II 

110TH CONGRESS 

2D SESSION S. 3431 

To establish expanded learning time initiatives, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

AUGUST 1, 2008 

Mr. REID (for Mr. KENNEDY (for himself, Mr. BINGAMAN, and Mr. SANDERS)) introduced the following bill; which was read twice and referred to 

the Committee on Health, Education, Labor, and Pensions 

A BILL 

To establish expanded learning time initiatives, and for other 

purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Time for Innovation 

5 Matters in Education Act of 2008’’. 

6 SEC. 2. PURPOSES. 

7 The purposes of this Act are— 

8 (1) to increase opportunities for students to 

9 participate in expanded learning time initiatives with 

10 expanded school days, expanded school weeks, or exVerDate Aug 31 2005 03:52 Aug 06, 2008 Jkt 069200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3431.IS S3431

erowe on PROD1PC71 with BILLS
2 

•S 3431 IS 

1 panded school years, in order to increase student 

2 academic achievement and student engagement and 

3 success in schools by providing— 

4 (A) students with more in-depth and rig5 orous learning opportunities in reading or lan6 guage arts, mathematics, science, and other 

7 core academic subjects; 

8 (B) students with more time for additional 

9 subjects and enrichment activities that con10 tribute to a well-rounded education, which may 

11 include music and the arts, physical education, 

12 drama, service-learning, and experiential and 

13 work-based learning opportunities (such as 

14 community service, learning apprenticeships, in15 ternships, and job shadowing); and 

16 (C) teachers with increased opportunities 

17 to work collaboratively and to participate in 

18 professional planning to improve instruction; 

19 (2) to improve teaching and learning by— 

20 (A) creating a seamless program or cur21 riculum with regular and expanded teaching 

22 and learning opportunities within a school pro23 gram that is comprehensively redesigned for 

24 students and teachers; and 


erowe on PROD1PC71 with BILLS
3 

•S 3431 IS 

1 (B) improving access to instructional sup2 ports for struggling students; 

3 (3) to encourage States, local educational agen4 cies, and schools to develop high-quality, innovative, 

5 replicable, and sustainable initiatives to expand 

6 learning time; and 

7 (4) to create partnerships between schools and 

8 local educational agencies, and external organiza9 tions such as community-based organizations, insti10 tutions of higher education, community learning cen11 ters, cultural organizations, and health and mental 

12 health agencies to provide expanded learning and de13 velopment opportunities for students. 

14 SEC. 3. DEFINITIONS AND REFERENCES. 

15 (a) DEFINITIONS.—In this Act: 

16 (1) COMMUNITY LEARNING CENTER.—The term 

17 ‘‘community learning center’’ means a community 

18 learning center, as defined in section 4201(b) of the 

19 Elementary and Secondary Education Act of 1965 

20 (20 U.S.C. 7171(b)), that receives assistance under 

21 part B of title IV of that Act. 

22 (2) ELEMENTARY AND SECONDARY EDUCATION

23 TERMS.—The terms ‘‘community-based organiza24 tion’’, ‘‘core academic subjects’’, ‘‘elementary 

25 school’’, ‘‘highly qualified’’, ‘‘institution of higher 


erowe on PROD1PC71 with BILLS
4 

•S 3431 IS 

1 education’’, ‘‘local educational agency’’, ‘‘other 

2 staff’’, ‘‘parent’’, ‘‘professional development’’, ‘‘sec3 ondary school’’, ‘‘Secretary’’, ‘‘State’’, and ‘‘State 

4 educational agency’’ have the meanings given the 

5 terms in section 9101 of the Elementary and Sec6 ondary Education Act of 1965 (20 U.S.C. 7801). 

7 (3) ELIGIBLE ENTITY.—The term ‘‘eligible enti8 ty’’ means— 

9 (A) a local educational agency; or 

10 (B) a partnership that includes a local 

11 educational agency and 1 or more of the fol12 lowing: 

13 (i) An additional local educational 

14 agency. 

15 (ii) A nonprofit community-based or16 ganization, such as an organization focused 

17 on after-school learning, alternative learn18 ing, or dropout prevention, or an organiza19 tion with demonstrated experience in ex20 panding learning opportunities and helping 

21 schools redesign their educational pro22 grams to better meet student needs. 

23 (iii) An institution of higher edu24 cation. 

25 (iv) A community learning center. 


erowe on PROD1PC71 with BILLS
5 

•S 3431 IS 

1 (v) Any other public or nonprofit pri2 vate entity. 

3 (4) EXPANDED LEARNING TIME INITIATIVE.— 

4 The term ‘‘expanded learning time initiative’’ means 

5 a program at a school that— 

6 (A) has an expanded school day, expanded 

7 school week, or expanded school year schedule, 

8 that increases the total number of school hours 

9 for the school year by not less than 30 percent, 

10 compared to the school year that is standard in 

11 the school district in which the school is lo12 cated, for schools of the comparable level (ele13 mentary school, middle school, or high school, 

14 as defined under applicable State law); 

15 (B) uses the expanded learning time sched16 ule to redesign the school’s academic program 

17 in a manner that includes additional time— 

18 (i) for academic work to improve par19 ticipating students’ proficiency in reading 

20 or language arts, mathematics, science, 

21 and other core academic subjects; 

