II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Growth to Excellence 

5 Act of 2013’’. 

6 SEC. 2. ACCOUNTABILITY MODEL. 

7 Section 1111(b) of the Elementary and Secondary 

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

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

10 following: 

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1 ‘‘(E) ASSESSMENTS ABOVE AND BELOW

2 GRADE LEVEL.— 

3 ‘‘(i) IN GENERAL.—Notwithstanding 

4 any other requirement of this paragraph, a 

5 State may carry out this paragraph 

6 through the use of adaptive assessments 

7 that— 

8 ‘‘(I) are administered through a 

9 computerized means; 

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

11 academic content standards; and 

12 ‘‘(III) measure academic growth 

13 above and below grade level. 

14 ‘‘(ii) REQUIREMENTS FOR ADAPTIVE

15 ASSESSMENTS.—For the results of any 

16 adaptive assessment to be included in the 

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

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

21 paragraph (12)(C)(i).’’; and 

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

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

25 ‘‘(A) IN GENERAL.— 

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1 ‘‘(i) TRANSITIONAL PARTICIPATION.— 

2 Prior to a State’s adoption of college and 

3 career ready academic content standards 

4 and college and career ready assessments, 

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

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

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

9 accountability requirements under para10 graph (12). 

11 ‘‘(ii) REQUIRED PARTICIPATION.— 

12 After the adoption of college and career 

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

16 paragraph (13) and required under this 

17 subsection— 

18 ‘‘(I) a State shall comply with 

19 this paragraph and paragraph (12) in 

20 lieu of paragraph (2); and 

21 ‘‘(II) references in this Act to 

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

23 be references to this paragraph and 

24 paragraph (12). 

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

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

5 ‘‘(i) Implement challenging college 

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

8 ‘‘(ii) Implement college and career 

9 ready assessments, as defined in paragraph 

10 13(C). 

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

12 graduation rates as defined in section 

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

14 Regulations. 

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

16 indicators of whether students are college 

17 and career ready, such as— 

18 ‘‘(I) student scores on the ACT; 

19 ‘‘(II) student scores on the SAT; 

20 ‘‘(III) the percentage of students 

21 who attend an institution of higher 

22 education; 

23 ‘‘(IV) college remediation rates; 

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1 ‘‘(V) results from Advanced 

2 Placement or International Bacca3 laureate exams; 

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

7 ‘‘(VII) rates of completion of the 

8 first year at an institution of higher 

9 education. 

10 ‘‘(v) Provide a comprehensive State 

11 system of accountability for schools that do 

12 not meet the annual progress targets de13 scribed under subclauses (V) and (VI) of 

14 paragraph (12)(B)(i), which aims to en15 sure that each student is college and ca16 reer ready before such student graduates 

17 from a secondary school that awards reg18 ular high school diplomas, and which shall 

19 include, at a minimum— 

20 ‘‘(I) the evaluation of each school 

21 and each group of students described 

22 in paragraph (2)(C)(v)(II) against an23 nual progress targets described in 

24 subclauses (V) and (VI) of paragraph 

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

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1 goal of ensuring that each student is 

2 college and career ready before such 

3 student graduates from a secondary 

4 school that awards regular high school 

5 diplomas; 

6 ‘‘(II) a system of categorization 

7 that will group schools based on— 

8 ‘‘(aa) how the overall per9 formance of students, and the 

10 performance of each subgroup of 

11 students described in paragraph 

12 (2)(C)(v)(II), at such school com13 pares to each annual progress 

14 target described in subclauses 

15 (V) and (VI) of paragraph 

16 (12)(B)(i); and 

17 ‘‘(bb) if the school is a sec18 ondary school that awards reg19 ular high school diplomas, how 

20 students at such school perform 

21 when measured against key indi22 cators of college and career read23 iness, as described in clauses (iii) 

24 and (iv); 

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1 ‘‘(III) supports and consequences 

2 for each school in the State, as appro3 priate for each school based on the 

4 categorization described in subclause 

5 (II); and 

6 ‘‘(IV) incentives for schools that 

7 consistently exceed the annual 

8 progress targets described in sub9 clauses (V) and (VI) of paragraph 

10 (12)(B)(i). 

11 ‘‘(vi) Adopt intervention mechanisms 

12 for schools, as described in section 1116. 

13 ‘‘(vii) Ensure that adequate student 

14 growth reports are delivered, in a timely 

15 manner, to parents and teachers (as appro16 priate) to enable parents and teachers to 

17 examine student progress toward becoming 

18 college and career ready. 

