I 

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. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Graduation for All 

5 Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 


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1 (1) A high school diploma and postsecondary 

2 training are increasingly important for success in 

3 the 21st century economy. In fact, nearly 90 percent 

4 of the fastest-growing, highest-paying jobs require 

5 education beyond high school. 

6 (2) About 1,200,000 high school students, 

7 which is approximately one-third of all high school 

8 students, do not to graduate every year. According 

9 to the Department of Education, the 2009 United 

10 States high school graduation rate was the lowest 

11 the rate since 2002. 

12 (3) Dropouts earn less and require greater pub13 lic assistance than high school completers. Compared 

14 to the 11 percent of high school graduates, 25 per15 cent of dropouts were unemployed for a year or 

16 more between 1997 and 2001. Dropouts create an 

17 annual estimated cost of $24,000,000,000 to the 

18 public. 

19 (4) Only 16 percent of the Nation’s 50 largest 

20 school districts have a graduation rate that is equal 

21 to or greater than the national average. Additionally, 

22 the Nation’s 50 largest cities graduate about 59 per23 cent of students on time, compared to 77 percent of 

24 students in nearby suburban communities. 


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1 (5) The national graduation rate is 70 percent. 

2 The graduation rates for minority groups are far 

3 lower than that of their peers. Only 55 percent of 

4 Black students, 58 percent of Latino students, and 

5 51 percent of Native American students graduate, 

6 while their nonminority peers graduate at a rate of 

7 76 percent. And, only 56 percent of all students with 

8 disabilities earn diplomas. Additionally, 35 percent 

9 of Black students and 29 percent of Latino stu10 dents, compared to only 11 percent of White stu11 dents, attend high schools in which graduation is not 

12 the norm. 

13 (6) There is a gender gap in national gradua14 tion rates, with 72 percent of female students grad15 uating compared to 65 percent of males. This gap 

16 is especially large among minority groups. Only 48 

17 percent of African-American male students graduate, 

18 whereas 59 percent of African-American female stu19 dents graduate. Among Latino students, 58 percent 

20 of female students graduate compared to 49 percent 

21 of male students. 

22 (7) Approximately half of the Nation’s students 

23 who drop out of high school were previously enrolled 

24 in a ‘‘dropout factory’’—a school where 40 percent 

25 or more of the students in the freshman class have 


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1 dropped out by the time the students reach their 

2 senior year. These schools are located in nearly every 

3 State and disproportionately serve minority and poor 

4 students. 

5 (8) Investing in the expansion of dual enroll6 ment and early college programs can help individuals 

7 earn credit toward postsecondary education while si8 multaneously earning high school credit. These pro9 grams increase high school graduation rates and the 

10 percentage of students who complete a recognized 

11 postsecondary credential by the age of 26, including 

12 low-income students and students from other popu13 lations underrepresented in higher education. 

14 (9) Lack of basic skills at the end of the middle 

15 school grades has serious implications for students. 

16 Students who enter high school 2 or more years be17 hind grade level in mathematics and literacy have 

18 only a 50 percent chance of progressing on time to 

19 the tenth grade. Those students who do not progress 

20 on time to the tenth grade are at significant risk of 

21 dropping out of high school. 

(10) High school dropouts are 31 22 ⁄2 times more 

23 likely than high school graduates to be arrested and 

24 8 times more likely to be incarcerated. Nearly 70 

25 percent of inmates in our Nation’s prisons did not 


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1 earn a high school diploma. Moreover, rasing the 

2 high school completion rate one percent for men be3 tween ages 20 and 60 would save the United States 

4 $1,400,000,000 annually in crime-related costs. 

5 SEC. 3. PURPOSES. 

6 The purposes of this Act are— 

7 (1) to address the dropout crisis by supporting 

8 local educational agencies in improving the achieve9 ment, increasing the graduation rates, increasing the 

10 college enrollment and postsecondary persistence 

11 rates, and improving preparation for citizenry, of 

12 students attending the Nation’s lowest-performing 

13 high schools and their feeder middle schools; 

14 (2) to support comprehensive data-based school 

15 reforms and the creation of new schools, including 

16 charter schools and other innovative school models, 

17 such as magnet schools, to prepare students for suc18 cess in postsecondary education and 21st century ca19 reers; 

20 (3) to provide targeted, intensive support and 

21 effective interventions to reform schools with high 

22 dropout and low graduation rates through dropout 

23 prevention, college readiness, and credit recovery 

24 programs; and 


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1 (4) to conduct an extensive evaluation of reform 

2 efforts and disseminate the results of such efforts in 

3 order to ensure the success of future middle school 

4 and high school reform efforts. 

5 TITLE I—IMPROVING STUDENT 

6 ACADEMIC ACHIEVEMENT, 

7 GRADUATION RATES, AND 

8 POSTSECONDARY READINESS 

9 IN HIGH SCHOOLS AND MID10 DLE SCHOOLS 

11 SEC. 101. RESERVATION OF FUNDS; FUNDING REQUIRE12 MENT. 

13 (a) RESERVATION OF FUNDS.—Of the amounts ap14 propriated under section 106 to carry out this title for 

15 a fiscal year, the Secretary shall reserve not more than 

16 2 percent, not to exceed $10,000,000, for carrying out sec17 tion 105(b). 

18 (b) FUNDING REQUIREMENT.—In order to ensure a 

19 diversity of Models for Success described in section section 

20 103(b)(1)(B), and to provide sufficient examples for the 

21 carried out evaluation under section 105(b), the Secretary 

22 shall ensure that during each 3-year grant cycle, by the 

23 end of each 3rd fiscal year for which funds have been ap24 propriated to carry out this title— 


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1 (1) not less than 15 percent of the total number 

2 of eligible entities receiving grant funds under this 

3 title use such funds to carry out the transformation 

4 model described in section 103(b)(1)(B)(i) in at 

5 least one eligible middle school or eligible high 

6 school; 

7 (2) not less than 15 percent of the total number 

8 of eligible entities receiving grant funds under this 

9 title use such funds to carry out the turnaround 

10 model described in section 103(b)(1)(B)(ii) in at 

11 least one eligible middle school or eligible high 

12 school; 

13 (3) not less than 15 percent of the total number 

14 of eligible entities receiving grant funds under this 

15 title use such funds to carry out the restart model 

16 described in section 103(b)(1)(B)(iii) in at least one 

17 eligible middle school or eligible high school; and 

18 (4) not less than 15 percent of the total number 

19 of eligible entities receiving grant funds under this 

20 title use such funds to carry out the close-down 

21 model described in section 103(b)(1)(B)(iv) in at 

22 least one eligible middle school or eligible high 

23 school. 


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1 SEC. 102. GRANTS AUTHORIZED. 

2 (a) GRANTS AUTHORIZED.—From the amount re3 maining after making the reservation described in section 

4 101(a), the Secretary shall award grants, on a competitive 

5 basis, to eligible entities to improve student academic 

6 achievement, graduation rates, and postsecondary readi7 ness in participating middle schools and participating high 

8 schools in such eligible entities by carrying out the activi9 ties described in section 103. 

10 (b) GRANT PERIOD.—A grant under this title— 

11 (1) shall be awarded to an eligible entity for a 

12 3-year period; and 

13 (2) subject to subsection (e)(2), may be renew14 able for an additional 3-year period if the Secretary 

15 determines that the eligible entity has, by the end of 

16 the first 3-year grant period, effectively improved 

17 student achievement, graduation rates, and postsec18 ondary school readiness in participating middle 

19 schools and participating high schools by, at a min20 imum— 

21 (A) dramatically increasing the graduation 

22 rate in participating high schools in the aggre23 gate and disaggregated for subgroups in the 

24 same manner as described in section 

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

2 6311(6)(2)(C)(II)); 

3 (B) dramatically increasing the percentage 

4 of students who attend at least 90 percent of 

5 the schools days in a school year in partici6 pating high schools or participating middle 

7 schools; 

8 (C) dramatically increasing the percentage 

9 of students passing math and English courses 

10 in participating middle schools; 

11 (D) dramatically increasing the percentage 

12 of students passing all courses required for 

13 graduation from secondary school; and 

14 (E) meeting the graduation goals estab15 lished in section 104(a)(5). 

16 (c) FEDERAL SHARE, NON-FEDERAL SHARE.— 

17 (1) FEDERAL SHARE.—The Federal share of a 

18 grant under this title shall be not more than 75 per19 cent of the costs of the activities assisted under the 

20 grant. 

21 (2) NON-FEDERAL SHARE.— 

22 (A) IN GENERAL.—The non-Federal share 

23 of a grant under this title shall be not less than 

24 25 percent of the costs of the activities assisted 

25 under the grant. 


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1 (B) IN-KIND CONTRIBUTIONS.—An eligible 

2 entity may use in-kind contributions to meet 

3 the non-Federal share requirement described in 

4 subparagraph (A). 

5 (3) WAIVER.—The Secretary may reduce the 

6 amount of the non-Federal share of an eligible entity 

7 if the eligible entity demonstrates to the Secretary 

8 that such funds are unavailable due to economic 

9 hardship, as defined by the Secretary. 

