II 

112TH CONGRESS 

1ST SESSION S. 1654 

To establish an alternative accountability model. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 4, 2011 

Mr. UDALL of Colorado (for himself and Mr. BENNET) introduced the following bill; which was read twice and referred to the Committee on 

Health, Education, Labor, and Pensions 

A BILL 

To establish an alternative accountability model. 

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 ‘‘Growth to Excellence 

5 Act of 2011’’. 

6 SEC. 2. ACCOUNTABILITY MODEL. 

7 Section 1111(b) of the Elementary and Secondary 

8 Education Act of 1965 (20 U.S.C. 6311(b)) is amended— 

9 (1) in paragraph (3), by adding at the end the 

10 following: 


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1 ‘‘(E) ASSESSMENTS ABOVE AND BELOW

2 GRADE LEVEL.— 

3 ‘‘(i) IN GENERAL.—Notwithstanding 

4 any other requirement of this paragraph, a 

5 State may carry out this paragraph 

6 through the use of adaptive assessments 

7 that— 

8 ‘‘(I) are administered through a 

9 computerized means; 

10 ‘‘(II) are aligned with grade-level 

11 academic content standards; and 

12 ‘‘(III) measure academic growth 

13 above and below grade level. 

14 ‘‘(ii) REQUIREMENTS FOR ADAPTIVE

15 ASSESSMENTS.—For the results of any 

16 adaptive assessment to be included in the 

17 accountability model described under para18 graph (12), such results must provide the 

19 information necessary to determine ade20 quate student growth in accordance with 

21 paragraph (12)(C)(i).’’; and 

22 (2) by adding at the end the following: 

23 ‘‘(11) CRITERIA AND IMPLEMENTATION OF AC24 COUNTABILITY MODEL.— 

25 ‘‘(A) IN GENERAL.— 


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1 ‘‘(i) TRANSITIONAL PARTICIPATION.— 

2 Prior to a State’s adoption of college and 

3 career ready academic content standards 

4 and college and career ready assessments, 

5 as defined in subparagraphs (B) and (C) 

6 of paragraph (13), a State may apply to 

7 the Secretary to replace the State plan re8 quirements under paragraph (2) with the 

9 accountability requirements under para10 graph (12). 

11 ‘‘(ii) REQUIRED PARTICIPATION.— 

12 After the adoption of college and career 

13 ready academic content standards and col14 lege and career ready assessments, as de15 fined in subparagraphs (B) and (C) of 

16 paragraph (13) and required under this 

17 subsection— 

18 ‘‘(I) a State shall comply with 

19 this paragraph and paragraph (12) in 

20 lieu of paragraph (2); and 

21 ‘‘(II) references in this Act to 

22 section 1111(b)(2) shall be deemed to 

23 be references to this paragraph and 

24 paragraph (12). 


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1 ‘‘(B) CRITERIA.—A State that participates 

2 in the accountability model described in para3 graph (12) shall carry out the following activi4 ties: 

5 ‘‘(i) Implement challenging college 

6 and career ready academic content stand7 ards, as defined in paragraph (13)(B). 

8 ‘‘(ii) Implement college and career 

9 ready assessments, as defined in paragraph 

10 13(C). 

11 ‘‘(iii) For a secondary school, measure 

12 graduation rates as defined in section 

13 200.19(b)(1) of title 34, Code of Federal 

14 Regulations. 

15 ‘‘(iv) Assess not less than 2 additional 

16 indicators of whether students are college 

17 and career ready, such as— 

18 ‘‘(I) student scores on the ACT; 

19 ‘‘(II) student scores on the SAT; 

20 ‘‘(III) the percentage of students 

21 who attend an institution of higher 

22 education; 

23 ‘‘(IV) college remediation rates; 


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1 ‘‘(V) results from Advance Place2 ment or International Baccalaureate 

3 exams; 

4 ‘‘(VI) student grade point aver5 ages at an institution of higher edu6 cation; or 

7 ‘‘(VII) rates of completion of the 

8 first year at an institution of higher 

9 education. 

10 ‘‘(v) Provide a comprehensive State 

11 system of accountability for schools that do 

12 not meet the standard for adequate stu13 dent growth, as described in paragraph 

14 (12), which aims to ensure that each stu15 dent is college and career ready before 

16 such student graduates from secondary 

17 school and which shall include, at a min18 imum— 

19 ‘‘(I) the evaluation of each school 

20 and each group of students described 

21 in paragraph (2)(C)(v)(II) against an22 nual progress targets described in 

23 subclauses (V) and (VI) of paragraph 

24 (12)(B)(i) that are aligned with the 

25 goal of ensuring that each student is 


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1 college and career ready before such 

2 student graduates from secondary 

3 school; 

