II 

112TH CONGRESS 

1ST SESSION S. 1306 

To provide for secondary school reform. 

IN THE SENATE OF THE UNITED STATES 

JUNE 30, 2011 

Mrs. HAGAN (for herself, Mr. WHITEHOUSE, Mrs. MURRAY, and Mr. KOHL) 

introduced the following bill; which was read twice and referred to the 

Committee on Health, Education, Labor, and Pensions 

A BILL 

To provide for secondary school reform. 

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 ‘‘Secondary School Re5 form Act of 2011’’. 

6 SEC. 2. SECONDARY SCHOOL REFORM. 

7 (a) PURPOSE.—The purpose of this section is to en8 sure students graduate from secondary school with the 

9 knowledge and skills needed to succeed in college and the 

10 workforce and to increase graduation rates by providing 

11 grants to eligible entities to provide schools with the necVerDate Mar 15 2010 23:11 Jul 05, 2011 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1306.IS S1306

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1 essary resources to implement innovative and effective sec2 ondary school reform strategies. 

3 (b) DEFINITIONS.—In this section: 

4 (1) COMPETENCY-BASED LEARNING MODEL.— 

5 The term ‘‘competency-based learning model’’ means 

6 an educational model in which students advance 

7 upon mastery, educators use explicit and measurable 

8 learning objectives to empower students, and assess9 ments are used as a learning experience for stu10 dents. 

11 (2) EFFECTIVE SECONDARY SCHOOL REFORM

12 STRATEGIES.—The term ‘‘effective secondary school 

13 reform strategies’’ means a set of programs, inter14 ventions, and activities with demonstrated effective15 ness in improving the academic achievement of 

16 struggling students or dropouts. 

17 (3) ELIGIBLE ENTITY.—The term ‘‘eligible enti18 ty’’ means a high-need local educational agency in 

19 partnership with 1 or more external partners. 

20 (4) ELIGIBLE SECONDARY SCHOOL.—The term 

21 ‘‘eligible secondary school’’ means a high school 

22 that— 

23 (A) is eligible for funds under part A of 

24 title I of the Elementary and Secondary Edu25 cation Act of 1965 (20 U.S.C. 6311 et seq.); 


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1 (B) has a graduation rate below 75 per2 cent; 

3 (C) does not receive grant funds under sec4 tion 1003(g) of the Elementary and Secondary 

5 Education Act of 1965 (20 U.S.C. 6303(g)); 

6 and 

7 (D) is identified as in need of improvement 

8 by a local educational agency based on a dis9 trict-wide needs analysis and capacity assess10 ment. 

11 (5) EXTERNAL PARTNER.—The term ‘‘external 

12 partner’’ means a public or private nonprofit organi13 zation, public or private nonprofit institution of 

14 higher education, or nonprofit charter management 

15 organization, with a demonstrated record of success16 ful secondary school reform. 

17 (6) FEEDER MIDDLE SCHOOL.—The term 

18 ‘‘feeder middle school’’ means an elementary school 

19 or secondary school ending in grade 8 from which a 

20 majority of students go on to attend an eligible sec21 ondary school. 

22 (7) SECRETARY.—The term ‘‘Secretary’’ means 

23 the Secretary of Education. 

24 (8) STRUGGLING STUDENT.—The term ‘‘strug25 gling student’’ means a student who exhibits outVerDate Mar 15 2010 23:11 Jul 05, 2011 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1306.IS S1306

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1 comes or behaviors that indicate the student is at an 

2 increased risk for low academic achievement and is 

3 unlikely to achieve secondary school graduation in 

4 the standard number of years. 

5 (c) GRANTS AUTHORIZED.— 

6 (1) IN GENERAL.— 

7 (A) RESERVATION.— 

8 (i) IN GENERAL.—From the total 

9 amount of funds appropriated to carry out 

10 this section for a fiscal year, the Secretary 

11 may reserve not more than 2.5 percent for 

12 national activities, which the Secretary 

13 shall use for technical assistance, data col14 lection and dissemination, reporting activi15 ties, and the evaluation described in clause 

16 (ii). 

