II 

113TH CONGRESS 

1ST SESSION S. 708 

To provide grants to States to ensure that all students in the middle grades 

are taught an academically rigorous curriculum with effective supports 

so that students complete the middle grades prepared for success in 

secondary school and postsecondary endeavors, to improve State and 

district policies and programs relating to the academic achievement of 

students in the middle grades, to develop and implement effective middle 

grades models for struggling students, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 11, 2013 

Mr. WHITEHOUSE (for himself, Mr. REED, Ms. STABENOW, and Mr. 

FRANKEN) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To provide grants to States to ensure that all students in 

the middle grades are taught an academically rigorous 

curriculum with effective supports so that students complete the middle grades prepared for success in secondary 

school and postsecondary endeavors, to improve State 

and district policies and programs relating to the academic achievement of students in the middle grades, 

to develop and implement effective middle grades models 

for struggling students, 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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Success in the Middle 

3 Act of 2013’’. 

4 SEC. 2. FINDINGS. 

5 Congress finds the following: 

6 (1) International comparisons indicate that stu7 dents in the United States do not start out behind 

8 students of other nations in mathematics and 

9 science, but that they fall behind by the end of the 

10 middle grades. 

11 (2) Just over one-third of 8th grade students in 

12 the United States, and only 3 percent of such stu13 dents who are English language learners, can read 

14 with proficiency, according to the 2011 National As15 sessment on Educational Progress (NAEP). 

16 (3) In mathematics, just over one-third of stu17 dents in 8th grade show skills at the NAEP pro18 ficient level. The percentage of 8th grade students 

19 scoring above the basic level was 10 points higher in 

20 2011 than in 2000, but for 4th grade students, the 

21 percentage increased 18 points, almost double the 

22 increase for middle grades students. In 8th grade, 

23 the gaps between the average mathematics scores of 

24 white and black students and between white and 

25 Hispanic students were approximately as wide in 

26 2011 as in 1990. 


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1 (4) Only 13 percent of 8th graders met all of 

2 the college readiness benchmarks on ACT’s EX3 PLORE assessment, a measure which ACT found 

4 displays a stronger relationship with college and ca5 reer readiness than any other academic factor 

6 throughout secondary school. 

7 (5) Lack of basic skills at the end of middle 

8 grades has serious implications for students. Stu9 dents who enter secondary school 2 or more years 

10 behind grade level in mathematics and literacy have 

11 only a 50 percent chance of progressing on time to 

12 the 10th grade; those not progressing are at signifi13 cant risk of dropping out of secondary school. 

14 (6) Middle grades students are hopeful about 

15 their future, with 93 percent believing that they will 

16 complete secondary school and 86 percent antici17 pating that they will attend an institution of higher 

18 education. 

19 (7) Sixth grade students who do not attend 

20 school regularly, who are subjected to frequent dis21 ciplinary actions, or who fail mathematics or English 

22 have less than a 15 percent chance of graduating 

23 secondary school on time and a 20 percent chance 

24 of graduating 1 year late. Without effective interven25 tions and proper supports, these students are at risk 


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1 of subsequent failure in secondary school, or of drop2 ping out. 

3 (8) Student transitions from elementary school 

4 to the middle grades and to secondary school are 

5 often complicated by poor curriculum alignment, in6 adequate counseling services, and unsatisfactory 

7 sharing of student performance and academic 

8 achievement data between grades. 

9 (9) Middle grades improvement strategies 

10 should be tailored based on a variety of performance 

11 indicators and data, so that educators can create 

12 and implement successful school improvement strate13 gies to address the needs of the middle grades, and 

14 so that teachers can provide effective instruction and 

15 adequate assistance to meet the needs of at-risk stu16 dents. 

17 (10) To stem a dropout rate nearly twice that 

18 of students without disabilities, students with dis19 abilities in the critical middle grades must receive 

20 appropriate academic accommodations and access to 

21 assistive technology, high-risk behaviors such as ab22 senteeism and course failure must be monitored, and 

23 problem-solving skills with broad application must be 

24 taught. 


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1 (11) Local educational agencies and State edu2 cational agencies often do not have the capacity to 

3 provide support for school improvement strategies. 

4 Successful models do exist for turning around low5 performing middle grades, and Federal support 

6 should be provided to increase the capacity to apply 

7 promising practices based on evidence from success8 ful schools. 

9 SEC. 3. DEFINITIONS. 

10 In this Act: 

11 (1) ESEA DEFINITIONS.—The terms ‘‘elemen12 tary school’’, ‘‘local educational agency’’, ‘‘secondary 

13 school’’, and ‘‘State educational agency’’ have the 

14 meanings given the terms in section 9101 of the Ele15 mentary and Secondary Education Act of 1965 (20 

16 U.S.C. 7801). 

17 (2) CHRONIC ABSENTEEISM.—The term 

18 ‘‘chronic absenteeism’’ means a student misses— 

19 (A) 10 percent of the school days per 

20 school year; or 

21 (B) not less than 20 school days per school 

22 year. 

23 (3) DIGITAL LITERACY SKILLS.—The term 

24 ‘‘digital literacy skills’’ has the meaning given the 


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1 term in section 202 of the Museum and Library 

2 Services Act (20 U.S.C. 9101). 

3 (4) ELIGIBLE ENTITY.—The term ‘‘eligible enti4 ty’’ means a partnership that includes— 

5 (A) not less than 1 eligible local edu6 cational agency; and 

7 (B)(i) an institution of higher education; 

8 (ii) an educational service agency (as de9 fined in section 9101 of the Elementary and 

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

11 7801)); or 

12 (iii) a nonprofit organization with dem13 onstrated expertise in high-quality middle 

14 grades intervention. 

15 (5) ELIGIBLE LOCAL EDUCATIONAL AGENCY.— 

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

17 a local educational agency that serves not less than 

18 1 eligible school. 