22 (ii) to advance student learning for 

23 students who already meet or exceed stu24 dent academic achievement standards, as 

25 measured by State academic assessments 


erowe on PROD1PC71 with BILLS
6 

•S 3431 IS 

1 required under section 1111(b)(3) of the 

2 Elementary and Secondary Education Act 

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

4 (iii) for additional subjects and en5 richment activities that contribute to a 

6 well-rounded education, which may include 

7 music and the arts, physical education, 

8 drama, service-learning, and experiential 

9 and work-based learning opportunities 

10 (such as community service, learning ap11 prenticeships, internships, and job shad12 owing); and 

13 (iv) for teachers for collaboration 

14 within and across grades and subjects and 

15 professional planning; and 

16 (C)(i) in the case of a school that is not a 

17 high school, will expand learning time for all 

18 students in all grade levels in the school; or 

19 (ii) in the case of a high school, will ex20 pand learning time for not less than 1 entire 

21 grade level of students in the school, and if the 

22 school expands learning time for additional stu23 dents under this Act, will expand learning time 

24 for additional entire grade levels. 


erowe on PROD1PC71 with BILLS
7 

•S 3431 IS 

1 (5) EXPANDED LEARNING TIME SCHOOL.—The 

2 term ‘‘expanded learning time school’’ means a 

3 school that has implemented an expanded learning 

4 time initiative using funds received under this Act. 

5 (6) HIGH-NEED SCHOOL.— 

6 (A) IN GENERAL.—The term ‘‘high-need 

7 school’’ means— 

8 (i) a public elementary school or sec9 ondary school at which 50 percent or more 

10 of the students are eligible to be counted 

11 under 1 of the measures of poverty de12 scribed in section 1113(a)(5) of the Ele13 mentary and Secondary Education Act of 

14 1965 (20 U.S.C. 6313(a)(5)); or 

15 (ii) a school for which an eligible enti16 ty has obtained approval under subpara17 graph (B). 

18 (B) SPECIAL RULE FOR SECONDARY

19 SCHOOLS.—An eligible entity seeking a grant 

20 from the Secretary or a subgrant from a State 

21 educational agency under this Act may apply to 

22 the Secretary or State educational agency, re23 spectively, for approval to treat a public sec24 ondary school as a high-need school under this 

25 Act. The application shall include information, 


erowe on PROD1PC71 with BILLS
8 

•S 3431 IS 

1 supplied by the secondary school, explaining 

2 why the school should be treated as a high-need 

3 school. Such information shall include informa4 tion on the number and percentage of students 

5 attending such school who are low-income stu6 dents, the graduation rate for such school (as 

7 defined in section 1111(b)(2)(C)(vi) of the Ele8 mentary and Secondary Education Act of 1965 

9 (20 U.S.C. 6311(b)(2)(C)(vi)), and information 

10 about the student academic achievement of stu11 dents at such school. 

12 (7) HIGH SCHOOL.—The term ‘‘high school’’ 

13 means a public high school, as defined under appli14 cable State law. 

15 (8) LOW-INCOME STUDENT.—The term ‘‘low-in16 come student’’ means a student who is eligible to be 

17 counted under 1 of the measures of poverty de18 scribed in section 1113(a)(5) of the Elementary and 

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

20 6313(a)(5)). 

21 (b) REFERENCES.—In this Act— 

22 (1) a reference to a school day, school week, or 

23 school year includes a reference to a combination 

24 thereof; and 


erowe on PROD1PC71 with BILLS
9 

•S 3431 IS 

1 (2) a reference to a school day, school week, or 

2 school year program (or schedule) includes a ref3 erence to a combination thereof. 

4 SEC. 4. PROGRAM AUTHORIZED. 

5 (a) GRANTS TO STATE EDUCATIONAL AGENCIES.— 

6 From the amount appropriated under section 11, the Sec7 retary is authorized to award grants on a competitive basis 

8 under section 5 to State educational agencies having appli9 cations approved pursuant to section 5(c) to enable such 

10 agencies to award subgrants on a competitive basis to eli11 gible entities as described in sections 6 and 7. 

12 (b) RESERVATION.—From the amount made avail13 able under this Act for each fiscal year, the Secretary may 

14 reserve— 

15 (1) 5 percent of the amount to carry out the ac16 tivities described in section 9; and 

17 (2) from the remainder— 

18 (A) not more than 10 percent of the re19 mainder to award grants under section 8; and 

20 (B) not more than $1,000,000 to carry out 

21 the review of applications for, selection of re22 cipients of, and distribution of, grants to State 

23 educational agencies and eligible entities under 

24 sections 5 and 8. 


erowe on PROD1PC71 with BILLS
10 

•S 3431 IS 

1 SEC. 5. GRANTS TO STATE EDUCATIONAL AGENCIES. 

2 (a) GRANTS.— 

3 (1) IN GENERAL.—The Secretary is authorized 

4 to award grants to State educational agencies on a 

5 competitive basis to assist the agencies in developing 

6 State expanded learning time and school redesign 

7 grant programs in accordance with this Act, which 

8 shall involve awarding subgrants on a competitive 

9 basis to eligible entities in accordance with this Act, 

10 to plan and implement expanded learning time ini11 tiatives. 