10 (d) SUPPLEMENT, NO SUPPLANT.—An eligible entity 

11 that receives a grant under this title shall use the grant 

12 funds to supplement, and not supplant, other Federal and 

13 non-Federal funds available to eligible middle schools and 

14 eligible high schools. 

15 (e) MAINTENANCE OF EFFORT.— 

16 (1) IN GENERAL.—A local educational agency 

17 may receive funds under this title for any fiscal year 

18 only if the State educational agency finds that either 

19 the combined fiscal effort per student or the aggre20 gate expenditures of that agency and the State with 

21 respect to the provision of free public education by 

22 that agency for the preceding fiscal year was not 

23 less than 90 percent of such combined fiscal effort 

24 or aggregate expenditures for the second preceding 

25 fiscal year. 


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1 (2) RENEWAL.—In the case of a grant that is 

2 renewed in accordance with subsection (b)(2), the 

3 Secretary shall make a grant payment for each year 

4 of the renewal only if a State demonstrates, to the 

5 satisfaction of the Secretary, that the State has the 

6 met the maintenance of effort requirement described 

7 in paragraph (1). 

8 (3) FINANCIAL HARDSHIP WAIVER.—A State or 

9 eligible entity may apply to the Secretary for a waiv10 er of, and the Secretary may waive, the require11 ments of this subsection if the State is experiencing 

12 a financial hardship. 

13 SEC. 103. USES OF FUNDS. 

14 (a) IN GENERAL.—An eligible entity receiving a 

15 grant under this title shall use the funds made available 

16 under the grant to improve the academic achievement, 

17 graduation rates, postsecondary readiness, and postsec18 ondary enrollment of students enrolled in each partici19 pating middle school and participating high school in the 

20 eligible entity by carrying out the activities described in 

21 subsection (b). 

22 (b) ACTIVITIES.—An eligible entity shall carry out 

23 the following activities: 


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1 (1) Implementing, for each participating middle 

2 school and participating high school in the eligible 

3 entity— 

4 (A) an Early Warning System (as defined 

5 in section 401(8)); and 

6 (B) a Model for Success that uses evi7 dence-based strategies and materials to provide 

8 rigorous and relevant curricula and instruction 

9 to personalize the secondary school experience 

10 and improve school climate, which is selected by 

11 the eligible entity for each such school from 

12 among the following models: 

13 (i) TRANSFORMATION MODEL.—A 

14 ‘‘transformation model’’ means a model 

15 that includes— 

16 (I) evidence based strategies and 

17 materials to provide rigorous relevant 

18 curricula and instruction; and 

19 (II) increasing teacher and school 

20 leader effectiveness by implementing 

21 on-site professional development ac22 tivities, such as mentoring and induc23 tion programs for new teachers and 

24 career-ladder opportunities for all 


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1 teachers, that respond to student and 

2 schoolwide needs. 

3 (ii) TURNAROUND MODEL.—A ‘‘turn4 around model’’ means a model that in5 cludes— 

6 (I) evidence based strategies and 

7 materials to provide rigorous relevant 

8 curricula and instruction; 

9 (II) replacing the principal, in 

10 cases in which student achievement 

11 has declined during the history of the 

12 principal’s tenure, with a new prin13 cipal; and 

14 (III) reassigning or replacing 

15 each of the teachers who are assigned 

16 to teach subjects for which they do 

17 not have subject-matter expertise, or 

18 are not highly-qualified, with teachers 

19 who have subject-matter expertise in 

20 each subject that they teach and are 

21 highly-qualified. 

22 (iii) RESTART MODEL.—A ‘‘restart 

23 model’’ means a model under which the eli24 gible entity closes a school and reopens it 

25 under a school management organization 


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1 or charter management organization that 

2 will— 

3 (I) provide new leadership, new 

4 staff, new instructional programs; and 

5 (II) allow all students who were 

6 enrolled in the school prior to its clo7 sure to enroll in the school when it re8 opens. 

9 (iv) CLOSE-DOWN MODEL.—A ‘‘close10 down model’’ means a model— 

11 (I) under which a school is closed 

12 and students are re-enrolled in other, 

13 higher-achieving schools (which may 

14 include new schools or charter 

15 schools) under the jurisdiction of the 

16 eligible entity; and 

17 (II) that allows school employees 

18 who were employed at the school that 

19 has been closed to re-apply for posi20 tions in the new schools. 

21 (2) Monitoring and supporting each Graduation 

22 Improvement Team serving a participating middle 

23 school or participating high school in the eligible en24 tity in carrying out the activities described in section 

25 104(a)(3)(A). 


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1 (3) Providing school leadership teams, including 

2 the principal at each participating middle school and 

3 participating high school, with more operating flexi4 bility with respect to staffing, evaluation, leadership 

5 structure, program, budget, scheduling, and use of 

6 school-time decisions. 

7 (4) Providing academically rigorous education 

8 options that lead to a diploma consistent with readi9 ness for postsecondary education based on an anal10 ysis of the data available under the Early Warning 

11 Data System, and are designed to meet the stu12 dents’ needs, such as effective research-based drop13 out prevention, credit and dropout recovery, and re14 cuperation education programs for students who are 

15 not making sufficient program towards graduation 

16 or who have dropped out. 

17 (5) Providing information and assistance about 

18 requirements for high school graduation, college ad19 mission, college financial assistance programs, and 

20 college and career success for all students enrolled in 

21 each such school, including— 

22 (A) assistance in completing the FAFSA 

23 (as referred to in section 483 of the Higher 

24 Education Act (20 U.S.C. 1090)); 


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1 (B) information about Federal student aid 

2 programs for which students may be eligible, in3 cluding Federal student loans, Federal Pell 

4 grants, and Federal work study programs avail5 able pursuant to title IV of the Higher Edu6 cation Act of 1965 (20 U.S.C. 1070 et seq.); 

7 and 

8 (C) promotion of existing guidance re9 sources with respect to such Federal student 

10 aid programs available to students and families. 

11 (6) Engaging parents and community partners 

12 around school improvement activities carried out 

13 under this section and providing parents with the 

14 tools to navigate, support, and influence their chil15 dren’s academic career and choices. 

16 (7) Assisting participating middle schools and 

17 participating high schools with costs associated with 

18 the implementation of the programs described in 

19 paragraph (4), including transportation costs and, in 

20 the case of a school in which the eligible entity has 

21 carried out a close-down model, other costs associ22 ated with providing extra supports to students who 

23 are re-enrolled in higher-achieving schools in the eli24 gible entity pursuant to such model. 


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1 (c) RULE OF CONSTRUCTION.—Nothing in this sec2 tion shall be construed to alter or otherwise affect the 

3 rights, remedies, and procedures afforded school or dis4 trict employees under Federal, State, or local laws (includ5 ing applicable regulations or court orders) or under the 

6 terms of collective bargaining agreements, memoranda of 

7 understanding or other agreements between such employ8 ees and their employers. 

9 SEC. 104. APPLICATION; APPLICATION REVIEW AND AWARD 

10 BASIS. 

11 (a) APPLICATION.—An eligible entity desiring a grant 

12 under this title shall submit an application to the Sec13 retary at such time, in such manner, and containing such 

14 information as the Secretary may require. The application 

15 shall, at a minimum, include the following information: 

16 (1) IDENTIFICATION OF SCHOOLS.—An identi17 fication— 

18 (A) of the eligible high schools and the eli19 gible middle schools under the jurisdiction of 

20 the eligible entity; and 

21 (B) of the high schools and feeder middle 

22 schools of such high schools identified pursuant 

23 to subparagraph (A) that will be served by the 

24 grant awarded to the eligible entity. 

25 (2) NEEDS ANALYSIS.— 


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1 (A) IN GENERAL.—An assurance that the 

2 eligible entity will conduct a needs analysis de3 scribed in subparagraph (B) for each partici4 pating middle school and participating high 

5 school to assist the entity in determining which 

6 Model of Success described in section 

7 103(b)(1)(B) to carry out in each such school. 

8 (B) DESCRIPTION.—A needs analysis de9 scribed in this subparagraph shall include— 

10 (i) an analysis of the needs of the stu11 dent population in a school, including— 

12 (I) a determination of the num13 ber of students that are not meeting 

14 the State’s proficient level of academic 

15 achievement on the State assessments 

16 under section 1111(b)(3) of the Ele17 mentary and Secondary Education 

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

19 and an identification of the academic 

20 subjects and grade levels in which the 

21 students are failing to meet such level 

22 of academic achievement; and 

23 (II) the specific needs of students 

24 facing significant barriers to high 

25 school graduation, such as students 


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1 with limited English proficiency, stu2 dents with disabilities, students who 

3 are homeless children and youths, stu4 dents who are foster care or are aging 

5 out of the foster care system, or other 

6 disconnected students; 

7 (ii) an analysis of the number, experi8 ence, training level, responsibilities, and re9 tention rates of existing administrative, in10 structional, and noninstructional staff for 

11 a school; 

12 (iii) in determining which Model of 

13 Success may be the most practical to carry 

14 out in a school— 

15 (I) a review of the school’s budg16 et, including how Federal, State, and 

17 local funds are being spent, as of the 

18 time of the analysis, for instruction 

19 and operations at the school level for 

20 staff salaries, instructional materials, 

21 professional development, and student 

22 support services, in order to establish 

23 the extent to which existing resources 

24 need to, and can be reallocated, or 


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1 better coordinated, with activities to 

2 improve the school; 

3 (II) a review of the additional re4 sources and staff necessary to imple5 ment, at the school, the activities 

6 identified under a Model for Success; 

7 and 

8 (III) an analysis of the capacity 

9 of the eligible entity to provide tech10 nical assistance, additional staff, and 

11 resources to implement activities iden12 tified under a Model for Success; and 

13 (iv) a comparison of the ratio of high14 ly-qualified teachers with subject matter 

15 expertise in the subjects they teach in eligi16 ble middle schools and eligible high schools 

17 served by the eligible entity, compared to 

18 the highest-achieving schools served by the 

19 eligible entity. 

