```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 943 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                 S. 943

           To establish an alternative accountability model.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 14, 2013

   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.

    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 ``Growth to Excellence Act of 2013''.

SEC. 2. ACCOUNTABILITY MODEL.

    Section 1111(b) of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 6311(b)) is amended--
            (1) in paragraph (3), by adding at the end the following:
                    ``(E) Assessments above and below grade level.--
                            ``(i) In general.--Notwithstanding any 
                        other requirement of this paragraph, a State 
                        may carry out this paragraph through the use of 
                        adaptive assessments that--
                                    ``(I) are administered through a 
                                computerized means;
                                    ``(II) are aligned with grade-level 
                                academic content standards; and
                                    ``(III) measure academic growth 
                                above and below grade level.
                            ``(ii) Requirements for adaptive 
                        assessments.--For the results of any adaptive 
                        assessment to be included in the accountability 
                        model described under paragraph (12), such 
                        results must provide the information necessary 
                        to determine adequate student growth in 
                        accordance with paragraph (12)(C)(i).''; and
            (2) by adding at the end the following:
            ``(11) Criteria and implementation of accountability 
        model.--
                    ``(A) In general.--
                            ``(i) Transitional participation.--Prior to 
                        a State's adoption of college and career ready 
                        academic content standards and college and 
                        career ready assessments, as defined in 
                        subparagraphs (B) and (C) of paragraph (13), a 
                        State may apply to the Secretary to replace the 
                        State plan requirements under paragraph (2) 
                        with the accountability requirements under 
                        paragraph (12).
                            ``(ii) Required participation.--After the 
                        adoption of college and career ready academic 
                        content standards and college and career ready 
                        assessments, as defined in subparagraphs (B) 
                        and (C) of paragraph (13) and required under 
                        this subsection--
                                    ``(I) a State shall comply with 
                                this paragraph and paragraph (12) in 
                                lieu of paragraph (2); and
                                    ``(II) references in this Act to 
                                section 1111(b)(2) shall be deemed to 
                                be references to this paragraph and 
                                paragraph (12).
                    ``(B) Criteria.--A State that participates in the 
                accountability model described in paragraph (12) shall 
                carry out the following activities:
                            ``(i) Implement challenging college and 
                        career ready academic content standards, as 
                        defined in paragraph (13)(B).
                            ``(ii) Implement college and career ready 
                        assessments, as defined in paragraph 13(C).
                            ``(iii) For a secondary school, measure 
                        graduation rates as defined in section 
                        200.19(b)(1) of title 34, Code of Federal 
                        Regulations.
                            ``(iv) Assess not less than 2 additional 
                        indicators of whether students are college and 
                        career ready, such as--
                                    ``(I) student scores on the ACT;
                                    ``(II) student scores on the SAT;
                                    ``(III) the percentage of students 
                                who attend an institution of higher 
                                education;
                                    ``(IV) college remediation rates;
                                    ``(V) results from Advanced 
                                Placement or International 
                                Baccalaureate exams;
                                    ``(VI) student grade point averages 
                                at an institution of higher education; 
                                or
                                    ``(VII) rates of completion of the 
                                first year at an institution of higher 
                                education.
                            ``(v) Provide a comprehensive State system 
                        of accountability for schools that do not meet 
                        the annual progress targets described under 
                        subclauses (V) and (VI) of paragraph 
                        (12)(B)(i), which aims to ensure that each 
                        student is college and career ready before such 
                        student graduates from a secondary school that 
                        awards regular high school diplomas, and which 
                        shall include, at a minimum--
                                    ``(I) the evaluation of each school 
                                and each group of students described in 
                                paragraph (2)(C)(v)(II) against annual 
                                progress targets described in 
                                subclauses (V) and (VI) of paragraph 
                                (12)(B)(i) that are aligned with the 
                                goal of ensuring that each student is 
                                college and career ready before such 
                                student graduates from a secondary 
                                school that awards regular high school 
                                diplomas;
                                    ``(II) a system of categorization 
                                that will group schools based on--
                                            ``(aa) how the overall 
                                        performance of students, and 
                                        the performance of each 
                                        subgroup of students described 
                                        in paragraph (2)(C)(v)(II), at 
                                        such school compares to each 
                                        annual progress target 
                                        described in subclauses (V) and 
                                        (VI) of paragraph (12)(B)(i); 
                                        and
                                            ``(bb) if the school is a 
                                        secondary school that awards 
                                        regular high school diplomas, 
                                        how students at such school 
                                        perform when measured against 
                                        key indicators of college and 
                                        career readiness, as described 
                                        in clauses (iii) and (iv);
                                    ``(III) supports and consequences 
                                for each school in the State, as 
                                appropriate for each school based on 
                                the categorization described in 
                                subclause (II); and
                                    ``(IV) incentives for schools that 
                                consistently exceed the annual progress 
                                targets described in subclauses (V) and 
                                (VI) of paragraph (12)(B)(i).