19 ‘‘(C) ASSESSMENTS ABOVE AND BELOW

20 GRADE LEVEL.— 

21 ‘‘(i) IN GENERAL.—In carrying out 

22 the assessment requirements described in 

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

24 adaptive assessments described in para25 graph (3)(E). 

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1 ‘‘(ii) REQUIREMENTS FOR ADAPTIVE

2 ASSESSMENTS.—For the results of any 

3 adaptive assessment to be included in the 

4 accountability model described under para5 graph (12), such results must provide the 

6 information necessary to determine ade7 quate student growth in accordance with 

8 paragraph (12)(C)(i). 

9 ‘‘(12) ACCOUNTABILITY MODEL.— 

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

11 use an accountability model under this para12 graph shall submit a plan to the Secretary, 

13 which shall demonstrate that the State has de14 veloped and will implement a single, statewide 

15 State accountability system that will be effective 

16 in ensuring that all local educational agencies, 

17 public elementary schools, and public secondary 

18 schools meet the standard of adequate student 

19 growth as defined under this paragraph. 

20 ‘‘(B) COMPONENTS OF THE ACCOUNT21 ABILITY MODEL.— 

22 ‘‘(i) IN GENERAL.—Each State ac23 countability model shall— 

24 ‘‘(I) be based on the academic 

25 standards and academic assessments 

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

2 and (11), and other academic indica3 tors consistent with subparagraph 

4 (C)(ii); 

5 ‘‘(II) take into account the 

6 achievement of all public elementary 

7 school and secondary school students; 

8 ‘‘(III) be the same accountability 

9 model that the State uses for all pub10 lic elementary schools and secondary 

11 schools or all local educational agen12 cies in the State; 

13 ‘‘(IV) include components that 

14 recognize successful schools and that 

15 require intervention measures in 

16 struggling schools, which the State 

17 will use to hold local educational agen18 cies and public elementary schools and 

19 secondary schools accountable for stu20 dent achievement and for ensuring 

21 that such agencies and schools meet 

22 the standard of adequate student 

23 growth as described in subparagraph 

24 (C), in accordance with this para25 graph; 

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1 ‘‘(V) establish annual progress 

2 targets for each school that aim to re3 duce by half, in less than 6 years— 

4 ‘‘(aa) the difference between 

5 the percentage of students at the 

6 top performing schools in the 

7 State who meet the college and 

8 career ready academic content 

9 standards described in paragraph 

10 (13)(B) or make adequate stu11 dent growth, as described in sub12 paragraph (C), and the percent13 age of such students at each 

14 school that is not a top per15 forming school; and 

16 ‘‘(bb) for each category of 

17 students described in paragraph 

18 (2)(C)(v)(II), the difference be19 tween the percentage of students 

20 who meet the college and career 

21 ready academic content stand22 ards described in paragraph 

23 (13)(B) or make adequate stu24 dent growth, as described in sub25 paragraph (C), at the top permstockstill on DSK4VPTVN1PROD with BILLS

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1 forming schools in the State, and 

2 the percentage of such students 

3 at each school that is not a top 

4 performing school; 

5 ‘‘(VI) establish annual progress 

6 targets for each secondary school that 

7 is subject to section 200.19(b)(1) of 

8 title 34, Code of Federal Regulations, 

9 that aim to reduce by half, in less 

10 than 6 years, the difference between 

11 the percentage of students who grad12 uate from such secondary school and 

13 90 percent; and 

14 ‘‘(VII) include another method 

15 that is educationally sound, rigorous, 

16 and will result in ambitious, but 

17 achievable, targets for all students 

18 and the subgroups of students de19 scribed in paragraph (2)(C)(v)(II). 

20 ‘‘(ii) DEFINITION OF TOP PER21 FORMING SCHOOL.—In this paragraph, the 

22 term ‘top performing school’ means a 

23 school that is ranked at the 90th percentile 

24 when all schools in a State are ranked 

25 (with separate rankings for elementary 

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1 schools and for secondary schools) from 

2 lowest to highest, based on the percentage 

3 of students at each school who meet chal4 lenging college and career ready academic 

5 content standards. 

6 ‘‘(iii) TOP PERFORMING SCHOOLS.—A 

7 top performing school shall be considered a 

8 school that is meeting annual progress tar9 gets under subclauses (V) and (VI) of 

10 clause (i), for such time as the school re11 mains a top performing school. 