20 (3) SELECTION OF MODELS OF SUCCESS.—A 

21 selection of a Model of Success described in section 

22 103(b)(1)(B) for each participating middle school 

23 and participating high school that is made after con24 ducting a needs analysis described in paragraph (2). 

25 (4) GRADUATION IMPROVEMENT TEAM.— 


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1 (A) IN GENERAL.—An assurance that the 

2 eligible entity will establish, for each partici3 pating middle school and participating high 

4 school in which the entity will carry out a 

5 Model of Success described in clause (i), (ii), or 

6 (iii) of section 103(b), a Graduation Improve7 ment Team described in subparagraph (B) that, 

8 with respect to each such school— 

9 (i) assists the eligible entity in— 

10 (I) implementing such Models; 

11 and 

12 (II) maintaining the Early Warn13 ing System (as defined in section 

14 401(8)) and identifying and imple15 menting the necessary evidenced16 based interventions under the inter17 vention component of such system; 

18 and 

19 (ii) provides consultation to the eligi20 ble entity in carrying out the activities de21 scribed in section 103. 

22 (B) MEMBERS.—A Graduation Improve23 ment Team— 

24 (i) shall include— 


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1 (I) a principal or school leader 

2 from the participating middle school 

3 or participating high school; 

4 (II) at least 2 teachers rep5 resenting different grade levels or dis6 ciplines from the participating middle 

7 school or participating high school; 

8 (III) specialized instructional 

9 services personnel; 

10 (IV) staff of the eligible entity; 

11 and 

12 (V) a representative from a tech13 nical assistance provider or a non14 profit organization with demonstrated 

15 expertise in analyzing performance 

16 data and a demonstrated record of 

17 success— 

18 (aa) in improving student 

19 achievement or graduation or col20 lege enrollment rates; 

21 (bb) restructuring low-per22 forming middle schools or high 

23 schools; and 

24 (cc) in carrying out activities 

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1 dent population (including needs 

2 related to linguistic and cultural 

3 diversity, varied learning styles, 

4 and youth facing significant ob5 stacles to graduation) in the par6 ticipating middle school or par7 ticipating high school; 

8 (VI) a representative from a 

9 school management organization, 

10 which may include charter manage11 ment organizations; 

12 (VII) a representative from a 

13 teacher organization; and 

14 (VIII) one individual from among 

15 each of the following community rep16 resentatives— 

17 (aa) parents, including par18 ents of students at-risk of drop19 ping out of the participating 

20 school; and 

21 (bb) nonprofit organizations 

22 serving young people (such as 

23 those that provide behavioral or 

24 mental health services, job train25 ing and apprenticeship programs, 


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1 job placement and retention 

2 training, education and after 

3 school programs, mentoring pro4 grams, conflict resolution, sports, 

5 arts, life skills, or supports for 

6 youth who have dropped out of 

7 school, are at risk of dropping 

8 out, or demonstrate chronic tru9 ancy); and 

10 (ii) may include representatives 

11 from— 

12 (I) the State educational agency 

13 serving the eligible entity; 

14 (II) philanthropic organizations; 

15 (III) the business community; 

16 (IV) an institution of higher edu17 cation; and 

18 (V) a county, city, or other local 

19 unit of government. 

20 (5) EARLY WARNING SYSTEM.—Provide an as21 surance that the eligible entity will, for each partici22 pating middle school and participating high school, 

23 establish and, in consultation with each Graduation 

24 Improvement Team at each such school, if applica25 ble, maintain an Early Warning System (as defined 


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1 in section 401(8)) and identify and implement nec2 essary evidenced-based interventions under the inter3 vention component of such system. 

4 (6) ENSURING EQUITY IN TEACHER DISTRIBU5 TION.— 

6 (A) INTEGRATION WITH STATE TEACHER

7 EQUITY PLAN.—Demonstrate how each partici8 pating middle school and participating high 

9 school in the eligible entity and the implementa10 tion of the Model of Success selected for each 

11 such school will meet the requirements of the 

12 State Plan of the State in which the eligible en13 tity is located described in section 

14 1111(b)(8)(C) of the Elementary and Sec15 ondary Education Act of 1965 (20 U.S.C. 

16 6311(b)(8)(C)) to ensure that low-income and 

17 minority children are not taught at higher rates 

18 than other children by out-of-field, inexperi19 enced, or unqualified teachers. 

20 (B) INTEGRATION WITH AMERICAN RECOV21 ERY AND REINVESTMENT ACT TEACHER EQUITY

22 ASSURANCE.—Demonstrate how each partici23 pating middle school and participating high 

24 school in the eligible entity and the implementa25 tion of the Model of Success selected for each 


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1 such school will meet the requirements of the 

2 State assurance provided by the State in which 

3 the eligible entity is located pursuant to section 

4 14005(d)(2) of the American Recovery and Re5 investment Act of 2009 (Public Law 111–5) 

6 to— 

7 (i) take actions to improve teacher ef8 fectiveness; 

9 (ii) address inequities in the distribu10 tion of highly qualified teachers between 

11 high- and low-poverty schools; and 

12 (iii) ensure that low-income and mi13 nority children are not taught at higher 

14 rates than other children by inexperienced, 

15 unqualified, or out-of-field teachers. 

16 (C) TEACHER EQUITY FOR STUDENTS

17 WITH DISABILITIES.—Demonstrate how each 

18 participating middle school and participating 

19 high school and the implementation of the 

20 Model of Success selected for each such school 

21 will ensure that students with disabilities are 

22 not taught at higher rates than other children 

23 by inexperienced, unqualified, or out-of-field 

24 teachers. 


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1 (7) SUSTAINABLE RESOURCES AND SUPPORT.— 

2 Demonstrate that the eligible entity has the re3 sources and support to sustain and further improve 

4 student achievement and graduation rates following 

5 the completion of the 3-year grant period. 

6 (8) GRADUATION RATE GOALS.—Provide ambi7 tious goals, as defined by the Secretary, for gradua8 tion rate improvement for the students in the sub9 groups described in section 1111(b)(2)(C)(II) of the 

10 Elementary and Secondary Education Act of 1965 

11 (20 U.S.C. 6311(6)(2)(C)(II)) at each participating 

12 high school. 

13 (b) APPLICATION REVIEW AND RENEWAL.—The Sec14 retary shall— 

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

16 the review of the grant applications and approval of 

17 the grants under this title; 

18 (2) appoint to the peer review team— 

19 (A) individuals who are educators or ex20 perts in— 

21 (i) innovative education models; 

22 (ii) secondary school reform; 

23 (iii) school accountability; 

24 (iv) postsecondary education prepara25 tion and access; and 


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1 (v) workforce preparation; and 

2 (B) not less than 1 parent or community 

3 representative; and 

4 (3) ensure that each grant award is of suffi5 cient size and scope to carry out the activities pro6 posed in the grant application, including the evalua7 tion required under section 105(c). 

8 (c) AWARD BASIS.—In awarding grants under this 

9 title the Secretary shall ensure a diversity of grant awards 

10 to eligible entities in both urban and rural areas and 

11 prioritize applications from— 

12 (1) eligible entities serving eligible high schools 

13 with the lowest graduation rates in the State in 

14 which the eligible entity is located; 

15 (2) eligible entities serving eligible middle 

16 schools and eligible high schools and with the high17 est poverty rates in the State in which the eligible 

18 entity is located; 

19 (3) eligible entities that demonstrate support 

20 for grants awarded under this title from— 

21 (A) key stake holders (including the local 

22 teachers’ union); 

23 (B) the charter school authorizers of the 

24 State in which the eligible entity is located; and 


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1 (C) other State and local leaders (which 

2 may include leaders of civil rights, business, 

3 and education associations); 

4 (4) eligible entities that partner with an exter5 nal assistance organization with a demonstrated 

6 record of success with respect to the needs of the 

7 student population; and 

8 (5) eligible entities serving geographic areas, in9 cluding rural and urban areas, with significant eco10 nomic distress, as defined by the Secretary. 