4 ‘‘(II) a system of categorization 

5 that will group schools based on— 

6 ‘‘(aa) how the overall per7 formance of students, and the 

8 performance of each subgroup of 

9 students described in paragraph 

10 (2)(C)(v)(II), at such school com11 pares to each annual progress 

12 target described in subclauses 

13 (V) and (VI) of paragraph 

14 (12)(B)(i); and 

15 ‘‘(bb) if the school is a sec16 ondary school, how students at 

17 such school perform when meas18 ured against key indicators of 

19 college and career readiness, as 

20 described in clauses (iii) and (iv); 

21 ‘‘(III) supports and consequences 

22 for each school in the State, as appro23 priate for each school based on the 

24 categorization described in subclause 

25 (II); and 


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1 ‘‘(IV) incentives for schools that 

2 consistently exceed the annual 

3 progress targets described in sub4 clauses (V) and (VI) of paragraph 

5 (12)(B)(i). 

6 ‘‘(vi) Adopt intervention mechanisms 

7 for schools, as described in section 1116. 

8 ‘‘(vii) Ensure that adequate student 

9 growth reports are delivered, in a timely 

10 manner, to parents and teachers (as appro11 priate) to enable parents and teachers to 

12 examine student progress toward becoming 

13 college and career ready. 

14 ‘‘(C) ASSESSMENTS ABOVE AND BELOW

15 GRADE LEVEL.— 

16 ‘‘(i) IN GENERAL.—In carrying out 

17 the assessment requirements described in 

18 subparagraph (B)(ii), a State may use 

19 adaptive assessments described in para20 graph (3)(E). 

21 ‘‘(ii) REQUIREMENTS FOR ADAPTIVE

22 ASSESSMENTS.—For the results of any 

23 adaptive assessment to be included in the 

24 accountability model described under para25 graph (12), such results must provide the 


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1 information necessary to determine ade2 quate student growth in accordance with 

3 paragraph (12)(C)(i). 

4 ‘‘(12) ACCOUNTABILITY MODEL.— 

5 ‘‘(A) IN GENERAL.—Each State that will 

6 use an accountability model under this para7 graph shall submit a plan to the Secretary, 

8 which shall demonstrate that the State has de9 veloped and will implement a single, statewide 

10 State accountability system that will be effective 

11 in ensuring that all local educational agencies, 

12 public elementary schools, and public secondary 

13 schools meet the standard of adequate student 

14 growth as defined under this paragraph. 

15 ‘‘(B) COMPONENTS OF THE ACCOUNT16 ABILITY MODEL.— 

17 ‘‘(i) IN GENERAL.—Each State ac18 countability model shall— 

19 ‘‘(I) be based on the academic 

20 standards and academic assessments 

21 adopted under paragraphs (1), (3), 

22 and (11), and other academic indica23 tors consistent with subparagraph 

24 (C)(ii); 


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1 ‘‘(II) take into account the 

2 achievement of all public elementary 

3 school and secondary school students; 

4 ‘‘(III) be the same accountability 

5 model that the State uses for all pub6 lic elementary schools and secondary 

7 schools or all local educational agen8 cies in the State; 

9 ‘‘(IV) include components that 

10 recognize successful schools and that 

11 require intervention measures in 

12 struggling schools, which the State 

13 will use to hold local educational agen14 cies and public elementary schools and 

15 secondary schools accountable for stu16 dent achievement and for ensuring 

17 that such agencies and schools meet 

18 the standard of adequate student 

19 growth as described in subparagraph 

20 (C), in accordance with this para21 graph; 

22 ‘‘(V) establish annual progress 

23 targets for each school that aim to re24 duce by half, in less than 6 years— 


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1 ‘‘(aa) the difference between 

2 the percentage of students at the 

3 top performing schools in the 

4 State who meet the college and 

5 career ready academic content 

6 standards described in paragraph 

7 (13)(B) or make adequate stu8 dent growth, as described in sub9 paragraph (C), and the percent10 age of such students at each 

11 school that is not a top per12 forming school; and 

13 ‘‘(bb) for each category of 

14 students described in paragraph 

15 (2)(C)(v)(II), the difference be16 tween the percentage of students 

17 who meet the college and career 

18 ready academic content stand19 ards described in paragraph 

20 (13)(B) or make adequate stu21 dent growth, as described in sub22 paragraph (C), at the top per23 forming schools in the State, and 

24 the percentage of such students 


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1 at each school that is not a top 

2 performing school; and 

3 ‘‘(VI) establish annual progress 

4 targets for each secondary school that 

5 aim to reduce by half, in less than 6 

6 years, the difference between the per7 centage of students who graduate 

8 from such secondary school and 90 

9 percent. 

10 ‘‘(ii) DEFINITION OF TOP PER11 FORMING SCHOOL.—In this paragraph, the 

12 term ‘top performing school’ means a 

13 school that is ranked at the 90th percentile 

14 when all schools in a State are ranked 

15 (with separate rankings for elementary 

16 schools and for secondary schools) from 

17 lowest to highest, based on the percentage 

18 of students at each school who meet chal19 lenging college and career ready academic 

20 content standards. 

