II 

110TH CONGRESS 

1ST SESSION S. 1775 

To reauthorize the Elementary and Secondary Education Act of 1965 to 

ensure that no child is left behind. 

IN THE SENATE OF THE UNITED STATES 

JULY 12, 2007 

Mr. BURR (for himself and Mr. GREGG) introduced the following bill; which 

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

Labor, and Pensions 

A BILL 

To reauthorize the Elementary and Secondary Education 

Act of 1965 to ensure that no child is left behind. 

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 ‘‘No Child Left Behind 

5 Act of 2007’’. 

6 SEC. 2. TABLE OF CONTENTS. 

7 The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. References. 

TITLE I—IMPROVING THE ACADEMIC ACHIEVEMENT OF THE 

DISADVANTAGED 


ccoleman on PROD1PC71 with BILLS
2 

•S 1775 IS

Sec. 1001. Statement of purpose. 

Sec. 1002. Authorization of appropriations. 

Sec. 1003. School improvement. 

PART A—IMPROVING BASIC PROGRAMS OPERATED BY LOCAL EDUCATIONAL

AGENCIES

Sec. 1111. State plans. 

Sec. 1112. Local educational agency plans. 

Sec. 1113. Schoolwide programs. 

Sec. 1114. Targeted assistance schools. 

Sec. 1115. Academic assessment and local educational agency and school improvement. 

Sec. 1116. School support and recognition. 

Sec. 1117. Parental involvement. 

Sec. 1118. Qualifications for teachers and paraprofessionals. 

Sec. 1119. Grants for the outlying areas and the Secretary of the Interior. 

Sec. 1120. Allocations to States. 

Sec. 1121. Basic grants to local educational agencies. 

Sec. 1122. Education finance incentive grant program. 

PART B—STUDENT READING SKILLS IMPROVEMENT GRANTS

SUBPART 1—READING FIRST

Sec. 1201. Formula grants to State educational agencies. 

Sec. 1202. State formula grant applications. 

Sec. 1203. Targeted assistance grants. 

Sec. 1204. External evaluation. 

Sec. 1205. National activities. 

Sec. 1206. Prohibition of Federal Government intervention. 

SUBPART 2—EARLY READING FIRST

Sec. 1221. Evaluation. 

SUBPART 3—STRIVING READERS

Sec. 1231. Striving Readers. 

SUBPART 4—IMPROVING LITERACY THROUGH SCHOOL LIBRARIES

Sec. 1241. Improving literacy through school libraries. 

PART C—EDUCATION OF MIGRATORY CHILDREN

Sec. 1301. Program purpose. 

Sec. 1302. State allocations. 

Sec. 1303. State applications; services. 

Sec. 1304. Comprehensive needs assessment. 

Sec. 1305. Coordination of migrant education activities. 

Sec. 1306. Evaluation and study. 

PART D—PREVENTION AND INTERVENTION PROGRAMS FOR CHILDREN AND

YOUTH WHO ARE NEGLECTED, DELINQUENT, OR AT-RISK

Sec. 1401. Allocation of funds. 

Sec. 1402. Career education. 


ccoleman on PROD1PC71 with BILLS
3 

•S 1775 IS

PART E—NATIONAL ASSESSMENT OF TITLE I 

Sec. 1501. Evaluations. 

Sec. 1502. Assessment evaluation. 

Sec. 1503. Close up fellowship program. 

PART F—MATH NOW

Sec. 1601. Math Now. 

PART G—ADVANCED PLACEMENT PROGRAMS

Sec. 1701. Purposes. 

Sec. 1702. Advanced Placement incentive program grants. 

Sec. 1703. Supplement, not supplant. 

PART H—SECONDARY SCHOOL GRADUATION

Sec. 1801. Secondary school graduation. 

PART I—GENERAL PROVISIONS

Sec. 1901. Local educational agency spending audits. 

Sec. 1902. State report on dropout data. 

Sec. 1903. Regulations for sections 1111 and 1116. 

TITLE II—PREPARING, TRAINING, AND RECRUITING HIGH 

QUALITY TEACHERS AND PRINCIPALS 

PART A—TEACHER AND PRINCIPAL TRAINING AND RECRUITING FUND

Sec. 2101. Purpose. 

Sec. 2102. Authorizations of appropriations. 

Sec. 2103. State applications and needs assessment. 

Sec. 2104. State use of funds. 

Sec. 2105. Local applications and needs assessment. 

Sec. 2106. Local use of funds. 

Sec. 2107. Definitions. 

Sec. 2108. National activities of demonstrated effectiveness. 

PART B—MATHEMATICS AND SCIENCE PARTNERSHIPS

Sec. 2201. Allocation of funds. 

Sec. 2202. Authorization of appropriations. 

PART C—INNOVATION FOR TEACHER QUALITY

Sec. 2301. Definitions. 

Sec. 2302. Authorization of troops-to-teachers program. 

Sec. 2303. Recruitment and selection or program participants. 

Sec. 2304. Participation agreement and financial assistance. 

Sec. 2305. Participation by States. 

Sec. 2306. Support of innovative preretirement teacher certification programs. 

Sec. 2307. Reporting requirements. 

Sec. 2308. Transition to teaching grant program. 

Sec. 2309. General provisions authorization of appropriations. 

Sec. 2310. National writing project. 

Sec. 2311. Civic education general authority. 

Sec. 2312. We the people program. 


ccoleman on PROD1PC71 with BILLS
4 

•S 1775 IS

Sec. 2313. Close Up fellowship program. 

Sec. 2314. Teaching of traditional American history. 

Sec. 2315. Appropriations for teaching of traditional American history. 

Sec. 2316. Teacher incentive fund program; adjunct teacher corps. 

PART D—ENHANCING EDUCATION THROUGH TECHNOLOGY

Sec. 2401. Authorization of appropriations. 

Sec. 2402. Allotment and reallotment. 

Sec. 2403. Applications. 

Sec. 2404. Local activities. 

Sec. 2405. National technology activities. 

Sec. 2406. National education technology plan. 

Sec. 2407. Ready-to-learn television. 

TITLE III—LANGUAGE INSTRUCTION FOR LIMITED ENGLISH 

PROFICIENT AND IMMIGRANT CHILDREN 

Sec. 3101. Authorization of appropriations. 

PART A—ENGLISH LANGUAGE ACQUISITION, LANGUAGE ENHANCEMENT, AND

ACADEMIC ACHIEVEMENT ACT

Sec. 3111. Purposes. 

SUBPART 1—GRANTS AND SUBGRANTS FOR ENGLISH LANGUAGE ACQUISITION

AND LANGUAGE ENHANCEMENT

Sec. 3115. Formula grants to States. 

Sec. 3116. Subgrants to eligible entities. 

Sec. 3117. Local plans. 

SUBPART 2—ACCOUNTABILITY AND ADMINISTRATION

Sec. 3121. Evaluations. 

Sec. 3122. Achievement objectives and accountability. 

Sec. 3123. Reporting requirements. 

PART B—GENERAL PROVISIONS

Sec. 3201. Improving language instruction educational programs. 

Sec. 3202. General provisions. 

TITLE IV—21ST CENTURY SCHOOLS 

PART A—SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES

Sec. 4101. Safe and drug-free schools and communities. 

PART B—21ST CENTURY COMMUNITY LEARNING CENTERS AND MENTORING

PROGRAMS

Sec. 4201. 21st century community learning centers. 

Sec. 4202. Mentoring programs. 

TITLE V—PROMOTING INFORMED PARENTAL CHOICE AND 

INNOVATIVE PROGRAMS 

PART A—INNOVATIVE PROGRAMS


ccoleman on PROD1PC71 with BILLS
5 

•S 1775 IS

Sec. 5101. State uses of funds. 

Sec. 5102. State applications. 

Sec. 5103. Local uses of funds. 

Sec. 5104. Participation of children enrolled in private schools. 

Sec. 5105. Definitions. 

Sec. 5106. Authorization of appropriations. 

PART B—PUBLIC CHARTER SCHOOLS

Sec. 5201. Program authorized. 

Sec. 5202. Authorization of appropriations for charter school programs. 

Sec. 5203. Authorization of appropriations for credit enhancement initiatives. 

Sec. 5204. Authorization of appropriations for voluntary public school choice 

programs. 

PART C—MAGNET SCHOOLS ASSISTANCE

Sec. 5301. Findings and purpose. 

Sec. 5302. Definition. 

Sec. 5303. Limitations. 

Sec. 5304. Authorization of appropriations. 

PART D—FUND FOR THE IMPROVEMENT OF EDUCATION

Sec. 5401. Authorization of appropriations. 

Sec. 5402. Programs authorized. 

Sec. 5403. Studies of national significance. 

Sec. 5404. Counseling programs. 

Sec. 5405. Partnerships in character education. 

Sec. 5406. Programs to be struck. 

Sec. 5407. Gifted and talented students. 

Sec. 5408. Star schools program. 

Sec. 5409. Ready to teach. 

Sec. 5410. Foreign language assistance program. 

Sec. 5411. Physical education. 

Sec. 5412. Excellence in economic education. 

Sec. 5413. Arts in education. 

Sec. 5414. Parental assistance and local family information centers. 

TITLE VI—FLEXIBILITY AND ACCOUNTABILITY 

PART A—IMPROVING ACADEMIC ACHIEVEMENT

Sec. 6101. Grants for State assessments and related activities. 

Sec. 6102. Grants for enhanced assessments for students with disabilities and 

limited English proficient students. 

Sec. 6103. Funding. 

Sec. 6104. Performance review and penalties. 

Sec. 6105. Local flexibility demonstration agreements. 

Sec. 6106. Performance review and penalties. 

Sec. 6107. Reports. 

Sec. 6108. Education flexibility partnership. 

Sec. 6109. Child-centered programming. 

PART B—RURAL EDUCATION INITIATIVE


ccoleman on PROD1PC71 with BILLS
6 

•S 1775 IS

SUBPART 1—SMALL, RURAL SCHOOL ACHIEVEMENT PROGRAM

Sec. 6211. Redesignation. 

Sec. 6212. Grant programs authorized. 

Sec. 6213. Accountability. 

SUBPART 2—RURAL AND LOW-INCOME SCHOOL PROGRAM

Sec. 6221. Program authorized. 

Sec. 6222. Accountability. 

SUBPART 3—ALTERNATE USES OF FUNDS

Sec. 6231. Use of applicable funding. 

SUBPART 4—GENERAL PROVISIONS

Sec. 6241. Annual average daily attendance determination. 

Sec. 6242. Supplement, not supplant. 

Sec. 6243. Authorization of appropriations. 

TITLE VII—INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE 

EDUCATION 

PART A—INDIAN EDUCATION

Sec. 7101. Purpose. 

SUBPART 1—FORMULA GRANTS TO LOCAL EDUCATIONAL AGENCIES

Sec. 7111. Purpose. 

Sec. 7112. Grants to local educational agencies and tribes. 

Sec. 7113. Amount of grants. 

Sec. 7114. Report on obstacles to program integration. 

Sec. 7115. Student eligibility. 

SUBPART 2—DEFINITIONS; AUTHORIZATION OF APPROPRIATIONS

Sec. 7121. Definitions. 

Sec. 7122. Authorization of appropriations. 

SUBPART 3—ADDITIONAL AMENDMENTS

Sec. 7131. Department of Interior schools. 

PART B—NATIVE HAWAIIAN EDUCATION

Sec. 7201. Report date for Native Hawaiian Education Council and Island 

Councils. 

Sec. 7202. Program authorized. 

PART C—ALASKA NATIVE EDUCATION

Sec. 7301. Program authorized. 

TITLE VIII—IMPACT AID PROGRAM 

Sec. 8101. Impact aid. 

TITLE IX—GENERAL PROVISIONS 

Sec. 9101. Definitions. 


ccoleman on PROD1PC71 with BILLS
7 

•S 1775 IS

Sec. 9102. Consolidation of funding for local administration. 

Sec. 9103. Waivers. 

Sec. 9104. Disasters and emergencies. 

Sec. 9105. Participation by private school children and teachers. 

Sec. 9106. By-pass determination process. 

TITLE X—MCKINNEY-VENTO HOMELESS ASSISTANCE ACT 

Sec. 10001. Short title. 

Sec. 10002. Grants for State and local activities. 

Sec. 10003. Waivers by the Secretary. 

Sec. 10004. Authorization of appropriations. 

1 SEC. 3. REFERENCES. 

2 Except as otherwise expressly provided, whenever in 

3 this Act an amendment or repeal is expressed in terms 

4 of an amendment to, or repeal of, a section or other provi5 sion, the reference shall be considered to be made to a 

6 section or other provision of the Elementary and Sec7 ondary Education Act of 1965 (20 U.S.C. 6301 et seq.). 

8 TITLE I—IMPROVING THE ACA9 DEMIC ACHIEVEMENT OF THE 

10 DISADVANTAGED 

11 SEC. 1001. STATEMENT OF PURPOSE. 

12 Section 1001 (20 U.S.C. 6301) is amended— 

13 (1) by redesignating paragraphs (5) through 

14 (12) as paragraphs (6) through (13), respectively; 

15 and 

16 (2) by inserting after paragraph (4) the fol17 lowing: 

18 ‘‘(5) ensuring that all children are taught by 

19 highly qualified teachers and that low-income and 

20 minority children are not taught at higher rates by 


ccoleman on PROD1PC71 with BILLS
8 

•S 1775 IS

1 unqualified teachers than their more advantaged 

2 peers;’’. 

3 SEC. 1002. AUTHORIZATION OF APPROPRIATIONS. 

4 Section 1002 (20 U.S.C. 6302) is amended— 

5 (1) in subsection (a)— 

6 (A) in paragraph (1), by striking 

7 ‘‘$13,500,000,000 for fiscal year 2002’’ and in8 serting ‘‘$14,000,000,000 for fiscal year 2008’’; 

9 (B) in paragraph (2), by striking ‘‘2003’’ 

10 and inserting ‘‘2009’’; 

11 (C) in paragraph (3), by striking ‘‘2004’’ 

12 and inserting ‘‘2010’’; 

13 (D) in paragraph (4), by striking ‘‘2005’’ 

14 and inserting ‘‘2011’’; 

15 (E) in paragraph (5), by striking ‘‘2006’’ 

16 and inserting ‘‘2012’’; and 

17 (F) in paragraph (6), by striking ‘‘2007’’ 

18 and inserting ‘‘2013’’; 

19 (2) in subsection (b)— 

20 (A) in paragraph (1), by striking 

21 ‘‘$900,000,000 for fiscal year 2002’’ and in22 serting ‘‘$1,000,000,000 for fiscal year 2008’’; 

23 (B) in paragraph (2), by striking 

24 ‘‘$75,000,000 for fiscal year 2002’’ and insert25 ing ‘‘$120,000,000 for fiscal year 2008’’; 


ccoleman on PROD1PC71 with BILLS
9 

•S 1775 IS

1 (C) by striking paragraph (3) and insert2 ing the following: 

3 ‘‘(3) STRIVING READERS.—For the purpose of 

4 carrying out subpart 3 of part B, there are author5 ized to be appropriated $100,000,000 for fiscal year 

6 2008 and such sums as may be necessary for each 

7 of the 5 succeeding fiscal years.’’; and 

8 (D) in paragraph (4), by striking ‘‘2002’’ 

9 and inserting ‘‘2008’’; 

10 (3) in subsection (c), by striking ‘‘2002’’ and 

11 inserting ‘‘2008’’; 

12 (4) in subsection (d), by striking ‘‘2002’’ and 

13 inserting ‘‘2008’’; 

14 (5) by striking subsection (e) and inserting the 

15 following: 

16 ‘‘(e) EVALUATION.—For the purpose of carrying out 

17 sections 1501 and 1502, there are authorized to be appro18 priated such sums as may be necessary for fiscal year 

19 2008 and each of the 5 succeeding fiscal years.’’; 

20 (6) by striking subsection (f) and inserting the 

21 following: 

22 ‘‘(f) MATH NOW.—For the purpose of carrying out 

23 part F, there are authorized to be appropriated such sums 

24 as may be necessary for fiscal year 2008 and each of the 

25 5 succeeding fiscal years.’’; 


ccoleman on PROD1PC71 with BILLS
10 

•S 1775 IS

1 (7) in subsection (g), by striking ‘‘2002’’ and 

2 inserting ‘‘2008’’; 

3 (8) by striking subsection (h) and inserting the 

4 following: 

5 ‘‘(h) SECONDARY SCHOOL REFORM.—For the pur6 pose of carrying out part H, there are authorized to be 

7 appropriated $250,000,000 for fiscal year 2008 and such 

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

9 fiscal years.’’; and 

10 (9) in subsection (i)— 

11 (A) by striking ‘‘1003(g)’’ and inserting 

12 ‘‘1003(e)’’; and 

13 (B) by striking ‘‘2002’’ and inserting 

14 ‘‘2008’’. 

15 SEC. 1003. SCHOOL IMPROVEMENT. 

16 (a) AMENDMENTS.—Section 1003 (20 U.S.C. 6303) 

17 is amended— 

18 (1) in subsection (a)— 

19 (A) by striking ‘‘2 percent’’ and inserting 

20 ‘‘4 percent’’; and 

21 (B) by striking ‘‘for fiscal years 2002’’ and 

22 all that follows through ‘‘2007,’’ and inserting 

23 ‘‘for each fiscal year’’; 

24 (2) in subsection (b)— 


ccoleman on PROD1PC71 with BILLS
11 

•S 1775 IS

1 (A) in the subsection heading, by inserting 

2 ‘‘ALLOCATION AND’’ before ‘‘USES’’; and 

3 (B) by striking paragraph (1) and insert4 ing the following: 

5 ‘‘(1) shall allocate not less than 95 percent di6 rectly to— 

7 ‘‘(A) local educational agencies for schools 

8 identified for school improvement and restruc9 turing, for activities under section 1116(b); and 

10 ‘‘(B) local educational agencies identified 

11 for school improvement or correction action 

12 under section 1116, for activities under section 

13 1116(c); or’’; 

14 (3) by striking subsections (c), (e), (f), and (g); 

15 (4) by redesignating subsection (d) as sub16 section (c); and 

17 (5) by adding at the end the following: 

18 ‘‘(d) ASSISTANCE FOR LOCAL SCHOOL IMPROVE19 MENT.— 

20 ‘‘(1) PROGRAM AUTHORIZED.—The Secretary 

21 shall award grants to States, from allotments under 

22 paragraph (3), to enable the States to provide sub23 grants to local educational agencies for the purpose 

24 of providing assistance for school and local eduVerDate Aug 31 2005 04:05 Jul 14, 2007 Jkt 059200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1775.IS S1775

ccoleman on PROD1PC71 with BILLS
12 

•S 1775 IS

1 cational agency improvement, consistent with section 

2 1116. 

3 ‘‘(2) STATE ALLOTMENTS.—Such grants shall 

4 be allotted among States, the Department of the In5 terior, and the outlying areas, for a fiscal year in 

6 proportion to the funds received by the States, the 

7 Department of the Interior, and the outlying areas, 

8 respectively, for the fiscal year under part A of this 

9 title. 

10 ‘‘(3) RESERVATION.—For each fiscal year the 

11 Secretary may reserve not more than 1 percent of 

12 funds appropriated under section 1002(i) to conduct 

13 research, evaluation, and dissemination activities re14 lated to the identification of effective school and 

15 local educational agency improvement practices. 

16 ‘‘(4) REALLOCATIONS.—If a State does not re17 ceive funds under this subsection, the Secretary shall 

18 reallocate such funds to other States in the same 

19 proportion as funds are allocated under paragraph 

20 (2). 

21 ‘‘(5) STATE APPLICATIONS.—Each State edu22 cational agency that receives funds under this sub23 section shall submit an application to the Secretary 

24 at such time, and containing such information, as 

25 the Secretary shall reasonably require, except that 


ccoleman on PROD1PC71 with BILLS
13 

•S 1775 IS

1 such requirement shall be waived if a State edu2 cational agency submitted such information as part 

3 of its State plan under this part. Each State appli4 cation shall, at a minimum, describe— 

5 ‘‘(A) how the State educational agency will 

6 use the funds provided under this subsection to 

7 assist local educational agencies that have the 

8 greatest need for such assistance, including how 

9 the State will set priorities among— 

10 ‘‘(i) local educational agencies serving 

11 schools that have persistently not made 

12 adequate yearly progress and are under13 going school improvement or restructuring 

14 under section 1116; 

15 ‘‘(ii) local educational agencies serving 

16 schools that are at risk of being identified 

17 for restructuring under section 1116; and 

18 ‘‘(iii) local educational agencies that 

19 are undergoing improvement or corrective 

20 action under section 1116; 

21 ‘‘(B) how the State educational agency will 

22 use the funds provided under this subsection to 

23 employ strategically the mechanisms described 

24 in section 1117 (including school support teams 

25 and the other elements of a statewide system of 


ccoleman on PROD1PC71 with BILLS
14 

•S 1775 IS

1 intensive and sustained support) to meet the 

2 needs of the schools in the State that are un3 dergoing school improvement and restructuring 

4 under section 1116, and to meet the needs of 

5 the local educational agencies in the State that 

6 are undergoing improvement and corrective ac7 tion under section 1116, including how the 

8 State educational agency will use any funds the 

9 State educational agency retains under para10 graph (6)(B) to complement and build on the 

11 activities that local educational agencies carry 

12 out with the funds local educational agencies re13 ceive under this subsection; 

14 ‘‘(C) how the State educational agency will 

15 ensure that activities carried out with funds 

16 provided under this subsection are based on the 

17 findings of scientifically based research on im18 proving student achievement, including a de19 scription of how the State educational agency 

20 will review the applications submitted by local 

21 educational agencies for assistance under this 

22 subsection to determine the quality of the appli23 cations; 


ccoleman on PROD1PC71 with BILLS
15 

•S 1775 IS

1 ‘‘(D) the objectives that the State edu2 cational agency intends to meet through the ac3 tivities described in the application; and 

4 ‘‘(E) how the State educational agency will 

5 disseminate the results achieved through activi6 ties carried out with funds received under this 

7 subsection, particularly with respect to activities 

8 that have been successful. 

9 ‘‘(6) USES OF FUNDS.—A State educational 

10 agency that receives a grant under this subsection 

11 shall— 

12 ‘‘(A) use at least 80 percent of the grant 

13 funds, to award subgrants, on a competitive 

14 basis, to local educational agencies identified for 

15 improvement or corrective action under section 

16 1116 or that serve schools identified for school 

17 improvement or restructuring under section 

18 1116, except that no State educational agency 

19 shall award a smaller amount under this para20 graph for a fiscal year, in the aggregate, to 

21 local educational agencies within the State than 

22 the State educational agency allocated to such 

23 local educational agencies for fiscal year 2007 

24 under subsection (g) of this section (as such 

25 subsection was in effect on the day before the 


ccoleman on PROD1PC71 with BILLS
16 

•S 1775 IS

1 date of enactment of No Child Left Behind Act 

2 of 2007); and 

3 ‘‘(B) use any remaining funds to imple4 ment a statewide system of support for school 

5 and local educational agency improvements as 

6 required under section 1117. 

7 ‘‘(7) LOCAL EDUCATIONAL AGENCY SUB8 GRANTS.—A subgrant to a local educational agency 

9 under this subsection shall be— 

10 ‘‘(A) of sufficient size and scope to support 

11 implementation of the activities described in a 

12 school or local educational agency improvement 

13 plan under section 1116, except that the 

14 amount made available under the subgrant to a 

15 participating school shall be not less than 

16 $50,000 and not more than $500,000; and 

17 ‘‘(B) renewable for 2 additional 1-year pe18 riods if schools or local educational agencies are 

19 meeting the goals described in their school im20 provement plans developed under section 1116. 

21 ‘‘(8) REPORTING.—The State educational agen22 cy shall annually report to the Secretary, and shall 

23 make publicly available within the State, information 

24 on— 


ccoleman on PROD1PC71 with BILLS
17 

•S 1775 IS

1 ‘‘(A) the schools and local educational 

2 agencies within the State that received financial 

3 or other assistance with funds provided under 

4 this subsection; 

5 ‘‘(B) the services provided to schools and 

6 local educational agencies and the activities car7 ried out with funds under this subsection; and 

8 ‘‘(C) the results obtained through the pro9 vision of services and the completion of activi10 ties.’’. 

11 (b) CONFORMING AMENDMENT.—Section 

12 1117(c)(1)(A) (20 U.S.C. 6317(c)(1)(A)) is amended by 

13 striking ‘‘1003(g)’’ and inserting ‘‘1003(d)’’. 

14 PART A—IMPROVING BASIC PROGRAMS 

15 OPERATED BY LOCAL EDUCATIONAL AGENCIES 

16 SEC. 1111. STATE PLANS. 

17 Section 1111 (20 U.S.C. 6311) is amended— 

18 (1) in subsection (a), by adding at the end the 

19 following: 

20 ‘‘(3) PEER-REVIEW AND SECRETARIAL AP21 PROVAL.—The Secretary shall— 

22 ‘‘(A) establish a peer-review process to as23 sist in the review of State plans submitted 

24 under paragraph (1); 


ccoleman on PROD1PC71 with BILLS
18 

•S 1775 IS

1 ‘‘(B) appoint individuals to the peer-review 

2 process who are— 

3 ‘‘(i) representative of parents, teach4 ers, State educational agencies, and local 

5 educational agencies; and 

6 ‘‘(ii) familiar with educational stand7 ards, assessments, accountability, the 

8 needs of low-performing schools, and other 

9 educational needs of students; 

10 ‘‘(C) approve a State plan within 120 days 

11 of the plan’s submission unless the Secretary 

12 determines that the plan does not meet the re13 quirements of this section; 

14 ‘‘(D) if the Secretary determines that the 

15 State plan does not meet the requirements of 

16 this subsection, subsection (b), or subsection 

17 (c), immediately notify the State of such deter18 mination and the reasons for such determina19 tion; 

20 ‘‘(E) not decline to approve a State’s plan 

21 before— 

22 ‘‘(i) offering the State an opportunity 

23 to revise the plan; 

24 ‘‘(ii) providing technical assistance in 

25 order to assist the State to meet the reVerDate Aug 31 2005 04:05 Jul 14, 2007 Jkt 059200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\S1775.IS S1775

ccoleman on PROD1PC71 with BILLS
19 

•S 1775 IS

1 quirements of this subsection, subsection 

2 (b), and subsection (c); and 

3 ‘‘(iii) providing a hearing; and 

4 ‘‘(F) disapprove a State plan for not meet5 ing the requirements of this part, but not re6 quire a State as a condition of approval of the 

7 State plan— 

8 ‘‘(i) to include in, or delete from, such 

9 plan, 1 or more specific elements of the 

10 State’s academic content standards; or 

11 ‘‘(ii) to use specific academic assess12 ment instruments or items. 

13 ‘‘(4) STATE REVISIONS.—A State plan shall be 

14 revised by the State educational agency if it is nec15 essary to satisfy the requirements of this section. 

16 ‘‘(5) DURATION OF THE PLAN.— 

17 ‘‘(A) IN GENERAL.—Each State plan 

18 shall— 

19 ‘‘(i) remain in effect for the duration 

20 of the State’s participation under this part; 

21 and 

22 ‘‘(ii) be periodically reviewed and re23 vised, as the State educational agency de24 termines necessary, to reflect changes in 


ccoleman on PROD1PC71 with BILLS
20 

•S 1775 IS

1 the State’s strategies and programs under 

2 this part. 

3 ‘‘(B) ADDITIONAL INFORMATION.—If sig4 nificant changes are made to a State’s plan, 

5 such as the adoption of new State academic 

6 content standards, new State student academic 

7 achievement standards, new academic assess8 ments, or a new definition of adequate yearly 

9 progress, such information shall be submitted to 

10 the Secretary for review and approval. 

11 ‘‘(6) PENALTIES.— 

12 ‘‘(A) FAILURE TO MEET DEADLINES EN13 ACTED IN 2002.— 

14 ‘‘(i) IN GENERAL.—If a State fails to 

15 meet the deadlines established by the No 

16 Child Left Behind Act of 2001, the Sec17 retary shall withhold 25 percent of the 

18 funds that would otherwise be available to 

19 the State for State administration and ac20 tivities under this part in each year until 

21 the Secretary determines that the State 

22 meets those requirements. 

23 ‘‘(ii) NO EXTENSION.—Notwith24 standing any other provision of law, 90 

25 days after the date of enactment of the No 


ccoleman on PROD1PC71 with BILLS
21 

•S 1775 IS

1 Child Left Behind Act of 2007 the Sec2 retary shall not grant any additional waiv3 ers of, or enter into any additional compli4 ance agreements to extend, the deadlines 

5 described in subparagraph (A) for any 

6 State. 

7 ‘‘(B) FAILURE TO MEET REQUIREMENTS

8 ENACTED IN 2007.—If a State fails to meet any 

9 of the requirements of this section, other than 

10 the requirements described in subparagraph 

11 (A), then the Secretary may withhold funds for 

12 State administration under this part until the 

13 Secretary determines that the State has fulfilled 

14 those requirements.’’; 

15 (2) in subsection (b)— 

16 (A) in paragraph (1)— 

17 (i) in subparagraph (C), by striking 

18 ‘‘(beginning in the 2005–2006 school 

19 year)’’; 

20 (ii) by redesignating subparagraphs 

21 (E) and (F) as subparagraphs (G) and 

22 (H), respectively; and 

23 (iii) by inserting after subparagraph 

24 (D) the following: 


ccoleman on PROD1PC71 with BILLS
22 

•S 1775 IS

1 ‘‘(E) ALTERNATE ACADEMIC ACHIEVE2 MENT STANDARDS.—Notwithstanding any other 

3 provision of this paragraph, a State may, 

4 through a documented and validated standards5 setting process, define alternate academic 

6 achievement standards for students with the 

7 most significant cognitive disabilities who take 

8 an alternate assessment, if those standards— 

9 ‘‘(i) are aligned with the State’s aca10 demic content standards; 

11 ‘‘(ii) promote access to the general 

12 curriculum; and 

13 ‘‘(iii) reflect professional judgment of 

14 the highest achievement standards attain15 able by those students. 

16 ‘‘(F) MODIFIED ACADEMIC ACHIEVEMENT

17 STANDARDS.—Notwithstanding any other provi18 sion of this paragraph, a State may, through a 

19 documented and validated standards-setting 

20 process, adopt modified academic achievement 

21 standards for students who have disabilities 

22 that preclude the students from achieving 

23 grade-level proficiency within the academic year 

24 covered by a student’s individualized education 

25 program under section 614(d) of the IndividVerDate Aug 31 2005 04:05 Jul 14, 2007 Jkt 059200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\S1775.IS S1775

ccoleman on PROD1PC71 with BILLS
23 

•S 1775 IS

1 uals with Disabilities Education Act, if the 

2 modified standards— 

3 ‘‘(i) are aligned with the State’s aca4 demic content standards for the grade in 

5 which the student is enrolled; 

6 ‘‘(ii) are challenging for eligible stu7 dents, except that the modified standards 

8 may be less difficult than the grade-level 

9 academic achievement standards under this 

10 section; 

11 ‘‘(iii) include at least 3 achievement 

12 levels.’’; and 

13 (iv) in subparagraph (H), as redesig14 nated by clause (ii), by striking ‘‘2001’’ 

15 and inserting ‘‘2007’’; 

16 (B) in paragraph (2)— 

17 (i) in subparagraph (C)— 

18 (I) by striking clause (vi) and in19 serting the following: 

20 ‘‘(vi) in accordance with subparagraph 

21 (D), includes graduation rates for public 

22 secondary school students disaggregated by 

23 each category of students described in 

24 clause (v), and at least 1 other academic 


ccoleman on PROD1PC71 with BILLS
24 

•S 1775 IS

1 indicator (as determined by the State) for 

2 all public elementary school students;’’; 

3 (II) in clause (vii), by striking 

4 the period and inserting ‘‘; and’’; and 

5 (III) by adding at the end the 

6 following: 

7 ‘‘(viii) in carrying out clause (v) and 

8 (vii), ensures that the minimum number of 

9 students necessary to yield statistically re10 liable information is the same for the 

11 group of all students described in clause 

12 (v)(I) and each of the subgroups described 

13 in clause (v)(II)’’; 

14 (ii) in subparagraph (D)— 

15 (I) in clause (i), by striking 

16 ‘‘and’’ after the semicolon; 

17 (II) by striking clause (ii) and in18 serting the following: 

19 ‘‘(ii) except as provided in subpara20 graph (I)(i), may not use those indicators 

21 to reduce the number of, or change, the 

22 schools that would otherwise be subject to 

23 school improvement or restructuring under 

24 section 1116 if those indicators were not 

25 used, but may use those indicators to idenVerDate Aug 31 2005 04:05 Jul 14, 2007 Jkt 059200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\S1775.IS S1775

ccoleman on PROD1PC71 with BILLS
25 

•S 1775 IS

1 tify additional schools for school improve2 ment or restructuring under section 1116; 

3 and’’; 

4 (III) by adding at the end the 

5 following: 

6 ‘‘(iii) shall calculate the graduation 

7 rate— 

8 ‘‘(I) beginning not later than the 

9 end of the 2011–2012 school year, by 

10 dividing the number of students in a 

11 school or served by a local educational 

12 agency who receive a regular diploma 

13 by the number of first-time ninth14 grade students who were enrolled in 

15 the school or were served by the local 

16 educational agency 4 years earlier, 

17 taking into account— 

18 ‘‘(aa) the movement of stu19 dents into and out of the school 

20 or local educational agency, docu21 mented through such evidence as 

22 a transcript, over the 4-year pe23 riod; and 

24 ‘‘(bb) the additional time 

25 that may be required for students 


ccoleman on PROD1PC71 with BILLS
26 

•S 1775 IS

1 with disabilities and recently ar2 rived students who have limited 

3 English proficiency to graduate 

4 with a regular secondary school 

5 diploma; and 

6 ‘‘(II) prior to the timeframe de7 scribed in subclause (I), by using the 

8 averaged freshman graduation rate as 

9 defined by the National Center for 

10 Education Statistics.’’; 

11 (iii) in subparagraph (F), by inserting 

12 ‘‘of mathematics and reading or language 

13 arts’’ after ‘‘State assessments’’; 

14 (iv) in subparagraph (G)— 

15 (I) in clause (iv), by striking 

16 ‘‘and’’ after the semicolon; 

17 (II) in clause (v), by striking the 

18 period and inserting ‘‘; and’’; and 

19 (III) by adding at the end the 

20 following: 

21 ‘‘(vi) shall include significant improve22 ment, as determined by the Secretary, in 

23 the graduation rate for public secondary 

24 school students that applies separately to 


ccoleman on PROD1PC71 with BILLS
27 

•S 1775 IS

1 each group of students described in sub2 paragraph (C)(v).’’; 

3 (v) in subparagraph (I)(ii), by striking 

4 ‘‘(except that’’ and all that follows through 

5 the period and inserting the following: ‘‘, 

6 except that— 

7 ‘‘(I) the 95 percent requirement 

8 described in this clause shall not apply 

9 in a case in which the number of stu10 dents in a category is insufficient to 

11 yield statistically reliable information 

12 or the results would reveal personally 

13 identifiable information about an indi14 vidual student; and 

15 ‘‘(II) the Secretary may promul16 gate regulations to permit States to 

17 omit from the 95 percent requirement 

18 described in clause (ii) students who 

19 cannot participate in a State’s assess20 ments due to a significant medical 

21 emergency.’’; 

22 (vi) in subparagraph (J)— 

23 (I) by striking clause (ii); and 

24 (II) by redesignating clause (iii) 

25 as clause (ii); and 


ccoleman on PROD1PC71 with BILLS
28 

•S 1775 IS

1 (vii) by adding at the end the fol2 lowing: 

3 ‘‘(L) STUDENT GROWTH.—Notwith4 standing any other provision of this paragraph, 

5 the Secretary may permit a State, consistent 

6 with requirements established by the Secretary, 

7 to establish and implement procedures for in8 corporating student academic growth into the 

9 State’s definition of adequate yearly progress 

10 under subparagraph (C). A State that desires 

11 to incorporate student academic growth into the 

12 State’s definition of adequate yearly progress 

13 under subparagraph (C) shall, at a minimum— 

14 ‘‘(i) include, in the State’s procedures 

15 for incorporating student academic growth 

16 in the definition of adequate yearly 

17 progress, an expectation that all students 

18 in each group described in subparagraph 

19 (C)(v) will, by school year 2013–2014, 

20 meet or exceed the State’s proficient level 

21 of academic achievement on the State as22 sessments under paragraph (3); 

23 ‘‘(ii) establish statewide annual meas24 urable objectives that are based on meeting 

25 the State’s proficient level of academic 


ccoleman on PROD1PC71 with BILLS
29 

•S 1775 IS

1 achievement on the State assessments 

2 under paragraph (3) and are not based on 

3 individual student background characteris4 tics; 

5 ‘‘(iii) establish separate, measurable 

6 objectives for the assessments of mathe7 matics and reading or language arts under 

8 paragraph (3); 

9 ‘‘(iv) ensure that all students who are 

10 tested using the State’s assessments under 

11 paragraph (3)(B) are included in the 

12 State’s assessment system under this sec13 tion; 

14 ‘‘(v) include, in the State’s definition 

15 of adequate yearly progress, the results of 

16 assessments, approved by the Secretary, 

17 that— 

18 ‘‘(I) produce comparable results 

19 from grade to grade and from year to 

20 year in each of the grades 3 through 

21 8, and in secondary school, in mathe22 matics and reading or language arts; 

23 and 

24 ‘‘(II) have been used by the State 

25 for more than 1 year; 


ccoleman on PROD1PC71 with BILLS
30 

•S 1775 IS

1 ‘‘(vi) track student progress through a 

2 State-developed longitudinal data system; 

3 and 

4 ‘‘(vii) include, as separate academic 

5 indicators in determining whether schools 

6 are making adequate yearly progress for a 

7 particular year— 

8 ‘‘(I) the rate of student participa9 tion in assessments under paragraph 

10 (3); 

11 ‘‘(II) another academic indicator 

12 described in subparagraph (C)(vi); 

13 and 

14 ‘‘(III) another academic indicator 

15 described in subparagraph (C)(vii). 

16 ‘‘(M) STUDENTS WITH DISABILITIES.— 

17 ‘‘(i) IN GENERAL.—In determining 

18 adequate yearly progress for schools, local 

19 educational agencies, and the State, a 

20 State may include— 

21 ‘‘(I) the scores of students with 

22 the most significant cognitive disabil23 ities who meet or exceed the proficient 

24 level of academic achievement based 

25 on alternate academic achievement 


ccoleman on PROD1PC71 with BILLS
31 

•S 1775 IS

1 standards, if the number of those stu2 dents (at the local educational agency 

3 and State levels, separately) does not 

4 exceed 1 percent of all students in the 

5 grades assessed in mathematics and 

6 reading or language arts; and 

7 ‘‘(II) the scores of students with 

8 disabilities who meet or exceed the 

9 proficient level of academic achieve10 ment based on modified academic 

11 achievement standards, if the number 

12 of those students (at the local edu13 cational agency and State levels, sepa14 rately) does not exceed 2 percent of 

15 all students in the grades assessed in 

16 mathematics and reading or language 

17 arts. 

18 ‘‘(ii) EXCEPTIONS.— 

19 ‘‘(I) 2 PERCENT.—Notwith20 standing clause (i), a State or local 

21 educational agency may exceed the 2 

22 percent limitation in clause (i)(II) if— 

23 ‘‘(aa) the number of pro24 ficient and advanced scores on 

25 the alternate academic achieveVerDate Aug 31 2005 04:05 Jul 14, 2007 Jkt 059200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\S1775.IS S1775

ccoleman on PROD1PC71 with BILLS
32 

•S 1775 IS

1 ment standards is less than 1 

2 percent; and 

3 ‘‘(bb) the number of pro4 ficient and advanced scores based 

5 on modified and alternate aca6 demic achievement standards 

7 combined does not exceed 3 per8 cent of all students in the grades 

9 assessed. 

10 ‘‘(II) 1 PERCENT.—A State may, 

11 in accordance with such criteria as the 

12 Secretary may prescribe, waive the 1 

13 percent limitation in clause (i)(I) for 

14 local educational agencies in the 

15 State, if the State does not exceed the 

16 1 percent limitation in clause (i)(I). 

17 ‘‘(iii) SPECIAL RULE.—A State or 

18 local educational agency may, in deter19 mining adequate yearly progress for the 

20 subgroup of students with disabilities, in21 clude the score of a student who previously 

22 met the definition of a child with a dis23 ability under section 602(3) of the Individ24 uals with Disabilities Education Act, for a 

25 period of not more than 2 years from the 


ccoleman on PROD1PC71 with BILLS
33 

•S 1775 IS

1 time the student stopped receiving services 

2 under such Act. 

3 ‘‘(N) ADEQUATE YEARLY PROGRESS FOR

4 LIMITED ENGLISH PROFICIENT STUDENTS.—In 

5 determining adequate yearly progress for 

6 schools, local educational agencies, and the 

7 State, a State may— 

8 ‘‘(i) for the purpose of meeting the re9 quirements of subsection (b)(2)(I)(ii), 

10 count recently arrived limited English pro11 ficient students as having participated in 

12 the State’s assessment, if the students 

13 have taken the State’s English language 

14 proficiency assessment under subsection 

15 (b)(7) or the State’s reading or language 

16 arts assessment; 

17 ‘‘(ii) for 2 administrations of the an18 nual mathematics assessments or reading 

19 or language arts assessments under para20 graph (3), choose not to include the scores 

21 of recently arrived limited English pro22 ficient students on the State’s mathematics 

23 assessment or the reading or language arts 

24 assessment, even if those students have 

25 been enrolled in the same school or served 


ccoleman on PROD1PC71 with BILLS
34 

•S 1775 IS

1 by the same local educational agency for a 

2 full academic year; and 

3 ‘‘(iii) include, in the subgroup of stu4 dents with limited English proficiency, the 

5 score of a student who was limited English 

6 proficient, for not more than 2 years after 

7 the year in which the student no longer 

8 meets the State’s definition of limited 

9 English proficient. 

10 ‘‘(O) ADEQUATE YEARLY PROGRESS FOR

11 REFUGEE CHILDREN.—The Secretary may pro12 mulgate regulations that permit additional flexi13 bility in determining adequate yearly progress 

14 for recently arrived limited English proficient 

15 students who have resettled in the United 

16 States through the United States Refugee Ad17 missions Program, administered by the Depart18 ment of State’s Bureau of Population, Refu19 gees, and Migration.’’; 

20 (C) in paragraph (3)— 

21 (i) by striking subparagraph (B) and 

22 inserting the following: 

23 ‘‘(B) USE OF ACADEMIC ASSESSMENT RE24 SULTS TO IMPROVE STUDENT ACADEMIC

25 ACHIEVEMENT.— 


ccoleman on PROD1PC71 with BILLS
35 

•S 1775 IS

1 ‘‘(i) IN GENERAL.—Each State plan 

2 shall demonstrate how results of academic 

3 assessments under this paragraph— 

4 ‘‘(I) will be promptly provided to 

5 local educational agencies, schools, 

6 and teachers in a manner that is clear 

7 and easy to understand, except that in 

8 no case shall the results be so pro9 vided later than the day before the 

10 first day of the school year that be11 gins after the assessment is adminis12 tered; and 

13 ‘‘(II) be used by those local edu14 cational agencies, schools, and teach15 ers to improve the educational 

16 achievement of individual students. 

