II 

110TH CONGRESS 

1ST SESSION S. 116 

To authorize resources to provide students with opportunities for summer 

learning through summer learning grants. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 4, 2007 

Mr. OBAMA (for himself and Ms. MIKULSKI) introduced the following bill; 

which was read twice and referred to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To authorize resources to provide students with opportunities 

for summer learning through summer learning grants. 

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 ‘‘Summer Term Edu5 cation Programs for Upward Performance Act of 2007’’ 

6 or the ‘‘STEP UP Act of 2007’’. 

7 SEC. 2. FINDINGS. 

8 Congress finds the following: 


bajohnson on PROD1PC77 with BILLS
2 

•S 116 IS

1 (1) All students experience learning losses when 

2 they do not engage in educational activities during 

3 the summer. 

4 (2) Students on average lose more than 1 

5 month’s worth of academic skills, and 2 months or 

6 more in mathematics facts and skills, during the 

7 summer. 

8 (3) The impact of summer learning loss is 

9 greatest for children living in poverty, for children 

10 with learning disabilities, and for children who do 

11 not speak English at home. 

12 (4) While middle-class children’s test scores pla13 teau or even rise during the summer months, scores 

14 plummet for children living in poverty. Disparities 

15 grow, so that reading scores of disadvantaged stu16 dents can fall more than 2 months behind the scores 

17 of their middle-class peers each summer during the 

18 elementary school years. 

19 (5) Summer learning losses by children living in 

20 poverty accumulate over the elementary school years, 

21 so that their achievement scores fall further and fur22 ther behind the scores of their more advantaged 

23 peers as the children progress through school. 

24 (6) Analysis by Professor Karl Alexander and 

25 his colleagues demonstrates that summer learning 


bajohnson on PROD1PC77 with BILLS
3 

•S 116 IS

1 differences during the elementary school years sub2 stantially account for achievement-related differences 

3 later in students’ lives, including rates of secondary 

4 school completion. 

5 (7) This summer slide is costly for American 

6 education. Analysis by Professor Harris Cooper and 

7 his colleagues demonstrates that over 2 months of 

8 instruction is lost each school year due to re-teach9 ing material from the previous year. 

10 (8) Analysis of summer learning programs 

11 using independent randomized controlled trials has 

12 demonstrated their impact and effectiveness. Stu13 dents participating in the BELL summer programs 

14 in Boston, New York, and Washington, DC, im15 proved their reading skills by approximately 1 

16 month, took part in more academic activities, read 

17 more books, and were encouraged to read more by 

18 their parents. A randomized, 3-year longitudinal 

19 study of the Teach Baltimore Summer Academy, de20 signed by the Center for Summer Learning, dem21 onstrates that students attending a multi-year sum22 mer intervention return to school having gained 

close to 1 23 ⁄2 year in reading comprehension and vo24 cabulary. 


bajohnson on PROD1PC77 with BILLS
4 

•S 116 IS

1 (9) Summer learning programs are proven to 

2 remedy, reinforce, and accelerate learning, and can 

3 serve to close the achievement gap in education. 

4 SEC. 3. PURPOSE. 

5 The purpose of this Act is to create opportunities for 

6 summer learning by providing summer learning grants to 

7 eligible students, in order to— 

8 (1) provide the students with access to summer 

9 learning; 

10 (2) facilitate the enrollment of students in ele11 mentary schools or youth development organizations 

12 during the summer; 

13 (3) promote collaboration between teachers and 

14 youth development professionals in order to bridge 

15 gaps between schools and youth programs; and 

16 (4) encourage teachers to try new techniques, 

17 acquire new skills, and mentor new colleagues. 

18 SEC. 4. DEFINITIONS. 

19 In this Act: 

20 (1) EDUCATIONAL SERVICE AGENCY.—The 

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

22 given the term in section 9101 of the Elementary 

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

24 7801). 


bajohnson on PROD1PC77 with BILLS
5 

•S 116 IS

1 (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti2 ty’’ means an entity that— 

3 (A) desires to participate in a summer 

4 learning grant program under this Act by pro5 viding summer learning opportunities described 

6 in section 6(d)(1)(B) to eligible students; and 

7 (B) is— 

8 (i) a local educational agency; 

9 (ii) a for-profit educational provider, 

10 nonprofit organization, or summer enrich11 ment camp, that has been approved by the 

12 State educational agency to provide the 

13 summer learning opportunity described in 

14 section 6(d)(1)(B), including an entity that 

15 is in good standing that has been pre16 viously approved by a State educational 

17 agency to provide supplemental educational 

18 services; or 

19 (iii) a consortium consisting of a local 

20 educational agency and 1 or more of the 

21 following entities: 

22 (I) Another local educational 

23 agency. 

