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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4122 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 4122

   To support high-need middle and high schools in order to improve 
    students' academic achievement, graduation rates, postsecondary 
               readiness, and preparation for citizenry.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           November 19, 2009

Mr. George Miller of California (for himself, Mr. Kildee, Mr. Scott of 
   Virginia, Mr. Hinojosa, Mr. Grijalva, Mr. Loebsack, Mr. Davis of 
  Illinois, and Mr. Fattah) introduced the following bill; which was 
            referred to the Committee on Education and Labor

_______________________________________________________________________

                                 A BILL

 
   To support high-need middle and high schools in order to improve 
    students' academic achievement, graduation rates, postsecondary 
               readiness, and preparation for citizenry.

    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 ``Graduation for All Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) A high school diploma and postsecondary training are 
        increasingly important for success in the 21st century economy. 
        In fact, nearly 90 percent of the fastest-growing, highest-
        paying jobs require education beyond high school.
            (2) About 1,200,000 high school students, which is 
        approximately one-third of all high school students, do not to 
        graduate every year. According to the Department of Education, 
        the 2009 United States high school graduation rate was the 
        lowest the rate since 2002.
            (3) Dropouts earn less and require greater public 
        assistance than high school completers. Compared to the 11 
        percent of high school graduates, 25 percent of dropouts were 
        unemployed for a year or more between 1997 and 2001. Dropouts 
        create an annual estimated cost of $24,000,000,000 to the 
        public.
            (4) Only 16 percent of the Nation's 50 largest school 
        districts have a graduation rate that is equal to or greater 
        than the national average. Additionally, the Nation's 50 
        largest cities graduate about 59 percent of students on time, 
        compared to 77 percent of students in nearby suburban 
        communities.
            (5) The national graduation rate is 70 percent. The 
        graduation rates for minority groups are far lower than that of 
        their peers. Only 55 percent of Black students, 58 percent of 
        Latino students, and 51 percent of Native American students 
        graduate, while their nonminority peers graduate at a rate of 
        76 percent. And, only 56 percent of all students with 
        disabilities earn diplomas. Additionally, 35 percent of Black 
        students and 29 percent of Latino students, compared to only 11 
        percent of White students, attend high schools in which 
        graduation is not the norm.
            (6) There is a gender gap in national graduation rates, 
        with 72 percent of female students graduating compared to 65 
        percent of males. This gap is especially large among minority 
        groups. Only 48 percent of African-American male students 
        graduate, whereas 59 percent of African-American female 
        students graduate. Among Latino students, 58 percent of female 
        students graduate compared to 49 percent of male students.
            (7) Approximately half of the Nation's students who drop 
        out of high school were previously enrolled in a ``dropout 
        factory''--a school where 40 percent or more of the students in 
        the freshman class have dropped out by the time the students 
        reach their senior year. These schools are located in nearly 
        every State and disproportionately serve minority and poor 
        students.
            (8) Investing in the expansion of dual enrollment and early 
        college programs can help individuals earn credit toward 
        postsecondary education while simultaneously earning high 
        school credit. These programs increase high school graduation 
        rates and the percentage of students who complete a recognized 
        postsecondary credential by the age of 26, including low-income 
        students and students from other populations underrepresented 
        in higher education.
            (9) Lack of basic skills at the end of the middle school 
        grades has serious implications for students. Students who 
        enter high school 2 or more years behind grade level in 
        mathematics and literacy have only a 50 percent chance of 
        progressing on time to the tenth grade. Those students who do 
        not progress on time to the tenth grade are at significant risk 
        of dropping out of high school.
            (10) High school dropouts are 3\1/2\ times more likely than 
        high school graduates to be arrested and 8 times more likely to 
        be incarcerated. Nearly 70 percent of inmates in our Nation's 
        prisons did not earn a high school diploma. Moreover, rasing 
        the high school completion rate one percent for men between 
        ages 20 and 60 would save the United States $1,400,000,000 
        annually in crime-related costs.

SEC. 3. PURPOSES.

    The purposes of this Act are--
            (1) to address the dropout crisis by supporting local 
        educational agencies in improving the achievement, increasing 
        the graduation rates, increasing the college enrollment and 
        postsecondary persistence rates, and improving preparation for 
        citizenry, of students attending the Nation's lowest-performing 
        high schools and their feeder middle schools;
            (2) to support comprehensive data-based school reforms and 
        the creation of new schools, including charter schools and 
        other innovative school models, such as magnet schools, to 
        prepare students for success in postsecondary education and 
        21st century careers;
            (3) to provide targeted, intensive support and effective 
        interventions to reform schools with high dropout and low 
        graduation rates through dropout prevention, college readiness, 
        and credit recovery programs; and
            (4) to conduct an extensive evaluation of reform efforts 
        and disseminate the results of such efforts in order to ensure 
        the success of future middle school and high school reform 
        efforts.

TITLE I--IMPROVING STUDENT ACADEMIC ACHIEVEMENT, GRADUATION RATES, AND 
       POSTSECONDARY READINESS IN HIGH SCHOOLS AND MIDDLE SCHOOLS

SEC. 101. RESERVATION OF FUNDS; FUNDING REQUIREMENT.

    (a) Reservation of Funds.--Of the amounts appropriated under 
section 106 to carry out this title for a fiscal year, the Secretary 
shall reserve not more than 2 percent, not to exceed $10,000,000, for 
carrying out section 105(b).
    (b) Funding Requirement.--In order to ensure a diversity of Models 
for Success described in section section 103(b)(1)(B), and to provide 
sufficient examples for the carried out evaluation under section 
105(b), the Secretary shall ensure that during each 3-year grant cycle, 
by the end of each 3rd fiscal year for which funds have been 
appropriated to carry out this title--
            (1) not less than 15 percent of the total number of 
        eligible entities receiving grant funds under this title use 
        such funds to carry out the transformation model described in 
        section 103(b)(1)(B)(i) in at least one eligible middle school 
        or eligible high school;
            (2) not less than 15 percent of the total number of 
        eligible entities receiving grant funds under this title use 
        such funds to carry out the turnaround model described in 
        section 103(b)(1)(B)(ii) in at least one eligible middle school 
        or eligible high school;
            (3) not less than 15 percent of the total number of 
        eligible entities receiving grant funds under this title use 
        such funds to carry out the restart model described in section 
        103(b)(1)(B)(iii) in at least one eligible middle school or 
        eligible high school; and
            (4) not less than 15 percent of the total number of 
        eligible entities receiving grant funds under this title use 
        such funds to carry out the close-down model described in 
        section 103(b)(1)(B)(iv) in at least one eligible middle school 
        or eligible high school.

SEC. 102. GRANTS AUTHORIZED.