17 (ii) EVALUATION.—From the amount 

18 reserved under clause (i), the Director of 

19 the Institute of Education Sciences shall 

20 conduct an evaluation of the impact of the 

21 activities carried out under this section. 

22 (B) GRANTS.—From the total amount of 

23 funds appropriated to carry out this section for 

24 a fiscal year and not reserved under subpara25 graph (A), the Secretary shall award grants, on 


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1 a competitive basis, to eligible entities, based on 

2 the quality of the applications submitted, of 

3 which— 

4 (i) not more than 25 percent of grant 

5 funds shall be used for activities described 

6 in subsection (e)(1); and 

7 (ii) not less than 75 percent of grant 

8 funds shall be used for activities described 

9 in paragraphs (2) and (3) of subsection (e) 

10 and subsection (f). 

11 (2) GRANT DURATION.—Grants awarded under 

12 this section shall be for a period of 5 years, condi13 tional after 3 years on satisfactory progress on the 

14 performance indicators described in subsection 

15 (d)(2)(E). 

16 (3) ANNUAL REPORT.—Each eligible entity that 

17 receives a grant under this section shall submit to 

18 the Secretary, at such time and in such manner as 

19 the Secretary may require, an annual report includ20 ing data on the entity’s progress on the performance 

21 indicators described in subsection (d)(2)(E). 

22 (d) APPLICATION.— 

23 (1) IN GENERAL.—An eligible entity that de24 sires a grant under this section shall submit an ap25 plication to the Secretary at such time, in such manVerDate Mar 15 2010 23:11 Jul 05, 2011 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1306.IS S1306

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1 ner, and containing such information as the Sec2 retary may reasonably require. 

3 (2) CONTENTS.—Each application submitted 

4 under paragraph (1) shall include, at a minimum, a 

5 description of the following: 

6 (A) How the eligible entity will use funds 

7 awarded under this section to carry out the ac8 tivities described in subsection (e)(1). 

9 (B) The external partner’s capacity and 

10 record of success in secondary school reform 

11 and how the eligible entity will sustain the ac12 tivities proposed, including the availability of 

13 funds from non-Federal sources and coordina14 tion with other funding sources. 

15 (C) How the eligible entity conducted a 

16 comprehensive needs analysis and capacity as17 sessment of the secondary schools served by the 

18 eligible entity to identify eligible secondary 

19 schools. The needs analysis and capacity assess20 ment shall carry out the following: 

21 (i) Examine each secondary school’s 

22 data in the aggregate and disaggregated by 

23 each of the categories of students described 

24 in section 1111(b)(2)(C)(v)(II) of the Ele25 mentary and Secondary Education Act of 


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1 1965 (20 U.S.C. 6311(b)(2)(C)(v)(II)) on 

2 the following: 

3 (I) Graduation rate and charac4 teristics of those students that are not 

5 graduating, including such students’ 

6 attendance, behavior, suspension 

7 rates, course performance, and credit 

8 accumulation rates. 

9 (II) Rates of dropout recovery 

10 (re-entry). 

11 (III) Rates of college remedi12 ation, enrollment, persistence, and 

13 completion. 

14 (IV) Performance with respect to 

15 measures of career success. 

16 (ii) Examine each secondary school 

17 and feeder middle school’s data in the ag18 gregate, and disaggregated by each of the 

19 categories of students described in section 

20 1111(b)(2)(C)(v)(II) of the Elementary 

21 and Secondary Education Act of 1965 (20 

22 U.S.C. 6311(b)(2)(C)(v)(II)), as applica23 ble, on the following: 

24 (I) Student academic achieve25 ment, including the percentage of stuVerDate Mar 15 2010 23:11 Jul 05, 2011 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1306.IS S1306

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1 dents who have on-time credit accu2 mulation at the end of each grade and 

3 the percent of students failing a core, 

4 credit-bearing, reading or language 

5 arts, science, or mathematics course, 

6 or failing 2 or more of any courses. 

7 (II) Percent of students who have 

8 an attendance rate lower than 90 per9 cent. 

