I 

111TH CONGRESS 

2D SESSION H. R. 5586 

To support high-achieving, educationally disadvantaged elementary school 

students in high-need local educational agencies, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 23, 2010 

Mr. PAYNE (for himself, Mr. GUTHRIE, and Mr. POLIS of Colorado) introduced the following bill; which was referred to the Committee on Education and Labor 

A BILL 

To support high-achieving, educationally disadvantaged elementary school students in high-need local educational 

agencies, 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 ‘‘Equity in Excellence 

5 Act of 2010’’. 

6 SEC. 2. EQUITY IN EXCELLENCE GRANTS. 

7 (a) IN GENERAL.—Title I of the Elementary and 

8 Secondary Education Act of 1965 (20 U.S.C. 6301 et 

9 seq.) is amended— 


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1 (1) by redesignating part I as part J; and 

2 (2) by inserting after section 1830 the fol3 lowing: 

4 ‘‘PART I—EQUITY IN EXCELLENCE GRANTS 

5 ‘‘SEC. 1841. PURPOSE. 

6 ‘‘The purpose of this part is to support high-need 

7 local educational agencies to develop programs that ensure 

8 that the rate of growth in academic achievement of high9 achieving, educationally disadvantaged students in grades 

10 1 through 4 who are served by the high-need local edu11 cational agencies is comparable to that of such students’ 

12 more advantaged, high-achieving peers. 

13 ‘‘SEC. 1842. DEFINITIONS. 

14 ‘‘In this part: 

15 ‘‘(1) COHORT.—The term ‘cohort’ means a 

16 group of high-achieving students in any of grades 1 

17 through 4 who attend schools served by the same 

18 local educational agency. 

19 ‘‘(2) EDUCATIONALLY DISADVANTAGED STU20 DENT.—The term ‘educationally disadvantaged stu21 dent’ means a student who is from a low-income 

22 family, as determined by the measure of poverty 

23 used for the purposes of section 1113(a)(5) by the 

24 local educational agency serving the student. 


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1 ‘‘(3) ELIGIBLE ENTITY.—The term ‘eligible en2 tity’ means— 

3 ‘‘(A) a high-need local educational agency; 

4 ‘‘(B) a consortium of local educational 

5 agencies that includes a high-need local edu6 cational agency; or 

7 ‘‘(C) an eligible partnership. 

8 ‘‘(4) ELIGIBLE PARTNERSHIP.—The term ‘eligi9 ble partnership’ means a partnership consisting of— 

10 ‘‘(A) not less than 1 eligible high-need 

11 local educational agency; and 

12 ‘‘(B) not less than 1 institution of higher 

13 education, or nonprofit organization, with sig14 nificant expertise in educating students with 

15 gifts and talents. 

16 ‘‘(5) HIGH-ACHIEVING.—The term ‘high-achiev17 ing’, when used with respect to a student, means a 

18 student who— 

19 ‘‘(A) based on a valid and reliable assess20 ment administered upon the student’s entry 

21 into grade 1, is performing academically in the 

22 top 10 percent of the students entering grade 

23 1 at the school, for any subgroup described in 

24 section 1111(b)(2)(C)(v)(II) that includes the 

25 student; or 


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1 ‘‘(B) is identified by the local educational 

2 agency or elementary school for gifted edu3 cation services through teacher or family refer4 rals. 

5 ‘‘(6) HIGH-NEED LOCAL EDUCATIONAL AGEN6 CY.—The term ‘high-need local educational agency’ 

7 means a local educational agency that meets the re8 quirements of section 2102(3)(A). 

9 ‘‘SEC. 1843. EQUITY IN EXCELLENCE GRANTS. 

10 ‘‘(a) PROGRAM AUTHORIZED.— 

11 ‘‘(1) IN GENERAL.—From amounts appro12 priated to carry out this part and not reserved under 

13 section 1845(b)(2), the Secretary is authorized to 

14 award demonstration grants, on a competitive basis, 

15 to eligible entities to enable the eligible entities to 

16 develop targeted interventions and academic services 

17 to ensure that, among the students served by high18 need local educational agencies, the rate of growth 

19 in academic achievement of the cohort of high20 achieving, educationally disadvantaged students is 

21 comparable to the cohort of such students’ more ad22 vantaged, high-achieving peers. 

23 ‘‘(2) DURATION.—A grant awarded under this 

24 part shall be for a period of not more than 3 years 

25 and may be extended by the Secretary for an addiVerDate Mar 15 2010 03:37 Jun 24, 2010 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5586.IH H5586

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1 tional 2 years, in accordance with section 

2 1845(a)(2). 

