II

106TH CONGRESS

2D SESSION S. 2970

To provide for summer academic enrichment programs, and for other

purposes.

IN THE SENATE OF THE UNITED STATES

JULY 27, 2000

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

A BILL

To provide for summer academic enrichment programs, and

for other purposes.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Student Education En5 richment Demonstration Act’’.

6 SEC. 2. FINDINGS.

7 Congress finds that—

8 (1) States are establishing new and higher aca9 demic standards for students in kindergarten

10 through grade 12;
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1 (2) no Federal funding streams are specifically

2 designed to help States and school districts with the

3 costs of providing students who are struggling aca4 demically, with the extended learning time and accel5 erated curricula that the students need to meet high

6 academic standards;

7 (3) forty-eight States now require State ac8 countability tests to determine student grade-level

9 performance and progress;

10 (4) nineteen States currently rate the perform11 ance of all schools or identify low-performing schools

12 through State accountability tests;

13 (5) sixteen States now have the power to close,

14 take over, or overhaul chronically failing schools on

15 the basis of those tests;

16 (6) fourteen States provide high-performing

17 schools with monetary rewards on the basis of those

18 tests;

19 (7) nineteen States currently require students

20 to pass State accountability tests to graduate from

21 high school;

22 (8) six States currently link student promotion

23 to results on State accountability tests;
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1 (9) excessive percentages of students are not

2 meeting their State standards and are failing to per3 form at high levels on State accountability tests; and

4 (10) while the Chicago Public School District

5 implemented the Summer Bridge Program to help

6 remediate their students in 1997, no State has yet

7 created and implemented a similar program to com8 plement the education accountability programs of

9 the State.

10 SEC. 3. PURPOSE.

11 The purpose of this Act is to provide Federal support

12 through a new demonstration program to States and local

13 educational agencies, to enable the States and agencies to

14 develop models for high quality summer academic enrich15 ment programs that are specifically designed to help pub16 lic school students who are not meeting State-determined

17 performance standards.

18 SEC. 4. DEFINITIONS.

19 In this Act:

20 (1) ELEMENTARY SCHOOL; SECONDARY

21 SCHOOL; LOCAL EDUCATIONAL AGENCY; STATE EDU22 CATIONAL AGENCY.—The terms ‘‘elementary

23 school’’, ‘‘secondary school’’, ‘‘local educational agen24 cy’’, and ‘‘State educational agency’’ have the mean25 ings given the terms in section 14101 of the Ele-
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1 mentary and Secondary Education Act of 1965 (20

2 U.S.C. 8801).

3 (2) SECRETARY.—The term ‘‘Secretary’’ means

4 the Secretary of Education.

5 (3) STUDENT.—The term ‘‘student’’ means an

6 elementary school or secondary school student.

7 SEC. 5. GRANTS TO STATES.

8 (a) IN GENERAL.—The Secretary shall establish a

9 demonstration program through which the Secretary shall

10 make grants to State educational agencies, on a competi11 tive basis, to enable the agencies to assist local educational

12 agencies in carrying out high quality summer academic en13 richment programs as part of statewide education ac14 countability programs.

15 (b) ELIGIBILITY AND SELECTION.—

16 (1) ELIGIBILITY.—For a State educational

17 agency to be eligible to receive a grant under sub18 section (a), the State served by the State educational

19 agency shall—

20 (A) have in effect all standards and assess21 ments required under section 1111 of the Ele22 mentary and Secondary Education Act of 1965

23 (20 U.S.C. 6311); and

24 (B) compile and annually distribute to par25 ents a public school report card that, at a min-
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1 imum, includes information on student and

2 school performance for each of the assessments

3 required under section 1111 of the Elementary

4 and Secondary Education Act of 1965.

5 (2) SELECTION.—In selecting States to receive

6 grants under this section, the Secretary shall make

7 the selections in a manner consistent with the pur8 pose of this Act.

9 (c) APPLICATION.—

10 (1) IN GENERAL.—To be eligible to receive a

11 grant under this section, a State educational agency

12 shall submit an application to the Secretary at such

13 time, in such manner, and containing such informa14 tion as the Secretary may require.

15 (2) CONTENTS.—Such application shall

16 include—

17 (A) information describing specific measur18 able goals and objectives to be achieved in the

19 State through the summer academic enrichment

20 programs carried out under this Act, which may

21 include specific measurable annual educational

22 goals and objectives relating to—

23 (i) increased student academic

24 achievement;
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1 (ii) decreased student dropout rates;

2 or

3 (iii) such other factors as the State

4 educational agency may choose to measure;

5 and

6 (B) information on criteria, established or

7 adopted by the State, that—

8 (i) the State will use to select local

9 educational agencies for participation in

10 the summer academic enrichment pro11 grams carried out under this Act; and

12 (ii) at a minimum, will assure that

13 grants provided under this Act are pro14 vided to—

15 (I) the local educational agencies

16 in the State that have the highest per17 centage of students not meeting basic

18 or minimum required standards for

19 State assessments required under sec20 tion 1111 of the Elementary and Sec21 ondary Education Act of 1965;

22 (II) local educational agencies

23 that submit grant applications under

24 section 6 describing programs that the
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1 State determines would be both highly

2 successful and replicable; and

3 (III) an assortment of local edu4 cational agencies serving urban, sub5 urban, and rural areas.