    (a) Grants Authorized.--From the amount remaining after making the 
reservation described in section 101(a), the Secretary shall award 
grants, on a competitive basis, to eligible entities to improve student 
academic achievement, graduation rates, and postsecondary readiness in 
participating middle schools and participating high schools in such 
eligible entities by carrying out the activities described in section 
103.
    (b) Grant Period.--A grant under this title--
            (1) shall be awarded to an eligible entity for a 3-year 
        period; and
            (2) subject to subsection (e)(2), may be renewable for an 
        additional 3-year period if the Secretary determines that the 
        eligible entity has, by the end of the first 3-year grant 
        period, effectively improved student achievement, graduation 
        rates, and postsecondary school readiness in participating 
        middle schools and participating high schools by, at a 
        minimum--
                    (A) dramatically increasing the graduation rate in 
                participating high schools in the aggregate and 
                disaggregated for subgroups in the same manner as 
                described in section 1111(b)(2)(C)(II) of the 
                Elementary and Secondary Education Act of 1965 (20 
                U.S.C. 6311(6)(2)(C)(II));
                    (B) dramatically increasing the percentage of 
                students who attend at least 90 percent of the schools 
                days in a school year in participating high schools or 
                participating middle schools;
                    (C) dramatically increasing the percentage of 
                students passing math and English courses in 
                participating middle schools;
                    (D) dramatically increasing the percentage of 
                students passing all courses required for graduation 
                from secondary school; and
                    (E) meeting the graduation goals established in 
                section 104(a)(5).
    (c) Federal Share, Non-Federal Share.--
            (1) Federal share.--The Federal share of a grant under this 
        title shall be not more than 75 percent of the costs of the 
        activities assisted under the grant.
            (2) Non-federal share.--
                    (A) In general.--The non-Federal share of a grant 
                under this title shall be not less than 25 percent of 
                the costs of the activities assisted under the grant.
                    (B) In-kind contributions.--An eligible entity may 
                use in-kind contributions to meet the non-Federal share 
                requirement described in subparagraph (A).
            (3) Waiver.--The Secretary may reduce the amount of the 
        non-Federal share of an eligible entity if the eligible entity 
        demonstrates to the Secretary that such funds are unavailable 
        due to economic hardship, as defined by the Secretary.
    (d) Supplement, No Supplant.--An eligible entity that receives a 
grant under this title shall use the grant funds to supplement, and not 
supplant, other Federal and non-Federal funds available to eligible 
middle schools and eligible high schools.
    (e) Maintenance of Effort.--
            (1) In general.--A local educational agency may receive 
        funds under this title for any fiscal year only if the State 
        educational agency finds that either the combined fiscal effort 
        per student or the aggregate expenditures of that agency and 
        the State with respect to the provision of free public 
        education by that agency for the preceding fiscal year was not 
        less than 90 percent of such combined fiscal effort or 
        aggregate expenditures for the second preceding fiscal year.
            (2) Renewal.--In the case of a grant that is renewed in 
        accordance with subsection (b)(2), the Secretary shall make a 
        grant payment for each year of the renewal only if a State 
        demonstrates, to the satisfaction of the Secretary, that the 
        State has the met the maintenance of effort requirement 
        described in paragraph (1).
            (3) Financial hardship waiver.--A State or eligible entity 
        may apply to the Secretary for a waiver of, and the Secretary 
        may waive, the requirements of this subsection if the State is 
        experiencing a financial hardship.

SEC. 103. USES OF FUNDS.

    (a) In General.--An eligible entity receiving a grant under this 
title shall use the funds made available under the grant to improve the 
academic achievement, graduation rates, postsecondary readiness, and 
postsecondary enrollment of students enrolled in each participating 
middle school and participating high school in the eligible entity by 
carrying out the activities described in subsection (b).
    (b) Activities.--An eligible entity shall carry out the following 
activities:
            (1) Implementing, for each participating middle school and 
        participating high school in the eligible entity--
                    (A) an Early Warning System (as defined in section 
                401(8)); and
                    (B) a Model for Success that uses evidence-based 
                strategies and materials to provide rigorous and 
                relevant curricula and instruction to personalize the 
                secondary school experience and improve school climate, 
                which is selected by the eligible entity for each such 
                school from among the following models:
                            (i) Transformation model.--A 
                        ``transformation model'' means a model that 
                        includes--
                                    (I) evidence based strategies and 
                                materials to provide rigorous relevant 
                                curricula and instruction; and
                                    (II) increasing teacher and school 
                                leader effectiveness by implementing 
                                on-site professional development 
                                activities, such as mentoring and 
                                induction programs for new teachers and 
                                career-ladder opportunities for all 
                                teachers, that respond to student and 
                                schoolwide needs.
                            (ii) Turnaround model.--A ``turnaround 
                        model'' means a model that includes--
                                    (I) evidence based strategies and 
                                materials to provide rigorous relevant 
                                curricula and instruction;
                                    (II) replacing the principal, in 
                                cases in which student achievement has 
                                declined during the history of the 
                                principal's tenure, with a new 
                                principal; and
                                    (III) reassigning or replacing each 
                                of the teachers who are assigned to 
                                teach subjects for which they do not 
                                have subject-matter expertise, or are 
                                not highly-qualified, with teachers who 
                                have subject-matter expertise in each 
                                subject that they teach and are highly-
                                qualified.
                            (iii) Restart model.--A ``restart model'' 
                        means a model under which the eligible entity 
                        closes a school and reopens it under a school 
                        management organization or charter management 
                        organization that will--
                                    (I) provide new leadership, new 
                                staff, new instructional programs; and
                                    (II) allow all students who were 
                                enrolled in the school prior to its 
                                closure to enroll in the school when it 
                                reopens.
                            (iv) Close-down model.--A ``close-down 
                        model'' means a model--
                                    (I) under which a school is closed 
                                and students are re-enrolled in other, 
                                higher-achieving schools (which may 
                                include new schools or charter schools) 
                                under the jurisdiction of the eligible 
                                entity; and
                                    (II) that allows school employees 
                                who were employed at the school that 
                                has been closed to re-apply for 
                                positions in the new schools.
            (2) Monitoring and supporting each Graduation Improvement 
        Team serving a participating middle school or participating 
        high school in the eligible entity in carrying out the 
        activities described in section 104(a)(3)(A).
            (3) Providing school leadership teams, including the 
        principal at each participating middle school and participating 
        high school, with more operating flexibility with respect to 
        staffing, evaluation, leadership structure, program, budget, 
        scheduling, and use of school-time decisions.
            (4) Providing academically rigorous education options that 
        lead to a diploma consistent with readiness for postsecondary 
        education based on an analysis of the data available under the 
        Early Warning Data System, and are designed to meet the 
        students' needs, such as effective research-based dropout 
        prevention, credit and dropout recovery, and recuperation 
        education programs for students who are not making sufficient 
        program towards graduation or who have dropped out.
            (5) Providing information and assistance about requirements 
        for high school graduation, college admission, college 
        financial assistance programs, and college and career success 
        for all students enrolled in each such school, including--
                    (A) assistance in completing the FAFSA (as referred 
                to in section 483 of the Higher Education Act (20 
                U.S.C. 1090));
                    (B) information about Federal student aid programs 
                for which students may be eligible, including Federal 
                student loans, Federal Pell grants, and Federal work 
                study programs available pursuant to title IV of the 
                Higher Education Act of 1965 (20 U.S.C. 1070 et seq.); 
                and
                    (C) promotion of existing guidance resources with 
                respect to such Federal student aid programs available 
                to students and families.
            (6) Engaging parents and community partners around school 
        improvement activities carried out under this section and 
        providing parents with the tools to navigate, support, and 
        influence their children's academic career and choices.
            (7) Assisting participating middle schools and 
        participating high schools with costs associated with the 
        implementation of the programs described in paragraph (4), 
        including transportation costs and, in the case of a school in 
        which the eligible entity has carried out a close-down model, 
        other costs associated with providing extra supports to 
        students who are re-enrolled in higher-achieving schools in the 
        eligible entity pursuant to such model.
    (c) Rule of Construction.--Nothing in this section shall be 
construed to alter or otherwise affect the rights, remedies, and 
procedures afforded school or district employees under Federal, State, 
or local laws (including applicable regulations or court orders) or 
under the terms of collective bargaining agreements, memoranda of 
understanding or other agreements between such employees and their 
employers.

SEC. 104. APPLICATION; APPLICATION REVIEW AND AWARD BASIS.