17 ‘‘(ii) INCORPORATION OF DATA.— 

18 Each State educational agency may incor19 porate the data from assessments under 

20 this paragraph into a State developed lon21 gitudinal data system that links student 

22 test scores, teacher assignments, length of 

23 enrollment, and graduation records over 

24 time.’’; 

25 (ii) in subparagraph (C)— 


ccoleman on PROD1PC71 with BILLS
36 

•S 1775 IS

1 (I) in clause (v)(I), by striking 

2 ‘‘once during’’ and all that follows 

3 through the semicolon at the end of 

4 item (cc) and inserting ‘‘once during 

5 grades 10 through 12;’’; 

6 (II) in clause (vii)— 

7 (aa) by striking ‘‘beginning 

8 not later than school year 2005– 

9 2006,’’; and 

10 (bb) by striking ‘‘, except 

11 that’’ and all that follows 

12 through ‘‘1-year period’’; 

13 (III) by striking clause (ix) and 

14 inserting the following: 

15 ‘‘(ix) provide for— 

16 ‘‘(I) the participation in such as17 sessments of all students; 

18 ‘‘(II) the appropriate accom19 modations for students with disabil20 ities necessary to measure the aca21 demic achievement of such students 

22 relative to State academic content and 

23 State student academic achievement 

24 standards; 


ccoleman on PROD1PC71 with BILLS
37 

•S 1775 IS

1 ‘‘(III) alternate assessments 

2 aligned with grade-level academic con3 tent and academic achievement stand4 ards, unless the State develops alter5 nate assessments aligned with— 

6 ‘‘(aa) alternate academic 

7 achievement standards, con8 sistent with subparagraph (D), 

9 for students with the most sig10 nificant cognitive disabilities; or 

11 ‘‘(bb) modified academic 

12 achievement standards consistent 

13 with subparagraph (D); and 

14 ‘‘(IV) the inclusion of limited 

15 English proficient students, who shall 

16 be assessed in a valid and reliable 

17 manner and provided reasonable ac18 commodations on assessments admin19 istered to such students under this 

20 paragraph, including, to the extent 

21 practicable, assessments in the lan22 guage and form most likely to yield 

23 accurate data on what such students 

24 know and can do in academic content 

25 areas, until such students have 


ccoleman on PROD1PC71 with BILLS
38 

•S 1775 IS

1 achieved English language proficiency 

2 as determined under paragraph (7), 

3 except as provided in subparagraph 

4 (E); and’’; and 

5 (IV) in clause (x), by striking 

6 ‘‘subclause (III)’’ and inserting 

7 ‘‘clause (ix)(III)’’; 

8 (iii) by redesignating subparagraph 

9 (D) as subparagraph (F); 

10 (iv) by inserting after subparagraph 

11 (C), as amended by clause (ii), the fol12 lowing: 

13 ‘‘(D) STUDENTS WITH DISABILITIES.— 

14 ‘‘(i) ALTERNATE STANDARDS.—A 

15 State may provide for alternate assess16 ments aligned with alternate academic 

17 achievement standards for students with 

18 the most significant cognitive disabilities, if 

19 the State— 

20 ‘‘(I) establishes and monitors im21 plementation of clear and appropriate 

22 guidelines for individualized education 

23 program teams (as that term is de24 fined in section 614(d)(1)(B) of the 

25 Individuals with Disabilities EduVerDate Aug 31 2005 04:05 Jul 14, 2007 Jkt 059200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\S1775.IS S1775

ccoleman on PROD1PC71 with BILLS
39 

•S 1775 IS

1 cation Act) to apply in determining 

2 when a child’s significant cognitive 

3 disability justifies assessment based 

4 on alternate academic achievement 

5 standards; 

6 ‘‘(II) ensures that the parents of 

7 those students are informed that their 

8 child’s academic achievement will be 

9 based on alternate academic achieve10 ment standards; 

11 ‘‘(III) documents that students 

12 with the most significant cognitive 

13 disabilities are, to the extent prac14 ticable, included in the general cur15 riculum, and in assessments aligned 

16 with that curriculum; 

17 ‘‘(IV) develops, disseminates in18 formation on, and promotes the use 

19 of, appropriate accommodations to in20 crease the number of students with 

21 disabilities who are tested against aca22 demic achievement standards for the 

23 grade in which a student is enrolled; 

24 and 


ccoleman on PROD1PC71 with BILLS
40 

•S 1775 IS

1 ‘‘(V) ensures that regular and 

2 special education teachers and other 

3 appropriate staff know how to admin4 ister assessments, including making 

5 appropriate use of accommodations, 

6 for students with disabilities. 

7 ‘‘(ii) MODIFIED STANDARDS.—A State 

8 may assess students with disabilities based 

9 on modified academic achievement stand10 ards in any of the assessments for which 

11 assessments are administered under this 

12 paragraph, if the State— 

13 ‘‘(I) establishes and monitors im14 plementation of clear and appropriate 

15 guidelines for individualized education 

16 program teams to apply in deter17 mining which students with disabil18 ities are eligible to be assessed based 

19 on modified academic achievement 

20 standards, which criteria, at a min21 imum, shall include— 

22 ‘‘(aa) whether the student’s 

23 disability has precluded the stu24 dent from achieving grade-level 

25 proficiency, as demonstrated by 


ccoleman on PROD1PC71 with BILLS
41 

•S 1775 IS

1 objective evidence, such as the 

2 student’s performance on the 

3 State’s regular assessments or on 

4 other assessments that can val5 idly demonstrate academic 

6 achievement; and 

7 ‘‘(bb) whether the student’s 

8 progress in response to appro9 priate instruction, including spe10 cial education and related serv11 ices designed to address the stu12 dent’s individual needs, is such 

13 that, even if significant growth 

14 occurs, the individualized edu15 cation program team is reason16 ably certain that the student will 

17 not achieve grade-level pro18 ficiency within the year covered 

19 by the student’s individualized 

20 education program, which 

21 progress shall be based on mul22 tiple measurements, over a period 

23 of time, that are valid for the 

24 subjects being assessed; 


ccoleman on PROD1PC71 with BILLS
42 

•S 1775 IS

1 ‘‘(II) ensures that, if a student’s 

2 individualized education program in3 cludes goals for a subject assessed 

4 based on modified academic achieve5 ment standards, those goals are based 

6 on academic content standards for the 

7 grade in which the student is enrolled; 

8 ‘‘(III) ensures that parents of 

9 students with disabilities who are as10 sessed against modified academic 

11 achievement standards are informed 

12 that their child’s achievement will be 

13 measured based on modified academic 

14 achievement standards; 

15 ‘‘(IV) ensures that the alternate 

16 assessment yields results that measure 

17 the achievement of those students sep18 arately in reading or language arts, 

19 mathematics, and science relative to 

20 the modified academic achievement 

21 standards; 

22 ‘‘(V) ensures that students who 

23 are assessed based on modified aca24 demic achievement standards have ac25 cess to the curriculum, including inVerDate Aug 31 2005 04:05 Jul 14, 2007 Jkt 059200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\S1775.IS S1775

ccoleman on PROD1PC71 with BILLS
43 

•S 1775 IS

1 struction, for the grade in which the 

2 students are enrolled; and 

3 ‘‘(VI) establishes and monitors 

4 implementation of clear and appro5 priate guidelines for individualized 

6 education program teams to apply in 

7 developing and implementing individ8 ualized education programs for stu9 dents who are assessed based on 

10 modified academic achievement stand11 ards. 

12 ‘‘(E) STUDENTS WITH LIMITED ENGLISH

13 PROFICIENCY.—A State may exempt a recently 

14 arrived limited English proficient student from 

15 2 administrations of the State’s reading or lan16 guage arts assessment.’’; and 

17 (v) in subparagraph (F), as redesig18 nated by clause (iii), by striking 

19 ‘‘6113(a)(2) is less than’’ and all that fol20 lows through ‘‘through 2007.’’ and insert21 ing ‘‘6113(a)(1) is less than 

22 $400,000,000.’’; 

23 (D) by striking paragraphs (7), (8), (9), 

24 and (10); and 

25 (E) by adding at the end the following: 


ccoleman on PROD1PC71 with BILLS
44 

•S 1775 IS

1 ‘‘(7) ASSESSMENT OF ENGLISH LANGUAGE PRO2 FICIENCY.—Each State plan shall demonstrate that 

3 local educational agencies in the State will provide 

4 for an annual assessment of English proficiency 

5 (measuring students’ proficiency in speaking, listen6 ing, reading, writing, and comprehension in English) 

7 of all students with limited English proficiency in 

8 the schools served by the State educational agency. 

9 ‘‘(8) DEFINITIONS.—In this subsection: 

10 ‘‘(A) RECENTLY ARRIVED LIMITED

11 ENGLISH PROFICIENT STUDENT.—The term ‘re12 cently arrived limited English proficient stu13 dent’ means a student with limited English pro14 ficiency who has attended schools in the United 

15 States for a period of less than 24 months. 

16 ‘‘(B) SCHOOL IN THE UNITED STATES.— 

17 The term ‘school in the United States’ means 

18 an elementary school or secondary school in 1 

19 of the 50 States or the District of Columbia.’’; 

20 (3) by striking subsection (c) and inserting the 

21 following: 

22 ‘‘(c) PROVISIONS TO SUPPORT TEACHING AND

23 LEARNING.—Each State plan shall— 

24 ‘‘(1) describe how the State will notify local 

25 educational agencies, teachers, parents, and the pubVerDate Aug 31 2005 04:05 Jul 14, 2007 Jkt 059200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 E:\BILLS\S1775.IS S1775

ccoleman on PROD1PC71 with BILLS
45 

•S 1775 IS

1 lic of the academic content standards, student aca2 demic achievement standards, and academic assess3 ments, developed under this section; 

4 ‘‘(2) describe how the State educational agency 

5 will assist each local educational agency and school 

6 affected by the State plan to develop the capacity to 

7 comply with each of the requirements of sections 

8 1112(b), 1114(b), and 1115(c) that is applicable to 

9 the local educational agency or school; 

10 ‘‘(3) describe how the State educational agency 

11 will assist each local educational agency and school 

12 affected by the State plan to provide additional edu13 cational assistance to individual students assessed 

14 and determined to need help to meet the State’s 

15 challenging academic achievement standards; 

16 ‘‘(4) describe how the State educational agency, 

17 in consultation with the Governor, will to carry out 

18 the responsibilities of the State under sections 1116 

19 and 1117, including carrying out the State edu20 cational agency’s statewide system of technical as21 sistance and support for local educational agencies; 

22 ‘‘(5) describe the specific steps the State edu23 cational agency will take to ensure that schoolwide 

24 programs and targeted assistance schools provide in25 struction by highly qualified instructional staff as reVerDate Aug 31 2005 04:05 Jul 14, 2007 Jkt 059200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\S1775.IS S1775

ccoleman on PROD1PC71 with BILLS
46 

•S 1775 IS

1 quired by sections 1114(b)(1)(C) and 1115(c)(1)(E), 

2 including steps that the State educational agency 

3 will take to ensure that poor and minority children 

4 are not taught at higher rates than other children by 

5 inexperienced, unqualified, or out-of-field teachers, 

6 and the measures that the State educational agency 

7 will use to evaluate and publicly report the progress 

8 of the State educational agency with respect to such 

9 steps; 

10 ‘‘(6) include an assurance that the State edu11 cational agency will assist local educational agencies 

12 in developing or identifying high-quality effective 

13 curricula aligned with State academic achievement 

14 standards and describe how the State educational 

15 agency will disseminate such curricula to each local 

16 educational agency and school within the State; 

17 ‘‘(7) include an assurance that the State edu18 cational agency will coordinate and collaborate, to 

19 the extent feasible and necessary as determined by 

20 the State educational agency, with agencies pro21 viding services to children, youth, and families, with 

22 respect to local educational agencies within the State 

23 that are identified for improvement or corrective ac24 tion under section 1116 and that request assistance 

25 with addressing major factors that have significantly 


ccoleman on PROD1PC71 with BILLS
47 

•S 1775 IS

1 affected the academic achievement of students in the 

2 local educational agency or schools served by the 

3 local educational agency; and 

4 ‘‘(8) include an assurance that the State edu5 cational agency will work with other agencies, in6 cluding educational service agencies or other local 

7 consortia, and institutions to provide technical as8 sistance to local educational agencies and schools, 

9 including technical assistance in providing profes10 sional development under section 1119, technical as11 sistance under section 1117, and technical assistance 

12 relating to parental involvement under section 

13 1118.’’; 

14 (4) by striking subsections (e), (f), and (g); 

15 (5) by redesignating subsections (h), (i), (j), 

16 (k), (l), and (m), as subparagraphs (e), (g), (h), (i), 

17 (j), and (k), respectively; 

18 (6) in subsection (e), as redesignated by para19 graph (5)— 

20 (A) in paragraph (1)— 

21 (i) in subparagraph (A), by striking 

22 ‘‘Not later than the beginning of the 

23 2002–2003 school year, unless’’ and insert24 ing ‘‘Unless’’; 

25 (ii) in subparagraph (C)— 


ccoleman on PROD1PC71 with BILLS
48 

•S 1775 IS

1 (I) by redesignating clauses (i) 

2 through (viii) as clauses (ii) through 

3 (ix), respectively; 

4 (II) by inserting before clause 

5 (ii), as redesignated by clause (i), the 

6 following: 

7 ‘‘(i) a clear and concise description of 

8 the State’s accountability system, including 

9 a description of the criteria by which the 

10 State evaluates school performance, and 

11 the criteria that the State has established, 

12 consistent with subsection (b)(2), to deter13 mine the status of schools regarding school 

14 improvement and restructuring;’’; 

15 (III) in clause (viii), as redesig16 nated by clause (i), by striking ‘‘and’’ 

17 after the semicolon; 

18 (IV) in clause (ix), as redesig19 nated by clause (i), by striking the pe20 riod and inserting ‘‘; and’’; and 

21 (V) by adding at the end the fol22 lowing: 

23 ‘‘(x) information on the academic 

24 achievement and gains in English language 


ccoleman on PROD1PC71 with BILLS
49 

•S 1775 IS

1 proficiency of students with limited 

2 English proficiency, including— 

3 ‘‘(I) information on the number 

4 of students with limited English pro5 ficiency who achieved proficiency in 

6 English and, therefore, exited the lim7 ited English proficiency subgroup; and 

8 ‘‘(II) the number of recently ar9 rived limited English proficient stu10 dents in the State exempted from tak11 ing the reading or language arts as12 sessments under subsection (b)(3); 

13 and 

14 ‘‘(xi) for the prior school year— 

15 ‘‘(I) the number of students eligi16 ble to participate in public school 

17 choice and supplemental educational 

18 services under this part; 

19 ‘‘(II) the number of students who 

20 so participated; and 

21 ‘‘(III) the total amount of funds 

22 expended for supplemental educational 

23 services.’’; 

24 (iii) in subparagraph (D)— 

25 (I) by striking clause (iii); 


ccoleman on PROD1PC71 with BILLS
50 

•S 1775 IS

1 (II) by redesignating clauses (iv), 

2 (v), and (vi) as clauses (iii), (iv), and 

3 (v), respectively; 

4 (III) by striking clause (vii) and 

5 inserting the following: 

6 ‘‘(vi) postsecondary enrollment 

7 rates.’’; 

8 (B) in paragraph (2)— 

9 (i) in subparagraph (A)(i), by striking 

10 ‘‘Not later than the beginning of the 

11 2002–2003 school year, a local’’ and in12 serting ‘‘A local’’; 

13 (ii) in subparagraph (B)(i)— 

14 (I) in subclause (I)— 

15 (aa) by striking ‘‘1116(c)’’ 

16 and inserting ‘‘1116(b)’’; and 

17 (bb) by striking ‘‘and’’ after 

18 the semicolon; and 

19 (II) by adding at the end the fol20 lowing: 

21 ‘‘(III) the information described 

22 in paragraph (1)(C)(xi), relating to 

23 student participation in public-school 

24 choice and supplemental educational 

25 services; and’’; and 


ccoleman on PROD1PC71 with BILLS
51 

•S 1775 IS

1 (iii) in subparagraph (E), by striking 

2 ‘‘the 2002–2003’’ and inserting ‘‘each’’; 

3 (C) in paragraph (3), by striking ‘‘2001’’ 

4 and inserting ‘‘2007’’; 

5 (D) by striking paragraph (4) and insert6 ing the following: 

7 ‘‘(4) ANNUAL STATE REPORT TO THE SEC8 RETARY.—Each State educational agency receiving 

9 assistance under this part shall report annually to 

10 the Secretary, and make widely available within the 

11 State— 

12 ‘‘(A) information on the State’s progress in 

13 developing and implementing the academic as14 sessments described in subsection (b)(3); 

15 ‘‘(B) information on the achievement of 

16 students on the academic assessments required 

17 by subsection (b)(3), including the 

18 disaggregated results for the categories of stu19 dents identified in subsection (b)(2)(C)(v); 

20 ‘‘(C) the number and percentage of stu21 dents with disabilities who have taken— 

22 ‘‘(i) general assessments; 

23 ‘‘(ii) general assessments with accom24 modations; 


ccoleman on PROD1PC71 with BILLS
52 

•S 1775 IS

1 ‘‘(iii) alternate assessments based on 

2 grade-level academic achievement stand3 ards; 

4 ‘‘(iv) alternate assessments based on 

5 modified academic achievement standards; 

6 and 

7 ‘‘(v) alternate assessments based on 

8 alternate academic achievement standards; 

9 ‘‘(D) information on the acquisition of 

10 English proficiency by children with limited 

11 English proficiency; 

12 ‘‘(E) the number and names of each school 

13 identified for school improvement and restruc14 turing under section 1116(b), the reason why 

15 each school was so identified, and the measures 

16 taken to address the achievement problems of 

17 such schools; 

18 ‘‘(F) for the prior school year— 

19 ‘‘(i) the number of students eligible to 

20 participate in public school choice and sup21 plemental educational services under this 

22 part; 

23 ‘‘(ii) the actual number of students 

24 who so participated; and 


ccoleman on PROD1PC71 with BILLS
53 

•S 1775 IS

1 ‘‘(iii) the total amount of funds ex2 pended for supplemental educational serv3 ices; and 

4 ‘‘(G) information on the quality of teachers 

5 and the percentage of classes being taught by 

6 highly qualified teachers in the State, local edu7 cational agency, and school.’’; 

8 (E) in paragraph (5), by striking ‘‘the 

9 Workforce’’ and inserting ‘‘Labor’’; and 

10 (F) by striking paragraph (6); 

11 (7) by inserting after subsection (e), as redesig12 nated by paragraph (5) and amended by paragraph 

13 (6), the following: 

14 ‘‘(f) OTHER ASSURANCES.—Each State plan shall 

15 contain an assurance that— 

16 ‘‘(1) the State will participate in biennial State 

17 academic assessments of 4th and 8th grade reading 

18 and mathematics under the National Assessment of 

19 Educational Progress carried out under section 303 

20 of the National Assessment of Educational Progress 

21 Authorization Act if the Secretary pays the costs of 

22 administering such assessments; 

23 ‘‘(2) the State educational agency will provide 

24 the least restrictive and burdensome regulations for 


ccoleman on PROD1PC71 with BILLS
54 

•S 1775 IS

1 local educational agencies and individual schools par2 ticipating in a program assisted under this part; 

3 ‘‘(3) the State educational agency will encour4 age schools to consolidate funds from other Federal, 

5 State, and local sources for schoolwide reform in 

6 schoolwide programs under section 1114 and modify 

7 or eliminate State fiscal and accounting barriers so 

8 that schools can easily consolidate funds from other 

9 Federal, State, and local sources for schoolwide pro10 grams under section 1114; 

11 ‘‘(4) the State educational agency has involved 

12 the committee of practitioners established under sec13 tion 1903(b) in developing the State plan and moni14 toring implementation of the State plan; 

15 ‘‘(5) the State educational agency will inform 

16 local educational agencies in the State of the local 

17 educational agency’s authority to transfer funds 

18 under title VI, to obtain waivers under part D of 

19 title IX, and, if the State is an Ed-Flex Partnership 

20 State, to obtain waivers under the Education Flexi21 bility Partnership Act of 1999; and 

22 ‘‘(6) the State educational agency will coordi23 nate activities funded under this part with other 

24 Federal activities as appropriate.’’; and 


ccoleman on PROD1PC71 with BILLS
55 

•S 1775 IS

1 (8) in subsection (k) (as redesignated by para2 graph (5))— 

3 (A) in the subsection heading, by striking 

4 ‘‘BUREAU-FUNDED SCHOOLS’’ and inserting 

5 ‘‘DEPARTMENT OF THE INTERIOR-FUNDED

6 SCHOOLS’’; and 

7 (B) in the matter preceding paragraph (1) 

8 of subsection (k)— 

9 (i) by striking ‘‘operated or funded by 

10 BIA’’; and 

11 (ii) by inserting ‘‘from the Depart12 ment of the Interior’’ after ‘‘receiving 

13 funds’’. 

14 SEC. 1112. LOCAL EDUCATIONAL AGENCY PLANS. 

15 Section 1112 (20 U.S.C. 6312) is amended— 

16 (1) in subsection (a), by adding at the end the 

17 following: 

18 ‘‘(3) STATE REVIEW AND APPROVAL.— 

19 ‘‘(A) IN GENERAL.—Each local educational 

20 agency plan shall be filed according to a sched21 ule established by the State educational agency. 

22 ‘‘(B) APPROVAL.—The State educational 

23 agency shall approve a local educational agen24 cy’s plan only if the State educational agency 


ccoleman on PROD1PC71 with BILLS
56 

•S 1775 IS

1 determines that the local educational agency’s 

2 plan— 

3 ‘‘(i) enables schools served under this 

4 part to substantially help children served 

5 under this part meet the academic stand6 ards expected of all children as described 

7 in section 1111(b)(1); and 

8 ‘‘(ii) meets the requirements of this 

9 section. 

10 ‘‘(C) REVIEW.—The State educational 

11 agency shall review the local educational agen12 cy’s plan to determine if such agency’s activities 

13 are in accordance with sections 1118 and 1119. 

14 ‘‘(4) PLAN DEVELOPMENT AND DURATION.— 

15 ‘‘(A) CONSULTATION.—Each local edu16 cational agency plan shall be developed in con17 sultation with teachers, principals, administra18 tors (including administrators of programs de19 scribed in other parts of this title), and other 

20 appropriate school personnel, and with parents 

21 of children in schools served under this part. 

22 ‘‘(B) PROGRAM RESPONSIBILITY.—Each 

23 local educational agency plan shall reflect the 

24 shared responsibility of schools, teachers, and 

25 the local educational agency in making deciVerDate Aug 31 2005 04:05 Jul 14, 2007 Jkt 059200 PO 00000 Frm 00056 Fmt 6652 Sfmt 6201 E:\BILLS\S1775.IS S1775

ccoleman on PROD1PC71 with BILLS
57 

•S 1775 IS

1 sions regarding activities under sections 1114 

2 and 1115. 

3 ‘‘(C) DURATION.—Each local educational 

4 agency plan shall be submitted for the first year 

5 for which this part is in effect following the 

6 date of enactment of the No Child Left Behind 

7 Act of 2007 and shall remain in effect for the 

8 duration of the agency’s participation under 

9 this part. 

10 ‘‘(D) REVIEW.—Each local educational 

11 agency shall periodically review and, as nec12 essary, revise its plan to reflect changes in the 

13 local educational agency’s strategies and pro14 grams under this part.’’; 

15 (2) in subsection (b)— 

16 (A) in paragraph (1)— 

17 (i) by striking subparagraphs (F), (I), 

18 (L), (M), (N), (O), and (P); 

19 (ii) by redesignating subparagraphs 

20 (D), (E), (G), (H), (J), (K), and (Q), as 

21 subparagraphs (H), (I), (K), (L), (M), (O), 

22 and (P), respectively; 

23 (iii) by inserting after subparagraph 

24 (C) the following: 


ccoleman on PROD1PC71 with BILLS
58 

•S 1775 IS

1 ‘‘(D) a description of how the local edu2 cational agency will work in consultation with 

3 schools to develop the school’s plans and activi4 ties pursuant to sections 1114 and 1115 so that 

5 each school can make adequate yearly progress 

6 toward meeting the State student academic 

7 achievement standards and a description of the 

8 programs to be conducted by such agency’s 

9 schools under sections 1114 and 1115, and 

10 where appropriate, educational services outside 

11 such schools for children living in local institu12 tions for neglected or delinquent children, and 

13 for neglected and delinquent children in com14 munity day school programs; 

15 ‘‘(E) a description of the actions the local 

16 educational agency will take to assist schools 

17 identified for academic alert, improvement, or 

18 restructuring under section 1116 and how the 

19 local educational agency will take into account 

20 the experience of model programs for the educa21 tionally disadvantaged, and the findings of rel22 evant scientifically based research indicating 

23 which programs and services may be most effec24 tive in improving student academic achieve25 ment; 


ccoleman on PROD1PC71 with BILLS
59 

•S 1775 IS

1 ‘‘(F) a description of the actions the local 

2 educational agency will take to implement pub3 lic school choice and supplemental services, con4 sistent with the requirements of section 1116; 

5 ‘‘(G) a description of how the local edu6 cational agency will meet the requirements of 

7 section 1119 regarding the qualifications of 

8 teachers and paraprofessionals and of how the 

9 local educational agency will ensure, through in10 centives for voluntary transfers, recruitment 

11 programs, incentive pay, performance- or merit12 based pay systems, or other effective strategies, 

13 that low-income students and minority students 

14 are not taught at higher rates than other stu15 dents by unqualified, out-of-field, or inexperi16 enced teachers;’’; 

17 (iv) in subparagraph (I)(i) (as redes18 ignated by clause (ii)), by striking ‘‘Even 

19 Start,’’; 

20 (v) by inserting after subparagraph 

21 (I) (as redesignated by clause (ii)) the fol22 lowing: 

23 ‘‘(J) a description of the strategy the local 

24 educational agency will use to implement effec25 tive parental involvement under section 1118;’’; 


ccoleman on PROD1PC71 with BILLS
60 

•S 1775 IS

1 (vi) by inserting after subparagraph 

2 (M) (as redesignated by clause (ii)) the fol3 lowing: 

4 ‘‘(N) a description of the services the local 

5 educational agency will provide homeless chil6 dren, including services provided with funds re7 served under section 1113(c)(3)(A);’’; 

8 (vii) in subparagraph (O) (as redesig9 nated by clause (ii))— 

10 (I) by striking ‘‘First,’’ and in11 serting ‘‘First’’; 

12 (II) by striking ‘‘or Even Start’’; 

13 (III) by striking ‘‘, or an agency 

14 operating an Even Start program’’; 

15 and 

16 (IV) by adding ‘‘and’’ after the 

17 semicolon; and 

18 (viii) in subparagraph (P) (as redesig19 nated by clause (ii)), by striking ‘‘support’’ 

20 and all that follows through the period at 

21 the end and inserting ‘‘support extended 

22 learning opportunities, including before 

23 and after school, summer school, and 

24 school-year extension programs.’’; and 

25 (B) in paragraph (2)(B)— 


ccoleman on PROD1PC71 with BILLS
61 

•S 1775 IS

1 (i) by inserting ‘‘academic alert,’’ 

2 after ‘‘schools for’’; and 

3 (ii) by striking ‘‘or in need of correc4 tive action or’’ and inserting ‘‘, or’’; 

5 (3) in subsection (c)— 

6 (A) in paragraph (1)— 

7 (i) by striking subparagraphs (B), 

8 (C), (D), (F), (H), (I), (J), (L), (M), (N), 

9 and (O); 

10 (ii) by redesignating subparagraphs 

11 (A), (G), and (K), as subparagraphs (C), 

12 (F), and (G); 

13 (iii) by inserting before subparagraph 

14 (C) (as redesignated by clause (ii)) the fol15 lowing: 

16 ‘‘(A) assist each school served by the agen17 cy and assisted under this part in developing or 

18 identifying examples of high-quality, effective 

19 curricula consistent with section 1111(c)(6); 

20 ‘‘(B) ensure that the results from the aca21 demic assessments required under section 

22 1111(b)(3) will be provided to parents and 

23 teachers as soon as is practicably possible after 

24 the test is taken, in an understandable and uni25 form format and, to the extent practicable, proVerDate Aug 31 2005 04:05 Jul 14, 2007 Jkt 059200 PO 00000 Frm 00061 Fmt 6652 Sfmt 6201 E:\BILLS\S1775.IS S1775

ccoleman on PROD1PC71 with BILLS
62 

•S 1775 IS

1 vided in a language that the parents can under2 stand;’’; 

3 (iv) by inserting after subparagraph 

4 (C) (as redesignated by clause (ii)) the fol5 lowing: 

6 ‘‘(D) inform eligible schools of the local 

7 educational agency’s authority to obtain waivers 

8 on the school’s behalf under title IX and, if the 

9 State is an Ed-Flex Partnership State, to ob10 tain waivers under the Education Flexibility 

11 Partnership Act of 1999;’’; 

12 (v) in subparagraph (G) (as redesig13 nated by clause (ii)), by inserting ‘‘and’’ 

14 after the semicolon; and 

15 (vi) by inserting after subparagraph 

16 (G) (as redesignated by clause (ii)), the 

17 following: 

18 ‘‘(H) an assurance that the local edu19 cational agency will participate, if selected, in 

20 the State assessments of educational progress 

21 in 4th and 8th grade reading and mathematics 

22 carried out under section 303 of the National 

23 Assessment of Educational Progress Authoriza24 tion Act.’’; 


ccoleman on PROD1PC71 with BILLS
63 

•S 1775 IS

1 (B) in paragraph (2), by striking ‘‘sub2 paragraph (G)’’ and inserting ‘‘subparagraph 

3 (F)’’; and 

4 (C) by striking paragraph (3); 

5 (4) by striking subsections (d), (e), and (f); 

6 (5) by redesignating subsection (g) as sub7 section (e); 

8 (6) by inserting after subsection (c) the fol9 lowing: 

10 ‘‘(d) PARENTS RIGHT-TO-KNOW.— 

11 ‘‘(1) QUALIFICATIONS.—At the beginning of 

12 each school year, a local educational agency that re13 ceives funds under this part shall notify the parents 

14 of each student attending any school receiving funds 

15 under this part that the parents may request, and 

16 the agency will provide the parents on request (and 

17 in a timely manner), information regarding the pro18 fessional qualifications of the student’s classroom 

19 teachers, including, at a minimum, the following: 

20 ‘‘(A) Whether the teacher has met State 

21 qualification and licensing criteria for the grade 

22 levels and subject areas in which the teacher 

23 provides instruction. 

24 ‘‘(B) Whether the teacher is teaching 

25 under emergency or other provisional status 


ccoleman on PROD1PC71 with BILLS
64 

•S 1775 IS

1 through which State qualification or licensing 

2 criteria have been waived. 

3 ‘‘(C) The baccalaureate degree major of 

4 the teacher and any other graduate certification 

5 or degree held by the teacher, and the field of 

6 discipline of the certification or degree. 

7 ‘‘(D) Whether the child is provided services 

8 by paraprofessionals and, if so, their qualifica9 tions. 

10 ‘‘(2) ADDITIONAL INFORMATION.—In addition 

11 to the information that parents may request under 

12 paragraph (1), a school that receives funds under 

13 this part shall provide to each individual parent— 

14 ‘‘(A) information on the level of achieve15 ment of the parent’s child in each of the State 

16 academic assessments as required under this 

17 part; and 

18 ‘‘(B) timely notice that the parent’s child 

19 has been assigned, or has been taught for 4 or 

20 more consecutive weeks by, a teacher who is not 

21 highly qualified. 

22 ‘‘(3) FORMAT.—The notice and information 

23 provided to parents under this subsection shall be in 

24 an understandable and uniform format and, to the 


ccoleman on PROD1PC71 with BILLS
65 

•S 1775 IS

1 extent practicable, provided in a language that the 

2 parents can understand.’’; and 

3 (7) in subsection (e), in the heading, by striking 

4 ‘‘PARENTAL NOTIFICATION’’ and inserting ‘‘LAN5 GUAGE INSTRUCTION’’. 

6 SEC. 1113. SCHOOLWIDE PROGRAMS. 

7 Section 1114 (20 U.S.C. 6314) is amended— 

8 (1) in subsection (b)— 

9 (A) in paragraph (1)— 

10 (i) in subparagraph (B)(iii)(I)(cc), by 

11 striking ‘‘vocational’’ and inserting ‘‘ca12 reer’’; 

13 (ii) in subparagraph (C), by inserting 

14 ‘‘and strategies to attract high-quality 

15 highly qualified teachers to high-need 

16 schools through incentive pay, 

17 performance- or merit-based pay systems, 

18 or other effective strategies to ensure that 

19 low-income students and minority students 

20 are not taught at higher rates than other 

21 students by unqualified, out-of-field, or in22 experienced teachers’’ after ‘‘teachers’’; 

23 (iii) by striking subparagraph (E); 

24 (iv) by redesignating subparagraphs 

25 (F), (G), (H), (I), and (J), as subparaVerDate Aug 31 2005 04:05 Jul 14, 2007 Jkt 059200 PO 00000 Frm 00065 Fmt 6652 Sfmt 6201 E:\BILLS\S1775.IS S1775

ccoleman on PROD1PC71 with BILLS
66 

•S 1775 IS

1 graphs (E), (F), (G), (H), and (I), respec2 tively; 

3 (v) in subparagraph (F) (as redesig4 nated by clause (iv)) by striking ‘‘Even 

5 Start,’’; and 

6 (vi) in subparagraph (I) (as redesig7 nated by clause (iv)) by striking ‘‘voca8 tional’’ and inserting ‘‘career’’; and 

9 (B) in paragraph (2)— 

10 (i) in subparagraph (A), by striking 

11 ‘‘2001’’ and inserting ‘‘2007’’; and 

12 (ii) in subparagraph (B)— 

13 (I) in clause (i)(II), by striking 

14 ‘‘2001’’ and inserting ‘‘2007’’; and 

15 (II) in clause (v), by striking 

16 ‘‘Even Start,’’; and 

17 (2) in subsection (c), by striking ‘‘Even Start 

18 programs or’’. 

19 SEC. 1114. TARGETED ASSISTANCE SCHOOLS. 

20 Section 1115 (20 U.S.C. 6315) is amended— 

21 (1) in subsection (b)(2)(B)— 

22 (A) by striking ‘‘, EVEN START,’’; and 

23 (B) by striking ‘‘, Even Start,’’; and 

24 (2) in subsection (c)(1)— 


ccoleman on PROD1PC71 with BILLS
67 

•S 1775 IS

1 (A) in subparagraph (D), by striking 

2 ‘‘Even Start,’’; 

3 (B) in subparagraph (E), by inserting 

4 ‘‘and include strategies to attract high-quality 

5 highly qualified teachers to high-need schools 

6 through incentive pay, performance- or merit7 based pay systems, or other effective strategies 

8 to ensure that low-income students and minor9 ity students are not taught at higher rates than 

10 other students by unqualified, out-of-field, or 

11 inexperienced teachers’’ after ‘‘teachers’’; and 

12 (C) in subparagraph (H), by striking ‘‘vo13 cational’’ and inserting ‘‘career’’. 

14 SEC. 1115. ACADEMIC ASSESSMENT AND LOCAL EDU15 CATIONAL AGENCY AND SCHOOL IMPROVE16 MENT. 

17 Section 1116 (20 U.S.C. 6316) is amended— 

18 (1) in subsection (a)(1)— 

19 (A) in subparagraph (B)— 

20 (i) by striking ‘‘subject to’’ and insert21 ing ‘‘identified for academic alert,’’; 

22 (ii) by striking ‘‘corrective action,’’; 

23 (iii) by inserting ‘‘academic alert,’’ 

24 after ‘‘additional schools for’’; and 


ccoleman on PROD1PC71 with BILLS
68 

•S 1775 IS

1 (iv) by striking ‘‘improvement or in 

2 need of corrective action’’ and inserting 

3 ‘‘improvement,’’; and 

4 (B) in subparagraph (C), by striking ‘‘, in 

5 an instructionally useful manner,’’; 

6 (2) by striking subsection (b) and inserting the 

7 following: 

8 ‘‘(b) SCHOOL IMPROVEMENT.— 

9 ‘‘(1) GENERAL REQUIREMENTS.— 

10 ‘‘(A) IDENTIFICATION.—Subject to sub11 paragraph (C), a local educational agency 

12 shall— 

13 ‘‘(i) identify for academic alert any el14 ementary school or secondary school served 

15 under this part that for 1 year does not 

16 make adequate yearly progress as defined 

17 in the State’s plan under section 

18 1111(b)(2); 

19 ‘‘(ii) identify for school improvement 

20 any elementary school or secondary school 

21 served under this part that, for the 2nd, 

22 3rd, or 4th consecutive year, does not to 

23 make adequate yearly progress as defined 

24 in the State’s plan under section 

25 1111(b)(2); and 


ccoleman on PROD1PC71 with BILLS
69 

•S 1775 IS

1 ‘‘(iii) identify for restructuring any el2 ementary school or secondary school served 

3 under this part that, for the 5th consecu4 tive year, does not make adequate yearly 

5 progress as defined in the State’s plan 

6 under section 1111(b)(2). 

7 ‘‘(B) DEADLINE.—The identification de8 scribed in subparagraph (A) shall take place be9 fore the beginning of the school year following 

10 the school year in which the school did not 

11 make adequate yearly progress. 

12 ‘‘(C) APPLICATION.—Subparagraph (A) 

13 shall not apply to a school if almost every stu14 dent in each group specified in section 

15 1111(b)(2)(C)(v) enrolled in such school is 

16 meeting or exceeding the State’s proficient level 

17 of academic achievement. 

18 ‘‘(D) PUBLIC SCHOOL CHOICE AND SUP19 PLEMENTAL EDUCATIONAL SERVICES.— 

20 ‘‘(i) IN GENERAL.—In the case of a 

21 school identified for school improvement or 

22 restructuring under this paragraph, the 

23 local educational agency shall, not later 

24 than the first day of the school year fol25 lowing such identification, provide all stuVerDate Aug 31 2005 04:05 Jul 14, 2007 Jkt 059200 PO 00000 Frm 00069 Fmt 6652 Sfmt 6201 E:\BILLS\S1775.IS S1775

ccoleman on PROD1PC71 with BILLS
70 

•S 1775 IS

1 dents enrolled in the school with the op2 tion— 

3 ‘‘(I) to transfer to another public 

4 school served by the local educational 

5 agency, which may include a charter 

6 school that has not been identified for 

7 school improvement or restructuring 

8 under this paragraph; or 

9 ‘‘(II) to receive supplemental 

10 educational services available con11 sistent with subsection (d)(1). 

12 ‘‘(ii) RULE.—In providing students 

13 the option to transfer to another public 

14 school or to receive supplemental edu15 cational services, the local educational 

16 agency shall give priority to the lowest 

17 achieving children from low-income fami18 lies, as determined by the local educational 

19 agency for purposes of allocating funds to 

20 schools under section 1113(c)(1). 

21 ‘‘(E) TRANSFER.—Students who use the 

22 option to transfer under subparagraph (D) and 

23 paragraph (5)(B), paragraph (8)(A)(iii), or sub24 section (c)(9)(C)(vii) shall be enrolled in classes 

25 and other activities in the public school to 


ccoleman on PROD1PC71 with BILLS
71 

•S 1775 IS

1 which the students transfer in the same manner 

2 as all other children at the public school. 

3 ‘‘(F) DELAY.—Notwithstanding any other 

4 provision of this paragraph, a local educational 

5 agency may delay, for a period not to exceed 1 

6 year, advancing identification to the next level 

7 of school improvement or restructuring and 

8 their respective requirements under paragraphs 

9 (5), (6), or (8), if the school makes adequate 

10 yearly progress for 1 year or if the school’s not 

11 making adequate yearly progress is due to ex12 ceptional or uncontrollable circumstances, such 

13 as a natural disaster or a precipitous and un14 foreseen decline in the financial resources of the 

15 local educational agency or school. No such pe16 riod shall be taken into account in determining 

17 the number of consecutive years of failure to 

18 make adequate yearly progress. 

19 ‘‘(G) DURATION.—If any school identified 

20 for school improvement or restructuring makes 

21 adequate yearly progress for 2 consecutive 

22 school years, then the local educational agency 

23 shall no longer— 


ccoleman on PROD1PC71 with BILLS
72 

•S 1775 IS

1 ‘‘(i) subject the school to the require2 ments of school improvement or restruc3 turing; or 

4 ‘‘(ii) identify the school for school im5 provement for the school year succeeding 

6 such second consecutive school year. 

7 ‘‘(2) OPPORTUNITY TO REVIEW AND PRESENT

8 EVIDENCE; TIME LIMIT.— 

9 ‘‘(A) IDENTIFICATION.—Before identifying 

10 a school for academic alert or school improve11 ment under paragraph (1) or for restructuring 

12 under paragraphs (1) or (8), the local edu13 cational agency shall provide the school with an 

14 opportunity to review the school-level data on 

15 which the proposed identification is based. 

16 ‘‘(B) EVIDENCE.—If the principal of a 

17 school proposed for academic alert or school im18 provement under paragraph (1) or for restruc19 turing under paragraphs (1) or (8) believes, or 

20 a majority of the parents of the students en21 rolled in such school believe, that the proposed 

22 identification is in error for statistical or other 

23 substantive reasons, the principal may provide 

24 supporting evidence to the local educational 


ccoleman on PROD1PC71 with BILLS
73 

•S 1775 IS

1 agency, which shall consider that evidence be2 fore making a final determination. 

3 ‘‘(C) FINAL DETERMINATION.—Not later 

4 than 30 days after a local educational agency 

5 provides the school with the opportunity to re6 view such school-level data, the local edu7 cational agency shall make public a final deter8 mination on the status of the school with re9 spect to the identification for academic alert, 

10 school improvement, or restructuring. 

11 ‘‘(3) SCHOOL IMPROVEMENT PLAN.— 

12 ‘‘(A) IN GENERAL.—After the resolution of 

13 a review under paragraph (2), each school iden14 tified under paragraph (1) for academic alert 

15 shall, not later than 3 months after being so 

16 identified, develop or revise a school improve17 ment plan, in consultation with parents, school 

18 staff, the local educational agency serving the 

19 school, and outside experts, for approval by 

20 such local educational agency. The school plan 

21 shall cover a 3-year period and shall be imple22 mented not later than the first day of the first 

23 school year following the identification of the 

24 school for academic alert. 

25 ‘‘(B) REVIEW.— 


ccoleman on PROD1PC71 with BILLS
74 

•S 1775 IS

1 ‘‘(i) IN GENERAL.—In developing a 

2 plan under paragraph (A), a school shall, 

3 at a minimum, review each of the elements 

4 of the school’s operations described in 

5 clause (ii) to identify any gaps and areas 

6 of improvement, and incorporate in the 

7 school’s plan any changes to the school’s 

8 program necessary to ensure that all stu9 dents meet State levels of academic pro10 ficiency. 

11 ‘‘(ii) ELEMENTS REVIEWED.—The ele12 ments referred to in clause (i) are as fol13 lows: 

14 ‘‘(I) Current and prior years’ 

15 student achievement data for each 

16 group of students specified in section 

17 1111(b)(2)(C)(v). 

18 ‘‘(II) For secondary schools, cur19 rent and prior years’ graduation rate 

20 data for each group of students speci21 fied in section 1111(b)(2)(C)(v). 

22 ‘‘(III) Teacher qualifications and 

23 assignments, including a review of 

24 out-of-field teaching (as defined in 

25 clause (iii)). 


ccoleman on PROD1PC71 with BILLS
75 

•S 1775 IS

1 ‘‘(IV) Professional development 

2 offerings, including the alignment to 

3 State student academic achievement 

4 standards and State academic content 

5 standards, and whether the profes6 sional development focuses on stu7 dents and subgroups in the school not 

8 making adequate yearly progress. 

9 ‘‘(V) All instructional programs 

10 and materials and the degree of the 

11 alignment of the programs and mate12 rials to State academic content stand13 ards. 

14 ‘‘(VI) Use of instructional time 

15 and time-on-learning. 

16 ‘‘(VII) Evaluations of all school 

17 academic programs and the effective18 ness of the programs in improving 

19 student academic achievement, espe20 cially for students not meeting the 

21 State’s proficient levels of academic 

22 achievement. 

23 ‘‘(VIII) Current allocation and 

24 budgeting of resources (including Fed25 eral, State, and local resources). 


ccoleman on PROD1PC71 with BILLS
76 

•S 1775 IS

1 ‘‘(IX) Student and staff attend2 ance rates. 

3 ‘‘(X) Parental outreach efforts 

4 and rates of parental involvement. 

5 ‘‘(iii) DEFINITION OF OUT-OF-FIELD

6 TEACHING.—For purposes of clause 

7 (ii)(III) the term ‘out-of-field teaching’ 

8 means teaching an academic subject for 

9 which a teacher is not highly qualified. 

10 ‘‘(C) ELEMENTS OF PLAN.—The school 

11 plan shall— 

12 ‘‘(i) incorporate changes to the school 

13 program identified as necessary after con14 ducting the review under subparagraph 

15 (B); 

16 ‘‘(ii) establish specific annual, measur17 able goals for continuous and substantial 

18 progress by each group of students speci19 fied in section 1111(b)(2)(C)(v) and en20 rolled in the school that will ensure that all 

21 such groups of students will, in accordance 

22 with the definition of adequate yearly 

23 progress described in section 1111(b)(2), 

24 meet the State’s proficient level of aca25 demic achievement on the State academic 


ccoleman on PROD1PC71 with BILLS
77 

•S 1775 IS

1 assessment described in section 1111(b)(3) 

2 not later than 12 years after the end of the 

3 2001–2002 school year; 

4 ‘‘(iii) specify the responsibilities of the 

5 school, the local educational agency, and 

6 the State educational agency serving the 

7 school under the plan, including the tech8 nical assistance to be provided by the local 

9 educational agency under paragraph (4) 

10 and the local educational agency’s respon11 sibilities under section 1120A; 

12 ‘‘(iv) incorporate strategies based on 

13 scientifically based research that will 

14 strengthen the core academic instructional 

15 program in the school and address the spe16 cific academic issues that caused the school 

17 to be identified for academic alert or school 

18 improvement, and may include a strategy 

19 for the implementation of a comprehensive 

20 school reform model; 

21 ‘‘(v) adopt policies and practices con22 cerning the school’s core academic instruc23 tional program that have the greatest like24 lihood of ensuring that all groups of stu25 dents specified in section 1111(b)(2)(C)(v) 


ccoleman on PROD1PC71 with BILLS
78 

•S 1775 IS

1 and enrolled in the school will meet the 

2 State’s proficient level of academic achieve3 ment on the State academic assessment 

4 described in section 1111(b)(3) not later 

5 than 12 years after the end of the 2001– 

6 2002 school year for mathematics and 

7 reading or language arts, including ex8 panding instructional time for students not 

9 meeting or not on track to meet the 

10 State’s proficient level of academic achieve11 ment; 

12 ‘‘(vi) implement a curriculum that is 

13 aligned with the State’s academic achieve14 ment standards and State academic con15 tent standards, and ensure that teachers 

16 and administrators receive professional de17 velopment and instructional coaching in 

18 implementing such curriculum; 

19 ‘‘(vii) provide an assurance that the 

20 school will spend not less than 10 percent 

21 of the funds made available to the school 

22 under section 1113 for each fiscal year 

23 that the school is in school improvement 

24 status, for the purpose of providing to the 


ccoleman on PROD1PC71 with BILLS
79 

•S 1775 IS

1 school’s teachers and principal high-quality 

2 professional development that— 

3 ‘‘(I) directly addresses the aca4 demic achievement problem that 

5 caused the school to be identified for 

6 academic alert or school improvement; 

7 ‘‘(II) meets the requirements for 

8 professional development activities 

9 under section 1119; 

10 ‘‘(III) provides guidance and as11 sistance in the use of benchmark as12 sessments to inform classroom in13 struction; 

14 ‘‘(IV) incorporates a teacher 

15 mentoring program; and 

16 ‘‘(V) is provided in a manner 

17 that affords increased opportunity for 

18 participating in that professional de19 velopment; 

20 ‘‘(viii) specify how the funds described 

21 in clause (vii) will be used to remove the 

22 school from academic alert or school im23 provement status; 

24 ‘‘(ix) describe how the school will pro25 vide written notice about the identification 


ccoleman on PROD1PC71 with BILLS
80 

•S 1775 IS

1 to parents of each student enrolled in such 

2 school, in a format and, to the extent prac3 ticable, in a language that the parents can 

4 understand; 

5 ‘‘(x) include strategies to promote ef6 fective parental involvement in the school; 

7 and 

8 ‘‘(xi) incorporate, as appropriate, ac9 tivities before school, after school, during 

10 the summer, and during any extension of 

11 the school year. 