12 (2) DISTRIBUTION.—The Secretary shall ensure 

13 that grants awarded under this section and section 

14 8 are distributed to State educational agencies and 

15 eligible entities from diverse geographical regions 

16 and from a diverse group of States with a range of 

17 sizes and populations. 

18 (b) DURATION.—The Secretary shall award each 

19 grant described in subsection (a) for a period of 6 years, 

20 and may renew each grant for additional periods of not 

21 more than 6 years. 

22 (c) APPLICATIONS.—A State educational agency that 

23 desires to receive a grant under this section shall submit 

24 an application to the Secretary at such time and in such 

25 manner as the Secretary may require, containing— 


erowe on PROD1PC71 with BILLS
11 

•S 3431 IS 

1 (1) a description of how the State educational 

2 agency will use grant funds under this section; 

3 (2) a description of the peer review process and 

4 selection criteria the State educational agency will 

5 use to evaluate applications from, and select, eligible 

6 entities to receive expanded learning time and school 

7 redesign planning and implementation subgrants, 

8 which shall include a description of how the State 

9 educational agency will assess the capacity of eligible 

10 entities to plan and implement, and the effectiveness 

11 of eligible entities in planning and implementing, ex12 panded learning time initiatives; 

13 (3) a description of the process the State edu14 cational agency will use to encourage local edu15 cational agencies and schools to implement expanded 

16 learning time initiatives; 

17 (4) a description of how the State educational 

18 agency will provide technical assistance and support 

19 to eligible entities, local educational agencies, and 

20 schools receiving funds through the State edu21 cational agency under this Act, in implementing ex22 panded learning time initiatives, including— 

23 (A) assisting the local educational agencies 

24 in identifying potential partners that are exter25 nal organizations with demonstrated experience 


erowe on PROD1PC71 with BILLS
12 

•S 3431 IS 

1 in expanding learning opportunities and helping 

2 schools redesign their educational programs to 

3 better meet student needs; and 

4 (B) assisting the eligible entities, local edu5 cational agencies, and schools in collecting, re6 viewing, and analyzing data on student aca7 demic achievement; 

8 (5) an assurance that each school receiving 

9 funds through the State educational agency under 

10 this Act— 

11 (A) will implement an expanded learning 

12 time initiative that meets the requirements in 

13 the definition in section 3(a)(4); and 

14 (B)(i) in the case of a school that is not 

15 a high school, will expand learning time for all 

16 students in all grade levels in the school; or 

17 (ii) in the case of a high school, will ex18 pand learning time for not less than 1 entire 

19 grade level of students in the school, and if the 

20 school expands learning time for additional stu21 dents under this Act, will expand learning time 

22 for additional entire grade levels; 

23 (6) a description of how the State educational 

24 agency will use the expanded learning time and 

25 school redesign grant program involved, and lessons 


erowe on PROD1PC71 with BILLS
13 

•S 3431 IS 

1 learned from such program, to improve student aca2 demic achievement in schools that have not made 

3 adequate yearly progress under section 1111(b)(2) 

4 of the Elementary and Secondary Education Act of 

5 1965 (20 U.S.C. 6311(b)(2)) for 2 or more years; 

6 (7) a description of how the State educational 

7 agency will evaluate, on a regular basis, activities 

8 carried out by eligible entities receiving funds 

9 through the State educational agency under this Act, 

10 including a description of any measures, in addition 

11 to those described in section 9(b)(3)— 

12 (A) on which the State educational agency 

13 will require eligible entities to report results; 

14 and 

15 (B) that the State educational agency will 

16 use for its evaluation; 

17 (8) a description of how the State educational 

18 agency will collect, analyze, and disseminate, to local 

19 educational agencies and other schools within the 

20 State, information on best practices learned from 

21 schools receiving funding under this Act; 

22 (9) an assurance that the State educational 

23 agency, and any eligible entity receiving funds 

24 through the State educational agency under this Act 


erowe on PROD1PC71 with BILLS
14 

•S 3431 IS 

1 will, if requested, participate in the evaluation under 

2 section 9(b)(4); and 

3 (10) any other information that the Secretary 

4 may reasonably require. 

5 (d) AUTHORIZED ACTIVITIES.— 

6 (1) DISTRIBUTION.—A State educational agen7 cy that receives a grant under this section— 

8 (A) may reserve not more than 15 percent 

9 of the grant funds to carry out the activities de10 scribed in paragraphs (2) through (4); and 

11 (B) shall use an amount consisting of not 

12 less than 85 percent of the grant funds to 

13 award subgrants, on a competitive basis, to eli14 gible entities under section 6 or 7 to enable the 

15 eligible entities to carry out the authorized ac16 tivities described in section 6(e) or 7(f), except 

17 that not more than 10 percent of that amount 

18 shall be used for subgrants under section 6. 

19 (2) STATE-LEVEL PLANNING AND ADMINISTRA20 TION.—A State educational agency that receives a 

21 grant under this section may use grant funds re22 served under paragraph (1)(A) for planning and ad23 ministration, including— 

24 (A) evaluating applications from eligible 

25 entities; 


erowe on PROD1PC71 with BILLS
15 

•S 3431 IS 

1 (B) administering the distribution of sub2 grants to eligible entities; and 

3 (C) assessing and evaluating, on a regular 

4 basis, activities carried out by eligible entities 

5 receiving funds through the State educational 

6 agency under this Act. 