19 (6) ELIGIBLE SCHOOL.—The term ‘‘eligible 

20 school’’ means an elementary or secondary school 

21 that contains not less than 2 or more successive 

22 grades beginning with grade 5 and ending with 

23 grade 8 and for which— 

24 (A) a high proportion of the middle grades 

25 students attending such school go on to attend 


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1 a secondary school with a graduation rate of 

2 less than 65 percent; 

3 (B) more than 25 percent of the students 

4 who finish grade 6 at such school, or the ear5 liest middle grade level at the school, exhibit 1 

6 or more of the key risk factors and early risk 

7 identification signs, including— 

8 (i) student attendance below 90 per9 cent; 

10 (ii) a failing grade in a mathematics 

11 or reading or language arts course; 

12 (iii) 2 failing grades in any courses; 

13 and 

14 (iv) out-of-school suspension or other 

15 evidence of at-risk behavior; or 

16 (C) more than 50 percent of the middle 

17 grades students attending such school do not 

18 perform at a proficient level on State student 

19 academic assessments required under section 

20 1111(b)(3) of the Elementary and Secondary 

21 Education Act of 1965 (20 U.S.C. 6311(b)(3)) 

22 in mathematics or reading or language arts. 

23 (7) INSTITUTION OF HIGHER EDUCATION.—The 

24 term ‘‘institution of higher education’’ has the 


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1 meaning given the term in section 101 of the Higher 

2 Education Act of 1965 (20 U.S.C. 1001). 

3 (8) MIDDLE GRADES.—The term ‘‘middle 

4 grades’’ means any of grades 5 through 8. 

5 (9) PRINCIPLES OF SCIENTIFIC RESEARCH.— 

6 The term ‘‘principles of scientific research’’ has the 

7 meaning given the term in section 200 of the Higher 

8 Education Act of 1965 (20 U.S.C. 1021). 

9 (10) SCIENTIFICALLY VALID RESEARCH.—The 

10 term ‘‘scientifically valid research’’ has the meaning 

11 given the term in section 200 of the Higher Edu12 cation Act of 1965 (20 U.S.C. 1021). 

13 (11) SECRETARY.—The term ‘‘Secretary’’ 

14 means the Secretary of Education. 

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

16 the 50 States, the District of Columbia, and the 

17 Commonwealth of Puerto Rico. 

18 (13) STUDENT WITH A DISABILITY.—The term 

19 ‘‘student with a disability’’ means a student who is 

20 a child with a disability, as defined in section 602 

21 of the Individuals with Disabilities Education Act 

22 (20 U.S.C. 1401). 


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1 TITLE I—MIDDLE GRADES 

2 IMPROVEMENT 

3 SEC. 101. PURPOSES. 

4 The purposes of this title are to— 

5 (1) improve middle grades student academic 

6 achievement and prepare students for rigorous sec7 ondary school coursework so that such students will 

8 graduate from secondary school college and career 

9 ready; 

10 (2) ensure that curricula and student supports 

11 for middle grades education align with the curricula 

12 and student supports provided for elementary and 

13 secondary school grades; 

14 (3) provide resources to State educational agen15 cies and local educational agencies to collaboratively 

16 develop school improvement plans in order to deliver 

17 support and technical assistance to schools serving 

18 students in the middle grades; and 

19 (4) increase the capacity of States and local 

20 educational agencies to develop effective, sustainable, 

21 and replicable school improvement programs and 

22 models and evidence-based or, when available, sci23 entifically valid student interventions for implemen24 tation by schools serving students in the middle 

25 grades. 


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1 SEC. 102. FORMULA GRANTS TO STATE EDUCATIONAL 

2 AGENCIES FOR MIDDLE GRADES IMPROVE3 MENT. 

4 (a) IN GENERAL.—From amounts appropriated 

5 under section 107, the Secretary shall make grants under 

6 this title for a fiscal year to each State educational agency 

7 for which the Secretary has approved an application under 

8 subsection (f) in an amount equal to the allotment deter9 mined for such agency under subsection (c) for such fiscal 

10 year. 

11 (b) RESERVATIONS.—From the total amount made 

12 available to carry out this title for a fiscal year, the Sec13 retary— 

14 (1) shall reserve not more than 1 percent for 

15 the Secretary of the Interior (on behalf of the Bu16 reau of Indian Affairs) and the outlying areas for 

17 activities carried out in accordance with this section; 

18 (2) shall reserve 1 percent to evaluate the effec19 tiveness of this title in achieving the purposes of this 

20 title and ensuring that results are peer-reviewed and 

21 widely disseminated, which may include hiring an 

22 outside evaluator; and 

23 (3) shall reserve 5 percent for technical assist24 ance and dissemination of best practices in middle 

25 grades education to States and local educational 

26 agencies. 


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1 (c) AMOUNT OF STATE ALLOTMENTS.— 

2 (1) IN GENERAL.—Except as provided in para3 graph (2), of the total amount made available to 

4 carry out this title for a fiscal year and not reserved 

5 under subsection (b), the Secretary shall allot such 

6 amount among the States in proportion to the num7 ber of children, aged 5 to 17, who reside within the 

8 State and are from families with incomes below the 

9 poverty line for the most recent fiscal year for which 

10 satisfactory data are available, compared to the 

11 number of such individuals who reside in all such 

12 States for that fiscal year, determined in accordance 

13 with section 1124(c)(1)(A) of the Elementary and 

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

15 6333(c)(1)(A)). 

16 (2) MINIMUM ALLOTMENTS.—No State edu17 cational agency shall receive an allotment under this 

subsection for a fiscal year that is less than 1 18 ⁄2 of 

19 1 percent of the amount made available to carry out 

20 this title for such fiscal year. 