12 ‘‘(D) CONDITIONAL APPROVAL.—The local 

13 educational agency may condition approval of a 

14 school plan under this paragraph on— 

15 ‘‘(i) inclusion of one or more of the 

16 actions specified in paragraph (8)(C); or 

17 ‘‘(ii) feedback on the school improve18 ment plan from parents and community 

19 leaders. 

20 ‘‘(E) LOCAL EDUCATIONAL AGENCY AP21 PROVAL.—The local educational agency, within 

22 45 days of receiving a school plan, shall— 

23 ‘‘(i) establish a peer review process to 

24 assist with review of the school plan; and 


ccoleman on PROD1PC71 with BILLS
81 

•S 1775 IS

1 ‘‘(ii) promptly review the school plan, 

2 work with the school as necessary, and ap3 prove the school plan if the school plan 

4 meets the requirements of this paragraph. 

5 ‘‘(4) TECHNICAL ASSISTANCE.— 

6 ‘‘(A) IN GENERAL.—For each school iden7 tified for academic alert or school improvement 

8 under paragraph (1), the local educational 

9 agency serving the school shall ensure the provi10 sion of technical assistance as the school devel11 ops and implements the school plan under para12 graph (3) throughout the school plan’s dura13 tion. 

14 ‘‘(B) SPECIFIC ASSISTANCE.—Such tech15 nical assistance— 

16 ‘‘(i) shall include assistance in ana17 lyzing data from the assessments required 

18 under section 1111(b)(3), and other exam19 ples of student work, to identify and ad20 dress problems in instruction, and prob21 lems if any, in implementing the parental 

22 involvement requirements described in sec23 tion 1118, the professional development re24 quirements described in section 1119, and 

25 the responsibilities of the school and local 


ccoleman on PROD1PC71 with BILLS
82 

•S 1775 IS

1 educational agency under the school plan, 

2 and to identify and address solutions to 

3 such problems; 

4 ‘‘(ii) shall include assistance in identi5 fying and implementing professional devel6 opment, instructional strategies, and meth7 ods of instruction that are based on sci8 entifically based research and that have 

9 proven effective in addressing the specific 

10 instructional issues that caused the school 

11 to be identified for academic alert or school 

12 improvement; 

13 ‘‘(iii) shall include assistance in ana14 lyzing and revising the school’s budget so 

15 that the school’s resources are more effec16 tively allocated to the activities most likely 

17 to increase student academic achievement 

18 and to remove the school from school im19 provement status; and 

20 ‘‘(iv) may be provided— 

21 ‘‘(I) by the local educational 

22 agency, through mechanisms author23 ized under section 1117; or 

24 ‘‘(II) by the State educational 

25 agency, an institution of higher eduVerDate Aug 31 2005 04:05 Jul 14, 2007 Jkt 059200 PO 00000 Frm 00082 Fmt 6652 Sfmt 6201 E:\BILLS\S1775.IS S1775

ccoleman on PROD1PC71 with BILLS
83 

•S 1775 IS

1 cation (that is in full compliance with 

2 all the reporting provisions of title II 

3 of the Higher Education Act of 

4 1965), a private not-for-profit organi5 zation or for-profit organization, an 

6 educational service agency, or another 

7 entity with experience in helping 

8 schools improve academic achieve9 ment. 

10 ‘‘(C) SCIENTIFICALLY BASED RE11 SEARCH.—Technical assistance provided under 

12 this section by a local educational agency or an 

13 entity approved by that agency shall be based 

14 on scientifically based research. 

15 ‘‘(5) IDENTIFICATION FOR SCHOOL IMPROVE16 MENT.—In the case of any school served under this 

17 part that does not make adequate yearly progress, 

18 as set out in the State’s plan under section 

19 1111(b)(2), by the end of the 1st full school year 

20 after identification for academic alert under para21 graph (1), the local educational agency serving such 

22 school shall— 

23 ‘‘(A) ensure that school implements its 

24 school improvement plan in accordance with 

25 paragraph (3); 


ccoleman on PROD1PC71 with BILLS
84 

•S 1775 IS

1 ‘‘(B) provide all students enrolled in the 

2 school with the option to transfer to another 

3 public school served by the local educational 

4 agency in accordance with paragraphs (1)(D) 

5 and (E); 

6 ‘‘(C) make supplemental educational serv7 ices available consistent with subsection (d)(1); 

8 and 

9 ‘‘(D) continue to provide technical assist10 ance to the school as described in paragraph 

11 (4). 

12 ‘‘(6) FAILURE TO MAKE ADEQUATE YEARLY

13 PROGRESS AFTER INITIAL IDENTIFICATION FOR

14 SCHOOL IMPROVEMENT.—In the case of any school 

15 served under this part that does not make adequate 

16 yearly progress, as set out in the State’s plan under 

17 section 1111(b)(2), by the end of the 1st or 2nd full 

18 school year after identification for school improve19 ment under paragraph (1), the local educational 

20 agency serving the school— 

21 ‘‘(A) shall ensure that the school reviews 

22 the school’s instructional program and activities 

23 in accordance with paragraph (3)(B) and makes 

24 any necessary changes to the its school im25 provement plan under paragraph (3), and shall 


ccoleman on PROD1PC71 with BILLS
85 

•S 1775 IS

1 provide the school with technical assistance in 

2 conducting such review and in making such 

3 changes; 

4 ‘‘(B) shall ensure that the school continues 

5 to implement its school improvement plan under 

6 paragraph (3); 

7 ‘‘(C) shall continue to provide all students 

8 enrolled in the school with the option to trans9 fer to another public school served by the local 

10 education agency in accordance with para11 graphs (1)(D) and (E); 

12 ‘‘(D) shall continue to provide supple13 mental educational services consistent with sub14 section (d)(1); 

15 ‘‘(E) shall continue to provide technical as16 sistance as described in paragraph (4); and 

17 ‘‘(F) may require the school to undertake 

18 1 or more of the actions specified in paragraph 

19 (8)(C). 

20 ‘‘(7) NOTICE TO PARENTS.—A local educational 

21 agency shall promptly provide to a parent or parents 

22 of each student enrolled in an elementary school or 

23 a secondary school identified for academic alert or 

24 school improvement under paragraph (1) or restruc25 turing under paragraphs (1) and (8), in an underVerDate Aug 31 2005 04:05 Jul 14, 2007 Jkt 059200 PO 00000 Frm 00085 Fmt 6652 Sfmt 6201 E:\BILLS\S1775.IS S1775

ccoleman on PROD1PC71 with BILLS
86 

•S 1775 IS

1 standable and uniform format and, to the extent 

2 practicable, in a language the parents can under3 stand, and through public means such as mailings to 

4 parents, postings on the school webpage, open school 

5 meetings, and distribution to public agencies— 

6 ‘‘(A) an explanation of what the identifica7 tion means, and how the school compares in 

8 terms of academic achievement to other elemen9 tary schools or secondary schools served by the 

10 local educational agency and the State edu11 cational agency involved; 

12 ‘‘(B) the reasons for the identification; 

13 ‘‘(C) an explanation of what the school 

14 identified for school improvement is doing to 

15 address the problem of low achievement; 

16 ‘‘(D) an explanation of what the local edu17 cational agency or State educational agency is 

18 doing to help the school address the achieve19 ment problem; 

20 ‘‘(E) an explanation of how the parents 

21 can become involved in addressing the academic 

22 issues that caused the school to be identified for 

23 school improvement; and 

24 ‘‘(F) an explanation of the parents’ option 

25 to transfer their child to another public school 


ccoleman on PROD1PC71 with BILLS
87 

•S 1775 IS

1 under paragraphs (1)(D) and (E), paragraph 

2 (5)(B), paragraph (8)(A)(iii), and subsection 

3 (c)(9)(C)(vii) (with transportation provided by 

4 the agency when required by paragraph (9)) or 

5 to obtain supplemental educational services for 

6 the child, in accordance with subsection (d). 

7 ‘‘(8) RESTRUCTURING.— 

8 ‘‘(A) PERSISTENT AND PERVASIVE LACK

9 OF ACADEMIC PROGRESS.—In the case of any 

10 school served under this part that does not 

11 make adequate yearly progress, as set out in 

12 the State’s plan under section 1111(b)(2), by 

13 the end of the 3rd full school year after identi14 fication for school improvement under para15 graph (1) the local educational agency serving 

16 the school shall— 

17 ‘‘(i)(I) identify the school for focused 

18 restructuring if the school has not made 

19 adequate yearly progress with respect to 

20 the achievement of 1 or more groups of 

21 students specified in section 

22 1111(b)(2)(C)(v), but only if 1 or more of 

23 such groups comprise less than 50 percent 

24 of all enrolled students at the school; and 


ccoleman on PROD1PC71 with BILLS
88 

•S 1775 IS

1 ‘‘(II) prepare a plan and make nec2 essary arrangements to carry out subpara3 graph (C); 

4 ‘‘(ii)(I) identify the school for com5 prehensive restructuring if the school has 

6 not made adequate yearly progress with re7 spect to the achievement of 1 or more 

8 groups of students specified in section 

9 1111(b)(2)(C)(v), but only if 1 or more of 

10 such groups comprise 50 percent or more 

11 of all enrolled students at the school; and 

12 ‘‘(II) prepare a plan and make nec13 essary arrangements to carry out subpara14 graph (D); 

15 ‘‘(iii) continue to provide all students 

16 enrolled in the school with the option to 

17 transfer to another public school served by 

18 the local educational agency, in accordance 

19 with paragraph (1)(D) and (E); 

20 ‘‘(iv) continue to provide supplemental 

21 educational services, in accordance with 

22 subsection (d), to children who remain in 

23 the school; and 


ccoleman on PROD1PC71 with BILLS
89 

•S 1775 IS

1 ‘‘(v) prepare a plan and make nec2 essary arrangements to carry out subpara3 graphs (C) or (D). 

4 ‘‘(B) COLLECTIVE BARGAINING.—In pre5 paring a plan and making necessary arrange6 ments to carry out subparagraphs (C) and (D) 

7 a local educational agency may renegotiate the 

8 limitations in the local educational agency’s col9 lective bargaining agreement related to— 

10 ‘‘(i) teacher transfer and assignment; 

11 ‘‘(ii) differential, incentive, merit12 based, or performance-based pay for teach13 ing in high-poverty, low income schools; or 

14 ‘‘(iii) the expeditious dismissal of 

15 teachers who cannot demonstrate effective16 ness in raising student achievement, or re17 constitution of school staff, 

18 if the local educational agency determines that 

19 changes to those limitations are appropriate to 

20 effectively implement a restructuring plan. 

21 ‘‘(C) FOCUSED RESTRUCTURING.—Not 

22 later than the beginning of the school year fol23 lowing the year in which the local educational 

24 agency implements subparagraph (A), the local 

25 educational agency, consistent with State law— 


ccoleman on PROD1PC71 with BILLS
90 

•S 1775 IS

1 ‘‘(i) shall institute and fully imple2 ment, under the direct supervision of the 

3 local educational agency, a new academic 

4 curriculum, including providing intensive 

5 professional development for all staff and 

6 offering intensive academic catch-up pro7 grams and services for all students not 

8 meeting the State’s proficient level of aca9 demic achievement, that is based on sci10 entifically based research to raise the edu11 cational achievement of low-performing 

12 students and enable the school to make 

13 adequate yearly progress; 

14 ‘‘(ii) shall replace or reassign under15 performing staff; 

16 ‘‘(iii) shall, if determined necessary by 

17 the local educational agency, restructure 

18 the internal organization of the school and 

19 decrease management authority at the 

20 school level, to ensure that the academic 

21 needs of low-performing students are met 

22 to enable such students to meet the State’s 

23 proficient level of academic achievement in 

24 reading or language arts and mathematics; 

25 and 


ccoleman on PROD1PC71 with BILLS
91 

•S 1775 IS

1 ‘‘(iv) may extend the school year or 

2 school day for the school. 

3 ‘‘(D) COMPREHENSIVE RESTRUCTURING.— 

4 Not later than the beginning of the school year 

5 following the year in which the local educational 

6 agency implements subparagraph (A), the local 

7 educational agency shall implement 1 of the fol8 lowing alternative governance arrangements for 

9 the school consistent with State law: 

10 ‘‘(i) Reopening the school as a public 

11 charter school. 

12 ‘‘(ii) Replacing all or most of the 

13 school staff (which may include the prin14 cipal) who are relevant to the persistent 

15 and pervasive lack of academic progress. 

16 ‘‘(iii) Entering into a contract with an 

17 entity, such as a private management com18 pany, with a demonstrated record of effec19 tiveness, to operate the public school. 

20 ‘‘(iv) Turning the operation of the 

21 school over to— 

22 ‘‘(I) the State educational agen23 cy, if permitted under State law and 

24 agreed to by the State; or 


ccoleman on PROD1PC71 with BILLS
92 

•S 1775 IS

1 ‘‘(II) the chief executive officer 

2 or authority of a State or local unit of 

3 government, such as a city mayor. 

4 ‘‘(v) Closing the school and making 

5 arrangements for students to enroll in an6 other public school operated by the local 

7 educational agency that has not been iden8 tified for school improvement under para9 graph (1) or restructuring under para10 graphs (1) and (8). 

11 ‘‘(E) PROMPT NOTICE.—The local edu12 cational agency shall— 

13 ‘‘(i) provide prompt notice to teachers 

14 and parents whenever subparagraphs (A), 

15 (C), or (D) apply; and 

16 ‘‘(ii) provide the teachers and parents 

17 with an adequate opportunity to— 

18 ‘‘(I) comment before taking any 

19 action under those subparagraphs; 

20 and 

21 ‘‘(II) participate in developing 

22 any plan under subparagraph (A)(v). 

23 ‘‘(F) TREATMENT OF SCHOOL AFTER IM24 PLEMENTING FOCUSED RESTRUCTURING.—If 

25 after the end of the 2nd school year of impleVerDate Aug 31 2005 04:05 Jul 14, 2007 Jkt 059200 PO 00000 Frm 00092 Fmt 6652 Sfmt 6201 E:\BILLS\S1775.IS S1775

ccoleman on PROD1PC71 with BILLS
93 

•S 1775 IS

1 menting a focused restructuring plan under 

2 subparagraph (C) a school has not made ade3 quate yearly progress as defined in the State 

4 plan under section 1111(b)(2), the local edu5 cational agency shall identify the school for 

6 comprehensive restructuring and implement 1 

7 of the alternative governance arrangements de8 scribed in clauses (i) through (iv) of subpara9 graph (D). 

10 ‘‘(G) TREATMENT OF SCHOOL AFTER IM11 PLEMENTING COMPREHENSIVE RESTRUC12 TURING.—After a local educational agency im13 plements 1 of the alternative governance ar14 rangements for a school described in clauses (i) 

15 through (iv) of subparagraph (D)— 

16 ‘‘(i) such school shall cease to be 

17 treated as identified for academic alert or 

18 school improvement under paragraph (1) 

19 or restructuring under paragraphs (1) and 

20 (8); and 

21 ‘‘(ii) the determination of whether 

22 such school is subsequently so identified 

23 shall be made by taking into account only 

24 years subsequent to the year in which the 


ccoleman on PROD1PC71 with BILLS
94 

•S 1775 IS

1 alternative governance arrangement com2 mences. 

3 ‘‘(9) TRANSPORTATION.—In any case described 

4 in paragraph (1)(D) for schools described in para5 graphs (1)(A), (5)(B), (6)(C), and (8)(A)(iii), and 

6 subsection (c)(9)(C)(vii), the local educational agen7 cy shall provide, or shall pay for the provision of, 

8 transportation for the student to the public school 

9 the student attends. 

10 ‘‘(10) FUNDS FOR TRANSPORTATION AND SUP11 PLEMENTAL EDUCATIONAL SERVICES.— 

12 ‘‘(A) IN GENERAL.—Unless a lesser 

13 amount is needed to comply with paragraph (9) 

14 and to satisfy all requests for supplemental edu15 cational services under subsection (d), a local 

16 educational agency shall spend an amount equal 

17 to 20 percent of the local educational agency’s 

18 allocation under subpart 2, of which the agency 

19 shall spend— 

20 ‘‘(i) an amount equal to 5 percent of 

21 the local educational agency’s allocation 

22 under subpart 2 to provide, or pay for, 

23 transportation under paragraph (9); 

24 ‘‘(ii) an amount equal to 5 percent of 

25 the local educational agency’s allocation 


ccoleman on PROD1PC71 with BILLS
95 

•S 1775 IS

1 under subpart 2 to provide supplemental 

2 educational services under subsection (d); 

3 and 

4 ‘‘(iii) an amount equal to the remain5 ing 10 percent of the local educational 

6 agency’s allocation under subpart 2 for 

7 transportation under paragraph (9) or sup8 plemental educational services under sub9 section (d), as the agency determines. 

10 ‘‘(B) TOTAL AMOUNT.—The amount de11 scribed in subparagraph (A)(ii) is the maximum 

12 amount the local educational agency shall be re13 quired to spend under this part on supple14 mental educational services described in sub15 section (d). 

16 ‘‘(C) PARENT OUTREACH AND ASSIST17 ANCE.—For any fiscal year, a local educational 

18 agency may spend an amount that is not great19 er than one-half of 1 percent of the local edu20 cational agency’s allocation under subpart 2 on 

21 implementing the parent outreach and assist22 ance requirements of subsections (b)(6)(F) and 

23 (d)(2), with such funds counting toward meet24 ing the requirements of subparagraph (A). 


ccoleman on PROD1PC71 with BILLS
96 

•S 1775 IS

1 ‘‘(D) INSUFFICIENT FUNDS.—If the 

2 amount of funds described in subparagraph 

3 (A)(ii) or (iii) and available to provide services 

4 under this subsection is insufficient to provide 

5 supplemental educational services to each child 

6 whose parents request the services, the local 

7 educational agency shall give priority to pro8 viding the services to the lowest-achieving chil9 dren. 

10 ‘‘(E) PROHIBITION.—A local educational 

11 agency shall not, as a result of the application 

12 of this paragraph, reduce by more than 15 per13 cent the total amount made available under sec14 tion 1113(c) to a school described in paragraph 

15 (8)(A) of subsection (b). 

16 ‘‘(F) FUNDING.—The funds described in 

17 subparagraph (A) shall be made available for 

18 the year in which the funding is set aside or 

19 otherwise allocated and shall, notwithstanding 

20 section 1127(a), remain available until such 

21 funds are expended (subject to section 421(b) 

22 of the General Education Provisions Act) on 

23 supplemental educational services under sub24 section (d), transportation costs under paraVerDate Aug 31 2005 04:05 Jul 14, 2007 Jkt 059200 PO 00000 Frm 00096 Fmt 6652 Sfmt 6201 E:\BILLS\S1775.IS S1775

ccoleman on PROD1PC71 with BILLS
97 

•S 1775 IS

1 graph (9), or parent outreach and assistance 

2 under subparagraph (C), unless— 

3 ‘‘(i) the local educational agency has 

4 provided the State educational agency with 

5 evidence satisfactory to the State edu6 cational agency that not less than 75 per7 cent of the students eligible for supple8 mental educational services have received 

9 or affirmatively declined those services; or 

10 ‘‘(ii) the State educational agency ap11 proves a local educational agency request 

12 to spend a lesser amount based on a State 

13 review of the local educational agency’s 

14 demonstrated success in— 

15 ‘‘(I) making significant progress 

16 in meeting the requirements of clause 

17 (i); 

18 ‘‘(II) partnering with community19 based organizations and other groups 

20 to help inform eligible students and 

21 their families of the availability of 

22 supplemental educational services; 

23 ‘‘(III) ensuring that all eligible 

24 students are able to sign up for sup25 plemental educational services 


ccoleman on PROD1PC71 with BILLS
98 

•S 1775 IS

1 throughout the course of the school 

2 year and the summer; and 

3 ‘‘(IV) meeting the requirements 

4 of subsections (d)(2)(E) and 

5 (d)(2)(F). 

6 ‘‘(11) COOPERATIVE AGREEMENT.—In any case 

7 described in paragraph (1)(D), (5)(B), (6)(C), or 

8 (8)(A)(iii), or subsection (c)(9)(C)(vii), if all public 

9 schools served by the local educational agency to 

10 which a child may transfer are identified for school 

11 improvement or restructuring, then the local edu12 cational agency shall, to the extent practicable, es13 tablish a cooperative agreement with other local edu14 cational agencies in the area for a transfer. 

15 ‘‘(12) SPECIAL RULE.—A local educational 

16 agency shall permit a child who transferred to an17 other school under this subsection to remain in that 

18 school until the child has completed the highest 

19 grade in that school. The obligation of the local edu20 cational agency to provide, or to provide for, trans21 portation for the child ends at the end of a school 

22 year if the local educational agency determines that 

23 the school from which the child transferred is no 

24 longer identified for school improvement or restruc25 turing. 


ccoleman on PROD1PC71 with BILLS
99 

•S 1775 IS

1 ‘‘(13) STATE EDUCATIONAL AGENCY RESPON2 SIBILITIES.—The State educational agency shall— 

3 ‘‘(A) make technical assistance under sec4 tion 1117 available to schools identified for aca5 demic alert, school improvement, or restruc6 turing under this subsection consistent with 

7 section 1117(a)(2); 

8 ‘‘(B) if the State educational agency deter9 mines that a local educational agency failed to 

10 carry out its responsibilities under this sub11 section, take such corrective actions as the 

12 State educational agency determines to be ap13 propriate and in compliance with State law; 

14 ‘‘(C) ensure that academic assessment re15 sults under this part are provided to schools be16 fore any identification of a school may take 

17 place under this subsection; and 

18 ‘‘(D) for local educational agencies or 

19 schools identified for improvement under this 

20 subsection, notify the Secretary of major factors 

21 brought to the attention of the State edu22 cational agency under section 1111(c)(7) that 

23 have significantly affected student academic 

24 achievement.’’; 

25 (3) in subsection (c)— 


ccoleman on PROD1PC71 with BILLS
100 

•S 1775 IS

1 (A) in paragraph (3), by striking ‘‘2001, 

2 failed to’’ and inserting ‘‘2007, does not’’; 

3 (B) by striking paragraph (4); 

4 (C) by redesignating paragraphs (5), (6), 

5 (7), (9), (10), and (11) as paragraphs (4), (5), 

6 (6), (7), (8), and (9), respectively; 

7 (D) in paragraph (4)(A) (as redesignated 

8 by subparagraph (C)), by striking ‘‘(10)’’ and 

9 inserting ‘‘(8)’’; 

10 (E) in paragraph (6) (as redesignated by 

11 subparagraph (C))— 

12 (i) in subparagraph (A)— 

13 (I) by redesignating clauses (i) 

14 through (viii) as clauses (iii) through 

15 (xii), respectively; 

16 (II) by inserting before clause 

17 (iii) (as redesignated by subclause 

18 (I)), the following: 

19 ‘‘(i) describe the structural changes 

20 that the local educational agency will 

21 make, over time, in its organization and its 

22 operations to improve the educational per23 formance of schools served by the local 

24 educational agency; 


ccoleman on PROD1PC71 with BILLS
101 

•S 1775 IS

1 ‘‘(ii) include an analysis of school dis2 trictwide achievement data, particularly of 

3 the school districtwide achievement data of 

4 students from low-income families, and in5 clude a description of how the local edu6 cational agency has used those data in 

7 structuring the local educational agency’s 

8 improvement plan;’’; and 

9 (III) in clause (v) (as redesig10 nated by subclause (I)), by striking 

11 ‘‘(b)(3)(A)(iii)’’ and inserting 

12 ‘‘(b)(3)(C)(vi)’’; and 

13 (ii) by adding at the end the fol14 lowing: 

15 ‘‘(C) REVIEW.— 

16 ‘‘(i) IN GENERAL.—In developing a 

17 local educational agency plan under sub18 paragraph (A), the local educational agen19 cy shall, at a minimum, review each of the 

20 elements described in clause (ii) of the 

21 local educational agency’s operations to 

22 identify any gaps and areas of improve23 ment, and incorporate in the local edu24 cational agency’s plan any changes to the 

25 local educational agency’s program necVerDate Aug 31 2005 04:05 Jul 14, 2007 Jkt 059200 PO 00000 Frm 00101 Fmt 6652 Sfmt 6201 E:\BILLS\S1775.IS S1775

ccoleman on PROD1PC71 with BILLS
102 

•S 1775 IS

1 essary to ensure that all students meet 

2 State levels of academic proficiency. 

3 ‘‘(ii) ELEMENTS REVIEWED.—The ele4 ments referred to in clause (i) are as fol5 lows: 

6 ‘‘(I) Current and prior years’ 

7 student achievement data for each 

8 group of students specified in section 

9 1111(b)(2)(C)(v). 

10 ‘‘(II) Current and prior years’ 

11 secondary school graduation rate data 

12 for each group of students specified in 

13 section 1111(b)(2)(C)(v). 

14 ‘‘(III) Teacher qualifications and 

15 the school and classroom assignments 

16 of the teachers, including a review of 

17 out-of-field teaching (as defined in 

18 clause (iii)), disaggregated by high19 and low-poverty schools. 

20 ‘‘(IV) Incentives to reward effec21 tive teachers and to attract effective 

22 teachers to teach in low-income 

23 schools and high-need subjects, such 

24 as differential, incentive, merit-based, 

25 or performance-based pay systems. 


ccoleman on PROD1PC71 with BILLS
103 

•S 1775 IS

1 ‘‘(V) All instructional programs 

2 and the degree of alignment of the 

3 programs to State academic content 

4 standards. 

5 ‘‘(VI) Evaluations of all academic 

6 programs and the effectiveness of the 

7 programs in improving student aca8 demic achievement, especially for stu9 dents not meeting the State’s pro10 ficient level of academic achievement. 

11 ‘‘(VII) Current allocation and 

12 budgeting of resources (including Fed13 eral, State, and local resources). 

14 ‘‘(VIII) Student and staff attend15 ance rates. 

16 ‘‘(IX) Parental outreach efforts 

17 and rates of parental involvement. 

18 ‘‘(iii) DEFINITION OF OUT-OF-FIELD

19 TEACHING.—For purposes of clause 

20 (ii)(III) the term ‘out-of-field teaching’ 

21 means teaching an academic subject for 

22 which a teacher is not highly qualified.’’; 

23 (F) in paragraph (8) (as redesignated by 

24 subparagraph (C))— 

25 (i) in subparagraph (B)— 


ccoleman on PROD1PC71 with BILLS
104 

•S 1775 IS

1 (I) in the matter preceding clause 

2 (i), by striking ‘‘(9)’’ and inserting 

3 ‘‘(7)’’; and 

4 (II) in clause (ii), by striking 

5 ‘‘second’’ and inserting ‘‘third’’; and 

6 (ii) in subparagraph (C)(vii)— 

7 (I) by striking ‘‘Authorizing’’ and 

8 inserting ‘‘Consistent with State law, 

9 authorizing’’; and 

10 (II) by striking ‘‘(b)(1)(E) and 

11 (F)’’ and inserting ‘‘(b)(1)(D) and 

12 (E)’’; 

13 (4) by striking subsection (d) and (f); 

14 (5) by redesignating subsections (e), (g), and 

15 (h) as subsections (d), (e), and (f), respectively; 

16 (6) in subsection (d) (as redesignated by para17 graph (5))— 

18 (A) in paragraph (1), by striking ‘‘(5), (7), 

19 or (8)’’ and inserting ‘‘(1), (5), (6), or (8)’’; 

20 (B) in paragraph (2)— 

21 (i) in subparagraph (C), by striking 

22 ‘‘and’’ after the semicolon; 

23 (ii) in subparagraph (D), by striking 

24 the period and inserting a semicolon; and 


ccoleman on PROD1PC71 with BILLS
105 

•S 1775 IS

1 (iii) by adding at the end the fol2 lowing: 

3 ‘‘(E) choose an approved provider, using a 

4 fair, open, and objective process, to operate on 

5 site in the school identified under paragraph 

6 (1), (5), (6), or (8) of subsection (b) free of 

7 charge, or for a reasonable fee, on the same 

8 basis and terms as are available to other groups 

9 that seek access to the school building; and 

10 ‘‘(F) provide approved providers with ap11 propriate logistical information, including infor12 mation on the procedures parents follow to ob13 tain supplemental educational services for their 

14 children.’’; 

15 (C) by redesignating paragraphs (7) 

16 through (12) as paragraphs (8) through (13), 

17 respectively; and 

18 (D) by inserting after paragraph (6) the 

19 following: 

20 ‘‘(7) AMOUNTS FOR SPECIAL POPULATIONS.— 

21 Notwithstanding subparagraph (6), the amount that 

22 a local educational agency shall make available for 

23 supplemental educational services for students with 

24 disabilities, limited English proficient students, and 

25 students in local educational agencies that are eligiVerDate Aug 31 2005 04:05 Jul 14, 2007 Jkt 059200 PO 00000 Frm 00105 Fmt 6652 Sfmt 6201 E:\BILLS\S1775.IS S1775

ccoleman on PROD1PC71 with BILLS
106 

•S 1775 IS

1 ble for assistance under section 6211 or 6221, may 

2 equal 200 percent of the amount determined in sub3 paragraph (6)(A), except that no student shall re4 ceive more than the actual costs of the supplemental 

5 educational services received by the student.’’; 

6 (7) in subsection (e) (as redesignated by para7 graph (5))— 

8 (A) by striking ‘‘Bureau of Indian Affairs’’ 

9 each place the term appears and inserting ‘‘De10 partment of the Interior’’; 

11 (B) in the heading for paragraph (1), by 

12 striking ‘‘BUREAU’’ and inserting ‘‘DEPART13 MENT OF THE INTERIOR’’; 

14 (C) in paragraph (2)— 

15 (i) in the paragraph heading, by strik16 ing ‘‘BIA’’ and inserting ‘‘DEPARTMENT

17 OF THE INTERIOR’’; and 

18 (ii) by striking ‘‘and (e)’’ and insert19 ing ‘‘and (d)’’; and 

20 (D) by striking paragraph (4) and insert21 ing the following: 

22 ‘‘(4) RESTRUCTURING FOR DEPARTMENT OF

23 INTERIOR-FUNDED SCHOOLS.— 

24 ‘‘(A) CONTRACT AND GRANT SCHOOLS.— 

25 For a school funded by the Department of the 


ccoleman on PROD1PC71 with BILLS
107 

•S 1775 IS

1 Interior which is operated under a contract 

2 issued by the Secretary of the Interior pursuant 

3 to the Indian Self-Determination Act (25 

4 U.S.C. 450 et seq.) or under a grant issued by 

5 the Secretary of the Interior pursuant to the 

6 Tribally Controlled Schools Act of 1988 (25 

7 U.S.C. 2501 et seq.), the school board of such 

8 school shall be responsible for meeting the re9 quirements of subsection (b) relating to restruc10 turing as described in subsection (b)(8). Any 

11 action taken by such school board under sub12 section (b)(8) shall take into account the unique 

13 circumstances and structure of the Department 

14 of the Interior-funded school system and the 

15 laws governing that system. 

16 ‘‘(B) DEPARTMENT OF THE INTERIOR OP17 ERATED SCHOOLS.—For schools operated by 

18 the Department of the Interior, the Department 

19 of the Interior shall be responsible for meeting 

20 the requirements of subsection (b) relating to 

21 restructuring as described in subsection (b)(8). 

22 Any action taken by the Department of the In23 terior under subsection (b)(8) shall take into 

24 account the unique circumstances and structure 

25 of the Department of the Interior-funded school 


ccoleman on PROD1PC71 with BILLS
108 

•S 1775 IS

1 system and the laws governing that system.’’; 

2 and 

3 (8) in subsection (f) (as redesignated by para4 graph (5)) by striking ‘‘(b)(14)(D)’’ and inserting 

5 ‘‘(b)(13)(D)’’. 

6 SEC. 1116. SCHOOL SUPPORT AND RECOGNITION. 

7 Section 1117 (20 U.S.C. 6317) is amended— 

8 (1) in subsection (a)(2)(A)— 

9 (A) by striking ‘‘corrective action’’ and in10 serting ‘‘restructuring’’; and 

11 (B) by striking ‘‘paragraphs (7) and’’ and 

12 inserting ‘‘paragraph’’; and 

13 (2) in subsection (c)(1)(A), by striking 

14 ‘‘1003(g)’’ and inserting ‘‘1003(e)’’. 

15 SEC. 1117. PARENTAL INVOLVEMENT. 

16 Section 1118 (20 U.S.C. 6318) is amended— 

17 (1) in subsection (a)(2)(D), by striking ‘‘Even 

18 Start program,’’; 

19 (2) in subsection (d)(1), by striking ‘‘television 

20 watching’’ and inserting ‘‘course selection in middle 

21 and high school’’; and 

22 (3) in subsection (e)— 

23 (A) in paragraph (1), by inserting ‘‘State 

24 and local secondary school graduation require25 ments, entrance requirements for postsecondary 


ccoleman on PROD1PC71 with BILLS
109 

•S 1775 IS

1 education,’’ after ‘‘State and local academic as2 sessments,’’; and 

3 (B) in paragraph (4), by striking ‘‘Even 

4 Start,’’. 

5 SEC. 1118. QUALIFICATIONS FOR TEACHERS AND PARA6 PROFESSIONALS. 

7 (a) IN GENERAL.—Section 1119 (20 U.S.C. 6319) 

8 is amended— 

9 (1) in subsection (a)— 

10 (A) by striking paragraph (1) and insert11 ing the following: 

12 ‘‘(1) HIGHLY QUALIFIED TEACHERS.— 

13 ‘‘(A) IN GENERAL.—Except as provided in 

14 subparagraph (B), each local educational agen15 cy receiving assistance under this part shall en16 sure that all teachers teaching in a program 

17 supported with funds under this part are highly 

18 qualified. 

19 ‘‘(B) TEACHERS IN RURAL AREAS.— 

20 ‘‘(i) RURAL LOCAL EDUCATIONAL

21 AGENCY.—In this subparagraph, the term 

22 ‘rural local educational agency’ means a 

23 local educational agency described in sec24 tion 6211(e) or 6221(b)(1). 

25 ‘‘(ii) NEWLY HIRED TEACHERS.— 


ccoleman on PROD1PC71 with BILLS
110 

•S 1775 IS

1 ‘‘(I) IN GENERAL.—The Sec2 retary may waive the requirement of 

3 subparagraph (A) in the case of a 

4 teacher— 

5 ‘‘(aa) who is first employed 

6 by a rural local educational agen7 cy after the date of enactment of 

8 the ‘No Child Left Behind Act of 

9 2007’; 

10 ‘‘(bb) who is not highly 

11 qualified; and 

12 ‘‘(cc) who meets the require13 ments of clause (iii). 

14 ‘‘(II) LIMITATION.—The Sec15 retary may waive the requirement of 

16 subparagraph (A) only during such 

17 teacher’s first 3 years of employment 

18 as a teacher with the rural local edu19 cational agency. 

20 ‘‘(iii) CONDITIONS.—The Secretary 

21 may waive the requirement of subpara22 graph (A) only if the teacher— 

23 ‘‘(I) meets the requirement de24 scribed in section 9101(23)(A); 


ccoleman on PROD1PC71 with BILLS
111 

•S 1775 IS

1 ‘‘(II) in the case of a middle or 

2 secondary school teacher, holds at 

3 least a bachelor’s degree and has dem4 onstrated a high level of competency 

5 in not less than 1 of the academic 

6 subjects in which the teacher teaches 

7 by meeting a requirement under sub8 clause (I) or (II) of section 

9 9101(23)(B)(ii); 

10 ‘‘(III) receives high-quality pro11 fessional development from the rural 

12 local educational agency that increases 

13 the teacher’s content knowledge in the 

14 additional core academic subjects the 

15 teacher teaches; and 

16 ‘‘(IV) participates in a mentoring 

17 or other program of intensive support 

18 provided by the rural local educational 

19 agency. 

20 ‘‘(iv) ONE PROCESS.—A State may es21 tablish one highly objective uniform State 

22 standard of evaluation process, as de23 scribed under section 9101(23)(C)(ii), for 

24 teachers who wish to demonstrate their 

25 subject matter competency under such 


ccoleman on PROD1PC71 with BILLS
112 

•S 1775 IS

1 process in multiple core academic sub2 jects.’’; 

3 (B) in paragraph (2), by striking ‘‘not 

4 later than the end of the 2005–2006 school 

5 year’’ both places such phrase appears; and 

6 (C) in paragraph (3), by striking ‘‘not 

7 later than the end of the 2005–2006 school 

8 year’’; 

9 (2) in subsection (b), by striking ‘‘beginning 

10 with the 2002–2003 school year,’’ each place such 

11 phrase appears; 

12 (3) in subsection (c)— 

13 (A) in the heading, by striking ‘‘NEW’’; 

14 and 

15 (B) in paragraph (1), by striking ‘‘hired 

16 after the date of enactment of the No Child 

17 Left Behind Act of 2001 and’’; 

18 (4) by striking subsection (d); 

19 (5) by redesignating subsections (e) through (l) 

20 as subsections (d) through (k), respectively; 

21 (6) in subsection (d), as redesignated by para22 graph (5), by striking ‘‘Subsections (c) and (d)’’ and 

23 inserting ‘‘Subsection (c)’’; 


ccoleman on PROD1PC71 with BILLS
113 

•S 1775 IS

1 (7) in subsection (e), as redesignated by para2 graph (5), by striking ‘‘regardless of the paraprofes3 sionals’ hiring date,’’; 

4 (8) in subsection (f)(3)(A), as redesignated by 

5 paragraph (5), by striking ‘‘section 1119’’ and in6 serting ‘‘this section’’; 

7 (9) in subsection (j), as redesignated by para8 graph (5), by striking ‘‘subsection (l)’’ and inserting 

9 ‘‘subsection (k)’’; and 

10 (10) by striking subsection (k), as redesignated 

11 by paragraph (5), and inserting the following: 

12 ‘‘(k) MINIMUM EXPENDITURES.—Each local edu13 cational agency that receives funds under this part shall 

14 use not less than 5 percent of the funds for each fiscal 

15 year, for professional development activities and teacher 

16 recruitment and retention activities, which may include 

17 differential, incentive, and merit- or performance-based 

18 pay, to ensure that low-income students and minority stu19 dents are not taught at higher rates than other students 

20 by unqualified, out-of-field, or inexperienced teachers.’’. 

21 (b) TEACHER DEVELOPMENT.—Part A of title II of 

22 the Higher Education Act of 1965 (20 U.S.C. 1021 et 

23 seq.) is amended by adding after section 208 the following: 


ccoleman on PROD1PC71 with BILLS
114 

•S 1775 IS

1 ‘‘SEC. 208A. TEACHER DEVELOPMENT. 

2 ‘‘(a) IN GENERAL.—As a condition of receiving as3 sistance under title IV, an institution of higher education 

4 that conducts a teacher preparation program that enrolls 

5 students receiving Federal assistance under this Act shall 

6 set annual quantifiable goals for— 

7 ‘‘(1) increasing the number of prospective 

8 teachers trained in teacher shortage areas des9 ignated by the Secretary, including mathematics, 

10 science, special education, and instruction of limited 

11 English proficient students; and 

12 ‘‘(2) more closely linking the training provided 

13 by the institution with the needs of schools and the 

14 instructional decisions new teachers face in the 

15 classroom. 

16 ‘‘(b) ASSURANCES.—An institution of higher edu17 cation described in subsection (a) shall provide an assur18 ance to the Secretary that— 

19 ‘‘(1) training provided to prospective teachers 

20 responds to the identified needs of the local edu21 cational agencies or States where graduates are like22 ly to teach (based on past hiring and recruitment 

23 trends); 

24 ‘‘(2) prospective special education teachers re25 ceive coursework in core content areas and receive 


ccoleman on PROD1PC71 with BILLS
115 

•S 1775 IS

1 training in providing instruction in core content 

2 areas; 

3 ‘‘(3) general education teachers receive training 

4 in providing instruction to diverse populations, in5 cluding students with disabilities, limited English 

6 proficient students, and students from low-income 

7 families; and 

8 ‘‘(4) prospective teachers receive training on 

9 how to effectively teach in urban and rural schools. 

10 ‘‘(c) PUBLIC REPORTING.—As part of the report card 

11 required under section 207(f), an institution of higher 

12 education described in this section shall publicly report 

13 whether the goals established under subsection (a) have 

14 been met.’’. 

15 SEC. 1119. GRANTS FOR THE OUTLYING AREAS AND THE 

16 SECRETARY OF THE INTERIOR. 

17 Section 1121(b) (20 U.S.C. 6331(b)) is amended— 

18 (1) in paragraph (2)— 

19 (A) by striking ‘‘each appropriate outlying 

20 area’’ and inserting ‘‘the Republic of Palau’’; 

21 and 

22 (B) by striking ‘‘2001’’ and inserting 

23 ‘‘2007’’; 

24 (2) in paragraph (3)(A), by striking ‘‘and freely 

25 associated States’’; and 


ccoleman on PROD1PC71 with BILLS
116 

•S 1775 IS

1 (3) in paragraph (4), by striking ‘‘States’’ and 

2 inserting ‘‘states’’. 

3 SEC. 1120. ALLOCATIONS TO STATES. 

4 Section 1122(a) (20 U.S.C. 6332(a)) is amended, in 

5 the matter preceding paragraph (1), by striking ‘‘fiscal 

6 years 2002–2007’’ and inserting ‘‘fiscal years 2008– 

7 2013’’. 

8 SEC. 1121. BASIC GRANTS TO LOCAL EDUCATIONAL AGEN9 CIES. 

10 Section 1124 (20 U.S.C. 6333) is amended— 

11 (1) in subsection (a)(4)— 

12 (A) in subparagraph (B), by striking ‘‘less 

13 than’’ and all that follows through the period 

14 and inserting ‘‘less than 100.0 percent.’’; and 

15 (B) in subparagraph (C)— 

16 (i) in clause (i), by inserting ‘‘or’’ 

17 after the semicolon; 

18 (ii) by striking clause (ii); and 

19 (iii) by redesignating clause (iii) as 

20 clause (ii); and 

21 (2) in subsection (c)(3)(A), by striking ‘‘In fis22 cal year 2002 and each subsequent fiscal year,’’ and 

23 inserting ‘‘In each fiscal year,’’. 


ccoleman on PROD1PC71 with BILLS
117 

•S 1775 IS

1 SEC. 1122. EDUCATION FINANCE INCENTIVE GRANT PRO2 GRAM. 

3 Section 1125A (20 U.S.C. 6337) is amended— 

4 (1) in subsection (c), by redesignating subpara5 graphs (A) and (B) as paragraphs (1) and (2), re6 spectively, and indenting appropriately; and 

7 (2) in subsection (f), by striking ‘‘2002’’ and 

8 inserting ‘‘2008’’. 

9 PART B—STUDENT READING SKILLS 

10 IMPROVEMENT GRANTS 

11 Subpart 1—Reading First 

12 SEC. 1201. FORMULA GRANTS TO STATE EDUCATIONAL 

13 AGENCIES. 

14 Section 1202 (20 U.S.C. 6362) is amended— 

15 (1) in subsection (b)(1)(E), by striking ‘‘, be16 ginning with fiscal year 2004,’’; 

17 (2) by striking clause (ii) of subsection 

18 (c)(6)(B) and inserting the following: 

19 ‘‘(ii) have the highest percentages of 

20 children who are eligible for free or re21 duced-price lunch under the Richard B. 

22 Russell National School Lunch Act.’’; 

23 (3) in subsection (c)(7)(B)— 

24 (A) by striking clause (i); and 

25 (B) by redesignating clauses (ii) and (iii) 

26 as clauses (i) and (ii), respectively; and 


ccoleman on PROD1PC71 with BILLS
118 

•S 1775 IS

1 (4) in subsection (e)(2), by striking ‘‘peer re2 view panel’’ and inserting ‘‘Committee’’. 

