of sufficient size and 

16 scope to enable eligible local educational agencies to 

17 fully implement activities assisted under this sub18 title. 

19 (c) LOCAL USE OF FUNDS.—Each eligible local edu20 cational agency receiving a subgrant under this subtitle 

21 shall use the subgrant funds to carry out, at the middle 

22 school and secondary school level, the following services 

23 and activities: 

24 (1) Hiring literacy coaches, at a ratio of not 

25 less than 1 literacy coach for every 20 teachers, and 
22 

•S 1061 PCS

1 providing professional development for literacy 

2 coaches— 

3 (A) to work with classroom teachers to in4 corporate reading and writing instruction within 

5 all subject areas, during regular classroom peri6 ods, after school, and during summer school 

7 programs, for all students; 

8 (B) to work with classroom teachers to 

9 identify students with reading and writing prob10 lems and, where appropriate, refer students to 

11 available programs for remediation and addi12 tional services; 

13 (C) to work with classroom teachers to di14 agnose and remediate reading and writing dif15 ficulties of the lowest-performing students, by 

16 providing intensive, research-based instruction, 

17 including during after school and summer ses18 sions, geared toward ensuring that the students 

19 can access and be successful in rigorous aca20 demic coursework; and 

21 (D) to assess and organize student data on 

22 literacy and communicate that data to school 

23 administrators to inform school reform efforts. 

24 (2) Reviewing, analyzing, developing, and, 

25 where possible, adapting curricula to make sure lit-
23 

•S 1061 PCS

1 eracy skills are taught within the content area sub2 jects. 

3 (3) Providing reading and writing professional 

4 development for all teachers in middle school and 

5 secondary school that addresses both remedial and 

6 higher level literacy skills for students in the applica7 ble curriculum. 

8 (4) Providing professional development for 

9 teachers, administrators, and paraprofessionals serv10 ing middle schools and secondary schools to help the 

11 teachers, administrators, and paraprofessionals meet 

12 literacy needs. 

13 (5) Procuring and implementing programs and 

14 instructional materials based on reading and writing 

15 research, including software and other education 

16 technology related to reading and writing instruc17 tion. 

18 (6) Building on and promoting coordination 

19 among reading and writing programs in the eligible 

20 local educational agency to increase overall effective21 ness in improving reading and writing instruction, 

22 including for students with disabilities and students 

23 with limited English proficiency. 

24 (7) Evaluating the effectiveness of the instruc25 tional strategies, teacher professional development 
24 

•S 1061 PCS

1 programs, and other interventions that are imple2 mented under the subgrant. 

3 (d) SUPPLEMENT NOT SUPPLANT.—Each eligible 

4 local educational agency receiving a subgrant under this 

5 subtitle shall use the subgrant funds to supplement not 

6 supplant the eligible local educational agency funding for 

7 activities authorized under this subtitle or for other edu8 cational activities. 

9 (e) NEW SERVICES AND ACTIVITIES.—Subgrant 

10 funds provided under this subtitle may be used only to 

11 provide services and activities authorized under this sub12 title that were not provided on the day before the date 

13 of enactment of this Act. 

14 (f) EVALUATIONS.—Each eligible local educational 

15 agency receiving a grant under this subtitle shall partici16 pate, as requested by the State educational agency or the 

17 Secretary, in reviews and evaluations of the programs of 

18 the eligible local educational agency and the effectiveness 

19 of such programs, and shall provide such reports as are 

20 requested by the State educational agency and the Sec21 retary. 

22 Subtitle B—Mathematics Skills 

23 Programs 

24 SEC. 121. MATHEMATICS SKILLS PROGRAMS. 

25 (a) GRANTS AUTHORIZED.— 
25 

•S 1061 PCS

1 (1) IN GENERAL.—From funds appropriated 

2 under section 104(b) for a fiscal year, the Secretary 

3 shall establish a program, in accordance with the re4 quirements of this subtitle, that will provide grants 

5 to State educational agencies, and grants and sub6 grants to eligible local educational agencies, to estab7 lish mathematics programs to improve the overall 

8 mathematics performance of students in middle 

9 school and secondary school. 

10 (2) LENGTH OF GRANT.—A grant to a State 

11 educational agency under this subtitle shall be 

12 awarded for a period of 6 years. 

13 (b) RESERVATION OF FUNDS BY THE SECRETARY.— 

14 From amounts appropriated under section 104(b) for a 

15 fiscal year, the Secretary shall reserve— 

16 (1) 3 percent of such amounts to fund national 

17 activities in support of the programs assisted under 

18 this subtitle, such as research and dissemination of 

19 best practices, except that the Secretary may not use 

20 the reserved funds to award grants directly to local 

21 educational agencies; and 

22 (2) 2 percent of such amounts for the Bureau 

23 of Indian Affairs to carry out the services and activi24 ties described in section 122(c) for Indian children. 

25 (c) GRANT FORMULAS.— 
26 

•S 1061 PCS

1 (1) FORMULA GRANTS TO STATE EDUCATIONAL

2 AGENCIES.—If the amounts appropriated under sec3 tion 104(b) for a fiscal year are equal to or greater 

4 than $500,000,000, then the Secretary shall award 

5 grants, from allotments under paragraph (3), to 

6 State educational agencies to enable the State edu7 cational agencies to provide subgrants to eligible 

8 local educational agencies to establish mathematics 

9 programs to improve overall mathematics perform10 ance among students in middle school and secondary 

11 school. 

12 (2) DIRECT GRANTS TO ELIGIBLE LOCAL EDU13 CATIONAL AGENCIES.— 

14 (A) IN GENERAL.—If the amounts appro15 priated under section 104(b) for a fiscal year 

16 are less than $500,000,000, then the Secretary 

17 shall award grants, on a competitive basis, di18 rectly to eligible local educational agencies to 

19 establish mathematics programs to improve 

20 overall mathematics performance among stu21 dents in middle school and secondary school. 

