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[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 197 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                 S. 197

 To amend the Elementary and Secondary Education Act of 1965 to award 
 grants to States to improve delivery of high-quality assessments, and 
                          for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            January 20, 2015

  Ms. Baldwin (for herself, Mrs. Murray, Mr. Brown, Mr. Franken, Ms. 
Warren, Mr. Murphy, and Mr. Casey) introduced the following bill; which 
  was read twice and referred to the Committee on Health, Education, 
                          Labor, and Pensions

_______________________________________________________________________

                                 A BILL

 
 To amend the Elementary and Secondary Education Act of 1965 to award 
 grants to States to improve delivery of high-quality assessments, and 
                          for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Support Making Assessments Reliable 
and Timely Act'' or the ``SMART Act''.

SEC. 2. ACCOUNTABILITY.

    (a) In General.--Subpart 1 of part A of title VI of the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 7301 et seq.) is amended 
to read as follows:

``SEC. 6111. GRANTS TO IMPROVE DELIVERY OF HIGH-QUALITY ASSESSMENTS AND 
              FOR RELATED ACTIVITIES.

    ``(a) In General.--From the amount made available under section 
6114(b)(5) and subject to subparagraphs (A) and (B) of such section for 
a fiscal year, the Secretary shall make grants, from allotments under 
subsection (b), to States to enable the States to--
            ``(1) develop, administer, and further align State 
        assessments required by section 1111(b)(3) to State academic 
        content standards required by section 1111(b)(1);
            ``(2) ensure the provision of appropriate accommodations as 
        required by section 1111(b)(3)(C)(ix) to students who are 
        limited English proficient and students who are children with 
        disabilities to improve the rates of inclusion in State 
        assessments of such students;
            ``(3) develop State assessment systems aligned to the 
        State's academic content standards that support systems of 
        continuous improvement;
            ``(4) support local educational agencies in identifying 
        uses of assessment data, which may include appropriate use of 
        student assessment data as one of multiple measures of student 
        learning for teacher and school leader performance and 
        evaluation; and
            ``(5) carry out the activities described in the report 
        required under subsection (c).
    ``(b) Allotment of Funds.--From the amount reserved under section 
6114(b)(5) for each fiscal year, each State shall receive an allotment 
for such year in an amount equal to--
            ``(1) $4,000,000; and
            ``(2) with respect to any amounts remaining after the 
        allotment is made under paragraph (1) to all States, an amount 
        that bears the same relationship to such total remaining 
        amounts as the number of students ages 5 through 17 in the 
        State (as determined by the Secretary on the basis of the most 
        recent satisfactory data) bears to the total number of such 
        students in all States.
    ``(c) State Report.--Not later than 6 months after a State receives 
a grant under this section, the State shall, in consultation with 
education stakeholders, prepare and make publically available a report 
that explains how the State has used, or will use, the grant to--
            ``(1) improve the quality and use of the State's assessment 
        system, including assessments not required by section 
        1111(b)(3), and for related activities;
            ``(2) ensure that all summative assessments that are used 
        for accountability purposes are valid and reliable, and 
        consistent with relevant, nationally recognized professional 
        and technical standards; and
            ``(3) improve the use of State assessment data by school 
        leaders, educators, and parents, and for related activities, 
        such as--
                    ``(A) disseminating the assessment data in an 
                accessible and understandable format for educators, 
                parents, and families;
                    ``(B) decreasing time between administering such 
                State assessments and releasing assessment data;
                    ``(C) supporting the dissemination of promising 
                practices from local educational agencies that have 
                successfully used assessment data to improve individual 
                student and overall school performance;
                    ``(D) identifying appropriate uses of assessment 
                data, which may include appropriate use of student 
                assessment data as one of multiple measures of student 
                learning for teacher and school leader performance and 
                evaluation; and
                    ``(E) providing professional development on 
                assessment and data literacy to teachers and school 
                leaders, including on the development and effective use 
                of formative and classroom-based assessments aligned 
                with State academic content standards.

``SEC. 6112. GRANTS FOR ASSESSMENT SYSTEM ALIGNMENT, QUALITY, AND USE.