24 (II) A community–based youth 

25 development organization with a demVerDate Aug 31 2005 03:05 Jan 07, 2007 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S116.IS S116

bajohnson on PROD1PC77 with BILLS
6 

•S 116 IS

1 onstrated record of effectiveness in 

2 helping students learn. 

3 (III) An institution of higher 

4 education. 

5 (IV) An educational service agen6 cy. 

7 (V) A for-profit educational pro8 vider described in clause (ii). 

9 (VI) A nonprofit organization de10 scribed in clause (ii). 

11 (VII) A summer enrichment 

12 camp described in clause (ii). 

13 (3) ELIGIBLE STUDENT.—The term ‘‘eligible 

14 student’’ means a student who— 

15 (A) is eligible for a free lunch under the 

16 Richard B. Russell National School Lunch Act 

17 (42 U.S.C. 1751 et seq.); 

18 (B) is served by a local educational agency 

19 identified by the State educational agency in 

20 the application described in section 5(b); or 

21 (C)(i) in the case of a summer learning 

22 grant program authorized under this Act for 

23 fiscal year 2008, 2009, or 2010, is eligible to 

24 enroll in any of the grades kindergarten 


bajohnson on PROD1PC77 with BILLS
7 

•S 116 IS

1 through grade 3 for the school year following 

2 participation in the program; or 

3 (ii) in the case of a summer learning grant 

4 program authorized under this Act for fiscal 

5 year 2011 or 2012, is eligible to enroll in any 

6 of the grades kindergarten through grade 5 for 

7 the school year following participation in the 

8 program. 

9 (4) INSTITUTION OF HIGHER EDUCATION.—The 

10 term ‘‘institution of higher education’’ has the 

11 meaning given the term in section 101(a) of the 

12 Higher Education Act of 1965 (20 U.S.C. 1001(a)). 

13 (5) LOCAL EDUCATIONAL AGENCY.—The term 

14 ‘‘local educational agency’’ has the meaning given 

15 the term in section 9101 of the Elementary and Sec16 ondary Education Act of 1965 (20 U.S.C. 7801). 

17 (6) SECRETARY.—The term ‘‘Secretary’’ means 

18 the Secretary of Education. 

19 (7) STATE.—The term ‘‘State’’ means each of 

20 the several States of the United States, the District 

21 of Columbia, the Commonwealth of Puerto Rico, 

22 Guam, American Samoa, the United States Virgin 

23 Islands, the Commonwealth of the Northern Mar24 iana Islands, the Republic of the Marshall Islands, 


bajohnson on PROD1PC77 with BILLS
8 

•S 116 IS

1 the Federated States of Micronesia, and the Repub2 lic of Palau. 

3 (8) STATE EDUCATIONAL AGENCY.—The term 

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

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

7 SEC. 5. DEMONSTRATION GRANT PROGRAM. 

8 (a) PROGRAM AUTHORIZED.— 

9 (1) IN GENERAL.—From the funds appro10 priated under section 8 for a fiscal year, the Sec11 retary shall carry out a demonstration grant pro12 gram in which the Secretary awards grants, on a 

13 competitive basis, to State educational agencies to 

14 enable the State educational agencies to pay the 

15 Federal share of summer learning grants for eligible 

16 students. 

17 (2) NUMBER OF GRANTS.—For each fiscal year, 

18 the Secretary shall award not more than 5 grants 

19 under this section. 

20 (b) APPLICATION.—A State educational agency that 

21 desires to receive a grant under this section shall submit 

22 an application to the Secretary at such time, in such man23 ner, and accompanied by such information as the Sec24 retary may require. Such application shall identify the 

25 areas in the State where the summer learning grant proVerDate Aug 31 2005 03:05 Jan 07, 2007 Jkt 059200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S116.IS S116

bajohnson on PROD1PC77 with BILLS
9 

•S 116 IS

1 gram will be offered and the local educational agencies 

2 that serve such areas. 

3 (c) AWARD BASIS.— 

4 (1) SPECIAL CONSIDERATION.—In awarding 

5 grants under this section, the Secretary shall give 

6 special consideration to a State educational agency 

7 that agrees, to the extent possible, to enter into 

8 agreements under section 6(d) with eligible entities 

9 that are consortia described in section 4(2)(B)(iii) 

10 and that include 2 or more of the entities described 

11 in subclauses (I) through (VII) of such section 

12 4(2)(B)(iii) as partners. 