22 (B) PRIORITY.—The Secretary shall give 

23 priority in awarding grants under this para24 graph to eligible local educational agencies 

25 that— 
27 

•S 1061 PCS

1 (i) are among the local educational 

2 agencies in the State with the lowest grad3 uation rates, as described in section 

4 1111(b)(2)(C)(vi) of the Elementary and 

5 Secondary Education Act of 1965 (20 

6 U.S.C. 6311(b)(2)(C)(vi)); and 

7 (ii) have the highest number or per8 centage of students who are counted under 

9 section 1124(c) of the Elementary and 

10 Secondary Education Act of 1965 (20 

11 U.S.C. 6333(c)). 

12 (3) ALLOTMENTS TO STATES.— 

13 (A) IN GENERAL.—From funds appro14 priated under section 104(b) and not reserved 

15 under subsection (b) for a fiscal year, the Sec16 retary shall make an allotment to each State 

17 educational agency having an application ap18 proved under subsection (d) in an amount that 

19 bears the same relation to the funds as the 

20 amount the State received under part A of title 

21 I of the Elementary and Secondary Education 

22 Act of 1965 (20 U.S.C. 6311 et seq.) bears to 

23 the amount received under such part by all 

24 States. 
28 

•S 1061 PCS

1 (B) MINIMUM ALLOTMENT.—Notwith2 standing subparagraph (A), no State edu3 cational agency shall receive an allotment under 

4 this paragraph for a fiscal year in an amount 

5 that is less than 0.25 percent of the funds allot6 ted to all State educational agencies under sub7 paragraph (A) for the fiscal year. 

8 (4) REALLOTMENT.—If a State educational 

9 agency does not apply for a grant under this sub10 title, the Secretary shall reallot the State educational 

11 agency’s allotment to the remaining States. 

12 (d) APPLICATIONS.— 

13 (1) IN GENERAL.—In order to receive a grant 

14 under this subtitle, a State educational agency shall 

15 submit an application to the Secretary at such time, 

16 in such manner, and accompanied by such informa17 tion as the Secretary may require. Each such appli18 cation shall meet the following conditions: 

19 (A) A State educational agency shall not 

20 include the application for assistance under this 

21 subtitle in a consolidated application submitted 

22 under section 9302 of the Elementary and Sec23 ondary Education Act of 1965 (20 U.S.C. 

24 7842). 
29 

•S 1061 PCS

1 (B) The State educational agency’s appli2 cation shall include an assurance that— 

3 (i) the State educational agency has 

4 established a mathematics partnership 

5 that— 

6 (I) coordinated the development 

7 of the application for a grant under 

8 this subtitle; and 

9 (II) will assist in designing and 

10 administering the State educational 

11 agency’s program under this subtitle; 

12 and 

13 (ii) the State educational agency will 

14 participate, if requested, in any evaluation 

15 of the State educational agency’s program 

16 under this subtitle. 

17 (C) The State educational agency’s appli18 cation shall include a program plan that con19 tains a description of the following: 

20 (i) How the State educational agency 

21 will assist eligible local educational agen22 cies in implementing subgrants, including 

23 providing ongoing professional development 

24 for mathematics coaches, teachers, para25 professionals, and administrators. 
30 

•S 1061 PCS

1 (ii) How the State educational agency 

2 will help eligible local educational agencies 

3 identify high-quality screening, diagnostic, 

4 and classroom-based instructional mathe5 matics assessments. 

6 (iii) How the State educational agency 

7 will help eligible local educational agencies 

8 identify high-quality research-based mathe9 matics materials and programs. 

10 (iv) How the State educational agency 

11 will help eligible local educational agencies 

12 identify appropriate and effective mate13 rials, programs, and assessments for stu14 dents with disabilities and students with 

15 limited English proficiency. 

16 (v) How the State educational agency 

17 will ensure that professional development 

18 funded under this subtitle— 

19 (I) is based on mathematics re20 search; 

21 (II) will effectively improve in22 structional practices for mathematics 

23 for middle school and secondary 

24 school students; and 
31 

•S 1061 PCS

1 (III) is coordinated with profes2 sional development activities funded 

3 through other programs. 

4 (vi) How funded activities will help 

5 teachers and other instructional staff to 

6 implement research-based components of 

7 mathematics instruction. 

8 (vii) The subgrant process the State 

9 educational agency will use to ensure that 

10 eligible local educational agencies receiving 

11 subgrants implement programs and prac12 tices based on mathematics research. 

13 (viii) How the State educational agen14 cy will build on and promote coordination 

15 among mathematics programs in the State 

16 to increase overall effectiveness in improv17 ing mathematics instruction, including for 

18 students with disabilities and students with 

19 limited English proficiency. 

20 (ix) How the State educational agency 

21 will regularly assess and evaluate the effec22 tiveness of the eligible local educational 

23 agency activities funded under this sub24 title. 
32 

•S 1061 PCS

1 (2) REVIEW OF APPLICATIONS.—The Secretary 

2 shall review applications from State educational 

3 agencies under this subsection as the applications 

4 are received. 

5 (e) STATE USE OF FUNDS.—Each State educational 

6 agency receiving a grant under this subtitle shall— 

7 (1) establish a mathematics partnership that 

8 will provide guidance to eligible local educational 

9 agencies in selecting or developing and implementing 

10 appropriate, research-based mathematics programs 

11 for middle school and secondary school students; 

12 (2) use 80 percent of the grant funds received 

13 under this subtitle for a fiscal year to approve high14 quality applications for subgrants to eligible local 

15 educational agencies having applications approved 

16 under section 122(a); and 

17 (3) use 20 percent of the grant funds received 

18 under this subtitle— 

19 (A) to carry out State-level activities de20 scribed in the application submitted under sub21 section (d); 

22 (B) to provide— 

23 (i) technical assistance to eligible local 

24 educational agencies; and 
33 

•S 1061 PCS

1 (ii) high-quality professional develop2 ment to teachers and mathematics coaches; 

3 (C) to oversee and evaluate subgrant serv4 ices and activities undertaken by the eligible 

5 local educational agencies as described in sec6 tion 122(c); and 

7 (D) for administrative costs, 

8 of which not more than 10 percent of the grant 

9 funds may be used for planning, administration, and 

10 reporting. 

