I 

112TH CONGRESS 

1ST SESSION H. R. 1547 

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 HOUSE OF REPRESENTATIVES 

APRIL 14, 2011 

Mr. GRIJALVA (for himself, Ms. MCCOLLUM, Mr. HOLT, Mr. SCOTT of Virginia, Mr. DAVIS of Illinois, and Mr. FATTAH) introduced the following 

bill; which was referred to the Committee on Education and the Workforce 

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. 

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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 ‘‘Success in the Middle 

5 Act of 2011’’. 

6 SEC. 2. FINDINGS. 

7 In this Act: 

8 (1) International comparisons indicate that stu9 dents in the United States do not start out behind 

10 students of other nations in mathematics and 

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

12 middle grades. 

(2) Only 1 13 ⁄3 of eighth grade students in the 

14 United States, and only 3 percent of such students 

15 who are English language learners, can read with 

16 proficiency, according to the 2009 National Assess17 ment on Educational Progress (NAEP). The per18 centage of eighth grade students proficient at read19 ing, and the average reading score for eighth grade 

20 students, have remained static. In contrast, NAEP 

21 reading scores and achievement levels for fourth 

22 grade students have increased significantly. 

(3) In mathematics, just over 1 23 ⁄3 of students in 

24 eighth grade show skills at the NAEP proficient 

25 level, and nearly 30 percent score below the basic 

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1 level. The percentage of eighth grade students scor2 ing above the basic level was 10 points higher in 

3 2009 than in 2000, but for fourth grade students, 

4 the percentage increased 17 points, more than dou5 ble the increase for middle grades students. In 

6 eighth grade, the gaps between the average mathe7 matics scores of White and Black students and be8 tween White and Hispanic students were approxi9 mately as wide in 2009 as in 1990. 

10 (4) Fewer than 1 in 4 of the students who 

11 graduate from secondary school meet, as eighth 

12 graders, all 4 of ACT’s EXPLORE College Readi13 ness Benchmarks, the minimum level of achievement 

14 that ACT has shown is necessary if students are to 

15 be college- and career-ready upon their graduation 

16 from secondary school. 

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

18 grades has serious implications for students. Stu19 dents who enter secondary school 2 or more years 

20 behind grade level in mathematics and literacy have 

21 only a 50 percent chance of progressing on time to 

22 the tenth grade; those not progressing are at signifi23 cant risk of dropping out of secondary school. 

24 (6) Middle grades students are hopeful about 

25 their future, with 93 percent believing that they will 

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1 complete secondary school and 86 percent antici2 pating that they will attend an institution of higher 

3 education. 

4 (7) Sixth grade students who do not attend 

5 school regularly, who are subjected to frequent dis6 ciplinary actions, or who fail mathematics or English 

7 have less than a 15 percent chance of graduating 

8 secondary school on time and a 20 percent chance 

9 of graduating 1 year late. Without effective interven10 tions and proper supports, these students are at risk 

11 of subsequent failure in secondary school, or of drop12 ping out. 

13 (8) Student transitions from elementary school 

14 to the middle grades and to secondary school are 

15 often complicated by poor curriculum alignment, in16 adequate counseling services, and unsatisfactory 

17 sharing of student performance and academic 

18 achievement data between grades. 

19 (9) According to ACT, the level of academic 

20 achievement that students attain by eighth grade 

21 has a larger impact on the students’ college and ca22 reer readiness upon graduation from secondary 

23 school than anything that happens academically in 

24 secondary school. 

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1 (10) Schools that serve children in the middle 

2 grades are almost twice as likely as elementary 

3 schools to be identified for improvement, corrective 

4 action, or restructuring (22 percent as compared to 

5 13 percent) under section 1116 of the Elementary 

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

7 6316). 

8 (11) Middle grades improvement strategies 

9 should be tailored based on a variety of performance 

10 indicators and data, so that educators can create 

11 and implement successful school improvement strate12 gies to address the needs of the middle grades, and 

13 so that teachers can provide effective instruction and 

14 adequate assistance to meet the needs of at-risk stu15 dents. 

16 (12) To stem a dropout rate nearly twice that 

17 of students without disabilities, students with dis18 abilities in the critical middle grades must receive 

19 appropriate academic accommodations and access to 

20 assistive technology, high-risk behaviors such as ab21 senteeism and course failure must be monitored, and 

22 problem-solving skills with broad application must be 

23 taught. 