7 (3) TECHNICAL ASSISTANCE FOR ELIGIBLE EN8 TITIES.—A State educational agency that receives a 

9 grant under this section may use grant funds re10 served under paragraph (1)(A) for technical assist11 ance, including— 

12 (A) assisting eligible entities in planning 

13 and implementing expanded learning time ini14 tiatives, including assisting local educational 

15 agencies in identifying potential partners that 

16 are external organizations with demonstrated 

17 experience in expanding learning opportunities 

18 and helping schools redesign their educational 

19 programs to better meet student needs; and 

20 (B) implementing a program of profes21 sional development for teachers and administra22 tors, in schools that receive funding under this 

23 Act, that prepares teachers and administrators 

24 to implement the authorized activities described 

25 in section 7(f). 


erowe on PROD1PC71 with BILLS
16 

•S 3431 IS 

1 (4) REPORTING.—A State educational agency 

2 that receives a grant under this section shall annu3 ally prepare and submit to the Secretary a report on 

4 the implementation of expanded learning time initia5 tives under this Act, which shall include reports sub6 mitted under section 7(h). 

7 (e) MATCH.— 

8 (1) IN GENERAL.—Each State educational 

9 agency that receives a grant under this section shall 

10 provide matching funds to carry out the activities 

11 supported by the grant in an amount not less 

12 than— 

13 (A) for the first year of an initial grant 

14 under this section, 10 percent of the cost of the 

15 activities; 

16 (B) for the second year of such a grant, 20 

17 percent of the cost of the activities; 

18 (C) for the third or fourth year of such a 

19 grant, 25 percent of the cost of the activities; 

20 and 

21 (D) for the fifth year of such a grant or 

22 any year of a subsequent grant under this sec23 tion, 30 percent of the cost of the activities. 

24 (2) MATCHING FUNDS.—The State educational 

25 agency may provide the matching funds in cash or 


erowe on PROD1PC71 with BILLS
17 

•S 3431 IS 

1 in kind, fairly evaluated, including plant, equipment, 

2 or services, but may not provide more than 50 per3 cent of the matching funds in kind. The State edu4 cational agency may provide the matching funds 

5 from State, local, or private sources. 

6 (f) SUPPLEMENT NOT SUPPLANT.—Funds used to 

7 make grants under this Act shall be used to supplement 

8 and not supplant other Federal, State, and local public 

9 funds expended to plan or implement expanded learning 

10 time initiatives. 

11 SEC. 6. EXPANDED LEARNING TIME AND SCHOOL REDE12 SIGN PLANNING SUBGRANTS. 

13 (a) SUBGRANTS AUTHORIZED.—A State educational 

14 agency receiving a grant under section 5 is authorized to 

15 award expanded learning time and school redesign plan16 ning subgrants, on a competitive basis, to eligible entities. 

17 (b) DURATION.—The State educational agency shall 

18 award each subgrant described in subsection (a) for a pe19 riod of not more than 1 year. Such grants shall be non20 renewable. 

21 (c) SUBGRANT AMOUNT.—The State educational 

22 agency shall award each subgrant described in subsection 

23 (a) in an amount that is not less than $15,000 and not 

24 more than $60,000. 


erowe on PROD1PC71 with BILLS
18 

•S 3431 IS 

1 (d) APPLICATIONS.—An eligible entity that desires to 

2 receive an expanded learning time and school redesign 

3 planning subgrant pursuant to this section shall submit 

4 an application to the State educational agency at such 

5 time and in such manner as the agency may require, con6 taining— 

7 (1) a description of the eligible entity’s proposal 

8 to establish expanded learning time initiatives at 

9 high-need schools served by the eligible entity; 

10 (2) information identifying the number of high11 need schools the eligible entity proposes to serve 

12 using funds made available under this Act, and a de13 scription of the process, considerations, and criteria 

14 the eligible entity will use to select schools to imple15 ment the expanded learning time initiatives— 

16 (A) which considerations shall include the 

17 percentage of low-income students attending 

18 each school; and 

19 (B) which criteria shall include the local 

20 educational agency’s determination of the ca21 pacity of each school to implement successfully 

22 a proposed expanded learning time initiative; 

23 (3) if the eligible entity receives a subgrant 

24 under section 7, an assurance that each school re25 ceiving funding through the subgrant will implement 


erowe on PROD1PC71 with BILLS
19 

•S 3431 IS 

1 an expanded school day, expanded school week, or 

2 expanded school year schedule; 

3 (4) if the eligible entity receives a subgrant 

4 under section 7, an assurance that each school re5 ceiving funding through the subgrant— 

6 (A) in the case of a school that is not a 

7 high school, will expand learning time for all 

8 students in all grade levels in the school; or 

9 (B) in the case of a high school, will ex10 pand learning time for not less than 1 entire 

11 grade level of students in the school, and if the 

12 school expands learning time for additional stu13 dents under this Act, will expand learning time 

14 for additional entire grade levels; 

15 (5) a description of the process by which the el16 igible entity will ensure the meaningful involvement 

17 of teachers, teacher organizations, parents, and com18 munity-based organizations in the development of 

19 the expanded learning time initiatives; 