11 SEC. 105. EVALUATION AND REPORTING. 

12 (a) REPORTING.—Each eligible entity receiving a 

13 grant under this title shall collect and report annually to 

14 the Secretary such information on the results of the activi15 ties assisted under the grant as the Secretary may reason16 ably require, including information (disaggregated in the 

17 same manner as described in section 1111(h)(1)(C)(i) of 

18 the Elementary and Secondary Education Act of 1965 (20 

19 U.S.C. 6311(h)(1)(C)(i), and cross-tabulated by race, eth20 nicity, and gender)) on— 

21 (1) the number and percentage of students 

22 served, by grade level; 

23 (2) with respect to each participating middle 

24 school and participating high school in the eligible 

25 entity— 


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1 (A) academic achievement data, including 

2 the percentage of students scoring advanced 

3 proficient, basic, and below basic on the State 

4 assessments described in section 1111(b)(3) of 

5 the Elementary and Secondary Education Act 

6 of 1965 (20 U.S.C. 6311(b)(3)); 

7 (B) high school graduation rate data; 

8 (C) the percentage of students— 

9 (i) enrolled in Advanced Placement 

10 courses; and 

11 (ii) who passed Advanced Placement 

12 exams; 

13 (D) college enrollment rate data; 

14 (E) postsecondary persistence rate data; 

15 and 

16 (F) the percentage of core courses taught 

17 by teachers with subject matter expertise in 

18 such courses. 

19 (b) EVALUATION; BEST PRACTICES.— 

20 (1) IN GENERAL.—From amounts reserved 

21 under section 101(a), the Secretary shall enter into 

22 a contract with an outside evaluator to carry out the 

23 following: 

24 (A) EVALUATION.— 


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1 (i) IN GENERAL.—Conducting a com2 prehensive evaluation at the end of the 3rd 

3 fiscal year that funds are appropriated to 

4 carry out this title on the effectiveness of 

5 all grants awarded to eligible entities 

6 under this title, including a comparison of 

7 the data on student achievement described 

8 in clause (ii) among participating middle 

9 schools and participating high schools in 

10 which the eligible entities carried out a 

11 Model of Success described in— 

12 (I) section 103(b)(1)(B)(i); 

13 (II) section 103(b)(1)(B)(ii); 

14 (III) section 103(b)(1)(B)(iii); 

15 and 

16 (IV) section 103(b)(1)(B)(iv). 

17 (ii) DATA.—The data on student 

18 achievement described in this clause shall 

19 include— 

20 (I) student academic achievement 

21 data; 

22 (II) high school graduation rate 

23 data; 

24 (III) college enrollment rate data; 

25 and 


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1 (IV) postsecondary persistence 

2 rate data. 

3 (B) BEST PRACTICES.—Disseminating best 

4 practices in improving the achievement of mid5 dle school and high school students. 

6 (C) TECHNICAL ASSISTANCE.—Providing 

7 technical assistance to eligible entities that re8 ceive a grant under this title. 

9 (2) PEER REVIEW.— 

10 (A) IN GENERAL.—An evaluator receiving 

11 a contract under this subsection shall— 

12 (i) establish a peer-review process to 

13 assist in the review and approval of the 

14 evaluations conducted under this sub15 section; and 

16 (ii) appoint individuals to the peer-re17 view process who are— 

18 (I) educators and experts in— 

19 (aa) research and evalua20 tion; and 

21 (bb) the areas of expertise 

22 described in section section 

23 104(b)(2)(A); and 

24 (II) independent of the eligible 

25 entities that receive grants under this 


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1 title and the Graduation Improvement 

2 Teams served by such grants. 

3 (B) RESTRICTIONS ON USE.—The Sec4 retary shall not distribute or use the results of 

5 any evaluation described in paragraph (1)(A) 

6 until the results are peer-reviewed in accord7 ance with subparagraph (A). 

8 SEC. 106. AUTHORIZATION OF APPROPRIATIONS. 

9 There are authorized to be appropriated to carry out 

10 this title, $2,000,000,000 for fiscal year 2011, and such 

11 sums as may be necessary for each of the 5 succeeding 

12 fiscal years. 

13 TITLE II—FAST TRACK TO COL14 LEGE DEMONSTRATION PRO15 GRAM 

16 SEC. 201. SHORT TITLE. 

17 This title may be cited as the ‘‘Fast Track to College 

18 Act of 2009’’. 

19 SEC. 202. PURPOSE. 

20 The purpose of this title is to increase high school 

21 graduation rates and the percentage of students, including 

22 low-income students and students from populations under23 represented in higher education, who complete a recog24 nized postsecondary credential by the age of 26. 


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1 SEC. 203. ELIGIBLE ENTITY. 

2 In this title, the term ‘‘eligible entity’’ means a local 

3 educational agency— 

4 (1) that is— 

5 (A) eligible for funding under section 1125 

6 of the Elementary and Secondary Education 

7 Act of 1965; or 

8 (B) a Bureau-funded school; and 

9 (2) that partners with an institution of higher 

10 education to establish, or support an existing, early 

11 college high school or dual enrollment program. 

12 SEC. 204. AUTHORIZATION OF APPROPRIATIONS; RESERVA13 TIONS. 

14 (a) AUTHORIZATION OF APPROPRIATIONS.—To carry 

15 out this title, there are authorized to be appropriated 

16 $150,000,000 for fiscal year 2011 and such sums as may 

17 be necessary for each of the 5 succeeding fiscal years. 

18 (b) RESERVATIONS.—Of the amount appropriated 

19 under subsection (a) for a fiscal year, the Secretary shall 

20 reserve— 

21 (1) at least 40 percent to award grants to eligi22 ble entities that establish a new, or support an exist23 ing, early college high school in accordance with sec24 tion 206; 

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1 ing, dual enrollment program in accordance with 

2 section 206; and 

3 (3) not more than 5 percent for the purpose of 

4 conducting the national evaluation and providing 

5 technical assistance activities to grant recipients 

6 under sections 209(d) and 209(e). 

7 SEC. 205. AUTHORIZED PROGRAM. 

8 (a) IN GENERAL.—From the amount appropriated 

9 under section 204(a), the Secretary is authorized to award 

10 6-year grants to eligible entities seeking to establish a new, 

11 or support an existing, early college high school or dual 

12 enrollment program in accordance with section 206. 

13 (b) GRANT AMOUNT.— 

14 (1) IN GENERAL.—Subject to paragraph (1), 

15 the Secretary shall ensure that grants are of suffi16 cient size to enable grantees to— 

17 (A) carry out all required activities de18 scribed in section 106(a); and 

19 (B) otherwise meet the purpose of this 

20 title. 

21 (2) LIMITATION.—The amount of a grant 

22 awarded under this title shall not exceed 

23 $2,000,000. 

24 (c) MATCHING REQUIREMENT.— 


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

2 grant under this title, an eligible entity shall con3 tribute non-Federal matching funds toward the costs 

4 of the early college high school or dual enrollment 

5 program to be supported under the grant in an 

6 amount equal to not less than the applicable percent 

7 of the amount of the grant. 

8 (2) APPLICABLE PERCENTAGE.—For purposes 

9 of paragraph (1), the applicable percentage means— 

10 (A) 20 percent in the first fiscal year of 

11 the grant; 

12 (B) 20 percent in the second fiscal year of 

13 the grant; 

14 (C) 30 percent in the third fiscal year of 

15 the grant; 

16 (D) 30 percent in the fourth fiscal year of 

17 the grant; 

18 (E) 40 percent in the fifth fiscal year of 

19 the grant; and 

20 (F) 50 percent in the sixth fiscal year of 

21 the grant. 

22 (3) DETERMINATION OF AMOUNT CONTRIB23 UTED.—The non-Federal share may be in cash or in 

24 kind. 


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1 (4) WAIVER.—The Secretary may waive or re2 duce the amount of the non-Federal share of an eli3 gible entity if the eligible entity demonstrates ex4 treme economic distress, as determined by the Sec5 retary. 

6 (d) SUPPLEMENT, NOT SUPPLANT.—An eligible enti7 ty shall use a grant received under this title only to supple8 ment, and not supplant, non-Federal funds that would, in 

9 the absence of such grant, be made available to support 

10 the activities described in the eligible entity’s application 

11 under section 207. 

12 (e) PRIORITY.—In awarding grants under this sec13 tion, the Secretary shall give priority to applicants— 

14 (1) receiving a grant under title I of this Act; 

15 and 

16 (2) whose applications demonstrate that they 

17 will use the grant funds received under this title to 

18 serve geographic areas with severe economic distress, 

19 as determined by the Secretary. 

20 SEC. 206. USES OF FUNDS. 

21 (a) REQUIRED ACTIVITIES.—An eligible entity shall 

22 use grant funds received under this title to support the 

23 activities described in its application under section 207, 

24 which shall include the following: 


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1 (1) PLANNING YEAR.—In the case of an eligible 

2 entity establishing a new early college high school or 

3 dual enrollment program, during the first year of 

4 the grant, the eligible entity shall use the grant 

5 funds to— 

6 (A) hire a principal and staff, as appro7 priate; 

8 (B) design the curriculum and sequence of 

9 courses in collaboration with (at a minimum) 

10 teachers from the local educational agency and 

11 faculty from the partner institution of higher 

12 education; 

13 (C) inform parents and the community 

14 about the school or program and opportunities 

15 to become actively involved in the school or pro16 gram; 

17 (D) establishing a course articulation proc18 ess for defining and approving courses for high 

19 school and college credit; 

20 (E) outreach programs to ensure that mid21 dle school and high school students and their 

22 families are aware of the early college high 

23 school or dual enrollment program; 

24 (F) liaison activities among partners in the 

25 eligible entity; and 


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1 (G) coordinating secondary and postsec2 ondary support services, academic calendars, 

3 and transportation. 