24 (13) Local educational agencies and State edu25 cational agencies often do not have the capacity to 

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1 provide support for school improvement strategies. 

2 Successful models do exist for turning around low3 performing middle grades, and Federal support 

4 should be provided to increase the capacity to apply 

5 promising practices based on evidence from success6 ful schools. 

7 SEC. 3. DEFINITIONS. 

8 In this Act: 

9 (1) ESEA DEFINITIONS.—The terms ‘‘elemen10 tary school’’, ‘‘local educational agency’’, ‘‘secondary 

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

12 meanings given the terms in section 9101 of the Ele13 mentary and Secondary Education Act of 1965 (20 

14 U.S.C. 7801). 

15 (2) DIGITAL LITERACY SKILLS.—The term 

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

17 term in section 202 of the Museum and Library 

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

19 (3) ELIGIBLE ENTITY.—The term ‘‘eligible enti20 ty’’ means a partnership that includes— 

21 (A) not less than 1 eligible local edu22 cational agency; and 

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

24 (ii) an educational service agency (as de25 fined in section 9101 of the Elementary and 

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

2 7801)); or 

3 (iii) a nonprofit organization with dem4 onstrated expertise in high quality middle 

5 grades intervention. 

6 (4) ELIGIBLE LOCAL EDUCATIONAL AGENCY.— 

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

8 a local educational agency that serves not less than 

9 1 eligible school. 

10 (5) ELIGIBLE SCHOOL.—The term ‘‘eligible 

11 school’’ means an elementary or secondary school 

12 that contains not less than 2 or more successive 

13 grades beginning with grade 5 and ending with 

14 grade 8 and for which— 

15 (A) a high proportion of the middle grades 

16 students attending such school go on to attend 

17 a secondary school with a graduation rate of 

18 less than 65 percent; 

19 (B) more than 25 percent of the students 

20 who finish grade 6 at such school, or the ear21 liest middle grade level at the school, exhibit 1 

22 or more of the key risk factors and early risk 

23 identification signs, including— 

24 (i) student attendance below 90 per25 cent; 

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1 (ii) a failing grade in a mathematics 

2 or reading or language arts course; 

3 (iii) 2 failing grades in any courses; 

4 and 

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

6 evidence of at-risk behavior; or 

7 (C) more than 50 percent of the middle 

8 grades students attending such school do not 

9 perform at a proficient level on State student 

10 academic assessments required under section 

11 1111(b)(3) of the Elementary and Secondary 

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

13 in mathematics or reading or language arts. 

14 (6) INSTITUTION OF HIGHER EDUCATION.—The 

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

16 meaning given the term in section 101 of the Higher 

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

18 (7) MIDDLE GRADES.—The term ‘‘middle 

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

20 (8) PRINCIPLES OF SCIENTIFIC RESEARCH.— 

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

22 meaning given the term in section 200 of the Higher 

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

24 (9) SCIENTIFICALLY VALID RESEARCH.—The 

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

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1 given the term in section 200 of the Higher Edu2 cation Act of 1965 (20 U.S.C. 1021). 

3 (10) SECRETARY.—The term ‘‘Secretary’’ 

4 means the Secretary of Education. 

5 (11) STATE.—The term ‘‘State’’ means each of 

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

7 Commonwealth of Puerto Rico. 

8 (12) STUDENT WITH A DISABILITY.—The term 

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

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

11 of the Individuals with Disabilities Education Act 

12 (20 U.S.C. 1401). 

13 TITLE I—MIDDLE GRADES 

14 IMPROVEMENT 

15 SEC. 101. PURPOSES. 

16 The purposes of this title are to— 

17 (1) improve middle grades student academic 

18 achievement and prepare students for rigorous sec19 ondary school course work, postsecondary education, 

20 independent living, and employment; 

21 (2) ensure that curricula and student supports 

22 for middle grades education align with the curricula 

23 and student supports provided for elementary and 

24 secondary school grades; 

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1 (3) provide resources to State educational agen2 cies and local educational agencies to collaboratively 

3 develop school improvement plans in order to deliver 

4 support and technical assistance to schools serving 

5 students in the middle grades; and 

6 (4) increase the capacity of States and local 

7 educational agencies to develop effective, sustainable, 

8 and replicable school improvement programs and 

9 models and evidence-based or, when available, sci10 entifically valid student interventions for implemen11 tation by schools serving students in the middle 

12 grades. 