20 (6) a description of how the local educational 

21 agency involved and participating high-need schools 

22 will work with external organizations that comprise 

23 the eligible entity involved, and any other external 

24 organizations as applicable, such as a community25 based organization, an institution of higher eduVerDate Aug 31 2005 03:52 Aug 06, 2008 Jkt 069200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\S3431.IS S3431

erowe on PROD1PC71 with BILLS
20 

•S 3431 IS 

1 cation, a community learning center, an entity car2 rying out an after-school program, or an organiza3 tion that will provide students with internships and 

4 work-based learning opportunities, to develop and 

5 implement expanded learning time initiatives; 

6 (7) an assurance that the eligible entity has the 

7 infrastructure in place to collect the data necessary 

8 for an evaluation of the impact of the expanded 

9 learning time initiatives on measures of student aca10 demic achievement and student engagement and suc11 cess, and other measures described in section 

12 9(b)(3), to be submitted in the report described in 

13 section 7(h); and 

14 (8) an assurance that each participating local 

15 educational agency will use the subgrant period to 

16 negotiate and reach an agreement with the exclusive 

17 recognized representatives of the employees of each 

18 participating high-need school served by the agency 

19 or, where there is no such representative, with the 

20 employees of each participating high-need school 

21 served by the agency. 

22 (e) AUTHORIZED ACTIVITIES.—An eligible entity re23 ceiving a subgrant under this section shall use the 

24 subgrant funds to develop a detailed plan to implement 


erowe on PROD1PC71 with BILLS
21 

•S 3431 IS 

1 expanded learning time initiatives at high-need schools 

2 served by the eligible entities as specified in this section. 

3 (f) PRIORITY.—In awarding subgrants under this 

4 section, a State educational agency shall give priority to 

5 an application from an eligible entity if— 

6 (1) for each local educational agency in the eli7 gible entity, a high percentage of the students served 

8 by the local educational agency are eligible to be 

9 counted under section 1124(c)(1)(A) of the Elemen10 tary and Secondary Education Act of 1965 (20 

11 U.S.C. 6333(c)(1)(A)); and 

12 (2) the eligible entity includes a community13 based organization, an institution of higher edu14 cation, a community learning center, or an entity 

15 carrying out an after-school program. 

16 SEC. 7. EXPANDED LEARNING TIME AND SCHOOL REDE17 SIGN IMPLEMENTATION SUBGRANTS. 

18 (a) SUBGRANTS AUTHORIZED.—A State educational 

19 agency receiving a grant under section 5 is authorized to 

20 award expanded learning time and school redesign imple21 mentation subgrants, on a competitive basis, to eligible en22 tities that have received subgrants pursuant to section 6. 

23 (b) DURATION.—The State educational agency shall 

24 award each subgrant described in subsection (a) for a peVerDate Aug 31 2005 03:52 Aug 06, 2008 Jkt 069200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\S3431.IS S3431

erowe on PROD1PC71 with BILLS
22 

•S 3431 IS 

1 riod of not less than 5 years, and may renew each 

2 subgrant for additional periods of not more than 5 years. 

3 (c) SUBGRANT AMOUNT.—In awarding a subgrant 

4 described in subsection (a) to an eligible entity, a State 

5 educational agency shall determine the amount of the 

6 subgrant by taking into account the number of students 

7 expected to participate in the expanded learning time ini8 tiatives involved, as specified in the application submitted 

9 by the eligible entity under subsection (d), and the approx10 imate per student cost of implementing a high-quality ex11 panded learning time initiative. 

12 (d) APPLICATIONS.—An eligible entity that desires to 

13 receive an expanded learning time and school redesign im14 plementation subgrant pursuant to this section shall sub15 mit an application to the State educational agency at such 

16 time and in such manner as the agency may require, con17 taining— 

18 (1) an identification and description of each 

19 high-need school (selected in accordance with the 

20 process, considerations, and criteria described in sec21 tion 6(d)(2)) that will receive funding from the eligi22 ble entity to participate in an expanded learning 

23 time initiative, including information identifying the 

24 grade levels at the school for which the expanded 

25 learning time initiative will be implemented (which 


erowe on PROD1PC71 with BILLS
23 

•S 3431 IS 

1 shall be the grade levels described in paragraph (1) 

2 or (2), as appropriate, of subsection (g)), the num3 ber of students that will be served through the ini4 tiative at the school, and student academic achieve5 ment, demographic, and socioeconomic data for stu6 dents at the school; 

7 (2) a description of how the eligible entity will 

8 implement at each such school an expanded learning 

9 time initiative that involves an expanded school day, 

10 expanded school week, or expanded school year 

11 schedule, and that involves comprehensive rede12 signing of the school day, school week, or school 

13 year, as applicable, consistent with section 3(a)(4), 

14 which description shall include— 

15 (A) a description of how the expanded 

16 learning time schedule will expand learning 

17 time by not less than 30 percent, consistent 

18 with section 3(a)(4); and 

19 (B) a description of how the eligible entity 

20 will meet each of the other requirements of the 

21 definition in section 3(a)(4); 

22 (3) a description of the plan the eligible entity 

23 will use to evaluate, on an annual basis, the impact 

24 of each expanded learning time initiative on meas25 ures of student academic achievement and student 


erowe on PROD1PC71 with BILLS
24 

•S 3431 IS 

1 engagement and success, and other appropriate 

2 measures; 