11 (f) NOTICE TO ELIGIBLE LOCAL EDUCATIONAL

12 AGENCIES.—Each State educational agency receiving a 

13 grant under this subtitle shall provide notice to all eligible 

14 local educational agencies in the State about the avail15 ability of subgrants under this subtitle. 

16 (g) SUPPLEMENT NOT SUPPLANT.—Each State edu17 cational agency receiving a grant under this subtitle shall 

18 use the grant funds to supplement not supplant State 

19 funding for activities authorized under this subtitle or for 

20 other educational activities. 

21 (h) NEW SERVICES AND ACTIVITIES.—Grant funds 

22 provided under this subtitle may be used only to provide 

23 services and activities authorized under this subtitle that 

24 were not provided on the day before the date of enactment 

25 of this Act. 
34 

•S 1061 PCS

1 SEC. 122. SUBGRANTS TO ELIGIBLE LOCAL EDUCATIONAL 

2 AGENCIES. 

3 (a) APPLICATION.— 

4 (1) IN GENERAL.—Each eligible local edu5 cational agency desiring a subgrant under this sub6 title shall submit an application to the State edu7 cational agency in the form and according to the 

8 schedule established by the State educational agen9 cy. 

10 (2) CONTENTS.—In addition to any information 

11 required by the State educational agency, each appli12 cation under paragraph (1) shall demonstrate how 

13 the eligible local educational agency will carry out 

14 the following required activities: 

15 (A) Development or selection and imple16 mentation of research-based mathematics as17 sessments. 

18 (B) Development or selection and imple19 mentation of research-based mathematics pro20 grams, including programs for students with 

21 disabilities and students with limited English 

22 proficiency. 

23 (C) Selection of instructional materials 

24 based on mathematics research. 
35 

•S 1061 PCS

1 (D) High-quality professional development 

2 for mathematics coaches and teachers based on 

3 mathematics research. 

4 (E) Evaluation strategies. 

5 (F) Reporting. 

6 (G) Providing access to research-based 

7 mathematics materials. 

8 (3) CONSORTIA.—An eligible local educational 

9 agency may apply to the State educational agency 

10 for a subgrant as a member of a consortium if each 

11 member of the consortium is an eligible local edu12 cational agency. 

13 (b) AWARD BASIS.— 

14 (1) MINIMUM SUBGRANT AMOUNT.—Each eligi15 ble local educational agency receiving a subgrant 

16 under this subtitle for a fiscal year shall receive a 

17 minimum subgrant amount that bears the same re18 lation to the amount of funds made available to the 

19 State educational agency under section 121(e)(2) as 

20 the amount the eligible local educational agency re21 ceived under part A of title I of the Elementary and 

22 Secondary Education Act of 1965 (20 U.S.C. 6311 

23 et seq.) for the preceding fiscal year bears to the 

24 amount received by all eligible local educational 
36 

•S 1061 PCS

1 agencies under such part for the preceding fiscal 

2 year. 

3 (2) SUFFICIENT SIZE AND SCOPE.—Subgrants 

4 under this section shall be of sufficient size and 

5 scope to enable eligible local educational agencies to 

6 fully implement activities assisted under this sub7 title. 

8 (c) LOCAL USE OF FUNDS.—Each eligible local edu9 cational agency receiving a subgrant under this subtitle 

10 shall use the subgrant funds to carry out, at the middle 

11 school and secondary school level, the following services 

12 and activities: 

13 (1) Hiring mathematics coaches, at a ratio of 

14 not less than 1 mathematics coach for every 20 

15 teachers, and providing professional development for 

16 mathematics coaches— 

17 (A) to work with classroom teachers to bet18 ter assess student learning in mathematics; 

19 (B) to work with classroom teachers to 

20 identify students with mathematics problems 

21 and, where appropriate, refer students to avail22 able programs for remediation and additional 

23 services; 

24 (C) to work with classroom teachers to di25 agnose and remediate mathematics difficulties 
37 

•S 1061 PCS

1 of the lowest-performing students, by providing 

2 intensive, research-based instruction, including 

3 during after school and summer sessions, 

4 geared toward ensuring that those students can 

5 access and be successful in rigorous academic 

6 coursework; and 

7 (D) to assess and organize student data on 

8 mathematics and communicate that data to 

9 school administrators to inform school reform 

10 efforts. 

11 (2) Reviewing, analyzing, developing, and, 

12 where possible, adapting curricula to make sure 

13 mathematics skills are taught within the content 

14 area subjects. 

15 (3) Providing mathematics professional develop16 ment for all teachers in middle school and secondary 

17 school that addresses both remedial and higher level 

18 mathematics skills for students in the applicable cur19 riculum. 

20 (4) Providing professional development for 

21 teachers, administrators, and paraprofessionals serv22 ing middle schools and secondary schools to help the 

23 teachers, administrators, and paraprofessionals meet 

24 mathematics needs. 
38 

•S 1061 PCS

1 (5) Procuring and implementing programs and 

2 instructional materials based on mathematics re3 search, including software and other education tech4 nology related to mathematics instruction. 

5 (6) Building on and promoting coordination 

6 among mathematics programs in the eligible local 

7 educational agency to increase overall effectiveness 

8 in improving mathematics instruction, including for 

9 students with disabilities and students with limited 

10 English proficiency. 

11 (7) Evaluating the effectiveness of the instruc12 tional strategies, teacher professional development 

13 programs, and other interventions that are imple14 mented under the subgrant. 

15 (d) SUPPLEMENT NOT SUPPLANT.—Each eligible 

16 local educational agency receiving a subgrant under this 

17 subtitle shall use the subgrant funds to supplement not 

18 supplant the eligible local educational agency funding for 

19 activities authorized under this subtitle or for other edu20 cational activities. 

