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[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2149 Introduced in Senate (IS)]

109th CONGRESS
  1st Session
                                S. 2149

   To authorize resources to provide students with opportunities for 
            summer learning through summer learning grants.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           December 20, 2005

Mr. Obama (for himself and Ms. Mikulski) introduced the following bill; 
     which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL

 
   To authorize resources to provide students with opportunities for 
            summer learning through summer learning grants.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Summer Term Education Programs for 
Upward Performance Act of 2005'' or the ``STEP UP Act of 2005''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) All students experience learning losses when they do 
        not engage in educational activities during the summer.
            (2) Students on average lose more than 1 month's worth of 
        reading skills, and 2 months or more in mathematics facts and 
        skills, during the summer.
            (3) The impact of summer learning loss is greatest for 
        children living in poverty, for children with learning 
        disabilities, and for children who do not speak English at 
        home.
            (4) While middle-class children's test scores plateau or 
        even rise during the summer months, scores plummet for children 
        living in poverty. Disparities grow, so that reading scores of 
        disadvantaged students can fall more than 3 months behind the 
        scores of their middle-class peers.
            (5) Summer learning losses by children living in poverty 
        accumulate over the elementary school years, so that their 
        achievement scores fall further and further behind the scores 
        of their more advantaged peers as the children progress through 
        school.
            (6) This summer slide is costly for American education. 
        Analysis by Professor Harris Cooper and his colleagues finds 
        that 2 months of the school year are lost: 1 month spent in 
        reteaching and 1 month spent not providing new instruction.
            (7) Analysis of summer learning programs has demonstrated 
        their effectiveness. In the BELL programs in Boston, New York, 
        and Washington, DC, students gained several months' worth of 
        reading and mathematics skills in 6 weeks, with a majority of 
        those students moving to a higher performance category, as 
        assessed by standardized mathematics and reading tests. In the 
        Center for Summer Learning's Teach Baltimore Summer Academy, 
        randomized studies show that students who regularly attended 
        the program for not less than 2 summers gained advantages of 70 
        to 80 percent of 1 full grade level in reading over control-
        group peers who did not attend summer school.
            (8) Summer learning programs are proven to remedy, 
        reinforce, and accelerate learning, and can serve to close the 
        achievement gap in education.

SEC. 3. PURPOSE.

    The purpose of this Act is to create opportunities for summer 
learning by providing summer learning grants to eligible students, in 
order to--
            (1) provide the students with access to summer learning;
            (2) facilitate the enrollment of students in elementary 
        schools or youth development organizations during the summer;
            (3) promote collaboration between teachers and youth 
        development professionals in order to bridge gaps between 
        schools and youth programs; and
            (4) encourage teachers to try new techniques, acquire new 
        skills, and mentor new colleagues.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Educational service agency.--The term ``educational 
        service agency'' has the meaning given the term in section 9101 
        of the Elementary and Secondary Education Act of 1965 (20 
        U.S.C. 7801).
            (2) Eligible entity.--The term ``eligible entity'' means an 
        entity that--
                    (A) desires to participate in a summer learning 
                grant program under this Act by providing summer 
                learning opportunities described in section 6(d)(1)(B) 
                to eligible students; and
                    (B) is--
                            (i) a local educational agency;
                            (ii) a for-profit educational provider, 
                        nonprofit organization, or summer enrichment 
                        camp, that has been approved by the State 
                        educational agency to provide the summer 
                        learning opportunity described in section 
                        6(d)(1)(B), including an entity that is in good 
                        standing that has been previously approved by a 
                        State educational agency to provide 
                        supplemental educational services; or
                            (iii) a consortium consisting of a local 
                        educational agency and 1 or more of the 
                        following entities:
                                    (I) Another local educational 
                                agency.
                                    (II) A community-based youth 
                                development organization with a 
                                demonstrated record of effectiveness in 
                                helping students learn.
                                    (III) An institution of higher 
                                education.
                                    (IV) An educational service agency.
                                    (V) A for-profit educational 
                                provider described in clause (ii).
                                    (VI) A nonprofit organization 
                                described in clause (ii).
                                    (VII) A summer enrichment camp 
                                described in clause (ii)
            (3) Eligible student.--The term ``eligible student'' means 
        a student who--
                    (A) is eligible for a free lunch under the Richard 
                B. Russell National School Lunch Act (42 U.S.C. 1751 et 
                seq.);
                    (B) is served by a local educational agency 
                identified by the State educational agency in the 
                application described in section 5(b); or
                    (C)(i) in the case of a summer learning grant 
                program authorized under this Act for fiscal year 2006, 
                2007, or 2008, is eligible to enroll in any of the 
                grades kindergarten through grade 3 for the school year 
                following participation in the program; or
                    (ii) in the case of a summer learning grant program 
                authorized under this Act for fiscal year 2009 or 2010, 
                is eligible to enroll in any of the grades kindergarten 
                through grade 5 for the school year following 
                participation in the program.
            (4) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given the 
        term in section 101(a) of the Higher Education Act of 1965 (20 
        U.S.C. 1001(a)).
            (5) Local educational agency.--The term ``local educational 
        agency'' has the meaning given the term in section 9101 of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        7801).
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of Education.
            (7) State.--The term ``State'' means each of the several 
        States of the United States, the District of Columbia, the 
        Commonwealth of Puerto Rico, Guam, American Samoa, the United 
        States Virgin Islands, the Commonwealth of the Northern Mariana 
        Islands, the Republic of the Marshall Islands, the Federated 
        States of Micronesia, and the Republic of Palau.
            (8) State educational agency.--The term ``State educational 
        agency'' has the meaning given the term in section 9101 of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        7801).