3 (4) a description of the additional subjects and 

4 enrichment activities that will be offered at each 

5 such school that contribute to a well-rounded edu6 cation, which may include music and the arts, phys7 ical education, drama, service-learning, and experien8 tial and work-based learning opportunities (such as 

9 community service, learning apprenticeships, intern10 ships, and job shadowing); 

11 (5) a comprehensive plan, developed in collabo12 ration with teachers and, as appropriate, other staff, 

13 for professional development at each such school 

14 that includes a description of intended changes in 

15 teaching practices and curriculum delivery that will 

16 result in improved student academic achievement 

17 and student engagement and success; 

18 (6) a description of how the eligible entity will 

19 use the expanded learning time initiatives, and les20 sons learned from such initiatives, to improve stu21 dent academic achievement in schools that have not 

22 made adequate yearly progress under section 

23 1111(b)(2) of the Elementary and Secondary Edu24 cation Act of 1965 (20 U.S.C. 6311(b)(2)) for 2 or 

25 more consecutive years; 


erowe on PROD1PC71 with BILLS
25 

•S 3431 IS 

1 (7) a description of school staffing for each 

2 such school, including an assurance that the local 

3 educational agency is implementing a plan sufficient 

4 to meet the goal of ensuring all teachers of core aca5 demic subjects are highly qualified; 

6 (8) evidence of an agreement reached between 

7 each participating local educational agency and the 

8 exclusive recognized representatives of the employees 

9 of each participating high-need school served by the 

10 agency, for employees to work the expanded learning 

11 time schedules involved or, where there is no such 

12 representative, evidence of an agreement supported 

13 by at least two-thirds of the employees of each par14 ticipating high-need school served by the agency, to 

15 work the expanded learning time schedules involved; 

16 (9) a description of how the local educational 

17 agency involved and participating high-need schools 

18 will work with external organizations that comprise 

19 the eligible entity involved, and any other external 

20 organizations as applicable, such as a community21 based organization, an institution of higher edu22 cation, a community learning center, an entity car23 rying out an after-school program, or an organiza24 tion that will provide students with internships and 

25 work-based learning opportunities, to implement exVerDate Aug 31 2005 03:52 Aug 06, 2008 Jkt 069200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\S3431.IS S3431

erowe on PROD1PC71 with BILLS
26 

•S 3431 IS 

1 panded learning time initiatives, including a descrip2 tion of the specific roles and responsibilities of such 

3 external organizations; 

4 (10) a description of the process by which the 

5 eligible entity ensured the meaningful involvement of 

6 teachers, teacher organizations where applicable, ad7 ministrators, parents, and community-based organi8 zations in the development (including the design) of 

9 the expanded learning time initiatives; 

10 (11) an assurance that the eligible entity will 

11 work with a community learning center, or an entity 

12 carrying out an after-school program, where appro13 priate, to provide after-school programs for students 

14 participating in the expanded learning time initia15 tives after the conclusion of the school day; and 

16 (12) an assurance that the eligible entity will 

17 report to the State educational agency all data nec18 essary for the State educational agency’s report, 

19 under section 5(d)(4). 

20 (e) PRIORITY.—In awarding subgrants under this 

21 section, a State educational agency shall give priority to 

22 an application from an eligible entity that meets the cri23 teria described in section 6(f). 

24 (f) AUTHORIZED ACTIVITIES.—An eligible entity re25 ceiving a subgrant under this section shall use the 


erowe on PROD1PC71 with BILLS
27 

•S 3431 IS 

1 subgrant funds to implement high-quality expanded learn2 ing time initiatives, at high-need schools served by such 

3 eligible entity, that are consistent with section 3(a)(4). 

4 (g) STUDENT PARTICIPATION IN THE INITIATIVES.— 

5 For each school receiving funding under this Act— 

6 (1) in the case of a school that is not a high 

7 school, all students in all grade levels in the school 

8 shall be required to attend the school on the ex9 panded learning time schedule; and 

10 (2) in the case of a high school, all students in 

11 the grade levels in which the school expands learning 

12 time shall be required to attend the school on the ex13 panded learning time schedule. 

14 (h) REPORTS BY ELIGIBLE ENTITIES.—Each eligible 

15 entity receiving a subgrant under this section for expanded 

16 learning time initiatives shall, not later than 1 year after 

17 the first day of the first school year in which the expanded 

18 learning time initiatives were implemented, prepare and 

19 submit to the State educational agency a report regard20 ing— 

21 (1) the extent to which the proposal for the ex22 panded learning time initiatives was carried out; 

23 (2) the technical assistance the eligible entity 

24 provided to expanded learning time schools; 

25 (3) for each expanded learning time school— 


erowe on PROD1PC71 with BILLS
28 

•S 3431 IS 

1 (A) the budget for, and actual expenses as2 sociated with carrying out, the expanded learn3 ing time initiatives in the first school year; and 

4 (B) the amount of time by which the 

5 school day, school week, or school year, was ex6 panded in the school; and 

7 (4) information on the impact of the expanded 

8 learning time initiatives, including data on the meas9 ures described in section 9(b)(3) and (for secondary 

10 schools) graduation rates (and any additional meas11 ures developed by the eligible entity or associated 

12 State educational agency under section 5(c)(7) or 

13 this subsection, with respect to the eligible entity), 

14 for students participating in the expanded learning 

15 time initiatives and for similar students in schools, 

16 sewed by the local educational agencies involved, 

17 that did not implement expanded learning time ini18 tiatives. 