21 (e) NEW SERVICES AND ACTIVITIES.—Subgrant 

22 funds provided under this subtitle may be used only to 

23 provide services and activities authorized under this sub24 title that were not provided on the day before the date 

25 of enactment of this Act. 
39 

•S 1061 PCS

1 (f) EVALUATIONS.—Each eligible local educational 

2 agency receiving a grant under this subtitle shall partici3 pate, as requested by the State educational agency or the 

4 Secretary, in reviews and evaluations of the programs of 

5 the eligible local educational agency and the effectiveness 

6 of such programs, and shall provide such reports as are 

7 requested by the State educational agency and the Sec8 retary. 

9 TITLE II—PATHWAYS TO 

10 SUCCESS 

11 SEC. 201. FINDINGS. 

12 Congress makes the following findings: 

13 (1) In 2003, approximately 60 percent of stu14 dents in the poorest communities failed to graduate 

15 from secondary school on time. 

16 (2) All ninth grade students should have a plan 

17 that assesses the student’s instructional needs and 

18 outlines the coursework the student must complete 

19 to graduate on time, properly prepared for college 

20 and career. 

21 (3) Research shows that 1 of the most impor22 tant factors behind student success in secondary 

23 school is a close connection with at least 1 adult who 

24 demonstrates concern for the student’s advancement. 
40 

•S 1061 PCS

1 (4) Secondary school counselors can help stu2 dents receive the instructional, tutorial, and social 

3 supports that contribute to academic success. 

4 (5) Model programs around the Nation have 

5 demonstrated that effective academic and support 

6 plans for students, developed by counselors serving 

7 as academic coaches, in cooperation with students 

8 and parents, result in a higher percentage of stu9 dents graduating from secondary school well pre10 pared for college study. 

11 SEC. 202. DEFINITIONS. 

12 In this title: 

13 (1) IN GENERAL.—The terms ‘‘local educational 

14 agency’’, ‘‘poverty line’’, ‘‘secondary school’’, ‘‘Sec15 retary’’, and ‘‘State educational agency’’ have the 

16 meaning given the terms in section 9101 of the Ele17 mentary and Secondary Education Act of 1965 (20 

18 U.S.C. 7801). 

19 (2) ACADEMIC COUNSELOR.—The term ‘‘aca20 demic counselor’’ means a highly qualified profes21 sional who has received professional development ap22 propriate to perform the services described in section 

23 205(c). 

24 (3) ELIGIBLE LOCAL EDUCATIONAL AGENCY.— 

25 The term ‘‘eligible local educational agency’’ means 
41 

•S 1061 PCS

1 a local educational agency who has jurisdiction over 

2 not less than 1 secondary school receiving assistance 

3 under part A of title I of the Elementary and Sec4 ondary Education Act of 1965 (20 U.S.C. 6311 et 

5 seq.). 

6 (4) STATE.—The term ‘‘State’’ means each of 

7 the 50 States, the District of Columbia, the Com8 monwealth of Puerto Rico, the United States Virgin 

9 Islands, Guam, American Samoa, and the Common10 wealth of the Northern Mariana Islands. 

11 SEC. 203. PROGRAM AUTHORIZED. 

12 The Secretary is authorized to establish a program, 

13 in accordance with the requirements of this title, that— 

14 (1) enables a secondary school that receives as15 sistance under title I of the Elementary and Sec16 ondary Education Act of 1965 (20 U.S.C. 6301 et 

17 seq.), to hire a sufficient number of academic coun18 selors, in a ratio of not less than 1 counselor to 150 

19 students, to develop personal plans for each student 

20 at the school, including students with limited 

21 English proficiency; 

22 (2) involves parents in the development and im23 plementation of the personal plans; and 

24 (3) provides academic counselors and staff at 

25 the schools receiving grants under this title the op-
42 

•S 1061 PCS

1 portunity to coordinate with other programs and 

2 services, including those supported by Federal funds, 

3 to ensure that students have access to the resources 

4 and services necessary to fulfill the students’ per5 sonal plans. 

6 SEC. 204. GRANTS TO STATES. 

7 (a) GRANTS AUTHORIZED.—From amounts made 

8 available under section 206 and not reserved under sub9 section (i), the Secretary shall award grants, from allot10 ments under subsection (b), to State educational agencies 

11 to enable the State educational agencies to provide sub12 grants to eligible local educational agencies to implement 

13 programs in secondary schools in accordance with this 

14 title. 

15 (b) ALLOTMENTS TO STATES.— 

16 (1) IN GENERAL.—From funds appropriated 

17 under section 206 and not reserved under subsection 

18 (i) for a fiscal year, the Secretary shall make an al19 lotment to each State educational agency having an 

20 application approved under subsection (d) in an 

21 amount that bears the same relation to the funds as 

22 the amount the State received under part A of title 

23 I of the Elementary and Secondary Education Act 

24 of 1965 (20 U.S.C. 6311 et seq.) bears to the 

25 amount received under such part by all States. 
43 

•S 1061 PCS

1 (2) MINIMUM ALLOTMENT.—Notwithstanding 

2 paragraph (1), no State educational agency shall re3 ceive an allotment under this subsection for a fiscal 

4 year in an amount that is less than 0.25 percent of 

5 the amount allotted to the State educational agen6 cies under subsection (e)(1) for the fiscal year. 

7 (3) RATABLE REDUCTIONS.—If the amount ap8 propriated to carry out this title for any fiscal year 

9 is less than $2,000,000,000, then the Secretary shall 

10 ratably reduce the allotment made to each State 

11 educational agency under this subsection in propor12 tion to the relative number of children who are 

13 counted under section 1124(c) of the Elementary 

14 and Secondary Education Act of 1965 (20 U.S.C. 

15 6333(c)), in the State compared to such number for 

16 all States. 