SEC. 5. DEMONSTRATION GRANT PROGRAM.

    (a) Program Authorized.--
            (1) In general.--From the funds appropriated under section 
        8 for a fiscal year, the Secretary shall carry out a 
        demonstration grant program in which the Secretary awards 
        grants, on a competitive basis, to State educational agencies 
        to enable the State educational agencies to pay the Federal 
        share of summer learning grants for eligible students.
            (2) Number of grants.--For each fiscal year, the Secretary 
        shall award not more than 5 grants under this section.
    (b) Application.--A State educational agency that desires to 
receive a grant under this section shall submit an application to the 
Secretary at such time, in such manner, and accompanied by such 
information as the Secretary may require. Such application shall 
identify the areas in the State where the summer learning grant program 
will be offered and the local educational agencies that serve such 
areas.
    (c) Award Basis.--In awarding grants under this section, the 
Secretary shall take into consideration an equitable geographic 
distribution of the grants.

SEC. 6. SUMMER LEARNING GRANTS.

    (a) Use of Grants for Summer Learning Grants.--
            (1) In general.--Each State educational agency that 
        receives a grant under section 5 for a fiscal year shall use 
        the grant funds to provide summer learning grants for the 
        fiscal year to eligible students in the State who desire to 
        attend a summer learning opportunity offered by an eligible 
        entity that enters into an agreement with the State educational 
        agency under subsection (d)(1).
            (2) Amount; federal and non-federal shares.--
                    (A) Amount.--The amount of a summer learning grant 
                provided under this Act shall be--
                            (i) for each of the fiscal years 2006 
                        through 2009, $1,600; and
                            (ii) for fiscal year 2010, $1,800.
                    (B) Federal share.--The Federal share of each 
                summer learning grant shall be not more than 50 percent 
                of the amount of the summer learning grant determined 
                under subparagraph (A).
                    (C) Non-federal share.--The non-Federal share of 
                each summer learning grant shall be not less than 50 
                percent of the amount of the summer learning grant 
                determined under subparagraph (A), and shall be 
                provided from non-Federal sources, such as State or 
                local sources.
    (b) Designation of Summer Scholars.--Eligible students who receive 
summer learning grants under this Act shall be known as ``summer 
scholars''.
    (c) Selection of Summer Learning Opportunity.--
            (1) Dissemination of information.--A State educational 
        agency that receives a grant under section 5 shall disseminate 
        information about summer learning opportunities and summer 
        learning grants to the families of eligible students in the 
        State.
            (2) Application.--The parents of an eligible student who 
        are interested in having their child participate in a summer 
        learning opportunity and receive a summer learning grant shall 
        submit an application to the State educational agency that 
        includes a ranked list of preferred summer learning 
        opportunities.
            (3) Process.--A State educational agency that receives an 
        application under paragraph (2) shall--
                    (A) process such application;
                    (B) determine whether the eligible student shall 
                receive a summer learning grant;
                    (C) coordinate the assignment of eligible students 
                receiving summer learning grants with summer learning 
                opportunities; and
                    (D) if demand for a summer learning opportunity 
                exceeds capacity--
                            (i) in a case where information on the 
                        school readiness (based on school records and 
                        assessments of student achievement) of the 
                        eligible students is available, give priority 
                        for the summer learning opportunity to eligible 
                        students with low levels of school readiness; 
                        or
                            (ii) in a case where such information on 
                        school readiness is not available, rely on 
                        randomization to assign the eligible students.
            (4) Flexibility.--A State educational agency may assign a 
        summer scholar to a summer learning opportunity program that is 
        offered in an area served by a local educational agency that is 
        not the local educational agency serving the area where such 
        scholar resides.
            (5) Requirement of acceptance.--An eligible entity shall 
        accept, enroll, and provide the summer learning opportunity of 
        such entity to, any summer scholar assigned to such summer 
        learning opportunity by a State educational agency pursuant to 
        this subsection.
    (d) Agreement With Eligible Entity.--
            (1) In general.--A State educational agency shall enter 
        into an agreement with the eligible entity offering a summer 