3 SEC. 1202. STATE FORMULA GRANT APPLICATIONS. 

4 Section 1203 (20 U.S.C. 6363) is amended— 

5 (1) in subsection (a)— 

6 (A) by striking paragraph (2); and 

7 (B) by striking ‘‘APPLICATIONS.—’’ and all 

8 that follows through ‘‘A State’’ and inserting 

9 ‘‘APPLICATIONS.—A State’’; 

10 (2) in subsection (b)— 

11 (A) by striking paragraph (2); 

12 (B) by redesignating paragraphs (3) and 

13 (4) as paragraphs (2) and (3), respectively; and 

14 (C) in paragraph (3) (as redesignated by 

15 subparagraph (B))— 

16 (i) by redesignating subparagraph (I) 

17 as subparagraph (J); and 

18 (ii) by inserting after subparagraph 

19 (H) the following: 

20 ‘‘(I) How the State educational agency will 

21 collect and report to the Secretary, for each 

22 school served by a local educational agency re23 ceiving a subgrant under section 1202, baseline 

24 data on the reading achievement of students in 


ccoleman on PROD1PC71 with BILLS
119 

•S 1775 IS

1 grades 1 through 3 in the year prior to the first 

2 year of the project.’’; 

3 (3) in subsection (c)(2)— 

4 (A) in the matter preceding clause (i) of 

5 subparagraph (A)— 

6 (i) in the first sentence, by striking 

7 ‘‘panel to evaluate’’ and inserting ‘‘Read8 ing First Advisory Committee (referred to 

9 in this subpart as ‘the Committee’) to 

10 evaluate’’; and 

11 (ii) in the second sentence, by striking 

12 ‘‘panel shall’’ and inserting ‘‘Committee 

13 shall’’; 

14 (B) by redesignating subparagraphs (B) 

15 and (C) as subparagraphs (C) and (D), respec16 tively; 

17 (C) by inserting after subparagraph (A) 

18 the following: 

19 ‘‘(B) LIMITATION.—The Committee shall 

20 not be comprised of a majority of members se21 lected by 1 individual or entity described in sub22 paragraph (A).’’; 

23 (D) in subparagraph (C), as redesignated 

24 by subparagraph (B), by striking ‘‘The panel’’ 

25 and inserting ‘‘The Committee’’; 


ccoleman on PROD1PC71 with BILLS
120 

•S 1775 IS

1 (E) in subparagraph (D), as redesignated 

2 by subparagraph (B)— 

3 (i) by striking ‘‘The panel’’ and in4 serting ‘‘The Committee’’; and 

5 (ii) by inserting ‘‘and shall provide the 

6 Secretary with feedback for State edu7 cational agencies whose applications are 

8 not approved’’ before the period at the end; 

9 (F) by adding at the end the following: 

10 ‘‘(E) SUBCOMMITTEES.— 

11 ‘‘(i) IN GENERAL.—At its sole discre12 tion, the Committee may form 1 or more 

13 subcommittees, comprised of members of 

14 the Committee, to assist the Committee 

15 with the Committee’s functions described 

16 in this paragraph. 

17 ‘‘(ii) REPRESENTATION.—Each sub18 committee formed by the Committee shall 

19 include not less than 1 member selected by 

20 each individual or entity described in sub21 paragraph (A), and in no case shall be 

22 comprised of a majority of members se23 lected by 1 such individual or entity. Mem24 bers of the Committee may serve on 1 or 

25 more subcommittees. 


ccoleman on PROD1PC71 with BILLS
121 

•S 1775 IS

1 ‘‘(iii) COMMITTEE REVIEW.—After a 

2 subcommittee makes recommendations re3 garding a grant application under this sec4 tion, the Committee shall— 

5 ‘‘(I) review the recommendations 

6 made by the subcommittee, including 

7 any feedback to be provided to the 

8 State educational agency regarding 

9 the application; and 

10 ‘‘(II) following such review, make 

11 a final recommendation, including any 

12 feedback, to the Secretary in accord13 ance with subparagraph (D). 

14 ‘‘(F) GOVERNANCE.—The provisions of the 

15 Federal Advisory Committee Act (5 U.S.C. 

16 App.) shall apply to the activities of the Com17 mittee. 

18 ‘‘(G) CONFLICTS OF INTEREST.— 

19 ‘‘(i) IN GENERAL.—The Secretary 

20 shall establish a process through which 

21 each individual selected to be a member of 

22 the Committee shall be screened for poten23 tial conflicts of interest before becoming a 

24 member. 


ccoleman on PROD1PC71 with BILLS
122 

•S 1775 IS

1 ‘‘(ii) SCREENING.—The screening 

2 process described in clause (i) shall— 

3 ‘‘(I) be reviewed and approved by 

4 the Office of General Counsel of the 

5 Department; 

6 ‘‘(II) include, at a minimum— 

7 ‘‘(aa) a review of each po8 tential member’s connection to 

9 any State’s program under this 

10 subpart; 

11 ‘‘(bb) each potential mem12 ber’s potential financial interest 

13 in any product that might be 

14 purchased by a State educational 

15 agency or local educational agen16 cy in the course of such agency’s 

17 implementation of a grant under 

18 this subpart; and 

19 ‘‘(cc) each potential mem20 ber’s professional connections to 

21 teaching methodologies that 

22 might require the use of specific 

23 products; and 

24 ‘‘(III) be designed to prevent, to 

25 the extent possible, bias or the apVerDate Aug 31 2005 04:05 Jul 14, 2007 Jkt 059200 PO 00000 Frm 00122 Fmt 6652 Sfmt 6201 E:\BILLS\S1775.IS S1775

ccoleman on PROD1PC71 with BILLS
123 

•S 1775 IS

1 pearance of bias in the Committee’s 

2 performance of the Committee’s re3 sponsibilities under this paragraph. 

4 ‘‘(H) GUIDANCE.— 

5 ‘‘(i) IN GENERAL.—The Secretary 

6 shall— 

7 ‘‘(I) develop guidance for how the 

8 Committee and any subcommittees 

9 created in accordance with subpara10 graph (E) will— 

11 ‘‘(aa) review applications 

12 submitted under this section; and 

13 ‘‘(bb) provide feedback to 

14 State educational agencies and 

15 recommendations to the Sec16 retary; and 

17 ‘‘(II) develop guidance for how 

18 the Secretary will review the rec19 ommendations of the Committee and 

20 any subcommittees and make final de21 terminations of funding or disapproval 

22 of an application submitted under this 

23 section. 


ccoleman on PROD1PC71 with BILLS
124 

•S 1775 IS

1 ‘‘(ii) REQUIREMENTS.—The guidance 

2 described in clause (i) shall, at a min3 imum— 

4 ‘‘(I) create a transparent process 

5 through which the Committee and any 

6 subcommittees of the Committee pro7 vide clear, consistent, and publicly 

8 available documentation in support of 

9 all recommendations; 

10 ‘‘(II) ensure that the Committee 

11 reviews any subcommittee feedback 

12 prior to that feedback being submitted 

13 to a State educational agency; 

14 ‘‘(III) ensure that a State edu15 cational agency has the opportunity 

16 for direct interaction with the Com17 mittee and any subcommittees, as ap18 propriate, when revising an applica19 tion under this section as a result of 

20 feedback submitted by the Committee 

21 or a subcommittee; 

22 ‘‘(IV) require that the Com23 mittee, any subcommittee, and the 

24 Secretary clearly and consistently doc25 ument that all criteria described in 


ccoleman on PROD1PC71 with BILLS
125 

•S 1775 IS

1 subsection (b) are met before an ap2 plication submitted under this section 

3 is approved; and 

4 ‘‘(V) create a transparent process 

5 through which the Secretary clearly, 

6 consistently, and publicly documents 

7 the Secretary’s decision to fund or 

8 disapprove each application submitted 

9 under this section and the reasons for 

10 such decision.’’; and 

11 (4) by striking subsection (d)(4). 

12 SEC. 1203. TARGETED ASSISTANCE GRANTS. 

13 Section 1204 (20 U.S.C. 6364) is amended— 

14 (1) in subsection (a), by striking ‘‘Beginning 

15 with fiscal year 2004, from’’ and inserting ‘‘From’’; 

16 and 

17 (2) in subsection (c)(2)— 

18 (A) in the first sentence, by striking ‘‘peer 

19 review panel’’ and inserting ‘‘Committee’’; and 

20 (B) in the second sentence, by striking 

21 ‘‘panel shall’’ and inserting ‘‘Committee shall’’. 

22 SEC. 1204. EXTERNAL EVALUATION. 

23 Section 1205 (20 U.S.C. 6365) is amended by adding 

24 at the end the following: 

25 ‘‘(e) LIMITATION.— 


ccoleman on PROD1PC71 with BILLS
126 

•S 1775 IS

1 ‘‘(1) IN GENERAL.—The Secretary shall ensure 

2 that the independent organization described in sub3 section (a) does not hold a contract or subcontract 

4 to implement any aspect of a program under this 

5 subpart. 

6 ‘‘(2) SUBCONTRACTORS.—The contract entered 

7 into under subsection (a) shall prohibit the inde8 pendent organization conducting the evaluation from 

9 entering into a subcontract with any entity that 

10 holds a contract or subcontract to implement any as11 pect of a program under this subpart.’’. 

12 SEC. 1205. NATIONAL ACTIVITIES. 

13 Section 1206 (20 U.S.C. 6366) is amended— 

14 (1) in the matter preceding paragraph (1), by 

15 inserting before ‘‘From funds’’ the following: 

16 ‘‘(a) TECHNICAL ASSISTANCE AND EVALUATION.—’’; 

17 and 

18 (2) by adding at the end the following: 

19 ‘‘(b) CONTRACTS FOR TECHNICAL ASSISTANCE.— 

20 ‘‘(1) IN GENERAL.—The Secretary may enter 

21 into contracts with independent entities to perform 

22 the activities described in subsection (a)(1). 

23 ‘‘(2) CONFLICTS OF INTEREST.— 


ccoleman on PROD1PC71 with BILLS
127 

•S 1775 IS

1 ‘‘(A) IN GENERAL.—If the Secretary en2 ters into a contract described in paragraph (1), 

3 the Secretary shall— 

4 ‘‘(i) ensure that such contract re5 quires the independent entity to screen for 

6 conflicts of interest through the screening 

7 process described in subparagraph (B) 

8 when hiring individuals to carry out the re9 sponsibilities under the contract; and 

10 ‘‘(ii) ensure that such contract re11 quires the independent entity to include 

12 the requirement under clause (i) in any 

13 subcontract that such entity enters into to 

14 fulfill the responsibilities described in sub15 section (a)(1). 

16 ‘‘(B) SCREENING PROCESS.—The screen17 ing process shall— 

18 ‘‘(i) include, at a minimum, a review 

19 of each individual performing duties under 

20 the contract or subcontract for— 

21 ‘‘(I) any connection to a State’s 

22 program under this subpart; 

23 ‘‘(II) any potential financial in24 terest in, or other connection to, prod25 ucts that might be purchased by a 


ccoleman on PROD1PC71 with BILLS
128 

•S 1775 IS

1 State educational agency or local edu2 cational agency in the course of such 

3 agency’s implementation of a program 

4 or project under this subpart; and 

5 ‘‘(III) any connection to a teach6 ing methodology that might require 

7 the use of a specific product; and 

8 ‘‘(ii) be designed to prevent, to the ex9 tent possible, bias or the appearance of 

10 bias in the performance of the responsibil11 ities under the contract or subcontract. 

12 ‘‘(3) INFORMATION DISSEMINATION.—If the 

13 Secretary enters into a contract under paragraph 

14 (1), or if a contracted entity enters into a sub15 contract to carry out the responsibilities under such 

16 contract, the contract or subcontract shall require 

17 the contractor or subcontractor to clearly separate 

18 technical assistance provided under such contract or 

19 subcontract from information provided, or activities 

20 engaged in, as part of the normal operations of the 

21 contractor or subcontractor. Efforts to comply with 

22 this paragraph may include the creation of separate 

23 web pages for the purpose of fulfilling a contract or 

24 subcontract entered into under this subsection.’’. 


ccoleman on PROD1PC71 with BILLS
129 

•S 1775 IS

1 SEC. 1206. PROHIBITION OF FEDERAL GOVERNMENT 

2 INTERVENTION. 

3 Subpart 1 of part B of title I (20 U.S.C. 6361 et 

4 seq.) is further amended by inserting after section 1207 

5 the following: 

6 ‘‘SEC. 1207A. PROHIBITION OF FEDERAL GOVERNMENT 

7 INTERVENTION. 

8 ‘‘(a) IN GENERAL.—Nothing in this subpart shall be 

9 construed to alter or lessen the prohibitions under section 

10 9527(b) or section 103(b) of the Department of Education 

11 Organization Act. 

12 ‘‘(b) GUIDANCE.— 

13 ‘‘(1) IN GENERAL.—The Secretary shall develop 

14 guidance for Department employees responsible for 

15 the implementation of this subpart that will assist 

16 such employees in complying with the prohibitions 

17 described in subsection (a). 

18 ‘‘(2) CONTENTS OF GUIDANCE.—The guidance 

19 described in paragraph (1) shall— 

20 ‘‘(A) emphasize the importance of con21 sultation with the Office of General Counsel of 

22 the Department on issues related to such prohi23 bitions; and 

24 ‘‘(B) stress that any information dissemi25 nated, or technical assistance provided, in ac26 cordance with this subpart, shall represent mulVerDate Aug 31 2005 04:05 Jul 14, 2007 Jkt 059200 PO 00000 Frm 00129 Fmt 6652 Sfmt 6201 E:\BILLS\S1775.IS S1775

ccoleman on PROD1PC71 with BILLS
130 

•S 1775 IS

1 tiple perspectives and not in any way endorse or 

2 appear to endorse any particular product or 

3 service that might be purchased by a State edu4 cational agency or local educational agency in 

5 the course of such agency’s implementation of 

6 a program under this subpart.’’. 

7 Subpart 2—Early Reading First 

8 SEC. 1221. EVALUATION. 

9 Section 1226 (20 U.S.C. 6376) is amended— 

10 (1) in subsection (a), by striking ‘‘October 1, 

11 2002, and ending September 30, 2006,’’ and insert12 ing ‘‘October 1, 2007, and ending September 30, 

13 2011,’’; and 

14 (2) in subsection (b)— 

15 (A) in paragraph (1), by striking ‘‘2004’’ 

16 and inserting ‘‘2009’’; and 

17 (B) in paragraph (2), by striking ‘‘2006’’ 

18 and inserting ‘‘2011’’. 

19 Subpart 3—Striving Readers 

20 SEC. 1231. STRIVING READERS. 

21 Subpart 3 of part B of title I (20 U.S.C. 6381 et 

22 seq.) is amended to read as follows: 


ccoleman on PROD1PC71 with BILLS
131 

•S 1775 IS

1 ‘‘Subpart 3—Striving Readers 

2 ‘‘SEC. 1231. PURPOSE; DEFINITIONS. 

3 ‘‘(a) PURPOSE.—The purpose of this subpart is to 

4 raise the reading achievement of middle school and high 

5 school students in schools that are eligible for assistance 

6 under part A and that enroll significant numbers of stu7 dents reading below grade level, by supporting the imple8 mentation and evaluation of new and existing comprehen9 sive reading initiatives that improve the quality of literacy 

10 instruction across the curriculum and provide intensive lit11 eracy interventions to struggling adolescent readers. 

12 ‘‘(b) DEFINITIONS.—In this subpart: 

13 ‘‘(1) ELIGIBLE APPLICANT.—The term ‘eligible 

14 applicant’ means any of the following: 

15 ‘‘(A) A local educational agency that— 

16 ‘‘(i) is eligible to receive funds under 

17 part A to carry out section 1113; and 

18 ‘‘(ii) serves an eligible school with stu19 dents in 1 or more of grades 6 through 12. 

20 ‘‘(B) A partnership consisting of— 

21 ‘‘(i) a local educational agency de22 scribed in subparagraph (A); and 

23 ‘‘(ii) 1 or more of the following enti24 ties: 

25 ‘‘(I) Another local educational 

26 agency described in subparagraph (A). 


ccoleman on PROD1PC71 with BILLS
132 

•S 1775 IS

1 ‘‘(II) A State educational agency. 

2 ‘‘(III) An institution of higher 

3 education. 

4 ‘‘(IV) A public or private organi5 zation with expertise in adolescent lit6 eracy or rigorous evaluation of edu7 cation programs. 

8 ‘‘(C) A State educational agency, applying 

9 on behalf of 1 or more local educational agen10 cies described in subparagraph (A), individually 

11 or jointly with 1 or more of the following enti12 ties: 

13 ‘‘(i) An institution of higher edu14 cation. 

15 ‘‘(ii) A public or private organization 

16 with expertise in adolescent literacy or rig17 orous evaluation of education programs. 

18 ‘‘(2) ELIGIBLE SCHOOL.—The term ‘eligible 

19 school’ means a school that is eligible for funds 

20 under section 1113. 

21 ‘‘SEC. 1232. STRIVING READERS GRANTS. 

22 ‘‘(a) PROGRAM AUTHORIZED.— 

23 ‘‘(1) IN GENERAL.—From amounts appro24 priated under this subpart, the Secretary shall 

25 award grants, on a competitive basis, to eligible apVerDate Aug 31 2005 04:05 Jul 14, 2007 Jkt 059200 PO 00000 Frm 00132 Fmt 6652 Sfmt 6201 E:\BILLS\S1775.IS S1775

ccoleman on PROD1PC71 with BILLS
133 

•S 1775 IS

1 plicants to carry out activities consistent with the 

2 purpose of this subpart. 

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

4 subsection shall be for a period of not more than 5 

5 years. 

6 ‘‘(b) APPLICATIONS.—An eligible applicant that de7 sires to receive a grant under this subpart shall submit 

8 an application to the Secretary at such time, in such man9 ner, and including such information as the Secretary may 

10 reasonably require, including— 

11 ‘‘(1) information on the eligible schools to be 

12 served by the project, including— 

13 ‘‘(A) such demographic, socioeconomic, and 

14 reading achievement data as the Secretary may 

15 request; and 

16 ‘‘(B) evidence that the schools proposed to 

17 be served have significant numbers or percent18 ages of students reading below grade level; 

19 ‘‘(2) a description of the instructional program 

20 that will be used in the project, including informa21 tion on how the program reflects strong research22 based evidence on adolescent literacy instruction; 

23 and 

24 ‘‘(3) a description of the activities that will be 

25 carried out under the grant, including a description 


ccoleman on PROD1PC71 with BILLS
134 

•S 1775 IS

1 of the professional development that will be provided 

2 to teachers, administrators, and other personnel, and 

3 of how those activities will support achievement of 

4 the purposes of the grant. 

5 ‘‘(c) USES OF FUNDS.—An eligible applicant receiv6 ing a grant under this subpart shall use grant funds re7 ceived to— 

8 ‘‘(1) provide middle- and high-school aged stu9 dents who are not less than 2 years below grade 

10 level in reading with targeted interventions to im11 prove the students’ basic reading skills, vocabulary, 

12 fluency, and reading comprehension using research13 based strategies; 

14 ‘‘(2) implement school-level strategies to in15 crease reading achievement for students by improv16 ing the quality of literacy instruction across the cur17 riculum; 

18 ‘‘(3) provide teachers with professional develop19 ment on scientifically based reading research for ad20 olescent students or on integrating comprehension 

21 and literacy skills in the classroom across subject 

22 areas; 

23 ‘‘(4) acquire, provide training for, and imple24 ment valid and reliable reading assessments or other 

25 appropriate measures that are based on scientifically 


ccoleman on PROD1PC71 with BILLS
135 

•S 1775 IS

1 based reading research to determine whether stu2 dents are developing and improving reading skills; 

3 ‘‘(5) provide professional development to teach4 ers, administrators, and other personnel, to support 

5 achievement of the purposes of the project; and 

6 ‘‘(6) design and implement a rigorous evalua7 tion, including random assignment of students, of 

8 the grantee’s targeted literacy interventions that will 

9 measure whether the interventions were properly im10 plemented and will track student performance in 

11 reading and literacy as measured by regular ongoing 

12 assessment as well as the results of the State aca13 demic assessments of reading or language arts, as 

14 described in section 1111(b)(3). 

15 ‘‘(d) FISCAL AGENT.—Each eligible applicant for a 

16 grant under this subpart shall identify, in the application, 

17 a participating local educational agency described in sec18 tion 1231(b)(1)(A) or a State educational agency, that will 

19 serve as the fiscal agent for the grant. 

20 ‘‘SEC. 1233. PARTICIPATION OF PRIVATE SCHOOL CHIL21 DREN AND TEACHERS. 

22 ‘‘In making grants under this subpart, the Secretary 

23 shall ensure, where appropriate, that provision is made for 

24 the equitable participation of students and teachers in pri25 vate nonprofit elementary schools and secondary schools, 


ccoleman on PROD1PC71 with BILLS
136 

•S 1775 IS

1 including the participation of teachers and other personnel 

2 serving these students in professional development pro3 grams. 

4 ‘‘SEC. 1234. EVALUATION AND TECHNICAL ASSISTANCE. 

5 ‘‘The Secretary may use funds appropriated under 

6 this subpart to provide technical assistance to grantees 

7 and to conduct a program evaluation. 

8 ‘‘SEC. 1235. PROGRAM PERFORMANCE AND ACCOUNT9 ABILITY. 

10 ‘‘Each eligible applicant receiving a grant under this 

11 subpart shall collect and report to the Secretary such in12 formation on the results of the grant as the Secretary may 

13 reasonably require, including information on— 

14 ‘‘(1) the percentage of middle school and high 

15 school students reading significantly below grade 

16 level who demonstrate a gain in their reading 

17 achievement, at a minimum of 1 grade level or its 

18 equivalent, after participating in a targeted interven19 tion under the grant over an academic school year; 

20 and 

21 ‘‘(2) the percentage of students in schools par22 ticipating in the program who score at or above the 

23 proficient level on the State academic assessments of 

24 reading or language arts described in section 

25 1111(b)(3).’’. 


ccoleman on PROD1PC71 with BILLS
137 

•S 1775 IS

1 Subpart 4—Improving Literacy Through School 

2 Libraries 

3 SEC. 1241. IMPROVING LITERACY THROUGH SCHOOL LI4 BRARIES. 

5 Subpart 4 of part B of title I (20 U.S.C. 6383) is 

6 amended— 

7 (1) by redesignating section 1251 as section 

8 1241; and 

9 (2) in section 1241(j)(1) (as redesignated by 

10 paragraph (1)), by striking ‘‘2001’’ and inserting 

11 ‘‘2007’’. 

12 PART C—EDUCATION OF MIGRATORY CHILDREN 

13 SEC. 1301. PROGRAM PURPOSE. 

14 Section 1301 (20 U.S.C. 6391) is amended to read 

15 as follows: 

16 ‘‘SEC. 1301. PROGRAM PURPOSE. 

17 ‘‘It is the purpose of this part to assist States in pro18 viding high-quality, comprehensive education programs 

19 (including instructional and supportive services, as appro20 priate) that address the special educational needs of mi21 gratory children that result from such children’s migratory 

22 lifestyle, in order to— 

23 ‘‘(1) help such children succeed in school and 

24 meet the same challenging State academic content 

25 standards and student academic achievement stand26 ards that all children are expected to meet; and 


ccoleman on PROD1PC71 with BILLS
138 

•S 1775 IS

1 ‘‘(2) prepare such children to make a successful 

2 transition to postsecondary education or employ3 ment.’’. 

4 SEC. 1302. STATE ALLOCATIONS. 

5 Section 1303 (20 U.S.C. 6393) is amended— 

6 (1) by striking subsection (a) and inserting the 

7 following: 

8 ‘‘(a) STATE ALLOCATIONS.— 

9 ‘‘(1) IN GENERAL.—From the amounts made 

10 available for this part for a fiscal year and subject 

11 to paragraph (2), each State (other than the Com12 monwealth of Puerto Rico) shall be entitled to re13 ceive an amount equal to the product of— 

14 ‘‘(A) the number of identified migratory 

15 children, aged 3 through 21, residing in the 

16 State, as determined in accordance with sub17 section (d); and 

18 ‘‘(B) 40 percent of the average per-pupil 

19 expenditure in the State, except that the 

20 amount determined under this subparagraph 

21 may not be less than 32 percent, nor more than 

22 48 percent, of the average per-pupil expenditure 

23 in the United States. 


ccoleman on PROD1PC71 with BILLS
139 

•S 1775 IS

1 ‘‘(2) HOLD HARMLESS.—Notwithstanding para2 graph (1), for each of the fiscal years 2008 through 

3 2010, each State shall be allotted the greater of— 

4 ‘‘(A) the amount determined under para5 graph (1) for such State for the fiscal year; or 

6 ‘‘(B) an amount equal to 90 percent of the 

7 amount the State received under this part for 

8 the previous fiscal year.’’; 

9 (2) in subsection (b)— 

10 (A) by striking paragraphs (2) and (3); 

11 (B) by striking ‘‘PUERTO RICO.—’’ and all 

12 that follows through ‘‘For each’’ and inserting 

13 ‘‘PUERTO RICO.—For each’’; and 

14 (C) by redesignating subparagraphs (A) 

15 and (B) as paragraphs (1) and (2), respectively, 

16 and indenting appropriately; 

17 (3) in subsection (c)(2)(A), by striking ‘‘re18 quired’’ and inserting ‘‘needed’’; and 

19 (4) by striking subsections (d) and (e) and in20 serting the following: 

21 ‘‘(d) DETERMINING NUMBERS OF ELIGIBLE STU22 DENTS.—In order to determine the estimated number of 

23 migratory children residing in each State for purposes of 

24 this section, the Secretary shall use the most recent inforVerDate Aug 31 2005 04:05 Jul 14, 2007 Jkt 059200 PO 00000 Frm 00139 Fmt 6652 Sfmt 6201 E:\BILLS\S1775.IS S1775

ccoleman on PROD1PC71 with BILLS
140 

•S 1775 IS

1 mation available that the Secretary finds most accurately 

2 reflects the actual number of migratory children.’’. 

3 SEC. 1303. STATE APPLICATIONS; SERVICES. 

4 Section 1304 (20 U.S.C. 6394) is amended— 

5 (1) in subsection (b)— 

6 (A) in paragraph (1)(B), by striking ‘‘mi7 grant’’ and inserting ‘‘migratory’’; and 

8 (B) in paragraph (5), by striking ‘‘, the re9 quirements’’ and all that follows through the 

10 semicolon at the end and inserting ‘‘and the re11 quirements of subsection (d);’’; 

12 (2) in subsection (c)— 

13 (A) in paragraph (6)(E), by striking ‘‘and’’ 

14 after the semicolon; 

15 (B) in paragraph (7)— 

16 (i) by striking ‘‘paragraphs (1)(A) 

17 and (2)(B)(i) of section 1303(a)’’ and in18 serting ‘‘section 1303(a)(1)(A)’’; and 

19 (ii) by striking the period and insert20 ing ‘‘; and’’; and 

21 (C) by adding at the end the following: 

22 ‘‘(8) the State will require that each paraprofes23 sional hired to work in a program or project assisted 

24 under this part, and supported with funds received 

25 under this part, meet the requirements set forth 


ccoleman on PROD1PC71 with BILLS
141 

•S 1775 IS

1 under subsections (c), (e), and (f) of section 1119, 

2 except that— 

3 ‘‘(A) if the paraprofessional was hired be4 fore the date of enactment of the No Child Left 

5 Behind Act of 2007, such paraprofessional shall 

6 not be required to meet the requirements set 

7 forth under section 1119(c) of this Act until the 

8 end of the 4-year period following such date of 

9 enactment; and 

10 ‘‘(B) if the paraprofessional is a para11 professional described in paragraph (1) or (2) 

12 of section 1119(d), such paraprofessional shall 

13 not be required to meet the requirements of sec14 tion 1119(c).’’; and 

15 (3) in subsection (d), by striking ‘‘whose edu16 cation has been interrupted during the regular 

17 school year’’ and inserting ‘‘who have moved within 

18 the past 12 months, on their own or with their par19 ent or guardian, in order to obtain, or return from 

20 obtaining, temporary or seasonal employment in ag21 ricultural or fishing work.’’. 

22 SEC. 1304. COMPREHENSIVE NEEDS ASSESSMENT. 

23 Section 1306 (20 U.S.C. 6396) is amended— 

24 (1) in subsection (a)(1), in the matter pre25 ceding subparagraph (A), by inserting after ‘‘migraVerDate Aug 31 2005 04:05 Jul 14, 2007 Jkt 059200 PO 00000 Frm 00141 Fmt 6652 Sfmt 6201 E:\BILLS\S1775.IS S1775

ccoleman on PROD1PC71 with BILLS
142 

•S 1775 IS

1 tory children’’ the following: ‘‘that result from such 

2 children’s migratory lifestyle (including lack of edu3 cational continuity, missed instruction, low school 

4 and social engagement, cultural and language bar5 riers, health-related problems, difficulties parents 

6 face in helping such children with school, and limited 

7 access to other educational and social services),’’; 

8 and 

9 (2) in subsection (b)(2)— 

10 (A) in the paragraph heading, by striking 

11 ‘‘UNADDRESSED’’ and inserting ‘‘UNMET’’; 

12 (B) by striking ‘‘address’’ and inserting 

13 ‘‘meet’’; 

14 (C) by striking ‘‘not addressed’’ and in15 serting ‘‘not met’’; and 

16 (D) by striking ‘‘addresses’’ and inserting 

17 ‘‘has met’’. 

18 SEC. 1305. COORDINATION OF MIGRANT EDUCATION AC19 TIVITIES. 

20 Section 1308 (20 U.S.C. 6398) is amended— 

21 (1) in subsection (b)— 

22 (A) in paragraph (2)— 

23 (i) by striking subparagraph (B); and 

24 (ii) by striking ‘‘INFORMATION SYS25 TEM.—’’ and all that follows through ‘‘The 


ccoleman on PROD1PC71 with BILLS
143 

•S 1775 IS

1 Secretary, in consultation’’ and inserting 

2 ‘‘INFORMATION SYSTEM.—The Secretary, 

3 in consultation’’; 

4 (B) by redesignating clauses (i) through 

5 (iv) as subparagraphs (A) through (D), respec6 tively, and indenting such subparagraphs appro7 priately; and 

8 (C) by striking paragraph (4); 

9 (2) by striking subsection (c) and inserting the 

10 following: 

11 ‘‘(c) AVAILABILITY OF FUNDS.—From the funds ap12 propriated for any fiscal year to carry out this part, the 

13 Secretary may reserve not more than $12,500,000 to 

14 carry out this section for such fiscal year.’’; 

15 (3) in subsection (d), by striking ‘‘whose edu16 cation is interrupted’’ and inserting ‘‘described in 

17 section 1304(d)’’; and 

18 (4) by striking subsection (e). 

19 SEC. 1306. EVALUATION AND STUDY. 

20 Part C of title I (20 U.S.C. 6391 et seq.) is amended 

21 by adding at the end the following: 

22 ‘‘SEC. 1310. EVALUATION AND STUDY. 

23 ‘‘(a) PROGRAM EVALUATION.— 

24 ‘‘(1) IN GENERAL.—From funds appropriated 

25 to carry out this part for fiscal years 2008 through 


ccoleman on PROD1PC71 with BILLS
144 

•S 1775 IS

1 2013, the Secretary may reserve a total of not more 

2 than $5,000,000 to carry out a national evaluation 

3 of the program under this part, including an exam4 ination of the success of State efforts to identify and 

5 meet the unique educational needs of migratory chil6 dren. 

7 ‘‘(2) INSTITUTE OF EDUCATION SCIENCES.— 

8 The Secretary shall carry out the evaluation through 

9 the Institute of Education Sciences. 

10 ‘‘(b) STUDY.— 

11 ‘‘(1) IN GENERAL.—From the amounts de12 scribed in paragraph (2), the Secretary shall conduct 

13 a pilot study on the feasibility of using the National 

14 Assessment of Educational Progress under section 

15 303 of the National Assessment of Educational 

16 Progress Authorization Act for assessing and report17 ing on the academic achievement of migratory chil18 dren in grades 4 and 8 in reading and mathematics 

19 ‘‘(2) FUNDING SOURCE.—Notwithstanding sec20 tion 305 of the National Assessment of Educational 

21 Progress Authorization Act, a portion of the funds 

22 appropriated under such section for the 2009 Na23 tional Assessment of Educational Progress may be 

24 used by the Secretary to carry out the pilot study.’’. 


ccoleman on PROD1PC71 with BILLS
145 

•S 1775 IS

1 PART D—PREVENTION AND INTERVENTION PRO2 GRAMS FOR CHILDREN AND YOUTH WHO 

3 ARE NEGLECTED, DELINQUENT, OR AT-RISK 

4 SEC. 1401. ALLOCATION OF FUNDS. 

5 Section 1412(b)(2) (20 U.S.C. 6432(b)(2)) is amend6 ed to read as follows: 

7 ‘‘(2) MINIMUM PERCENTAGE.—The percentage 

8 in paragraph (1)(A) shall not be less than 85.0 per9 cent for any fiscal year.’’. 

10 SEC. 1402. CAREER EDUCATION. 

11 Part D of title I (20 U.S.C. 6421 et seq.) is amend12 ed— 

13 (1) in section 1414— 

14 (A) in subsection (a)(2)(A), by striking 

15 ‘‘vocational’’ and inserting ‘‘career’’; and 

16 (B) in subsection (c)(8), by striking ‘‘voca17 tional’’ and inserting ‘‘career’’; 

18 (2) in section 1415(a)(1)(B), by striking ‘‘voca19 tional’’ and inserting ‘‘career’’; 

20 (3) in section 1418(a)(2), by striking ‘‘voca21 tional’’ each place the term appears and inserting 

22 ‘‘career’’; 

23 (4) in section 1423(9), by striking ‘‘vocational’’ 

24 and inserting ‘‘career’’; 

25 (5) in section 1424(4), by striking ‘‘vocational’’ 

26 and inserting ‘‘career’’; and 


ccoleman on PROD1PC71 with BILLS
146 

•S 1775 IS

1 (6) in section 1425(9), by striking ‘‘vocational’’ 

2 and inserting ‘‘career’’. 

3 PART E—NATIONAL ASSESSMENT OF TITLE I 

4 SEC. 1501. EVALUATIONS. 

5 Section 1501 (20 U.S.C. 6491) is amended— 

6 (1) in subsection (a)— 

7 (A) in paragraph (2)— 

8 (i) in subparagraph (C)— 

9 (I) by striking clause (i); and 

10 (II) by redesignating clauses (ii) 

11 and (iii) as clauses (i) and (ii), respec12 tively; 

13 (ii) in subparagraph (E)— 

14 (I) by striking clause (ii); 

15 (II) by redesignating clauses (iii), 

16 (iv), and (v), as clauses (ii), (iii), and 

17 (iv), respectively; 

18 (III) in clause (iii), as redesig19 nated by subclause (II), by striking ‘‘, 

20 including the impact of the technical 

21 assistance on such achievement’’; and 

22 (IV) in clause (iv), as redesig23 nated by subclause (II), by striking 

24 ‘‘not later than the end of the 2005– 

25 2006 school year’’; 


ccoleman on PROD1PC71 with BILLS
147 

•S 1775 IS

1 (iii) by striking subparagraphs (G) 

2 and (H); 

3 (iv) by redesignating subparagraphs 

4 (I) through (O) as subparagraphs (G) 

5 through (M), respectively; and 

6 (v) in subparagraph (G)(iii), as redes7 ignated by clause (iv), by striking ‘‘provi8 sions, the’’ and all that follows through the 

9 period and inserting ‘‘provisions, and the 

10 implementation of these provisions.’’; 

11 (B) in paragraph (3), by striking ‘‘section 

12 411 of the National Education Statistics Act of 

13 1994’’ and inserting ‘‘the National Assessment 

14 of Educational Progress Authorization Act’’; 

15 (C) by striking paragraph (5); 

16 (D) by redesignating paragraph (6) as 

17 paragraph (5); and 

18 (E) in paragraph (5), as redesignated by 

19 subparagraph (D)— 

20 (i) in subparagraph (A)— 

21 (I) by striking ‘‘No Child Left 

22 Behind Act of 2001’’ and inserting 

23 ‘‘[short title]’’; and 

24 (II) by striking ‘‘the Workforce’’ 

25 and inserting ‘‘Labor’’; and 


ccoleman on PROD1PC71 with BILLS
148 

•S 1775 IS

1 (ii) in subparagraph (B)— 

2 (I) by striking ‘‘No Child Left 

3 Behind Act of 2001’’ and inserting 

4 ‘‘[short title]’’; and 

5 (II) by striking ‘‘the Workforce’’ 

6 and inserting ‘‘Labor’’; 

7 (2) in subsection (c)— 

8 (A) in paragraph (2)— 

9 (i) by striking subparagraph (D); and 

10 (ii) by redesignating subparagraphs 

11 (E) and (F) as subparagraphs (D) and 

12 (E), respectively; and 

13 (B) in paragraph (3)(C), by striking ‘‘in14 cluding’’ and all that follows through the period 

15 and inserting ‘‘including schoolwide and tar16 geted services.’’; and 

17 (3) in subsection (d)(3)(B)— 

18 (A) in clause (i), by striking ‘‘subsection 

19 (a)(6)(B)’’ and inserting ‘‘subsection 

20 (a)(5)(B)’’; and 

21 (B) in clause (iii), by striking ‘‘subsection 

22 (a)(6)(B)’’ and inserting ‘‘subsection 

23 (a)(5)(B)’’. 

24 SEC. 1502. ASSESSMENT EVALUATION. 

25 Section 1503 (20 U.S.C. 6493) is amended— 


ccoleman on PROD1PC71 with BILLS
149 

•S 1775 IS

1 (1) in subsection (b), by striking ‘‘The Assist2 ant Secretary of Educational Research and Improve3 ment’’ and inserting ‘‘The Director of the Institute 

4 of Education Sciences’’; 

5 (2) in subsection (c)(3), by striking ‘‘the Work6 force’’ and inserting ‘‘Labor’’; and 

7 (3) in subsection (e), by striking ‘‘the Work8 force’’ and inserting ‘‘Labor’’. 

9 SEC. 1503. CLOSE UP FELLOWSHIP PROGRAM. 

10 Part E of title I (20 U.S.C. 6491) is amended by 

11 striking section 1504. 

12 PART F—MATH NOW 

13 SEC. 1601. MATH NOW. 

14 Part F of title I (20 U.S.C. 6511 et seq.) is amended 

15 to read as follows: 

16 ‘‘PART F—MATH NOW 

17 ‘‘SEC. 1601. PURPOSES; DEFINITION. 

18 ‘‘(a) PURPOSES.—The purposes of this subpart are— 

19 ‘‘(1) to enable all elementary and middle school 

20 students to reach or exceed grade-level student aca21 demic achievement standards in mathematics; and 

22 ‘‘(2) to prepare such students to enroll in and 

23 pass algebra courses by— 

24 ‘‘(A) improving instruction in mathematics 

25 for students in kindergarten through grade 9 


ccoleman on PROD1PC71 with BILLS
150 

•S 1775 IS

1 through the implementation of mathematics 

2 programs and the support of comprehensive 

3 mathematics initiatives that are based on sci4 entifically valid research and reflect a dem5 onstrated record of effectiveness; and 

6 ‘‘(B) providing targeted help to low-income 

7 students who are struggling with mathematics 

8 and whose mathematics achievement is signifi9 cantly below grade level. 

10 ‘‘(b) DEFINITIONS.—In this part: 

11 ‘‘(1) ELIGIBLE LOCAL EDUCATIONAL AGEN12 CY.—The term ‘eligible local educational agency’ 

13 means a local educational agency serving not less 

14 than 1 elementary or middle school— 

15 ‘‘(A) with a significant number or percent16 age of students whose mathematics skills are 

17 below grade level; or 

18 ‘‘(B) that did not make adequate yearly 

19 progress in mathematics, as determined under 

20 section 1111(b)(2) for the most recent school 

21 year for which such information is available. 

22 ‘‘(2) SCIENTIFICALLY VALID RESEARCH.—The 

23 term ‘scientifically valid research’ has the meaning 

24 given that term in section 102 of the Education 

25 Sciences Reform Act of 2002. 


ccoleman on PROD1PC71 with BILLS
151 

•S 1775 IS

1 ‘‘SEC. 1602. GRANTS AND SUBGRANTS. 

2 ‘‘(a) PROGRAM AUTHORIZED.— 

3 ‘‘(1) IN GENERAL.—From the amounts appro4 priated under section 1002(f) for a fiscal year, the 

5 Secretary is authorized to award grants, on a com6 petitive basis, to State educational agencies to en7 able the State educational agencies to award sub8 grants to eligible local educational agencies to carry 

9 out the activities described in subsection (c). 

10 ‘‘(2) DURATION OF GRANT.—A grant awarded 

11 under this section shall be for a period of not more 

12 than 5 years. 

13 ‘‘(3) PRIORITY.—In awarding grants under this 

14 section, the Secretary shall give priority to applica15 tions for projects that will implement statewide 

16 strategies for improving mathematics instruction 

17 and raising the mathematics achievement of stu18 dents, particularly students in grades 4 through 9. 

19 ‘‘(b) STATE USES OF FUNDS.— 

20 ‘‘(1) IN GENERAL.—Each State educational 

21 agency that receives a grant under this section for 

22 a fiscal year— 

23 ‘‘(A) shall use not more than a total of 10 

24 percent of the grant funds to carry out the ac25 tivities described in paragraphs (2) and (3) for 

26 the fiscal year; and 


ccoleman on PROD1PC71 with BILLS
152 

•S 1775 IS

1 ‘‘(B) shall use not less than 90 percent of 

2 the grant funds to award subgrants, on a com3 petitive basis, to eligible local educational agen4 cies within the State to enable the eligible local 

5 educational agencies to carry out the activities 

6 described in subsection (c) for the fiscal year. 

7 ‘‘(2) MANDATORY USES OF FUNDS.—A State 

8 educational agency shall use the grant funds made 

9 available under paragraph (1)(A) to carry out each 

10 of the following activities: 

11 ‘‘(A) PLANNING AND ADMINISTRATION.— 

12 Planning and administration of the grant and 

13 subgrant programs, including— 

14 ‘‘(i) evaluating applications from eligi15 ble local educational agencies using peer 

16 review teams described in subsection 

17 (d)(1)(D); 

18 ‘‘(ii) administering the distribution of 

19 subgrants to eligible local educational 

20 agencies; and 

21 ‘‘(iii) assessing and evaluating, on a 

22 regular basis, eligible local educational 

23 agency activities assisted under this sec24 tion, with respect to whether the activities 


ccoleman on PROD1PC71 with BILLS
153 

•S 1775 IS

1 have been effective in increasing the num2 ber of students— 

3 ‘‘(I) making progress toward 

4 meeting the student academic achieve5 ment standards in mathematics for 

6 the students’ grade level; and 

7 ‘‘(II) meeting or exceeding the 

8 proficient level for the students’ ap9 propriate grade level on the State aca10 demic assessments in mathematics de11 scribed in section 1111(b)(3). 

12 ‘‘(B) REPORTING.—Annually reporting to 

13 the Secretary with information on the imple14 mentation of this section, as described in sub15 section (g). 

16 ‘‘(3) PERMISSIVE USE OF FUNDS; TECHNICAL

17 ASSISTANCE.— 

18 ‘‘(A) IN GENERAL.—A State educational 

19 agency may use the grant funds made available 

20 under paragraph (1)(A) for 1 or both of the fol21 lowing technical assistance activities that assist 

22 an eligible local educational agency in accom23 plishing the tasks required to design and imple24 ment a project under this section: 


ccoleman on PROD1PC71 with BILLS
154 

•S 1775 IS

1 ‘‘(i) Assistance in implementing a 

2 mathematics program or comprehensive 

3 mathematics initiative that is based on sci4 entifically valid research and reflects a 

5 demonstrated record of effectiveness. 

6 ‘‘(ii) Assistance in evaluating and se7 lecting diagnostic and classroom-based in8 structional mathematics assessments. 

9 ‘‘(B) GUIDANCE.—The technical assistance 

10 described in subparagraph (A) shall be guided 

11 by— 

12 ‘‘(i) researchers with expertise in the 

13 pedagogy of mathematics; 

14 ‘‘(ii) mathematicians; and 

15 ‘‘(iii) mathematics educators from 

16 high-risk, high-achievement schools. 

17 ‘‘(c) LOCAL USES OF FUNDS.— 

18 ‘‘(1) MANDATORY USES OF FUNDS.—Each eligi19 ble local educational agency receiving a subgrant 

20 under this section shall use the subgrant funds to 

21 carry out each of the following activities: 

22 ‘‘(A) IMPLEMENTATION OF PROGRAM OR

23 INITIATIVE.—Implementing a mathematics pro24 gram or comprehensive mathematics initia25 tive— 


ccoleman on PROD1PC71 with BILLS
155 

•S 1775 IS

1 ‘‘(i) for students in the grades of a 

2 participating school that were identified in 

3 the application submitted under subsection 

4 (d)(2)(B); and 

5 ‘‘(ii) that is research-based and re6 flects a demonstrated record of effective7 ness. 

8 ‘‘(B) PROFESSIONAL DEVELOPMENT.— 

9 Providing professional development and instruc10 tional leadership activities for teachers and, if 

11 appropriate, for administrators and other school 

12 staff, on the implementation of comprehensive 

13 mathematics initiatives designed— 

14 ‘‘(i) to improve the achievement of 

15 students performing significantly below 

16 grade level; 

17 ‘‘(ii) to improve the mathematical con18 tent knowledge of the teachers, administra19 tors, and other school staff; 

20 ‘‘(iii) to increase the use of effective 

21 instructional practices; and 

22 ‘‘(iv) to monitor student progress. 