    ``(a) In General.--From the amount reserved under section 
6114(b)(3) for a fiscal year, the Secretary shall make grants, from 
allotments under subsection (b), to States to enable the States to--
            ``(1) in the case of a grant awarded under this section to 
        a State for the first time--
                    ``(A) carry out audits of State assessment systems 
                and ensure that local educational agencies carry out 
                audits of local assessments under subsection (e)(1);
                    ``(B) prepare and carry out the State plan under 
                subsection (e)(6); and
                    ``(C) award subgrants under subsection (f); and
            ``(2) in the case of a grant awarded under this section to 
        a State that has previously received a grant under this 
        section--
                    ``(A) carry out the State plan under subsection 
                (e)(6); and
                    ``(B) award subgrants under subsection (f).
    ``(b) Minimum Amount.--Each State with an approved application 
shall receive a grant amount of not less than $2,000,000 per fiscal 
year.
    ``(c) Reallocation.--If a State chooses not to apply to receive a 
grant under this subsection, or if such State's application under 
subsection (d) is disapproved by the Secretary, the Secretary shall 
reallocate such grant amount to other States with approved 
applications.
    ``(d) Application.--A State desiring to receive a grant under this 
section shall submit an application to the Secretary at such time, in 
such manner, and containing such information as the Secretary may 
require.
    ``(e) Audits of State Assessment Systems and Local Assessments.--
            ``(1) Audit requirements.--Not later than 1 year after a 
        State receives a grant under this section for the first time, 
        the State shall--
                    ``(A) conduct an audit of the State assessment 
                system;
                    ``(B) ensure that each local educational agency 
                under the State's jurisdiction and receiving funds 
                under this Act--
                            ``(i) conducts an audit of each local 
                        assessment administered by the local 
                        educational agency; and
                            ``(ii) submits the results of such audit to 
                        the State; and
                    ``(C) report the results of each State and local 
                educational agency audit conducted under subparagraphs 
                (A) and (B)--
                            ``(i) in a publicly available format, such 
                        as a widely accessible online platform; and
                            ``(ii) with appropriate accessibility 
                        provisions for individuals with disabilities 
                        and individuals with limited English 
                        proficiency.
            ``(2) Resources for local educational agencies.--In 
        carrying out paragraph (1)(B), each State shall develop and 
        provide local educational agencies with resources, such as 
        guidelines and protocols, to assist the agencies in conducting 
        and reporting the results of the audit required under such 
        paragraph.
            ``(3) State assessment system description.--An audit of a 
        State assessment system conducted under paragraph (1) shall 
        include a description of each State assessment carried out in 
        the State, including--
                    ``(A) the grade and subject matter assessed;
                    ``(B) whether the assessment is required under 
                section 1111(b)(3);
                    ``(C) the annual cost to the State educational 
                agency involved in developing, purchasing, 
                administering, and scoring the assessment;
                    ``(D) the purpose for which the assessment was 
                designed and the purpose for which the assessment is 
                used, including assessments designed to contribute to 
                systems of continuous improvement of teaching and 
                learning;
                    ``(E) the time for disseminating assessment 
                results;
                    ``(F) a description of how the assessment is 
                aligned with the State's academic content standards 
                under section 1111(b)(1);
                    ``(G) a description of any State law or regulation 
                that established the requirement for the assessment;
                    ``(H) the schedule and calendar for all State 
                assessments given; and
                    ``(I) a description of the State's policies for 
                inclusion of students who are limited English 
                proficient and students with disabilities.
            ``(4) Local assessment description.--An audit of a local 
        assessment conducted under paragraph (1) shall include a 
        description of the local assessment carried out by the local 
        educational agency, including--
                    ``(A) the descriptions listed in subparagraphs (A), 
                (D), and (E) of paragraph (3);
                    ``(B) the annual cost to the local educational 
                agency of developing, purchasing, administering, and 
                scoring the assessment;
                    ``(C) the extent to which the assessment is aligned 
                to the State's content standards;
                    ``(D) a description of any State or local law or 
                regulation that establishes the requirement for the 
                assessment; and
                    ``(E) in the case of a summative assessment that is 
                used for accountability purposes, whether the 
                assessment is valid and reliable and consistent with 
                nationally recognized professional and technical 
                standards.
            ``(5) Stakeholder feedback.--Each audit of a State 
        assessment system or local assessment system conducted under 
        subparagraph (A) or (B) of paragraph (1) shall include feedback 
        on such system from education stakeholders, which shall cover 
        information such as--
                    ``(A) how educators and administrators use 
                assessment data to improve and differentiate 
                instruction;
                    ``(B) the timing of release of assessment data;
                    ``(C) the extent to which assessment data is 
                presented in an accessible and understandable format 
                for educators, parents, students (if appropriate), and 
                the community;
                    ``(D) the opportunities, resources, and training 
                educators and administrators are given to review 
                assessment results and make effective use of assessment 
                data;
                    ``(E) the distribution of technological resources 
                and personnel necessary to administer assessments;
                    ``(F) the amount of time educators spend on 
                assessment preparation;
                    ``(G) the assessments that administrators, 
                educators, parents, and students, if appropriate, do 