10 (III) Annual rates of expulsions, 

11 suspensions, school violence, harass12 ment, and bullying. 

13 (IV) Annual, average credit accu14 mulation. 

15 (V) Annual, average attendance 

16 rates. 

17 (VI) Annual rates of student mo18 bility. 

19 (VII) Curriculum alignment 

20 across all grade levels. 

21 (VIII) Non-academic barriers 

22 that impact student achievement and 

23 the availability of student and aca24 demic support services to address 

25 those barriers. 


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1 (iii) Examine and include a descrip2 tion of each eligible secondary school’s ca3 pacity to implement the school reform ac4 tivities under subsection (e)(3), includ5 ing— 

6 (I) the number, experience, train7 ing level, responsibilities, and stability 

8 of existing administrative, instruc9 tional, and non-instructional staff for 

10 the eligible secondary school; 

11 (II) the budget, including how 

12 Federal, State, and local funds are 

13 being spent, as of the time of the as14 sessment, for instruction and oper15 ations at the school level for staff sal16 aries, instructional materials, profes17 sional development, and student sup18 port services, in order to establish the 

19 extent to which existing resources 

20 need to and can be reallocated to sup21 port the needed eligible secondary 

22 school activities; and 

23 (III) the technical assistance, ad24 ditional resources, and staff necessary 


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1 to implement the activities identified 

2 in subsection (e). 

3 (iv) Include an assessment of the eli4 gible entity’s capacity to provide technical 

5 assistance, additional staff, and resources 

6 to implement the activities described in 

7 subsection (e). 

8 (D) The strategies chosen to be imple9 mented at the eligible secondary schools, includ10 ing— 

11 (i) a rationale for reform strategies 

12 selected for each of the eligible secondary 

13 schools, including how the chosen strategy 

14 will most effectively address the needs 

15 identified through the needs analysis; 

16 (ii) each eligible secondary school’s ca17 pacity to implement the chosen reform 

18 strategies, including the quality of external 

19 partners and the qualifications of school 

20 leaders; and 

21 (iii) a description of the performance 

22 of the eligible secondary schools and feeder 

23 middle schools, including the information 

24 requested in clauses (i) and (ii) of subpara25 graph (C). 


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1 (E) The performance indicators and tar2 gets the eligible entity will use to assess the ef3 fectiveness of the activities implemented under 

4 this section and to determine whether the eligi5 ble secondary schools and feeder middle schools 

6 will receive funds in years 4 and 5, including, 

7 in the aggregate and disaggregated by each of 

8 the categories of students described in section 

9 1111(b)(2)(C)(v)(II) of the Elementary and 

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

11 6311(b)(2)(C)(v)(II)), as applicable, includ12 ing— 

13 (i) graduation rates; 

14 (ii) dropout recovery (re-entry) rates; 

15 (iii) percentage of students with not 

16 less than a 90 percent attendance rate; 

17 (iv) percentage of students who have 

18 on-time credit accumulation at the end of 

19 each grade and the percentage of students 

20 failing a core, credit-bearing, reading or 

21 language arts, science, or mathematics 

22 course, or failing 2 or more of any courses; 

23 (v) average annual credit accumula24 tion rates; 


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1 (vi) rates of expulsions, suspensions, 

2 school violence, harassment, and bullying; 

3 (vii) annual, average attendance rates; 

4 (viii) annual rates of student mobility; 

5 (ix) college remediation, enrollment, 

6 persistence, and completion rates; and 

7 (x) percentage of students success8 fully— 

9 (I) completing Advanced Place10 ment (AP) or International Bacca11 laureate (IB) courses; 

12 (II) completing rigorous postsec13 ondary education courses; or 

14 (III) enrolling in and completing, 

15 as applicable, career and technical 

16 education, registered apprenticeship 

17 and workforce training programs. 