23 ‘‘(C) PROGRESS MONITORING.—Con24 ducting continuous progress monitoring, which 


ccoleman on PROD1PC71 with BILLS
156 

•S 1775 IS

1 may include the adoption and use of assess2 ments that— 

3 ‘‘(i) measure student progress and 

4 identify areas in which students need help 

5 in learning mathematics; and 

6 ‘‘(ii) reflect mathematics content that 

7 is consistent with the State student aca8 demic achievement standards in mathe9 matics described in section 1111(b)(1). 

10 ‘‘(2) PERMISSIVE USES OF FUNDS.—An eligible 

11 local educational agency may use subgrant funds 

12 under this section to— 

13 ‘‘(A) adopt and use mathematics instruc14 tional materials and assessments; 

15 ‘‘(B) implement classroom-based mathe16 matics assessments, including diagnostic or 

17 formative assessments; 

18 ‘‘(C) provide remedial mathematics 

19 coursework and interventions for students, 

20 which may be provided before or after school; 

21 ‘‘(D) provide small groups with individual22 ized instruction in mathematics; 

23 ‘‘(E) conduct activities designed to improve 

24 the content knowledge and expertise of teach25 ers, such as the use of a mathematics coach, 


ccoleman on PROD1PC71 with BILLS
157 

•S 1775 IS

1 enrichment activities, or interdisciplinary meth2 ods of mathematics instruction; or 

3 ‘‘(F) collect and report performance data. 

4 ‘‘(d) APPLICATIONS.— 

5 ‘‘(1) STATE EDUCATIONAL AGENCY.—Each 

6 State educational agency desiring a grant under this 

7 section shall submit an application to the Secretary 

8 at such time and in such manner as the Secretary 

9 may require. Each application shall include— 

10 ‘‘(A) an assurance that the core mathe11 matics instructional programs, supplemental in12 structional materials, and intervention pro13 grams used by the eligible local educational 

14 agencies receiving subgrants under this section 

15 will— 

16 ‘‘(i) be based on scientifically valid re17 search; 

18 ‘‘(ii) reflect a demonstrated record of 

19 effectiveness; and 

20 ‘‘(iii) be aligned with State student 

21 academic achievement standards; 

22 ‘‘(B) an assurance that all eligible local 

23 educational agencies receiving subgrants will 

24 meet the requirements described in paragraph 

25 (2); 


ccoleman on PROD1PC71 with BILLS
158 

•S 1775 IS

1 ‘‘(C) an assurance that local applications 

2 will be evaluated using a peer review process; 

3 ‘‘(D) a description of the qualifications of 

4 the peer review teams, which shall consist of— 

5 ‘‘(i) researchers with expertise in the 

6 pedagogy of mathematics; 

7 ‘‘(ii) mathematicians; and 

8 ‘‘(iii) mathematics educators serving 

9 high-risk, high-achievement schools and eli10 gible local educational agencies; and 

11 ‘‘(E) an assurance that the State will es12 tablish a process to safeguard against conflicts 

13 of interest, consistent with section 1603(b), for 

14 individuals providing technical assistance on be15 half of the State educational agency under this 

16 part or participating in the State peer review 

17 process described in subparagraph (C). 

18 ‘‘(2) ELIGIBLE LOCAL EDUCATIONAL AGEN19 CY.—Each eligible local educational agency desiring 

20 a subgrant under this section shall submit an appli21 cation to the State educational agency at such time 

22 and in such manner as the State educational agency 

23 may require. Each application shall include— 


ccoleman on PROD1PC71 with BILLS
159 

•S 1775 IS

1 ‘‘(A) an assurance that the eligible local 

2 educational agency will provide assistance to 1 

3 or more schools that are— 

4 ‘‘(i) served by the eligible local edu5 cational agency; and 

6 ‘‘(ii) described in section 1601(b); 

7 ‘‘(B) a description of each of the grades 

8 kindergarten through grade 9, and of the 

9 schools, that will be served; 

10 ‘‘(C) information, on an aggregate basis, 

11 on each school to be served by the project, in12 cluding such demographic, socioeconomic, and 

13 mathematics achievement data as the State 

14 educational agency may request; 

15 ‘‘(D) a description of the core mathematics 

16 instructional program, supplemental instruc17 tional materials, and intervention programs or 

18 strategies that will be used for the project, in19 cluding an assurance that the programs, mate20 rials, or strategies— 

21 ‘‘(i) are based on scientifically valid 

22 research; 

23 ‘‘(ii) reflect a demonstrated record of 

24 effectiveness; and 


ccoleman on PROD1PC71 with BILLS
160 

•S 1775 IS

1 ‘‘(iii) are aligned with State student 

2 academic achievement standards; 

3 ‘‘(E) a description of the activities that will 

4 be carried out under the subgrant, including— 

5 ‘‘(i) a description of the professional 

6 development that will be provided to teach7 ers, and, if appropriate, administrators and 

8 other school staff; and 

9 ‘‘(ii) a description of how the activities 

10 will support the achievement of the pur11 poses of this part; 

12 ‘‘(F) an assurance that the eligible local 

13 educational agency will report to the State edu14 cational agency all data on student academic 

15 achievement that is necessary for the State edu16 cational agency’s report under subsection (g); 

17 and 

18 ‘‘(G) any other information the State edu19 cational agency may reasonably require. 

20 ‘‘(e) MATCHING REQUIREMENTS.— 

21 ‘‘(1) STATE EDUCATIONAL AGENCY.—For each 

22 fiscal year of a grant under this section, the State 

23 educational agency that receives the grant shall pro24 vide, from non-Federal sources, an amount equal to 

25 50 percent of the amount of the grant, in cash or 


ccoleman on PROD1PC71 with BILLS
161 

•S 1775 IS

1 in-kind, to carry out the activities supported by the 

2 grant. 

3 ‘‘(2) WAIVER.—The Secretary may waive all or 

4 a portion of the matching requirement described in 

5 paragraph (1) for any fiscal year, if the Secretary 

6 determines that— 

7 ‘‘(A) the application of the matching re8 quirement will result in serious hardship for the 

9 State educational agency; or 

10 ‘‘(B) providing a waiver best serves the 

11 purpose of the projects assisted under this sec12 tion. 

13 ‘‘(f) SUPPLEMENT NOT SUPPLANT.—Grant funds 

14 provided under this part shall be used to supplement, not 

15 supplant, other Federal and State funds available to carry 

16 out the activities described in subsection (c). 

17 ‘‘(g) PROGRAM PERFORMANCE AND ACCOUNT18 ABILITY.— 

19 ‘‘(1) INFORMATION.—Each State educational 

20 agency receiving a grant under this section shall col21 lect and report to the Secretary annually such infor22 mation on the results of the grant as the Secretary 

23 may reasonably require, including information on— 

24 ‘‘(A) mathematics achievement data that 

25 show the progress of students participating in 


ccoleman on PROD1PC71 with BILLS
162 

•S 1775 IS

1 projects under this section (including, to the ex2 tent practicable, comparable data from students 

3 not participating in such projects), based pri4 marily on the results of State, school district5 wide, or classroom-based assessments, includ6 ing— 

7 ‘‘(i) specific identification of those 

8 schools and eligible local educational agen9 cies that report the largest gains in mathe10 matics achievement; and 

11 ‘‘(ii) evidence of whether the State 

12 educational agency and eligible local edu13 cational agencies within the State have— 

14 ‘‘(I) significantly increased the 

15 number of such students achieving at 

16 or above grade level in mathematics; 

17 ‘‘(II) significantly increased the 

18 percentages of such students, 

19 disaggregated by the subgroups de20 scribed in section 

21 1111(b)(2)(C)(v)(II), who are achiev22 ing at or above grade level in mathe23 matics; 

24 ‘‘(III) significantly increased the 

25 number of such students making sigVerDate Aug 31 2005 04:05 Jul 14, 2007 Jkt 059200 PO 00000 Frm 00162 Fmt 6652 Sfmt 6201 E:\BILLS\S1775.IS S1775

ccoleman on PROD1PC71 with BILLS
163 

•S 1775 IS

1 nificant progress toward meeting the 

2 State student academic achievement 

3 standards in mathematics for the ap4 propriate grade level; and 

5 ‘‘(IV) successfully implemented 

6 this section; 

7 ‘‘(B) the percentage of students in the 

8 schools served by each eligible local educational 

9 agency receiving a subgrant under this section 

10 who enroll in algebra courses and the percent11 age of such students who pass algebra courses; 

12 and 

13 ‘‘(C) the progress made in increasing the 

14 quality and accessibility of professional develop15 ment and leadership activities in mathematics, 

16 especially activities resulting in greater content 

17 knowledge and expertise of teachers, adminis18 trators, and other school staff, except that the 

19 Secretary shall not require such information 

20 until after the third year of a grant awarded 

21 under this section. 

22 ‘‘(2) REPORTING AND DISAGGREGATION.—The 

23 information required under paragraph (1) shall be— 

24 ‘‘(A) reported in a manner that allows for 

25 a comparison of aggregated score differentials 


ccoleman on PROD1PC71 with BILLS
164 

•S 1775 IS

1 of student academic achievement before (to the 

2 extent feasible) and after the implementation of 

3 the project assisted under this section; and 

4 ‘‘(B) disaggregated in the same manner as 

5 information is disaggregated under section 

6 1111(h)(1)(C)(i). 

7 ‘‘(3) PRIVACY PROTECTION.—The data in the 

8 report shall be reported in a manner that— 

9 ‘‘(A) protects the privacy of individuals; 

10 and 

11 ‘‘(B) complies with the requirements of the 

12 Family Educational Rights and Privacy Act of 

13 1974 (20 U.S.C. 1232g). 

14 ‘‘(h) EVALUATION AND TECHNICAL ASSISTANCE.— 

15 ‘‘(1) EVALUATION.— 

16 ‘‘(A) IN GENERAL.—From the amounts re17 served under paragraph (3), the Secretary 

18 shall— 

19 ‘‘(i) conduct an annual independent 

20 evaluation, by grant or by contract, of the 

21 program assisted under this section, which 

22 shall include an assessment of the impact 

23 of the program on student academic 

24 achievement and teacher performance; and 


ccoleman on PROD1PC71 with BILLS
165 

•S 1775 IS

1 ‘‘(ii) shall annually submit to the au2 thorizing committees a report on the re3 sults of the evaluation. 

4 ‘‘(2) TECHNICAL ASSISTANCE.—The Secretary 

5 may use funds made available under paragraph (3) 

6 to provide technical assistance to prospective appli7 cants for grants or subgrants under this section and 

8 to eligible local educational agencies receiving sub9 grants. 

10 ‘‘(3) RESERVATION OF FUNDS.—The Secretary 

11 may reserve not more than 2.5 percent of funds ap12 propriated under section 1002(f) for a fiscal year to 

13 carry out this subsection. 

14 ‘‘SEC. 1603. PROHIBITIONS. 

15 ‘‘(a) IN GENERAL.—In implementing this part, the 

16 Secretary shall not— 

17 ‘‘(1) endorse, approve, or sanction any mathe18 matics curriculum designed for use in any school; or 

19 ‘‘(2) engage in oversight, technical assistance, 

20 or activities that will require the adoption of a spe21 cific mathematics program or instructional materials 

22 by a State, local educational agency, or school. 

23 ‘‘(b) CONFLICT OF INTEREST.—Any Federal em24 ployee, contractor, or subcontractor involved in the admin25 istration, implementation, or provision of oversight or 


ccoleman on PROD1PC71 with BILLS
166 

•S 1775 IS

1 technical assistance duties or activities under this part 

2 shall fully comply with all applicable Federal statutes, reg3 ulations, Executive orders, and Department of Education 

4 policies relating to ethical behavior (including provisions 

5 relating to conflicts of interest and to impropriety and the 

6 appearance of impropriety), including— 

7 ‘‘(1) titles 5 and 18, United States Code; 

8 ‘‘(2) the Ethics in Government Act of 1978 (5 

9 U.S.C. App.); 

10 ‘‘(3) part 2635 of title 5, Code of Federal Reg11 ulations (regarding the standards of ethical conduct 

12 for employees of the executive branch), or any cor13 responding similar regulation; 

14 ‘‘(4) part 6301 of title 5, Code of Federal Reg15 ulations (regarding the supplemental standards of 

16 conduct for employees of the Department), or any 

17 corresponding similar regulation; and 

18 ‘‘(5) Executive Order 12731 (55 Fed. Reg. 

19 42547; relating to the principles of ethical conduct 

20 for Federal Government officers and employees), or 

21 any corresponding similar executive order. 

22 ‘‘(c) RULE OF CONSTRUCTION.—Nothing in this part 

23 shall be construed to authorize or permit the Secretary, 

24 the Department, or a contractor for the Department, to 

25 mandate, direct, control, or suggest the selection of a 


ccoleman on PROD1PC71 with BILLS
167 

•S 1775 IS

1 mathematics curriculum, supplemental instructional mate2 rials, or program of instruction by a State, local edu3 cational agency, or school.’’. 

4 PART G—ADVANCED PLACEMENT PROGRAMS 

5 SEC. 1701. PURPOSES. 

6 Section 1702(3) (20 U.S.C. 6532(3)) is amended by 

7 striking ‘‘, Scholastic Aptitude Test (SAT) scores that are 

8 100 points above the national averages,’’. 

9 SEC. 1702. ADVANCED PLACEMENT INCENTIVE PROGRAM 

10 GRANTS. 

11 Section 1705 (20 U.S.C. 6535) is amended— 

12 (1) in subsection (a)— 

13 (A) by redesignating paragraphs (2) and 

14 (3) as paragraphs (3) and (4), respectively; 

15 (B) by striking paragraph (1) and insert16 ing the following: 

17 ‘‘(a) GRANTS AUTHORIZED.— 

18 ‘‘(1) GRANTS TO PARTNERSHIPS.—For any fis19 cal year for which the funds appropriated under sec20 tion 1002(g) are less than $100,000,000, the Sec21 retary is authorized to award grants, on a competi22 tive basis, to eligible entities to carry out the author23 ized activities described in subsection (d). 

24 ‘‘(2) GRANTS TO STATE EDUCATIONAL AGEN25 CIES.— 


ccoleman on PROD1PC71 with BILLS
168 

•S 1775 IS

1 ‘‘(A) IN GENERAL.—For any fiscal year 

2 for which funds appropriated under section 

3 1002(g) are equal to or more than 

4 $100,000,000— 

5 ‘‘(i) in the case of an eligible entity in 

6 the State that was previously awarded a 

7 grant under paragraph (1) whose grant pe8 riod has not ended, the Secretary shall re9 serve funds in a sufficient amount to make 

10 payments to the entity in accordance with 

11 the terms of the grant; and 

12 ‘‘(ii) from the amounts remaining 

13 after the reservation of funds under clause 

14 (i), the Secretary shall make allotments 

15 under subparagraph (B) to State edu16 cational agencies to enable such agencies 

17 to award subgrants, on a competitive basis, 

18 to eligible entities to carry out the author19 ized activities described in subsection (d). 

20 ‘‘(B) ALLOTMENT.—From amounts re21 maining after the reservation of funds under 

22 subparagraph (A)(i) for a fiscal year and sub23 ject to subparagraph (C), the Secretary shall 

24 make allotments to each State for a fiscal year 

25 in an amount that bears the same relation to 


ccoleman on PROD1PC71 with BILLS
169 

•S 1775 IS

1 the total of such remaining amounts for the fis2 cal year as the number of children eligible to be 

3 counted under section 1124(c) in the State 

4 bears to the number of children so counted in 

5 all the States. 

6 ‘‘(C) MINIMUM ALLOTMENT.—The amount 

7 of any State educational agency’s allotment 

8 under subparagraph (B) for any fiscal year 

9 shall not be less than one-half of 1 percent of 

10 the amount made available under this part for 

11 such year. 

12 ‘‘(D) SUBGRANT LIMITATION.—An eligible 

13 entity described in paragraph (4)(A) shall not 

14 be eligible for a subgrant under subparagraph 

15 (A)(ii).’’; 

16 (C) in paragraph (3) (as redesignated by 

17 subparagraph (A))— 

18 (i) in subparagraph (A), by striking 

19 ‘‘The Secretary shall award a grant under 

20 this section’’ and inserting ‘‘A grant or 

21 subgrant awarded under this section shall 

22 be’’; and 

23 (ii) in subparagraph (B), by striking 

24 ‘‘The Secretary shall make grant payments 

25 under this section’’ and inserting ‘‘Grant 


ccoleman on PROD1PC71 with BILLS
170 

•S 1775 IS

1 payments or subgrant payments under this 

2 section shall be made’’; 

3 (D) by striking paragraph (4) (as redesig4 nated by subparagraph (A)) and inserting the 

5 following: 

6 ‘‘(4) DEFINITION OF ELIGIBLE ENTITY.—In 

7 this section, the term ‘eligible entity’ means— 

8 ‘‘(A) a State educational agency; 

9 ‘‘(B) a local educational agency; or 

10 ‘‘(C) a national nonprofit educational enti11 ty with expertise in advanced placement serv12 ices.’’; 

13 (2) in subsection (c), by striking ‘‘In awarding 

14 grants under this section, the Secretary’’ and insert15 ing ‘‘In awarding grants under subsection (a)(1) or 

16 subgrants under subsection (a)(2), the Secretary or 

17 State educational agency, respectively,’’; 

18 (3) in subsection (d)— 

19 (A) in paragraph (1), by striking ‘‘grant 

20 funds’’ and inserting ‘‘grant or subgrant 

21 funds’’; 

22 (B) in paragraph (2)— 

23 (i) by striking ‘‘that is a State edu24 cational agency’’ and inserting ‘‘described 


ccoleman on PROD1PC71 with BILLS
171 

•S 1775 IS

1 in subsection (a)(4)(A) that receives a 

2 grant under subsection (a)(1)’’; and 

3 (ii) by striking ‘‘local educational 

4 agencies to enable the local educational 

5 agencies’’ and inserting ‘‘eligible entities 

6 described in subparagraph (B) or (C) of 

7 subsection (a)(4) to enable the eligible en8 tities’’; 

9 (4) in subsection (e), by striking ‘‘awarded a 

10 grant’’ and inserting ‘‘awarded a grant or 

11 subgrant’’; and 

12 (5) in subsection (f)(1)— 

13 (A) by striking ‘‘awarded a grant’’ and in14 serting ‘‘awarded a grant or subgrant’’; and 

15 (B) by striking ‘‘the Secretary’’ and insert16 ing ‘‘the Secretary or the State educational 

17 agency, as applicable’’. 

18 SEC. 1703. SUPPLEMENT, NOT SUPPLANT. 

19 Section 1706 (20 U.S.C. 6536) is amended by strik20 ing ‘‘Grant funds’’ and inserting ‘‘Grant funds and 

21 subgrant funds’’. 

22 PART H—SECONDARY SCHOOL GRADUATION 

23 SEC. 1801. SECONDARY SCHOOL GRADUATION. 

24 Part H of title I (20 U.S.C. 6551 et seq.) is amended 

25 to read as follows: 


ccoleman on PROD1PC71 with BILLS
172 

•S 1775 IS

1 ‘‘PART H—HIGH SCHOOL GRADUATION 

2 ‘‘SEC. 1801. SHORT TITLE. 

3 ‘‘This part may be cited as the ‘Graduate for a Better 

4 Future Act’. 

5 ‘‘SEC. 1802. PURPOSES. 

6 ‘‘The purposes of this part are— 

7 ‘‘(1) to create models of excellence for academi8 cally rigorous high schools, including early college 

9 high schools, in order to prepare all students for 

10 postsecondary education and work; 

11 ‘‘(2) to raise high school graduation rates and 

12 college-going rates; 

13 ‘‘(3) to reduce remediation rates at institutions 

14 of higher education; 

15 ‘‘(4) to create a seamless curriculum between 

16 high school and postsecondary education; 

17 ‘‘(5) to improve teaching and curricula to make 

18 high school more rigorous and relevant; 

19 ‘‘(6) to improve instruction and access to sup20 ports for struggling high school students; and 

21 ‘‘(7) to create, implement, and use early warn22 ing systems to help identify students at risk of drop23 ping out of high school, especially systems that mon24 itor student absenteeism. 

25 ‘‘SEC. 1803. DEFINITIONS. 

26 ‘‘In this part: 


ccoleman on PROD1PC71 with BILLS
173 

•S 1775 IS

1 ‘‘(1) ADVANCED PLACEMENT OR INTER2 NATIONAL BACCALAUREATE COURSE.—The term 

3 ‘Advanced Placement or International Baccalaureate 

4 course’ means a course of college-level instruction 

5 provided to middle school or high school students, 

6 terminating in an examination administered by the 

7 College Board or the International Baccalaureate 

8 Organization. 

9 ‘‘(2) COLLEGE-GOING RATE.—The term ‘col10 lege-going rate’ means the percentage of high school 

11 graduates who enroll at an institution of higher edu12 cation in the school year immediately following grad13 uation from high school. 

14 ‘‘(3) DUAL CREDIT COURSES.—The term ‘dual 

15 credit course’ means a college course that— 

16 ‘‘(A) may be taken at a high school or at 

17 an institution of higher education; 

18 ‘‘(B) is taught by college faculty; and 

19 ‘‘(C) the successful completion of which 

20 can earn high school academic credit as well as 

21 postsecondary academic credit. 

22 ‘‘(4) ELIGIBLE ENTITY.—The term ‘eligible en23 tity’ means— 

24 ‘‘(A) a State educational agency; 


ccoleman on PROD1PC71 with BILLS
174 

•S 1775 IS

1 ‘‘(B) a national, regional, or statewide non2 profit organization with expertise and experi3 ence in working with local educational agencies 

4 and high schools to raise high school academic 

5 achievement, high school graduation rates, and 

6 college-going rates; or 

7 ‘‘(C) a partnership consisting of a State 

8 educational agency and an entity described in 

9 subparagraph (B). 

10 ‘‘(5) ELIGIBLE LOCAL EDUCATIONAL AGEN11 CY.—The term ‘eligible local educational agency’ 

12 means a local educational agency with a high school 

13 graduation rate of 60 percent or less— 

14 ‘‘(A) in the aggregate; or 

15 ‘‘(B) applicable to 2 or more of the fol16 lowing subgroups of high school students served 

17 by the local educational agency: 

18 ‘‘(i) Economically disadvantaged stu19 dents. 

20 ‘‘(ii) Students from major racial or 

21 ethnic groups. 

22 ‘‘(6) HIGH SCHOOL.—The term ‘high school’ 

23 means a nonprofit institutional day or residential 

24 school, including a public charter high school, that 


ccoleman on PROD1PC71 with BILLS
175 

•S 1775 IS

1 provides high school education, as determined under 

2 State law. 

3 ‘‘(7) HIGH SCHOOL GRADUATION RATE.—The 

4 term ‘high school graduation rate’ means the per5 centage of students who graduate from high school 

6 with a regular diploma in the standard number of 

7 years as measured by a valid and reliable measure 

8 of high school graduation rates, such as the aver9 aged freshman graduation rate. 

10 ‘‘(8) RIGOROUS SECONDARY SCHOOL PROGRAM

11 OF STUDY.—The term ‘rigorous secondary school 

12 program of study’ means a rigorous secondary 

13 school program of study recognized as such by the 

14 Secretary for purposes of subparagraph (A)(i) or 

15 (B)(i) of section 401A(c)(3) of the Higher Edu16 cation Act of 1965. 

17 ‘‘SEC. 1804. PROGRAM AUTHORIZED. 

18 ‘‘(a) IN GENERAL.—From amounts appropriated 

19 under section 1002(h) for a fiscal year, the Secretary is 

20 authorized to award grants, on a competitive basis, to eli21 gible entities to enable eligible entities to award subgrants 

22 to eligible local educational agencies for the authorized ac23 tivities described in subsection (d). 

24 ‘‘(b) DURATION.— 


ccoleman on PROD1PC71 with BILLS
176 

•S 1775 IS

1 ‘‘(1) GRANTS.—The Secretary may award 

2 grants under this part for a period of not more than 

3 6 years. 

4 ‘‘(2) SUBGRANTS.—An eligible entity may 

5 award subgrants under this part (other than a plan6 ning grant under subsection (c)(3)) for a period of 

7 not more than 6 years. 

8 ‘‘(c) ELIGIBLE ENTITY AUTHORIZED ACTIVITIES.— 

9 ‘‘(1) DISTRIBUTION.—An eligible entity that re10 ceives a grant under this part— 

11 ‘‘(A) shall reserve not more than 15 per12 cent of the grant funds to carry out the activi13 ties described in paragraphs (2) through (5); 

14 and 

15 ‘‘(B) shall use not less than 85 percent of 

16 the grant funds to award subgrants, on a com17 petitive basis, to eligible local educational agen18 cies to enable the eligible local educational 

19 agencies to carry out the authorized activities 

20 described in subsection (d). 

21 ‘‘(2) STATE LEVEL PLANNING AND ADMINIS22 TRATION.—An eligible entity that receives a grant 

23 under this part may use the grant funds reserved 

24 under paragraph (1)(A) for planning and adminis25 tration, including— 


ccoleman on PROD1PC71 with BILLS
177 

•S 1775 IS

1 ‘‘(A) evaluating applications from eligible 

2 local educational agencies; 

3 ‘‘(B) administering the distribution of sub4 grants to eligible local educational agencies; and 

5 ‘‘(C) assessing and evaluating, on a reg6 ular basis, eligible local educational agency ac7 tivities carried out under this part, including 

8 regularly evaluating the academic rigor of 

9 courses at high schools in the State that receive 

10 funding under this part. 

11 ‘‘(3) LOCAL EDUCATIONAL AGENCY PLANNING

12 GRANTS.— 

13 ‘‘(A) IN GENERAL.—From amounts re14 served under paragraph (1)(A), an eligible enti15 ty may award a planning grant to an eligible 

16 local educational agency. 

17 ‘‘(B) AMOUNT.—An eligible entity shall 

18 award each planning grant under this para19 graph in an amount of not more than $10,000. 

20 ‘‘(C) DURATION AND USE OF PLANNING

21 GRANT FUNDS.—Each planning grant shall 

22 be— 

23 ‘‘(i) awarded for a period of 1 year; 

24 ‘‘(ii) nonrenewable; and 


ccoleman on PROD1PC71 with BILLS
178 

•S 1775 IS

1 ‘‘(iii) used to plan and apply for a 

2 subgrant awarded under paragraph (1)(B). 

3 ‘‘(4) TECHNICAL ASSISTANCE FOR LOCAL EDU4 CATIONAL AGENCIES.—An eligible entity that re5 ceives a grant under this part may use the grant 

6 funds reserved under paragraph (1)(A) for technical 

7 assistance, including— 

8 ‘‘(A) assisting eligible local educational 

9 agencies in accomplishing the tasks required to 

10 implement a program under this part; 

11 ‘‘(B) implementing a program of profes12 sional development for teachers and administra13 tors, in high schools that receive funding under 

14 this part, that prepares those teachers and ad15 ministrators to implement the authorized activi16 ties described in subsection (d); and 

17 ‘‘(C) assisting eligible local educational 

18 agencies in designing a program to be assisted 

19 under this part. 

20 ‘‘(5) REPORTING.—An eligible entity that re21 ceives a grant under this part may use the grant 

22 funds reserved under paragraph (1)(A) for annually 

23 collecting the data and preparing the report as re24 quired under section 1805. 


ccoleman on PROD1PC71 with BILLS
179 

•S 1775 IS

1 ‘‘(d) ELIGIBLE LOCAL EDUCATIONAL AGENCY AU2 THORIZED ACTIVITIES.—Each eligible local educational 

3 agency receiving a subgrant under this part shall use the 

4 subgrant funds to carry out each of the following activi5 ties: 

6 ‘‘(1) To implement a college-preparatory cur7 riculum for all students in a high school served by 

8 the eligible local educational agency under this part 

9 (and for students with disabilities in accordance with 

10 the individualized education program of the student) 

11 that is, at a minimum, aligned with a rigorous sec12 ondary school program of study. 

13 ‘‘(2) To implement accelerated academic catch14 up programs, for students who enter high school not 

15 meeting proficient levels of academic achievement in 

16 mathematics, reading or language arts, or science, 

17 that enable such students to meet the proficient lev18 els of achievement and remain on track to graduate 

19 from high school on time with a regular high school 

20 diploma. 

21 ‘‘(3) To implement an early warning system to 

22 quickly identify students at risk of dropping out of 

23 high school, including systems that track student ab24 senteeism. 


ccoleman on PROD1PC71 with BILLS
180 

•S 1775 IS

1 ‘‘(4) To implement a system of student and 

2 classroom progress monitoring, which may include 

3 the adoption and use of diagnostic or formative as4 sessments that— 

5 ‘‘(A) measure student academic progress in 

6 the core academic areas; and 

7 ‘‘(B) may identify areas in which students 

8 need additional academic assistance and sup9 port. 

10 ‘‘(5) To implement a comprehensive college 

11 guidance program that— 

12 ‘‘(A) will ensure that all students in a high 

13 school served by the eligible local educational 

14 agency under this part, and their parents, are 

15 regularly notified throughout the students’ time 

16 in high school, of high school graduation re17 quirements and entrance requirements for insti18 tutions of higher education; and 

19 ‘‘(B) provides guidance and assistance to 

20 students in applying to an institution of higher 

21 education and in applying for Federal financial 

22 aid assistance and other State, local, and pri23 vate financial aid assistance and scholarships. 

24 ‘‘(6) To implement a program that offers, to 

25 students in a high school served by the eligible local 


ccoleman on PROD1PC71 with BILLS
181 

•S 1775 IS

1 educational agency under this part, opportunities for 

2 work-based and experiential learning experiences, 

3 such as job shadowing, internships, and community 

4 service. 

5 ‘‘(7) To implement a program that ensures that 

6 all students in a high school served by the eligible 

7 local educational agency under this part, have access 

8 to enroll in courses in which the students may earn 

9 postsecondary credit for courses taken while in high 

10 school, such as a dual credit course, or an Advanced 

11 Placement or International Baccalaureate course. 

12 ‘‘(8) To implement a program of student ad13 visement in which all students in a high school 

14 served by the eligible local educational agency under 

15 this part are assigned and have regular meetings 

16 with an academic teacher advisor. 

17 ‘‘(9) To implement a program of teacher profes18 sional development and institutional leadership that 

19 includes use of diagnostic and formative assessments 

20 to identify student and teacher needs, to assess 

21 classroom practice, and to improve classroom in22 struction. 

23 ‘‘(e) APPLICATIONS.— 

24 ‘‘(1) ELIGIBLE ENTITY.—Each eligible entity 

25 desiring a grant under this part shall submit an apVerDate Aug 31 2005 04:05 Jul 14, 2007 Jkt 059200 PO 00000 Frm 00181 Fmt 6652 Sfmt 6201 E:\BILLS\S1775.IS S1775

ccoleman on PROD1PC71 with BILLS
182 

•S 1775 IS

1 plication to the Secretary at such time and in such 

2 manner as the Secretary may require. Each applica3 tion shall— 

4 ‘‘(A) include a description of how sub5 grants made by the eligible entity under this 

6 part will meet the requirements described in 

7 subsection (d); 

8 ‘‘(B) include a description of the peer re9 view process the eligible entity shall use to 

10 evaluate applications from eligible local edu11 cational agencies; 

12 ‘‘(C) contain an assurance that the eligible 

13 entity, and any eligible local educational agen14 cies receiving a subgrant from that eligible enti15 ty, will, if requested, participate in the inde16 pendent evaluation under section 1806(1); 

17 ‘‘(D) describe how the eligible entity will 

18 use grant funds received under this section; 

19 ‘‘(E) describe how the eligible entity will 

20 assist eligible local educational agencies that re21 ceive planning grant funds or subgrant funds 

22 under this part in securing any necessary waiv23 ers from the State educational agency that may 

24 be required to carry out the requirements of 

25 this part, such as waivers with respect to budgVerDate Aug 31 2005 04:05 Jul 14, 2007 Jkt 059200 PO 00000 Frm 00182 Fmt 6652 Sfmt 6201 E:\BILLS\S1775.IS S1775

ccoleman on PROD1PC71 with BILLS
183 

•S 1775 IS

1 eting, school structure, staffing, and flexible use 

2 of resources and time; and 

3 ‘‘(F) describe how the eligible entity will 

4 assess and evaluate, on a regular basis, eligible 

5 local educational agency activities carried out 

6 under this part, including regularly evaluating 

7 the academic rigor of courses at high schools in 

8 the State that receive funding under this part. 

9 ‘‘(2) ELIGIBLE LOCAL EDUCATIONAL AGEN10 CY.—Each eligible local educational agency desiring 

11 a subgrant under this part shall submit an applica12 tion to the eligible entity at such time and in such 

13 manner as the eligible entity may require. Each ap14 plication shall— 

15 ‘‘(A) include a description of each high 

16 school that will receive funding from the eligible 

17 local educational agency under this part, includ18 ing such high school graduation, academic 

19 achievement, demographic, and socioeconomic 

20 data as the eligible entity may request; 

21 ‘‘(B) contain an assurance that academic 

22 tests for admission purposes will not be used to 

23 determine student enrollment in each such high 

24 school; 


ccoleman on PROD1PC71 with BILLS
184 

•S 1775 IS

1 ‘‘(C) contain a description of specific out2 reach and recruitment efforts for students to 

3 enroll at each such high school that will be un4 dertaken for student populations historically 

5 underrepresented at institutions of higher edu6 cation; 

7 ‘‘(D) contain an assurance that a college8 preparatory curriculum will be offered to all 

9 students at each such high school (and to stu10 dents with disabilities in accordance with the 

11 individualized education program of the stu12 dent), that is, at a minimum, aligned with a 

13 rigorous secondary school program of study; 

14 ‘‘(E) include a comprehensive description 

15 of how the curriculum at each such high school 

16 will be developed, structured, and delivered; 

17 ‘‘(F) include clearly delineated benchmarks 

18 for improved student academic achievement, 

19 high school graduation rates, and college-going 

20 rates at each such high school; 

21 ‘‘(G) include a description of assessments 

22 that will be used at each such high school, in23 cluding assessments for school accountability 

24 purposes and student progress monitoring pur25 poses; 


ccoleman on PROD1PC71 with BILLS
185 

•S 1775 IS

1 ‘‘(H) contain a comprehensive plan for 

2 professional development at each such high 

3 school that includes intended changes in teach4 ing practices that will result in improved stu5 dent academic achievement, high school gradua6 tion rates, and college-going rates; 

7 ‘‘(I) include a detailed description of work8 based and experiential learning experiences that 

9 will be offered to students at each such high 

10 school, such as job shadowing, internships, and 

11 community service; 

12 ‘‘(J) contain an assurance that all students 

13 at each such high school will be assigned and 

14 have regular access to an academic teacher ad15 visor; 

16 ‘‘(K) contain an assurance that the eligible 

17 local educational agency will grant each such 

18 high school any necessary waivers from local 

19 educational agency policies and rules that may 

20 be required to carry out the requirements of 

21 this part, such as waivers with respect to budg22 eting, school structure, staffing, and flexible use 

23 of resources and time; 

24 ‘‘(L) include a plan that details how pro25 grams assisted under this part will be sustained 


ccoleman on PROD1PC71 with BILLS
186 

•S 1775 IS

1 after the end of subgrant funding under this 

2 part; 

3 ‘‘(M) in the case of dual credit courses and 

4 early college high schools, contain formal agree5 ments between the eligible local educational 

6 agency and institutions of higher education that 

7 detail shared responsibility for each such high 

8 school and students at the high school; 

9 ‘‘(N) include a description of how teachers 

10 will be selected for each such high school; 

11 ‘‘(O) include a detailed plan of the college 

12 awareness program at each such high school 

13 that addresses applying for admission to an in14 stitution of higher education and applying for 

15 financial aid; and 

16 ‘‘(P) contain an assurance that the eligible 

17 local educational agency will report to the eligi18 ble entity all data necessary for the eligible en19 tity’s report under section 1805. 

20 ‘‘(f) MATCHING REQUIREMENT.— 

21 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

22 each eligible entity that receives a grant under this 

23 part shall provide, toward the cost of the activities 

24 assisted under the grant and from non-Federal 


ccoleman on PROD1PC71 with BILLS
187 

•S 1775 IS

1 sources, an amount equal to 100 percent of the 

2 amount of the grant. 

3 ‘‘(2) WAIVER.—The Secretary may waive all or 

4 part of the matching requirement described in para5 graph (1) for any fiscal year for an eligible entity if 

6 the Secretary determines that applying the matching 

7 requirement to such eligible entity would result in 

8 serious hardship or an inability to carry out the au9 thorized activities described in subsection (c). 

10 ‘‘(3) SUPPLEMENT NOT SUPPLANT.—Grant 

11 funds provided under this part shall be used to sup12 plement, not supplant, other Federal and State 

13 funds available to carry out the activities described 

14 in subsection (d). 

15 ‘‘SEC. 1805. REPORTING AND ACCOUNTABILITY. 

16 ‘‘(a) COLLECTION OF DATA.—Each eligible entity re17 ceiving a grant under this part shall collect and report 

18 annually to the Secretary such information on the results 

19 of the activities assisted under the grant as the Secretary 

20 may reasonably require, including information on— 

21 ‘‘(1) the number and percentage of students in 

22 the State who are assisted under this part and grad23 uate from high school on time with a regular high 

24 school diploma; 


ccoleman on PROD1PC71 with BILLS
188 

•S 1775 IS

1 ‘‘(2) the number and percentage of students, at 

2 each grade level, in the State who are assisted under 

3 this part and meet or exceed State reading or lan4 guage arts, mathematics, or science standards, as 

5 measured by State academic assessments required 

6 under section 1111(b)(3); 

7 ‘‘(3) the number and percentage of students, at 

8 each grade level, in the State who are assisted under 

9 this part and are on track to graduate from high 

10 school on time and with a regular high school di11 ploma; 

12 ‘‘(4) the number and percentage of students in 

13 the State who are assisted under this part and par14 ticipate in work-based and experiential learning ex15 periences, such as job shadowing, internships, com16 munity service, and descriptive information on the 

17 types of experiences in which such students partici18 pated; 

19 ‘‘(5) the number and percentage of students, in 

20 grades 11 and 12, in the State who are assisted 

21 under this part and enrolled in not less than 2 

22 courses that are dual credit courses or Advanced 

23 Placement or International Baccalaureate courses; 

24 ‘‘(6) the number and percentage of students in 

25 the State who are assisted under this part and reVerDate Aug 31 2005 04:05 Jul 14, 2007 Jkt 059200 PO 00000 Frm 00188 Fmt 6652 Sfmt 6201 E:\BILLS\S1775.IS S1775

ccoleman on PROD1PC71 with BILLS
189 

•S 1775 IS

1 ceive a passing grade or higher for a dual credit 

2 course, or an Advanced Placement or International 

3 Baccalaureate course; 

4 ‘‘(7) the number and percentage of students in 

5 the State who are assisted under this part and apply 

6 to an institution of higher education while still in 

7 high school; 

8 ‘‘(8) the number and percentage of students in 

9 the State who are assisted under this part and are 

10 accepted to an institution of higher education while 

11 still in high school; 

12 ‘‘(9) the number and percentage of students in 

13 the State who are assisted under this part and enroll 

14 in an institution of higher education in the school 

15 year immediately following the students’ high school 

16 graduation; 

17 ‘‘(10) the number and percentage of students in 

18 the State who are assisted under this part and en19 rolled in remedial mathematics or English courses 

20 during their freshman year at an institution of high21 er education; 

22 ‘‘(11) the number and percentage of students, 

23 in grade 10, in the State who are assisted under this 

24 part and take the PSAT; and 


ccoleman on PROD1PC71 with BILLS
190 

•S 1775 IS

1 ‘‘(12) the number and percentage of students, 

2 in grades 11 and 12, in the State who are assisted 

3 under this part and take the SAT or ACT, and the 

4 students’ mean scores on such assessments. 

5 ‘‘(b) REPORTING OF DATA.—Each eligible entity re6 ceiving a grant under this section shall report the informa7 tion required under subsection (a) disaggregated in the 

8 same manner as information is disaggregated under sec9 tion 1111(h)(1)(C)(i). 

10 ‘‘SEC. 1806. EVALUATION AND REPORT. 

11 ‘‘From the amount appropriated for any fiscal year 

12 under section 1002(h), the Secretary may reserve not 

13 more than a total of 1 percent— 

14 ‘‘(1) to conduct an independent evaluation, by 

15 grant or by contract, of the program carried out 

16 under this part, which shall include an assessment 

17 of the impact of the program on high school gradua18 tion rates, college-going rates, and student academic 

19 achievement; and 

20 ‘‘(2) to prepare and submit a report on the re21 sults of the evaluation described in paragraph (1) to 

22 the authorizing committees.’’. 


ccoleman on PROD1PC71 with BILLS
191 

•S 1775 IS

1 PART I—GENERAL PROVISIONS 

2 SEC. 1901. LOCAL EDUCATIONAL AGENCY SPENDING AU3 DITS. 

4 Section 1904(b) (20 U.S.C.6574(b)) is amended by 

5 striking ‘‘the Workforce’’ and inserting ‘‘Labor’’. 

6 SEC. 1902. STATE REPORT ON DROPOUT DATA. 

7 Section 1907 (20 U.S.C. 6577) is amended by strik8 ing ‘‘Not later than 1 year after a’’ and inserting ‘‘Each 

9 year that a’’. 

10 SEC. 1903. REGULATIONS FOR SECTIONS 1111 AND 1116. 

11 Section 1908 (20 U.S.C. 6578) is amended by strik12 ing ‘‘No Child Left Behind Act of 2001’’ and inserting 

13 ‘‘No Child Left Behind Act of 2007’’. 

14 TITLE II—PREPARING, TRAIN15 ING, AND RECRUITING HIGH 

16 QUALITY TEACHERS AND 

17 PRINCIPALS 

18 PART A—TEACHER AND PRINCIPAL TRAINING 

19 AND RECRUITING FUND 

20 SEC. 2101. PURPOSE. 

21 Section 2101 (20 U.S.C. 6601) is amended— 

22 (1) in paragraph (1)— 

23 (A) by striking ‘‘through strategies such 

24 as’’ and inserting ‘‘by’’; and 

25 (B) by striking ‘‘and’’ after the semicolon; 


ccoleman on PROD1PC71 with BILLS
192 

•S 1775 IS

1 (2) by redesignating paragraph (2) as para2 graph (3); and 

3 (3) by inserting after paragraph (1) the fol4 lowing: 

5 ‘‘(2) ensure that low-income and minority chil6 dren are not taught by unqualified teachers at high7 er rates than such children’s more advantaged peers; 

8 and’’. 

9 SEC. 2102. AUTHORIZATIONS OF APPROPRIATIONS. 

10 Section 2103 (20 U.S.C. 6603) is amended— 

11 (1) in subsection (a), by striking ‘‘2002’’ and 

12 inserting ‘‘2008’’; and 

13 (2) in subsection (b), by striking ‘‘2002’’ and 

14 inserting ‘‘2008’’. 

15 SEC. 2103. STATE APPLICATIONS AND NEEDS ASSESSMENT. 

16 Section 2112 (20 U.S.C. 6612) is amended— 

17 (1) by amending the section heading to read as 

18 follows: 

19 ‘‘SEC. 2112. STATE APPLICATIONS AND NEEDS ASSESS20 MENT.’’; 

21 (2) by redesignating subsections (c) through (g) 

22 as subsections (d) through (h), respectively; 

23 (3) in subsection (b), by striking paragraphs 

24 (1) through (12) and inserting the following: 


ccoleman on PROD1PC71 with BILLS
193 

•S 1775 IS

1 ‘‘(1) A description of how the activities to be 

2 carried out by the State educational agency under 

3 this subpart will respond to the State’s teacher qual4 ity needs assessment conducted under subsection (c). 

5 ‘‘(2) A description of how the State educational 

6 agency will use funds under this part to improve the 

7 quality of the State’s teachers and principals to en8 sure that low-income and minority students are not 

9 taught by unqualified teachers at higher rates than 

10 such children’s more affluent peers. 

11 ‘‘(3) A description of— 

12 ‘‘(A) the State educational agency’s annual 

13 measurable objectives under section 1119(a)(2); 

14 ‘‘(B) how the State educational agency will 

15 use funds under this part to meet the teacher 

16 and paraprofessional requirements of section 

17 1119; 

18 ‘‘(C) how the State educational agency will 

19 hold local educational agencies accountable for 

20 meeting the annual measurable objectives de21 scribed in section 1119(a)(2); and 

22 ‘‘(D) how the State educational agency will 

23 assist local educational agencies in meeting 

24 such objectives. 


ccoleman on PROD1PC71 with BILLS
194 

•S 1775 IS

1 ‘‘(4) A description of how the State educational 

2 agency will ensure that the professional development 

3 needs of teachers (including teacher mentoring) will 

4 be met using funds under this subpart and subpart 

5 2. 

6 ‘‘(5)(A) A description of how the State edu7 cational agency will coordinate professional develop8 ment activities authorized under this part with pro9 fessional development activities provided under other 

10 Federal, State, and local programs. 

11 ‘‘(B) A description of the comprehensive strat12 egy that the State educational agency will use, as 

13 part of such coordination effort, to ensure that 

14 teachers are trained in the use of technology so that 

15 technology and applications of technology are effec16 tively used in the classroom to improve teaching and 

17 learning in all curricula and academic subjects, as 

18 appropriate. 

19 ‘‘(6) A description of how the State educational 

20 agency will encourage the development of proven, in21 novative strategies to deliver intensive professional 

22 development programs that are both cost-effective 

23 and easily accessible (especially for teachers in rural 

24 areas), such as strategies that involve delivery 


ccoleman on PROD1PC71 with BILLS
195 

•S 1775 IS

1 through the use of technology, peer networks, and 

2 distance learning. 