13 SEC. 102. FORMULA GRANTS TO STATE EDUCATIONAL 

14 AGENCIES FOR MIDDLE GRADES IMPROVE15 MENT. 

16 (a) IN GENERAL.—From amounts appropriated 

17 under section 107, the Secretary shall make grants under 

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

19 for which the Secretary has approved an application under 

20 subsection (f) in an amount equal to the allotment deter21 mined for such agency under subsection (c) for such fiscal 

22 year. 

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

24 available to carry out this title for a fiscal year, the Sec25 retary— 

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

2 the Secretary of the Interior (on behalf of the Bu3 reau of Indian Affairs) and the outlying areas for 

4 activities carried out in accordance with this section; 

5 (2) shall reserve 1 percent to evaluate the effec6 tiveness of this title in achieving the purposes of this 

7 title and ensuring that results are peer-reviewed and 

8 widely disseminated, which may include hiring an 

9 outside evaluator; and 

10 (3) shall reserve 5 percent for technical assist11 ance and dissemination of best practices in middle 

12 grades education to States and local educational 

13 agencies. 

14 (c) AMOUNT OF STATE ALLOTMENTS.— 

15 (1) IN GENERAL.—Except as provided in para16 graph (2), of the total amount made available to 

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

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

19 amount among the States in proportion to the num20 ber of children, aged 5 to 17, who reside within the 

21 State and are from families with incomes below the 

22 poverty line for the most recent fiscal year for which 

23 satisfactory data are available, compared to the 

24 number of such individuals who reside in all such 

25 States for that fiscal year, determined in accordance 

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

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

3 6333(c)(1)(A)). 

4 (2) MINIMUM ALLOTMENTS.—No State edu5 cational agency shall receive an allotment under this 

subsection for a fiscal year that is less than 1 6 ⁄2 of 

7 1 percent of the amount made available to carry out 

8 this title for such fiscal year. 

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

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

11 $500,000,000, the Secretary is authorized to award grants 

12 to State educational agencies, on a competitive basis, rath13 er than as allotments described in this section, to enable 

14 such agencies to award subgrants under section 104 on 

15 a competitive basis. 

16 (e) REALLOTMENT.— 

17 (1) FAILURE TO APPLY; APPLICATION NOT AP18 PROVED.—If any State educational agency does not 

19 apply for an allotment under this title for a fiscal 

20 year, or if the application from the State educational 

21 agency is not approved, the Secretary shall reallot 

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

23 States in accordance with this section. 

24 (2) UNUSED FUNDS.—The Secretary may 

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

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1 Secretary determines that the State will be unable to 

2 use such amount within 2 years of such allotment. 

3 Such reallotments shall be made on the same basis 

4 as allotments are made under subsection (c). 

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

6 this title, a State educational agency shall submit an appli7 cation to the Secretary at such time, in such manner, and 

8 accompanied by such information as the Secretary may 

9 reasonably require, including a State middle grades im10 provement plan described in section 103(a)(4). 

11 (g) PEER REVIEW AND SELECTION.—The Sec12 retary— 

13 (1) shall establish a peer-review process to as14 sist in the review and approval of proposed State ap15 plications; 

16 (2) shall appoint individuals to participate in 

17 the peer-review process who are educators and ex18 perts in identifying, evaluating, and implementing 

19 effective education programs and practices (includ20 ing in the areas of teaching and learning, edu21 cational standards and assessments, school improve22 ment, and academic and behavioral supports for 

23 middle grades students, and in addressing the needs 

24 of students with disabilities and English language 

25 learners in the middle grades), which individuals 

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1 may include recognized exemplary middle grades 

2 teachers and middle grades principals who have been 

3 recognized at the State or national level for exem4 plary work or contributions to the field; 

5 (3) shall ensure that States are given the op6 portunity to receive timely feedback, and to interact 

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

8 communication, on issues that need clarification dur9 ing the peer-review process; 

10 (4) shall approve a State application submitted 

11 under this title not later than 120 days after the 

12 date of submission of the application unless the Sec13 retary determines that the application does not meet 