3 ‘‘(b) APPLICATION.—An eligible entity desiring a 

4 grant under this part shall submit an application to the 

5 Secretary at such time, in such manner, and containing 

6 such information as the Secretary may require. 

7 ‘‘SEC. 1844. AUTHORIZED USE OF FUNDS. 

8 ‘‘An eligible entity receiving a grant under this part 

9 shall use grant funds to carry out, for the cohorts of high10 achieving students served by the high-need local edu11 cational agency participating in the eligible entity, all of 

12 the following activities: 

13 ‘‘(1) Ensuring that assessments provide diag14 nostic information that informs instruction for high15 achieving students. 

16 ‘‘(2) Implementing evidence-based, innovative 

17 educational strategies, such as enrichment programs 

18 and academic acceleration strategies, designed to 

19 maximize the learning of high-potential and high20 achieving students. 

21 ‘‘(3) Procuring or utilizing high-quality instruc22 tional materials. 

23 ‘‘(4) Carrying out training and professional de24 velopment for school personnel involved in the teach25 ing of high-achieving, educationally disadvantaged 


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1 students, such as instructional staff, principals, 

2 counselors, and psychologists. 

3 ‘‘(5) Conducting education and training for par4 ents of high-achieving, educationally disadvantaged 

5 students to support educational excellence for such 

6 students. 

7 ‘‘SEC. 1845. REPORTS AND DATA COLLECTION. 

8 ‘‘(a) THIRD-YEAR REPORT.— 

9 ‘‘(1) IN GENERAL.—At the end of the third 

10 year of a grant under this part, the eligible entity 

11 receiving such grant shall prepare, and submit to the 

12 Secretary, a report regarding— 

13 ‘‘(A) how grant funds were expended; and 

14 ‘‘(B) the outcomes produced by the grant. 

15 ‘‘(2) REVIEW.—Upon review of a third-year re16 port submitted by an eligible entity under paragraph 

17 (1), the Secretary may extend a grant awarded 

18 under this part for not more than 2 more years 

19 based on the eligible entity’s performance. 

20 ‘‘(b) DATA COLLECTION.— 

21 ‘‘(1) IN GENERAL.—The Secretary, acting 

22 through the Director of the Institute of Education 

23 Sciences, shall— 

24 ‘‘(A) collect data annually comparing longi25 tudinal achievement levels of the cohorts of 


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1 high-achieving, educationally disadvantaged stu2 dents served by a grant under this part with 

3 such students’ more advantaged peers; and 

4 ‘‘(B) release such data for analysis by 

5 independent research institutions. 

6 ‘‘(2) RESERVATION.—The Secretary may re7 serve not more than 1 percent of the total amount 

8 appropriated for this part to carry out subsection 

9 (a). 

10 ‘‘SEC. 1846. RULE OF CONSTRUCTION. 

11 ‘‘Nothing in this part shall be construed to prohibit 

12 a recipient of a grant under this part from serving high13 achieving, educationally disadvantaged students simulta14 neously with students with similar educational needs in 

15 the same educational settings, where appropriate.’’. 

16 (b) CONFORMING AMENDMENTS.—The Elementary 

17 and Secondary Education Act of 1965 (20 U.S.C. 6301 

18 et seq.) is further amended— 

19 (1) in the table of contents in section 2— 

20 (A) by striking the item relating to part I 

21 and inserting the following: 

‘‘PART J—GENERAL PROVISIONS’’; 

22 and 

23 (B) by inserting after the item relating to 

24 section 1830 the following: 

‘‘PART I—EQUITY IN EXCELLENCE GRANTS


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‘‘Sec. 1841. Purpose. 

‘‘Sec. 1842. Definitions. 

‘‘Sec. 1843. Equity in excellence grants. 

‘‘Sec. 1844. Authorized use of funds. 

‘‘Sec. 1845. Reports and data collection. 

‘‘Sec. 1846. Rule of construction.’’; 

1 (2) in section 1304(c)(2) (20 U.S.C. 

2 6394(c)(2)), by striking ‘‘part I’’ and inserting ‘‘part 

3 J’’; and 

4 (3) in section 1415(a)(2)(C) (20 U.S.C. 

5 6435(a)(2)(C)), by striking ‘‘part I’’ and inserting 

6 ‘‘part J’’. 

7 SEC. 3. AUTHORIZATION OF APPROPRIATIONS. 

8 Section 1002 of the Elementary and Secondary Edu9 cation Act of 1965 (20 U.S.C. 6302) is amended by add10 ing at the end the following: 

11 ‘‘(j) EQUITY IN EXCELLENCE GRANTS.—For the 

12 purpose of carrying out part I, there is authorized to be 

13 appropriated $50,000,000 for fiscal year 2011 and each 

14 of the 5 succeeding fiscal years.’’. 

Æ 


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