21 (d) SPECIAL RULE.—For any fiscal year for which 

22 the funds appropriated to carry out this title are less than 

23 $500,000,000, the Secretary is authorized to award grants 

24 to State educational agencies, on a competitive basis, rath25 er than as allotments described in this section, to enable 


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1 such agencies to award subgrants under section 104 on 

2 a competitive basis. 

3 (e) REALLOTMENT.— 

4 (1) FAILURE TO APPLY; APPLICATION NOT AP5 PROVED.—If any State educational agency does not 

6 apply for an allotment under this title for a fiscal 

7 year, or if the application from the State educational 

8 agency is not approved, the Secretary shall reallot 

9 the amount of the State’s allotment to the remaining 

10 States in accordance with this section. 

11 (2) UNUSED FUNDS.—The Secretary may 

12 reallot any amount of an allotment to a State if the 

13 Secretary determines that the State will be unable to 

14 use such amount within 2 years of such allotment. 

15 Such reallotments shall be made on the same basis 

16 as allotments are made under subsection (c). 

17 (f) APPLICATION.—In order to receive a grant under 

18 this title, a State educational agency shall submit an appli19 cation to the Secretary at such time, in such manner, and 

20 accompanied by such information as the Secretary may 

21 reasonably require, including a State middle grades im22 provement plan described in section 103(a)(4). 

23 (g) PEER REVIEW AND SELECTION.—The Sec24 retary— 


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1 (1) shall establish a peer-review process to as2 sist in the review and approval of proposed State ap3 plications; 

4 (2) shall appoint individuals to participate in 

5 the peer-review process who are educators and ex6 perts in identifying, evaluating, and implementing 

7 effective education programs and practices (includ8 ing in the areas of teaching and learning, edu9 cational standards and assessments, school improve10 ment, rates of suspension and expulsion, and aca11 demic and behavioral supports for middle grades 

12 students, and in addressing the needs of students 

13 with disabilities and English language learners in 

14 the middle grades), which individuals may include 

15 recognized exemplary middle grades teachers and 

16 middle grades principals who have been recognized 

17 at the State or national level for exemplary work or 

18 contributions to the field; 

19 (3) shall ensure that States are given the op20 portunity to receive timely feedback, and to interact 

21 with peer-review panels, in person or via electronic 

22 communication, on issues that need clarification dur23 ing the peer-review process; 

24 (4) shall approve a State application submitted 

25 under this title not later than 120 days after the 


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1 date of submission of the application unless the Sec2 retary determines that the application does not meet 

3 the requirements of this title; 

4 (5) may not decline to approve a State’s appli5 cation before— 

6 (A) offering the State an opportunity to 

7 revise the State’s application; 

8 (B) providing the State with technical as9 sistance in order to submit a successful applica10 tion; and 

11 (C) providing a hearing to the State; and 

12 (6) shall direct the Inspector General of the De13 partment of Education to— 

14 (A) review final determinations reached by 

15 the Secretary to approve or deny State applica16 tions; 

17 (B) analyze the consistency of the process 

18 used by peer-review panels in reviewing and rec19 ommending to the Secretary approval or denial 

20 of such State applications; and 

21 (C) report the findings of this review and 

22 analysis to Congress. 

23 SEC. 103. STATE PLAN; AUTHORIZED ACTIVITIES. 

24 (a) MANDATORY ACTIVITIES.— 


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1 (1) IN GENERAL.—A State educational agency 

2 that receives a grant under this title shall use the 

3 grant funds— 

4 (A) to prepare and implement the needs 

5 analysis and middle grades improvement plan, 

6 as described in paragraphs (3) and (4), of such 

7 agency; 

8 (B) to make subgrants to eligible local 

9 educational agencies or eligible entities under 

10 section 104; and 

11 (C) to assist eligible local educational agen12 cies and eligible entities, when determined nec13 essary by the State educational agency or at the 

14 request of an eligible local educational agency 

15 or eligible entity, in designing a comprehensive 

16 schoolwide improvement plan and carrying out 

17 the activities under section 104. 

18 (2) FUNDS FOR SUBGRANTS.—A State edu19 cational agency that receives a grant under this title 

20 shall use not less than 80 percent of the grant funds 

21 to make subgrants to eligible local educational agen22 cies or eligible entities under section 104. 

23 (3) MIDDLE GRADES NEEDS ANALYSIS.— 

24 (A) IN GENERAL.—A State educational 

25 agency that receives a grant under this title 


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1 shall enter into a contract, or similar formal 

2 agreement, to work with entities such as na3 tional and regional comprehensive centers (as 

4 described in section 203 of the Educational 

5 Technical Assistance Act of 2002 (20 U.S.C. 

6 9602)), institutions of higher education, or non7 profit organizations with demonstrated exper8 tise in high-quality middle grades reform, to 

9 prepare a plan that analyzes how to strengthen 

10 the programs, practices, and policies of the 

11 State in supporting students in the middle 

12 grades, including the factors, such as local im13 plementation, that influence variation in the ef14 fectiveness of such programs, practices, and 

15 policies. 

16 (B) PREPARATION OF PLAN.—In preparing 

17 the plan under subparagraph (A), the State 

18 educational agency shall examine policies and 

19 practices of the State, and of local educational 

20 agencies within the State, affecting— 

21 (i) middle grades curriculum instruc22 tion and assessment; 

23 (ii) education accountability and data 

24 systems; 


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1 (iii) teacher quality and equitable dis2 tribution; 

3 (iv) interventions that support learn4 ing in school; 

5 (v) family and community engagement 

6 in education; and 

7 (vi) student and academic support 

8 services, such as effective school library 

9 programs and school counseling on the 

10 transition to secondary school and plan11 ning for entry into postsecondary edu12 cation and the workforce. 