14 the requirements of this title; 

15 (5) may not decline to approve a State’s appli16 cation before— 

17 (A) offering the State an opportunity to 

18 revise the State’s application; 

19 (B) providing the State with technical as20 sistance in order to submit a successful applica21 tion; and 

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

23 (6) shall direct the Inspector General of the De24 partment of Education to— 

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1 (A) review final determinations reached by 

2 the Secretary to approve or deny State applica3 tions; 

4 (B) analyze the consistency of the process 

5 used by peer-review panels in reviewing and rec6 ommending to the Secretary approval or denial 

7 of such State applications; and 

8 (C) report the findings of this review and 

9 analysis to Congress. 

10 SEC. 103. STATE PLAN; AUTHORIZED ACTIVITIES. 

11 (a) MANDATORY ACTIVITIES.— 

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

13 that receives a grant under this title shall use the 

14 grant funds— 

15 (A) to prepare and implement the needs 

16 analysis and middle grades improvement plan, 

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

18 agency; 

19 (B) to make subgrants to eligible local 

20 educational agencies or eligible entities under 

21 section 104; and 

22 (C) to assist eligible local educational agen23 cies and eligible entities, when determined nec24 essary by the State educational agency or at the 

25 request of an eligible local educational agency 

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1 or eligible entity, in designing a comprehensive 

2 schoolwide improvement plan and carrying out 

3 the activities under section 104. 

4 (2) FUNDS FOR SUBGRANTS.—A State edu5 cational agency that receives a grant under this title 

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

7 to make subgrants to eligible local educational agen8 cies or eligible entities under section 104. 

9 (3) MIDDLE GRADES NEEDS ANALYSIS.— 

10 (A) IN GENERAL.—A State educational 

11 agency that receives a grant under this title 

12 shall enter into a contract, or similar formal 

13 agreement, to work with entities such as na14 tional and regional comprehensive centers (as 

15 described in section 203 of the Educational 

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

17 9602)), institutions of higher education, or non18 profit organizations with demonstrated exper19 tise in high-quality middle grades reform, to 

20 prepare a plan that analyzes how to strengthen 

21 the programs, practices, and policies of the 

22 State in supporting students in the middle 

23 grades, including the factors, such as local im24 plementation, that influence variation in the efmstockstill on DSKH9S0YB1PROD with BILLS

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1 fectiveness of such programs, practices, and 

2 policies. 

3 (B) PREPARATION OF PLAN.—In preparing 

4 the plan under subparagraph (A), the State 

5 educational agency shall examine policies and 

6 practices of the State, and of local educational 

7 agencies within the State, affecting— 

8 (i) middle grades curriculum instruc9 tion and assessment; 

10 (ii) education accountability and data 

11 systems; 

12 (iii) teacher quality and equitable dis13 tribution; 

14 (iv) interventions that support learn15 ing in school; 

16 (v) family and community engagement 

17 in education; and 

18 (vi) student and academic support 

19 services, such as effective school library 

20 programs and school counseling on the 

21 transition to secondary school and plan22 ning for entry into postsecondary edu23 cation and the workforce. 

24 (4) MIDDLE GRADES IMPROVEMENT PLAN.— 

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1 (A) IN GENERAL.—A State educational 

2 agency that receives a grant under this title 

3 shall develop a middle grades improvement plan 

4 that— 

5 (i) shall be a statewide plan to im6 prove student academic achievement in the 

7 middle grades, based on the needs analysis 

8 described in paragraph (3); and 

9 (ii) describes what students are re10 quired to know and do to successfully— 

11 (I) complete the middle grades; 

12 and 

13 (II) make the transition to suc14 ceed in academically rigorous sec15 ondary school coursework that pre16 pares students for postsecondary edu17 cation, independent living, and em18 ployment. 

19 (B) PLAN COMPONENTS.—A middle grades 

20 improvement plan described in subparagraph 

21 (A) shall also describe how the State edu22 cational agency will do each of the following: 

23 (i) Ensure— 

24 (I) that the curricula and assess25 ments for middle grades education are 

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1 aligned with secondary school cur2 ricula and assessments and prepare 

3 students to take challenging secondary 

4 school courses and successfully engage 

5 in postsecondary education; and 

6 (II) coordination, where applica7 ble, with the activities carried out 

8 through grants for P–16 education 

9 alignment under section 6201(c)(1) of 

10 the America COMPETES Act. 