19 (i) PUBLICATION AND AVAILABILITY OF REPORT

20 SUMMARIES.—The Secretary shall publish and make wide21 ly available to the public, including through a website or 

22 other means, a summary of the eligible entity reports re23 ceived under section 5(d)(4) and subsection (h). 


erowe on PROD1PC71 with BILLS
29 

•S 3431 IS 

1 SEC. 8. GRANTS TO ELIGIBLE ENTITIES. 

2 (a) IN GENERAL.—The Secretary may award a grant 

3 under this section to an eligible entity that serves 1 or 

4 more areas within 1 or more States. 

5 (b) PLANNING AND IMPLEMENTATION GRANTS.— 

6 The Secretary may award a planning grant under sub7 section (a), to the eligible entity, to carry out the activities 

8 described in section 6(e). In the case of an eligible entity 

9 that has received a planning grant under subsection (a), 

10 the Secretary may award an implementation grant under 

11 subsection (a) to the eligible entity, to carry out the activi12 ties described in section 7(f). 

13 (c) APPLICATIONS.—To be qualified to receive a 

14 grant under subsection (a), an eligible entity shall submit 

15 to the Secretary an application that contains (for a plan16 ning grant) information describing how the entity will un17 dertake the activities described in section 5(c)(8) and the 

18 information described in section 6(d) and (for an imple19 mentation grant) the information described in section 

20 7(d), other than paragraph (12) of that section. In deter21 mining whether to award a grant under subsection (a) to 

22 an eligible entity, the Secretary shall give priority to an 

23 eligible entity that meets the criteria described in section 

24 6(f). 


erowe on PROD1PC71 with BILLS
30 

•S 3431 IS 

1 (d) PERIOD; AMOUNT.—The subgrant period and 

2 amount described in subsections (b) and (c) of section 6 

3 or 7, as appropriate, shall apply to the grant. 

4 (e) AUTHORITIES; RESPONSIBILITIES.—The eligible 

5 entity shall have the same authorities and responsibilities 

6 under this Act as an eligible entity that receives a 

7 subgrant under section 6 or 7, as appropriate. In carrying 

8 out the report responsibilities described in section 7(h), 

9 the eligible entity shall submit the reports to the Sec10 retary. 

11 (f) MATCH.— 

12 (1) IN GENERAL.—Each eligible entity that re13 ceives an implementation grant under this section 

14 shall comply with the matching requirements de15 scribed in section 5(e)(1), except that references in 

16 that section to a grant under section 5 shall be con17 sidered to be references to an implementation grant 

18 under this section. 

19 (2) MATCHING FUNDS.—The eligible entity may 

20 provide the matching funds in cash or in kind, fairly 

21 evaluated, including plant, equipment, or services, 

22 but may not provide more than 50 percent of the 

23 matching funds in kind. The eligible entity may pro24 vide the matching funds from State, local, or private 

25 sources, or Federal sources under the Elementary 


erowe on PROD1PC71 with BILLS
31 

•S 3431 IS 

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

2 6301 et seq.). 

3 SEC. 9. NATIONAL ACTIVITIES. 

4 (a) TECHNICAL ASSISTANCE AND SUPPORT.— 

5 (1) IN GENERAL.—The Secretary is authorized 

6 to provide, directly or by entering into a contract 

7 with an independent organization, technical assist8 ance to State educational agencies, eligible entities, 

9 including eligible entities receiving grants under sec10 tion 8, local educational agencies, and schools in de11 veloping and implementing expanded learning time 

12 initiatives under this Act. 

13 (2) PROVISION OF ASSISTANCE.—The Secretary 

14 or such organization shall provide technical assist15 ance that shall include— 

16 (A) assisting State educational agencies 

17 (and eligible entities receiving grants under sec18 tion 8, at the election of the Secretary) with de19 veloping expanded learning time initiatives, in20 cluding disseminating information and research 

21 on existing State and local expanded learning 

22 time efforts; 

23 (B) annually convening participating State 

24 educational agencies, eligible entities, and orga25 nizations providing support to State educational 


erowe on PROD1PC71 with BILLS
32 

•S 3431 IS 

1 agencies and eligible entities to provide tech2 nical assistance to the agencies, entities, and 

3 organizations on best practices, for expanding 

4 learning time, that relate to finance, edu5 cational programming, partnerships with com6 munity-based organizations, and measures of 

7 student academic achievement and student en8 gagement and success and other appropriate 

9 measures; 

10 (C) identifying and disseminating informa11 tion about eligible entities, local educational 

12 agencies, and schools that have effectively 

13 planned and implemented expanded learning 

14 time initiatives; and 

15 (D) supporting the continued identification 

16 and dissemination of information on expanded 

17 learning time initiatives that can lead to im18 proved teaching and learning outcomes for chil19 dren, youth, and adults. 

20 (b) EVALUATION AND DISSEMINATION.— 

21 (1) IN GENERAL.—The Secretary shall enter 

22 into a contract with an independent organization 

23 with expertise in school improvement, program eval24 uation, and measurement (such as an institution of 

25 higher education or other research organization) to 


erowe on PROD1PC71 with BILLS
33 

•S 3431 IS 

1 assist with the provision of the technical assistance, 

2 and conduct the evaluation and analyses, described 

3 in this subsection. 