13 (4) MIDDLE GRADES IMPROVEMENT PLAN.— 

14 (A) IN GENERAL.—A State educational 

15 agency that receives a grant under this title 

16 shall develop a middle grades improvement plan 

17 that— 

18 (i) shall be a statewide plan to im19 prove student academic achievement in the 

20 middle grades, based on the needs analysis 

21 described in paragraph (3); and 

22 (ii) describes what students are re23 quired to know and do to successfully— 

24 (I) complete the middle grades; 

25 and 


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1 (II) make the transition to suc2 ceed in academically rigorous sec3 ondary school coursework and grad4 uate from secondary school college 

5 and career ready. 

6 (B) PLAN COMPONENTS.—A middle grades 

7 improvement plan described in subparagraph 

8 (A) shall also describe how the State edu9 cational agency will do each of the following: 

10 (i)(I) Ensure that the curricula and 

11 assessments for middle grades education 

12 are aligned with secondary school curricula 

13 and assessments and prepare students to 

14 take challenging secondary school courses 

15 and successfully engage in postsecondary 

16 education. 

17 (II) Ensure coordination, where appli18 cable, with the activities carried out 

19 through grants for P–16 education align20 ment under section 6201(c)(1) of the 

21 America COMPETES Act (20 U.S.C. 

22 9871). 

23 (III) Ensure that the transition from 

24 elementary school to the middle grades is 

25 supported through programs that promote 


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1 successful social, emotional, and cognitive 

2 development. 

3 (ii) Ensure that professional develop4 ment is provided to school leaders, teach5 ers, and other school personnel in— 

6 (I) addressing the needs of di7 verse learners, including students with 

8 disabilities and English language 

9 learners; 

10 (II) using challenging and rel11 evant research-based best practices 

12 and curricula; and 

13 (III) using data to inform in14 struction. 

15 (iii) Identify and disseminate informa16 tion on effective schools and instructional 

17 strategies for middle grades students based 

18 on high-quality research. 

19 (iv) Include specific provisions for stu20 dents most at risk of not graduating from 

21 secondary school, including English lan22 guage learners and students with disabil23 ities. 

24 (v) Provide technical assistance to eli25 gible entities to develop and implement 


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1 their early warning indicator and interven2 tion systems, as described in section 

3 104(d)(2)(D). 

4 (vi) Define a set of comprehensive 

5 school performance indicators that shall be 

6 used, in addition to the indicators used to 

7 determine adequate yearly progress, as de8 fined in section 1111(b)(2)(C) of the Ele9 mentary and Secondary Education Act of 

10 1965 (20 U.S.C. 6311(b)(2)(C)), to evalu11 ate school performance, and guide the 

12 school improvement process, such as— 

13 (I) student attendance and ab14 senteeism; 

15 (II) earned on-time promotion 

16 rates from grade to grade; 

17 (III) percentage of students fail18 ing a mathematics, reading or lan19 guage arts, or science course, or fail20 ing 2 or more of any courses; 

21 (IV) teacher quality and attend22 ance measures; 

23 (V) in-school and out-of-school 

24 suspension or other measurable evi25 dence of at-risk behavior; and 


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1 (VI) additional indicators pro2 posed by the State educational agen3 cy, and approved by the Secretary 

4 pursuant to the peer-review process 

5 described in section 102(g). 

6 (vii) Ensure that such plan is coordi7 nated with State activities to turn around 

8 other schools in need of improvement, in9 cluding State activities to improve sec10 ondary schools and elementary schools. 

11 (viii) Ensure that such plan includes 

12 specific provisions to improve family and 

13 community engagement in education in the 

14 middle grades. 

15 (b) PERMISSIBLE ACTIVITIES.—A State educational 

16 agency that receives a grant under this title may use the 

17 grant funds to— 

18 (1) develop and encourage collaborations among 

19 researchers at institutions of higher education, State 

20 educational agencies, educational service agencies 

21 (as defined in section 9101 of the Elementary and 

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

23 7801)), local educational agencies, and nonprofit or24 ganizations with demonstrated expertise in high25 quality middle grades interventions, to expand the 


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1 use of effective practices in the middle grades and 

2 to improve middle grades education; 

3 (2) support local educational agencies in imple4 menting effective middle grades practices, models, 

5 and programs that— 

6 (A) are evidence-based or, when available, 

7 scientifically valid; and 

8 (B) lead to improved student academic 

9 achievement; 

10 (3) support collaborative communities of middle 

11 grades teachers, administrators, school librarians, 

12 and researchers in creating and sustaining informa13 tional databases to disseminate results from rigorous 

14 research on effective practices and programs for 

15 middle grades education; and 

16 (4) increase middle grades student and aca17 demic support services, such as effective school li18 brary programs and school counseling on the transi19 tion to secondary school and planning for entry into 

20 postsecondary education and the workforce. 

21 SEC. 104. COMPETITIVE SUBGRANTS TO IMPROVE LOW22 PERFORMING MIDDLE GRADES. 

23 (a) IN GENERAL.—A State educational agency that 

24 receives a grant under this title shall make competitive 

25 subgrants to eligible local educational agencies and eligible 


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1 entities to enable the eligible local educational agencies 

2 and eligible entities to improve low-performing middle 

3 grades in schools served by the agencies or entities. 

4 (b) PRIORITIES.—In making subgrants under sub5 section (a), a State educational agency shall give priority 

6 to eligible local educational agencies or eligible entities 

7 based on— 

8 (1) the respective populations of children de9 scribed in section 102(c)(1) served by the eligible 

10 local educational agencies participating in the 

11 subgrant application process; and 

12 (2) the respective populations of children served 

13 by the participating eligible local educational agen14 cies who attend eligible schools. 