11 (ii) Ensure that professional develop12 ment is provided to school leaders, teach13 ers, and other school personnel in— 

14 (I) addressing the needs of di15 verse learners, including students with 

16 disabilities and English language 

17 learners; 

18 (II) using challenging and rel19 evant research-based best practices 

20 and curricula; and 

21 (III) using data to inform in22 struction. 

23 (iii) Identify and disseminate informa24 tion on effective schools and instructional 

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1 strategies for middle grades students based 

2 on high-quality research. 

3 (iv) Include specific provisions for stu4 dents most at risk of not graduating from 

5 secondary school, including English lan6 guage learners and students with disabil7 ities. 

8 (v) Provide technical assistance to eli9 gible entities to develop and implement 

10 their early warning indicator and interven11 tion systems, as described in section 

12 104(d)(2)(D). 

13 (vi) Define a set of comprehensive 

14 school performance indicators that shall be 

15 used, in addition to the indicators used to 

16 determine adequate yearly progress, as de17 fined in section 1111(b)(2)(C) of the Ele18 mentary and Secondary Education Act of 

19 1965 (20 U.S.C. 6311(b)(2)(C)), to evalu20 ate school performance, and guide the 

21 school improvement process, such as— 

22 (I) student attendance and ab23 senteeism; 

24 (II) earned on-time promotion 

25 rates from grade to grade; 

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1 (III) percentage of students fail2 ing a mathematics, reading or lan3 guage arts, or science course, or fail4 ing 2 or more of any courses; 

5 (IV) teacher quality and attend6 ance measures; 

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

8 suspension or other measurable evi9 dence of at-risk behavior; and 

10 (VI) additional indicators pro11 posed by the State educational agen12 cy, and approved by the Secretary 

13 pursuant to the peer-review process 

14 described in section 102(g). 

15 (vii) Ensure that such plan is coordi16 nated with State activities to turn around 

17 other schools in need of improvement, in18 cluding State activities to improve sec19 ondary schools and elementary schools. 

20 (b) PERMISSIBLE ACTIVITIES.—A State educational 

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

22 grant funds to— 

23 (1) develop and encourage collaborations among 

24 researchers at institutions of higher education, State 

25 educational agencies, educational service agencies 

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1 (as defined in section 9101 of the Elementary and 

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

3 7801)), local educational agencies, and nonprofit or4 ganizations with demonstrated expertise in high 

5 quality middle grades interventions, to expand the 

6 use of effective practices in the middle grades and 

7 to improve middle grades education; 

8 (2) support local educational agencies in imple9 menting effective middle grades practices, models, 

10 and programs that— 

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

12 scientifically valid; and 

13 (B) lead to improved student academic 

14 achievement; 

15 (3) support collaborative communities of middle 

16 grades teachers, administrators, school librarians, 

17 and researchers in creating and sustaining informa18 tional databases to disseminate results from rigorous 

19 research on effective practices and programs for 

20 middle grades education; and 

21 (4) increase middle grades student and aca22 demic support services, such as effective school li23 brary programs and school counseling on the transi24 tion to secondary school and planning for entry into 

25 postsecondary education and the workforce. 

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1 SEC. 104. COMPETITIVE SUBGRANTS TO IMPROVE LOW2 PERFORMING MIDDLE GRADES. 

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

4 receives a grant under this title shall make competitive 

5 subgrants to eligible local educational agencies and eligible 

6 entities to enable the eligible local educational agencies 

7 and eligible entities to improve low-performing middle 

8 grades in schools served by the agencies or entities. 

9 (b) PRIORITIES.—In making subgrants under sub10 section (a), a State educational agency shall give priority 

11 to eligible local educational agencies or eligible entities 

12 based on— 

13 (1) the respective populations of children de14 scribed in section 102(c)(1) served by the eligible 

15 local educational agencies participating in the 

16 subgrant application process; and 

17 (2) the respective populations of children served 

18 by the participating eligible local educational agen19 cies who attend eligible schools. 