17 (c) LENGTH OF GRANTS.—A grant to a State edu18 cational agency under this title shall be awarded for a pe19 riod of 6 years. 

20 (d) APPLICATIONS.—In order to receive a grant 

21 under this title, a State educational agency shall submit 

22 an application to the Secretary in the form and according 

23 to the schedule established by the Secretary by regulation. 

24 (e) STATE USE OF FUNDS.—Each State educational 

25 agency receiving a grant under this title shall use— 
44 

•S 1061 PCS

1 (1) 80 percent of the grant funds to award sub2 grants to eligible local educational agencies under 

3 section 205; and 

4 (2) 20 percent of the grant funds to provide 

5 professional development to academic counselors and 

6 technical assistance to local educational agencies, 

7 and to pay for administrative costs, of which not 

8 more than 10 percent of such 20 percent may be 

9 used for planning, administration, and reporting. 

10 (f) SUPPLEMENT NOT SUPPLANT.—Grant funds pro11 vided to State educational agencies under this title shall 

12 be used to supplement not supplant funding provided by 

13 the State for activities authorized under this title or for 

14 other educational activities. 

15 (g) NEW SERVICES AND ACTIVITIES.—Grant funds 

16 provided under this title may be used only to provide serv17 ices and activities authorized under this title that were not 

18 provided on the day before the date of enactment of this 

19 Act. 

20 (h) REALLOTMENT.—If a State educational agency 

21 does not apply for funding under this title, the Secretary 

22 shall reallot the State educational agency’s allotment to 

23 the remaining eligible State educational agencies. 
45 

•S 1061 PCS

1 (i) RESERVATIONS.—Of the funds appropriated 

2 under section 206 for each fiscal year, the Secretary shall 

3 reserve— 

4 (1) 2 percent for the Bureau of Indian Affairs 

5 to carry out the authorized activities described in 

6 section 205(c); and 

7 (2) 3 percent for national activities that sup8 port the programs assisted under this title, except 

9 that the Secretary shall not use such reserved funds 

10 to award grants directly to local educational agen11 cies. 

12 SEC. 205. SUBGRANTS TO ELIGIBLE LOCAL EDUCATIONAL 

13 AGENCIES. 

14 (a) SUBGRANTS AUTHORIZED.—From amounts made 

15 available under section 204(e)(1), a State educational 

16 agency shall award subgrants to eligible local educational 

17 agencies having applications approved under subsection 

18 (b) to enable the eligible local educational agencies to 

19 carry out the authorized activities described in subsection 

20 (c). 

21 (b) APPLICATIONS.— 

22 (1) IN GENERAL.—Each eligible local edu23 cational agency desiring a subgrant under this title 

24 shall submit an application to the State educational 

25 agency in the form and according to the schedule es-
46 

•S 1061 PCS

1 tablished by the State educational agency. Each 

2 such application shall describe how the eligible local 

3 educational agency will— 

4 (A) hire a sufficient number of highly 

5 qualified academic counselors to develop per6 sonal plans for all students in such students’ 

7 first year of secondary school, with a ratio of 1 

8 academic counselor to not more than 150 stu9 dents in each secondary school served under the 

10 subgrant; 

11 (B) provide adequate resources to each 

12 such school to offer the supplemental and other 

13 support services that the implementation of stu14 dents’ personal plans require, and provide such 

15 supplemental services, where possible, through 

16 coordination with Federal TRIO programs 

17 under chapter 1 of subpart 2 of part A of title 

18 IV of the Higher Education Act of 1965 (20 

19 U.S.C. 1070a–11 et seq.), Gear Up programs 

20 under chapter 2 of such subpart (20 U.S.C. 

21 1070a–21 et seq.), programs under title I of the 

22 Elementary and Secondary Education Act of 

23 1965 (20 U.S.C. 6301 et seq.), 21st Century 

24 Community Learning Centers under part B of 

25 title IV of the Elementary and Secondary Edu-
47 

•S 1061 PCS

1 cation Act of 1965 (20 U.S.C. 7171 et seq.), 

2 programs under the Individuals with Disabil3 ities Education Act (20 U.S.C. 1400 et seq.) (in 

4 accordance with students’ individualized edu5 cation programs), and programs under the Carl 

6 D. Perkins Vocational and Technical Education 

7 Act of 1998 (20 U.S.C. 2301 et seq.); 

8 (C) include parents in the development and 

9 implementation of students’ personal plans; and 

10 (D) provide staff at each such school with 

11 opportunities for appropriate professional devel12 opment and coordination to help the staff sup13 port students in implementing the students’ 

14 personal plans. 

15 (2) CONSORTIA.—An eligible local educational 

16 agency may apply to the State educational agency 

17 for a subgrant as a consortium, if each member of 

18 the consortium is an eligible local educational agen19 cy. 

20 (c) AUTHORIZED ACTIVITIES.—Each eligible local 

21 educational agency receiving a subgrant under this title 

22 shall use the subgrant funds to provide the following serv23 ices: 

24 (1) Hiring academic counselors (at a ratio of 

25 not less than 1 counselor per 150 students) to de-
48 

•S 1061 PCS

1 velop the 6-year personal plans for all students in 

2 such students’ first year of secondary school and co3 ordinate the services required to implement such 

4 personal plans. Such academic counselors shall— 

5 (A) work with students and their families 

6 to develop an individual plan that will define 

7 such students’ career and education goals, as8 sure enrollment in the coursework necessary for 

9 on-time graduation and preparation for career 

10 development or postsecondary education, and 

11 identify the courses and supplemental services 

12 necessary to meet those goals; 

13 (B) advocate for students, helping the stu14 dents to access the services and supports nec15 essary to achieve the goals laid out in the per16 sonal plan for the student; 

17 (C) assure student access to services, both 

18 academic and nonacademic, needed to lower 

19 barriers to succeed as needed; 

20 (D) assess student progress on a regular 

21 basis; 

22 (E) work with school and eligible local edu23 cational agency administrators to promote re24 forms based on student needs and performance 

25 data; 
49 

•S 1061 PCS

1 (F) involve parents or caregivers, including 

2 those parents or caregivers who are limited 

3 English proficient, and teachers, in the develop4 ment of students’ personal plans to ensure the 

5 support and assistance of the parents, care6 givers, and teachers in meeting the goals out7 lined in such personal plans; and 

8 (G) communicate to students and their 

9 families the importance of implementing the 2 

10 years of the personal plan following secondary 

11 school graduation, and work with institutions of 

12 higher education to help students transition 

13 successfully and fully implement the students’ 

14 personal plans. 