13 (2) GEOGRAPHIC DISTRIBUTION.—In awarding 

14 grants under this section, the Secretary shall take 

15 into consideration an equitable geographic distribu16 tion of the grants. 

17 SEC. 6. SUMMER LEARNING GRANTS. 

18 (a) USE OF GRANTS FOR SUMMER LEARNING

19 GRANTS.— 

20 (1) IN GENERAL.—Each State educational 

21 agency that receives a grant under section 5 for a 

22 fiscal year shall use the grant funds to provide sum23 mer learning grants for the fiscal year to eligible 

24 students in the State who desire to attend a summer 

25 learning opportunity offered by an eligible entity 


bajohnson on PROD1PC77 with BILLS
10 

•S 116 IS

1 that enters into an agreement with the State edu2 cational agency under subsection (d)(1). 

3 (2) AMOUNT; FEDERAL AND NON-FEDERAL

4 SHARES.— 

5 (A) AMOUNT.—The amount of a summer 

6 learning grant provided under this Act shall 

7 be— 

8 (i) for each of the fiscal years 2008 

9 through 2011, $1,600; and 

10 (ii) for fiscal year 2012, $1,800. 

11 (B) FEDERAL SHARE.—The Federal share 

12 of each summer learning grant shall be not 

13 more than 50 percent of the amount of the 

14 summer learning grant determined under sub15 paragraph (A). 

16 (C) NON-FEDERAL SHARE.—The non-Fed17 eral share of each summer learning grant shall 

18 be not less than 50 percent of the amount of 

19 the summer learning grant determined under 

20 subparagraph (A), and shall be provided from 

21 non-Federal sources, such as State or local 

22 sources. 

23 (b) DESIGNATION OF SUMMER SCHOLARS.—Eligible 

24 students who receive summer learning grants under this 

25 Act shall be known as ‘‘summer scholars’’. 


bajohnson on PROD1PC77 with BILLS
11 

•S 116 IS

1 (c) SELECTION OF SUMMER LEARNING OPPOR2 TUNITY.— 

3 (1) DISSEMINATION OF INFORMATION.—A 

4 State educational agency that receives a grant under 

5 section 5 shall disseminate information about sum6 mer learning opportunities and summer learning 

7 grants to the families of eligible students in the 

8 State. 

9 (2) APPLICATION.—The parents of an eligible 

10 student who are interested in having their child par11 ticipate in a summer learning opportunity and re12 ceive a summer learning grant shall submit an appli13 cation to the State educational agency that includes 

14 a ranked list of preferred summer learning opportu15 nities. 

16 (3) PROCESS.—A State educational agency that 

17 receives an application under paragraph (2) shall— 

18 (A) process such application; 

19 (B) determine whether the eligible student 

20 shall receive a summer learning grant; 

21 (C) coordinate the assignment of eligible 

22 students receiving summer learning grants with 

23 summer learning opportunities; and 

24 (D) if demand for a summer learning op25 portunity exceeds capacity— 


bajohnson on PROD1PC77 with BILLS
12 

•S 116 IS

1 (i) in a case where information on the 

2 school readiness (based on school records 

3 and assessments of student achievement) 

4 of the eligible students is available, give 

5 priority for the summer learning oppor6 tunity to eligible students with low levels of 

7 school readiness; or 

8 (ii) in a case where such information 

9 on school readiness is not available, rely on 

10 randomization to assign the eligible stu11 dents. 

12 (4) FLEXIBILITY.—A State educational agency 

13 may assign a summer scholar to a summer learning 

14 opportunity program that is offered in an area 

15 served by a local educational agency that is not the 

16 local educational agency serving the area where such 

17 scholar resides. 

18 (5) REQUIREMENT OF ACCEPTANCE.—An eligi19 ble entity shall accept, enroll, and provide the sum20 mer learning opportunity of such entity to, any sum21 mer scholar assigned to such summer learning op22 portunity by a State educational agency pursuant to 

23 this subsection. 