6 SEC. 6. GRANTS TO LOCAL EDUCATIONAL AGENCIES.

7 (a) IN GENERAL.—

8 (1) FIRST YEAR.—

9 (A) IN GENERAL.—For the first year that

10 a State educational agency receives a grant

11 under this Act, the State educational agency

12 shall use the funds made available through the

13 grant to make grants to eligible local edu14 cational agencies in the State to pay for the

15 Federal share of the cost of carrying out the

16 summer academic enrichment programs, except

17 as provided in subparagraph (B).

18 (B) TECHNICAL ASSISTANCE AND PLAN19 NING ASSISTANCE.—The State educational

20 agency may use not more than 5 percent of the

21 funds—

22 (i) to provide to the local educational

23 agencies technical assistance that is

24 aligned with the curriculum of the agencies

25 for the programs;
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1 (ii) to enable the agencies to obtain

2 such technical assistance from entities

3 other than the State educational agency

4 that have demonstrated success in using

5 the curriculum; and

6 (iii) to assist the agencies in planning

7 activities to be carried out under this Act.

8 (2) SUCCEEDING YEARS.—

9 (A) IN GENERAL.—For the second and

10 third year that a State educational agency re11 ceives a grant under this Act, the State edu12 cational agency shall use the funds made avail13 able through the grant to make grants to eligi14 ble local educational agencies in the State to

15 pay for the Federal share of the cost of car16 rying out the summer academic enrichment pro17 grams, except as provided in subparagraph (B).

18 (B) TECHNICAL ASSISTANCE AND PLAN19 NING ASSISTANCE.—The State educational

20 agency may use not more than 5 percent of the

21 funds—

22 (i) to provide to the local educational

23 agencies technical assistance that is

24 aligned with the curriculum of the agencies

25 for the programs;
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1 (ii) to enable the agencies to obtain

2 such technical assistance from entities

3 other than the State educational agency

4 that have demonstrated success in using

5 the curriculum; and

6 (iii) to assist the agencies in evalu7 ating activities carried out under this Act.

8 (b) APPLICATION.—

9 (1) IN GENERAL.—To be eligible to receive a

10 grant under this section, a local educational agency

11 shall submit an application to the State educational

12 agency at such time, in such manner, and containing

13 by such information as the Secretary or the State

14 may require.

15 (2) CONTENTS.—The State shall require that

16 such an application shall include, to the greatest ex17 tent practicable—

18 (A) information that—

19 (i) demonstrates that the local edu20 cational agency will carry out a summer

21 academic enrichment program funded

22 under this section—

23 (I) that provides intensive high

24 quality programs that are aligned

25 with challenging State content and
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1 student performance standards and

2 that are focused on reinforcing and

3 boosting the core academic skills and

4 knowledge of students who are strug5 gling academically, as determined by

6 the State;

7 (II) that focuses on accelerated

8 learning, rather than remediation, so

9 that students served through the pro10 gram will master the high level skills

11 and knowledge needed to meet the

12 highest State standards or to perform

13 at high levels on all State assessments

14 required under section 1111 of the El15 ementary and Secondary Education

16 Act of 1965 (20 U.S.C. 6311);

17 (III) that is based on, and incor18 porates best practices developed from,

19 research-based enrichment methods

20 and practices;

21 (IV) that has a proposed cur22 riculum that is directly aligned with

23 State content and student perform24 ance standards;
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1 (V) for which only teachers who

2 are certified and licensed, and are

3 otherwise fully qualified teachers, pro4 vide academic instruction to students

5 enrolled in the program;

6 (VI) that offers to staff in the

7 program professional development and

8 technical assistance that are aligned

9 with the approved curriculum for the

10 program; and

11 (VII) that incorporates a paren12 tal involvement component that seeks

13 to involve parents in the program’s

14 topics and students’ daily activities;

15 and

16 (ii) may include—

17 (I) the proposed curriculum for

18 the summer academic enrichment pro19 gram;

20 (II) the local educational agen21 cy’s plan for recruiting highly quali22 fied and highly effective teachers to

23 participate in the program; and

24 (III) a schedule for the program

25 that indicates that the program is of
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1 sufficient duration and intensity to

2 achieve the State’s goals and objec3 tives described in section 5(c)(2)(A);

4 (B) an outline indicating how the local

5 educational agency will utilize other applicable

6 Federal, State, local, or other funds, other than

7 funds made available through the grant, to sup8 port the program;

9 (C) an explanation of how the local edu10 cational agency will ensure that only highly

11 qualified personnel who volunteer to work with

12 the type of student targeted for the program

13 will work with the program and that the in14 struction provided through the program will be