12 ‘‘(C) ADEQUATE STUDENT GROWTH.— 

13 ‘‘(i) IN GENERAL.—The term ‘ade14 quate student growth’ shall be defined by 

15 a State— 

16 ‘‘(I) to mean— 

17 ‘‘(aa) for each student at a 

18 school who is not on track to 

19 being college and career ready in 

20 a subject, a rate of growth indi21 cating that the student will be on 

22 track to being college and career 

23 ready within 3 years, or by the 

24 last year of student testing, 

25 whichever is earlier; and 

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1 ‘‘(bb) for a student who is 

2 on track to being college and ca3 reer ready in a subject, but is not 

4 yet college and career ready, a 

5 rate of growth equal to not less 

6 than 1 year of academic growth; 

7 and 

8 ‘‘(II) in a manner that— 

9 ‘‘(aa) applies the same high 

10 standards of academic achieve11 ment to all public elementary 

12 school and secondary school stu13 dents in the State; 

14 ‘‘(bb) is statistically rig15 orous, valid, and reliable; 

16 ‘‘(cc) results in continuous 

17 and substantial academic im18 provement for all students; and 

19 ‘‘(dd) measures the progress 

20 of public elementary schools, sec21 ondary schools, local educational 

22 agencies, and the State based on 

23 the academic assessments de24 scribed in paragraphs (3) and 

25 (11). 

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1 ‘‘(ii) MEASURES OF ADEQUATE

2 SCHOOL PERFORMANCE.— 

3 ‘‘(I) IN GENERAL.—A State may 

4 develop a composite measure of a 

5 school’s adequate student growth, as 

6 described under this paragraph, to be 

7 used for public reporting, that may in8 corporate 1 or more of the following 

9 indicators: 

10 ‘‘(aa) Overall student cohort 

11 proficiency or growth to pro12 ficiency on the assessments 

13 adopted under paragraphs (3) 

14 and (11) over a period of 2 or 

15 more years. 

16 ‘‘(bb) The percentage of stu17 dents who are making sufficient 

18 growth to meet the college and 

19 career ready academic content 

20 standards, as described in para21 graph (13)(B), before the last 

22 year that the student is in the 

23 student’s current school, or in 

24 less than 3 years, whichever oc25 curs earlier. 

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1 ‘‘(cc) Progress in closing 

2 achievement gaps between each 

3 group of students listed in para4 graph (2)(C)(v)(II) and the over5 all student population of the 

6 school over a period of 2 or more 

7 years. 

8 ‘‘(dd) For secondary schools, 

9 a continuous and substantial in10 crease in the graduation rate (as 

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

12 title 34, Code of Federal Regula13 tions). 

14 ‘‘(ee) Year-to-year growth 

15 and growth to proficiency on the 

16 assessments adopted under para17 graphs (3) and (11). 

18 ‘‘(ff) Attendance for all pub19 lic elementary school students. 

20 ‘‘(gg) The percentage of stu21 dents who earn sufficient credits 

22 to be promoted to the next grade. 

23 ‘‘(hh) The percentage of sec24 ondary school graduates who re25 ceive a regular high school dimstockstill on DSK4VPTVN1PROD with BILLS

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1 ploma who attend an institution 

2 of higher education. 

3 ‘‘(ii) The percentage of sec4 ondary school graduates who re5 ceive a regular high school di6 ploma who do not require remedi7 ation at an institution of higher 

8 education. 

9 ‘‘(II) VALIDITY AND RELI10 ABILITY.—The State shall ensure that 

11 each indicator described in this clause 

12 is rigorous, valid for the indicator’s 

13 assigned use, reliable, and consistent 

14 with any relevant nationally recog15 nized professional and technical 

16 standards. 

17 ‘‘(III) REPORTING OF INDICA18 TORS.—A State shall publicly report 

19 each of the indicators that are in20 cluded within the composite measure 

21 of adequate school performance, as 

22 described in this clause, in the aggre23 gate and disaggregated by each group 

24 of students described in paragraph 

25 (2)(C)(v)(II). 

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1 ‘‘(D) ANNUAL IMPROVEMENT FOR

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

3 standard for adequate student growth under 

4 this paragraph, not less than 95 percent of each 

5 group of students described in paragraph 

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

7 required to take the assessments, consistent 

8 with paragraph (3), including subparagraph 

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

10 ‘‘(i) accommodations provided in the 

11 same manner as those provided under sec12 tion 504 of the Rehabilitation Act of 1973 

13 (29 U.S.C. 794); and 

14 ‘‘(ii) accommodations and alternative 

15 assessments provided in the same manner 

16 as those provided under section 

17 612(a)(16)(A) of the Individuals with Dis18 abilities Education Act. 