    (a) Application.--An eligible entity desiring a grant under this 
title shall submit an application to the Secretary at such time, in 
such manner, and containing such information as the Secretary may 
require. The application shall, at a minimum, include the following 
information:
            (1) Identification of schools.--An identification--
                    (A) of the eligible high schools and the eligible 
                middle schools under the jurisdiction of the eligible 
                entity; and
                    (B) of the high schools and feeder middle schools 
                of such high schools identified pursuant to 
                subparagraph (A) that will be served by the grant 
                awarded to the eligible entity.
            (2) Needs analysis.--
                    (A) In general.--An assurance that the eligible 
                entity will conduct a needs analysis described in 
                subparagraph (B) for each participating middle school 
                and participating high school to assist the entity in 
                determining which Model of Success described in section 
                103(b)(1)(B) to carry out in each such school.
                    (B) Description.--A needs analysis described in 
                this subparagraph shall include--
                            (i) an analysis of the needs of the student 
                        population in a school, including--
                                    (I) a determination of the number 
                                of students that are not meeting the 
                                State's proficient level of academic 
                                achievement on the State assessments 
                                under section 1111(b)(3) of the 
                                Elementary and Secondary Education Act 
                                of 1965 (20 U.S.C. 6311(b)(3)) and an 
                                identification of the academic subjects 
                                and grade levels in which the students 
                                are failing to meet such level of 
                                academic achievement; and
                                    (II) the specific needs of students 
                                facing significant barriers to high 
                                school graduation, such as students 
                                with limited English proficiency, 
                                students with disabilities, students 
                                who are homeless children and youths, 
                                students who are foster care or are 
                                aging out of the foster care system, or 
                                other disconnected students;
                            (ii) an analysis of the number, experience, 
                        training level, responsibilities, and retention 
                        rates of existing administrative, 
                        instructional, and noninstructional staff for a 
                        school;
                            (iii) in determining which Model of Success 
                        may be the most practical to carry out in a 
                        school--
                                    (I) a review of the school's 
                                budget, including how Federal, State, 
                                and local funds are being spent, as of 
                                the time of the analysis, for 
                                instruction and operations at the 
                                school level for staff salaries, 
                                instructional materials, professional 
                                development, and student support 
                                services, in order to establish the 
                                extent to which existing resources need 
                                to, and can be reallocated, or better 
                                coordinated, with activities to improve 
                                the school;
                                    (II) a review of the additional 
                                resources and staff necessary to 
                                implement, at the school, the 
                                activities identified under a Model for 
                                Success; and
                                    (III) an analysis of the capacity 
                                of the eligible entity to provide 
                                technical assistance, additional staff, 
                                and resources to implement activities 
                                identified under a Model for Success; 
                                and
                            (iv) a comparison of the ratio of highly-
                        qualified teachers with subject matter 
                        expertise in the subjects they teach in 
                        eligible middle schools and eligible high 
                        schools served by the eligible entity, compared 
                        to the highest-achieving schools served by the 
                        eligible entity.
            (3) Selection of models of success.--A selection of a Model 
        of Success described in section 103(b)(1)(B) for each 
        participating middle school and participating high school that 
        is made after conducting a needs analysis described in 
        paragraph (2).
            (4) Graduation improvement team.--
                    (A) In general.--An assurance that the eligible 
                entity will establish, for each participating middle 
                school and participating high school in which the 
                entity will carry out a Model of Success described in 
                clause (i), (ii), or (iii) of section 103(b), a 
                Graduation Improvement Team described in subparagraph 
                (B) that, with respect to each such school--
                            (i) assists the eligible entity in--
                                    (I) implementing such Models; and
                                    (II) maintaining the Early Warning 
                                System (as defined in section 401(8)) 
                                and identifying and implementing the 
                                necessary evidenced-based interventions 
                                under the intervention component of 
                                such system; and
                            (ii) provides consultation to the eligible 
                        entity in carrying out the activities described 
                        in section 103.
                    (B) Members.--A Graduation Improvement Team--
                            (i) shall include--
                                    (I) a principal or school leader 
                                from the participating middle school or 
                                participating high school;
                                    (II) at least 2 teachers 
                                representing different grade levels or 
                                disciplines from the participating 
                                middle school or participating high 
                                school;
                                    (III) specialized instructional 
                                services personnel;
                                    (IV) staff of the eligible entity; 
                                and
                                    (V) a representative from a 
                                technical assistance provider or a 
                                nonprofit organization with 
                                demonstrated expertise in analyzing 
                                performance data and a demonstrated 
                                record of success--
                                            (aa) in improving student 
                                        achievement or graduation or 
                                        college enrollment rates;
                                            (bb) restructuring low-
                                        performing middle schools or 
                                        high schools; and
                                            (cc) in carrying out 
                                        activities relative to the 
                                        needs of the student population 
                                        (including needs related to 
                                        linguistic and cultural 
                                        diversity, varied learning 
                                        styles, and youth facing 
                                        significant obstacles to 
                                        graduation) in the 
                                        participating middle school or 
                                        participating high school;
                                    (VI) a representative from a school 
                                management organization, which may 
                                include charter management 
                                organizations;
                                    (VII) a representative from a 
                                teacher organization; and
                                    (VIII) one individual from among 
                                each of the following community 
                                representatives--
                                            (aa) parents, including 
                                        parents of students at-risk of 
                                        dropping out of the 
                                        participating school; and
                                            (bb) nonprofit 
                                        organizations serving young 
                                        people (such as those that 
                                        provide behavioral or mental 
                                        health services, job training 
                                        and apprenticeship programs, 
                                        job placement and retention 
                                        training, education and after 
                                        school programs, mentoring 
                                        programs, conflict resolution, 
                                        sports, arts, life skills, or 
                                        supports for youth who have 
                                        dropped out of school, are at 
                                        risk of dropping out, or 
                                        demonstrate chronic truancy); 
                                        and
                            (ii) may include representatives from--
                                    (I) the State educational agency 
                                serving the eligible entity;
                                    (II) philanthropic organizations;
                                    (III) the business community;
                                    (IV) an institution of higher 
                                education; and
                                    (V) a county, city, or other local 
                                unit of government.
            (5) Early warning system.--Provide an assurance that the 
        eligible entity will, for each participating middle school and 
        participating high school, establish and, in consultation with 
        each Graduation Improvement Team at each such school, if 
        applicable, maintain an Early Warning System (as defined in 
        section 401(8)) and identify and implement necessary evidenced-
        based interventions under the intervention component of such 
        system.
            (6) Ensuring equity in teacher distribution.--
                    (A) Integration with state teacher equity plan.--
                Demonstrate how each participating middle school and 
                participating high school in the eligible entity and 
                the implementation of the Model of Success selected for 
                each such school will meet the requirements of the 
                State Plan of the State in which the eligible entity is 
                located described in section 1111(b)(8)(C) of the 
                Elementary and Secondary Education Act of 1965 (20 
                U.S.C. 6311(b)(8)(C)) to ensure that low-income and 
                minority children are not taught at higher rates than 
                other children by out-of-field, inexperienced, or 
                unqualified teachers.
                    (B) Integration with american recovery and 
                reinvestment act teacher equity assurance.--Demonstrate 
                how each participating middle school and participating 
                high school in the eligible entity and the 
                implementation of the Model of Success selected for 
                each such school will meet the requirements of the 
                State assurance provided by the State in which the 
                eligible entity is located pursuant to section 
                14005(d)(2) of the American Recovery and Reinvestment 
                Act of 2009 (Public Law 111-5) to--
                            (i) take actions to improve teacher 
                        effectiveness;
                            (ii) address inequities in the distribution 
                        of highly qualified teachers between high- and 
                        low-poverty schools; and
                            (iii) ensure that low-income and minority 
                        children are not taught at higher rates than 
                        other children by inexperienced, unqualified, 
                        or out-of-field teachers.
                    (C) Teacher equity for students with 
                disabilities.--Demonstrate how each participating 
                middle school and participating high school and the 
                implementation of the Model of Success selected for 
                each such school will ensure that students with 
                disabilities are not taught at higher rates than other 
                children by inexperienced, unqualified, or out-of-field 
                teachers.
            (7) Sustainable resources and support.--Demonstrate that 
        the eligible entity has the resources and support to sustain 
        and further improve student achievement and graduation rates 
        following the completion of the 3-year grant period.
            (8) Graduation rate goals.--Provide ambitious goals, as 
        defined by the Secretary, for graduation rate improvement for 
        the students in the subgroups described in section 
        1111(b)(2)(C)(II) of the Elementary and Secondary Education Act 
        of 1965 (20 U.S.C. 6311(6)(2)(C)(II)) at each participating 
        high school.
    (b) Application Review and Renewal.--The Secretary shall--
            (1) establish a peer review process to assist in the review 
        of the grant applications and approval of the grants under this 
        title;
            (2) appoint to the peer review team--
                    (A) individuals who are educators or experts in--
                            (i) innovative education models;
                            (ii) secondary school reform;
                            (iii) school accountability;
                            (iv) postsecondary education preparation 
                        and access; and
                            (v) workforce preparation; and
                    (B) not less than 1 parent or community 
                representative; and
            (3) ensure that each grant award is of sufficient size and 
        scope to carry out the activities proposed in the grant 
        application, including the evaluation required under section 
        105(c).
    (c) Award Basis.--In awarding grants under this title the Secretary 
shall ensure a diversity of grant awards to eligible entities in both 
urban and rural areas and prioritize applications from--
            (1) eligible entities serving eligible high schools with 
        the lowest graduation rates in the State in which the eligible 
        entity is located;
            (2) eligible entities serving eligible middle schools and 
        eligible high schools and with the highest poverty rates in the 
        State in which the eligible entity is located;
            (3) eligible entities that demonstrate support for grants 
        awarded under this title from--
                    (A) key stake holders (including the local 
                teachers' union);
                    (B) the charter school authorizers of the State in 
                which the eligible entity is located; and
                    (C) other State and local leaders (which may 
                include leaders of civil rights, business, and 
                education associations);
            (4) eligible entities that partner with an external 
        assistance organization with a demonstrated record of success 
        with respect to the needs of the student population; and
            (5) eligible entities serving geographic areas, including 
        rural and urban areas, with significant economic distress, as 
        defined by the Secretary.