15 provided by qualified teachers;

16 (D) an explanation of the types of inten17 sive training or professional development,

18 aligned with the curriculum of the program,

19 that will be provided for staff of the program;

20 (E) an explanation of the facilities to be

21 used for the program;

22 (F) an explanation regarding the duration

23 of the periods of time that students and teach24 ers in the program will have contact for instruc25 tional purposes (such as the hours per day and
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1 days per week of that contact, and the total

2 length of the program);

3 (G) an explanation of the proposed stu4 dent/teacher ratio for the program, analyzed by

5 grade level;

6 (H) an explanation of the grade levels that

7 will be served by the program;

8 (I) an explanation of the approximate cost

9 per student for the program;

10 (J) an explanation of the salary costs for

11 teachers in the program;

12 (K) a description of a method for evalu13 ating the effectiveness of the program at the

14 local level;

15 (L) information describing specific measur16 able goals and objectives, for each academic

17 subject in which the program will provide in18 struction, that are consistent with, or more rig19 orous than, the adequate yearly progress goals

20 established by the State under section 1111 of

21 the Elementary and Secondary Education Act

22 of 1965;

23 (M) a description of how the local edu24 cational agency will involve parents and the
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1 community in the program in order to raise

2 academic achievement; and

3 (N) a description of how the local edu4 cational agency will acquire any needed tech5 nical assistance that is aligned with the cur6 riculum of the agency for the program, from

7 the State educational agency or other entities

8 with demonstrated success in using the cur9 riculum.

10 (c) PRIORITY.—In making grants under this section,

11 the State educational agency shall give priority to appli12 cants who demonstrate a high level of need for the summer

13 academic enrichment programs.

14 (d) FEDERAL SHARE.—

15 (1) IN GENERAL.—The Federal share of the

16 cost described in subsection (a) is 50 percent.

17 (2) NON-FEDERAL SHARE.—The non-Federal

18 share of the cost may be provided in cash or in kind,

19 fairly evaluated, including plant, equipment, or serv20 ices.

21 SEC. 7. SUPPLEMENT NOT SUPPLANT.

22 Funds appropriated pursuant to the authority of this

23 Act shall be used to supplement and not supplant other

24 Federal, State, and local public or private funds expended

25 to provide academic enrichment programs.
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1 SEC. 8. REPORTS.

2 (a) STATE REPORTS.—Each State educational agen3 cy that receives a grant under this Act shall annually pre4 pare and submit to the Secretary a report. The report

5 shall describe—

6 (1) the method the State educational agency

7 used to make grants to eligible local educational

8 agencies and to provide assistance to schools under

9 this Act;

10 (2) the specific measurable goals and objectives

11 described in section 5(c)(2)(A) for the State as a

12 whole and the extent to which the State met each of

13 the goals and objectives in the year preceding the

14 submission of the report;

15 (3) the specific measurable goals and objectives

16 described in section 6(b)(2)(L) for each of the local

17 educational agencies receiving a grant under this Act

18 in the State and the extent to which each of the

19 agencies met each of the goals and objectives in that

20 preceding year;

21 (4) the steps that the State will take to ensure

22 that any such local educational agency who did not

23 meet the goals and objectives in that year will meet

24 the goals and objectives in the year following the

25 submission of the report or the plan that the State

26 has for revoking the grant of such an agency and re-
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1 distributing the grant funds to existing or new pro2 grams;

3 (5) how eligible local educational agencies and

4 schools used funds provided by the State educational

5 agency under this Act; and

6 (6) the degree to which progress has been made

7 toward meeting the goals and objectives described in

8 section 5(c)(2)(A).

9 (b) REPORT TO CONGRESS.—The Secretary shall an10 nually prepare and submit to Congress a report. The re11 port shall describe—

12 (1) the methods the State educational agencies

13 used to make grants to eligible local educational

14 agencies and to provide assistance to schools under

15 this Act;

16 (2) how eligible local educational agencies and

17 schools used funds provided under this Act; and

18 (3) the degree to which progress has been made

19 toward meeting the goals and objectives described in

20 sections 5(c)(2)(A) and 6(b)(2)(L).

21 (c) GOVERNMENT ACCOUNTING OFFICE REPORT TO

22 CONGRESS.—The Comptroller General of the United

23 States shall conduct a study regarding the demonstration

24 program carried out under this Act and the impact of the

25 program on student achievement. The Comptroller Gen-
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1 eral shall prepare and submit to Congress a report con2 taining the results of the study.

3 SEC. 9. ADMINISTRATION.

4 The Secretary shall develop program guidelines for

5 and oversee the demonstration program carried out under

6 this Act.

7 SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

8 There are authorized to be appropriated to carry out

9 this Act $25,000,000 for each of fiscal years 2001 through

10 2004.

11 SEC. 11. TERMINATION.

12 The authority provided by this Act terminates 3 years

13 after the date of enactment of this Act.

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