21 ‘‘(iii) TOP PERFORMING SCHOOLS.—A 

22 top performing school shall be considered a 

23 school that is meeting annual progress tar24 gets under subclauses (V) and (VI) of 


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1 clause (i), for such time as the school re2 mains a top performing school. 

3 ‘‘(C) ADEQUATE STUDENT GROWTH.— 

4 ‘‘(i) IN GENERAL.—The term ‘ade5 quate student growth’ shall be defined by 

6 a State— 

7 ‘‘(I) to mean— 

8 ‘‘(aa) for each student at a 

9 school who is not on track to 

10 being college and career ready in 

11 a subject, a rate of growth indi12 cating that the student will be on 

13 track to being college and career 

14 ready within 3 years, or by the 

15 last year of student testing, 

16 whichever is earlier; and 

17 ‘‘(bb) for a student who is 

18 on track to being college and ca19 reer ready in a subject, but is not 

20 yet college and career ready, a 

21 rate of growth equal to not less 

22 than 1 year of academic growth; 

23 ‘‘(II) in a manner that— 

24 ‘‘(aa) applies the same high 

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1 ment to all public elementary 

2 school and secondary school stu3 dents in the State; 

4 ‘‘(bb) is statistically rig5 orous, valid, and reliable; 

6 ‘‘(cc) results in continuous 

7 and substantial academic im8 provement for all students; and 

9 ‘‘(dd) measures the progress 

10 of public elementary schools, sec11 ondary schools, local educational 

12 agencies, and the State based on 

13 the academic assessments de14 scribed in paragraphs (3) and 

15 (11). 

16 ‘‘(ii) MEASURES OF ADEQUATE

17 SCHOOL PERFORMANCE.— 

18 ‘‘(I) IN GENERAL.—A State may 

19 develop a composite measure of a 

20 school’s adequate student growth, as 

21 described under this paragraph, to be 

22 used for public reporting, that may in23 corporate 1 or more of the following 

24 indicators: 


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1 ‘‘(aa) Overall student cohort 

2 proficiency or growth to pro3 ficiency on the assessments 

4 adopted under paragraphs (3) 

5 and (11) over a period of 2 or 

6 more years. 

7 ‘‘(bb) The percentage of stu8 dents who are making sufficient 

9 growth to meet the college and 

10 career ready academic content 

11 standards, as described in para12 graph (13)(B), before the last 

13 year that the student is in the 

14 student’s current school, or in 

15 less than 3 years, whichever oc16 curs earlier. 

17 ‘‘(cc) Progress in closing 

18 achievement gaps between each 

19 group of students listed in para20 graph (2)(C)(v)(II) and the over21 all student population of the 

22 school over a period of 2 or more 

23 years. 

24 ‘‘(dd) For secondary schools, 

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1 crease in the graduation rate (as 

2 defined in section 200.19(b)(1) of 

3 title 34, Code of Federal Regula4 tions). 

5 ‘‘(ee) Year-to-year growth 

6 and growth to proficiency on the 

7 assessments adopted under para8 graphs (3) and (11). 

9 ‘‘(ff) Attendance for all pub10 lic elementary school students. 

11 ‘‘(gg) The percentage of stu12 dents who earn sufficient credits 

13 to be promoted to the next grade. 

14 ‘‘(hh) The percentage of sec15 ondary school graduates who at16 tend an institution of higher edu17 cation. 

18 ‘‘(ii) The percentage of sec19 ondary school graduates who do 

20 not require remediation at an in21 stitution of higher education. 

22 ‘‘(II) VALIDITY AND RELI23 ABILITY.—The State shall ensure that 

24 each indicator described in this clause 

25 is rigorous, valid for the indicator’s 


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1 assigned use, reliable, and consistent 

2 with any relevant nationally recog3 nized professional and technical 

4 standards. 

5 ‘‘(III) REPORTING OF INDICA6 TORS.—A State shall publicly report 

7 each of the indicators that are in8 cluded within the composite measure 

9 of adequate school performance, as 

10 described in this clause, in the aggre11 gate and disaggregated by each group 

12 of students described in paragraph 

13 (2)(C)(v)(II). 

14 ‘‘(D) ANNUAL IMPROVEMENT FOR

15 SCHOOLS.—Each year, for a school to meet the 

16 standard for adequate student growth under 

17 this paragraph, not less than 95 percent of each 

18 group of students described in paragraph 

19 (2)(C)(v)(II) who are enrolled in the school are 

20 required to take the assessments, consistent 

21 with paragraph (3), including subparagraph 

22 (C)(xi) of such paragraph, and with— 

23 ‘‘(i) accommodations provided in the 

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1 tion 504 of the Rehabilitation Act of 1973 

2 (29 U.S.C. 794); and 

3 ‘‘(ii) accommodations and alternative 

4 assessments provided in the same manner 

5 as those provided under section 

6 612(a)(16)(A) of the Individuals with Dis7 abilities Education Act. 