                            ``(vi) Adopt intervention mechanisms for 
                        schools, as described in section 1116.
                            ``(vii) Ensure that adequate student growth 
                        reports are delivered, in a timely manner, to 
                        parents and teachers (as appropriate) to enable 
                        parents and teachers to examine student 
                        progress toward becoming college and career 
                        ready.
                    ``(C) Assessments above and below grade level.--
                            ``(i) In general.--In carrying out the 
                        assessment requirements described in 
                        subparagraph (B)(ii), a State may use adaptive 
                        assessments described in paragraph (3)(E).
                            ``(ii) Requirements for adaptive 
                        assessments.--For the results of any adaptive 
                        assessment to be included in the accountability 
                        model described under paragraph (12), such 
                        results must provide the information necessary 
                        to determine adequate student growth in 
                        accordance with paragraph (12)(C)(i).
            ``(12) Accountability model.--
                    ``(A) In general.--Each State that will use an 
                accountability model under this paragraph shall submit 
                a plan to the Secretary, which shall demonstrate that 
                the State has developed and will implement a single, 
                statewide State accountability system that will be 
                effective in ensuring that all local educational 
                agencies, public elementary schools, and public 
                secondary schools meet the standard of adequate student 
                growth as defined under this paragraph.
                    ``(B) Components of the accountability model.--
                            ``(i) In general.--Each State 
                        accountability model shall--
                                    ``(I) be based on the academic 
                                standards and academic assessments 
                                adopted under paragraphs (1), (3), and 
                                (11), and other academic indicators 
                                consistent with subparagraph (C)(ii);
                                    ``(II) take into account the 
                                achievement of all public elementary 
                                school and secondary school students;
                                    ``(III) be the same accountability 
                                model that the State uses for all 
                                public elementary schools and secondary 
                                schools or all local educational 
                                agencies in the State;
                                    ``(IV) include components that 
                                recognize successful schools and that 
                                require intervention measures in 
                                struggling schools, which the State 
                                will use to hold local educational 
                                agencies and public elementary schools 
                                and secondary schools accountable for 
                                student achievement and for ensuring 
                                that such agencies and schools meet the 
                                standard of adequate student growth as 
                                described in subparagraph (C), in 
                                accordance with this paragraph;
                                    ``(V) establish annual progress 
                                targets for each school that aim to 
                                reduce by half, in less than 6 years--
                                            ``(aa) the difference 
                                        between the percentage of 
                                        students at the top performing 
                                        schools in the State who meet 
                                        the college and career ready 
                                        academic content standards 
                                        described in paragraph (13)(B) 
                                        or make adequate student 
                                        growth, as described in 
                                        subparagraph (C), and the 
                                        percentage of such students at 
                                        each school that is not a top 
                                        performing school; and
                                            ``(bb) for each category of 
                                        students described in paragraph 
                                        (2)(C)(v)(II), the difference 
                                        between the percentage of 
                                        students who meet the college 
                                        and career ready academic 
                                        content standards described in 
                                        paragraph (13)(B) or make 
                                        adequate student growth, as 
                                        described in subparagraph (C), 
                                        at the top performing schools 
                                        in the State, and the 
                                        percentage of such students at 
                                        each school that is not a top 
                                        performing school;
                                    ``(VI) establish annual progress 
                                targets for each secondary school that 
                                is subject to section 200.19(b)(1) of 
                                title 34, Code of Federal Regulations, 
                                that aim to reduce by half, in less 
                                than 6 years, the difference between 
                                the percentage of students who graduate 
                                from such secondary school and 90 
                                percent; and
                                    ``(VII) include another method that 
                                is educationally sound, rigorous, and 
                                will result in ambitious, but 
                                achievable, targets for all students 
                                and the subgroups of students described 
                                in paragraph (2)(C)(v)(II).
                            ``(ii) Definition of top performing 
                        school.--In this paragraph, the term `top 
                        performing school' means a school that is 
                        ranked at the 90th percentile when all schools 
                        in a State are ranked (with separate rankings 
                        for elementary schools and for secondary 
                        schools) from lowest to highest, based on the 
                        percentage of students at each school who meet 
                        challenging college and career ready academic 
                        content standards.