3 ‘‘(7)(A) A description of how the State edu4 cational agency will ensure compliance with the re5 quirements for professional development activities 

6 described in section 9101 and how the activities to 

7 be carried out under the grant will be developed col8 laboratively and based on the input of teachers, 

9 principals, parents, administrators, paraprofes10 sionals, and other school personnel. 

11 ‘‘(B) In the case of a State in which the State 

12 educational agency is not the entity responsible for 

13 teacher professional standards, certification, and li14 censing, an assurance that the State activities car15 ried out under this subpart are carried out in con16 junction with the entity responsible for such stand17 ards, certification, and licensing under State law. 

18 ‘‘(8) A description of how the activities to be 

19 carried out by the State educational agency under 

20 this subpart will be based on a review of scientif21 ically based research and an explanation of why the 

22 activities are expected to improve the quality of the 

23 teachers and to raise student academic achievement. 

24 ‘‘(9) A description of how the State educational 

25 agency will ensure that activities assisted under this 


ccoleman on PROD1PC71 with BILLS
196 

•S 1775 IS

1 subpart are aligned with challenging State academic 

2 content and student academic achievement stand3 ards, State assessments, and State and local cur4 ricula. 

5 ‘‘(10) A description of how the State edu6 cational agency will ensure that a local educational 

7 agency receiving a subgrant to carry out subpart 2 

8 will comply with the requirements of such subpart. 

9 ‘‘(11) In the case of a State that has a charter 

10 school law that exempts teachers from State certifi11 cation and licensing requirements, the specific por12 tion of the State law that provides for the exemp13 tion. 

14 ‘‘(12) An assurance that the State educational 

15 agency will comply with section 9501 (regarding par16 ticipation by private school children and teachers).’’; 

17 (4) by inserting after subsection (b) the fol18 lowing: 

19 ‘‘(c) NEEDS ASSESSMENT.— 

20 ‘‘(1) IN GENERAL.—For a State to be eligible 

21 to receive a grant under this part, not later than 18 

22 months after the date of enactment of the No Child 

23 Left Behind Act of 2007, the State educational 

24 agency shall conduct and make public a statewide 

25 needs assessment to determine which local eduVerDate Aug 31 2005 04:05 Jul 14, 2007 Jkt 059200 PO 00000 Frm 00196 Fmt 6652 Sfmt 6201 E:\BILLS\S1775.IS S1775

ccoleman on PROD1PC71 with BILLS
197 

•S 1775 IS

1 cational agencies within the State have the most 

2 acute teacher quality and staffing needs. 

3 ‘‘(2) ASSESSMENT ELEMENTS.—In conducting 

4 the needs assessment described in paragraph (1), a 

5 State educational agency shall— 

6 ‘‘(A) analyze and report on local edu7 cational agencies within the State with the 

8 highest percentages of— 

9 ‘‘(i) first-year teachers; 

10 ‘‘(ii) first and second-year teachers; 

11 ‘‘(iii) teacher attrition rates averaged 

12 over the most recent 3 years for which 

13 data are available; 

14 ‘‘(iv) teachers teaching with emer15 gency credentials or under waivers of State 

16 certification or licensure requirements; and 

17 ‘‘(v) classes taught by teachers who 

18 are not highly qualified; and 

19 ‘‘(B) analyze and report on, for schools 

20 within the State identified for school improve21 ment or restructuring under section 1116(b), 

22 the data elements described in clauses (i) 

23 through (v) of subparagraph (A), including a 

24 comparison of such elements between schools 


ccoleman on PROD1PC71 with BILLS
198 

•S 1775 IS

1 identified for improvement or restructuring as 

2 compared to schools not so identified. 

3 ‘‘(3) APPLICATION UPDATE AND REPORT.— 

4 ‘‘(A) APPLICATION UPDATE.—Not later 

5 than 2 years after the date of enactment of the 

6 No Child Left Behind Act of 2007, a State edu7 cational agency shall update the application the 

8 agency submitted pursuant to subsection (a)— 

9 ‘‘(i) to describe how the State will use 

10 State funds under section 2113 to address 

11 the needs of local educational agencies 

12 identified by the needs assessment con13 ducted under paragraph (1), including spe14 cific programs and assistance the State 

15 will provide to such local educational agen16 cies; and 

17 ‘‘(ii) to include specific, measurable 

18 goals for improving the distribution of 

19 highly qualified teachers, novice teachers, 

20 teachers with emergency credentials, and 

21 teacher retention rates among high and 

22 low-poverty schools and high and low-pov23 erty local educational agencies. 

24 ‘‘(B) REPORT.—Not later than 1 year 

25 after a State educational agency updates the 


ccoleman on PROD1PC71 with BILLS
199 

•S 1775 IS

1 agency’s application as required by subpara2 graph (A), and each year thereafter for the pe3 riod of the grant, the agency shall submit to the 

4 Secretary a report on the progress made in 

5 meeting the goals established under subpara6 graph (A)(ii).’’; 

7 (5) in subsection (g), as redesignated by para8 graph (2)— 

9 (A) by striking ‘‘(e)(2)’’ each place the 

10 term appears and inserting ‘‘(f)(2)’’; and 

11 (B) in paragraph (2), by striking ‘‘(c)’’ 

12 and inserting ‘‘(d)’’; and 

13 (6) in subsection (h), as redesignated by para14 graph (2), by striking ‘‘(e)(2)’’ and inserting 

15 ‘‘(f)(2)’’. 

16 SEC. 2104. STATE USE OF FUNDS. 

17 Section 2113(c) (20 U.S.C. 6613(c)) is amended— 

18 (1) by striking paragraphs (5) through (18); 

19 (2) by redesignating paragraphs (2) through 

20 (4) as paragraphs (3) through (5), respectively; 

21 (3) in the matter preceding subparagraph (A)(i) 

22 of paragraph (1), by striking ‘‘(including recertifi23 cation) or licensing requirements’’ and inserting 

24 ‘‘and recertification, licensing requirements, or ten25 ure systems’’; 


ccoleman on PROD1PC71 with BILLS
200 

•S 1775 IS

1 (4) by inserting after paragraph (1) the fol2 lowing: 

3 ‘‘(2) Funding projects to promote reciprocity of 

4 teacher and principal certification or licensing be5 tween or among States, except that no reciprocity 

6 agreement developed under this paragraph or devel7 oped using funds provided under this part may lead 

8 to the weakening of any State teaching certification 

9 or licensing requirement.’’; 

10 (5) in paragraph (4), as redesignated by para11 graph (2), by striking ‘‘the areas of mathematics 

12 and science’’ and inserting ‘‘high need subjects and 

13 areas such as mathematics, science, special edu14 cation, and language instruction for limited English 

15 proficient students’’; 

16 (6) by adding at the end the following: 

17 ‘‘(6) Developing, or assisting local educational 

18 agencies in developing— 

19 ‘‘(A) merit or performance-based pay sys20 tems; and 

21 ‘‘(B) strategies that provide differential, 

22 incentive, and bonus pay for teachers in high23 need academic subjects, such as reading, math24 ematics, science, and special education and 

25 teachers in high-poverty schools and districts. 


ccoleman on PROD1PC71 with BILLS
201 

•S 1775 IS

1 ‘‘(7) Developing, or assisting local educational 

2 agencies in developing, teacher advancement initia3 tives that promote professional growth and empha4 size multiple career paths (such as paths to becom5 ing a career teacher, mentor teacher, or exemplary 

6 teacher) and pay differentiation. 

7 ‘‘(8) Providing professional development for 

8 teachers and principals and, in cases in which a 

9 State educational agency determines support to be 

10 appropriate, supporting the participation of pupil 

11 services personnel in the same type of professional 

12 development activities as are made available to 

13 teachers and principals, to ensure that teachers and 

14 principals are able to use challenging State academic 

15 content standards and student academic achieve16 ment standards, and State assessments, to improve 

17 instructional practices and improve student academic 

18 achievement. 

19 ‘‘(9) Developing— 

20 ‘‘(A) systems to measure the effectiveness 

21 of specific professional development programs; 

22 and 

23 ‘‘(B) strategies to document gains in stu24 dent academic achievement or increases in 


ccoleman on PROD1PC71 with BILLS
202 

•S 1775 IS

1 teacher mastery of the academic subjects the 

2 teachers teach. 

3 ‘‘(10) Providing assistance to teachers to enable 

4 them to meet certification, licensing, or other re5 quirements needed to be highly qualified. 

6 ‘‘(11) Providing technical assistance to local 

7 educational agencies to improve the programs fund8 ed under this part by such agencies. 

9 ‘‘(12) Encouraging and supporting the training 

10 of teachers and administrators to effectively inte11 grate technology into curricula and instruction, in12 cluding training to improve the ability to collect, 

13 manage, and analyze data to improve teaching, deci14 sionmaking, school improvement efforts, and ac15 countability.’’. 

16 SEC. 2105. LOCAL APPLICATIONS AND NEEDS ASSESSMENT. 

17 Section 2122 (20 U.S.C. 6622) is amended— 

18 (1) in subsection (b)— 

19 (A) in paragraph (2), by striking ‘‘, meas20 urable, and positive impact on student academic 

21 achievement’’ and inserting ‘‘impact on student 

22 achievement that is measurable by student aca23 demic growth’’; 

24 (B) in paragraph (3)— 


ccoleman on PROD1PC71 with BILLS
203 

•S 1775 IS

1 (i) in subparagraph (A), by inserting 

2 ‘‘and’’ after the semicolon; 

3 (ii) by striking subparagraph (B); 

4 (iii) by redesignating subparagraph 

5 (C) as subparagraph (B); and 

6 (iv) in subparagraph (B), as redesig7 nated by clause (iii)— 

8 (I) by inserting ‘‘academic alert,’’ 

9 after ‘‘are identified for’’; and 

10 (II) by inserting ‘‘, or restruc11 turing’’ after ‘‘school improvement’’; 

12 (2) in subsection (c)— 

13 (A) by redesignating paragraph (2) as 

14 paragraph (4); 

15 (B) by striking paragraph (1) and insert16 ing the following: 

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

18 subgrant under this subpart, a local educational 

19 agency shall, not later than 18 months after the 

20 date of enactment of the No Child Left Behind Act 

21 of 2007, conduct an assessment of local needs for 

22 professional development and hiring to determine 

23 which schools served by the local educational agency 

24 have the most acute teacher quality and staffing 

25 needs. 


ccoleman on PROD1PC71 with BILLS
204 

•S 1775 IS

1 ‘‘(2) ASSESSMENT ELEMENTS.—In conducting 

2 the needs assessment described in paragraph (1), a 

3 local educational agency shall— 

4 ‘‘(A) analyze and report on schools served 

5 by the local educational agency with the highest 

6 percentages of— 

7 ‘‘(i) first-year teachers; 

8 ‘‘(ii) first and second-year teachers; 

9 ‘‘(iii) teacher attrition rates averaged 

10 over the most recent 3 years for which 

11 data are available; 

12 ‘‘(iv) teachers teaching with emer13 gency credentials or under waivers of State 

14 certification or licensure requirements; and 

15 ‘‘(v) classes taught by teachers who 

16 are not highly qualified; and 

17 ‘‘(B) analyze and report on, for schools 

18 identified for school improvement or restruc19 turing under section 1116(b), the data elements 

20 described in clauses (i) through (v) of subpara21 graph (A), including a comparison of such ele22 ments between schools identified for improve23 ment and restructuring as compared to schools 

24 not so identified. 

25 ‘‘(3) APPLICATION UPDATE AND REPORT.— 


ccoleman on PROD1PC71 with BILLS
205 

•S 1775 IS

1 ‘‘(A) APPLICATION UPDATE.—Not later 

2 than 2 years after the date of enactment of the 

3 No Child Left Behind Act of 2007, a local edu4 cational agency shall update the application the 

5 agency submitted pursuant to subsection (a)— 

6 ‘‘(i) to describe how the local edu7 cational agency will use funds provided 

8 under section 2121 to address the needs of 

9 schools served by the local educational 

10 agency identified by the assessment con11 ducted under paragraph (1), including spe12 cific programs and assistance the local 

13 educational agency will provide to schools; 

14 and 

15 ‘‘(ii) to include specific, measurable 

16 goals for improving the distribution of 

17 highly qualified teachers, novice teachers, 

18 teachers with emergency credentials, and 

19 teacher retention rates among high and 

20 low-poverty schools. 

21 ‘‘(B) REPORT.—Not later than 1 year 

22 after a local educational agency updates the 

23 agency’s application as required by subpara24 graph (A), and each year thereafter for the pe25 riod of the grant, the local educational agency 


ccoleman on PROD1PC71 with BILLS
206 

•S 1775 IS

1 shall submit to the State educational agency a 

2 report on the progress made in meeting the 

3 goals established under subparagraph (A)(ii).’’. 

4 SEC. 2106. LOCAL USE OF FUNDS. 

5 Section 2123(a) is amended— 

6 (1) by striking paragraph (2) and inserting the 

7 following: 

8 ‘‘(2) Developing and implementing initiatives to 

9 assist in recruiting, hiring, and retaining highly 

10 qualified teachers and principals, particularly in low11 income schools with high percentages of unqualified 

12 teachers and high percentages of students not meet13 ing the proficient level of academic achievement on 

14 the State academic assessments described in 

15 1111(b)(3), including initiatives that— 

16 ‘‘(A) provide scholarships, signing bonuses, 

17 or other financial incentives, such as differen18 tial, bonus, and incentive pay, for teachers to 

19 teach— 

20 ‘‘(i) in high-need academic subjects 

21 and instructional areas, such as mathe22 matics, science, critical foreign languages, 

23 special education, and instruction for lim24 ited English proficient students, in which 

25 there exists a shortage of highly qualified 


ccoleman on PROD1PC71 with BILLS
207 

•S 1775 IS

1 teachers within a school or within the local 

2 educational agency; and 

3 ‘‘(ii) in schools in which there exists a 

4 shortage of highly qualified teachers; 

5 ‘‘(B) provide incentives, including merit or 

6 performance-based pay systems, to teachers and 

7 principals who have a record of success in im8 proving the academic achievement of all stu9 dents and assisting all students meet or exceed 

10 the proficient level on State academic assess11 ments, but particularly students from economi12 cally disadvantaged families, students from ra13 cial and ethnic minority groups, students with 

14 disabilities, and limited English proficient stu15 dents; 

16 ‘‘(C) establish programs that— 

17 ‘‘(i) train and hire highly qualified 

18 regular and special education teachers 

19 (which may include hiring special edu20 cation teachers to team-teach in classrooms 

21 that contain both children with disabilities 

22 and nondisabled children); 

23 ‘‘(ii) train and hire highly qualified 

24 teachers of special needs children, such as 

25 limited English proficient students, as well 


ccoleman on PROD1PC71 with BILLS
208 

•S 1775 IS

1 as teaching specialists in core academic 

2 subjects, who will provide increased indi3 vidualized instruction to students; 

4 ‘‘(iii) recruit qualified professionals 

5 from other fields, including highly qualified 

6 paraprofessionals, and provide such profes7 sionals with alternative routes to teacher 

8 certification or licensure, including— 

9 ‘‘(I) developing and implementing 

10 hiring policies that ensure comprehen11 sive recruitment efforts as a way to 

12 expand the applicant pool, such as 

13 through identifying teachers certified 

14 or licensed through alternative routes; 

15 and 

16 ‘‘(II) using a system of intensive 

17 screening designed to hire the most 

18 qualified applicants; and 

19 ‘‘(iv) provide increased opportunities 

20 for minorities, individuals with disabilities, 

21 and other groups underrepresented in the 

22 teaching profession; 

23 ‘‘(D) provide teacher mentoring from ex24 emplary teachers, principals, or superintend25 ents; or 


ccoleman on PROD1PC71 with BILLS
209 

•S 1775 IS

1 ‘‘(E) provide induction and support for 

2 teachers and principals during their first 3 

3 years of employment as teachers or principals, 

4 respectively.’’; 

5 (2) in paragraph (3)(B)(v), by inserting ‘‘in6 struction and’’ after ‘‘classroom’’; 

7 (3) by striking paragraphs (4) and (10); 

8 (4) by redesignating paragraphs (5) through 

9 (8) as paragraphs (4) through (7), respectively; and 

10 (5) in paragraph (4), as redesignated by para11 graph (4)— 

12 (A) in subparagraph (C), by inserting 

13 ‘‘and’’ after the semicolon; 

14 (B) by striking subparagraph (D); and 

15 (C) by redesignating subparagraph (E) as 

16 subparagraph (D). 

17 SEC. 2107. DEFINITIONS. 

18 Section 2131(1)(B) (20 U.S.C. 6631(1)(B)) is 

19 amended by striking ‘‘a teacher organization, a principal 

20 organization,’’. 

21 SEC. 2108. NATIONAL ACTIVITIES OF DEMONSTRATED EF22 FECTIVENESS. 

23 Section 2151 (20 U.S.C. 6651) is amended— 

24 (1) by striking subsection (d); 


ccoleman on PROD1PC71 with BILLS
210 

•S 1775 IS

1 (2) by redesignating subsection (e) as sub2 section (d); and 

3 (3) by striking subsection (f). 

4 PART B—MATHEMATICS AND SCIENCE 

5 PARTNERSHIPS 

6 SEC. 2201. ALLOCATION OF FUNDS. 

7 Section 2202 (20 U.S.C. 6662) is amended— 

8 (1) in subsection (b)(2)(C), by inserting ‘‘on 

9 mathematics and science education programs that 

10 are effective in improving student academic achieve11 ment’’ after ‘‘research’’; 

12 (2) in subsection (d)(2)— 

13 (A) in the heading, by striking ‘‘NATIONAL

14 SCIENCE FOUNDATION’’ and inserting ‘‘CON15 SULTATION’’; and 

16 (B) by striking ‘‘with respect to the appro17 priate roles for the Department and the Foun18 dation’’; 

19 (3) in subsection (e)— 

20 (A) in paragraph (2)— 

21 (i) in subparagraph (B), by striking 

22 ‘‘and’’ after the semicolon; 

23 (ii) in subparagraph (C)(iii), by strik24 ing the period at the end and inserting ‘‘; 

25 and’’; and 


ccoleman on PROD1PC71 with BILLS
211 

•S 1775 IS

1 (iii) by adding at the end the fol2 lowing: 

3 ‘‘(D) shall describe how the activities sup4 ported under this part will be coordinated with 

5 other programs to improve mathematics and 

6 science achievement being implemented by the 

7 local educational agency that is a member of 

8 the partnership.’’; and 

9 (B) by adding at the end the following: 

10 ‘‘(3) REPORTS.—Each eligible partnership re11 ceiving a grant or subgrant under this part shall re12 port annually to the Secretary regarding the eligible 

13 partnership’s progress in meeting the objectives de14 scribed in the accountability plan of the partnership 

15 under paragraph (1). 

16 ‘‘(4) REVOCATION OF GRANT.—If the Secretary 

17 determines than an eligible partnership is not mak18 ing substantial progress in meeting the objectives de19 scribed in the eligible partnership’s accountability 

20 plan under paragraph (1) by the end of the second 

21 year of the grant under this part, the Secretary shall 

22 not make a grant payment to the eligible partner23 ship for the third year of the grant.’’; and 

24 (4) by striking subsection (f) and inserting the 

25 following: 


ccoleman on PROD1PC71 with BILLS
212 

•S 1775 IS

1 ‘‘(f) REPORT TO CONGRESS.—The Secretary shall 

2 annually report to the appropriate committees of Congress 

3 on the effectiveness of programs supported under this part 

4 in improving student academic achievement in mathe5 matics and science.’’. 

6 SEC. 2202. AUTHORIZATION OF APPROPRIATIONS. 

7 Section 2203 (20 U.S.C. 6663) is amended by strik8 ing ‘‘fiscal year 2002’’ and inserting ‘‘fiscal year 2008’’. 

9 PART C—INNOVATION FOR TEACHER QUALITY 

10 SEC. 2301. DEFINITIONS. 

11 Section 2301 (20 U.S.C. 6671) is amended— 

12 (1) by redesignating paragraphs (2), (3), (4), 

13 and (5), as paragraphs (4), (5), (6), and (7), respec14 tively; 

15 (2) by inserting after paragraph (1) the fol16 lowing: 

17 ‘‘(2) HIGH-NEED LOCAL EDUCATIONAL AGEN18 CY.—The term ‘high-need local educational agency’ 

19 means a local educational agency— 

20 ‘‘(A) that serves not fewer than 10,000 

21 children from families with incomes below the 

22 poverty line; 

23 ‘‘(B) in which not less than 20 percent of 

24 the children served by the agency are children 


ccoleman on PROD1PC71 with BILLS
213 

•S 1775 IS

1 from families with incomes below the poverty 

2 line; or 

3 ‘‘(C) in which not less than 10 percent of 

4 the children served by the agency are children 

5 from families with incomes below the poverty 

6 line and that assigns all teachers funded under 

7 this chapter to a high-need school as defined in 

8 section 2304(d)(3) for the duration of such 

9 teachers’ service commitment under this chap10 ter. 

11 ‘‘(3) CHILDREN FROM FAMILIES WITH INCOMES

12 BELOW THE POVERTY LINE.—The term ‘children 

13 from families below the poverty line’ means children 

14 ages 5 through 17 from families with incomes below 

15 the poverty line.’’; and 

16 (3) in paragraph (7)(B), by striking ‘‘para17 graph (4)’’ and inserting ‘‘paragraph (6)’’. 

18 SEC. 2302. AUTHORIZATION OF TROOPS-TO-TEACHERS PRO19 GRAM. 

20 Section 2302(b) (20 U.S.C. 6672) is amended— 

21 (1) in paragraph (1), by striking ‘‘vocational or 

22 technical’’ and inserting ‘‘career and technical edu23 cation’’; and 

24 (2) in paragraph (2)— 

25 (A) in subparagraph (A)— 


ccoleman on PROD1PC71 with BILLS
214 

•S 1775 IS

1 (i) by striking ‘‘public’’; and 

2 (ii) by striking ‘‘vocational or tech3 nical’’ and inserting ‘‘career and technical 

4 education’’; and 

5 (B) in subparagraph (B), by striking ‘‘vo6 cational or technical’’ and inserting ‘‘career and 

7 technical education’’. 

8 SEC. 2303. RECRUITMENT AND SELECTION OR PROGRAM 

9 PARTICIPANTS. 

10 Section 2303 (20 U.S.C. 6673) is amended— 

11 (1) in subsection (a), by striking paragraph (4); 

12 (2) by striking subsection (b)(2) and inserting 

13 the following: 

14 ‘‘(2) TIME FOR SUBMISSION.—An application 

15 shall be considered to be submitted on a timely basis 

16 under paragraph (1) if, in the case of a member de17 scribed in paragraphs (1)(A), (2), or (3) of sub18 section (a), the application is submitted not later 

19 than 4 years after the date on which the member is 

20 retired or separated or released from active duty, 

21 whichever applies to the member.’’; 

22 (3) by striking subsection (c)(2)(B) and insert23 ing the following: 

24 ‘‘(B) CAREER AND TECHNICAL EDUCATION

25 TEACHER.—If a member of the Armed Forces 


ccoleman on PROD1PC71 with BILLS
215 

•S 1775 IS

1 described in paragraph (1), (2), or (3) of sub2 section (a) is applying for assistance for place3 ment as a career and technical education teach4 er, the Secretary shall require the member— 

5 ‘‘(i) to have the equivalent of 1 year 

6 of college from an accredited institution of 

7 higher education and have 6 or more years 

8 of military experience in a career and tech9 nical field; or 

10 ‘‘(ii) to otherwise meet the certifi11 cation or licensing requirements for a ca12 reer and technical education teacher in the 

13 State in which the member seeks assist14 ance for placement under the Program.’’; 

15 and 

16 (4) in subsection (d), by striking ‘‘vocational or 

17 technical’’ and inserting ‘‘career and technical edu18 cation’’. 

19 SEC. 2304. PARTICIPATION AGREEMENT AND FINANCIAL 

20 ASSISTANCE. 

21 Section 2304 (20 U.S.C. 6674) is amended— 

22 (1) in subsection (a)(1)— 

23 (A) in subparagraph (A)— 


ccoleman on PROD1PC71 with BILLS
216 

•S 1775 IS

1 (i) by striking ‘‘vocational or tech2 nical’’ and inserting ‘‘career and technical 

3 education’’; and 

4 (ii) by inserting ‘‘(if otherwise re5 quired by this Act to be highly qualified)’’ 

6 after ‘‘highly qualified teacher’’; and 

7 (B) in subparagraph (B)— 

8 (i) by striking ‘‘vocational or tech9 nical’’ and inserting ‘‘career and technical 

10 education’’; 

11 (ii) by striking ‘‘public’’; and 

12 (iii) by striking ‘‘, as such terms are 

13 defined in section 2101,’’; 

14 (2) in subsection (b)(5), by striking ‘‘vocational 

15 or technical’’ and inserting ‘‘career and technical 

16 education’’; 

17 (3) in subsection (d)— 

18 (A) in paragraph (1)— 

19 (i) by striking ‘‘vocational or tech20 nical’’ and inserting ‘‘career and technical 

21 education’’; and 

22 (ii) by inserting ‘‘(if otherwise re23 quired by this Act to be highly qualified)’’ 

24 after ‘‘highly qualified teacher’’; and 


ccoleman on PROD1PC71 with BILLS
217 

•S 1775 IS

1 (B) by striking paragraph (3)(A) and in2 serting the following: 

3 ‘‘(A) STUDENTS FROM LOW-INCOME FAMI4 LIES.—In the case of— 

5 ‘‘(i) an elementary school, not less 

6 than 50 percent of the students enrolled in 

7 the school were from low-income families 

8 (as described in section 2302(b)(2)(A)(i)); 

9 and 

10 ‘‘(ii) a secondary school, not less than 

11 30 percent of the students enrolled in the 

12 school were from low-income families (as 

13 described in section 2302(b)(2)(A)(i)).’’; 

14 and 

15 (4) in subsection (f)(1)— 

16 (A) in subparagraph (A), by striking ‘‘vo17 cational or technical’’ and inserting ‘‘career and 

18 technical education’’; and 

19 (B) in subparagraph (B), by striking ‘‘vo20 cational or technical’’ and inserting ‘‘career and 

21 technical education’’. 

22 SEC. 2305. PARTICIPATION BY STATES. 

23 Section 2305(b)(1) (20 U.S.C. 6675(b)(1)) is amend24 ed by striking ‘‘vocational or technical’’ and inserting ‘‘ca25 reer and technical education’’. 


ccoleman on PROD1PC71 with BILLS
218 

•S 1775 IS

1 SEC. 2306. SUPPORT OF INNOVATIVE PRERETIREMENT 

2 TEACHER CERTIFICATION PROGRAMS. 

3 Section 2306 (20 U.S.C. 6676) is amended— 

4 (1) in subsection (b), by striking ‘‘vocational or 

5 technical’’ and inserting ‘‘career and technical edu6 cation’’; and 

7 (2) in subsection (c)(3), by striking ‘‘vocational 

8 or technical’’ and inserting ‘‘career and technical 

9 education’’. 

10 SEC. 2307. REPORTING REQUIREMENTS. 

11 The Act (20 U.S.C. 6301 et seq.) is amended by 

12 striking section 2307. 

13 SEC. 2308. TRANSITION TO TEACHING GRANT PROGRAM. 

14 Section 2313 (20 U.S.C. 6683) is amended— 

15 (1) by striking subsection (c); 

16 (2) by redesignating subsections (d), (e), (f), 

17 (g), (h), (i), (j), and (k), as subsections (c), (d), (e), 

18 (f), (g), (h), (i), and (j), respectively; 

19 (3) in subsection (f)(2)(A), as redesignated by 

20 paragraph (2)— 

21 (A) by inserting ‘‘recruiting and’’ after 

22 ‘‘effective in’’; and 

23 (B) by striking ‘‘$5,000’’ and inserting 

24 ‘‘$10,000’’; and 

25 (4) in subsection (h), as redesignated by para26 graph (2), by striking ‘‘3’’ and inserting ‘‘2’’. 


ccoleman on PROD1PC71 with BILLS
219 

•S 1775 IS

1 SEC. 2309. GENERAL PROVISIONS AUTHORIZATION OF AP2 PROPRIATIONS. 

3 Section 2321 (20 U.S.C. 6691) is amended by strik4 ing ‘‘2002’’ both places such term appears and inserting 

5 ‘‘2008’’. 

6 SEC. 2310. NATIONAL WRITING PROJECT. 

7 Section 2332(h) (20 U.S.C. 6702(h)) is amended by 

8 striking ‘‘2002’’ and inserting ‘‘2008’’. 

9 SEC. 2311. CIVIC EDUCATION GENERAL AUTHORITY. 

10 Section 2343(a)(3) (20 U.S.C. 6713(a)(3)) is amend11 ed— 

12 (1) in subsection (a)(3)— 

13 (A) by striking ‘‘education and’’ and in14 serting ‘‘education or’’; and 

15 (B) by inserting ‘‘or economic education’’ 

16 after ‘‘civic education’’; and 

17 (2) in subsection (b)(1), by striking ‘‘2346’’ 

18 and inserting ‘‘2347’’. 

19 SEC. 2312. WE THE PEOPLE PROGRAM. 

20 Section 2344 (20 U.S.C. 6714) is amended— 

21 (1) in subsection (a)(1)(B)— 

22 (A) by redesignating clauses (ii) and (iii) 

23 as clauses (iii) and (iv), respectively; and 

24 (B) by inserting after clause (i) the fol25 lowing: 


ccoleman on PROD1PC71 with BILLS
220 

•S 1775 IS

1 ‘‘(ii) to implement a comprehensive 

2 program to improve public knowledge, un3 derstanding, and support of American 

4 democratic institutions;’’; and 

5 (2) in subsection (b)(1)(A)(iii)— 

6 (A) by inserting ‘‘and high’’ after ‘‘mid7 dle’’; and 

8 (B) by striking ‘‘level’’ and inserting ‘‘lev9 els’’. 

10 SEC. 2313. CLOSE UP FELLOWSHIP PROGRAM. 

11 The Act (20 U.S.C. 6301 et seq.) is amended— 

12 (1) by redesignating section 2346 as section 

13 2347; 

14 (2) by inserting after section 2345 the fol15 lowing: 

16 ‘‘SEC. 2346. CLOSE UP FELLOWSHIP PROGRAM. 

17 ‘‘(a) PROGRAM FOR MIDDLE SCHOOL AND SEC18 ONDARY SCHOOL STUDENTS.— 

19 ‘‘(1) ESTABLISHMENT.— 

20 ‘‘(A) GENERAL AUTHORITY.—In accord21 ance with this subsection, the Secretary may 

22 make grants to the Close Up Foundation of 

23 Washington, District of Columbia, a non24 partisan, nonprofit foundation, for the purpose 

25 of assisting the Close Up Foundation in carVerDate Aug 31 2005 17:54 Jul 14, 2007 Jkt 059200 PO 00000 Frm 00220 Fmt 6652 Sfmt 6201 E:\BILLS\S1775.IS S1775

ccoleman on PROD1PC71 with BILLS
221 

•S 1775 IS

1 rying out its programs of increasing civic re2 sponsibility and understanding of the Federal 

3 Government among middle school and sec4 ondary school students. 

5 ‘‘(B) USE OF FUNDS.—Grants under this 

6 subsection shall be used only to provide finan7 cial assistance to economically disadvantaged 

8 students who participate in the programs de9 scribed in subparagraph (A). 

10 ‘‘(C) NAME OF FELLOWSHIPS.—Financial 

11 assistance received by students pursuant to this 

12 subsection shall be known as Close Up fellow13 ships. 

14 ‘‘(2) APPLICATIONS.— 

15 ‘‘(A) APPLICATION REQUIRED.—No grant 

16 under this subsection may be made except upon 

17 an application at such time, in such manner, 

18 and accompanied by such information as the 

19 Secretary may reasonably require. 

20 ‘‘(B) CONTENTS OF APPLICATION.—Each 

21 application submitted under this paragraph 

22 shall contain assurances that— 

23 ‘‘(i) Close Up fellowships provided 

24 under this subsection shall be made to ecoVerDate Aug 31 2005 04:05 Jul 14, 2007 Jkt 059200 PO 00000 Frm 00221 Fmt 6652 Sfmt 6201 E:\BILLS\S1775.IS S1775

ccoleman on PROD1PC71 with BILLS
222 

•S 1775 IS

1 nomically disadvantaged middle school and 

2 secondary school students; 

3 ‘‘(ii) every effort shall be made to en4 sure the participation of students from 

5 rural, small town, and urban areas; 

6 ‘‘(iii) in awarding the fellowships to 

7 economically disadvantaged students, spe8 cial consideration shall be given to the par9 ticipation of those students with special 

10 educational needs, including students with 

11 disabilities, ethnic minority students, and 

12 students with migrant parents; and 

13 ‘‘(iv) the funds received under this 

14 subsection shall be properly disbursed. 

15 ‘‘(b) PROGRAM FOR MIDDLE SCHOOL AND SEC16 ONDARY SCHOOL TEACHERS.— 

17 ‘‘(1) ESTABLISHMENT.— 

18 ‘‘(A) GENERAL AUTHORITY.—In accord19 ance with this subsection, the Secretary may 

20 make grants to the Close Up Foundation of 

21 Washington, District of Columbia, a non22 partisan, nonprofit foundation, for the purpose 

23 of assisting the Close Up Foundation in car24 rying out its programs of professional develop25 ment for middle school and secondary school 


ccoleman on PROD1PC71 with BILLS
223 

•S 1775 IS

1 teachers and its programs to increase civic re2 sponsibility and understanding of the Federal 

3 Government among the teachers’ students. 

4 ‘‘(B) USE OF FUNDS.—Grants under this 

5 subsection shall be used only to provide finan6 cial assistance to teachers who participate in 

7 the programs described in subparagraph (A). 

8 ‘‘(C) NAME OF FELLOWSHIPS.—Financial 

9 assistance received by teachers pursuant to this 

10 subsection shall be known as Close Up fellow11 ships. 

12 ‘‘(2) APPLICATIONS.— 

13 ‘‘(A) APPLICATION REQUIRED.—No grant 

14 under this subsection may be made except upon 

15 an application at such time, in such manner, 

16 and accompanied by such information as the 

17 Secretary may reasonably require. 

18 ‘‘(B) CONTENTS OF APPLICATION.—Each 

19 application submitted under this paragraph 

20 shall contain assurances that— 

21 ‘‘(i) Close Up fellowships provided 

22 under this subsection shall be made only to 

23 a teacher who has worked with at least one 

24 student from such teacher’s school who 


ccoleman on PROD1PC71 with BILLS
224 

•S 1775 IS

1 participates in a program described in sub2 section (a)(1)(A); 

3 ‘‘(ii) no teacher shall receive more 

4 than one such fellowship in any fiscal year; 

5 and 

6 ‘‘(iii) the funds received under this 

7 subsection shall be properly disbursed. 

8 ‘‘(c) PROGRAMS FOR NEW AMERICANS.— 

9 ‘‘(1) ESTABLISHMENT.— 

10 ‘‘(A) GENERAL AUTHORITY.—In accord11 ance with this subsection, the Secretary may 

12 make grants to the Close Up Foundation of 

13 Washington, District of Columbia, a non14 partisan, nonprofit foundation, for the purpose 

15 of assisting the Close Up Foundation in car16 rying out its programs of increasing civic re17 sponsibility and understanding of the Federal 

18 Government among economically disadvantaged 

19 middle school and secondary school recent im20 migrant students. 

21 ‘‘(B) DEFINITION.—In this subsection, the 

22 term ‘recent immigrant student’ means a stu23 dent who is a member of a family that immi24 grated to the United States within 5 years of 

25 the student’s participation in such a program. 


ccoleman on PROD1PC71 with BILLS
225 

•S 1775 IS

1 ‘‘(C) USE OF FUNDS.—Grants under this 

2 subsection shall be used only to provide finan3 cial assistance to economically disadvantaged 

4 recent immigrant students and their teachers 

5 who participate in the programs described in 

6 subparagraph (A). 

7 ‘‘(D) NAME OF FELLOWSHIPS.—Financial 

8 assistance received by students and teachers 

9 pursuant to this subsection shall be known as 

10 Close Up Fellowships for New Americans. 

11 ‘‘(2) APPLICATIONS.— 

12 ‘‘(A) APPLICATION REQUIRED.—No grant 

13 under this subsection may be made except upon 

14 an application at such time, in such manner, 

15 and accompanied by such information as the 

16 Secretary may reasonably require. 

17 ‘‘(B) CONTENTS OF APPLICATION.—Each 

18 application submitted under this paragraph 

19 shall contain assurances that— 

20 ‘‘(i) Close Up Fellowships for New 

21 Americans shall be made to economically 

22 disadvantaged middle school and secondary 

23 school recent immigrant students; 

24 ‘‘(ii) every effort shall be made to en25 sure the participation of recent immigrant 


ccoleman on PROD1PC71 with BILLS
226 

•S 1775 IS

1 students from rural, small town, and urban 

2 areas; 

3 ‘‘(iii) in awarding the fellowships to 

4 economically disadvantaged recent immi5 grant students, special consideration shall 

6 be given to the participation of those stu7 dents with special educational needs, in8 cluding students with disabilities, students 

9 with migrant parents, and ethnic minority 

10 students; 

11 ‘‘(iv) fully describe the activities to be 

12 carried out with the proceeds of the grant 

13 made under paragraph (1); and 

14 ‘‘(v) the funds received under this 

15 subsection shall be properly disbursed. 

16 ‘‘(d) GENERAL ADMINISTRATIVE PROVISIONS.— 

17 ‘‘(1) ACCOUNTABILITY.—In consultation with 

18 the Secretary, the Close Up Foundation shall devise 

19 and implement procedures to measure the efficacy of 

20 the programs authorized in subsections (a), (b), and 

21 (c) in attaining objectives that include the following: 

22 ‘‘(A) Providing young people with an in23 creased understanding of the Federal Govern24 ment. 


ccoleman on PROD1PC71 with BILLS
227 

•S 1775 IS

1 ‘‘(B) Heightening a sense of civic responsi2 bility among young people. 

3 ‘‘(C) Enhancing the skills of educators in 

4 teaching young people about civic responsibility, 

5 the Federal Government, and attaining citizen6 ship competencies. 

7 ‘‘(2) GENERAL RULE.—Payments under this 

8 section may be made in installments, in advance, or 

9 by way of reimbursement, with necessary adjust10 ments on account of underpayments or overpay11 ments. 

12 ‘‘(3) AUDIT RULE.—The Comptroller General 

13 of the United States or any of the Comptroller Gen14 eral’s duly authorized representatives shall have ac15 cess for the purpose of audit and examination to any 

16 books, documents, papers, and records that are per17 tinent to any grant under this section.’’; and 

18 (3) by striking section 2347, as redesignated by 

19 paragraph (1), and inserting the following: 

20 ‘‘SEC. 2347. AUTHORIZATION OF APPROPRIATIONS. 

21 ‘‘(a) SECTIONS 2344 AND 2345.—For the purpose of 

22 carrying out sections 2344 and 2345, there are authorized 

23 to be appropriated $30,000,000 for fiscal year 2008 and 

24 such sums as may be necessary for each of the 5 suc25 ceeding fiscal years. 


ccoleman on PROD1PC71 with BILLS
228 

•S 1775 IS

1 ‘‘(b) SECTION 2346.— 

2 ‘‘(1) IN GENERAL.—For the purpose of car3 rying out section 2346, there are authorized to be 

4 appropriated such sums as may be necessary for fis5 cal year 2008 and each of the 5 succeeding fiscal 

6 years. 

7 ‘‘(2) SPECIAL RULE.—Of the funds appro8 priated pursuant to paragraph (1), not more than 

9 30 percent may be used for teachers associated with 

10 students participating in the programs described in 

11 subsections (a)(1), (b)(1), and (c)(1) of section 

12 2346.’’. 

13 SEC. 2314. TEACHING OF TRADITIONAL AMERICAN HIS14 TORY. 

15 Section 2351 (20 U.S.C. 6721) is amended— 

16 (1) in subsection (a), in the matter preceding 

17 paragraph (1), by inserting ‘‘, State educational 

18 agencies, institutions of higher education, and non19 profit organizations’’ after ‘‘local educational agen20 cies’’; 

21 (2) in subsection (b)— 

22 (A) by redesignating paragraphs (1), (2), 

23 and (3), as subparagraphs (A), (B), and (C), 

24 respectively; 


ccoleman on PROD1PC71 with BILLS
229 

•S 1775 IS

1 (B) by striking ‘‘PARTNERSHIP.—A local’’ 

2 and inserting the following: ‘‘PARTNERSHIP.—’’ 

3 ‘‘(1) LOCAL EDUCATIONAL AGENCY.—A local’’; 

4 and 

5 (C) by adding at the end the following: 

6 ‘‘(2) STATE EDUCATIONAL AGENCIES, INSTITU7 TIONS OF HIGHER EDUCATION, NONPROFIT ORGANI8 ZATIONS.—A State educational agency, institution of 

9 higher education, or nonprofit organization that re10 ceives a grant under subsection (a) shall carry out 

11 activities under the grant in partnership with 1 or 

12 more local educational agencies.’’; and 

13 (3) in subsection (c)— 

14 (A) by striking ‘‘eligible to receive an’’ and 

15 inserting ‘‘considered for a’’; and 

16 (B) by inserting ‘‘, State educational agen17 cy, institution of higher education, or nonprofit 

18 organization,’’ after ‘‘local educational agency’’. 

19 SEC. 2315. APPROPRIATIONS FOR TEACHING OF TRADI20 TIONAL AMERICAN HISTORY. 

21 Section 2352 (20 U.S.C. 6722) is amended to read 

22 as follows: 

23 ‘‘SEC. 2352. AUTHORIZATION OF APPROPRIATIONS. 

24 ‘‘(a) IN GENERAL.—There are authorized to be ap25 propriated to carry out this subpart such sums as may 


ccoleman on PROD1PC71 with BILLS
230 

•S 1775 IS

1 be necessary for fiscal year 2008 and each of the 5 suc2 ceeding fiscal years. 

3 ‘‘(b) RESERVATION.—The Secretary may reserve not 

4 more than 3 percent of the funds appropriated for any 

5 fiscal year under this subpart for national research, devel6 opment, dissemination, technical assistance, and evalua7 tion.’’. 

8 SEC. 2316. TEACHER INCENTIVE FUND PROGRAM; ADJUNCT 

9 TEACHER CORPS. 

10 Part C of title II (20 U.S.C. 6671 et seq.) is amended 

11 by adding at the end the following: 

12 ‘‘Subpart 6—Teacher Incentive Fund Program 

13 ‘‘SEC. 2371. PURPOSES; DEFINITIONS. 

14 ‘‘(a) PURPOSES.—The purposes of this subpart are— 

15 ‘‘(1) to assist States, local educational agencies, 

16 and nonprofit organizations to develop, implement, 

17 improve, or expand comprehensive performance18 based compensation systems for teachers and prin19 cipals, especially for teachers and principals in high20 need schools, who raise student academic achieve21 ment and close the achievement gap; and 

22 ‘‘(2) to study and review performance-based 

23 compensation systems for teachers and principals to 

24 evaluate their effectiveness, fairness, quality, consist25 ency, and reliability. 


ccoleman on PROD1PC71 with BILLS
231 

•S 1775 IS

1 ‘‘(b) DEFINITIONS.—In this subpart: 

2 ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible en3 tity’ means— 

4 ‘‘(A) a local educational agency (including 

5 a charter school that is a local educational 

6 agency) or a consortium of such agencies; 

7 ‘‘(B) a State educational agency, or other 

8 State agency designated by the chief executive 

9 of the State to participate under this subpart; 

10 or 

11 ‘‘(C) a partnership of— 

12 ‘‘(i) one or more agencies described in 

13 subparagraph (A) or (B), or both; and 

14 ‘‘(ii) not less than 1 nonprofit or for15 profit organization. 

16 ‘‘(2) HIGH-NEED LOCAL EDUCATIONAL AGEN17 CY.—The term ‘high-need local educational agency’ 

18 has the meaning given the term in section 2102. 

19 ‘‘(3) HIGH-NEED SCHOOL.—The term ‘high20 need school’ has the meaning given the term in sec21 tion 2312. 

22 ‘‘(4) PERFORMANCE-BASED COMPENSATION

23 SYSTEM.—The term ‘performance-based compensa24 tion system’ means a system of compensation for 

25 teachers and principals that— 


ccoleman on PROD1PC71 with BILLS
232 

•S 1775 IS

1 ‘‘(A) differentiates levels of compensation 

2 primarily on the basis of measurable increases 

3 in student academic achievement; and 

4 ‘‘(B) may include— 

5 ‘‘(i) differentiated levels of compensa6 tion on the basis of high-quality teachers’ 

7 and principals’ employment and success in 

8 hard-to-staff schools or high-need subject 

9 areas; and 

10 ‘‘(ii) recognition of the skills and 

11 knowledge of teachers and principals as 

12 demonstrated through— 

13 ‘‘(I) successful fulfillment of ad14 ditional responsibilities or job func15 tions; and 

16 ‘‘(II) evidence of high achieve17 ment, mastery of content knowledge, 

18 and superior teaching skills. 

19 ‘‘SEC. 2372. TEACHER INCENTIVE FUND GRANTS. 