20 (c) APPLICATION.—An eligible local educational 

21 agency or eligible entity that desires to receive a subgrant 

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

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

24 and accompanied by such information as the State edu25 cational agency may reasonably require, including— 

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1 (1) a comprehensive schoolwide improvement 

2 plan described in subsection (d); 

3 (2) a description of how activities described in 

4 such plan will be coordinated with activities specified 

5 in plans for schoolwide programs under section 1114 

6 of the Elementary and Secondary Education Act of 

7 1965 (20 U.S.C. 6314) and school improvement 

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

9 (20 U.S.C. 6316(b)(3)); and 

10 (3) a description of how activities described in 

11 such plan will be complementary to, and coordinated 

12 with, school improvement activities for elementary 

13 schools and secondary schools in need of improve14 ment that serve the same students within the par15 ticipating local educational agency. 

16 (d) COMPREHENSIVE SCHOOLWIDE IMPROVEMENT

17 PLAN.—An eligible local educational agency or eligible en18 tity that desires to receive a subgrant under subsection 

19 (a) shall develop a comprehensive schoolwide improvement 

20 plan for the middle grades that shall— 

21 (1) include the information described in sub22 section (c)(2); 

23 (2) describe how the eligible local educational 

24 agency or eligible entity will— 

25 (A) identify eligible schools; 

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1 (B) ensure that funds go to the highest 

2 priority eligible schools first, based on the eligi3 ble schools’ populations of children described in 

4 section 102(c)(1); 

5 (C) use funds to improve the academic 

6 achievement of all students, including English 

7 language learners and students with disabilities, 

8 in eligible schools; 

9 (D) implement an early warning indicator 

10 and intervention system to alert schools when 

11 students begin to exhibit outcomes or behaviors 

12 that indicate the student is at increased risk for 

13 low academic achievement or is unlikely to 

14 progress to secondary school graduation, and to 

15 create a system of evidence-based interventions 

16 to be used by schools to effectively intervene, 

17 by— 

18 (i) identifying and analyzing, such as 

19 through the use of longitudinal data of 

20 past cohorts of students, the academic and 

21 behavioral indicators in the middle grades 

22 that most reliably predict dropping out of 

23 secondary school, such as attendance, be24 havior measures (including suspensions, of25 ficer referrals, or conduct marks), acamstockstill on DSKH9S0YB1PROD with BILLS

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1 demic performance in core courses, and 

2 earned on-time promotion from grade-to3 grade; 

4 (ii) analyzing student progress and 

5 performance on the indicators identified 

6 under clause (i) to guide decisionmaking; 

7 (iii) analyzing academic indicators to 

8 determine whether students are on track to 

9 graduate on time, and developing appro10 priate evidence-based intervention; and 

11 (iv) identifying or developing a mecha12 nism for regularly collecting and report13 ing— 

14 (I) student-level data on the indi15 cators identified under clause (i); 

16 (II) student-level progress and 

17 performance, as described in clause 

18 (ii); 

19 (III) student-level data on the in20 dicators described in clause (iii); and 

21 (IV) information about the im22 pact of interventions on student out23 comes and progress; 

24 (E) increase academic rigor and foster stu25 dent engagement to ensure students are entermstockstill on DSKH9S0YB1PROD with BILLS

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1 ing secondary school prepared for success in a 

2 rigorous college- and career-ready curriculum, 

3 including a description of how such readiness 

4 will be measured; 

5 (F) implement a systemic transition plan 

6 for all students and encourage collaboration 

7 among elementary grades, middle grades, and 

8 secondary school grades; 

9 (G) increase community and family en10 gagement in education in the middle school 

11 grades to support student success; and 

12 (H) provide evidence that the strategies, 

13 programs, supports, and instructional practices 

14 proposed under the schoolwide improvement 

15 plan are new and have not been implemented 

16 before by the eligible local educational agency 

17 or eligible entity; and 

18 (3) provide evidence of an ongoing commitment 

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

20 years. 

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

22 making subgrants under subsection (a), the State edu23 cational agency shall— 

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

2 the review and approval of applications under sub3 section (c); and 

4 (2) appoint individuals to participate in the 

5 peer-review process who are educators and experts in 

6 identifying, evaluating, and implementing effective 

7 education programs and practices, including— 

8 (A) experts in areas of teaching and learn9 ing, educational standards and assessments, 

10 school improvement, addressing the needs of 

11 students with disabilities and English language 

12 learners in the middle grades, and academic 

13 and behavioral supports for middle grades stu14 dents; and 

15 (B) recognized exemplary middle grades 

16 teachers and principals who have been recog17 nized at the State or national level for exem18 plary work or contributions to the field. 