                            ``(iii) Top performing schools.--A top 
                        performing school shall be considered a school 
                        that is meeting annual progress targets under 
                        subclauses (V) and (VI) of clause (i), for such 
                        time as the school remains a top performing 
                        school.
                    ``(C) Adequate student growth.--
                            ``(i) In general.--The term `adequate 
                        student growth' shall be defined by a State--
                                    ``(I) to mean--
                                            ``(aa) for each student at 
                                        a school who is not on track to 
                                        being college and career ready 
                                        in a subject, a rate of growth 
                                        indicating that the student 
                                        will be on track to being 
                                        college and career ready within 
                                        3 years, or by the last year of 
                                        student testing, whichever is 
                                        earlier; and
                                            ``(bb) for a student who is 
                                        on track to being college and 
                                        career ready in a subject, but 
                                        is not yet college and career 
                                        ready, a rate of growth equal 
                                        to not less than 1 year of 
                                        academic growth; and
                                    ``(II) in a manner that--
                                            ``(aa) applies the same 
                                        high standards of academic 
                                        achievement to all public 
                                        elementary school and secondary 
                                        school students in the State;
                                            ``(bb) is statistically 
                                        rigorous, valid, and reliable;
                                            ``(cc) results in 
                                        continuous and substantial 
                                        academic improvement for all 
                                        students; and
                                            ``(dd) measures the 
                                        progress of public elementary 
                                        schools, secondary schools, 
                                        local educational agencies, and 
                                        the State based on the academic 
                                        assessments described in 
                                        paragraphs (3) and (11).
                            ``(ii) Measures of adequate school 
                        performance.--
                                    ``(I) In general.--A State may 
                                develop a composite measure of a 
                                school's adequate student growth, as 
                                described under this paragraph, to be 
                                used for public reporting, that may 
                                incorporate 1 or more of the following 
                                indicators:
                                            ``(aa) Overall student 
                                        cohort proficiency or growth to 
                                        proficiency on the assessments 
                                        adopted under paragraphs (3) 
                                        and (11) over a period of 2 or 
                                        more years.
                                            ``(bb) The percentage of 
                                        students who are making 
                                        sufficient growth to meet the 
                                        college and career ready 
                                        academic content standards, as 
                                        described in paragraph (13)(B), 
                                        before the last year that the 
                                        student is in the student's 
                                        current school, or in less than 
                                        3 years, whichever occurs 
                                        earlier.
                                            ``(cc) Progress in closing 
                                        achievement gaps between each 
                                        group of students listed in 
                                        paragraph (2)(C)(v)(II) and the 
                                        overall student population of 
                                        the school over a period of 2 
                                        or more years.
                                            ``(dd) For secondary 
                                        schools, a continuous and 
                                        substantial increase in the 
                                        graduation rate (as defined in 
                                        section 200.19(b)(1) of title 
                                        34, Code of Federal 
                                        Regulations).
                                            ``(ee) Year-to-year growth 
                                        and growth to proficiency on 
                                        the assessments adopted under 
                                        paragraphs (3) and (11).
                                            ``(ff) Attendance for all 
                                        public elementary school 
                                        students.
                                            ``(gg) The percentage of 
                                        students who earn sufficient 
                                        credits to be promoted to the 
                                        next grade.
                                            ``(hh) The percentage of 
                                        secondary school graduates who 
                                        receive a regular high school 
                                        diploma who attend an 
                                        institution of higher 
                                        education.
                                            ``(ii) The percentage of 
                                        secondary school graduates who 
                                        receive a regular high school 
                                        diploma who do not require 
                                        remediation at an institution 
                                        of higher education.
                                    ``(II) Validity and reliability.--
                                The State shall ensure that each 
                                indicator described in this clause is 
                                rigorous, valid for the indicator's 
                                assigned use, reliable, and consistent 
                                with any relevant nationally recognized 
                                professional and technical standards.
                                    ``(III) Reporting of indicators.--A 
                                State shall publicly report each of the 
                                indicators that are included within the 
                                composite measure of adequate school 
                                performance, as described in this 
                                clause, in the aggregate and 
                                disaggregated by each group of students 
                                described in paragraph (2)(C)(v)(II).