15 (c) APPLICATION.—An eligible local educational 

16 agency or eligible entity that desires to receive a subgrant 

17 under subsection (a) shall submit an application to the 

18 State educational agency at such time, in such manner, 

19 and accompanied by such information as the State edu20 cational agency may reasonably require, including— 

21 (1) a comprehensive schoolwide improvement 

22 plan described in subsection (d); 

23 (2) a description of how activities described in 

24 such plan will be coordinated with activities specified 

25 in plans for schoolwide programs under section 1114 


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1 of the Elementary and Secondary Education Act of 

2 1965 (20 U.S.C. 6314) and school improvement 

3 plans required under section 1116(b)(3) of such Act 

4 (20 U.S.C. 6316(b)(3)); and 

5 (3) a description of how activities described in 

6 such plan will be complementary to, and coordinated 

7 with, school improvement activities for elementary 

8 schools and secondary schools in need of improve9 ment that serve the same students within the par10 ticipating local educational agency. 

11 (d) COMPREHENSIVE SCHOOLWIDE IMPROVEMENT

12 PLAN.—An eligible local educational agency or eligible en13 tity that desires to receive a subgrant under subsection 

14 (a) shall develop a comprehensive schoolwide improvement 

15 plan for the middle grades that shall— 

16 (1) include the information described in sub17 section (c)(2); 

18 (2) describe how the eligible local educational 

19 agency or eligible entity will— 

20 (A) identify eligible schools; 

21 (B) ensure that funds go to the highest 

22 priority eligible schools first, based on the eligi23 ble schools’ populations of children described in 

24 section 102(c)(1); 


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1 (C) use funds to close achievement gaps 

2 and improve the academic achievement of all 

3 students, including English language learners 

4 and students with disabilities, in eligible 

5 schools; 

6 (D) implement an early warning indicator 

7 and intervention system to alert schools when 

8 students begin to exhibit outcomes or behaviors 

9 that indicate the student is at increased risk for 

10 low academic achievement or is unlikely to 

11 progress to secondary school graduation, and to 

12 create a system of evidence-based interventions 

13 to be used by schools to effectively intervene, 

14 by— 

15 (i) identifying and analyzing, such as 

16 through the use of longitudinal data of 

17 past cohorts of students, the academic and 

18 behavioral indicators in the middle grades 

19 that most reliably predict dropping out of 

20 secondary school, such as attendance, 

21 chronic absenteeism, behavior measures 

22 (including suspensions, officer referrals, or 

23 conduct marks), academic performance in 

24 core courses, and earned on-time pro25 motion from grade-to-grade; 


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1 (ii) analyzing student progress and 

2 performance on the indicators identified 

3 under clause (i) to guide decisionmaking; 

4 (iii) analyzing academic indicators to 

5 determine whether students are on track to 

6 graduate on time, and developing appro7 priate evidence-based intervention; and 

8 (iv) identifying or developing a mecha9 nism for regularly collecting and report10 ing— 

11 (I) student-level data on the indi12 cators identified under clause (i); 

13 (II) student-level progress and 

14 performance, as described in clause 

15 (ii); 

16 (III) student-level data on the in17 dicators described in clause (iii); and 

18 (IV) information about the im19 pact of interventions on student out20 comes and progress; 

21 (E) increase academic rigor and foster stu22 dent engagement to ensure students are enter23 ing secondary school prepared for success in a 

24 rigorous college- and career-ready curriculum, 


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1 including a description of how such readiness 

2 will be measured; 

3 (F) implement a systemic transition plan 

4 for all students and encourage collaboration 

5 among elementary grades, middle grades, and 

6 secondary school grades to support the success7 ful transition between grades; 

8 (G) increase community and family en9 gagement in education in the middle grades to 

10 support student success; and 

11 (H) provide evidence that the strategies, 

12 programs, supports, and instructional practices 

13 proposed under the schoolwide improvement 

14 plan are new and have not been implemented 

15 before by the eligible local educational agency 

16 or eligible entity; and 

17 (3) provide evidence of an ongoing commitment 

18 to sustain the plan for a period of not less than 4 

19 years. 

20 (e) REVIEW AND SELECTION OF SUBGRANTS.—In 

21 making subgrants under subsection (a), the State edu22 cational agency shall— 

23 (1) establish a peer-review process to assist in 

24 the review and approval of applications under sub25 section (c); and 


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1 (2) appoint individuals to participate in the 

2 peer-review process who are educators and experts in 

3 identifying, evaluating, and implementing effective 

4 education programs and practices, including— 

5 (A) experts in areas of teaching and learn6 ing, educational standards and assessments, 

7 school improvement, in addressing the needs of 

8 students with disabilities and English language 

9 learners in the middle grades, and in the aca10 demic and behavioral supports for middle 

11 grades students; and 

12 (B) recognized exemplary middle grades 

13 teachers and principals who have been recog14 nized at the State or national level for exem15 plary work or contributions to the field. 

16 (f) REVISION OF SUBGRANTS.—If a State edu17 cational agency, using the peer-review process described 

18 in subsection (e), determines that an application for a 

19 grant under subsection (a) does not meet the requirements 

20 of this title, the State educational agency shall notify the 

21 eligible local educational agency or eligible entity of such 

22 determination and the reasons for such determination, and 

23 offer— 


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1 (1) the eligible local educational agency or eligi2 ble entity an opportunity to revise and resubmit the 

3 application; and 

4 (2) technical assistance to the eligible local edu5 cational agency or eligible entity, by the State edu6 cational agency or a nonprofit organization with 

7 demonstrated expertise in high-quality middle grades 

8 interventions, to revise the application. 

9 (g) MANDATORY USES OF FUNDS.—An eligible local 

10 educational agency or eligible entity that receives a 

11 subgrant under subsection (a) shall carry out the fol12 lowing: 

13 (1) Align the curricula for grades kindergarten 

14 through 12 for schools within the local educational 

15 agency to improve transitions from elementary 

16 grades to middle grades to secondary school grades. 

17 (2) In each eligible school served by the eligible 

18 local educational agency receiving or participating in 

19 the subgrant: 

20 (A) Align the curricula for all grade levels 

21 within eligible schools to improve grade to grade 

22 transitions. 