SEC. 105. EVALUATION AND REPORTING.

    (a)  Reporting.--Each eligible entity receiving a grant under this 
title shall collect and report annually to the Secretary such 
information on the results of the activities assisted under the grant 
as the Secretary may reasonably require, including information 
(disaggregated in the same manner as described in section 
1111(h)(1)(C)(i) of the Elementary and Secondary Education Act of 1965 
(20 U.S.C. 6311(h)(1)(C)(i), and cross-tabulated by race, ethnicity, 
and gender)) on--
            (1) the number and percentage of students served, by grade 
        level;
            (2) with respect to each participating middle school and 
        participating high school in the eligible entity--
                    (A) academic achievement data, including the 
                percentage of students scoring advanced proficient, 
                basic, and below basic on the State assessments 
                described in section 1111(b)(3) of the Elementary and 
                Secondary Education Act of 1965 (20 U.S.C. 6311(b)(3));
                    (B) high school graduation rate data;
                    (C) the percentage of students--
                            (i) enrolled in Advanced Placement courses; 
                        and
                            (ii) who passed Advanced Placement exams;
                    (D) college enrollment rate data;
                    (E) postsecondary persistence rate data; and
                    (F) the percentage of core courses taught by 
                teachers with subject matter expertise in such courses.
    (b) Evaluation; Best Practices.--
            (1) In general.--From amounts reserved under section 
        101(a), the Secretary shall enter into a contract with an 
        outside evaluator to carry out the following:
                    (A) Evaluation.--
                            (i) In general.--Conducting a comprehensive 
                        evaluation at the end of the 3rd fiscal year 
                        that funds are appropriated to carry out this 
                        title on the effectiveness of all grants 
                        awarded to eligible entities under this title, 
                        including a comparison of the data on student 
                        achievement described in clause (ii) among 
                        participating middle schools and participating 
                        high schools in which the eligible entities 
                        carried out a Model of Success described in--
                                    (I) section 103(b)(1)(B)(i);
                                    (II) section 103(b)(1)(B)(ii);
                                    (III) section 103(b)(1)(B)(iii); 
                                and
                                    (IV) section 103(b)(1)(B)(iv).
                            (ii) Data.--The data on student achievement 
                        described in this clause shall include--
                                    (I) student academic achievement 
                                data;
                                    (II) high school graduation rate 
                                data;
                                    (III) college enrollment rate data; 
                                and
                                    (IV) postsecondary persistence rate 
                                data.
                    (B) Best practices.--Disseminating best practices 
                in improving the achievement of middle school and high 
                school students.
                    (C) Technical assistance.--Providing technical 
                assistance to eligible entities that receive a grant 
                under this title.
            (2) Peer review.--
                    (A) In general.--An evaluator receiving a contract 
                under this subsection shall--
                            (i) establish a peer-review process to 
                        assist in the review and approval of the 
                        evaluations conducted under this subsection; 
                        and
                            (ii) appoint individuals to the peer-review 
                        process who are--
                                    (I) educators and experts in--
                                            (aa) research and 
                                        evaluation; and
                                            (bb) the areas of expertise 
                                        described in section section 
                                        104(b)(2)(A); and
                                    (II) independent of the eligible 
                                entities that receive grants under this 
                                title and the Graduation Improvement 
                                Teams served by such grants.
                    (B) Restrictions on use.--The Secretary shall not 
                distribute or use the results of any evaluation 
                described in paragraph (1)(A) until the results are 
                peer-reviewed in accordance with subparagraph (A).

SEC. 106. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this title, 
$2,000,000,000 for fiscal year 2011, and such sums as may be necessary 
for each of the 5 succeeding fiscal years.

         TITLE II--FAST TRACK TO COLLEGE DEMONSTRATION PROGRAM

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Fast Track to College Act of 
2009''.

SEC. 202. PURPOSE.

    The purpose of this title is to increase high school graduation 
rates and the percentage of students, including low-income students and 
students from populations underrepresented in higher education, who 
complete a recognized postsecondary credential by the age of 26.

SEC. 203. ELIGIBLE ENTITY.

    In this title, the term ``eligible entity'' means a local 
educational agency--
            (1) that is--
                    (A) eligible for funding under section 1125 of the 
                Elementary and Secondary Education Act of 1965; or
                    (B) a Bureau-funded school; and
            (2) that partners with an institution of higher education 
        to establish, or support an existing, early college high school 
        or dual enrollment program.

SEC. 204. AUTHORIZATION OF APPROPRIATIONS; RESERVATIONS.

    (a) Authorization of Appropriations.--To carry out this title, 
there are authorized to be appropriated $150,000,000 for fiscal year 
2011 and such sums as may be necessary for each of the 5 succeeding 
fiscal years.
    (b) Reservations.--Of the amount appropriated under subsection (a) 
for a fiscal year, the Secretary shall reserve--
            (1) at least 40 percent to award grants to eligible 
        entities that establish a new, or support an existing, early 
        college high school in accordance with section 206;
            (2) at least 40 percent to award grants to eligible 
        entities that establish a new, or support an existing, dual 
        enrollment program in accordance with section 206; and
            (3) not more than 5 percent for the purpose of conducting 
        the national evaluation and providing technical assistance 
        activities to grant recipients under sections 209(d) and 
        209(e).

SEC. 205. AUTHORIZED PROGRAM.

    (a) In General.--From the amount appropriated under section 204(a), 
the Secretary is authorized to award 6-year grants to eligible entities 
seeking to establish a new, or support an existing, early college high 
school or dual enrollment program in accordance with section 206.
    (b) Grant Amount.--
            (1) In general.--Subject to paragraph (1), the Secretary 
        shall ensure that grants are of sufficient size to enable 
        grantees to--
                    (A) carry out all required activities described in 
                section 106(a); and
                    (B) otherwise meet the purpose of this title.
            (2) Limitation.--The amount of a grant awarded under this 
        title shall not exceed $2,000,000.
    (c) Matching Requirement.--
            (1) In general.--To be eligible to receive a grant under 
        this title, an eligible entity shall contribute non-Federal 
        matching funds toward the costs of the early college high 
        school or dual enrollment program to be supported under the 
        grant in an amount equal to not less than the applicable 
        percent of the amount of the grant.
            (2) Applicable percentage.--For purposes of paragraph (1), 
        the applicable percentage means--
                    (A) 20 percent in the first fiscal year of the 
                grant;
                    (B) 20 percent in the second fiscal year of the 
                grant;
                    (C) 30 percent in the third fiscal year of the 
                grant;
                    (D) 30 percent in the fourth fiscal year of the 
                grant;
                    (E) 40 percent in the fifth fiscal year of the 
                grant; and
                    (F) 50 percent in the sixth fiscal year of the 
                grant.
            (3) Determination of amount contributed.--The non-Federal 
        share may be in cash or in kind.
            (4) Waiver.--The Secretary may waive or reduce the amount 
        of the non-Federal share of an eligible entity if the eligible 
        entity demonstrates extreme economic distress, as determined by 
        the Secretary.
    (d) Supplement, Not Supplant.--An eligible entity shall use a grant 
received under this title only to supplement, and not supplant, non-
Federal funds that would, in the absence of such grant, be made 
available to support the activities described in the eligible entity's 
application under section 207.
    (e) Priority.--In awarding grants under this section, the Secretary 
shall give priority to applicants--
            (1) receiving a grant under title I of this Act; and
            (2) whose applications demonstrate that they will use the 
        grant funds received under this title to serve geographic areas 
        with severe economic distress, as determined by the Secretary.