15 (2) Determining the academic needs of all stu16 dents entering grade 9 and identifying barriers to 

17 success. 

18 (3) Ensuring availability of the services nec19 essary for the implementation of students’ personal 

20 plans, including access to a college preparatory cur21 riculum and advanced placement or international 

22 baccalaureate courses. 

23 (4) Where appropriate, modifying the cur24 riculum at a secondary school receiving subgrant 
50 

•S 1061 PCS

1 funds under this title to address the instructional re2 quirements of students’ personal plans. 

3 (5) Providing for the ongoing assessment of 

4 students for whom personal plans have been devel5 oped and modifying such personal plans as nec6 essary. 

7 (6) Coordinating the services offered with 

8 subgrant funds received under this title with other 

9 Federal, State, and local funds, including programs 

10 authorized under title I of the Elementary and Sec11 ondary Education Act of 1965 (20 U.S.C. 6301 et 

12 seq.), sections 402A and 404A of the Higher Edu13 cation Act of 1965 (20 U.S.C. 1070a–11 and 

14 1070a–21), the Individuals with Disabilities Edu15 cation Act (20 U.S.C. 1400 et seq.) (in accordance 

16 with students’ individualized education programs), 

17 and the Carl D. Perkins Vocational and Technical 

18 Education Act of 1998 (20 U.S.C. 2301 et seq.). 

19 (d) ELIGIBLE LOCAL EDUCATIONAL AGENCY PRI20 ORITY.—In awarding subgrants to eligible local edu21 cational agencies, a State educational agency shall give 

22 priority to eligible local educational agencies with— 

23 (1) the largest number or percentage of stu24 dents in grades 6 through 12 reading below grade 

25 level; or 
51 

•S 1061 PCS

1 (2) the lowest graduation rates as described in 

2 section 1111(b)(2)(C)(vi) of the Elementary and 

3 Secondary Education Act of 1965 (20 U.S.C. 

4 6311(b)(2)(C)(vi)). 

5 (e) SCHOOL PRIORITY.—In awarding subgrant funds 

6 to secondary schools, an eligible local educational agency 

7 shall give priority to secondary schools that— 

8 (1) have the highest percentages or numbers of 

9 students in grades 6 through 12 reading below grade 

10 level; 

11 (2) have the highest percentages or numbers of 

12 children living below the poverty line according to 

13 census figures; or 

14 (3) have the lowest graduation rates as de15 scribed in section 1111(b)(2)(C)(vi) of the Elemen16 tary and Secondary Education Act of 1965 (20 

17 U.S.C. 6311(b)(2)(C)(vi)). 

18 (f) MINIMUM SUBGRANT AMOUNT.—Each eligible 

19 local educational agency receiving a subgrant under this 

20 title for a fiscal year shall receive a minimum subgrant 

21 amount that bears the same relation to the amount of 

22 funds made available to the State educational agency 

23 under section 204(e)(1) as the amount the eligible local 

24 educational agency received under part A of title I of the 

25 Elementary and Secondary Education Act of 1965 (20 
52 

•S 1061 PCS

1 U.S.C. 6311 et seq.) for the preceding fiscal year bears 

2 to the amount received by all eligible local educational 

3 agencies in the State under such part for the preceding 

4 fiscal year. 

5 (g) SUFFICIENT SIZE AND SCOPE.—Subgrants under 

6 this section shall be of sufficient size and scope to enable 

7 eligible local educational agencies to fully implement ac8 tivities assisted under this title. 

9 (h) SUPPLEMENT NOT SUPPLANT.—Each eligible 

10 local educational agency receiving a subgrant under this 

11 section shall use the subgrant funds to supplement not 

12 supplant funding for activities authorized under this title 

13 or for other educational activities. 

14 (i) NEW SERVICES AND ACTIVITIES.—Subgrant 

15 funds provided under this section may be used only to pro16 vide services and activities authorized under this section 

17 that were not provided on the day before the date of enact18 ment of this Act. 

19 SEC. 206. AUTHORIZATION OF APPROPRIATIONS. 

20 For the purposes of carrying out this title, there are 

21 authorized to be appropriated $2,000,000,000 for fiscal 

22 year 2006 and such sums as may be necessary for each 

23 of the 5 succeeding fiscal years. 
53 

•S 1061 PCS

1 TITLE III—FOSTERING SUCCESS2 FUL SECONDARY SCHOOLS 

3 SEC. 301. FINDINGS. 

4 Congress makes the following findings: 

5 (1) Personalization of the school environment 

6 has been proven to be an essential factor in helping 

7 low-performing secondary school students succeed. 

8 (2) Effective schools provide ongoing, high-qual9 ity professional development for teachers and admin10 istrators to improve instruction. 

11 (3) Student success is dependent upon align12 ment of curriculum, instruction, and assessment. 

13 (4) Successful schools adapt instruction to the 

14 unique interests and talents of each student. 

15 (5) Successful schools have high expectations 

16 for all students and offer a rigorous curriculum for 

17 the entire student body. 

18 (6) Ongoing assessment is the best way to 

19 measure how each student is learning and respond20 ing to the teacher’s instructional methods. 

21 (7) Effective secondary schools have access to, 

22 and utilize, data related to student performance 

23 prior to, and following, secondary school enrollment. 

24 (8) Despite significant increases to the pro25 gram, only about 7 percent of funding for title I of 
54 

•S 1061 PCS

1 the Elementary and Secondary Education Act of 

2 1965 (20 U.S.C. 6301 et seq.) goes to secondary 

3 schools. 