18 (e) REQUIRED USES OF FUNDS.— 

19 (1) IN GENERAL.—An eligible entity that re20 ceives a grant under this section shall use the grant 

21 funds to— 

22 (A) implement an early warning indicator 

23 and intervention system to help all middle 

24 schools and high schools served by the eligible 

25 entity’s local educational agency to identify 


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1 struggling students and to create a system of 

2 evidence-based interventions to be used by all 

3 schools to effectively intervene, by— 

4 (i) identifying and analyzing, through 

5 the use of longitudinal data of past cohorts 

6 of students, the academic and behavioral 

7 indicators that most reliably predict drop8 ping out of secondary school, such as at9 tendance, behavior, academic performance 

10 in core courses, and earned on time pro11 motion from grade-to-grade; 

12 (ii) analyzing the distribution of 

13 struggling students in secondary schools 

14 across all grades; 

15 (iii) analyzing student progress and 

16 performance on the indicators identified 

17 under clause (i) to guide decisionmaking; 

18 (iv) analyzing academic indicators to 

19 determine whether students are on track 

20 for on-time secondary school graduation 

21 and college and career readiness; 

22 (v) analyzing student data to assist 

23 students in grade and school transitions 

24 from kindergarten through high school 

25 graduation; and 


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1 (vi) developing a mechanism for regu2 larly collecting, reporting, and making ac3 cessible to all schools served by the eligible 

4 entity— 

5 (I) student-level data on the indi6 cators identified under clause (i); 

7 (II) student-level progress and 

8 performance, as described in clause 

9 (iii); 

10 (III) student-level data on the in11 dicators described in clause (iv); and 

12 (IV) information about the im13 pact of interventions on student out14 comes and progress; 

15 (B) provide support and credit recovery op16 portunities for struggling students at secondary 

17 schools served by the eligible entity by offering 

18 activities, such as— 

19 (i) a flexible school schedule to ad20 dress struggling students’ academic needs; 

21 (ii) competency-based learning models 

22 and performance-based assessments to im23 prove educational outcomes for over-aged 

24 or under-credited students; 


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1 (iii) an opportunity to work with a 

2 teacher in a small group on core academic 

3 subjects; and 

4 (iv) the provision of support services; 

5 (C) provide dropout recovery or re-entry 

6 programs to secondary schools that are de7 signed to encourage and support dropouts re8 turning to an educational system, program, or 

9 institution following an extended absence in 

10 order to obtain a regular secondary school di11 ploma and essential workforce skills by— 

12 (i) conducting outreach to students 

13 who have dropped out; 

14 (ii) making information about effec15 tive, local dropout recovery programs pub16 licly available; and 

17 (iii) providing school counseling serv18 ices; 

19 (D) provide evidence-based grade and 

20 school transition programs and supports from 

21 kindergarten through high school graduation, 

22 including by ensuring curricula alignment; and 

23 (E) provide school leaders, instructional 

24 staff, non-instructional staff, students, and 


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1 families with high-quality, easily accessible in2 formation about— 

3 (i) secondary school graduation re4 quirements; 

5 (ii) postsecondary education applica6 tion processes; 

7 (iii) admissions processes and require8 ments, including all public financial aid 

9 and private scholarship and other grant 

10 aid opportunities; and 

11 (iv) other programs and services for 

12 increasing rates of college access and suc13 cess for students from low-income families. 

14 (2) REQUIRED USE OF FUNDS IN FEEDER MID15 DLE SCHOOLS.—An eligible entity that receives a 

16 grant under this section shall use the grant funds in 

17 feeder middle schools to improve the academic 

18 achievement of their students and prepare them for 

19 rigorous secondary school course work by taking ac20 tions such as— 

21 (A) using early warning indicator and 

22 intervention systems described in paragraph 

23 (1)(A) to inform coordinated academic and be24 havioral supports to improve outcomes of their 

25 students; 


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1 (B) creating a personalized learning envi2 ronment by developing an academic plan for 

3 each student and assigning not less than 1 

4 adult to each student to help monitor student 

5 progress; 

6 (C) providing high-quality professional de7 velopment opportunities to school leaders, 

8 teachers, and other school staff to prepare staff 

9 to— 

10 (i) address the academic challenges of 

11 students in middle grades; 

12 (ii) understand the developmental 

13 needs of students in the middle grades and 

14 how to address them in an educational set15 ting; 

16 (iii) implement data-driven interven17 tions; and 

18 (iv) provide academic guidance to stu19 dents so the students can achieve the aca20 demic goals established in their academic 

21 plans; and 

22 (D) implementing organizational practices 

23 and school schedules that allow for collaborative 

24 staff participation, team teaching, and common 

25 instructional planning time. 