SEC. 206. USES OF FUNDS.

    (a) Required Activities.--An eligible entity shall use grant funds 
received under this title to support the activities described in its 
application under section 207, which shall include the following:
            (1) Planning year.--In the case of an eligible entity 
        establishing a new early college high school or dual enrollment 
        program, during the first year of the grant, the eligible 
        entity shall use the grant funds to--
                    (A) hire a principal and staff, as appropriate;
                    (B) design the curriculum and sequence of courses 
                in collaboration with (at a minimum) teachers from the 
                local educational agency and faculty from the partner 
                institution of higher education;
                    (C) inform parents and the community about the 
                school or program and opportunities to become actively 
                involved in the school or program;
                    (D) establishing a course articulation process for 
                defining and approving courses for high school and 
                college credit;
                    (E) outreach programs to ensure that middle school 
                and high school students and their families are aware 
                of the early college high school or dual enrollment 
                program;
                    (F) liaison activities among partners in the 
                eligible entity; and
                    (G) coordinating secondary and postsecondary 
                support services, academic calendars, and 
                transportation.
            (2) Implementation period.--During the remainder of the 
        grant period, the eligible entity shall use grant funds for--
                    (A) academic and social support services, including 
                counseling;
                    (B) liaison activities among partners in the 
                eligible entity;
                    (C) data collection and use of such data for 
                student and instructional improvement and program 
                evaluation;
                    (D) outreach programs to ensure that middle school 
                and high school students and their families are aware 
                of the early college high school or dual enrollment 
                program;
                    (E) professional development, including joint 
                professional development for secondary school and 
                faculty from the institution of higher education; and
                    (F) school or program design and planning team 
                activities, including curriculum development.
    (b) Allowable Activities.--An eligible entity may use grant funds 
received under this title to support the activities described in its 
application under section 207, including--
            (1) purchasing textbooks and equipment that support the 
        school or program's curriculum;
            (2) developing learning opportunities for students that 
        complement classroom experiences, such as internships, career-
        based capstone projects, and opportunities provided under 
        subpart 2 of part A of title IV of the Higher Education Act of 
        1965 (20 U.S.C. 1070a-11 et seq.);
            (3) transportation; and
            (4) planning time for high school and college educators to 
        collaborate.

SEC. 207. APPLICATION.

    (a) In General.--To receive a grant under this title, an eligible 
entity shall submit to the Secretary an application at such time, in 
such manner, and including such information as the Secretary determines 
to be appropriate.
    (b) Contents of Application.--At a minimum, an application 
described in subsection (a) shall include a description of--
            (1) the early college high school's or other dual 
        enrollment program's budget;
            (2) each partner in the eligible entity and its experience 
        with early college high schools or other dual enrollment 
        programs, including key personnel from each partner and their 
        responsibilities for the early college high school or dual 
        enrollment program;
            (3) how the eligible entity will work with secondary and 
        postsecondary teachers, other public and private entities, 
        community-based organizations, businesses, labor organizations, 
        and parents to ensure that students will be prepared to succeed 
        in postsecondary education and employment, which may include 
        the development of an advisory board;
            (4) how the eligible entity will target and recruit at-risk 
        youth, including those at risk of dropping out of school, first 
        generation college students, and students from populations 
        described in section 1111(b)(2)(C)(v)(II) of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 
        6311(b)(2)(C)(v)(II));
            (5) a system of student supports including, but not limited 
        to, small group activities, tutoring, literacy and numeracy 
        skill development in all academic disciplines, parental and 
        community outreach and engagement, extended learning time, and 
        college readiness activities, such as early college academic 
        seminars and counseling;
            (6) in the case of an early college high school, how a 
        graduation and career plan will be developed, consistent with 
        State graduation requirements, for each student and reviewed 
        each semester;
            (7) how parents or guardians of dually enrolled students 
        will be informed of their academic performance and progress 
        and, subject to paragraph (5), involved in the development of 
        their career and graduation plan;
            (8) coordination that will occur between an institution of 
        higher education and the local educational agency, including 
        regarding academic calendars, provision of student services, 
        curriculum development, and professional development;
            (9) how the eligible entity will ensure that teachers in 
        the early college high school or other dual enrollment program 
        receive appropriate professional development and other 
        supports, including to enable them to utilize effective parent 
        and community engagement strategies, and help English-language 
        learners, students with disabilities, and students from diverse 
        cultural backgrounds to succeed;
            (10) learning opportunities for students that complement 
        classroom experiences, such as internships, career-based 
        capstone projects, and opportunities provided under subpart 2 
        of part A of title IV of the Higher Education Act of 1965 (20 
        U.S.C. 1070a-11 et seq.);
            (11) how policies, agreements, and courses taken will 
        ensure that postsecondary credits earned will be transferable 
        to, at a minimum, public institutions of higher education 
        within the State, consistent with existing statewide 
        articulation agreements;
            (12) student assessments and other measurements of student 
        achievement including benchmarks for student achievement;
            (13) outreach programs to provide elementary and secondary 
        school students, especially those in middle grades, and their 
        parents, teachers, school counselors, and principals 
        information about and academic preparation for the early 
        college high school or other dual enrollment program;
            (14) how the local educational agency and institution of 
        higher education will work together, as appropriate, to collect 
        and use data for student and instructional improvement and 
        program evaluation;
            (15) how the eligible entity will help students meet 
        eligibility criteria for postsecondary courses and ensure that 
        students understand how their credits will transfer; and
            (16) how the eligible entity will access and leverage 
        additional resources necessary to sustain the early college 
        high school or other dual enrollment program after the grant 
        expires, including by engaging businesses and non-profit 
        organizations.
    (c) Assurances.--An eligible entity's application under subsection 
(a) shall include assurances that--
            (1) in the case of an early college high school, the 
        majority of courses offered, including of postsecondary 
        courses, will be offered at facilities of an institution of 
        higher education;
            (2) students will not be required to pay tuition or fees 
        for postsecondary courses;
            (3) postsecondary credits earned will be transcribed upon 
        completion of the requisite course work; and
            (4) faculty teaching postsecondary courses meet the normal 
        standards for faculty established by the institution of higher 
        education.
    (d) Waiver.--The Secretary may waive the requirement of subsection 
(c)(1) upon a showing that it is impractical to apply due to geographic 
considerations.

SEC. 208. PEER REVIEW.

    (a) Peer Review of Applications.--The Secretary shall establish 
peer review panels to review applications submitted pursuant to section 
206 to advise the Secretary regarding such applications.
    (b) Composition of Peer Review Panels.--The Secretary shall ensure 
that each peer review panel is not comprised wholly of full-time 
officers or employees of the Federal Government and includes, at a 
minimum--
            (1) experts in the establishment and administration of 
        early college high schools or other dual enrollment programs 
        from the secondary and postsecondary perspective;
            (2) faculty at institutions of higher education and 
        secondary school teachers with expertise in dual enrollment; 
        and
            (3) experts in the education of at-risk students.

SEC. 209. REPORTING AND OVERSIGHT.