4 (2) IMPLEMENTATION PERIOD.—During the re5 mainder of the grant period, the eligible entity shall 

6 use grant funds for— 

7 (A) academic and social support services, 

8 including counseling; 

9 (B) liaison activities among partners in the 

10 eligible entity; 

11 (C) data collection and use of such data 

12 for student and instructional improvement and 

13 program evaluation; 

14 (D) outreach programs to ensure that mid15 dle school and high school students and their 

16 families are aware of the early college high 

17 school or dual enrollment program; 

18 (E) professional development, including 

19 joint professional development for secondary 

20 school and faculty from the institution of higher 

21 education; and 

22 (F) school or program design and planning 

23 team activities, including curriculum develop24 ment. 


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1 (b) ALLOWABLE ACTIVITIES.—An eligible entity may 

2 use grant funds received under this title to support the 

3 activities described in its application under section 207, 

4 including— 

5 (1) purchasing textbooks and equipment that 

6 support the school or program’s curriculum; 

7 (2) developing learning opportunities for stu8 dents that complement classroom experiences, such 

9 as internships, career-based capstone projects, and 

10 opportunities provided under subpart 2 of part A of 

11 title IV of the Higher Education Act of 1965 (20 

12 U.S.C. 1070a–11 et seq.); 

13 (3) transportation; and 

14 (4) planning time for high school and college 

15 educators to collaborate. 

16 SEC. 207. APPLICATION. 

17 (a) IN GENERAL.—To receive a grant under this title, 

18 an eligible entity shall submit to the Secretary an applica19 tion at such time, in such manner, and including such in20 formation as the Secretary determines to be appropriate. 

21 (b) CONTENTS OF APPLICATION.—At a minimum, an 

22 application described in subsection (a) shall include a de23 scription of— 

24 (1) the early college high school’s or other dual 

25 enrollment program’s budget; 


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1 (2) each partner in the eligible entity and its 

2 experience with early college high schools or other 

3 dual enrollment programs, including key personnel 

4 from each partner and their responsibilities for the 

5 early college high school or dual enrollment program; 

6 (3) how the eligible entity will work with sec7 ondary and postsecondary teachers, other public and 

8 private entities, community-based organizations, 

9 businesses, labor organizations, and parents to en10 sure that students will be prepared to succeed in 

11 postsecondary education and employment, which 

12 may include the development of an advisory board; 

13 (4) how the eligible entity will target and re14 cruit at-risk youth, including those at risk of drop15 ping out of school, first generation college students, 

16 and students from populations described in section 

17 1111(b)(2)(C)(v)(II) of the Elementary and Sec18 ondary Education Act of 1965 (20 U.S.C. 

19 6311(b)(2)(C)(v)(II)); 

20 (5) a system of student supports including, but 

21 not limited to, small group activities, tutoring, lit22 eracy and numeracy skill development in all aca23 demic disciplines, parental and community outreach 

24 and engagement, extended learning time, and college 


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1 readiness activities, such as early college academic 

2 seminars and counseling; 

3 (6) in the case of an early college high school, 

4 how a graduation and career plan will be developed, 

5 consistent with State graduation requirements, for 

6 each student and reviewed each semester; 

7 (7) how parents or guardians of dually enrolled 

8 students will be informed of their academic perform9 ance and progress and, subject to paragraph (5), in10 volved in the development of their career and grad11 uation plan; 

12 (8) coordination that will occur between an in13 stitution of higher education and the local edu14 cational agency, including regarding academic cal15 endars, provision of student services, curriculum de16 velopment, and professional development; 

17 (9) how the eligible entity will ensure that 

18 teachers in the early college high school or other 

19 dual enrollment program receive appropriate profes20 sional development and other supports, including to 

21 enable them to utilize effective parent and commu22 nity engagement strategies, and help English-lan23 guage learners, students with disabilities, and stu24 dents from diverse cultural backgrounds to succeed; 


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1 (10) learning opportunities for students that 

2 complement classroom experiences, such as intern3 ships, career-based capstone projects, and opportuni4 ties provided under subpart 2 of part A of title IV 

5 of the Higher Education Act of 1965 (20 U.S.C. 

6 1070a–11 et seq.); 

7 (11) how policies, agreements, and courses 

8 taken will ensure that postsecondary credits earned 

9 will be transferable to, at a minimum, public institu10 tions of higher education within the State, consistent 

11 with existing statewide articulation agreements; 

12 (12) student assessments and other measure13 ments of student achievement including benchmarks 

14 for student achievement; 

15 (13) outreach programs to provide elementary 

16 and secondary school students, especially those in 

17 middle grades, and their parents, teachers, school 

18 counselors, and principals information about and 

19 academic preparation for the early college high 

20 school or other dual enrollment program; 

21 (14) how the local educational agency and insti22 tution of higher education will work together, as ap23 propriate, to collect and use data for student and in24 structional improvement and program evaluation; 


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1 (15) how the eligible entity will help students 

2 meet eligibility criteria for postsecondary courses 

3 and ensure that students understand how their cred4 its will transfer; and 

5 (16) how the eligible entity will access and le6 verage additional resources necessary to sustain the 

7 early college high school or other dual enrollment 

8 program after the grant expires, including by engag9 ing businesses and non-profit organizations. 

10 (c) ASSURANCES.—An eligible entity’s application 

11 under subsection (a) shall include assurances that— 

12 (1) in the case of an early college high school, 

13 the majority of courses offered, including of postsec14 ondary courses, will be offered at facilities of an in15 stitution of higher education; 

16 (2) students will not be required to pay tuition 

17 or fees for postsecondary courses; 

18 (3) postsecondary credits earned will be tran19 scribed upon completion of the requisite course 

20 work; and 

21 (4) faculty teaching postsecondary courses meet 

22 the normal standards for faculty established by the 

23 institution of higher education. 


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1 (d) WAIVER.—The Secretary may waive the require2 ment of subsection (c)(1) upon a showing that it is im3 practical to apply due to geographic considerations. 

4 SEC. 208. PEER REVIEW. 

5 (a) PEER REVIEW OF APPLICATIONS.—The Sec6 retary shall establish peer review panels to review applica7 tions submitted pursuant to section 206 to advise the Sec8 retary regarding such applications. 

9 (b) COMPOSITION OF PEER REVIEW PANELS.—The 

10 Secretary shall ensure that each peer review panel is not 

11 comprised wholly of full-time officers or employees of the 

12 Federal Government and includes, at a minimum— 

13 (1) experts in the establishment and adminis14 tration of early college high schools or other dual en15 rollment programs from the secondary and postsec16 ondary perspective; 

17 (2) faculty at institutions of higher education 

18 and secondary school teachers with expertise in dual 

19 enrollment; and 

20 (3) experts in the education of at-risk students. 

21 SEC. 209. REPORTING AND OVERSIGHT. 

22 (a) REPORTING BY GRANTEES.— 

23 (1) IN GENERAL.—The Secretary shall establish 

24 uniform guidelines for eligible entities receiving a 

25 grant under this title concerning information such 


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1 entities shall annually report to the Secretary to 

2 demonstrate the progress of the entity toward 

3 achieving the goals of this title. 

4 (2) CONTENTS OF REPORT.—At a minimum, 

5 the report described in paragraph (1) shall include, 

6 with respect to all students enrolled in the early col7 lege high school or dual enrollment program of each 

8 eligible entity receiving a grant under this title, the 

9 following information (disaggregated in the same 

10 manner as described in section 1111(h)(1)(C)(i) of 

11 the Elementary and Secondary Education Act of 

12 1965 (20 U.S.C. 6311(h)(1)(C)(i))): 

13 (A) The number of students enrolled in the 

14 early college high school or dual enrollment pro15 gram. 

16 (B) The percentage of students scoring ad17 vanced, proficient, basic, and below basic on the 

18 assessments described in section 1111(b)(3) of 

19 the Elementary and Secondary Education Act 

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

21 (C) The performance on other assessments 

22 or measurements of achievement. 

23 (D) The number of secondary school cred24 its earned. 


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1 (E) The number of postsecondary credits 

2 earned by such students. 

3 (F) The attendance rate, as appropriate. 

4 (G) Graduation rate. 

5 (H) Placement in postsecondary education 

6 or advanced training, in military service, and in 

7 employment. 

8 (I) A description of the school or pro9 gram’s student, parent, and community out10 reach and engagement. 

11 (b) REPORTING BY SECRETARY.—The Secretary an12 nually shall compile and analyze the information described 

13 in subsection (a) and shall submit a report containing such 

14 analysis to the Committee on Health, Education, Labor, 

15 and Pensions of the Senate and the Committee on Edu16 cation and Labor of the House of Representatives. The 

17 report shall include identification of best practices for 

18 achieving the goals of this title. 