4 (2) TECHNICAL ASSISTANCE ON DATA COLLEC5 TION AND MEASURES.—The independent organiza6 tion shall provide technical assistance to State edu7 cational agencies and eligible entities receiving funds 

8 under this Act with data collection and analysis of 

9 the measures described in paragraph (3), including 

10 data collection and analysis to enable State edu11 cational agencies to prepare reports pursuant to sec12 tion 5(d)(4) and eligible entities to prepare reports 

13 pursuant to sections 7(h) (including reports de14 scribed in section 8(e)). 

15 (3) TYPES OF MEASURES.— 

16 (A) IN GENERAL.—A State educational 

17 agency shall establish measures to assess the 

18 success of eligible entities and schools receiving 

19 funds through such State educational agency 

20 under this Act, which shall include— 

21 (i) measures of student academic 

22 achievement and student engagement and 

23 success; 

24 (ii) measures of teacher collaboration 

25 and professional planning; and 


erowe on PROD1PC71 with BILLS
34 

•S 3431 IS 

1 (iii) detailed measures of the amount 

2 of time devoted to core academic subjects 

3 and additional subjects and enrichment ac4 tivities. 

5 (B) SPECIAL RULE FOR ELIGIBLE ENTI6 TIES RECEIVING GRANTS UNDER SECTION 8.— 

7 If an eligible entity receives a grant under sec8 tion 8, the eligible entity shall establish meas9 ures in lieu of a State educational agency under 

10 subparagraph (A) to assess the success of the 

11 eligible entity and schools receiving funds 

12 through the eligible entity under this Act. 

13 (4) REPORT.— 

14 (A) IN GENERAL.—The independent orga15 nization shall prepare a report that shall in16 clude the evaluation described in subparagraph 

17 (B), including the analyses described in sub18 paragraph (C), and the analyses described in 

19 subparagraph (D). 

20 (B) EVALUATION.—The independent orga21 nization shall conduct an evaluation of the im22 pact and implementation of the program funded 

23 under this Act, which evaluation shall rely in 

24 part on the reports prepared by States under 

25 section 5(d)(4) and eligible entities pursuant to 


erowe on PROD1PC71 with BILLS
35 

•S 3431 IS 

1 sections 7(h) (including reports described in 

2 section 8(e)). 

3 (C) CONTENTS.—In conducting the evalua4 tion, the independent organization shall conduct 

5 an analysis of the impact of the expanded learn6 ing time initiatives funded under this Act, by 

7 analyzing data on the measures described in 

8 paragraph (3) and other appropriate measures 

9 for students participating in expanded learning 

10 time initiatives in all expanded learning time 

11 schools, with results from that analysis 

12 disaggregated by expanded school day, ex13 panded school week, or expanded school year 

14 program, as appropriate. 

15 (D) ANALYSES.—The independent organi16 zation shall conduct— 

17 (i) an analysis of how variation in 

18 school design, instructional practices, and 

19 other conditions influence the success of 

20 the implementation of the expanded learn21 ing time initiatives; 

22 (ii) an analysis of the conditions and 

23 activities that impact the planning and im24 plementation of the expanded learning time 

25 initiatives, including teaching and leaderVerDate Aug 31 2005 03:52 Aug 06, 2008 Jkt 069200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\S3431.IS S3431

erowe on PROD1PC71 with BILLS
36 

•S 3431 IS 

1 ship practices at a school, student and 

2 teacher schedules, the additional costs of 

3 operating an expanded learning time 

4 school, how the additional school hours re5 quired for the initiative involved are used 

6 to enhance teaching and learning, and how 

7 external organizations are utilized for the 

8 initiative; 

9 (iii) an analysis of the similarities and 

10 differences in the ways in which schools 

11 implemented an expanded school day, ex12 panded school week, or expanded school 

13 year schedule; and 

14 (iv) any other analysis requested by 

15 the Secretary. 

16 (5) DISSEMINATION.—The independent organi17 zation shall submit the report described in para18 graph (4) to Congress and the Secretary, and dis19 seminate the report to the general public. The Sec20 retary shall ensure that the report described in para21 graph (4) is provided to eligible entities and local 

22 educational agencies on a periodic basis for use in 

23 improving initiatives. 


erowe on PROD1PC71 with BILLS
37 

•S 3431 IS 

1 SEC. 10. CONSTRUCTION. 

2 Nothing in this Act shall be construed to alter or oth3 erwise affect the rights, remedies, and procedures afforded 

4 to the employees of local educational agencies under Fed5 eral, State, or local law (including applicable regulations 

6 or court orders) or under the terms of collective bar7 gaining agreements, memoranda of understanding, or 

8 other agreements between such employees and their em9 ployers. 

10 SEC. 11. AUTHORIZATION OF APPROPRIATIONS. 

11 There are authorized to be appropriated to carry out 

12 this Act $350,000,000 for fiscal year 2009, $380,000,000 

13 for fiscal year 2010, $420,000,000 for fiscal year 2011, 

14 $460,000,000 for fiscal year 2012, and $500,000,000 for 

15 fiscal year 2013. 

Æ 


erowe on PROD1PC71 with BILLS