    (a) Reporting by Grantees.--
            (1) In general.--The Secretary shall establish uniform 
        guidelines for eligible entities receiving a grant under this 
        title concerning information such entities shall annually 
        report to the Secretary to demonstrate the progress of the 
        entity toward achieving the goals of this title.
            (2) Contents of report.--At a minimum, the report described 
        in paragraph (1) shall include, with respect to all students 
        enrolled in the early college high school or dual enrollment 
        program of each eligible entity receiving a grant under this 
        title, the following information (disaggregated in the same 
        manner as described in section 1111(h)(1)(C)(i) of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        6311(h)(1)(C)(i))):
                    (A) The number of students enrolled in the early 
                college high school or dual enrollment program.
                    (B) The percentage of students scoring advanced, 
                proficient, basic, and below basic on the assessments 
                described in section 1111(b)(3) of the Elementary and 
                Secondary Education Act of 1965 (20 U.S.C. 6311(b)(3)).
                    (C) The performance on other assessments or 
                measurements of achievement.
                    (D) The number of secondary school credits earned.
                    (E) The number of postsecondary credits earned by 
                such students.
                    (F) The attendance rate, as appropriate.
                    (G) Graduation rate.
                    (H) Placement in postsecondary education or 
                advanced training, in military service, and in 
                employment.
                    (I) A description of the school or program's 
                student, parent, and community outreach and engagement.
    (b) Reporting by Secretary.--The Secretary annually shall compile 
and analyze the information described in subsection (a) and shall 
submit a report containing such analysis to the Committee on Health, 
Education, Labor, and Pensions of the Senate and the Committee on 
Education and Labor of the House of Representatives. The report shall 
include identification of best practices for achieving the goals of 
this title.
    (c) Monitoring Visits.--The Secretary's designee shall visit each 
grantee at least once for the purpose of helping the grantee achieve 
the goals of this title and to monitor the grantee's progress toward 
achieving such goals.
    (d) National Evaluation.--Not later than 6 months after the date on 
which funds are appropriated to carry out this title, the Secretary 
shall enter into a contract with an independent organization to perform 
an evaluation of the grants awarded under this title. Such evaluation 
shall apply rigorous procedures to obtain valid and reliable data 
concerning participants' outcomes by social and academic 
characteristics and monitor the progress of students from high school 
to and through postsecondary education.
    (e) Technical Assistance.--The Secretary shall provide technical 
assistance to eligible entities concerning best practices in early 
college high schools and dual enrollment programs and shall disseminate 
such best practices among eligible entities and State and local 
educational agencies. Amounts retained by the Secretary for technical 
assistance shall be used to make grants to, or contracts with, public 
or nonprofit agencies and organizations with expertise in supporting 
the development and implementation of statewide or national duel 
enrollment programs or early college programs.

SEC. 210. RULES OF CONSTRUCTION.

    (a) Employees.--Nothing in this title shall be construed to alter 
or otherwise affect the rights, remedies, and procedures afforded to 
the employees of local educational agencies (including schools) or 
institutions of higher education under Federal, State, or local laws 
(including applicable regulations or court orders) or under the terms 
of collective bargaining agreements, memoranda of understanding, or 
other agreements between such employees and their employers.
    (b) Graduation Rate.--A student who graduates from an early college 
high school supported under this title in the standard number of years 
for graduation described in the eligible entity's application shall be 
considered to have graduated on time for purposes of section 
1111(b)(2)(C)(6) of the Elementary and Secondary Education Act of 1965 
(20 U.S.C. 6311(b)(2)(C)(6)).

             TITLE III--SHARING WHAT WORKS IN MIDDLE GRADES

SEC. 301. PURPOSE.

    The purpose of this title is to facilitate the generation, 
dissemination, and application of research needed to identify and 
implement effective practices that lead to continual student learning 
and high academic achievement in the middle grades.

SEC. 302. RESEARCH RECOMMENDATIONS.

    (a) Study on Promising Practices.--
            (1) In general.--Not later than 60 days after the date of 
        enactment of this Act, the Secretary shall enter into a 
        contract with the Center for Education of the National 
        Academies to study and identify promising practices for the 
        improvement of middle grades education.
            (2) Content of study.--The study described in paragraph (1) 
        shall identify promising practices currently being implemented 
        for the improvement of middle grades education. The study shall 
        be conducted in an open and transparent way that provides 
        interim information to the public about criteria being used to 
        identify--
                    (A) promising practices;
                    (B) the practices that are being considered; and
                    (C) the kind of evidence needed to document 
                effectiveness.
            (3) Report.--The contract entered into pursuant to this 
        subsection shall require that the Center for Education of the 
        National Academies submit to the Secretary, the Committee on 
        Health, Education, Labor, and Pensions of the Senate, and the 
        Committee on Education and Labor of the House of 
        Representatives a final report regarding the study conducted 
        under this subsection not later than 1 year after the date of 
        the commencement of the contract.
            (4) Publication.--The Secretary shall make public and post 
        on the website of the Department of Education the findings of 
        the study conducted under this subsection.
    (b) Synthesis Study of Effective Teaching and Learning in Middle 
Grades.--
            (1) In general.--Not later than 60 days after the date of 
        enactment of this Act, the Secretary shall enter into a 
        contract with the Center for Education of the National 
        Academies to review existing research on middle grades 
        education, and on factors that might lead to increased 
        effectiveness and enhanced innovation in middle grades 
        education.
            (2) Content of study.--The study described in paragraph (1) 
        shall review research on education programs, practices, and 
        policies, as well as research on the cognitive, social, and 
        emotional development of children in the middle grades age 
        range, in order to provide an enriched understanding of the 
        factors that might lead to the development of innovative and 
        effective middle grades programs, practices, and policies. The 
        study shall focus on--
                    (A) the areas of curriculum, instruction, and 
                assessment (including additional supports for students 
                who are below grade level in reading, writing, 
                mathematics, and science, and the identification of 
                students with disabilities) to better prepare all 
                students for subsequent success in high school, 
                college, and cognitively challenging employment;
                    (B) the quality of, and supports for, the teacher 
                workforce;
                    (C) aspects of student behavioral and social 
                development, and of social interactions within schools 
                that affect the learning of academic content;
                    (D) the ways in which schools and local educational 
                agencies are organized and operated that may be linked 
                to student outcomes;
                    (E) how development and use of early warning 
                systems can reduce risk factors for dropping out of 
                school and low academic achievement; and
                    (F) identification of areas where further research 
                and evaluation may be needed on these topics to further 
                the development of effective middle grades practices.
            (3) Report.--The contract entered into pursuant to this 
        subsection shall require that the Center for Education of the 
        National Academies submit to the Secretary, the Committee on 
        Health, Education, Labor, and Pensions of the Senate, and the 
        Committee on Education and Labor of the House of 
        Representatives a final report regarding the study conducted 
        under this subsection not later than 2 years after the date of 
        commencement of the contract.
            (4) Publication.--The Secretary shall make public and post 
        on the website of the Department of Education the findings of 
        the study conducted under this subsection.
    (c) Other Activities.--The Secretary shall carry out each of the 
following:
            (1) Create a national clearinghouse, in coordination with 
        entities such as What Works and the Doing What Works 
        Clearinghouses, for research in best practices in the middle 
        grades and in the approaches that successfully take those best 
        practices to scale in schools and local educational agencies.
            (2) Create a national middle grades database accessible to 
        educational researchers, practitioners, and policymakers that 
        identifies school, classroom, and system-level factors that 
        facilitate or impede student academic achievement in the middle 
        grades.
            (3) Require the Institute of Education Sciences to develop 
        a strand of field-initiated and scientifically valid research 
        designed to enhance performance of schools serving middle 
        grades students, and of middle grades students who are most at 
        risk of educational failure, which may be coordinated with the 
        regional educational laboratories established under section 174 
        of the Education Sciences Reform Act of 2002 (20 U.S.C. 9564), 
        institutions of higher education, agencies recognized for their 
        research work that has been published in peer-reviewed 
        journals, and organizations that have such regional educational 
        laboratories. Such research shall target specific issues such 
        as--
                    (A) effective practices for instruction and 
                assessment in mathematics, science, technology, and 
                literacy;
                    (B) academic interventions for adolescent English 
                language learners;
                    (C) school improvement programs and strategies for 
                closing the academic achievement gap;
                    (D) evidence-based or, when available, 
                scientifically valid professional development planning 
                targeted to improve pedagogy and student academic 
                achievement;
                    (E) the effects of increased learning or extended 
                school time in the middle grades; and
                    (F) the effects of decreased class size or 
                increased instructional and support staff.
            (4) Strengthen the work of the existing national research 
        and development centers under section 133(c) of the Education 
        Sciences Reform Act of 2002 (20 U.S.C. 9533(c)), as of the date 
        of enactment of this Act, by adding an educational research and 
        development center dedicated to addressing--
                    (A) curricular, instructional, and assessment 
                issues pertinent to the middle grades (such as 
                mathematics, science, technological fluency, the needs 
                of English language learners, and students with 
                disabilities);
                    (B) comprehensive reforms for low-performing middle 
                grades; and
                    (C) other topics pertinent to improving the 
                academic achievement of middle grades students.
            (5) Provide grants to nonprofit organizations, for-profit 
        organizations, institutions of higher education, and others to 
        partner with State educational agencies and local educational 
        agencies to develop, adapt, or replicate effective models for 
        turning around low-performing middle grades.