19 (f) REVISION OF SUBGRANTS.—If a State edu20 cational agency, using the peer-review process described 

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

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

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

24 eligible local educational agency or eligible entity of such 

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1 determination and the reasons for such determination, and 

2 offer— 

3 (1) the eligible local educational agency or eligi4 ble entity an opportunity to revise and resubmit the 

5 application; and 

6 (2) technical assistance to the eligible local edu7 cational agency or eligible entity, by the State edu8 cational agency or a nonprofit organization with 

9 demonstrated expertise in high quality middle grades 

10 interventions, to revise the application. 

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

12 educational agency or eligible entity that receives a 

13 subgrant under subsection (a) shall carry out the fol14 lowing: 

15 (1) Align the curricula for grades kindergarten 

16 through 12 for schools within the local educational 

17 agency to improve transitions from elementary 

18 grades to middle grades to secondary school grades. 

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

20 local educational agency receiving or participating in 

21 the subgrant: 

22 (A) Align the curricula for all grade levels 

23 within eligible schools to improve grade to grade 

24 transitions. 

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1 (B) Implement evidence-based or, when 

2 available, scientifically valid instructional strate3 gies, programs, and learning environments that 

4 meet the needs of all students and ensure that 

5 school leaders and teachers receive professional 

6 development on the use of these strategies. 

7 (C) Ensure that school leaders, teachers, 

8 pupil service personnel, school librarians, and 

9 other school staff understand the developmental 

10 stages of adolescents in the middle grades and 

11 how to deal with those stages appropriately in 

12 an educational setting. 

13 (D) Implement organizational practices 

14 and school schedules that allow for effective 

15 leadership, collaborative staff participation, ef16 fective teacher teaming, and parent and com17 munity involvement. 

18 (E) Create a more personalized and engag19 ing learning environment for middle grades stu20 dents by developing a personal academic plan 

21 for each student and assigning not less than 1 

22 adult to help monitor student progress. 

23 (F) Provide all students and their families 

24 with information about, and assistance with, 

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1 tion, admission to an institution of higher edu2 cation, and career success. 

3 (G) Utilize data from an early warning in4 dicator and intervention system described in 

5 subsection (d)(2)(D) to identify struggling stu6 dents and assist the students as the students 

7 transition from elementary school to middle 

8 grades to secondary school. 

9 (H) Implement academic supports, such as 

10 effective school library programs, and effective 

11 and coordinated additional assistance programs 

12 to ensure that students have a strong founda13 tion in reading, writing, mathematics, and 

14 science skills. 

15 (I) Implement evidence-based or, when 

16 available, scientifically valid schoolwide pro17 grams and targeted supports to promote posi18 tive academic outcomes, such as increased at19 tendance rates and the promotion of physical, 

20 personal, and social development. 

21 (J) Develop and use effective formative as22 sessments to inform instruction. 

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

24 educational agency or eligible entity that receives a 

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

2 to carry out the following: 

3 (1) Implement extended learning opportunities 

4 in core academic areas including more instructional 

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

6 civics in addition to opportunities for language in7 struction and understanding other cultures and the 

8 arts. 

9 (2) Provide evidence-based professional develop10 ment activities with specific benchmarks to enable 

11 teachers and other school staff to appropriately 

12 monitor academic and behavioral progress of, and 

13 modify curricula and implement accommodations 

14 and assistive technology services for, students with 

15 disabilities, consistent with the students’ individual16 ized education programs under section 614(d) of the 

17 Individuals with Disabilities Education Act (20 

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

19 (3) Employ and use instructional coaches, in20 cluding literacy, mathematics, and English language 

21 learner coaches. 

22 (4) Provide professional development for con23 tent-area teachers and school librarians on working 

24 effectively with English language learners and stu25 dents with disabilities, as well as professional develmstockstill on DSKH9S0YB1PROD with BILLS

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1 opment for English as a second language educators, 

2 bilingual educators, and special education personnel. 

3 (5) Encourage and facilitate the sharing of data 

4 among elementary grades, middle grades, secondary 

5 school grades, and postsecondary educational institu6 tions. 