19 (c) MONITORING VISITS.—The Secretary’s designee 

20 shall visit each grantee at least once for the purpose of 

21 helping the grantee achieve the goals of this title and to 

22 monitor the grantee’s progress toward achieving such 

23 goals. 

24 (d) NATIONAL EVALUATION.—Not later than 6 

25 months after the date on which funds are appropriated 


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1 to carry out this title, the Secretary shall enter into a con2 tract with an independent organization to perform an eval3 uation of the grants awarded under this title. Such evalua4 tion shall apply rigorous procedures to obtain valid and 

5 reliable data concerning participants’ outcomes by social 

6 and academic characteristics and monitor the progress of 

7 students from high school to and through postsecondary 

8 education. 

9 (e) TECHNICAL ASSISTANCE.—The Secretary shall 

10 provide technical assistance to eligible entities concerning 

11 best practices in early college high schools and dual enroll12 ment programs and shall disseminate such best practices 

13 among eligible entities and State and local educational 

14 agencies. Amounts retained by the Secretary for technical 

15 assistance shall be used to make grants to, or contracts 

16 with, public or nonprofit agencies and organizations with 

17 expertise in supporting the development and implementa18 tion of statewide or national duel enrollment programs or 

19 early college programs. 

20 SEC. 210. RULES OF CONSTRUCTION. 

21 (a) EMPLOYEES.—Nothing in this title shall be con22 strued to alter or otherwise affect the rights, remedies, 

23 and procedures afforded to the employees of local edu24 cational agencies (including schools) or institutions of 

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1 cluding applicable regulations or court orders) or under 

2 the terms of collective bargaining agreements, memoranda 

3 of understanding, or other agreements between such em4 ployees and their employers. 

5 (b) GRADUATION RATE.—A student who graduates 

6 from an early college high school supported under this title 

7 in the standard number of years for graduation described 

8 in the eligible entity’s application shall be considered to 

9 have graduated on time for purposes of section 

10 1111(b)(2)(C)(6) of the Elementary and Secondary Edu11 cation Act of 1965 (20 U.S.C. 6311(b)(2)(C)(6)). 

12 TITLE III—SHARING WHAT 

13 WORKS IN MIDDLE GRADES 

14 SEC. 301. PURPOSE. 

15 The purpose of this title is to facilitate the genera16 tion, dissemination, and application of research needed to 

17 identify and implement effective practices that lead to con18 tinual student learning and high academic achievement in 

19 the middle grades. 

20 SEC. 302. RESEARCH RECOMMENDATIONS. 

21 (a) STUDY ON PROMISING PRACTICES.— 

22 (1) IN GENERAL.—Not later than 60 days after 

23 the date of enactment of this Act, the Secretary 

24 shall enter into a contract with the Center for Edu25 cation of the National Academies to study and idenVerDate Nov 24 2008 00:35 Nov 21, 2009 Jkt 089200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\H4122.IH H4122

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1 tify promising practices for the improvement of mid2 dle grades education. 

3 (2) CONTENT OF STUDY.—The study described 

4 in paragraph (1) shall identify promising practices 

5 currently being implemented for the improvement of 

6 middle grades education. The study shall be con7 ducted in an open and transparent way that provides 

8 interim information to the public about criteria 

9 being used to identify— 

10 (A) promising practices; 

11 (B) the practices that are being consid12 ered; and 

13 (C) the kind of evidence needed to docu14 ment effectiveness. 

15 (3) REPORT.—The contract entered into pursu16 ant to this subsection shall require that the Center 

17 for Education of the National Academies submit to 

18 the Secretary, the Committee on Health, Education, 

19 Labor, and Pensions of the Senate, and the Com20 mittee on Education and Labor of the House of 

21 Representatives a final report regarding the study 

22 conducted under this subsection not later than 1 

23 year after the date of the commencement of the con24 tract. 


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1 (4) PUBLICATION.—The Secretary shall make 

2 public and post on the website of the Department of 

3 Education the findings of the study conducted under 

4 this subsection. 

5 (b) SYNTHESIS STUDY OF EFFECTIVE TEACHING

6 AND LEARNING IN MIDDLE GRADES.— 

7 (1) IN GENERAL.—Not later than 60 days after 

8 the date of enactment of this Act, the Secretary 

9 shall enter into a contract with the Center for Edu10 cation of the National Academies to review existing 

11 research on middle grades education, and on factors 

12 that might lead to increased effectiveness and en13 hanced innovation in middle grades education. 

14 (2) CONTENT OF STUDY.—The study described 

15 in paragraph (1) shall review research on education 

16 programs, practices, and policies, as well as research 

17 on the cognitive, social, and emotional development 

18 of children in the middle grades age range, in order 

19 to provide an enriched understanding of the factors 

20 that might lead to the development of innovative and 

21 effective middle grades programs, practices, and 

22 policies. The study shall focus on— 

23 (A) the areas of curriculum, instruction, 

24 and assessment (including additional supports 

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1 ing, writing, mathematics, and science, and the 

2 identification of students with disabilities) to 

3 better prepare all students for subsequent suc4 cess in high school, college, and cognitively chal5 lenging employment; 

6 (B) the quality of, and supports for, the 

7 teacher workforce; 

8 (C) aspects of student behavioral and so9 cial development, and of social interactions 

10 within schools that affect the learning of aca11 demic content; 

12 (D) the ways in which schools and local 

13 educational agencies are organized and operated 

14 that may be linked to student outcomes; 

15 (E) how development and use of early 

16 warning systems can reduce risk factors for 

17 dropping out of school and low academic 

18 achievement; and 

19 (F) identification of areas where further 

20 research and evaluation may be needed on these 

21 topics to further the development of effective 

22 middle grades practices. 

23 (3) REPORT.—The contract entered into pursu24 ant to this subsection shall require that the Center 

25 for Education of the National Academies submit to 


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1 the Secretary, the Committee on Health, Education, 

2 Labor, and Pensions of the Senate, and the Com3 mittee on Education and Labor of the House of 

4 Representatives a final report regarding the study 

5 conducted under this subsection not later than 2 

6 years after the date of commencement of the con7 tract. 

8 (4) PUBLICATION.—The Secretary shall make 

9 public and post on the website of the Department of 

10 Education the findings of the study conducted under 

11 this subsection. 

12 (c) OTHER ACTIVITIES.—The Secretary shall carry 

13 out each of the following: 

14 (1) Create a national clearinghouse, in coordi15 nation with entities such as What Works and the 

16 Doing What Works Clearinghouses, for research in 

17 best practices in the middle grades and in the ap18 proaches that successfully take those best practices 

19 to scale in schools and local educational agencies. 

20 (2) Create a national middle grades database 

21 accessible to educational researchers, practitioners, 

22 and policymakers that identifies school, classroom, 

23 and system-level factors that facilitate or impede 

24 student academic achievement in the middle grades. 


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1 (3) Require the Institute of Education Sciences 

2 to develop a strand of field-initiated and scientif3 ically valid research designed to enhance perform4 ance of schools serving middle grades students, and 

5 of middle grades students who are most at risk of 

6 educational failure, which may be coordinated with 

7 the regional educational laboratories established 

8 under section 174 of the Education Sciences Reform 

9 Act of 2002 (20 U.S.C. 9564), institutions of higher 

10 education, agencies recognized for their research 

11 work that has been published in peer-reviewed jour12 nals, and organizations that have such regional edu13 cational laboratories. Such research shall target spe14 cific issues such as— 

15 (A) effective practices for instruction and 

16 assessment in mathematics, science, technology, 

17 and literacy; 

18 (B) academic interventions for adolescent 

19 English language learners; 

20 (C) school improvement programs and 

21 strategies for closing the academic achievement 

22 gap; 

23 (D) evidence-based or, when available, sci24 entifically valid professional development planVerDate Nov 24 2008 00:35 Nov 21, 2009 Jkt 089200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 E:\BILLS\H4122.IH H4122

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1 ning targeted to improve pedagogy and student 

2 academic achievement; 

3 (E) the effects of increased learning or ex4 tended school time in the middle grades; and 

5 (F) the effects of decreased class size or 

6 increased instructional and support staff. 

7 (4) Strengthen the work of the existing national 

8 research and development centers under section 

9 133(c) of the Education Sciences Reform Act of 

10 2002 (20 U.S.C. 9533(c)), as of the date of enact11 ment of this Act, by adding an educational research 

12 and development center dedicated to addressing— 

13 (A) curricular, instructional, and assess14 ment issues pertinent to the middle grades 

15 (such as mathematics, science, technological flu16 ency, the needs of English language learners, 

17 and students with disabilities); 

18 (B) comprehensive reforms for low-per19 forming middle grades; and 

20 (C) other topics pertinent to improving the 

21 academic achievement of middle grades stu22 dents. 

23 (5) Provide grants to nonprofit organizations, 

24 for-profit organizations, institutions of higher edu25 cation, and others to partner with State educational 


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1 agencies and local educational agencies to develop, 

2 adapt, or replicate effective models for turning 

3 around low-performing middle grades. 