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1 (3) REQUIRED USE OF FUNDS IN ELIGIBLE

2 SECONDARY SCHOOLS.—An eligible entity that re3 ceives a grant under this section shall use the grant 

4 funds in eligible secondary schools to carry out the 

5 following: 

6 (A) Personalize the school experience by 

7 taking steps such as— 

8 (i) creating Academic Support Labs 

9 where struggling students can receive per10 sonalized instruction and opportunities for 

11 credit recovery; 

12 (ii) having small classes with a low 

13 teacher-student ratio; 

14 (iii) implementing competency-based 

15 models; 

16 (iv) providing ongoing monitoring of 

17 student academic achievement and the nec18 essary supports so the students are on 

19 track for on-time secondary school gradua20 tion and college and career readiness; or 

21 (v) cohort or block scheduling. 

22 (B) Increase student engagement by pro23 viding service-learning, experiential, and work24 based and other learning opportunities, such 

25 as— 


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1 (i) rigorous and relevant project-based 

2 contextual learning opportunities; 

3 (ii) internship opportunities, including 

4 work-based internships; 

5 (iii) community service, learning ap6 prenticeships, and job shadowing; and 

7 (iv) college campus visits, and college 

8 and career counseling. 

9 (C) Provide school leaders with autonomy 

10 through a flexible budget and hiring authority. 

11 (D) Implement high-quality professional 

12 development for teachers and school leadership 

13 teams and provide increased opportunities for 

14 teachers to work collaboratively and to partici15 pate in common planning, within and across 

16 grades and subjects, to improve instruction. 

17 (E) Improve curriculum and instruction, 

18 by taking actions such as— 

19 (i) implementing a college and career 

20 ready curriculum for all students; 

21 (ii) adopting effective, evidence-based 

22 curriculum and instructional materials 

23 aligned to high academic standards for all 

24 students; and 


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1 (iii) increasing rigor through Ad2 vanced Placement courses, International 

3 Baccalaureate courses, or another highly 

4 rigorous, evidence-based, postsecondary 

5 preparatory program culminating in an ex6 amination administered by a nationally 

7 recognized educational association, as ap8 proved by the Secretary. 

9 (F) Develop an individual graduation plan 

10 for each student that defines each student’s ca11 reer and postsecondary education goals, and 

12 provides the individualized evidence-based inter13 ventions necessary to meet the goals. 

14 (G) Implement 1 of the following effective 

15 secondary school reform strategies to prepare 

16 students for college and a career, and to im17 prove graduation rates: 

18 (i) Graduation Promise Academies, 

19 which include— 

20 (I) 9th grade academies taught 

21 by teams of teachers who work with 

22 small groups of students; 

23 (II) Career Academies for upper 

24 grades; 


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1 (III) extended learning periods, 

2 such as cohort or block scheduling, to 

3 reduce the number of students for 

4 whom teachers are responsible and 

5 the number of courses students are 

6 taking at any one time; 

7 (IV) an after-hours credit recov8 ery program; 

9 (V) curriculum coaches who pro10 vide high-quality professional develop11 ment and support; 

12 (VI) partnerships among parents, 

13 teachers, administrators, community14 based organizations, and community 

15 members focused on improving stu16 dent achievement; and 

17 (VII) a college-going culture, in18 cluding student supports and guid19 ance. 