7 (6) Create collaborative study groups composed 

8 of principals or middle grades teachers, or both, 

9 among eligible schools within the eligible local edu10 cational agency receiving or participating in the 

11 subgrant, or between such eligible local educational 

12 agency and another local educational agency, with a 

13 focus on developing and sharing methods to increase 

14 student learning and academic achievement. 

15 (i) PLANNING SUBGRANTS.— 

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

17 described in subsection (a), a State educational 

18 agency may (without regard to the preceding provi19 sions of this section) make planning subgrants, and 

20 provide technical assistance, to eligible local edu21 cational agencies and eligible entities that have not 

22 received a subgrant under subsection (a) to assist 

23 the local educational agencies and eligible entities in 

24 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 and on-time promotion. 

13 (b) FEDERAL FUNDS TO SUPPLEMENT, NOT SUP14 PLANT, NON-FEDERAL FUNDS.— 

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

16 eligible local educational agency, or eligible entity 

17 shall use Federal funds received under this title only 

18 to supplement the funds that would, in the absence 

19 of such Federal funds, be made available from non20 Federal sources for the education of pupils partici21 pating in programs assisted under this title, and not 

22 to supplant such funds. 

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

24 be construed to authorize an officer, employee, or 

25 contractor of the Federal Government to mandate, 

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

2 agency, or school’s specific instructional content, 

3 academic achievement standards and assessments, 

4 curriculum, or program of instruction. 

5 SEC. 106. EVALUATION AND REPORTING. 

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

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

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

9 this title shall— 

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

11 progress regarding the impact of the changes made 

12 to the policies and practices of the State in accord13 ance with this title, including— 

14 (A) a description of the specific changes 

15 made, or in the process of being made, to poli16 cies and practices as a result of the grant; 

17 (B) a discussion of any barriers hindering 

18 the identified changes in policies and practices, 

19 and implementation strategies to overcome such 

20 barriers; 

21 (C) evidence of the impact of changes to 

22 policies and practices on behavior and actions 

23 at the local educational agency and school level; 

24 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 2012 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; 

15 (D) evidence-based or, when available, sci16 entifically valid professional development plan17 ning targeted to improve pedagogy and student 

18 academic achievement; 

19 (E) the effects of increased learning or ex20 tended school time in the middle grades; and 

21 (F) the effects of decreased class size or 

22 increased instructional and support staff. 

23 (4) Strengthen the work of the existing national 

24 research and development centers under section 

25 133(c) of the Education Sciences Reform Act of 

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1 2002 (20 U.S.C. 9533(c)), as of the date of enact2 ment of this Act, by adding an educational research 

3 and development center dedicated to addressing— 

4 (A) curricular, instructional, and assess5 ment issues pertinent to the middle grades 

6 (such as mathematics, science, technological flu7 ency, the needs of English language learners, 

8 and students with disabilities); 

9 (B) comprehensive reforms for low-per10 forming middle grades; and 

11 (C) other topics pertinent to improving the 

12 academic achievement of middle grades stu13 dents. 

14 (5) Provide grants to nonprofit organizations, 

15 for-profit organizations, institutions of higher edu16 cation, and others to partner with State educational 

17 agencies and local educational agencies to develop, 

18 adapt, or replicate effective models for turning 

19 around low-performing middle grades. 

20 SEC. 203. AUTHORIZATION OF APPROPRIATIONS; RESERVA21 TIONS. 

22 (a) AUTHORIZATION.—There are authorized to be ap23 propriated to carry out this title $100,000,000 for fiscal 

24 year 2012 and such sums as may be necessary for each 

25 of the 5 succeeding fiscal years. 

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

2 available to carry out this title, the Secretary shall re3 serve— 

4 (1) 2.5 percent for the studies described in sub5 sections (a) and (b) of section 202; 

6 (2) 5 percent for the clearinghouse described in 

7 section 202(c)(1); 

8 (3) 5 percent for the database described in sec9 tion 202(c)(2); 

10 (4) 42.5 percent for the activities described in 

11 section 202(c)(3); 

12 (5) 15 percent for the activities described in 

13 section 202(c)(4); and 

14 (6) 30 percent for the activities described in 

15 section 202(c)(5). 

Æ 

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