4 (9) Every year, 1,300,000 students do not 

5 graduate with their peers, which means every school 

6 day, our Nation loses 7,000 students. 

7 (10) Nationally, of 100 ninth-graders, only 68 

8 will graduate from high school on time, only 38 will 

9 directly enter college, only 26 will still be enrolled 

10 for the sophomore year, and only 18 will end up 

11 graduating from college. The numbers for minority 

12 students are even lower. 

13 (11) Even secondary school graduates going on 

14 to college are struggling with basic literacy skills, 

15 with 40 percent of all 4-year college students taking 

16 a remedial course and 63 percent of all community 

17 college students assigned to at least 1 remedial 

18 course. 

19 SEC. 302. PURPOSES. 

20 It is the purpose of this title to implement research21 based programs, practices, and models that will improve 

22 student achievement in low performing secondary schools. 

23 SEC. 303. DEFINITIONS. 

24 In this title: 
55 

•S 1061 PCS

1 (1) IN GENERAL.—The terms ‘‘institution of 

2 higher education’’, ‘‘local educational agency’’, ‘‘sec3 ondary school’’, ‘‘Secretary’’, and ‘‘State educational 

4 agency’’ have the meanings given the terms in sec5 tion 9101 of the Elementary and Secondary Edu6 cation Act of 1965 (20 U.S.C. 7801). 

7 (2) ELIGIBLE LOCAL EDUCATIONAL AGENCY.— 

8 The term ‘‘eligible local educational agency’’ means 

9 a local educational agency that has jurisdiction over 

10 not less than 1 eligible secondary school. 

11 (3) ELIGIBLE PARTNERSHIP.—The term ‘‘eligi12 ble partnership’’ means— 

13 (A) an eligible local educational agency in 

14 partnership with a regional educational labora15 tory, an institution of higher education, or an16 other nonprofit institution with significant expe17 rience in implementing and evaluating edu18 cation reforms; or 

19 (B) a consortium of eligible secondary 

20 schools or eligible local educational agencies, 

21 each of which is an eligible entity described in 

22 subparagraph (A). 

23 (4) ELIGIBLE SECONDARY SCHOOL.—The term 

24 ‘‘eligible secondary school’’ means a secondary school 

25 identified for school improvement under section 
56 

•S 1061 PCS

1 1116(b) of the Elementary and Secondary Edu2 cation Act of 1965 (20 U.S.C. 6316(b)), as of the 

3 day preceding the date of enactment of the Path4 ways for All Students to Succeed Act. 

5 (5) STATE.—The term ‘‘State’’ means each of 

6 the several States of the United States, the District 

7 of Columbia, the Commonwealth of Puerto Rico, the 

8 United States Virgin Islands, Guam, American 

9 Samoa, and the Commonwealth of the Northern 

10 Mariana Islands. 

11 SEC. 304. PROGRAM AUTHORIZED; AUTHORIZATION OF AP12 PROPRIATIONS. 

13 (a) PROGRAM AUTHORIZED.—The Secretary is au14 thorized to award grants to State educational agencies, 

15 from allotments under section 305(b), to enable the State 

16 educational agencies to award subgrants to eligible local 

17 educational agencies, from allocations under section 

18 305(c)(2), to promote secondary school improvement and 

19 student achievement. 

20 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

21 are authorized to be appropriated to carry out this title 

22 $500,000,000 for fiscal year 2006 and such sums as may 

23 be necessary for each of the 5 succeeding fiscal years. 
57 

•S 1061 PCS

1 SEC. 305. RESERVATIONS, STATE ALLOTMENTS, AND LOCAL 

2 ALLOCATIONS. 

3 (a) RESERVATIONS.—From funds appropriated 

4 under section 304(b) for a fiscal year the Secretary shall 

5 reserve— 

6 (1) 2 percent for schools funded or supported 

7 by the Bureau of Indian Affairs to carry out the 

8 purposes of this title for Indian children; 

9 (2) 3 percent to carry out national activities in 

10 support of the purposes of this title; and 

11 (3) 95 percent for allotment to the States in ac12 cordance with subsection (b). 

13 (b) ALLOTMENT TO STATES.— 

14 (1) IN GENERAL.—From funds reserved under 

15 subsection (a)(3) for a fiscal year, the Secretary 

16 shall make an allotment to each State educational 

17 agency in an amount that bears the same relation18 ship to the funds as the number of schools in that 

19 State that have been identified for school improve20 ment under section 1116(b) of the Elementary and 

21 Secondary Education Act of 1965 (20 U.S.C. 

22 6316(b)), bears to the number of schools in all 

23 States that have been identified for school improve24 ment under such section 1116(b). 

25 (2) REALLOTMENT.—The portion of any State 

26 educational agency’s allotment that is not used by 
58 

•S 1061 PCS

1 the State educational agency shall be reallotted 

2 among the remaining State educational agencies on 

3 the same basis as the original allotments were made 

4 under paragraph (1). 

5 (c) ALLOCATIONS TO ELIGIBLE LOCAL EDU6 CATIONAL AGENCIES.— 

7 (1) RESERVATIONS.—Each State educational 

8 agency receiving a grant under this title shall re9 serve— 

10 (A) not more than 10 percent of the grant 

11 funds— 

12 (i) for State-level activities to provide 

13 high-quality professional development and 

14 technical assistance to local educational 

15 agencies receiving funds under this title 

16 and to other local educational agencies as 

17 appropriate, including the dissemination 

18 and implementation of research-based pro19 grams, practices, and models for secondary 

20 school improvement; and 

21 (ii) to contract for the evaluation of 

22 all programs and activities in the State 

23 that are assisted under this title; and 

24 (B) not less than 90 percent of the grant 

25 funds to award subgrants to eligible local edu-
59 

•S 1061 PCS

1 cational agencies to enable the eligible local 

2 educational agencies to carry out the activities 

3 described in section 306. 