                    ``(D) Annual improvement for schools.--Each year, 
                for a school to meet the standard for adequate student 
                growth under this paragraph, not less than 95 percent 
                of each group of students described in paragraph 
                (2)(C)(v)(II) who are enrolled in the school are 
                required to take the assessments, consistent with 
                paragraph (3), including subparagraph (C)(xi) of such 
                paragraph, and with--
                            ``(i) accommodations provided in the same 
                        manner as those provided under section 504 of 
                        the Rehabilitation Act of 1973 (29 U.S.C. 794); 
                        and
                            ``(ii) accommodations and alternative 
                        assessments provided in the same manner as 
                        those provided under section 612(a)(16)(A) of 
                        the Individuals with Disabilities Education 
                        Act.
                    ``(E) Evaluation.--
                            ``(i) Secretarial duties.--The Secretary 
                        shall--
                                    ``(I) establish a rigorous peer-
                                review process, which shall include a 
                                diverse board of experts and community 
                                stakeholders, to assist in the review 
                                of State accountability model plans, 
                                based on the criteria described in 
                                subparagraphs (B) and (C)(i);
                                    ``(II) appoint individuals to the 
                                peer-review process who are 
                                representative of parents, teachers, 
                                State educational agencies, and local 
                                educational agencies, and who are 
                                familiar with educational standards, 
                                assessments, accountability, the needs 
                                of low-performing schools, and other 
                                educational needs of students;
                                    ``(III) if the Secretary determines 
                                that the State plan does not meet the 
                                requirements of this paragraph, 
                                immediately notify the State of such 
                                determination and the reasons for such 
                                determination;
                                    ``(IV) not decline to approve a 
                                State's accountability model plan 
                                before--
                                            ``(aa) offering the State 
                                        an opportunity to revise its 
                                        accountability model plan;
                                            ``(bb) providing technical 
                                        assistance in order to assist 
                                        the State to meet the 
                                        requirements of this paragraph;
                                            ``(cc) providing a hearing; 
                                        and
                                            ``(dd) allowing the State 
                                        to communicate with peer 
                                        reviewers in order to further 
                                        explain or justify the merits 
                                        of the State's accountability 
                                        model plan; and
                                    ``(V) have the authority to 
                                disapprove a State accountability model 
                                plan for not meeting the requirements 
                                of this paragraph, but shall not have 
                                the authority to require a State, as a 
                                condition of approval of the State 
                                accountability model plan, to include 
                                in, or delete from, such plan 1 or more 
                                specific elements of the State's 
                                academic content standards or to use 
                                specific academic assessment 
                                instruments or items.
                            ``(ii) State revisions.--A State 
                        accountability model plan shall be revised by 
                        the State educational agency if it is necessary 
                        to satisfy the requirements of this paragraph.
                    ``(F) Approved schools.--If, as of the date of 
                enactment of the Growth to Excellence Act of 2013, a 
                State has already received approval from the Secretary 
                to use an accountability model, the Secretary may allow 
                such State a period of not more than 2 years from the 
                date of enactment of such Act to transition to the use 
                of the accountability model described in this 
                paragraph.
            ``(13) Definitions.--In this subsection:
                    ``(A) College and career ready.--The term `college 
                and career ready' when used with respect to a student 
                means that the student meets the requirements necessary 
                to be admitted into credit-bearing, nonremedial, entry 
                level coursework at a State public institution of 
                higher education.
                    ``(B) College and career ready academic content 
                standards.--The term `college and career ready academic 
                content standards' means challenging academic content 
                standards (as required under paragraph (1)) that are--
                            ``(i) developed based on evidence that 
                        mastery of such standards corresponds to being 
                        college and career ready without the need for 
                        remediation; and
                            ``(ii)(I) common to a significant number of 
                        States; or
                            ``(II) approved by a system of public 4-
                        year institutions of higher education in the 
                        State, such that mastery of such standards 
                        leads to placement into credit-bearing, 
                        nonremedial, first-year coursework for a 
                        student admitted to an institution of higher 
                        education that is part of such system.
                    ``(C) College and career ready assessments.--The 
                term `college and career ready assessments' means an 
                assessment for mathematics and an assessment for 
                reading or language arts that--
                            ``(i) measures the annual academic growth 
                        of individual students;
                            ``(ii) is aligned with the college and 
                        career ready academic content standards 
                        described in this paragraph; and
                            ``(iii) meets the requirements under 
                        paragraph (3).
                    ``(D) On track to being college and career ready.--
                The term `on track to being college and career ready' 
                in a subject means that a student is performing at or 
                above grade level, such that the student will be 
                college and career ready in the subject before 
                graduation from a secondary school that awards regular 
                high school diplomas, as measured by the State 
                assessment system.''.
                                 <all>
```