                and do not find useful;
                    ``(H) the amount of time students spend taking the 
                assessments; and
                    ``(I) other information as appropriate.
            ``(6) State plan on audit findings.--
                    ``(A) Preparing the state plan.--Not later than 6 
                months after a State conducts an audit under paragraph 
                (1) and based on the results of such audit, the State 
                shall, in coordination with the local educational 
                agencies under the jurisdiction of the State, prepare 
                and submit to the Secretary, a plan to improve and 
                streamline State assessment systems and local 
                assessment systems, including through activities such 
                as--
                            ``(i) eliminating any assessments that are 
                        not required by section 1111(b)(3) (such as by 
                        buying out the remainder of procurement 
                        contracts with assessment developers) and 
                        that--
                                    ``(I) are low-quality;
                                    ``(II) are not aligned to the 
                                State's content standards under section 
                                1111(b)(1);
                                    ``(III) in the case of summative 
                                assessments used for accountability 
                                purposes, are not valid or reliable and 
                                are inconsistent with nationally 
                                recognized professional and technical 
                                standards;
                                    ``(IV) do not contribute to systems 
                                of continuous improvement for teaching 
                                and learning; or
                                    ``(V) are redundant;
                            ``(ii) supporting the dissemination of 
                        promising practices from local educational 
                        agencies or other States that have successfully 
                        improved assessment quality and efficiency to 
                        improve teaching and learning;
                            ``(iii) supporting local educational 
                        agencies or consortia of local educational 
                        agencies to carry out efforts to streamline 
                        local assessment systems and implementing a 
                        regular process of review and evaluation of 
                        assessment use in local educational agencies;
                            ``(iv) supporting appropriate uses of 
                        assessment data, which may include appropriate 
                        use of student assessment data as one of 
                        multiple measures of student learning for 
                        teacher and school leader performance and 
                        evaluation; and
                            ``(v) providing professional development to 
                        teachers and school leaders on selecting and 
                        implementing formative assessments, designing 
                        classroom-based assessments, and assessment and 
                        data literacy.
                    ``(B) Carry out the state plan.--A State shall 
                carry out a State plan as soon as practicable after the 
                State prepares such State plan under subparagraph (A) 
                and during each grant period of a grant described in 
                subsection (a)(2) that is awarded to the State.
    ``(f) Subgrants to Local Educational Agencies.--
            ``(1) In general.--From the amount awarded to a State under 
        this section, the State shall reserve not less than 20 percent 
        of funds to make subgrants to local educational agencies in the 
        State, or consortia of such local educational agencies, based 
        on demonstrated need in the agency's or consortium's 
        application to improve assessment quality, use, and alignment 
        with the State's content standards.
            ``(2) Local educational agency application.--Each local 
        educational agency, or consortium of local educational 
        agencies, seeking a subgrant under this subsection shall submit 
        an application to the State at such time, in such manner, and 
        containing such other information as determined by the State. 
        The application shall include a description of the agency's or 
        consortium's needs to improve assessment quality, use, and 
        alignment (as described in paragraph (1)).
            ``(3) Use of funds.--A subgrant awarded under this 
        subsection to a local educational agency or consortium of such 
        agencies may be used to--
                    ``(A) conduct an audit of local assessments under 
                subsection (e)(1)(B);
                    ``(B) eliminate any assessments identified for 
                elimination by such audit, such as by buying out the 
                remainder of procurement contracts with assessment 
                developers;
                    ``(C) disseminate the promising practices described 
                in subsection (e)(6)(A)(ii);
                    ``(D) improve the capacity of school leaders and 
                educators to disseminate assessment data in an 
                accessible and understandable format for parents and 
                families, including for individuals with disabilities 
                or individuals with limited English proficiency;
                    ``(E) support the appropriate use of assessment 
                data, which may include appropriate use of student 
                assessment data as one of multiple measures of student 
                learning for teacher and school leader performance and 
                evaluation;
                    ``(F) provide professional development to, and time 
                for teacher collaboration on designing classroom-based 
                assessments and improving assessments and data literacy 
                for, teachers and school leaders, which may include 
                providing additional planning time to analyze student 
                and team data and designing instruction based on data 
                analysis;
                    ``(G) improve assessment delivery systems and 
                schedules, including by increasing access to technology 
                and exam proctors, where appropriate;
                    ``(H) hire instructional coaches, or promote 
                educators who may receive increased compensation to 
                serve as instructional coaches, to support educators to 
                develop classroom-based assessments, interpret 
                assessment data, and design instruction; and
                    ``(I) provide for appropriate assessment 
                accommodations to maximize inclusion of students who 
                are children with disabilities and students who are 
                limited English proficient, including by providing the 
                assessments described in section 1111(b)(6).