23 (B) Implement evidence-based or, when 

24 available, scientifically valid instructional strate25 gies, programs, and learning environments that 


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1 meet the needs of all students and ensure that 

2 school leaders and teachers receive professional 

3 development on the use of these strategies. 

4 (C) Ensure that school leaders, teachers, 

5 pupil service personnel, school librarians, and 

6 other school staff understand the developmental 

7 stages of adolescents in the middle grades and 

8 how to deal with those stages appropriately in 

9 an educational setting. 

10 (D) Implement organizational practices 

11 and school schedules that allow for effective 

12 leadership, collaborative staff participation, pro13 fessional development, effective teacher instruc14 tional teaming, and parent and community in15 volvement. 

16 (E) Create a more personalized and engag17 ing learning environment for middle grades stu18 dents by developing a personal academic plan 

19 for each student and assigning not less than 1 

20 adult to help monitor student progress. 

21 (F) Provide all students, and the students’ 

22 families, with information about, and assistance 

23 with, the requirements for secondary school 

24 graduation, admission to an institution of high25 er education, and career success. 


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1 (G) Utilize data from an early warning in2 dicator and intervention system described in 

3 subsection (d)(2)(D) to identify struggling stu4 dents and assist the students as the students 

5 transition from elementary school to middle 

6 grades to secondary school. 

7 (H) Implement academic supports, such as 

8 effective school library programs, and effective 

9 and coordinated additional assistance programs 

10 to ensure that students have a strong founda11 tion in reading, writing, mathematics, and 

12 science skills. 

13 (I) Implement evidence-based or, when 

14 available, scientifically valid schoolwide pro15 grams and targeted supports to promote posi16 tive academic outcomes, such as increased at17 tendance rates and the promotion of physical, 

18 personal, and social development. 

19 (J) Develop and use effective formative as20 sessments to inform instruction. 

21 (h) PERMISSIBLE USES OF FUNDS.—An eligible local 

22 educational agency or eligible entity that receives a 

23 subgrant under subsection (a) may use the subgrant funds 

24 to carry out the following: 


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1 (1) Implement extended learning opportunities 

2 in core academic areas including more instructional 

3 time in literacy, mathematics, science, history, and 

4 civics in addition to opportunities for language in5 struction and understanding other cultures and the 

6 arts. 

7 (2) Provide evidence-based professional develop8 ment activities with specific benchmarks to enable 

9 teachers and other school staff to appropriately 

10 monitor academic and behavioral progress of, and 

11 modify curricula and implement accommodations 

12 and assistive technology services for, students with 

13 disabilities, consistent with the students’ individual14 ized education programs under section 614(d) of the 

15 Individuals with Disabilities Education Act (20 

16 U.S.C. 1414(d)). 

17 (3) Employ and use instructional coaches, in18 cluding literacy, mathematics, and English language 

19 learner coaches. 

20 (4) Provide professional development for con21 tent-area teachers and school librarians on working 

22 effectively with English language learners and stu23 dents with disabilities, as well as professional devel24 opment for English as a second language educators, 

25 bilingual educators, and special education personnel. 


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1 (5) Provide professional development in areas 

2 that support decreasing rates of suspension and ex3 pulsion. 

4 (6) Encourage and facilitate the sharing of data 

5 among elementary grades, middle grades, secondary 

6 school grades, and postsecondary educational institu7 tions. 

8 (7) Create collaborative study groups composed 

9 of principals or middle grades teachers, or both, 

10 among eligible schools within the eligible local edu11 cational agency receiving or participating in the 

12 subgrant, or between such eligible local educational 

13 agency and another local educational agency, with a 

14 focus on developing and sharing methods to increase 

15 student learning and academic achievement. 

16 (i) PLANNING SUBGRANTS.— 

17 (1) IN GENERAL.—In addition to the subgrants 

18 described in subsection (a), a State educational 

19 agency may (without regard to the preceding provi20 sions of this section) make planning subgrants, and 

21 provide technical assistance, to eligible local edu22 cational agencies and eligible entities that have not 

23 received a subgrant under subsection (a) to assist 

24 the local educational agencies and eligible entities in 

25 meeting the requirements of subsections (c) and (d). 


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1 (2) AMOUNT AND DURATION.—Each subgrant 

2 under this subsection shall be in an amount of not 

3 more than $100,000 and shall be for a period of not 

4 more than 1 year in duration. 

5 SEC. 105. DURATION OF GRANTS; SUPPLEMENT NOT SUP6 PLANT. 

7 (a) DURATION OF GRANTS.— 

8 (1) IN GENERAL.—Except as provided in para9 graph (2), grants under this title and subgrants 

10 under section 104(a) may not exceed 3 years in du11 ration. 

12 (2) RENEWALS.— 

13 (A) IN GENERAL.—Grants and subgrants 

14 under this title may be renewed in 2-year incre15 ments. 

16 (B) CONDITIONS.—In order to be eligible 

17 to have a grant or subgrant renewed under this 

18 paragraph, the grant or subgrant recipient shall 

19 demonstrate, to the satisfaction of the granting 

20 entity, that— 

21 (i) the recipient has complied with the 

22 terms of the grant or subgrant, including 

23 by undertaking all required activities; and 


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1 (ii) during the period of the grant or 

2 subgrant, there has been significant 

3 progress in— 

4 (I) student academic achieve5 ment, as measured by the annual 

6 measurable objectives established pur7 suant to section 1111(b)(2)(C)(v) of 

8 the Elementary and Secondary Edu9 cation Act (20 U.S.C. 

10 6311(b)(2)(C)(v)); and 

11 (II) other key risk factors such 

12 as attendance, rates of chronic absen13 teeism, and on-time promotion. 