24 (d) AGREEMENT WITH ELIGIBLE ENTITY.— 


bajohnson on PROD1PC77 with BILLS
13 

•S 116 IS

1 (1) IN GENERAL.—A State educational agency 

2 shall enter into an agreement with the eligible entity 

3 offering a summer learning opportunity, under 

4 which— 

5 (A) the State educational agency shall 

6 agree to make payments to the eligible entity, 

7 in accordance with paragraph (2), for a summer 

8 scholar; and 

9 (B) the eligible entity shall agree to pro10 vide the summer scholar with a summer learn11 ing opportunity that— 

12 (i) provides a total of not less than 

13 the equivalent of 30 full days of instruction 

14 (or not less than the equivalent of 25 full 

15 days of instruction, if the equivalent of an 

16 additional 5 days is devoted to field trips 

17 or other enrichment opportunities) to the 

18 summer scholar; 

19 (ii) employs small-group, research20 based educational programs, materials, 

21 curricula, and practices; 

22 (iii) provides a curriculum that— 

23 (I) emphasizes reading and 

24 mathematics; 


bajohnson on PROD1PC77 with BILLS
14 

•S 116 IS

1 (II) is primarily designed to in2 crease the literacy and numeracy of 

3 the summer scholar; and 

4 (III) is aligned with the stand5 ards and goals of the school year cur6 riculum of the local educational agen7 cy serving the summer scholar; 

8 (iv) applies assessments to measure 

9 the skills taught in the summer learning 

10 opportunity and disaggregates the results 

11 of the assessments for summer scholars by 

12 race and ethnicity, economic status, limited 

13 English proficiency status, and disability 

14 category, in order to determine the oppor15 tunity’s impact on each subgroup of sum16 mer scholars; 

17 (v) collects daily attendance data on 

18 each summer scholar; and 

19 (vi) meets all applicable Federal, 

20 State, and local civil rights laws. 

21 (2) AMOUNT OF PAYMENT.— 

22 (A) IN GENERAL.—Except as provided in 

23 subparagraph (B), a State educational agency 

24 shall make a payment to an eligible entity for 


bajohnson on PROD1PC77 with BILLS
15 

•S 116 IS

1 a summer scholar in the amount determined 

2 under subsection (a)(2)(A). 

3 (B) ADJUSTMENT.—In the case in which a 

4 summer scholar does not attend the full sum5 mer learning opportunity, the State educational 

6 agency shall reduce the amount provided to the 

7 eligible entity pursuant to subparagraph (A) by 

8 a percentage that is equal to the percentage of 

9 the summer learning opportunity not attended 

10 by such scholar. 

11 (e) USE OF SCHOOL FACILITIES.—State educational 

12 agencies are encouraged to require local educational agen13 cies in the State to allow eligible entities, in offering sum14 mer learning opportunities, to make use of school facilities 

15 in schools served by such local educational agencies at rea16 sonable or no cost. 

17 (f) ACCESS OF RECORDS.—An eligible entity offering 

18 a summer learning opportunity under this Act is eligible 

19 to receive, upon request, the school records and any pre20 vious supplemental educational services assessment 

21 records of a summer scholar served by such entity. 

22 (g) ADMINISTRATIVE COSTS.—A State educational 

23 agency or eligible entity receiving funding under this Act 

24 may use not more than 5 percent of such funding for ad25 ministrative costs associated with carrying out this Act. 


bajohnson on PROD1PC77 with BILLS
16 

•S 116 IS

1 SEC. 7. EVALUATIONS; REPORT; WEBSITE. 

2 (a) EVALUATION AND ASSESSMENT.—For each year 

3 that an eligible entity enters into an agreement under sec4 tion 6(d), the eligible entity shall prepare and submit to 

5 the Secretary a report on the activities and outcomes of 

6 each summer learning opportunity that enrolled a summer 

7 scholar, including— 

8 (1) information on the design of the summer 

9 learning opportunity; 

10 (2) the alignment of the summer learning op11 portunity with State standards; and 

12 (3) data from assessments of student mathe13 matics and reading skills for the summer scholars 

14 and on the attendance of the scholars, disaggregated 

15 by the subgroups described in section 6(d)(1)(B)(iv). 

16 (b) REPORT.—For each year funds are appropriated 

17 under section 8 for this Act, the Secretary shall prepare 

18 and submit a report to Congress on the summer learning 

19 grant programs, including the effectiveness of the summer 

20 learning opportunities in improving student achievement. 

21 (c) SUMMER LEARNING GRANTS WEBSITE.—The 

22 Secretary shall make accessible, on the Department of 

23 Education website, information for parents and school 

24 personnel on successful programs and curricula, and best 

25 practices, for summer learning opportunities. 


bajohnson on PROD1PC77 with BILLS
17 

•S 116 IS

1 SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

2 There are authorized to be appropriated to carry out 

3 this Act $100,000,000 for fiscal year 2008 and such sums 

4 as may be necessary for each of the fiscal years 2009 

5 through 2012. 

Æ 


bajohnson on PROD1PC77 with BILLS