                         TITLE IV--DEFINITIONS

SEC. 401. DEFINITIONS.

    Except as otherwise provided, in this Act:
            (1) Bureau-funded school.--The term ``Bureau-funded 
        school'' has the meaning given such term in section 1146 of the 
        Education Amendments of 1978 (25 U.S.C. 2026).
            (2) Charter management organization.--The term ``charter 
        management organization'' means a nonprofit organization that 
        operates or manages a charter school or other school by 
        centralizing or sharing certain functions and resources.
            (3) Charter school.--The term ``charter school''--
                    (A) has the meaning given such term in section 
                5210(1) of the Elementary and Secondary Education Act 
                of 1965 (20 U.S.C. 7221i(1)); and
                    (B) may include a charter school that provides 
                prekindergarten or adult education services.
            (4) College enrollment rate.--The term ``college enrollment 
        rate'' means the rate at which students who are graduating from 
        secondary school in the same academic year enroll in an 
        institution of higher education in the same calendar year.
            (5) Core courses.--The term ``core courses'' has the 
        meaning given the tern ``core academic subjects'' in section 
        9101(11) of the Elementary and Secondary Education Act of 1965 
        (20 U.S.C. 7801(11)).
            (6) Dual enrollment program.--The term ``dual enrollment 
        program'' means an academic program established in partnership 
        between a local educational agency and an institution of higher 
        education that enables a high school student to simultaneously 
        earn credit toward--
                    (A) a high school diploma; and
                    (B) a postsecondary degree or certificate.
            (7) Early college high school.--The term ``early college 
        high school'' means a high school established in partnership 
        between a local educational agency and an institution of higher 
        education that provides a course of study that enables a 
        student to earn--
                    (A) a high school diploma; and
                    (B) an associate's degree or 1 to 2 years of 
                college credit toward a postsecondary degree or 
                credential.
            (8) Early warning system.--
                    (A) In general.--The term ``Early Warning System'' 
                means a data and intervention system, which is 
                maintained by a local educational agency, that 
                collects, analyzes, and reports student-level data in a 
                timely and ongoing basis to help schools in the local 
                educational agency identify and implement tiered 
                academic, social, and behavioral evidence-based 
                interventions, including differentiated instruction, in 
                order to ensure each middle school and high school 
                student served by the local educational agency is on 
                track to graduate and meet the student's postsecondary 
                education and career goals by--
                            (i) alerting schools in the local 
                        educational agency when a student begins to 
                        exhibit academic, social, or behavioral 
                        indicators of increased risk for low academic 
                        achievement, not graduating from secondary 
                        school, or disciplinary actions;
                            (ii) alerting schools in the local 
                        educational agency when a student has been 
                        retained in a grade level, is an undercredited 
                        student, is a late entrant English language 
                        learner, has come into contact with the 
                        juvenile justice system, has a dramatically 
                        decreased attendance rate, or has significant 
                        other barriers that limit successful high 
                        school completion and academic achievement;
                            (iii) identifying appropriate evidence-
                        based interventions for individual students 
                        under the intervention component described in 
                        subparagraph (D) and carrying out such 
                        interventions under such component; and
                            (iv) sharing the student-level data 
                        collected, analyzed, and reported by such 
                        system among high schools and their feeder 
                        middle schools.
                    (B) Early warning data component.--
                            (i) In general.--The data component of an 
                        Early Warning System is a data system that 
                        carries out the activities described in 
                        subparagraph (A) (with the exception of the 
                        activities carried out under the intervention 
                        component described in subparagraph (D)) by 
                        collecting, analyzing, and reporting student-
                        level data (through software, automation, 
                        manual analysis or other methods)--
                                    (I) in a manner consistent with the 
                                Family Educational Rights and Privacy 
                                Act of 1974 (20 U.S.C. 1232g);
                                    (II) in a format that is easily 
                                accessible and useable by school staff 
                                at the school level; and
                                    (III) that is interoperable with 
                                the longitudinal data system 
                                established under section 14005(d)(3) 
                                of the American Recovery and 
                                Reinvestment Act of 2009 (Public Law 
                                111-5) for the State educational agency 
                                serving the local educational agency 
                                that maintains such system.
                            (ii) Reporting.--The data component 
                        described in clause (i) shall have the capacity 
                        to report student-level data--
                                    (I) with respect to individual 
                                students;
                                    (II) with respect to students in 
                                the aggregate; and
                                    (III) that is disaggregated by all 
                                the demographic subgroups of students 
                                described in section 1111(h)(1)(C)(i) 
                                of the Elementary and Secondary 
                                Education Act of 1965 (20 U.S.C. 
                                6311(h)(1)(C)(i)), crosstabulated by 
                                all categories.
                    (C) Student-level data.--For purposes of this 
                paragraph, the term ``student-level data'' means 
                longitudinal data with respect to individual students, 
                including all the demographic subgroups of students 
                described in section 1111(h)(1)(C)(i) of the Elementary 
                and Secondary Education Act of 1965 (20 U.S.C. 
                6311(h)(1)(C)(i)), on--
                            (i) academic performance in core courses;
                            (ii) levels of achievement on State 
                        academic assessments described in section 
                        1111(b)(3) of the Elementary and Secondary 
                        Education Act of 1965 (20 U.S.C. 6311(b)(3));
                            (iii) on-time and delayed promotion from 
                        grade-to-grade;
                            (iv) college admissions test participation;
                            (v) completion of courses in which the 
                        student is dually-enrolled, college-level 
                        courses, college-preparatory courses, and 
                        middle-school prerequisite courses;
                            (vi) graduation with a high school diploma 
                        and reason for exiting other than earned high 
                        school diploma;
                            (vii) behavioral indicators, including 
                        attendance, office referrals, suspensions, and 
                        expulsions;
                            (viii) college enrollment and postsecondary 
                        persistence; and
                            (ix) other academic, social and behavioral 
                        indicators as determined by the local 
                        educational agency.
                    (D) Early warning intervention component.--
                            (i) In general.--The intervention component 
                        of an Early Warning System is a comprehensive 
                        system of evidence-based academic, social, and 
                        behavioral services and supports for at-risk 
                        students, including whole school reform 
                        activities, targeted student interventions, and 
                        intensive individual student interventions 
                        described in clauses (ii), (iii), and (iv), 
                        respectively, which shall be continually 
                        evaluated by the local educational agency 
                        maintaining the Early Warning System for their 
                        effectiveness.
                            (ii) Whole school reform activities.--
                                    (I) In general.--The term ``whole 
                                school reform activities'' means 
                                activities requiring the alignment of 
                                instructional resources and behavioral 
                                supports to specifically meet the 
                                academic, social, and behavioral needs 
                                of students, and implementation of 
                                organizational change to ensure 
                                academic success of at-risk students, 
                                as informed by the analysis of data 
                                available under the Early Warning 
                                System.
                                    (II) Activities.--Whole school 
                                reform activities may include--
                                            (aa) establishing 
                                        transition supports for 
                                        students moving from middle to 
                                        high school or from secondary 
                                        school to postsecondary school;
                                            (bb) increasing 
                                        availability of college 
                                        preparatory or career and 
                                        technical instruction through 
                                        Advanced Placement courses, 
                                        International Baccalaureate 
                                        courses, dual enrollment, early 
                                        college high school 
                                        opportunities, or high quality 
                                        career and technical programs 
                                        as described in section 3 of 
                                        the Carl D. Perkins Career and 
                                        Technical Education Act of 
                                        2006;