        learning opportunity, under which--
                    (A) the State educational agency shall agree to 
                make payments to the eligible entity, in accordance 
                with paragraph (2), for a summer scholar; and
                    (B) the eligible entity shall agree to provide the 
                summer scholar with a summer learning opportunity 
                that--
                            (i) provides a total of not less than the 
                        equivalent of 30 full days of instruction (or 
                        not less than the equivalent of 25 full days of 
                        instruction, if the equivalent of an additional 
                        5 days is devoted to field trips or other 
                        enrichment opportunities) to the summer 
                        scholar;
                            (ii) employs small-group, research-based 
                        educational programs, materials, curricula, and 
                        practices;
                            (iii) provides a curriculum that--
                                    (I) emphasizes reading and 
                                mathematics;
                                    (II) is primarily designed to 
                                increase the literacy and numeracy of 
                                the summer scholar; and
                                    (III) is aligned with the standards 
                                and goals of the school year curriculum 
                                of the local educational agency serving 
                                the summer scholar;
                            (iv) applies assessments to measure the 
                        skills taught in the summer learning 
                        opportunity and disaggregates the results of 
                        the assessments for summer scholars by race and 
                        ethnicity, economic status, limited English 
                        proficiency status, and disability category, in 
                        order to determine the opportunity's impact on 
                        each subgroup of summer scholars;
                            (v) collects daily attendance data on each 
                        summer scholar; and
                            (vi) meets all applicable Federal, State, 
                        and local civil rights laws.
            (2) Amount of payment.--
                    (A) In general.--Except as provided in subparagraph 
                (B), a State educational agency shall make a payment to 
                an eligible entity for a summer scholar in the amount 
                determined under subsection (a)(2)(A).
                    (B) Adjustment.--In the case in which a summer 
                scholar does not attend the full summer learning 
                opportunity, the State educational agency shall reduce 
                the amount provided to the eligible entity pursuant to 
                subparagraph (A) by a percentage that is equal to the 
                percentage of the summer learning opportunity not 
                attended by such scholar.
    (e) Use of School Facilities.--State educational agencies are 
encouraged to require local educational agencies in the State to allow 
eligible entities, in offering summer learning opportunities, to make 
use of school facilities in schools served by such local educational 
agencies at reasonable or no cost.
    (f) Access of Records.--An eligible entity offering a summer 
learning opportunity under this Act is eligible to receive, upon 
request, the school records and any previous supplemental educational 
services assessment records of a summer scholar served by such entity.
    (g) Administrative Costs.--A State educational agency or eligible 
entity receiving funding under this Act may use not more than 5 percent 
of such funding for administrative costs associated with carrying out 
this Act.

SEC. 7. EVALUATIONS; REPORT; WEBSITE.

    (a) Evaluation and Assessment.--For each year that an eligible 
entity enters into an agreement under section 6(d), the eligible entity 
shall prepare and submit to the Secretary a report on the activities 
and outcomes of each summer learning opportunity that enrolled a summer 
scholar, including--
            (1) information on the design of the summer learning 
        opportunity;
            (2) the alignment of the summer learning opportunity with 
        State standards; and
            (3) data from assessments of student mathematics and 
        reading skills for the summer scholars and on the attendance of 
        the scholars, disaggregated by the subgroups described in 
        section 6(d)(1)(B)(iv).
    (b) Report.--For each year funds are appropriated under section 8 
for this Act, the Secretary shall prepare and submit a report to 
Congress on the summer learning grant programs, including the 
effectiveness of the summer learning opportunities in improving student 
achievement.
    (c) Summer Learning Grants Website.--The Secretary shall make 
accessible, on the Department of Education website, information for 
parents and school personnel on successful programs and curricula, and 
best practices, for summer learning opportunities.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this Act 
$100,000,000 for fiscal year 2006 and such sums as may be necessary for 
each of the fiscal years 2007 through 2010.
                                 <all>
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