20 ‘‘(a) IN GENERAL.—From the amounts appropriated 

21 to carry out this subpart, the Secretary is authorized to 

22 make grants on a competitive basis to eligible entities to 

23 develop, implement, improve, or expand performance24 based compensation systems in participating schools. 


ccoleman on PROD1PC71 with BILLS
233 

•S 1775 IS

1 ‘‘(b) PRIORITY.—In making grants under subsection 

2 (a), the Secretary shall give priority to an eligible entity 

3 that concentrates its proposed activities on teachers and 

4 principals serving in high-need schools. 

5 ‘‘(c) APPLICATIONS.—To be eligible to receive a grant 

6 under this subpart, an eligible entity shall submit an appli7 cation to the Secretary, at such time and in such manner 

8 as the Secretary may reasonably require, that includes— 

9 ‘‘(1) a description of the performance-based 

10 compensation system that the applicant proposes to 

11 develop and implement, improve, or expand; 

12 ‘‘(2) a description and evidence of the support 

13 and commitment from teachers and principals in the 

14 targeted schools, the community, and local edu15 cational agency for the performance-based com16 pensation system, including demonstration of con17 sultation with teachers and principals on the devel18 opment and implementation of the performance19 based compensation system; 

20 ‘‘(3) a description of how the eligible entity will 

21 develop and implement a fair, rigorous, and objective 

22 process to evaluate teacher, principal, and student 

23 performance, including the baseline performance 

24 against which evaluations of improved performance 

25 will be made; 


ccoleman on PROD1PC71 with BILLS
234 

•S 1775 IS

1 ‘‘(4) a description of the local educational agen2 cy and the schools to be served by the project, in3 cluding such student academic achievement, demo4 graphic, and socioeconomic data as the Secretary 

5 may request; 

6 ‘‘(5) a description of the quality of current 

7 teachers and principals in the local educational agen8 cy and the schools to be served by the project and 

9 how the project will increase the quality of teachers 

10 and principals in high-need schools; 

11 ‘‘(6) a description of how the applicant will use 

12 grant funds under this subpart in each year of the 

13 grant; 

14 ‘‘(7) a description, if applicable, of how the ap15 plicant will define the term ‘high-quality’ for the 

16 purposes of section 2371(b)(4)(B)(i), through the 

17 use of measurable indicators; and 

18 ‘‘(8) a description of the State, local, or other 

19 public or private funds that will be used to supple20 ment the grant and sustain the applicant’s perform21 ance-based compensation system at the end of the 

22 grant period. 

23 ‘‘(d) USE OF FUNDS.— 

24 ‘‘(1) IN GENERAL.—An eligible entity that re25 ceives a grant under this section shall use grant 


ccoleman on PROD1PC71 with BILLS
235 

•S 1775 IS

1 funds provided under this subpart to develop, imple2 ment, or improve, in collaboration with teachers, 

3 principals, other school administrators, and members 

4 of the public, a performance-based compensation 

5 system consistent with the requirements of this sub6 part. 

7 ‘‘(2) AUTHORIZED ACTIVITIES.—Authorized ac8 tivities under this subpart include the following: 

9 ‘‘(A) Developing appraisal systems that re10 flect clear and fair measures of teacher and 

11 principal performance based on demonstrated 

12 improvements in student academic achievement. 

13 ‘‘(B) Conducting outreach within the local 

14 educational agency or the State to gain input 

15 on how to construct the appraisal system and to 

16 develop support for it. 

17 ‘‘(C) Paying, as part of a comprehensive 

18 performance-based compensation system, bo19 nuses and increased salaries, so long as the 

20 grantee uses an increasing share of non-Federal 

21 funds to pay these monetary awards each year 

22 of the grant, to— 

23 ‘‘(i) teachers and principals who raise 

24 student academic achievement; 


ccoleman on PROD1PC71 with BILLS
236 

•S 1775 IS

1 ‘‘(ii) teachers who raise student aca2 demic achievement and either teach in 

3 high-need schools or teach subjects that 

4 are difficult to staff, or both; or 

5 ‘‘(iii) principals who both raise stu6 dent academic achievement and serve in 

7 high-need schools. 

8 ‘‘(e) DURATION OF GRANTS.— 

9 ‘‘(1) IN GENERAL.—The Secretary may make 

10 grants under this section for periods of not more 

11 than 5 years. 

12 ‘‘(2) LIMITATION.—An agency described in sec13 tion 2371(b)(1)(A) may receive (whether individually 

14 or as part of a consortium or partnership) a grant 

15 under this subpart only once. Such an agency may 

16 continue to receive such grant for the period of such 

17 grant, but shall not receive (whether individually or 

18 as part of a consortium or partnership) any other 

19 grant under this subpart. 

20 ‘‘(f) EQUITABLE DISTRIBUTION.—To the extent 

21 practicable, the Secretary shall ensure an equitable geo22 graphic distribution of grants under this section. 

23 ‘‘(g) MATCHING REQUIREMENT.— 

24 ‘‘(1) IN GENERAL.—Each eligible entity that re25 ceives a grant under this section shall provide, from 


ccoleman on PROD1PC71 with BILLS
237 

•S 1775 IS

1 non-Federal sources, an amount (which may be pro2 vided in cash or in kind) to carry out the activities 

3 supported by the grant equal to— 

4 ‘‘(A) for the first year of the grant, 25 per5 cent of the amount received for that year under 

6 the grant; 

7 ‘‘(B) for the second year, 30 percent of 

8 such amount; 

9 ‘‘(C) for the third year, 35 percent of such 

10 amount; 

11 ‘‘(D) for the fourth year, 40 percent of 

12 such amount; and 

13 ‘‘(E) for the fifth year, 50 percent of such 

14 amount. 

15 ‘‘(2) WAIVER.—The Secretary may waive all or 

16 part of the matching requirement described in para17 graph (1) for any fiscal year for an eligible entity 

18 described in section 2371(b)(1)(A) if that eligible en19 tity is a high-need local educational agency, a con20 sortium of high-need local educational agencies, or a 

21 charter school that is a high-need local educational 

22 agency and the Secretary determines that applying 

23 the matching requirement to such eligible entity 

24 would result in serious hardship or an inability to 

25 carry out the activities described in subsection (d). 


ccoleman on PROD1PC71 with BILLS
238 

•S 1775 IS

1 ‘‘(h) SUPPLEMENT, NOT SUPPLANT.—Grant funds 

2 provided under this section shall be used to supplement, 

3 not supplant, other Federal or State funds. 

4 ‘‘SEC. 2373. EVALUATION. 

5 ‘‘(a) IN GENERAL.—The Secretary shall, through 

6 grant or contract, carry out an independent evaluation of 

7 the program under this subpart. 

8 ‘‘(b) CONTENT.—The evaluation shall measure— 

9 ‘‘(1) the effectiveness of the program in improv10 ing student academic achievement; 

11 ‘‘(2) the satisfaction of the participating teach12 ers or principals; and 

13 ‘‘(3) the extent to which the program assisted 

14 the eligible entities in recruiting and retaining high15 quality teachers and principals, especially in hard-to16 staff subject areas. 

17 ‘‘SEC. 2374. AUTHORIZATION OF APPROPRIATIONS. 

18 ‘‘(a) IN GENERAL.—There are authorized to be ap19 propriated to carry out this subpart $200,000,000 for fis20 cal year 2008 and such sums as may be necessary for each 

21 of the succeeding 5 fiscal years. 

22 ‘‘(b) RESERVATION.—The Secretary may reserve not 

23 more than 3 percent of the funds appropriated to carry 

24 out this subpart for any 1 fiscal year for the cost of the 


ccoleman on PROD1PC71 with BILLS
239 

•S 1775 IS

1 evaluation under section 2373 and for technical assistance 

2 and program outreach. 

3 ‘‘Subpart 7—Adjunct Teacher Corps 

4 ‘‘SEC. 2381. PURPOSE; DEFINITIONS. 

5 ‘‘(a) PURPOSE.—The purpose of this subpart is to 

6 create opportunities for professionals and other individuals 

7 with subject-matter expertise to teach secondary-school 

8 courses in the core academic subjects, particularly mathe9 matics, science, and critical foreign languages, on an ad10 junct basis. 

11 ‘‘(b) DEFINITIONS.—In this subpart: 

12 ‘‘(1) ADJUNCT TEACHER.—The term ‘adjunct 

13 teacher’ means a teacher who— 

14 ‘‘(A) possesses, at a minimum, a bachelor’s 

15 degree; and 

16 ‘‘(B) has demonstrated expertise in the 

17 subject matter the teacher teaches by having 

18 met the requirements of section 

19 9101(23)(B)(ii). 

20 ‘‘(2) CRITICAL FOREIGN LANGUAGE.—The term 

21 ‘critical foreign language’ means a foreign language 

22 considered most critical to ensure future United 

23 States national security and economic prosperity, as 

24 determined by the Secretary. 


ccoleman on PROD1PC71 with BILLS
240 

•S 1775 IS

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

3 ‘‘(A) a local educational agency; 

4 ‘‘(B) a nonprofit or for-profit organization; 

5 or 

6 ‘‘(C) a partnership consisting of the enti7 ties described in subparagraphs (A) and (B). 

8 ‘‘(4) SECONDARY SCHOOL COURSE.—The term 

9 ‘secondary school course’ means a course in 1 of the 

10 core academic subjects (as that term is defined in 

11 section 9101(11)) provided to students in grades 6 

12 through 12. 

13 ‘‘SEC. 2382. PROGRAM AUTHORIZED. 

14 ‘‘(a) PROGRAM AUTHORIZED.—The Secretary shall 

15 award grants, on a competitive basis, to eligible entities 

16 to recruit, train, and place well-qualified individuals to 

17 serve as adjunct teachers in secondary-school courses in 

18 the core academic subjects. 

19 ‘‘(b) HIGHLY QUALIFIED.—Notwithstanding any 

20 other provision of law, for the purposes of this subpart, 

21 an adjunct teacher serving pursuant to this subpart shall 

22 be considered a highly qualified teacher. 

23 ‘‘(c) DURATION OF GRANTS.—The Secretary may 

24 award grants under this subpart for a period of not more 

25 than 5 years. 


ccoleman on PROD1PC71 with BILLS
241 

•S 1775 IS

1 ‘‘(d) PRIORITIES.—In awarding grants under this 

2 subpart, the Secretary shall give priority to eligible entities 

3 that propose to— 

4 ‘‘(1) serve local educational agencies that have 

5 a large number or percentage of students performing 

6 below grade level, including local educational agen7 cies that are not making adequate yearly progress 

8 under section 1111(b)(2); 

9 ‘‘(2) recruit, train, and provide schools adjunct 

10 teachers of mathematics, science, or critical foreign 

11 languages; and 

12 ‘‘(3) recruit adjunct teachers to serve in schools 

13 that have an insufficient number of teachers with 

14 demonstrated expertise in the subjects the adjunct 

15 teachers will teach. 

16 ‘‘(e) APPLICATION.—To be considered for a grant 

17 under this subpart, an eligible entity shall submit an appli18 cation to the Secretary at such time, in such manner, and 

19 containing such information as the Secretary may reason20 ably require, including— 

21 ‘‘(1) a description of the need for using adjunct 

22 teachers in the participating schools, which may in23 clude information on the difficulty participating 

24 schools face in recruiting qualified faculty and the 

25 achievement levels of students in those schools; 


ccoleman on PROD1PC71 with BILLS
242 

•S 1775 IS

1 ‘‘(2) the goals and objectives for the project, in2 cluding the number of adjunct teachers the eligible 

3 entity intends to place in classrooms; 

4 ‘‘(3) how the eligible entity will recruit qualified 

5 individuals and appropriate public and private insti6 tutions to participate in the program; 

7 ‘‘(4) the participating schools and grade levels 

8 at which, and the subjects in which, the eligible enti9 ty proposes to have the adjunct teachers teach; 

10 ‘‘(5) how the eligible entity will use funds re11 ceived under this subpart, including how the eligible 

12 entity will evaluate the success of its program; and 

13 ‘‘(6) how the eligible entity will ensure that low14 income students in participating schools and local 

15 educational agencies will, during the period of the 

16 grant, receive instruction in the core academic sub17 jects from a teacher with demonstrated subject-mat18 ter expertise in the subject taught. 

19 ‘‘(f) USE OF FUNDS.—Each eligible entity that re20 ceives a grant under this section shall use the grant funds 

21 only for 1 or more of the following: 

22 ‘‘(1) To develop the capacity of the local edu23 cational agency or the State educational agency, or 

24 both, to identify, recruit, and train qualified individ25 uals outside of the elementary and secondary eduVerDate Aug 31 2005 04:05 Jul 14, 2007 Jkt 059200 PO 00000 Frm 00242 Fmt 6652 Sfmt 6201 E:\BILLS\S1775.IS S1775

ccoleman on PROD1PC71 with BILLS
243 

•S 1775 IS

1 cation system (including individuals in business and 

2 government, and individuals who would participate 

3 through distance-learning arrangements) to become 

4 adjunct teachers. 

5 ‘‘(2) To provide financial incentives to adjunct 

6 teachers. 

7 ‘‘(3) To reimburse outside entities for the costs 

8 associated with allowing an employee to serve as an 

9 adjunct teacher, except that these costs shall not ex10 ceed the total cost of salary and benefits for teachers 

11 with comparable experience or expertise in the local 

12 educational agency. 

13 ‘‘(4) To collect and report such performance in14 formation as the Secretary may require, including 

15 information needed for the national evaluation con16 ducted under subsection (h). 

17 ‘‘(g) MATCHING REQUIREMENT.—Each eligible enti18 ty that receives a grant under this section shall provide 

19 matching funds, from non-Federal sources, in cash or in 

20 kind in an amount equal to 100 of the amount of the grant 

21 awarded under this section. 

22 ‘‘(h) NATIONAL EVALUATION.—From the amount 

23 made available for any fiscal year under section 2383, the 

24 Secretary may reserve not more than 3 percent for the 

25 cost to conduct an independent evaluation, by grant or by 


ccoleman on PROD1PC71 with BILLS
244 

•S 1775 IS

1 contract, of the adjunct teacher corps program carried out 

2 under this section, which shall include an assessment of 

3 the impact of the program on student academic achieve4 ment. 

5 ‘‘(i) PROGRAM PERFORMANCE.— 

6 ‘‘(1) IN GENERAL.—Each eligible entity receiv7 ing a grant under this section shall prepare and sub8 mit to the Secretary a final report on the results of 

9 the project that contains such information as the 

10 Secretary may require. At a minimum, the report 

11 shall include information on the academic achieve12 ment of students receiving instruction from an ad13 junct teacher. 

14 ‘‘(2) COMPARISON AND DISAGGREGATION.—The 

15 information required under this subsection shall 

16 be— 

17 ‘‘(A) reported in a manner that provides 

18 for a comparison of student achievement data 

19 prior to, during, and after implementation of 

20 the adjunct teacher corps program; and 

21 ‘‘(B) disaggregated by race, ethnicity, dis22 ability status, English proficiency, and status as 

23 economically disadvantaged, except that such 

24 disaggregation shall not be required in a case in 

25 which the number of students in a category is 


ccoleman on PROD1PC71 with BILLS
245 

•S 1775 IS

1 insufficient to yield statistically reliable infor2 mation or the result would reveal personally 

3 identifiable information about an individual stu4 dent. 

5 ‘‘SEC. 2383. AUTHORIZATION OF APPROPRIATIONS. 

6 ‘‘There are authorized to be appropriated to carry out 

7 this subpart $25,000,000 for fiscal year 2008 and such 

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

9 fiscal years.’’. 

10 PART D—ENHANCING EDUCATION THROUGH 

11 TECHNOLOGY 

12 SEC. 2401. AUTHORIZATION OF APPROPRIATIONS. 

13 Section 2404 (20 U.S.C. 6754) is amended— 

14 (1) in subsection (a), by striking ‘‘2002’’ and 

15 inserting ‘‘2008;’’ 

16 (2) in subsection (b)— 

17 (A) in paragraph (1), by striking ‘‘98’’ and 

18 inserting ‘‘99’’; and 

19 (B) in paragraph (2), by striking ‘‘2’’ and 

20 inserting ‘‘1’’; 

21 (3) by striking subsection (c); and 

22 (4) by redesignating subsection (d) as sub23 section (c). 

24 SEC. 2402. ALLOTMENT AND REALLOTMENT. 

25 Section 2411 (20 U.S.C. 6761) is amended— 


ccoleman on PROD1PC71 with BILLS
246 

•S 1775 IS

1 (1) in subsection (a)(1)— 

2 (A) in subparagraph (A), by striking ‘‘Bu3 reau of Indian Affairs;’’ and inserting ‘‘Depart4 ment of the Interior; and’’; 

5 (B) in subparagraph (B), by striking ‘‘; 

6 and’’ and inserting a period; and 

7 (C) by striking subparagraph (C); 

8 (2) in subsection (d), by striking ‘‘Bureau of 

9 Indian Affairs’’ and inserting ‘‘Department of the 

10 Interior’’. 

11 SEC. 2403. APPLICATIONS. 

12 Section 2413(b)(13) (20 U.S.C. 6763(b)(13)) is 

13 amended by striking ‘‘by December 31, 2006’’. 

14 SEC. 2404. LOCAL ACTIVITIES. 

15 Section 2416 (20 U.S.C. 6766) is amended— 

16 (1) by striking subsection (a); and 

17 (2) in subsection (b)— 

18 (A) by striking ‘‘(b) OTHER

19 ACTIVITIES.—’’ and all that follows through 

20 ‘‘the following:’’ and inserting the following: 

21 ‘‘A recipient of funds made available by a State edu22 cational agency under section 2412(a)(2) shall use such 

23 funds to carry out activities consistent with this subpart, 

24 which may include the following: 


ccoleman on PROD1PC71 with BILLS
247 

•S 1775 IS

1 ‘‘(1) Providing professional development in the 

2 integration of advanced technologies, including 

3 emerging technologies, into curricula and instruction 

4 and in using those technologies to create new learn5 ing environments, such as professional development 

6 in the use of technology— 

7 ‘‘(A) to access data and resources to de8 velop curricula and instructional materials; 

9 ‘‘(B) to enable teachers— 

10 ‘‘(i) to use the Internet and other 

11 technology to communicate with parents, 

12 other teachers, principals, and administra13 tors; and 

14 ‘‘(ii) to retrieve Internet-based learn15 ing resources; and 

16 ‘‘(C) to lead to improvements in classroom 

17 instruction in the core academic subjects, that 

18 effectively prepare students to meet challenging 

19 State academic content standards, including in20 creasing student technology literacy, and stu21 dent academic achievement standards.’’; and 

22 (B) by redesignating paragraphs (1) 

23 through (10), as paragraphs (2) through (11), 

24 respectively. 


ccoleman on PROD1PC71 with BILLS
248 

•S 1775 IS

1 SEC. 2405. NATIONAL TECHNOLOGY ACTIVITIES. 

2 Section 2421 (20 U.S.C. 6771) is amended— 

3 (1) by striking subsections (a) and (b); and 

4 (2) in subsection (c), by striking ‘‘TECHNICAL

5 ASSISTANCE.—’’. 

6 SEC. 2406. NATIONAL EDUCATION TECHNOLOGY PLAN. 

7 Section 2422(a) (20 U.S.C. 6772(a)) is amended by 

8 striking ‘‘2001’’ and inserting ‘‘2007’’. 

9 SEC. 2407. READY-TO-LEARN TELEVISION. 

10 Section 2431 (20 U.S.C. 6775) is amended— 

11 (1) in subsection (a)— 

12 (A) in paragraph (1)(E)(ii), by striking 

13 ‘‘Even Start providers,’’; 

14 (B) in paragraph (2), by striking ‘‘Even 

15 Start providers,’’; and 

16 (C) in paragraph (4)(B), by striking ‘‘and 

17 Even Start,’’; and 

18 (2) in subsection (e)(1), by striking ‘‘2002’’ and 

19 inserting ‘‘2008’’. 

20 TITLE III—LANGUAGE INSTRUC21 TION FOR LIMITED ENGLISH 

22 PROFICIENT AND IMMIGRANT 

23 CHILDREN 

24 SEC. 3101. AUTHORIZATION OF APPROPRIATIONS. 

25 Section 3001 (20 U.S.C. 6801 et seq.) is amended 

26 to read as follows: 


ccoleman on PROD1PC71 with BILLS
249 

•S 1775 IS

1 ‘‘SEC. 3001. AUTHORIZATION OF APPROPRIATIONS. 

2 ‘‘There are authorized to be appropriated to carry out 

3 this title $750,000,000 for fiscal year 2008 and such sums 

4 as may be necessary for each of the 5 succeeding fiscal 

5 years.’’. 

6 PART A—ENGLISH LANGUAGE ACQUISITION, 

7 LANGUAGE ENHANCEMENT, AND ACADEMIC 

8 ACHIEVEMENT ACT 

9 SEC. 3111. PURPOSES. 

10 Section 3102 (20 U.S.C. 6812) is amended— 

11 (1) by striking paragraph (7); and 

12 (2) by redesignating paragraphs (8) and (9) as 

13 paragraphs (7) and (8), respectively. 

14 Subpart 1—Grants and Subgrants for English 

15 Language Acquisition and Language Enhancement 

16 SEC. 3115. FORMULA GRANTS TO STATES. 

17 (a) IN GENERAL.—Section 3111 (20 U.S.C. 6821) 

18 is amended— 

19 (1) in subsection (b)(2)(A), by inserting ‘‘teach20 ers and other’’ after ‘‘that assist’’; and 

21 (2) in subsection (c)— 

22 (A) in paragraph (1)— 

23 (i) by striking ‘‘3001(a)’’ and insert24 ing ‘‘3001’’; 

25 (ii) in subparagraph (B), by inserting 

26 ‘‘and’’ after the semicolon at the end; 


ccoleman on PROD1PC71 with BILLS
250 

•S 1775 IS

1 (iii) in subparagraph (C)— 

2 (I) by striking ‘‘3303’’ both 

3 places such term appears and insert4 ing ‘‘3203’’; and 

5 (II) by striking ‘‘; and’’ and in6 serting a period; and 

7 (iv) by striking subparagraph (D); 

8 (B) by striking paragraph (2); 

9 (C) by redesignating paragraphs (3) and 

10 (4) as paragraphs (2) and (3), respectively; 

11 (D) in paragraph (2)(A), as redesignated 

12 by subparagraph (C), by striking ‘‘3001(a)’’ 

13 and inserting ‘‘3001’’; and 

14 (E) by striking paragraph (3), as redesig15 nated by subparagraph (C), and inserting the 

16 following: 

17 ‘‘(3) USE OF DATA FOR DETERMINATIONS.—In 

18 making State allotments under paragraph (2), for 

19 the purpose of determining the number of limited 

20 English proficient children in a State and in all 

21 States, and the number of immigrant children and 

22 youth in a State and in all States, for each fiscal 

23 year, the Secretary shall use the data available from 

24 the American Community Survey available from the 

25 Department of Commerce.’’. 


ccoleman on PROD1PC71 with BILLS
251 

•S 1775 IS

1 (b) CONFORMING AMENDMENTS.—Section 3114 (20 

2 U.S.C. 6824) is amended— 

3 (1) in subsection (a), by striking ‘‘3111(c)(3)’’ 

4 and inserting ‘‘3111(c)(2)’’; and 

5 (2) in subsection (d)(1), by striking 

6 ‘‘3111(c)(3)’’ and inserting ‘‘3111(c)(2)’’. 

7 SEC. 3116. SUBGRANTS TO ELIGIBLE ENTITIES. 

8 Section 3115(e)(1)(B) (20 U.S.C. 6825(e)(1)(B)) is 

9 amended by inserting ‘‘teachers and other’’ after ‘‘support 

10 for’’. 

11 SEC. 3117. LOCAL PLANS. 

12 Section 3116(d)(1) (20 U.S.C. 6826(d)(1)) is amend13 ed by striking ‘‘3302’’ and inserting ‘‘3202’’. 

14 Subpart 2—Accountability and Administration 

15 SEC. 3121. EVALUATIONS. 

16 Section 3121(c)(1) (20 U.S.C. 6841(c)(1)) is amend17 ed by inserting ‘‘number and’’ after ‘‘(including the’’. 

18 SEC. 3122. ACHIEVEMENT OBJECTIVES AND ACCOUNT19 ABILITY. 

20 Section 3122(a)(3) (20 U.S.C. 6842(a)(3)) is amend21 ed— 

22 (1) in subparagraph (A)— 

23 (A) in clause (i), by striking ‘‘or’’ and in24 serting ‘‘and’’; and 


ccoleman on PROD1PC71 with BILLS
252 

•S 1775 IS

1 (B) in clause (ii), by striking ‘‘or’’ and in2 serting ‘‘and’’; and 

3 (2) in subparagraph (B), by striking ‘‘number 

4 or’’ and inserting ‘‘number and’’. 

5 SEC. 3123. REPORTING REQUIREMENTS. 

6 Section 3123(b) (20 U.S.C. 6843(b)) is amended— 

7 (1) in the matter preceding paragraph (1), by 

8 striking ‘‘the Workforce’’ and inserting ‘‘Labor’’; 

9 and 

10 (2) in paragraph (5), by striking ‘‘, and an esti11 mate of the number of such teachers that will be 

12 needed for the succeeding 5 fiscal years’’. 

13 PART B—GENERAL PROVISIONS 

14 SEC. 3201. IMPROVING LANGUAGE INSTRUCTION EDU15 CATIONAL PROGRAMS. 

16 Part B of title III (20 U.S.C. 6891 et seq.) is re17 pealed. 

18 SEC. 3202. GENERAL PROVISIONS. 

19 Title III (20 U.S.C. 6801 et seq.) is amended— 

20 (1) by redesignating part C as part B; 

21 (2) by redesignating sections 3301, 3302, 3303, 

22 and 3304 as sections 3201, 3202, 3203, and 3204, 

23 respectively; and 

24 (3) in section 3201, as redesignated by para25 graph (2)— 


ccoleman on PROD1PC71 with BILLS
253 

•S 1775 IS

1 (A) by striking paragraphs (3), (4), (5), 

2 and (7); and 

3 (B) by redesignating paragraphs (6), (8), 

4 (9), (10), (11), (12), (13), (14), and (15), as 

5 paragraphs (3), (4), (5), (6), (7), (8), (9), (10), 

6 and (11), respectively. 

7 TITLE IV—21ST CENTURY 

8 SCHOOLS 

9 PART A—SAFE AND DRUG-FREE SCHOOLS AND 

10 COMMUNITIES 

11 SEC. 4101. SAFE AND DRUG-FREE SCHOOLS AND COMMU12 NITIES. 

13 Part A of title IV (20 U.S.C. 7101 et seq.) is amend14 ed— 

15 (1) by striking section 4002 and inserting the 

16 following: 

17 ‘‘SEC. 4002. PURPOSE. 

18 ‘‘The purpose of this part is to provide financial and 

19 technical assistance to State educational agencies, local 

20 educational agencies, and communities for programs that 

21 emphasize scientific research and best practices and— 

22 ‘‘(1) prevent violence and illegal use of alcohol, 

23 tobacco, and drugs; 


ccoleman on PROD1PC71 with BILLS
254 

•S 1775 IS

1 ‘‘(2) foster a safe, secure, healthy, and drug2 free learning environment that supports student 

3 achievement to high academic standards; and 

4 ‘‘(3) strengthen emergency-management plan5 ning.’’; 

6 (2) in section 4003, by striking ‘‘2002’’ both 

7 places such term appears and inserting ‘‘2008’’; 

8 (3) by striking section 4111(a)(2) and inserting 

9 the following: 

10 ‘‘(2) OTHER RESERVATIONS.—From the 

11 amount made available under section 4003(2) to 

12 carry out subpart 2 for each fiscal year, the Sec13 retary may reserve not more than $2,000,000 for 

14 the national impact evaluation required by section 

15 4122(a).’’; 

16 (4) in section 4112— 

17 (A) by striking subsection (b)(2) and in18 serting the following: 

19 ‘‘(2) STATE ADMINISTRATION COSTS.—A State 

20 educational agency may use not more than 3 percent 

21 of the amount made available to the State under 

22 section 4111(b) for each fiscal year less the amount 

23 reserved under subsection (a) of this section, for 

24 State educational agency administrative costs, in25 cluding the implementation of the uniform manageVerDate Aug 31 2005 04:05 Jul 14, 2007 Jkt 059200 PO 00000 Frm 00254 Fmt 6652 Sfmt 6201 E:\BILLS\S1775.IS S1775

ccoleman on PROD1PC71 with BILLS
255 

•S 1775 IS

1 ment information and reporting system as provided 

2 for under subsection (c)(3).’’; and 

3 (B) in subsection (c)— 

4 (i) in paragraph (2)(D)— 

5 (I) in clause (ii), by striking 

6 ‘‘and’’ after the semicolon; 

7 (II) in clause (iii), by striking the 

8 period at the end and inserting ‘‘; 

9 and’’; and 

10 (III) by adding at the end the 

11 following: 

12 ‘‘(iv) training, technical assistance, 

13 and financial assistance to prepare for, 

14 prevent, mitigate, respond to, and recover 

15 from violent or traumatic events or natural 

16 disasters and to restore the learning envi17 ronment in the event of a crisis or emer18 gency.’’; and 

19 (ii) in paragraph (3)(B)— 

20 (I) in the matter preceding clause 

21 (i), by striking ‘‘subparagraphs (A) 

22 and (B) of’’; 

23 (II) in clause (iii), by striking 

24 ‘‘and’’ after the semicolon; and 


ccoleman on PROD1PC71 with BILLS
256 

•S 1775 IS

1 (III) in clause (iv), by striking 

2 the period at the end and inserting ‘‘; 

3 and’’; 

4 ‘‘(v) the state of preparedness of 

5 schools to respond appropriately in the 

6 event of an emergency.’’; 

7 (5) in section 4113— 

8 (A) in subsection (a)— 

9 (i) in paragraph (3), by inserting ‘‘the 

10 head of the State agency for homeland se11 curity, the head of the State emergency12 management agency,’’ after ‘‘designees,’’; 

13 and 

14 (ii) in paragraph (9)— 

15 (I) by inserting ‘‘comprehensive’’ 

16 after ‘‘results of a’’; 

17 (II) by inserting ‘‘and school 

18 safety and security programs’’ after 

19 ‘‘violence prevention programs’’; 

20 (III) by striking ‘‘ongoing State 

21 evaluation activities, including data 

22 on’’ and inserting ‘‘objective data, 

23 which may include’’; and 

24 (IV) by striking subparagraph 

25 (D) and inserting the following: 


ccoleman on PROD1PC71 with BILLS
257 

•S 1775 IS

1 ‘‘(D) an inventory of the presence of 

2 threats to school safety and security from a va3 riety of potential hazards;’’; and 

4 (B) in subsection (b), by striking ‘‘2002’’ 

5 both places such term appears and inserting 

6 ‘‘2008’’; 

7 (6) in section 4114— 

8 (A) in subsection (c)(1)(A), by inserting 

9 ‘‘and emergency management planning’’ after 

10 ‘‘professionals)’’; and 

11 (B) in subsection (d)— 

12 (i) in paragraph (2), in the matter 

13 preceding subparagraph (A), by inserting 

14 ‘‘and school safety and security programs’’ 

15 after ‘‘violence prevention’’; and 

16 (ii) by striking paragraph (7)(D) and 

17 inserting the following: 

18 ‘‘(D) a crisis and emergency management 

19 plan for responding and recovering from crises 

20 arising from violent or traumatic events or nat21 ural disasters and for restoring the learning en22 vironment in the event of a crisis or emergency; 

23 and’’; 

24 (7) in section 4115— 

25 (A) in subsection (a)(1)— 


ccoleman on PROD1PC71 with BILLS
258 

•S 1775 IS

1 (i) by redesignating subparagraphs 

2 (C), (D), and (E), as subparagraphs (D), 

3 (E), and (F), respectively; 

4 (ii) by inserting after subparagraph 

5 (B) the following: 

6 ‘‘(C) be based on assessment of objective 

7 data regarding the state of preparedness of 

8 schools and communities to be served by the 

9 program to respond appropriately in the event 

10 of an emergency and an inventory of the pres11 ence of threats to school safety and security 

12 from potential hazards;’’; and 

13 (iii) by striking subparagraph (D) (as 

14 redesignated by clause (i)) and inserting 

15 the following: 

16 ‘‘(D) reflect, to the extent practicable, sci17 entifically based research, or in the absence of 

18 a strong research base, reflect best practices in 

19 the field;’’; and 

20 (B) in subsection (b)— 

21 (i) in paragraph (1)(C)— 

22 (I) in clause (i), by striking 

23 ‘‘and’’ after the semicolon; and 

24 (II) by adding at the end the fol25 lowing: 


ccoleman on PROD1PC71 with BILLS
259 

•S 1775 IS

1 ‘‘(iii) prepare for, prevent, mitigate, 

2 respond to, and recover from crises arising 

3 from violent or traumatic events and nat4 ural disasters and to restore the learning 

5 environment in the event of a crisis or 

6 emergency; and’’; and 

7 (ii) in paragraph (2)— 

8 (I) by redesignating subpara9 graph (F) as subparagraph (G); and 

10 (II) by inserting after subpara11 graph (E) the following: 

12 ‘‘(F) Activities for emergency management 

13 planning.’’; 

14 (8) in section 4116(a)(1), by striking ‘‘2003’’ 

15 and inserting ‘‘2009’’; 

16 (9) in section 4121(a)(5), by inserting ‘‘and 

17 emergency management planning activities’’ after 

18 ‘‘violence prevention programs’’; 

19 (10) in section 4122(c), by striking ‘‘2003’’ and 

20 inserting ‘‘2009’’; 

21 (11) by striking section 4130 ; and 

22 (12) by striking section 4155. 


ccoleman on PROD1PC71 with BILLS
260 

•S 1775 IS

1 PART B—21ST CENTURY COMMUNITY LEARNING 

2 CENTERS AND MENTORING PROGRAMS 

3 SEC. 4201. 21ST CENTURY COMMUNITY LEARNING CEN4 TERS. 

5 Part B of title IV (20 U.S.C. 7171 et seq.) is amend6 ed— 

7 (1) in the part heading, by inserting ‘‘AND 

8 MENTORING PROGRAMS’’ after ‘‘CEN9 TERS’’; 

10 (2) by inserting before section 4201 the fol11 lowing: 

12 ‘‘Subpart 1—21st Century Community Learning 

13 Centers’’; 

14 (3) in section 4201— 

15 (A) in subsection (a)— 

16 (i) by striking ‘‘part’’ and inserting 

17 ‘‘subpart’’; and 

18 (ii) in paragraph (1), by striking ‘‘and 

19 mathematics’’ and inserting ‘‘or language 

20 arts, mathematics, and science’’; and 

21 (B) in subsection (b)— 

22 (i) by striking ‘‘part’’ and inserting 

23 ‘‘subpart’’; 

24 (ii) in paragraph (1)(A), by striking 

25 ‘‘and mathematics’’ and inserting ‘‘or lan26 guage arts, mathematics, and science’’; 


ccoleman on PROD1PC71 with BILLS
261 

•S 1775 IS

1 (iii) by striking paragraph (2); and 

2 (iv) by redesignating paragraphs (3) 

3 and (4) as paragraphs (2) and (3), respec4 tively; 

5 (4) in section 4202— 

6 (A) in subsection (a)— 

7 (i) by striking ‘‘part’’ each place the 

8 term appears and inserting ‘‘subpart’’; 

9 (ii) by striking paragraph (1); 

10 (iii) by redesignating paragraphs (2) 

11 and (3) as paragraphs (1) and (2), respec12 tively; and 

13 (iv) in paragraph (2) (as redesignated 

14 by clause (iii)), by striking ‘‘Bureau of In15 dian Affairs’’ and inserting ‘‘Department 

16 of the Interior’’; 

17 (B) in subsection (b)(2), by striking ‘‘part’’ 

18 and inserting ‘‘subpart’’; and 

19 (C) in subsection (c)— 

20 (i) by striking ‘‘part’’ each place the 

21 term appears and inserting ‘‘subpart’’; and 

22 (ii) in paragraph (2), by inserting 

23 ‘‘(C)’’ before ‘‘supervising’’; 

24 (5) in section 4203— 


ccoleman on PROD1PC71 with BILLS
262 

•S 1775 IS

1 (A) in subsection (a), by striking ‘‘part’’ 

2 each place the term appears and inserting ‘‘sub3 part’’; 

4 (B) in subsection (b), by striking ‘‘part’’ 

5 and inserting ‘‘subpart’’; and 

6 (C) in subsection (d), by striking ‘‘this 

7 part’’ and inserting ‘‘this subpart’’; 

8 (6) in section 4204— 

9 (A) in subsection (a), by striking ‘‘part’’ 

10 both places the term appears and inserting 

11 ‘‘subpart’’; 

12 (B) in subsection (b), by striking ‘‘part’’ 

13 each place the term appears and inserting ‘‘sub14 part’’; 

15 (C) in subsection (c), by striking ‘‘part’’ 

16 and inserting ‘‘subpart’’; 

17 (D) in subsection (d), by striking ‘‘part’’ 

18 both places the term appears and inserting 

19 ‘‘subpart’’; 

20 (E) in subsection (f), by striking ‘‘part’’ 

21 and inserting ‘‘subpart’’; 

22 (F) in subsection (g), by striking ‘‘part’’ 

23 and inserting ‘‘subpart’’; 

24 (G) in subsection (h), by striking ‘‘part’’ 

25 and inserting ‘‘subpart’’; and 


ccoleman on PROD1PC71 with BILLS
263 

•S 1775 IS

1 (H) in subsection (i)— 

2 (i) by striking ‘‘this part’’ and insert3 ing ‘‘this subpart’’; 

4 (ii) in paragraph (1)(A), by striking 

5 ‘‘as in need of improvement’’ and inserting 

6 ‘‘for school improvement or restructuring’’; 

7 and 

8 (iii) by striking paragraph (1)(B)(ii) 

9 and inserting the following: 

10 ‘‘(ii) community-based organization or 

11 other public or private entity, including a 

12 provider of supplemental educational serv13 ices.’’; 

14 (7) in section 4205— 

15 (A) by striking ‘‘part’’ both places the 

16 term appears and inserting ‘‘subpart’’; and 

17 (B) by striking subsection (a)(2) and in18 serting the following: 

19 ‘‘(2) mathematics, science, and reading or lan20 guage arts activities;’’; and 

21 (8) in section 4206, by striking ‘‘to be’’ and all 

22 that follows through the period and inserting the fol23 lowing: ‘‘to be appropriated to carry out this sub24 part, $2,500,000,000 for fiscal year 2008 and such 


ccoleman on PROD1PC71 with BILLS
264 

•S 1775 IS

1 sums as may be necessary for each of the 5 suc2 ceeding fiscal years.’’. 

3 SEC. 4202. MENTORING PROGRAMS. 

4 Part B of title IV (20 U.S.C. 7171 et seq.), as 

5 amended by section 4201, is further amended by adding 

6 at the end the following: 

7 ‘‘Subpart 2—Mentoring Programs 

8 ‘‘SEC. 4221. PURPOSE; DEFINITIONS. 

9 ‘‘(a) PURPOSE.—The purpose of this subpart is to 

10 make assistance available to promote mentoring programs 

11 for children with greatest need— 

12 ‘‘(1) to assist such children in receiving support 

13 and guidance from a mentor; 

14 ‘‘(2) to improve the academic outcomes of such 

15 children by improving student academic performance 

16 and decreasing student absenteeism; 

17 ‘‘(3) to improve interpersonal relationships be18 tween such children and their peers, teachers, other 

19 adults, and family members; 

20 ‘‘(4) to reduce the dropout rate and raise the 

21 high school graduation rate of such children; 

22 ‘‘(5) to reduce juvenile delinquency and involve23 ment in gangs by such children; and 

24 ‘‘(6) to foster character education. 

25 ‘‘(b) DEFINITIONS.—In this subpart: 


ccoleman on PROD1PC71 with BILLS
265 

•S 1775 IS

1 ‘‘(1) CHILD WITH GREATEST NEED.—The term 

2 ‘child with greatest need’ means a child who is at 

3 risk of educational failure, dropping out of school, or 

4 involvement in criminal or delinquent activities, or 

5 who lacks strong positive role models. 

6 ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible en7 tity’ means — 

8 ‘‘(A) a local educational agency; 

9 ‘‘(B) a nonprofit, community-based organi10 zation; or 

11 ‘‘(C) a partnership between 1 or more local 

12 educational agencies and nonprofit, community13 based organizations, and other partners such as 

14 businesses and institutions of higher education. 

15 ‘‘(3) MENTOR.—The term ‘mentor’ means a re16 sponsible adult, a postsecondary school student, or a 

17 secondary school student, who works with a child— 

18 ‘‘(A) to provide a positive role model for 

19 the child; 

20 ‘‘(B) to establish a supportive relationship 

21 with the child; and 

22 ‘‘(C) to provide the child with academic as23 sistance and exposure to new experiences and 

24 examples of opportunity that enhance the abilVerDate Aug 31 2005 04:05 Jul 14, 2007 Jkt 059200 PO 00000 Frm 00265 Fmt 6652 Sfmt 6201 E:\BILLS\S1775.IS S1775

ccoleman on PROD1PC71 with BILLS
266 

•S 1775 IS

1 ity of the child to become a responsible and suc2 cessful adult. 

3 ‘‘(4) STATE.—The term ‘State’ means each of 

4 the several States, the District of Columbia, the 

5 Commonwealth of Puerto Rico, the United States 

6 Virgin Islands, Guam, American Samoa, and the 

7 Commonwealth of the Northern Mariana Islands. 

8 ‘‘SEC. 4222. GRANTS TO ELIGIBLE ENTITIES. 

9 ‘‘(a) IN GENERAL.—From the amounts appropriated 

10 to carry out this subpart, the Secretary is authorized to 

11 make grants, on a competitive basis, to eligible entities 

12 to assist such entities in establishing and supporting men13 toring programs and activities for children with greatest 

14 need that meet the following: 

15 ‘‘(1) Such programs and activities are designed 

16 to link such children (particularly children living in 

17 rural areas, areas with high rates of gang involve18 ment, areas with high rates of drug use, areas with 

19 low high school graduation rates, high-crime areas, 

20 or troubled home environments, or children experi21 encing educational failure) with mentors who— 

22 ‘‘(A) have received training and support in 

23 mentoring; 

24 ‘‘(B) have been screened using appropriate 

25 reference checks, child and domestic abuse 


ccoleman on PROD1PC71 with BILLS
267 

•S 1775 IS

1 record checks, and criminal background checks; 

2 and 

3 ‘‘(C) are interested in working with chil4 dren with greatest need. 

5 ‘‘(2) Such programs and activities are intended 

6 to achieve 1 or more of the following goals with re7 spect to children with greatest need: 

8 ‘‘(A) Promote personal and social responsi9 bility and encourage participation in community 

10 service and community activities. 

11 ‘‘(B) Increase school attendance, and en12 hance the ability to benefit from, elementary 

13 and secondary education. 

14 ‘‘(C) Discourage illegal use of drugs and 

15 alcohol, violence, use of dangerous weapons, 

16 promiscuous behavior, and other criminal, 

17 harmful, or potentially harmful activity. 

18 ‘‘(D) Encourage setting goals and planning 

19 for the future, including encouragement of 

20 graduation from secondary school and planning 

21 for postsecondary education or training. 

22 ‘‘(E) Discourage involvement in gangs. 

23 ‘‘(b) APPLICATIONS.—To be eligible to receive a 

24 grant under this subpart, an eligible entity shall submit 

25 an application to the Secretary, at such time and in such 


ccoleman on PROD1PC71 with BILLS
268 

•S 1775 IS

1 manner as the Secretary may reasonably require, that in2 cludes— 

3 ‘‘(1) a description of the plan for the mentoring 

4 program the eligible entity proposes to carry out 

5 with such grant; 

6 ‘‘(2) information on the children expected to be 

7 served by the mentoring program for which such 

8 grant is sought; 

9 ‘‘(3) a description of the mechanism the eligible 

10 entity will use to match children with mentors based 

11 on the needs of the children; 

12 ‘‘(4) an assurance that each mentor will be as13 signed to no more than 3 children, and that when 

14 assigned more than 1 child an assurance that such 

15 assignment will not undermine a mentor’s ability to 

16 be an effective mentor or to establish a close rela17 tionship with each mentored child; 

18 ‘‘(5) an assurance that the mentoring program 

19 will provide children with a variety of experiences 

20 and support, including emotional support and aca21 demic assistance; 

22 ‘‘(6) an assurance that the mentoring program 

23 will be monitored to ensure that each child assigned 

24 a mentor benefits from that assignment and that the 

25 child will be assigned a new mentor if the relationVerDate Aug 31 2005 04:05 Jul 14, 2007 Jkt 059200 PO 00000 Frm 00268 Fmt 6652 Sfmt 6201 E:\BILLS\S1775.IS S1775

ccoleman on PROD1PC71 with BILLS
269 

•S 1775 IS

1 ship between the original mentor and the child is not 

2 beneficial to the child; 

3 ‘‘(7) information regarding how mentors and 

4 children will be recruited to the mentoring program; 

5 ‘‘(8) information regarding how prospective 

6 mentors will be screened; 

7 ‘‘(9) information on the training that will be 

8 provided to mentors; 

9 ‘‘(10) information on the system that the eligi10 ble entity will use to manage and monitor informa11 tion relating to the mentoring program’s— 

12 ‘‘(A) reference checks; 

13 ‘‘(B) child and domestic abuse record 

14 checks; 

15 ‘‘(C) criminal background checks; and 

16 ‘‘(D) procedure for matching children with 

17 mentors; 

18 ‘‘(11) information regarding the staffing plan 

19 and levels the eligible entity will use to monitor the 

20 mentor and mentee match during the duration of 

21 such match; and 

22 ‘‘(12) information regarding the eligible entity’s 

23 plan for program sustainability and specifically in24 formation regarding how the eligible entity will meet 


ccoleman on PROD1PC71 with BILLS
270 

•S 1775 IS

1 the matching requirement for non-Federal funds 

2 under subsection (i). 