4 TITLE IV—DEFINITIONS 

5 SEC. 401. DEFINITIONS. 

6 Except as otherwise provided, in this Act: 

7 (1) BUREAU-FUNDED SCHOOL.—The term ‘‘Bu8 reau-funded school’’ has the meaning given such 

9 term in section 1146 of the Education Amendments 

10 of 1978 (25 U.S.C. 2026). 

11 (2) CHARTER MANAGEMENT ORGANIZATION.— 

12 The term ‘‘charter management organization’’ 

13 means a nonprofit organization that operates or 

14 manages a charter school or other school by central15 izing or sharing certain functions and resources. 

16 (3) CHARTER SCHOOL.—The term ‘‘charter 

17 school’’— 

18 (A) has the meaning given such term in 

19 section 5210(1) of the Elementary and Sec20 ondary Education Act of 1965 (20 U.S.C. 

21 7221i(1)); and 

22 (B) may include a charter school that pro23 vides prekindergarten or adult education serv24 ices. 


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1 (4) COLLEGE ENROLLMENT RATE.—The term 

2 ‘‘college enrollment rate’’ means the rate at which 

3 students who are graduating from secondary school 

4 in the same academic year enroll in an institution of 

5 higher education in the same calendar year. 

6 (5) CORE COURSES.—The term ‘‘core courses’’ 

7 has the meaning given the tern ‘‘core academic sub8 jects’’ in section 9101(11) of the Elementary and 

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

10 7801(11)). 

11 (6) DUAL ENROLLMENT PROGRAM.—The term 

12 ‘‘dual enrollment program’’ means an academic pro13 gram established in partnership between a local edu14 cational agency and an institution of higher edu15 cation that enables a high school student to simulta16 neously earn credit toward— 

17 (A) a high school diploma; and 

18 (B) a postsecondary degree or certificate. 

19 (7) EARLY COLLEGE HIGH SCHOOL.—The term 

20 ‘‘early college high school’’ means a high school es21 tablished in partnership between a local educational 

22 agency and an institution of higher education that 

23 provides a course of study that enables a student to 

24 earn— 

25 (A) a high school diploma; and 


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1 (B) an associate’s degree or 1 to 2 years 

2 of college credit toward a postsecondary degree 

3 or credential. 

4 (8) EARLY WARNING SYSTEM.— 

5 (A) IN GENERAL.—The term ‘‘Early 

6 Warning System’’ means a data and interven7 tion system, which is maintained by a local edu8 cational agency, that collects, analyzes, and re9 ports student-level data in a timely and ongoing 

10 basis to help schools in the local educational 

11 agency identify and implement tiered academic, 

12 social, and behavioral evidence-based interven13 tions, including differentiated instruction, in 

14 order to ensure each middle school and high 

15 school student served by the local educational 

16 agency is on track to graduate and meet the 

17 student’s postsecondary education and career 

18 goals by— 

19 (i) alerting schools in the local edu20 cational agency when a student begins to 

21 exhibit academic, social, or behavioral indi22 cators of increased risk for low academic 

23 achievement, not graduating from sec24 ondary school, or disciplinary actions; 


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1 (ii) alerting schools in the local edu2 cational agency when a student has been 

3 retained in a grade level, is an undercred4 ited student, is a late entrant English lan5 guage learner, has come into contact with 

6 the juvenile justice system, has a dramati7 cally decreased attendance rate, or has sig8 nificant other barriers that limit successful 

9 high school completion and academic 

10 achievement; 

11 (iii) identifying appropriate evidence12 based interventions for individual students 

13 under the intervention component de14 scribed in subparagraph (D) and carrying 

15 out such interventions under such compo16 nent; and 

17 (iv) sharing the student-level data col18 lected, analyzed, and reported by such sys19 tem among high schools and their feeder 

20 middle schools. 

21 (B) EARLY WARNING DATA COMPONENT.— 

22 (i) IN GENERAL.—The data compo23 nent of an Early Warning System is a data 

24 system that carries out the activities de25 scribed in subparagraph (A) (with the exVerDate Nov 24 2008 00:35 Nov 21, 2009 Jkt 089200 PO 00000 Frm 00059 Fmt 6652 Sfmt 6201 E:\BILLS\H4122.IH H4122

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1 ception of the activities carried out under 

2 the intervention component described in 

3 subparagraph (D)) by collecting, analyzing, 

4 and reporting student-level data (through 

5 software, automation, manual analysis or 

6 other methods)— 

7 (I) in a manner consistent with 

8 the Family Educational Rights and 

9 Privacy Act of 1974 (20 U.S.C. 

10 1232g); 

11 (II) in a format that is easily ac12 cessible and useable by school staff at 

13 the school level; and 

14 (III) that is interoperable with 

15 the longitudinal data system estab16 lished under section 14005(d)(3) of 

17 the American Recovery and Reinvest18 ment Act of 2009 (Public Law 111– 

19 5) for the State educational agency 

20 serving the local educational agency 

21 that maintains such system. 

22 (ii) REPORTING.—The data compo23 nent described in clause (i) shall have the 

24 capacity to report student-level data— 


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1 (I) with respect to individual stu2 dents; 

3 (II) with respect to students in 

4 the aggregate; and 

5 (III) that is disaggregated by all 

6 the demographic subgroups of stu7 dents described in section 

8 1111(h)(1)(C)(i) of the Elementary 

9 and Secondary Education Act of 1965 

10 (20 U.S.C. 6311(h)(1)(C)(i)), 

11 crosstabulated by all categories. 

12 (C) STUDENT-LEVEL DATA.—For purposes 

13 of this paragraph, the term ‘‘student-level data’’ 

14 means longitudinal data with respect to indi15 vidual students, including all the demographic 

16 subgroups of students described in section 

17 1111(h)(1)(C)(i) of the Elementary and Sec18 ondary Education Act of 1965 (20 U.S.C. 

19 6311(h)(1)(C)(i)), on— 

20 (i) academic performance in core 

21 courses; 

22 (ii) levels of achievement on State 

23 academic assessments described in section 

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

2 6311(b)(3)); 

3 (iii) on-time and delayed promotion 

4 from grade-to-grade; 

5 (iv) college admissions test participa6 tion; 

7 (v) completion of courses in which the 

8 student is dually-enrolled, college-level 

9 courses, college-preparatory courses, and 

10 middle-school prerequisite courses; 

11 (vi) graduation with a high school di12 ploma and reason for exiting other than 

13 earned high school diploma; 

14 (vii) behavioral indicators, including 

15 attendance, office referrals, suspensions, 

16 and expulsions; 

17 (viii) college enrollment and postsec18 ondary persistence; and 

19 (ix) other academic, social and behav20 ioral indicators as determined by the local 

21 educational agency. 

22 (D) EARLY WARNING INTERVENTION COM23 PONENT.— 

24 (i) IN GENERAL.—The intervention 

25 component of an Early Warning System is 


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1 a comprehensive system of evidence-based 

2 academic, social, and behavioral services 

3 and supports for at-risk students, includ4 ing whole school reform activities, targeted 

5 student interventions, and intensive indi6 vidual student interventions described in 

7 clauses (ii), (iii), and (iv), respectively, 

8 which shall be continually evaluated by the 

9 local educational agency maintaining the 

10 Early Warning System for their effective11 ness. 

12 (ii) WHOLE SCHOOL REFORM ACTIVI13 TIES.— 

14 (I) IN GENERAL.—The term 

15 ‘‘whole school reform activities’’ 

16 means activities requiring the align17 ment of instructional resources and 

18 behavioral supports to specifically 

19 meet the academic, social, and behav20 ioral needs of students, and imple21 mentation of organizational change to 

22 ensure academic success of at-risk 

23 students, as informed by the analysis 

24 of data available under the Early 

25 Warning System. 


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1 (II) ACTIVITIES.—Whole school 

2 reform activities may include— 

3 (aa) establishing transition 

4 supports for students moving 

5 from middle to high school or 

6 from secondary school to postsec7 ondary school; 

8 (bb) increasing availability 

9 of college preparatory or career 

10 and technical instruction through 

11 Advanced Placement courses, 

12 International Baccalaureate 

13 courses, dual enrollment, early 

14 college high school opportunities, 

15 or high quality career and tech16 nical programs as described in 

17 section 3 of the Carl D. Perkins 

18 Career and Technical Education 

19 Act of 2006; 

20 (cc) extended learning op21 portunities for students; 

22 (dd) implementation of posi23 tive behavior support systems or 

24 multitier systems of support; 


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1 (ee) quality professional de2 velopment to meet student needs 

3 identified by the early warning 

4 data; or 

5 (ff) strategic use of time, in6 cluding common lesson planning 

7 time, flexible school periods, or 

8 block scheduling. 

9 (iii) TARGETED STUDENT INTERVEN10 TIONS.—Targeted student interventions 

11 are interventions provided to small groups 

12 of students on an ongoing basis that are 

13 adjusted over time to meet student needs, 

14 such as— 

15 (I) small group, instruction, tu16 toring or counseling; or 

17 (II) changes to learning struc18 tures, such as teams of teachers who 

19 work exclusively with small groups of 

20 students. 