14 (b) FEDERAL FUNDS TO SUPPLEMENT, NOT SUP15 PLANT, NON-FEDERAL FUNDS.— 

16 (1) IN GENERAL.—A State educational agency, 

17 eligible local educational agency, or eligible entity 

18 shall use Federal funds received under this title only 

19 to supplement the funds that would, in the absence 

20 of such Federal funds, be made available from non21 Federal sources for the education of pupils partici22 pating in programs assisted under this title, and not 

23 to supplant such funds. 

24 (2) SPECIAL RULE.—Nothing in this title shall 

25 be construed to authorize an officer, employee, or 


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1 contractor of the Federal Government to mandate, 

2 direct, limit, or control a State, local educational 

3 agency, or school’s specific instructional content, 

4 academic achievement standards and assessments, 

5 curriculum, or program of instruction. 

6 SEC. 106. EVALUATION AND REPORTING. 

7 (a) EVALUATION.—Not later than 180 days after the 

8 date of enactment of this Act, and annually thereafter for 

9 the period of the grant, each State receiving a grant under 

10 this title shall— 

11 (1) conduct an evaluation of the State’s 

12 progress regarding the impact of the changes made 

13 to the policies and practices of the State in accord14 ance with this title, including— 

15 (A) a description of the specific changes 

16 made, or in the process of being made, to poli17 cies and practices as a result of the grant; 

18 (B) a discussion of any barriers hindering 

19 the identified changes in policies and practices, 

20 and implementation strategies to overcome such 

21 barriers; 

22 (C) evidence of the impact of changes to 

23 policies and practices on behavior and actions 

24 at the local educational agency and school level; 

25 and 


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1 (D) evidence of the impact of the changes 

2 to State and local policies and practices on im3 proving measurable learning gains by middle 

4 grades students; 

5 (2) use the results of the evaluation conducted 

6 under paragraph (1) to adjust the policies and prac7 tices of the State as necessary to achieve the pur8 poses of this title; and 

9 (3) submit the results of the evaluation to the 

10 Secretary. 

11 (b) AVAILABILITY.—The Secretary shall make the re12 sults of each State’s evaluation under subsection (a) avail13 able to other States and local educational agencies. 

14 (c) LOCAL EDUCATIONAL AGENCY REPORTING.—On 

15 an annual basis, each eligible local educational agency and 

16 eligible entity receiving a subgrant under section 104(a) 

17 shall report to the State educational agency and to the 

18 public on— 

19 (1) the performance on the school performance 

20 indicators (as described in section 103(a)(4)(B)(vi)) 

21 for each eligible school served by the eligible local 

22 educational agency or eligible entity, in the aggre23 gate and disaggregated by the subgroups described 

24 in section 1111(b)(2)(C)(v)(II) of the Elementary 


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

2 6311(b)(2)(C)(v)(II)); and 

3 (2) the use of funds by the eligible local edu4 cational agency or eligible entity and each such 

5 school. 

6 (d) STATE EDUCATIONAL AGENCY REPORTING.—On 

7 an annual basis, each State educational agency receiving 

8 grant funds under this title shall report to the Secretary 

9 and to the public on— 

10 (1) the performance of eligible schools in the 

11 State, based on the school performance indicators 

12 described in section 103(a)(4)(B)(vi), in the aggre13 gate and disaggregated by the subgroups described 

14 in section 1111(b)(2)(C)(v)(II) of the Elementary 

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

16 6311(b)(2)(C)(v)(II)); and 

17 (2) the use of the funds by each eligible local 

18 educational agency in the State and by each eligible 

19 school. 

20 (e) REPORT TO CONGRESS.—Every 2 years, the Sec21 retary shall report to the public and to Congress— 

22 (1) a summary of the State reports under sub23 section (d); and 

24 (2) the use of funds by each State under this 

25 title. 


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1 SEC. 107. AUTHORIZATION OF APPROPRIATIONS. 

2 There are authorized to be appropriated to carry out 

3 this title $1,000,000,000 for fiscal year 2014 and such 

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

5 fiscal years. 

6 TITLE II—RESEARCH 

7 RECOMMENDATIONS 

8 SEC. 201. PURPOSE. 

9 The purpose of this title is to facilitate the genera10 tion, dissemination, and application of research needed to 

11 identify and implement effective practices that lead to con12 tinual student learning and high academic achievement in 

13 the middle grades. 

14 SEC. 202. RESEARCH RECOMMENDATIONS. 

15 (a) STUDY ON PROMISING PRACTICES.— 

16 (1) IN GENERAL.—Not later than 60 days after 

17 the date of enactment of this Act, the Secretary 

18 shall enter into a contract with the Center for Edu19 cation of the National Academies to study and iden20 tify promising practices for the improvement of mid21 dle grades education. 

22 (2) CONTENT OF STUDY.—The study described 

23 in paragraph (1) shall identify promising practices 

24 currently being implemented for the improvement of 

25 middle grades education. The study shall be con26 ducted in an open and transparent way that provides 


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1 interim information to the public about criteria 

2 being used to identify— 

3 (A) promising practices; 

4 (B) the practices that are being consid5 ered; and 

6 (C) the kind of evidence needed to docu7 ment effectiveness. 

8 (3) REPORT.—The contract entered into pursu9 ant to this subsection shall require that the Center 

10 for Education of the National Academies submit to 

11 the Secretary, the Committee on Health, Education, 

12 Labor, and Pensions of the Senate, and the Com13 mittee on Education and the Workforce of the 

14 House of Representatives a final report regarding 

15 the study conducted under this subsection not later 

16 than 1 year after the date of the commencement of 

17 the contract. 

18 (4) PUBLICATION.—The Secretary shall make 

19 public and post on the website of the Department of 

20 Education the findings of the study conducted under 

21 this subsection. 

22 (b) SYNTHESIS STUDY OF EFFECTIVE TEACHING

23 AND LEARNING IN MIDDLE GRADES.— 

24 (1) IN GENERAL.—Not later than 60 days after 

25 the date of enactment of this Act, the Secretary 


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1 shall enter into a contract with the Center for Edu2 cation of the National Academies to review existing 

3 research on middle grades education, and on factors 

4 that might lead to increased effectiveness and en5 hanced innovation in middle grades education. 