4 (2) LOCAL ALLOCATION.—From funds reserved 

5 under paragraph (1)(B), the State educational agen6 cy shall allocate to each eligible local educational 

7 agency in the State an amount that bears the same 

8 relation to such funds as the number of secondary 

9 schools that have been identified for school improve10 ment under section 1116(b) of the Elementary and 

11 Secondary Education Act of 1965 (20 U.S.C. 

12 6316(b)), that are served by the eligible local edu13 cational agency, bears to the number of such schools 

14 served by all eligible local educational agencies in the 

15 State. 

16 SEC. 306. LOCAL USES OF FUNDS. 

17 Each eligible local educational agency receiving a 

18 subgrant under this title shall use the subgrant funds for 

19 activities to improve secondary schools that have been 

20 identified for school improvement under section 1116(b) 

21 of the Elementary and Secondary Education Act of 1965 

22 (20 U.S.C. 6316(b)), such as— 

23 (1) developing and implementing research-based 

24 programs or models that have been shown to raise 

25 achievement among secondary school students, in-
60 

•S 1061 PCS

1 cluding smaller learning communities, adolescent lit2 eracy programs, block scheduling, whole school re3 forms, individualized learning plans, personalized 

4 learning environments, and strategies to target stu5 dents making the transition from middle school to 

6 secondary school; 

7 (2) promoting community investment in school 

8 quality by engaging parents, businesses, and commu9 nity-based organizations in the development of re10 form plans for eligible secondary schools; 

11 (3) researching, developing, and implementing a 

12 school district strategy to create smaller learning 

13 communities for secondary school students, both by 

14 creating smaller learning communities within exist15 ing secondary schools, and by developing new, small16 er, and more personalized secondary schools; 

17 (4) providing professional development for 

18 school staff in research-based practices, such as 

19 interactive instructional strategies and opportunities 

20 to connect learning with experience; and 

21 (5) providing professional development and 

22 leadership training for principals and other school 

23 leaders in the best practices of instructional leader24 ship and implementing school reforms to raise stu25 dent achievement. 
61 

•S 1061 PCS

1 SEC. 307. APPLICATIONS. 

2 (a) STATES.—Each State educational agency desiring 

3 a grant under this title shall submit to the Secretary an 

4 application at such time, in such manner, and containing 

5 such information as the Secretary may require to ensure 

6 compliance with the requirements of this title. 

7 (b) ELIGIBLE LOCAL EDUCATIONAL AGENCIES.— 

8 Each eligible local educational agency desiring a subgrant 

9 under this title shall submit to the State educational agen10 cy an application at such time, in such manner, and con11 taining such information as the State educational agency 

12 may require to ensure compliance with the requirements 

13 of this title. Each such application shall describe how the 

14 eligible local educational agency will form an eligible part15 nership to carry out the activities assisted under this title. 

16 SEC. 308. EVALUATIONS. 

17 In cooperation with the State educational agencies re18 ceiving funds under this title, the Secretary shall under19 take or contract for a rigorous evaluation of the effective20 ness and success of activities conducted under this title. 

21 TITLE IV—DATA CAPACITY 

22 SEC. 401. GRANTS FOR INCREASING DATA CAPACITY FOR 

23 PURPOSES OF ASSESSMENT AND ACCOUNT24 ABILITY. 

25 (a) PROGRAM AUTHORIZED.—From funds appro26 priated under subsection (e) for a fiscal year, the Sec-
62 

•S 1061 PCS

1 retary may award grants, on a competitive basis, to State 

2 educational agencies to enable the State educational agen3 cies to develop or increase the capacity of data systems 

4 for assessment and accountability purposes, including the 

5 collection of graduation rates. 

6 (b) APPLICATION.—Each State educational agency 

7 desiring a grant under this section shall submit an appli8 cation to the Secretary at such time, in such manner, and 

9 containing such information as the Secretary may require. 

10 (c) USE OF FUNDS.—Each State educational agency 

11 that receives a grant under this section shall use the grant 

12 funds for the purpose of— 

13 (1) increasing the capacity of, or creating, State 

14 databases to collect, disaggregate, and report infor15 mation related to student achievement, enrollment, 

16 and graduation rates for assessment and account17 ability purposes; and 

18 (2) reporting, on an annual basis, for the ele19 mentary schools and secondary schools within the 

20 State, on— 

21 (A) the enrollment data from the begin22 ning of the academic year; 

23 (B) the enrollment data from the end of 

24 the academic year; and 

25 (C) the twelfth grade graduation rates. 
63 

•S 1061 PCS

1 (d) DEFINITIONS.—In this section: 

2 (1) GRADUATION RATE.—The term ‘‘graduation 

3 rate’’ means the percentage that— 

4 (A) the total number of students who— 

5 (i) graduate from a secondary school 

6 with a regular diploma (which shall not in7 clude the recognized equivalent of a sec8 ondary school diploma or an alternative de9 gree) in an academic year; and 

10 (ii) graduated on time by progressing 

11 1 grade per academic year; represents of 

12 (B) the total number of students who en13 tered the secondary school in the entry level 

14 academic year applicable to the graduating stu15 dents. 

16 (2) STATE EDUCATIONAL AGENCY.—The term 

17 ‘‘State educational agency’’ has the meaning given 

18 such term in section 9101 of the Elementary and 

19 Secondary Education Act of 1965 (20 U.S.C. 7801). 

20 (3) SECRETARY.—The term ‘‘Secretary’’ means 

21 the Secretary of Education. 

22 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

23 are authorized to be appropriated to carry out this section 

24 $50,000,000 for fiscal year 2006, and such sums as may 

25 be necessary for each of the 2 succeeding fiscal years. 
Calendar No. 108 

109TH CONGRESS 

1ST SESSION S. 1061 

A BILL 

To provide for secondary school reform, and for 

other purposes. 

MAY 19, 2005 

Read the second time and placed on the calendar