21 (iv) INTENSIVE INDIVIDUAL STUDENT

22 INTERVENTIONS.—Intensive individual stu23 dent interventions are interventions 

24 matched to individual student needs, in25 cluding one-on-one academic counseling 


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1 and use of an individual graduation plan to 

2 define, support and meet a student’s sec3 ondary and postsecondary education goals. 

4 Such interventions may include— 

5 (I) individual case management; 

6 (II) individual instruction; or 

7 (III) individual social and emo8 tional supports, including mental 

9 health counseling. 

10 (9) EDUCATIONAL SERVICE AGENCY.—The 

11 term ‘‘educational service agency’’ has the meaning 

12 given such term in section 9101(17) of the Elemen13 tary and Secondary Education Act of 1965 (20 

14 U.S.C. 7801(17)). 

15 (10) ELIGIBLE ENTITY.—The term ‘‘eligible en16 tity’’ means— 

17 (A) a local educational agency that serves 

18 at least one— 

19 (i) eligible middle school; and 

20 (ii) eligible high school; 

21 (B) a consortium of local educational agen22 cies described in subparagraph (A) that are lo23 cated in rural areas; or 

24 (C) a partnership between— 


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1 (i) a consortium described in subpara2 graph (B); and 

3 (ii) an educational service agency. 

4 (11) ELIGIBLE HIGH SCHOOL.—The term ‘‘eli5 gible high school’’ means a public school that— 

6 (A) provides education in at least 2 succes7 sive grades between 7th grade and 12th grade, 

8 inclusive, as determined by State law; and 

9 (B) had a graduation rate of 65 percent or 

10 less during each of the 2 academic years before 

11 the date of the enactment of this Act. 

12 (12) ELIGIBLE MIDDLE SCHOOL.—The term 

13 ‘‘eligible middle school’’ means a public school 

14 that— 

15 (A) provides education in at least 2 succes16 sive grades between 5th grade and 8th grade, 

17 inclusive, as determined by State law; 

18 (B) is a feeder middle school for at least 

19 1 eligible high school; and 

20 (C) during each of the 2 academic years 

21 before the date of the enactment of this Act— 

22 (i) had more than 50 percent of the 

23 students who completed such school enroll 

24 in an eligible high school; and 


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1 (ii) was in a State’s lowest quintile of 

2 performance based on proficiency rates on 

3 State assessments required under section 

4 1111(b)(3) of the Elementary and Sec5 ondary Education Act of 1965 (20 U.S.C. 

6 6311(b)(3)) or had not made adequate 

7 yearly progress (as defined section 

8 1111(b)(2)) of such Act (20 U.S.C. 

9 6311(b)(2)(C)). 

10 (13) FEEDER MIDDLE SCHOOL.—The term 

11 ‘‘feeder middle school’’ means a middle school where 

12 students enrolled in a high school in the same local 

13 educational agency as such middle school were en14 rolled prior to completing such middle school. 

15 (14) GRADUATION RATE.—The term ‘‘gradua16 tion rate’’ has the meaning given such term in sec17 tion 1111(b)(2)(C)(vi) of the Elementary and Sec18 ondary Education Act of 1965 (20 U.S.C. 

19 6311(b)(2)(C)(vi)), as clarified in section 

20 200.19(b)(1) of title 34, Code of Federal Regula21 tions. 

22 (15) HIGHLY QUALIFIED.—The term ‘‘highly 

23 qualified’’ has the meaning given such term in sec24 tion 9101(23) of the Elementary and Secondary 

25 Education Act of 1965 (20 U.S.C. 7801(23)). 


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1 (16) INSTITUTION OF HIGHER EDUCATION.— 

2 The term ‘‘institution of higher education’’ has the 

3 meaning given such term in section 101 of the High4 er Education Act of 1965 (20 U.S.C. 1001). 

5 (17) LATE ENTRANT ENGLISH LANGUAGE

6 LEARNER.—The term ‘‘late entrant English lan7 guage learner’’ means a secondary school student 

8 who— 

9 (A) entered a school served by a local edu10 cational agency at grade 7 or higher; and 

11 (B) is identified by the agency as— 

12 (i) being limited English proficient; 

13 and 

14 (ii) having experienced interrupted 

15 formal education. 

16 (18) LOCAL EDUCATIONAL AGENCY.—The term 

17 ‘‘local educational agency’’— 

18 (A) has the meaning given such term in 

19 section 9101(26) of the Elementary and Sec20 ondary Education Act of 1965 (20 U.S.C. 

21 7801(26)); 

22 (B) includes any charter school that is a 

23 local educational agency, as determined by 

24 State law; and 

25 (C) includes each Bureau-funded school. 


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1 (19) LOW-INCOME STUDENT.—The term ‘‘low2 income student’’ means a student described in sec3 tion 1113(a)(5) of the Elementary and Secondary 

4 Education Act of 1965 (20 U.S.C. 6313(a)(5)). 

5 (20) MULTITIER SYSTEM OF SUPPORT.—The 

6 term ‘‘multitier system of support’’ means a com7 prehensive system of differentiated supports that in8 cludes— 

9 (A) evidence-based instruction; 

10 (B) universal screening; 

11 (C) progress monitoring; 

12 (D) formative assessments; 

13 (E) research-based interventions matched 

14 to student needs; and 

15 (F) educational decisionmaking using stu16 dent outcome data. 

17 (21) PARTICIPATING MIDDLE SCHOOL.—The 

18 term ‘‘participating middle school’’ means an eligible 

19 middle school that is— 

20 (A) under the jurisdiction of an eligible en21 tity awarded a grant under title I; and 

22 (B) that are being served by such grant. 

23 (22) PARTICIPATING HIGH SCHOOL.—The term 

24 ‘‘participating high school’’ means an eligible high 

25 school that is— 


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1 (A) under the jurisdiction of an eligible en2 tity awarded a grant under title I; and 

3 (B) that are being served by such grant. 

4 (23) POSITIVE BEHAVIOR SUPPORTS.—The 

5 term ‘‘positive behavior supports’’ means a system6 atic approach to embed evidence-based practices and 

7 data-driven decisionmaking to improve school cli8 mate and culture, including a range of systemic and 

9 individualized strategies to reinforce desired behav10 iors and diminish reoccurrence of problem behaviors, 

11 in order to achieve improved academic and social 

12 outcomes and increase learning for all students, in13 cluding those with the most complex and intensive 

14 behavioral needs. 

15 (24) POSTSECONDARY PERSISTENCE RATE.— 

16 The term ‘‘postsecondary persistence rate’’ means 

17 the rate at which students who graduated from sec18 ondary school in the same academic year enroll in an 

19 institution of higher education and complete 1 aca20 demic year of credit at such institution, as deter21 mined by such institution. 

22 (25) SECONDARY SCHOOL REFORM ORGANIZA23 TION.—The term ‘‘secondary school reform organi24 zation’’ means a nonprofit organization, such as a 

25 community-based organization, charter management 


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1 organization, educational service agency, education 

2 management organization, or institution of higher 

3 education, with— 

4 (A) expertise in analyzing school perform5 ance data; and 

6 (B) a demonstrated record of success in 

7 improving student achievement, graduation 

8 rates, college enrollment, or restructuring low9 performing middle schools or high schools. 

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

11 means the Secretary of Education. 

12 (27) SPECIALIZED INSTRUCTIONAL SUPPORT

13 PERSONNEL.—The term ‘‘specialized instructional 

14 support personnel’’ means school counselors, school 

15 social workers, school psychologists, and other quali16 fied professional personnel involved in providing as17 sessment, diagnosis, counseling, educational, thera18 peutic, and other services (including related services 

19 as that term is defined in section 602 of the Individ20 uals with Disabilities Education Act) as part of a 

21 comprehensive program to meet student needs. 

22 (28) SPECIALIZED INSTRUCTIONAL SUPPORT

23 SERVICES.—The term ‘‘specialized instructional sup24 port services’’ means the services provided by spe25 cialized instructional support personnel. 


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1 (29) STATE.—The term ‘‘State’’ has the mean2 ing given such term in section 9101 of the Elemen3 tary and Secondary Education Act of 1965 (20 

4 U.S.C. 7801). 

5 (30) STATE EDUCATIONAL AGENCY.—The term 

6 ‘‘State educational agency’’ has the meaning given 

7 such term in section 9101(41) Elementary and Sec8 ondary Education Act of 1965 (20 U.S.C. 

9 7801(41)). 

10 (31) SUBJECT MATTER EXPERTISE.—The term 

11 ‘‘subject matter expertise’’ means demonstrating 

12 competence in each of the academic subjects in 

13 which a teacher provides instruction as the teacher 

14 of record, whether or not the teacher is new to the 

15 profession, by meeting the requirements described in 

16 subclause (I) or (II) of section 9101(23)(B)(ii) of 

17 the Elementary and Secondary Education Act of 

18 1965 (20 U.S.C. 7801(23)(B)(ii)(I); (23)(B)(ii)(II)). 

19 (32) UNDERCCREDITED STUDENT.—The term 

20 ‘‘undercredited student’’ means a secondary school 

21 student who lacks either the necessary credits or 

22 courses, as determined by the applicable local edu23 cational agency and State agency, to graduate from 


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1 secondary school with a regular diploma in the 

2 standard number of years. 

Æ 


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