``SEC. 6113. NATIONAL ACTIVITIES.

    ``From the amount reserved under section 6114(b)(4), the Secretary 
shall provide technical assistance to States to improve State 
understanding of existing flexibility in design and implementation of 
high-quality, streamlined State assessment systems to meet the 
requirements of section 1111(b)(3), including by--
            ``(1) informing States of innovative designs in State 
        assessment systems that meet the requirements of section 
        1111(b)(3);
            ``(2) providing technical assistance to States on including 
        appropriate assessment design and accommodation strategies that 
        meet the requirements of section 1111(b)(3) and provide for 
        inclusion of all students in State assessments;
            ``(3) providing technical assistance to States conducting 
        audits of State assessment systems under section 6112(e), 
        including by providing resources such as templates and 
        guidelines for data collection and for making audit results 
        publicly available;
            ``(4) conducting Departmental review of existing 
        regulations and guidance for any language that unnecessarily 
        confuses or inhibits innovation and flexibility in assessment 
        design and implementation, and making revisions where needed, 
        consistent with the requirements of section 1111(b)(3);
            ``(5) collecting information on State development of new 
        and innovative assessment systems that meet the requirements of 
        section 1111(b)(3); and
            ``(6) reporting on such new and innovative assessment 
        systems to the Committee on Education and the Workforce of the 
        House of Representatives and the Committee on Health, 
        Education, Labor, and Pensions of the Senate.

``SEC. 6114. FUNDING.

    ``(a) Authorization of Appropriations.--
            ``(1) National assessment of educational progress.--For the 
        purpose of administering the State assessments under the 
        National Assessment of Educational Progress, there are 
        authorized to be appropriated $72,000,000 for fiscal year 2016, 
        and such sums as may be necessary for each of the 5 succeeding 
        fiscal years.
            ``(2) State assessments and related activities.--For the 
        purpose of carrying out this subpart, there are authorized to 
        be appropriated $600,000,000 for fiscal year 2016, and such 
        sums as may be necessary for each of the 5 succeeding fiscal 
        years.
    ``(b) Reservation and Use of Appropriated Funds.--From amounts made 
available for each fiscal year under subsection (a)(2), the Secretary 
shall--
            ``(1) reserve one-half of 1 percent for the Bureau of 
        Indian Affairs;
            ``(2) reserve one-half of 1 percent for the outlying areas;
            ``(3) reserve 20 percent to carry out section 6112;
            ``(4) reserve 3 percent to carry out section 6113; and
            ``(5) use the remainder (after reserving funds under 
        paragraphs (1) through (4)) to carry out section 6111, except 
        that--
                    ``(A) for any fiscal year for which the funds 
                appropriated under subsection (a)(2) are equal to or 
                greater than $450,000,000, each State that receives a 
                grant under section 6111 shall use the grant to carry 
                out paragraphs (1) through (5) of section 6111(a); and
                    ``(B) for any fiscal year for which the funds 
                appropriated under subsection (a)(2) of this section 
                are less than $450,000,000, each State that receives a 
                grant under section 6111 shall only be required to use 
                the grant to carry out paragraphs (1) through (3) of 
                section 6111(a).

``SEC. 6115. DEFINITIONS.

    ``In this subpart:
            ``(1) Local assessment.--The term `local assessment' means 
        an academic assessment carried out by a local educational 
        agency that is separate from an assessment required by section 
        1111(b)(3).
            ``(2) State.--The term `State' means each of the 50 States, 
        the District of Columbia, and the Commonwealth of Puerto 
        Rico.''.
    (b) Conforming Amendments.--The table of contents in section 2 of 
the Elementary and Secondary Education Act of 1965 is amended by 
striking the items relating to subpart 1 of part A of title VI and 
inserting the following:

                      ``subpart 1--accountability

``Sec. 6111. Grants to improve delivery of high-quality assessments and 
                            for related activities.
``Sec. 6112. Grants for assessment system alignment, quality, and use.
``Sec. 6113. National activities.
``Sec. 6114. Funding.
``Sec. 6115. Definitions.''.
                                 <all>
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