20 (ii) Career Academies, which— 

21 (I) establish career pathways by 

22 implementing a college and career 

23 ready curriculum that integrates rig24 orous academics, career and technical 

25 education, and experiential learning 


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1 for high school students in high-skill, 

2 high-demand industries in collabora3 tion with local and regional employers; 

4 (II) provide counseling to ad5 vance students’ college and career 

6 goals; 

7 (III) collaborate with local em8 ployers to develop and provide work9 based experiences for high school stu10 dents; 

11 (IV) establish an advisory com12 mittee that includes local and regional 

13 employers, nonprofit institutions of 

14 higher education, and others, to assist 

15 in the Career Academies’ development 

16 and implementation; 

17 (V) modernize career-related 

18 equipment utilized by students; and 

19 (VI) provide dual enrollment op20 portunities with college credit-bearing 

21 courses, including accelerated certifi22 cate programs with community col23 leges or other industry-recognized cer24 tificates. 

25 (iii) Early College Schools, which— 


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1 (I) partner with 1 or more public 

2 or nonprofit institutions of higher 

3 education; 

4 (II) conduct outreach programs 

5 to ensure that middle school and high 

6 school students and their families are 

7 aware of the Early College Schools; 

8 (III) design curriculum and se9 quence of courses in collaboration 

10 with teachers from the eligible sec11 ondary school and faculty from the 

12 partner institution of higher education 

13 so that students may simultaneously 

14 earn credits towards a high school di15 ploma and either an associate degree 

16 or transferable postsecondary edu17 cation credits toward a postsecondary 

18 degree; 

19 (IV) coordinate secondary and 

20 postsecondary support services, aca21 demic calendars, and transportation 

22 to allow students to visit and take 

23 courses at the institutions of higher 

24 education; and 


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1 (V) provide academic and sup2 port services, including financial aid 

3 counseling, to enable students to make 

4 informed choices about their programs 

5 of study and ensure they are on track 

6 to college and career readiness. 

7 (f) ALLOWABLE USES OF FUNDS.—An eligible entity 

8 that receives a grant under this section may use grant 

9 funds to— 

10 (1) improve community and family engagement 

11 in the educational attainment and achievement of 

12 struggling students and dropouts by— 

13 (A) leveraging community-based services 

14 and opportunities to provide every student with 

15 the academic and other supports necessary for 

16 academic success; and 

17 (B) increasing family engagement by pro18 viding families with the necessary tools and 

19 data to support their children’s academic 

20 achievement and navigate the public school sys21 tem; 

22 (2) provide extended learning opportunities, 

23 such as— 


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1 (A) redesigning the school day, week, or 

2 year to create extended learning time in core 

3 subjects; or 

4 (B) utilizing block scheduling to create 

5 longer class periods that allow teachers the time 

6 to teach in depth and to use a variety of in7 structional strategies that meet the needs of 

8 different kinds of learners; 

9 (3) increase student supports through evidence10 based use of student advisories, school counseling 

11 opportunities, case management, and one-on-one 

12 mentoring; and 

13 (4) create smaller learning communities. 

14 (g) MATCHING FUNDS.— 

15 (1) IN GENERAL.—An eligible entity that re16 ceives a grant under this section shall provide 

17 matching funds, from non-Federal sources, in an 

18 amount equal to not less than 20 percent of the 

19 amount of grant funds awarded in the first 3 years 

20 of the grant, not less than 50 percent of the amount 

21 awarded in the fourth year of the grant, and not less 

22 than 75 percent of the amount awarded in the fifth 

23 year of the grant, as applicable. 

24 (2) WAIVER.—The Secretary may waive all or 

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1 graph (1) for any fiscal year for an eligible entity if 

2 the Secretary determines that applying the matching 

3 requirement to such eligible entity would result in 

4 serious hardship or an inability to carry out the au5 thorized activities described in subsection (e). 

6 (h) SUPPLEMENT NOT SUPPLANT.—An eligible enti7 ty shall use Federal funds received under this section only 

8 to supplement the funds that would, in the absence of such 

9 Federal funds, be made available from other Federal and 

10 non-Federal sources for the activities described in this sec11 tion, and not to supplant such funds. 

12 (i) AUTHORIZATION OF APPROPRIATIONS.—There 

13 are authorized to be appropriated to carry out this Act 

14 $300,000,000 for fiscal year 2012 and such sums as may 

15 be necessary for each of the 5 succeeding fiscal years. 

Æ 


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