19 ‘‘(E) EVALUATION.— 

20 ‘‘(i) SECRETARIAL DUTIES.—The Sec21 retary shall— 

22 ‘‘(I) establish a rigorous peer-re23 view process, which shall include a di24 verse board of experts and community 

25 stakeholders, to assist in the review of 

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1 State accountability model plans, 

2 based on the criteria described in sub3 paragraphs (B) and (C)(i); 

4 ‘‘(II) appoint individuals to the 

5 peer-review process who are represent6 ative of parents, teachers, State edu7 cational agencies, and local edu8 cational agencies, and who are famil9 iar with educational standards, assess10 ments, accountability, the needs of 

11 low-performing schools, and other 

12 educational needs of students; 

13 ‘‘(III) if the Secretary determines 

14 that the State plan does not meet the 

15 requirements of this paragraph, im16 mediately notify the State of such de17 termination and the reasons for such 

18 determination; 

19 ‘‘(IV) not decline to approve a 

20 State’s accountability model plan be21 fore— 

22 ‘‘(aa) offering the State an 

23 opportunity to revise its account24 ability model plan; 

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1 ‘‘(bb) providing technical as2 sistance in order to assist the 

3 State to meet the requirements of 

4 this paragraph; 

5 ‘‘(cc) providing a hearing; 

6 and 

7 ‘‘(dd) allowing the State to 

8 communicate with peer reviewers 

9 in order to further explain or jus10 tify the merits of the State’s ac11 countability model plan; and 

12 ‘‘(V) have the authority to dis13 approve a State accountability model 

14 plan for not meeting the requirements 

15 of this paragraph, but shall not have 

16 the authority to require a State, as a 

17 condition of approval of the State ac18 countability model plan, to include in, 

19 or delete from, such plan 1 or more 

20 specific elements of the State’s aca21 demic content standards or to use 

22 specific academic assessment instru23 ments or items. 

24 ‘‘(ii) STATE REVISIONS.—A State ac25 countability model plan shall be revised by 

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1 the State educational agency if it is nec2 essary to satisfy the requirements of this 

3 paragraph. 

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

5 date of enactment of the Growth to Excellence 

6 Act of 2013, a State has already received ap7 proval from the Secretary to use an account8 ability model, the Secretary may allow such 

9 State a period of not more than 2 years from 

10 the date of enactment of such Act to transition 

11 to the use of the accountability model described 

12 in this paragraph. 

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

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

15 term ‘college and career ready’ when used with 

16 respect to a student means that the student 

17 meets the requirements necessary to be admit18 ted into credit-bearing, nonremedial, entry level 

19 coursework at a State public institution of high20 er education. 

21 ‘‘(B) COLLEGE AND CAREER READY ACA22 DEMIC CONTENT STANDARDS.—The term ‘col23 lege and career ready academic content stand24 ards’ means challenging academic content 

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1 standards (as required under paragraph (1)) 

2 that are— 

3 ‘‘(i) developed based on evidence that 

4 mastery of such standards corresponds to 

5 being college and career ready without the 

6 need for remediation; and 

7 ‘‘(ii)(I) common to a significant num8 ber of States; or 

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

10 4-year institutions of higher education in 

11 the State, such that mastery of such 

12 standards leads to placement into credit13 bearing, nonremedial, first-year coursework 

14 for a student admitted to an institution of 

15 higher education that is part of such sys16 tem. 

17 ‘‘(C) COLLEGE AND CAREER READY AS18 SESSMENTS.—The term ‘college and career 

19 ready assessments’ means an assessment for 

20 mathematics and an assessment for reading or 

21 language arts that— 

22 ‘‘(i) measures the annual academic 

23 growth of individual students; 

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

2 career ready academic content standards 

3 described in this paragraph; and 

4 ‘‘(iii) meets the requirements under 

5 paragraph (3). 

6 ‘‘(D) ON TRACK TO BEING COLLEGE AND

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

8 college and career ready’ in a subject means 

9 that a student is performing at or above grade 

10 level, such that the student will be college and 

11 career ready in the subject before graduation 

12 from a secondary school that awards regular 

13 high school diplomas, as measured by the State 

14 assessment system.’’. 

Æ 

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