6 (2) CONTENT OF STUDY.—The study described 

7 in paragraph (1) shall review research on education 

8 programs, practices, and policies, as well as research 

9 on the cognitive, social, and emotional development 

10 of children in the middle grades age range, in order 

11 to provide an enriched understanding of the factors 

12 that might lead to the development of innovative and 

13 effective middle grades programs, practices, and 

14 policies. The study shall focus on— 

15 (A) the areas of curriculum, instruction, 

16 and assessment (including additional supports 

17 for students who are below grade level in read18 ing, writing, mathematics, and science, and the 

19 identification of students with disabilities) to 

20 better prepare all students for subsequent suc21 cess in secondary school, postsecondary edu22 cation, and cognitively challenging employment; 

23 (B) the quality of, and supports for, the 

24 teacher workforce; 


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1 (C) aspects of student behavioral and so2 cial development, and of social interactions 

3 within schools that affect the learning of aca4 demic content; 

5 (D) the ways in which schools and local 

6 educational agencies are organized and operated 

7 that may be linked to student outcomes; 

8 (E) how development and use of early 

9 warning indicator and intervention systems can 

10 reduce risk factors for dropping out of school 

11 and low academic achievement; and 

12 (F) identification of areas where further 

13 research and evaluation may be needed on these 

14 topics to further the development of effective 

15 middle grades practices. 

16 (3) REPORT.—The contract entered into pursu17 ant to this subsection shall require that the Center 

18 for Education of the National Academies submit to 

19 the Secretary, the Committee on Health, Education, 

20 Labor, and Pensions of the Senate, and the Com21 mittee on Education and the Workforce of the 

22 House of Representatives a final report regarding 

23 the study conducted under this subsection not later 

24 than 2 years after the date of commencement of the 

25 contract. 


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1 (4) PUBLICATION.—The Secretary shall make 

2 public and post on the website of the Department of 

3 Education the findings of the study conducted under 

4 this subsection. 

5 (c) OTHER ACTIVITIES.—The Secretary shall carry 

6 out each of the following: 

7 (1) Create a national clearinghouse, in coordi8 nation with entities such as What Works and the 

9 Doing What Works Clearinghouses, for research in 

10 best practices in the middle grades and in the ap11 proaches that successfully take those best practices 

12 to scale in schools and local educational agencies. 

13 (2) Create a national middle grades database 

14 accessible to educational researchers, practitioners, 

15 and policymakers that identifies school, classroom, 

16 and system-level factors that facilitate or impede 

17 student academic achievement in the middle grades. 

18 (3) Require the Institute of Education Sciences 

19 to develop a strand of field-initiated and scientif20 ically valid research designed to enhance perform21 ance of schools serving middle grades students, and 

22 of middle grades students who are most at risk of 

23 educational failure, which may be coordinated with 

24 the regional educational laboratories established 

25 under section 174 of the Education Sciences Reform 


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1 Act of 2002 (20 U.S.C. 9564), institutions of higher 

2 education, agencies recognized for their research 

3 work that has been published in peer-reviewed jour4 nals, and organizations that have such regional edu5 cational laboratories. Such research shall target spe6 cific issues such as— 

7 (A) effective practices for instruction and 

8 assessment in mathematics, science, technology, 

9 and literacy; 

10 (B) academic interventions for adolescent 

11 English language learners; 

12 (C) school improvement programs and 

13 strategies for closing the academic achievement 

14 gap and decreasing rates of suspension and ex15 pulsion; 

16 (D) evidence-based or, when available, sci17 entifically valid professional development plan18 ning targeted to improve pedagogy and student 

19 academic achievement; 

20 (E) the effects of increased learning or ex21 tended school time in the middle grades; and 

22 (F) the effects of decreased class size or 

23 increased instructional and support staff. 

24 (4) Strengthen the work of the existing national 

25 research and development centers under section 


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1 133(c) of the Education Sciences Reform Act of 

2 2002 (20 U.S.C. 9533(c)), as of the date of enact3 ment of this Act, by adding an educational research 

4 and development center dedicated to addressing— 

5 (A) curricular, instructional, and assess6 ment issues pertinent to the middle grades 

7 (such as mathematics, science, technological flu8 ency, the needs of English language learners, 

9 and students with disabilities); 

10 (B) comprehensive reforms for low-per11 forming middle grades; and 

12 (C) other topics pertinent to improving the 

13 academic achievement of middle grades stu14 dents. 

15 (5) Provide grants to nonprofit organizations, 

16 for-profit organizations, institutions of higher edu17 cation, and others to partner with State educational 

18 agencies and local educational agencies to develop, 

19 adapt, or replicate effective models for turning 

20 around low-performing middle grades. 

21 SEC. 203. AUTHORIZATION OF APPROPRIATIONS; RESERVA22 TIONS. 

23 (a) AUTHORIZATION.—There are authorized to be ap24 propriated to carry out this title $100,000,000 for fiscal 


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1 year 2014 and such sums as may be necessary for each 

2 of the 5 succeeding fiscal years. 

3 (b) RESERVATIONS.—From the total amount made 

4 available to carry out this title, the Secretary shall re5 serve— 

6 (1) 2.5 percent for the studies described in sub7 sections (a) and (b) of section 202; 

8 (2) 5 percent for the clearinghouse described in 

9 section 202(c)(1); 

10 (3) 5 percent for the database described in sec11 tion 202(c)(2); 

12 (4) 42.5 percent for the activities described in 

13 section 202(c)(3); 

14 (5) 15 percent for the activities described in 

15 section 202(c)(4); and 

16 (6) 30 percent for the activities described in 

17 section 202(c)(5). 

Æ 


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