8 ‘‘(E) EVALUATION.— 

9 ‘‘(i) SECRETARIAL DUTIES.—The Sec10 retary shall— 

11 ‘‘(I) establish a rigorous peer-re12 view process, which shall include a di13 verse board of experts and community 

14 stakeholders, to assist in the review of 

15 State accountability model plans, 

16 based on the criteria described in sub17 paragraphs (B) and (C)(i); 

18 ‘‘(II) appoint individuals to the 

19 peer-review process who are represent20 ative of parents, teachers, State edu21 cational agencies, and local edu22 cational agencies, and who are famil23 iar with educational standards, assess24 ments, accountability, the needs of 


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1 low-performing schools, and other 

2 educational needs of students; 

3 ‘‘(III) if the Secretary determines 

4 that the State plan does not meet the 

5 requirements of this paragraph, im6 mediately notify the State of such de7 termination and the reasons for such 

8 determination; 

9 ‘‘(IV) not decline to approve a 

10 State’s accountability model plan be11 fore— 

12 ‘‘(aa) offering the State an 

13 opportunity to revise its account14 ability model plan; 

15 ‘‘(bb) providing technical as16 sistance in order to assist the 

17 State to meet the requirements of 

18 this paragraph; 

19 ‘‘(cc) providing a hearing; 

20 and 

21 ‘‘(dd) allowing the State to 

22 communicate with peer reviewers 

23 in order to further explain or jus24 tify the merits of the State’s ac25 countability model plan; and 


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1 ‘‘(V) have the authority to dis2 approve a State accountability model 

3 plan for not meeting the requirements 

4 of this paragraph, but shall not have 

5 the authority to require a State, as a 

6 condition of approval of the State ac7 countability model plan, to include in, 

8 or delete from, such plan 1 or more 

9 specific elements of the State’s aca10 demic content standards or to use 

11 specific academic assessment instru12 ments or items. 

13 ‘‘(ii) STATE REVISIONS.—A State ac14 countability model plan shall be revised by 

15 the State educational agency if it is nec16 essary to satisfy the requirements of this 

17 paragraph. 

18 ‘‘(F) APPROVED SCHOOLS.—If, as of the 

19 date of enactment of the Growth to Excellence 

20 Act of 2011, a State has already received ap21 proval from the Secretary to use an account22 ability model, the Secretary may allow such 

23 State a period of not more than 2 years from 

24 the date of enactment of such Act to transition 


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1 to the use of the accountability model described 

2 in this paragraph. 

3 ‘‘(13) DEFINITIONS.—In this subsection: 

4 ‘‘(A) COLLEGE AND CAREER READY.—The 

5 term ‘college and career ready’ when used with 

6 respect to a student means that the student 

7 meets the requirements necessary to be admit8 ted into credit-bearing, nonremedial, entry level 

9 coursework at a State public institution of high10 er education. 

11 ‘‘(B) COLLEGE AND CAREER READY ACA12 DEMIC CONTENT STANDARDS.—The term ‘col13 lege and career ready academic content stand14 ards’ means challenging academic content 

15 standards (as required under paragraph (1)) 

16 that are— 

17 ‘‘(i) developed based on evidence that 

18 mastery of such standards corresponds to 

19 being college and career ready without the 

20 need for remediation; and 

21 ‘‘(ii)(I) common to a significant num22 ber of States; or 

23 ‘‘(II) approved by a system of public 

24 4-year institutions of higher education in 

25 the State, such that mastery of such 


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1 standards leads to placement into credit2 bearing, nonremedial, first-year coursework 

3 for a student admitted to an institution of 

4 higher education that is part of such sys5 tem. 

6 ‘‘(C) COLLEGE AND CAREER READY AS7 SESSMENTS.—The term ‘college and career 

8 ready assessments’ means an assessment for 

9 mathematics and an assessment for reading or 

10 language arts that— 

11 ‘‘(i) measures the annual academic 

12 growth of individual students; 

13 ‘‘(ii) is aligned with the college and 

14 career ready academic content standards 

15 described in this paragraph; and 

16 ‘‘(iii) meets the requirements under 

17 paragraph (3). 

18 ‘‘(D) ON TRACK TO BEING COLLEGE AND

19 CAREER READY.—The term ‘on track to being 

20 college and career ready’ in a subject means 

21 that a student is performing at or above grade 

22 level, such that the student will be college and 

23 career ready in the subject before graduation 


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1 from secondary school, as measured by the 

2 State assessment system.’’. 

Æ 


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