                                            (cc) extended learning 
                                        opportunities for students;
                                            (dd) implementation of 
                                        positive behavior support 
                                        systems or multitier systems of 
                                        support;
                                            (ee) quality professional 
                                        development to meet student 
                                        needs identified by the early 
                                        warning data; or
                                            (ff) strategic use of time, 
                                        including common lesson 
                                        planning time, flexible school 
                                        periods, or block scheduling.
                            (iii) Targeted student interventions.--
                        Targeted student interventions are 
                        interventions provided to small groups of 
                        students on an ongoing basis that are adjusted 
                        over time to meet student needs, such as--
                                    (I) small group, instruction, 
                                tutoring or counseling; or
                                    (II) changes to learning 
                                structures, such as teams of teachers 
                                who work exclusively with small groups 
                                of students.
                            (iv) Intensive individual student 
                        interventions.--Intensive individual student 
                        interventions are interventions matched to 
                        individual student needs, including one-on-one 
                        academic counseling and use of an individual 
                        graduation plan to define, support and meet a 
                        student's secondary and postsecondary education 
                        goals. Such interventions may include--
                                    (I) individual case management;
                                    (II) individual instruction; or
                                    (III) individual social and 
                                emotional supports, including mental 
                                health counseling.
            (9) Educational service agency.--The term ``educational 
        service agency'' has the meaning given such term in section 
        9101(17) of the Elementary and Secondary Education Act of 1965 
        (20 U.S.C. 7801(17)).
            (10) Eligible entity.--The term ``eligible entity'' means--
                    (A) a local educational agency that serves at least 
                one--
                            (i) eligible middle school; and
                            (ii) eligible high school;
                    (B) a consortium of local educational agencies 
                described in subparagraph (A) that are located in rural 
                areas; or
                    (C) a partnership between--
                            (i) a consortium described in subparagraph 
                        (B); and
                            (ii) an educational service agency.
            (11) Eligible high school.--The term ``eligible high 
        school'' means a public school that--
                    (A) provides education in at least 2 successive 
                grades between 7th grade and 12th grade, inclusive, as 
                determined by State law; and
                    (B) had a graduation rate of 65 percent or less 
                during each of the 2 academic years before the date of 
                the enactment of this Act.
            (12) Eligible middle school.--The term ``eligible middle 
        school'' means a public school that--
                    (A) provides education in at least 2 successive 
                grades between 5th grade and 8th grade, inclusive, as 
                determined by State law;
                    (B) is a feeder middle school for at least 1 
                eligible high school; and
                    (C) during each of the 2 academic years before the 
                date of the enactment of this Act--
                            (i) had more than 50 percent of the 
                        students who completed such school enroll in an 
                        eligible high school; and
                            (ii) was in a State's lowest quintile of 
                        performance based on proficiency rates on State 
                        assessments required under section 1111(b)(3) 
                        of the Elementary and Secondary Education Act 
                        of 1965 (20 U.S.C. 6311(b)(3)) or had not made 
                        adequate yearly progress (as defined section 
                        1111(b)(2)) of such Act (20 U.S.C. 
                        6311(b)(2)(C)).
            (13) Feeder middle school.--The term ``feeder middle 
        school'' means a middle school where students enrolled in a 
        high school in the same local educational agency as such middle 
        school were enrolled prior to completing such middle school.
            (14) Graduation rate.--The term ``graduation rate'' has the 
        meaning given such term in section 1111(b)(2)(C)(vi) of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        6311(b)(2)(C)(vi)), as clarified in section 200.19(b)(1) of 
        title 34, Code of Federal Regulations.
            (15) Highly qualified.--The term ``highly qualified'' has 
        the meaning given such term in section 9101(23) of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        7801(23)).
            (16) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given such 
        term in section 101 of the Higher Education Act of 1965 (20 
        U.S.C. 1001).
            (17) Late entrant english language learner.--The term 
        ``late entrant English language learner'' means a secondary 
        school student who--
                    (A) entered a school served by a local educational 
                agency at grade 7 or higher; and
                    (B) is identified by the agency as--
                            (i) being limited English proficient; and
                            (ii) having experienced interrupted formal 
                        education.
            (18) Local educational agency.--The term ``local 
        educational agency''--
                    (A) has the meaning given such term in section 
                9101(26) of the Elementary and Secondary Education Act 
                of 1965 (20 U.S.C. 7801(26));
                    (B) includes any charter school that is a local 
                educational agency, as determined by State law; and
                    (C) includes each Bureau-funded school.
            (19) Low-income student.--The term ``low-income student'' 
        means a student described in section 1113(a)(5) of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        6313(a)(5)).
            (20) Multitier system of support.--The term ``multitier 
        system of support'' means a comprehensive system of 
        differentiated supports that includes--
                    (A) evidence-based instruction;
                    (B) universal screening;
                    (C) progress monitoring;
                    (D) formative assessments;
                    (E) research-based interventions matched to student 
                needs; and
                    (F) educational decisionmaking using student 
                outcome data.
            (21) Participating middle school.--The term ``participating 
        middle school'' means an eligible middle school that is--
                    (A) under the jurisdiction of an eligible entity 
                awarded a grant under title I; and
                    (B) that are being served by such grant.
            (22) Participating high school.--The term ``participating 
        high school'' means an eligible high school that is--
                    (A) under the jurisdiction of an eligible entity 
                awarded a grant under title I; and
                    (B) that are being served by such grant.
            (23) Positive behavior supports.--The term ``positive 
        behavior supports'' means a systematic approach to embed 
        evidence-based practices and data-driven decisionmaking to 
        improve school climate and culture, including a range of 
        systemic and individualized strategies to reinforce desired 
        behaviors and diminish reoccurrence of problem behaviors, in 
        order to achieve improved academic and social outcomes and 
        increase learning for all students, including those with the 
        most complex and intensive behavioral needs.
            (24) Postsecondary persistence rate.--The term 
        ``postsecondary persistence rate'' means the rate at which 
        students who graduated from secondary school in the same 
        academic year enroll in an institution of higher education and 
        complete 1 academic year of credit at such institution, as 
        determined by such institution.
            (25) Secondary school reform organization.--The term 
        ``secondary school reform organization'' means a nonprofit 
        organization, such as a community-based organization, charter 
        management organization, educational service agency, education 
        management organization, or institution of higher education, 
        with--
                    (A) expertise in analyzing school performance data; 
                and
                    (B) a demonstrated record of success in improving 
                student achievement, graduation rates, college 
                enrollment, or restructuring low-performing middle 
                schools or high schools.
            (26) Secretary.--The term ``Secretary'' means the Secretary 
        of Education.
            (27) Specialized instructional support personnel.--The term 
        ``specialized instructional support personnel'' means school 
        counselors, school social workers, school psychologists, and 
        other qualified professional personnel involved in providing 
        assessment, diagnosis, counseling, educational, therapeutic, 
        and other services (including related services as that term is 
        defined in section 602 of the Individuals with Disabilities 
        Education Act) as part of a comprehensive program to meet 
        student needs.
            (28) Specialized instructional support services.--The term 
        ``specialized instructional support services'' means the 
        services provided by specialized instructional support 
        personnel.
            (29) State.--The term ``State'' has the meaning given such 
        term in section 9101 of the Elementary and Secondary Education 
        Act of 1965 (20 U.S.C. 7801).
            (30) State educational agency.--The term ``State 
        educational agency'' has the meaning given such term in section 
        9101(41) Elementary and Secondary Education Act of 1965 (20 
        U.S.C. 7801(41)).
            (31) Subject matter expertise.--The term ``subject matter 
        expertise'' means demonstrating competence in each of the 
        academic subjects in which a teacher provides instruction as 
        the teacher of record, whether or not the teacher is new to the 
        profession, by meeting the requirements described in subclause 
        (I) or (II) of section 9101(23)(B)(ii) of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 7801(23)(B)(ii)(I); 
        (23)(B)(ii)(II)).
            (32) Underccredited student.--The term ``undercredited 
        student'' means a secondary school student who lacks either the 
        necessary credits or courses, as determined by the applicable 
        local educational agency and State agency, to graduate from 
        secondary school with a regular diploma in the standard number 
        of years.
                                 <all>
```