3 ‘‘(c) PRIORITY.—In awarding grants under this sub4 part, the Secretary shall give priority to an eligible entity 

5 that— 

6 ‘‘(1) serves children with greatest need living in 

7 rural areas, high-crime areas, or troubled home envi8 ronments, or who attend schools with violence prob9 lems; or 

10 ‘‘(2) provides high-quality background screening 

11 of mentors, training of mentors, and technical assist12 ance in carrying out mentoring programs. 

13 ‘‘(d) OTHER CONSIDERATIONS.—In awarding grants 

14 under this subpart, the Secretary shall also consider— 

15 ‘‘(1) the degree to which the location of the 

16 mentoring program proposed by each eligible entity 

17 contributes to a fair distribution of mentoring pro18 grams with respect to urban and rural locations; 

19 ‘‘(2) the quality of the mentoring program pro20 posed by each eligible entity, including— 

21 ‘‘(A) the resources, if any, the eligible enti22 ty will dedicate to providing children with op23 portunities for job training or postsecondary 

24 education; 


ccoleman on PROD1PC71 with BILLS
271 

•S 1775 IS

1 ‘‘(B) the degree to which parents, teachers, 

2 community-based organizations, and the local 

3 community have participated, or will partici4 pate, in the design and implementation of the 

5 proposed mentoring program; 

6 ‘‘(C) the degree to which the eligible entity 

7 can ensure that mentors will develop long8 standing relationships with the children they 

9 mentor; and 

10 ‘‘(D) the degree to which the mentoring 

11 program will serve children with the greatest 

12 need in the 4th through 8th grades and con13 tinue to serve children through graduation from 

14 secondary school, as needed; and 

15 ‘‘(3) the capability of each eligible entity to ef16 fectively implement its mentoring program and sus17 tain such program for the duration of the grant pe18 riod and beyond. 

19 ‘‘(e) GRANT TO EACH STATE.—Notwithstanding any 

20 other provision of this subpart, in awarding grants under 

21 this section, the Secretary shall select not less than 1 

22 grant recipient from each State for which there is an eligi23 ble entity that submits an application of sufficient quality 

24 pursuant to subsection (b). 


ccoleman on PROD1PC71 with BILLS
272 

•S 1775 IS

1 ‘‘(f) SUBSEQUENT GRANTS.—In awarding grants 

2 under this section, the Secretary shall consider eligible en3 tities that have received a grant under this section in a 

4 prior grant cycle for a new grant only if the eligible entity 

5 meets the following criteria: 

6 ‘‘(1) The Secretary determines that perform7 ance of the eligible entity during the initial grant pe8 riod was satisfactory in terms of program design, 

9 implementation of the program, and the number of 

10 children served. 

11 ‘‘(2) The proposed subsequent grant will exclu12 sively support expanded services to a new geographic 

13 area or target population. 

14 ‘‘(3) The eligible entity demonstrates that it 

15 will provide from non-Federal sources an amount to 

16 carry out the activities supported by the grant equal 

17 to not less than 50 percent of the amount received 

18 under the grant for each of the 3 years of the grant 

19 period. 

20 ‘‘(g) USE OF FUNDS.— 

21 ‘‘(1) IN GENERAL.—Each eligible entity that re22 ceives a grant under this subpart shall use the grant 

23 funds for activities that establish or implement a 

24 mentoring program, that shall include 1 or more of 

25 the following: 


ccoleman on PROD1PC71 with BILLS
273 

•S 1775 IS

1 ‘‘(A) Hiring of mentoring coordinators and 

2 support staff. 

3 ‘‘(B) Providing for the professional devel4 opment of mentoring coordinators and support 

5 staff. 

6 ‘‘(C) Recruitment, screening, and training 

7 of mentors. 

8 ‘‘(D) Reimbursement to schools, if appro9 priate, for the use of school materials or sup10 plies in carrying out the mentoring program. 

11 ‘‘(E) Dissemination of outreach materials. 

12 ‘‘(F) Evaluation of the mentoring program 

13 using scientifically based methods. 

14 ‘‘(G) Such other activities as the Secretary 

15 may reasonably prescribe by rule. 

16 ‘‘(2) PROHIBITED USES.—Notwithstanding 

17 paragraph (1), an eligible entity awarded a grant 

18 under this subpart may not use the grant funds— 

19 ‘‘(A) to directly compensate mentors; 

20 ‘‘(B) to obtain educational or other mate21 rials or equipment that would otherwise be used 

22 in the ordinary course of the eligible entity’s op23 erations; or 

24 ‘‘(C) to support litigation of any kind. 


ccoleman on PROD1PC71 with BILLS
274 

•S 1775 IS

1 ‘‘(h) AVAILABILITY OF FUNDS.—Funds made avail2 able through a grant under this section shall be available 

3 for obligation for a period not to exceed 3 years. 

4 ‘‘(i) MATCHING REQUIREMENT.— 

5 ‘‘(1) IN GENERAL.—Each eligible entity that re6 ceives a grant under this section shall provide from 

7 non-Federal sources an amount to carry out the ac8 tivities supported by the grant equal to or greater 

9 than— 

10 ‘‘(A) 10 percent of the amount received 

11 under the grant for the first year of the grant; 

12 ‘‘(B) 25 percent of the amount received 

13 under the grant for the second year of the 

14 grant; and 

15 ‘‘(C) 50 percent of the amount received 

16 under the grant for the third year of the grant. 

17 ‘‘(2) SUBSEQUENT GRANTS.—An eligible entity 

18 that has received a grant under this section in a 

19 prior grant cycle shall for any subsequent grant 

20 awarded under this section provide from non-Federal 

21 sources an amount to carry out the activities sup22 ported by the grant equal to not less than 50 per23 cent of the amount received under the grant for each 

24 of the 3 years of the grant period. 


ccoleman on PROD1PC71 with BILLS
275 

•S 1775 IS

1 ‘‘SEC. 4223. ENSURING QUALITY GRANTS. 

2 ‘‘(a) MODEL SCREENING GUIDELINES.— 

3 ‘‘(1) IN GENERAL.—Based on model screening 

4 guidelines developed by the Office of Juvenile Pro5 grams of the Department of Justice, the Secretary 

6 shall develop and distribute to each eligible entity 

7 awarded a grant under this subpart specific model 

8 guidelines for the screening of mentors who seek to 

9 participate in mentoring programs assisted under 

10 this subpart. 

11 ‘‘(2) BACKGROUND CHECKS.—The guidelines 

12 developed under this subsection shall include, at a 

13 minimum, a requirement that potential mentors be 

14 subject to reference checks, child and domestic abuse 

15 record checks, and criminal background checks. 

16 ‘‘(b) SUPPORT FOR GRANTEES.—In order to ensure 

17 the strongest possible outcomes for children mentored 

18 under this subpart, the Secretary shall— 

19 ‘‘(1) provide technical assistance to grant re20 cipients, beginning in year 1 and continuing 

21 throughout the duration of the grant; 

22 ‘‘(2) track the mentoring practices and out23 comes of all grant recipients throughout the 3-year 

24 duration of the grant; and 

25 ‘‘(3) provide an annual report on the implemen26 tation of the program assisted under this subpart to 


ccoleman on PROD1PC71 with BILLS
276 

•S 1775 IS

1 Congress detailing the number of children served by 

2 grant recipients and the outcomes achieved for those 

3 children. 

4 ‘‘(c) RESEARCH ON SCHOOL-BASED MENTORING.— 

5 In order to ensure that grant recipients assisted under this 

6 subpart have access to the most current research-based 

7 information about building and carrying out strong and 

8 effective mentoring programs, the Secretary shall— 

9 ‘‘(1) consult with leading mentoring organiza10 tions and researchers, including the Federal Men11 toring Council and the National Mentoring Working 

12 Group, to determine priorities for research on 

13 school-based mentoring and appropriate research de14 sign, with consideration for— 

15 ‘‘(A) determining the ideal school environ16 ments in which school-based mentoring suc17 ceeds; 

18 ‘‘(B) identifying techniques for matching 

19 children with specific characteristics (for exam20 ple, age, academic achievement, and student 

21 risk factors) with the most appropriate men22 toring models; 

23 ‘‘(C) determining the infrastructure needed 

24 to foster the expansion of school-based men25 toring in a sustainable way; and 


ccoleman on PROD1PC71 with BILLS
277 

•S 1775 IS

1 ‘‘(D) refining best practices, match activi2 ties, and a range of mentoring models to lead 

3 to the best possible outcomes for children; and 

4 ‘‘(2) through grant or contract with high-qual5 ity, independent research entities conduct research 

6 on the priorities identified in paragraph (1), and en7 sure that all research results and findings are widely 

8 disseminated to grantees assisted under this subpart 

9 and to the larger mentoring community. 

10 ‘‘SEC. 4224. AUTHORIZATION OF APPROPRIATIONS. 

11 ‘‘(a) IN GENERAL.—There are authorized to be ap12 propriated to carry out this subpart such sums as may 

13 be necessary for each of the fiscal years 2008 through 

14 2013. 

15 ‘‘(b) RESERVATIONS.—The Secretary may reserve 

16 not more than 8 percent of the funds appropriated to 

17 carry out this subpart for each fiscal year for the costs 

18 of technical assistance and research under subsections (b) 

19 and (c) of section 4223.’’. 

20 TITLE V—PROMOTING IN21 FORMED PARENTAL CHOICE 

22 AND INNOVATIVE PROGRAMS 

23 PART A—INNOVATIVE PROGRAMS 

24 SEC. 5101. STATE USES OF FUNDS. 

25 Section 5121 (20 U.S.C. 7213) is amended— 


ccoleman on PROD1PC71 with BILLS
278 

•S 1775 IS

1 (1) by striking paragraph (7); and 

2 (2) by redesignating paragraph (8) as para3 graph (7). 

4 SEC. 5102. STATE APPLICATIONS. 

5 Section 5122(a)(2) (20 U.S.C. 7213a(a)(2)) is 

6 amended by striking ‘‘Provision of’’ and inserting ‘‘An as7 surance that the State educational agency will provide 

8 for’’. 

9 SEC. 5103. LOCAL USES OF FUNDS. 

10 (a) LOCAL USES OF FUNDS.—Section 5131 (20 

11 U.S.C. 7215) is amended— 

12 (1) in subsection (a)— 

13 (A) in paragraph (1), by striking ‘‘to re14 duce class size, especially in the early grades,’’ 

15 and inserting ‘‘, including to reduce class size, 

16 especially in the early grades, performance- or 

17 merit-based pay systems and strategies that 

18 provide differential and bonus pay for teachers 

19 in high-need academic subjects such as reading, 

20 mathematics, and science and teachers in high21 poverty schools and local educational agen22 cies,’’; 

23 (B) by striking paragraphs (19) and (26); 

24 (C) by redesignating paragraphs (20), 

25 (21), (22), (23), (24), (25), and (27), as paraVerDate Aug 31 2005 04:05 Jul 14, 2007 Jkt 059200 PO 00000 Frm 00278 Fmt 6652 Sfmt 6201 E:\BILLS\S1775.IS S1775

ccoleman on PROD1PC71 with BILLS
279 

•S 1775 IS

1 graphs (19), (20), (21), (22), (23), (24), and 

2 (25), respectively; and 

3 (D) in paragraph (25), as redesignated by 

4 subparagraph (C), by striking ‘‘1116(e)’’ and 

5 inserting ‘‘1116(d)’’; and 

6 (2) by striking subsection (c). 

7 (b) LOCAL APPLICATIONS.—Section 5133(b) (20 

8 U.S.C. 7215b) is amended— 

9 (1) in paragraph (2), by striking ‘‘subpara10 graph (A)’’ and inserting ‘‘paragraph (1)’’; 

11 (2) in paragraph (7)— 

12 (A) by striking ‘‘Provision’’ and inserting 

13 ‘‘An assurance that’’; 

14 (B) by striking ‘‘for systematic’’ and in15 serting ‘‘systematic’’; and 

16 (C) by inserting ‘‘will occur’’ before ‘‘with 

17 parents’’; and 

18 (3) in paragraph (9), by striking ‘‘5131(a)(23)’’ 

19 and inserting ‘‘5131(a)(22)’’. 

20 SEC. 5104. PARTICIPATION OF CHILDREN ENROLLED IN 

21 PRIVATE SCHOOLS. 

22 Section 5142(i) (20 U.S.C. 7217a(i)) is amended to 

23 read as follows: 

24 ‘‘(i) PRIOR DETERMINATION.—Any bypass deter25 mination in effect under this part on the day preceding 


ccoleman on PROD1PC71 with BILLS
280 

•S 1775 IS

1 the date of enactment of the No Child Left Behind Act 

2 of 2007 shall, to the extent consistent with the purposes 

3 of this part, apply to programs under this part.’’. 

4 SEC. 5105. DEFINITIONS. 

5 Section 5145 (20 U.S.C. 7217d) is amended— 

6 (1) by striking paragraphs (1) and (2); and 

7 (2) by redesignating paragraphs (3) and (4) as 

8 paragraphs (1) and (2), respectively. 

9 SEC. 5106. AUTHORIZATION OF APPROPRIATIONS. 

10 Section 5146 (20 U.S.C. 7217e) is amended to read 

11 as follows: 

12 ‘‘SEC. 5146. AUTHORIZATION OF APPROPRIATIONS. 

13 ‘‘There are authorized to be appropriated to carry out 

14 this part $450,000,000 for fiscal year 2008 and such sums 

15 as may be necessary for each of the 5 succeeding fiscal 

16 years.’’. 

17 PART B—PUBLIC CHARTER SCHOOLS 

18 SEC. 5201. PROGRAM AUTHORIZED. 

19 Section 5202(e)(1) (20 U.S.C. 7221a(e)(1)) is 

20 amended by striking ‘‘for fiscal year 2002 or any suc21 ceeding fiscal year’’. 

22 SEC. 5202. AUTHORIZATION OF APPROPRIATIONS FOR 

23 CHARTER SCHOOL PROGRAMS. 

24 Section 5211(a) (20 U.S.C. 7221j(a)) is amended by 

25 striking ‘‘2002’’ and inserting ‘‘2008’’. 


ccoleman on PROD1PC71 with BILLS
281 

•S 1775 IS

1 SEC. 5203. AUTHORIZATION OF APPROPRIATIONS FOR 

2 CREDIT ENHANCEMENT INITIATIVES. 

3 Section 5231 (20 U.S.C. 7223j) is amended by strik4 ing ‘‘2002’’ and all that follows through the period at the 

5 end and inserting ‘‘2008 and such sums as may be nec6 essary for each of the 5 succeeding fiscal years.’’. 

7 SEC. 5204. AUTHORIZATION OF APPROPRIATIONS FOR VOL8 UNTARY PUBLIC SCHOOL CHOICE PRO9 GRAMS. 

10 Section 5248 (20 U.S.C. 7225g) is amended by strik11 ing ‘‘2002’’ and inserting ‘‘2008’’. 

12 PART C—MAGNET SCHOOLS ASSISTANCE 

13 SEC. 5301. FINDINGS AND PURPOSE. 

14 Section 5301 (20 U.S.C. 7231) is amended— 

15 (1) in subsection (a)(4)(B), by inserting ‘‘, in16 cluding greater participation of minority students 

17 and young women in mathematics and science and 

18 greater participation of all students in critical for19 eign languages’’ after ‘‘backgrounds’’; and 

20 (2) in subsection (b)— 

21 (A) in paragraph (2), by inserting ‘‘, while 

22 ensuring that all students enrolled in magnet 

23 school programs have equitable access to a high 

24 quality education’’ after ‘‘achievement stand25 ards’’; 

26 (B) in paragraph (4)— 


ccoleman on PROD1PC71 with BILLS
282 

•S 1775 IS

1 (i) by striking ‘‘vocational’’ and in2 serting ‘‘career’’; and 

3 (ii) by inserting ‘‘that will enable stu4 dents to succeed academically and make a 

5 successful transition into postsecondary 

6 education or productive employment in a 

7 global economy’’ after ‘‘such schools’’; 

8 (C) in paragraph (5), by striking ‘‘; and’’ 

9 and inserting a period; and 

10 (D) by striking paragraph (6). 

11 SEC. 5302. DEFINITION. 

12 Section 5302 (20 U.S.C.7231a) is amended by insert13 ing ‘‘and ethnic’’ after ‘‘racial’’. 

14 SEC. 5303. LIMITATIONS. 

15 Section 5309(c) (20 U.S.C.7231h(c)) is amended by 

16 adding at the end the following: ‘‘The Secretary shall give 

17 full consideration to any application that requests not 

18 more than $4,000,000 for each year of the 3-year grant 

19 period.’’ 

20 SEC. 5304. AUTHORIZATION OF APPROPRIATIONS. 

21 Section 5311 (20 U.S.C. 7231j) is amended— 

22 (1) in subsection (a), by striking ‘‘2002’’ and 

23 inserting ‘‘2008’’; and 

24 (2) by adding at the end the following: 


ccoleman on PROD1PC71 with BILLS
283 

•S 1775 IS

1 ‘‘(c) ADDITIONAL MATHEMATICS AND SCIENCE MAG2 NET SCHOOL PROGRAMS.—In any fiscal year for which 

3 the amount appropriated pursuant to subsection (a) ex4 ceeds the amount appropriated for fiscal year 2007, the 

5 Secretary shall expend not less than 50 percent of such 

6 excess amount as grants only to local educational agencies 

7 or consortia of such agencies proposing new or expanded 

8 magnet school programs in mathematics and science, in9 cluding such programs in computer sciences, medical 

10 sciences, and pre-engineering.’’. 

11 PART D—FUND FOR THE IMPROVEMENT OF 

12 EDUCATION 

13 SEC. 5401. AUTHORIZATION OF APPROPRIATIONS. 

14 Section 5401 (20 U.S.C. 7241) is amended to read 

15 as follows: 

16 ‘‘SEC. 5401. AUTHORIZATION OF APPROPRIATIONS. 

17 ‘‘There are authorized to be appropriated to carry out 

18 this part $675,000,000 for fiscal year 2008 and such sums 

19 as may be necessary for each of the 5 succeeding fiscal 

20 years.’’. 

21 SEC. 5402. PROGRAMS AUTHORIZED. 

22 Section 5411(b) (20 U.S.C. 7243(b)) is amended— 

23 (1) by striking paragraphs (5), (6), and (7); 

24 and 


ccoleman on PROD1PC71 with BILLS
284 

•S 1775 IS

1 (2) by redesignating paragraphs (8) and (9) as 

2 paragraphs (5) and (6), respectively. 

3 SEC. 5403. STUDIES OF NATIONAL SIGNIFICANCE. 

4 Subpart 1 of part D of title V (20 U.S.C. 7243 et 

5 seq.) is amended by striking section 5414. 

6 SEC. 5404. COUNSELING PROGRAMS. 

7 Section 5421 (20 U.S.C. 7245) is amended— 

8 (1) by striking subsection (c)(K) and inserting 

9 the following: 

10 ‘‘(K) ensure a team approach to school 

11 counseling in the schools served by the local 

12 educational agency by working toward a ratio 

13 recommended by the American Counseling As14 sociation of 1 school counselor to 250 students, 

15 and ratios recommended by the American 

16 School Health Association of 1 school social 

17 worker to 800 students, and 1 school psycholo18 gist to 1,000 students; and’’; and 

19 (2) by striking subsection (g). 

20 SEC. 5405. PARTNERSHIPS IN CHARACTER EDUCATION. 

21 Section 5431(i) (20 U.S.C. 7247(i)) is amended— 

22 (1) in the heading, by striking ‘‘PERMISSIVE’’; 

23 (2) in paragraph (1), by striking ‘‘may require’’ 

24 and inserting ‘‘shall require’’; and 

25 (3) by striking paragraph (4). 


ccoleman on PROD1PC71 with BILLS
285 

•S 1775 IS

1 SEC. 5406. PROGRAMS TO BE STRUCK. 

2 Part D of title V (20 U.S.C. 7241 et seq.) is amend3 ed— 

4 (1) by striking subparts 4, 11, 12, 17, 18, 19, 

5 20, and 21; 

6 (2) by redesignating subparts 5, 6, 7, 8, 9, 10, 

7 13, 14, 15, and 16, as subparts 4, 5, 6, 7, 8, 9, 10, 

8 11, 12, and 13, respectively; and 

9 (3) by redesignating sections 5451, 5461, 5462, 

10 5463, 5464, 5465, 5466, 5471, 5472, 5473, 5474, 

11 5475, 5476, 5477, 5481, 5482, 5483, 5484, 5485, 

12 5491, 5492, 5493, 5494, 5501, 5502, 5503, 5504, 

13 5505, 5506, 5507, 5531, 5532, 5533, 5534, 5535, 

14 5536, 5537, 5541, 5542, 5551, 5561, 5562, 5563, 

15 5564, 5565, 5566, as sections 5441, 5451, 5452, 

16 5453, 5454, 5455, 5456, 5461, 5462, 5463, 5464, 

17 5465, 5466, 5467, 5471, 5472, 5473, 5474, 5475, 

18 5481, 5482, 5483, 5484, 5491, 5492, 5493, 5494, 

19 5495, 5496, 5497, 5501, 5502, 5503, 5504, 5505, 

20 5506, 5507, 5511, 5512, 5521, 5531, 5532, 5533, 

21 5534, 5535, and 5536, respectively. 

22 SEC. 5407. GIFTED AND TALENTED STUDENTS. 

23 Subpart 5 of part D of title V (as redesignated by 

24 section 5406) is amended— 

25 (1) in section 5451 (as redesignated by section 

26 5406) by striking ‘‘2001’’ and inserting ‘‘2007’’; 


ccoleman on PROD1PC71 with BILLS
286 

•S 1775 IS

1 (2) in section 5454 (as redesignated by section 

2 5406)— 

3 (A) by striking subsection (c); 

4 (B) by redesignating subsections (d) and 

5 (e) as subsections (c) and (d), respectively; and 

6 (C) in subsection (d) (as redesignated by 

7 subparagraph (B))— 

8 (i) by striking ‘‘Office of Educational 

9 Research and Improvement’’ and inserting 

10 ‘‘Institute of Education Sciences’’; and 

11 (ii) by striking ‘‘such Office’’ both 

12 places such terms appear and inserting 

13 ‘‘such Institute’’; 

14 (3) in section 5455 (as redesignated by section 

15 5406) by striking ‘‘5464(a)(2)’’ and inserting 

16 ‘‘5454(a)(2)’’; and 

17 (4) in section 5456 (as redesignated by section 

18 5406)— 

19 (A) in subsection (b)(3), by striking ‘‘No 

20 Child Left Behind Act of 2001’’ and inserting 

21 ‘‘No Child Left Behind Act of 2007’’; and 

22 (B) in subsection (c)— 

23 (i) in paragraph (2), by adding ‘‘and’’ 

24 after the semicolon; 

25 (ii) in paragraph (3)— 


ccoleman on PROD1PC71 with BILLS
287 

•S 1775 IS

1 (I) by striking ‘‘Assistant Sec2 retary for Educational Research and 

3 Improvement’’ and inserting ‘‘Director 

4 of the Institute of Education 

5 Sciences’’; and 

6 (II) by striking ‘‘; and’’ and in7 serting a period; and 

8 (iii) by striking paragraph (4). 

9 SEC. 5408. STAR SCHOOLS PROGRAM. 

10 Subpart 6 of part D of title V (as redesignated by 

11 section 5406) is amended— 

12 (1) in section 5462(1) (as redesignated by sec13 tion 5406) by striking ‘‘vocational’’ and inserting 

14 ‘‘career and technical’’; 

15 (2) in section 5463(c)(2) (as redesignated by 

16 section 5406) by striking ‘‘5474’’ and inserting 

17 ‘‘5464’’; and 

18 (3) in section 5464 (as redesignated by section 

19 5406)— 

20 (A) in subsection (a), by striking ‘‘5473’’ 

21 and inserting ‘‘5463’’; 

22 (B) in subsection (b)(12)(G), by striking 

23 ‘‘vocational’’ and inserting ‘‘career and tech24 nical’’; and 


ccoleman on PROD1PC71 with BILLS
288 

•S 1775 IS

1 (C) in subsection (c), by striking ‘‘5473’’ 

2 and inserting ‘‘5463’’; 

3 (4) in section 5463(a) (as redesignated by sec4 tion 5406) by striking ‘‘, in conjunction with the Of5 fice of Educational Technology,’’ after ‘‘The Sec6 retary’’; and 

7 (5) in section 5465(a)(1) (as redesignated by 

8 section 5406) by striking ‘‘, in conjunction with the 

9 Office of Educational Technology,’’ after ‘‘The Sec10 retary’’. 

11 SEC. 5409. READY TO TEACH. 

12 Subpart 7 of part D of title V (as redesignated by 

13 section 5406) is amended— 

14 (1) in section 5471(b) (as redesignated by sec15 tion 5406) by striking ‘‘section 5484’’ and inserting 

16 ‘‘5474’’; 

17 (2) in section 5472 (as redesignated by section 

18 5406)— 

19 (A) in subsection (a)— 

20 (i) in paragraph (1), by striking 

21 ‘‘5481(a)’’ and inserting ‘‘5471(a)’’; and 

22 (ii) in paragraph (2), by striking 

23 ‘‘5481(a)’’ and inserting ‘‘5471(a)’’; and 

24 (B) in subsection (b), by striking 

25 ‘‘5481(b)’’ and inserting ‘‘5471(b)’’; 


ccoleman on PROD1PC71 with BILLS
289 

•S 1775 IS

1 (3) in section 5473 (as redesignated by section 

2 5406) by striking ‘‘5481(a)’’ and inserting 

3 ‘‘5471(a)’’; and 

4 (4) in section 5474 (as redesignated by section 

5 5406) by striking ‘‘5481(b)’’ each place such term 

6 appears and inserting ‘‘5471(b)’’. 

7 SEC. 5410. FOREIGN LANGUAGE ASSISTANCE PROGRAM. 

8 Section 5484 (as redesignated by section 5406) is re9 pealed. 

10 SEC. 5411. PHYSICAL EDUCATION. 

11 Section 5496(c) (as redesignated by section 5406) is 

12 amended by striking ‘‘2003’’ and inserting ‘‘2009’’. 

13 SEC. 5412. EXCELLENCE IN ECONOMIC EDUCATION. 

14 Subpart 10 of part D of title V (as redesignated by 

15 section 5406) is amended— 

16 (1) in section 5505(b) (as redesignated by sec17 tion 5406) by striking ‘‘5533(b)(2)(A)’’ and insert18 ing ‘‘5503(b)(2)(A)’’; 

19 (2) in section 5506 (as redesignated by section 

20 5406)— 

21 (A) in subsection (a), by striking 

22 ‘‘5533(b)(2)’’ and inserting ‘‘5503(b)(2)’’; and 

23 (B) in subsection (c), by striking ‘‘Not 

24 later’’ and all that follows through ‘‘thereafter,’’ 

25 and inserting ‘‘Every 2 years’’; and 


ccoleman on PROD1PC71 with BILLS
290 

•S 1775 IS

1 (3) in section 5507 (as redesignated by section 

2 5406) by striking ‘‘5532(a)’’ and inserting 

3 ‘‘5502(a)’’. 

4 SEC. 5413. ARTS IN EDUCATION. 

5 Section 5521(d)(8) (as redesignated by section 5406) 

6 is amended by striking ‘‘Very Special Arts’’ and inserting 

7 ‘‘VSA arts (formerly Very Special Arts)’’. 

8 SEC. 5414. PARENTAL ASSISTANCE AND LOCAL FAMILY IN9 FORMATION CENTERS. 

10 Subpart 13 of part D of title V (as redesignated by 

11 section 5406) is amended— 

12 (1) in the subpart heading, by striking ‘‘Pa13 rental Assistance and Local Family Infor14 mation Centers’’ and inserting ‘‘Parental In15 formation and Resource Centers’’; 

16 (2) in section 5533(b) (as redesignated by sec17 tion 5406)— 

18 (A) by striking paragraph (14); 

19 (B) by redesignating paragraphs (12) and 

20 (13) as paragraphs (14) and (15), respectively; 

21 (C) in paragraph (14), as redesignated by 

22 subparagraph (B), by inserting ‘‘and’’ after the 

23 semicolon at the end; 


ccoleman on PROD1PC71 with BILLS
291 

•S 1775 IS

1 (D) in paragraph (15), as redesignated by 

2 subparagraph (B), by striking ‘‘; and’’ and in3 serting a period; and 

4 (E) by inserting after paragraph (11) the 

5 following: 

6 ‘‘(12) provide information and assistance to 

7 parents regarding State and local high school grad8 uation requirements, college entrance requirements, 

9 and Federal and State financial assistance for post10 secondary education; 

11 ‘‘(13) provide information and assistance to 

12 parents regarding options for public school choice 

13 and supplemental educational services for students 

14 enrolled in schools identified for school improvement 

15 and restructuring under section 1116;’’; 

16 (3) in section 5534(b) (as redesignated by sec17 tion 5406)— 

18 (A) by redesignating paragraphs (4) and 

19 (5) as paragraphs (6) and (7), respectively; and 

20 (B) by inserting after paragraph (3) the 

21 following: 

22 ‘‘(4) Providing information about State and 

23 local high school graduation requirements, college 

24 entrance requirements, and Federal and State finan25 cial assistance for postsecondary education. 


ccoleman on PROD1PC71 with BILLS
292 

•S 1775 IS

1 ‘‘(5) Providing information about options for 

2 public school choice and supplemental educational 

3 services for students enrolled in schools identified for 

4 school improvement and restructuring under section 

5 1116;’’; 

6 (4) by striking section 5535(f) (as redesignated 

7 by section 5406); and 

8 (5) by striking section 5536 (as redesignated by 

9 section 5406). 

10 TITLE VI—FLEXIBILITY AND 

11 ACCOUNTABILITY 

12 PART A—IMPROVING ACADEMIC ACHIEVEMENT 

13 SEC. 6101. GRANTS FOR STATE ASSESSMENTS AND RE14 LATED ACTIVITIES. 

15 Section 6111 (20 U.S.C. 7301) is amended to read 

16 as follows: 

17 ‘‘SEC. 6111. GRANTS FOR STATE ASSESSMENTS AND RE18 LATED ACTIVITIES. 

19 ‘‘(a) GRANT PROGRAM AUTHORIZED.—The Secretary 

20 shall make grants to States to enable the States— 

21 ‘‘(1) to develop and improve State assessments 

22 and standards required under section 1111(b); 

23 ‘‘(2) to develop and improve State alternate as24 sessments and alternate and modified academic 


ccoleman on PROD1PC71 with BILLS
293 

•S 1775 IS

1 achievement standards for students with disabilities 

2 required by or allowed under section 1111(b); 

3 ‘‘(3) to expand the range of assessment accom4 modations available to students with limited English 

5 proficiency and students with disabilities to improve 

6 the rates of inclusion of such students; 

7 ‘‘(4) to develop and improve State standards 

8 and assessments of English language proficiency as 

9 required under section 1111(b)(7); and 

10 ‘‘(5) if a State has developed the assessments 

11 and standards required under section 1111(b), in12 cluding assessments of English language proficiency 

13 as required under section 1111(b)(7), to administer 

14 such assessments or to carry out other activities de15 scribed in this subpart to ensure that the State’s 

16 schools and local educational agencies are held ac17 countable for improved student academic achieve18 ment, such as the following: 

19 ‘‘(A) Developing challenging academic con20 tent standards and challenging student aca21 demic achievement standards and aligned as22 sessments in academic subjects for which stand23 ards and assessments are not required under 

24 section 1111(b). 


ccoleman on PROD1PC71 with BILLS
294 

•S 1775 IS

1 ‘‘(B) Ensuring the continued validity and 

2 reliability of State assessments. 

3 ‘‘(C) Refining State assessments to ensure 

4 their continued alignment with the State’s aca5 demic content standards and to improve the 

6 alignment of curricula and instructional mate7 rials. 

8 ‘‘(D) Developing multiple measures to in9 crease the reliability and validity of State as10 sessment systems. 

11 ‘‘(E) Developing diagnostic and formative 

12 assessments aligned to State standards to pro13 vide teachers and administrators with timely 

14 and accurate student and classroom-level infor15 mation that may be used to inform and improve 

16 classroom instruction and to target academic 

17 assistance to students in need. 

18 ‘‘(F) Carrying out professional develop19 ment activities for IEP teams, special education 

20 teachers, and regular classroom teachers on the 

21 appropriate use of accommodations, alternate 

22 assessments, and alternate or modified aca23 demic achievement standards for students with 

24 disabilities. 


ccoleman on PROD1PC71 with BILLS
295 

•S 1775 IS

1 ‘‘(G) Carrying out professional develop2 ment activities for teachers of limited English 

3 proficient students and for regular classroom 

4 teachers and administrators on the appropriate 

5 use of accommodations for limited English pro6 ficient students. 

7 ‘‘(H) Carrying out professional develop8 ment activities for teachers and administrators 

9 concerning the interpretation and analysis of 

10 assessment results in order to use such results 

11 to improve classroom instruction. 

12 ‘‘(I) Developing and improving State longi13 tudinal data systems that incorporate and link 

14 student records of achievement, high school 

15 graduation data, and teacher and classroom 

16 level data. 

17 ‘‘(J) Improving the dissemination of infor18 mation on student achievement and school per19 formance to parents and the community. 

20 ‘‘(b) VOLUNTARY STATE PARTNERSHIPS.—In car21 rying out the activities under subsection (a), a State may 

22 use funds authorized under subsection (a) to work in a 

23 voluntary partnership or consortium with another State, 

24 at the sole discretion of each such State. 


ccoleman on PROD1PC71 with BILLS
296 

•S 1775 IS

1 ‘‘(c) RULE OF CONSTRUCTION.—Nothing in this sec2 tion shall be construed to authorize an officer or employee 

3 of the Federal Government to mandate or direct any feder4 ally sponsored national academic standards or academic 

5 assessments, unless specifically and explicitly authorized 

6 by law.’’. 

7 SEC. 6102. GRANTS FOR ENHANCED ASSESSMENTS FOR 

8 STUDENTS WITH DISABILITIES AND LIMITED 

9 ENGLISH PROFICIENT STUDENTS. 

10 Section 6112 (20 U.S.C. 7301a) is amended to read 

11 as follows: 

12 ‘‘SEC. 6112. GRANTS FOR ENHANCED ASSESSMENTS FOR 

13 STUDENTS WITH DISABILITIES AND LIMITED 

14 ENGLISH PROFICIENT STUDENTS. 

15 ‘‘(a) GRANT PROGRAM AUTHORIZED.—From funds 

16 made available to carry out this subpart, the Secretary 

17 shall award, on a competitive basis, grants to State edu18 cational agencies that have submitted an application at 

19 such time, in such manner, and containing such informa20 tion as the Secretary may require— 

21 ‘‘(1) to enable States (or consortia of States) to 

22 collaborate with institutions of higher education, 

23 other research institutions, or other organizations to 

24 improve the quality, validity, and reliability of State 

25 academic assessments for students with disabilities, 


ccoleman on PROD1PC71 with BILLS
297 

•S 1775 IS

1 including alternate assessments based on alternate 

2 student academic achievement standards, alternate 

3 assessments aligned with modified student academic 

4 achievement standards, and testing accommodations 

5 for students with disabilities; and 

6 ‘‘(2) to enable States (or consortia of States) to 

7 collaborate with institutions of higher education, 

8 other research institutions, or other organizations to 

9 improve the quality, validity, and reliability of State 

10 academic assessments for students with limited 

11 English proficiency, including alternative assess12 ments aligned with State student academic achieve13 ment standards, testing accommodations for stu14 dents with limited English proficiency, and assess15 ments of English language proficiency. 

16 ‘‘(b) APPLICATION.—Each State wishing to apply for 

17 funds under this section shall submit an application at 

18 such time, in such manner, and containing such informa19 tion as the Secretary may require. 

20 ‘‘(c) ANNUAL REPORT.—Each State educational 

21 agency receiving a grant under this section shall submit 

22 an annual report to the Secretary describing its activities, 

23 and the result of those activities, under the grant.’’. 


ccoleman on PROD1PC71 with BILLS
298 

•S 1775 IS

1 SEC. 6103. FUNDING. 

2 Section 6113 (20 U.S.C. 7301b) is amended to read 

3 as follows: 

4 ‘‘SEC. 6113. FUNDING. 

5 ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.— 

6 ‘‘(1) STATE ASSESSMENTS.—For the purpose of 

7 carrying out section 6111, there are authorized to be 

8 appropriated $460,000,000 for fiscal year 2008, and 

9 such sums as may be necessary for each of the 5 

10 succeeding fiscal years. 

11 ‘‘(2) ENHANCED ASSESSMENTS.—For the pur12 pose of carrying out section 6112, there are author13 ized to be appropriated $30,000,000 for fiscal year 

14 2008, and such sums as may be necessary for each 

15 of the 5 succeeding fiscal years. 

16 ‘‘(b) ALLOTMENT OF APPROPRIATED FUNDS.—From 

17 amounts made available for each fiscal year under sub18 section (a)(1) that are equal to or less than the amount 

19 described in section 1111(b)(3)(F), the Secretary shall— 

‘‘(1) reserve 1 20 ⁄2 of 1 percent for the Bureau of 

21 Indian Affairs; 

‘‘(2) reserve 1 22 ⁄2 of 1 percent for the outlying 

23 areas; and 

24 ‘‘(3) from the remainder, allocate to each State 

25 an amount equal to— 

26 ‘‘(A) $3,000,000; and 


ccoleman on PROD1PC71 with BILLS
299 

•S 1775 IS

1 ‘‘(B) with respect to any amounts remain2 ing after the allocation is made under subpara3 graph (A), an amount that bears the same rela4 tionship to such total remaining amounts as the 

5 number of students ages 5 through 17 in the 

6 State (as determined by the Secretary on the 

7 basis of the most recent satisfactory data) bears 

8 to the total number of such students in all 

9 States. 

10 ‘‘(c) STATE DEFINED.—In this section, the term 

11 ‘State’ means each of the 50 States, the District of Colum12 bia, and the Commonwealth of Puerto Rico.’’. 

13 SEC. 6104. PERFORMANCE REVIEW AND PENALTIES. 

14 Section 6143(a) (20 U.S.C. 7315b(a)) is amended by 

15 striking paragraphs (1), (2), and (3), and inserting the 

16 following: 

17 ‘‘(1) PROGRESS REPORT.—After the end of the 

18 second year of the grant of flexibility authority, a 

19 State educational agency receiving a grant of flexi20 bility authority under this chapter shall submit a 

21 progress report to the Secretary, including evidence 

22 of increased academic achievement of all students, 

23 especially disadvantaged students, and evidence of 

24 narrowing of achievement gaps between the lowest 

25 and highest achieving groups of students. 


ccoleman on PROD1PC71 with BILLS
300 

•S 1775 IS

1 ‘‘(2) PEER REVIEW.—The progress report de2 scribed in paragraph (1) shall be reviewed by the 

3 peer review panel convened under section 6141(d). 

4 ‘‘(3) CONSEQUENCES OF INSUFFICIENT

5 PROGRESS.—After submission of the progress report 

6 described in paragraph (1), if the Secretary deter7 mines that the State educational agency is not mak8 ing significant progress in meeting the purposes of 

9 this chapter, the Secretary shall terminate a grant 

10 of flexibility authority for a State if there is evidence 

11 that the State educational agency involved has failed 

12 to comply with the terms of the grant of authority.’’. 

13 SEC. 6105. LOCAL FLEXIBILITY DEMONSTRATION AGREE14 MENTS. 

15 Section 6151 (20 U.S.C. 7321) is amended— 

16 (1) in subsection (a), by striking ‘‘Except as 

17 otherwise provided in this chapter, the’’ and insert18 ing ‘‘The’’; and 

19 (2) in subsection (b)(2)— 

20 (A) in subparagraph (A), by striking ‘‘that 

21 does not have a grant of flexibility authority 

22 under chapter A’’; and 

23 (B) by striking subparagraph (C). 


ccoleman on PROD1PC71 with BILLS
301 

•S 1775 IS

1 SEC. 6106. PERFORMANCE REVIEW AND PENALTIES. 

2 Section 6154(a) (20 U.S.C. 7321c(a)) is amended by 

3 striking paragraphs (1), (2), and (3), and inserting the 

4 following: 

5 ‘‘(1) PROGRESS REPORT.—After the end of the 

6 second year of the term of a local flexibility dem7 onstration agreement, a local educational agency re8 ceiving an agreement under this chapter shall sub9 mit a progress report to the Secretary, including evi10 dence of increased academic achievement of all stu11 dents, especially disadvantaged students, and evi12 dence of narrowing of achievement gaps between the 

13 lowest and highest achieving groups of students. 

14 ‘‘(2) PEER REVIEW.—The progress report de15 scribed in paragraph (1) shall be reviewed by the 

16 peer review panel convened under section 6151(d). 

17 ‘‘(3) CONSEQUENCES OF INSUFFICIENT

18 PROGRESS.—After submission of the progress report 

19 described in paragraph (1), if the Secretary deter20 mines that the local educational agency is not mak21 ing significant progress in meeting the purposes of 

22 this chapter, the Secretary shall terminate the local 

23 flexibility demonstration agreement for a local edu24 cational agency if there is evidence that the local 

25 educational agency involved has failed to comply 

26 with the terms of the agreement.’’. 


ccoleman on PROD1PC71 with BILLS
302 

•S 1775 IS

1 SEC. 6107. REPORTS. 

2 Section 6156(a) (20 U.S.C. 7321e(a)) is amended by 

3 striking ‘‘the Workforce’’ and inserting ‘‘Labor’’. 

4 SEC. 6108. EDUCATION FLEXIBILITY PARTNERSHIP. 

5 Subpart 4 of part A of title VI (20 U.S.C. 7325 et 

6 seq.) is amended to read as follows: 

7 ‘‘Subpart 4—Education Flexibility Partnership 

8 ‘‘SEC. 6161. SHORT TITLE. 

9 ‘‘This subpart may be cited as the ‘Education Flexi10 bility Partnership Act of 1999’. 

11 ‘‘SEC. 6162. PURPOSES. 

12 ‘‘The purpose of this subpart is to ensure that all 

13 students meet State proficient levels of academic achieve14 ment by focusing on results in raising student achieve15 ment, not process, by granting waivers of certain statutory 

16 and regulatory requirements to remove impediments for 

17 local educational agencies in implementing educational re18 forms and raising the achievement levels of all children. 

19 ‘‘SEC. 6163. EDUCATION FLEXIBILITY PARTNERSHIP. 

20 ‘‘(a) EDUCATIONAL FLEXIBILITY PROGRAM.— 

21 ‘‘(1) PROGRAM AUTHORIZED.— 

22 ‘‘(A) IN GENERAL.—The Secretary may 

23 carry out an educational flexibility program 

24 under which the Secretary authorizes a State 

25 educational agency that serves an eligible State 

26 to waive statutory or regulatory requirements 


ccoleman on PROD1PC71 with BILLS
303 

•S 1775 IS

1 applicable to 1 or more programs described in 

2 subsection (b), other than requirements de3 scribed in subsection (c), for any local edu4 cational agency or school within the State. 

5 ‘‘(B) DESIGNATION.—Each eligible State 

6 participating in the program described in sub7 paragraph (A) shall be known as an ‘Ed-Flex 

8 Partnership State’. 

9 ‘‘(2) ELIGIBLE STATE.—In this section, the 

10 term ‘eligible State’ means a State that— 

11 ‘‘(A) has met the requirements for devel12 oping and implementing a State system of chal13 lenging academic standards and assessments 

14 and a single, statewide State accountability sys15 tem for ensuring that all local educational agen16 cies, public elementary schools, and public sec17 ondary schools make adequate yearly progress 

18 as required under section 1111; 

19 ‘‘(B) holds local educational agencies and 

20 schools accountable for meeting the educational 

21 goals described in the local applications sub22 mitted under paragraph (4) and for engaging in 

23 technical assistance, school and local edu24 cational agency improvement consistent with 

25 section 1116, for the local educational agencies 


ccoleman on PROD1PC71 with BILLS
304 

•S 1775 IS

1 and schools that do not make adequate yearly 

2 progress as described in section 1111(b)(2); and 

3 ‘‘(C) waives State statutory or regulatory 

4 requirements relating to education while holding 

5 local educational agencies or schools within the 

6 State that are affected by such waivers account7 able for the academic achievement of the stu8 dents who are affected by such waivers. 

9 ‘‘(3) STATE APPLICATION.— 

10 ‘‘(A) IN GENERAL.—Each State edu11 cational agency desiring to participate in the 

12 educational flexibility program under this sec13 tion shall submit an application to the Sec14 retary at such time, in such manner, and con15 taining such information as the Secretary may 

16 reasonably require. Each such application shall 

17 demonstrate that the eligible State has adopted 

18 an educational flexibility plan for the State that 

19 includes— 

20 ‘‘(i) a description of the process the 

21 State educational agency will use to evalu22 ate applications from local educational 

23 agencies or schools requesting waivers of— 


ccoleman on PROD1PC71 with BILLS
305 

•S 1775 IS

1 ‘‘(I) Federal statutory or regu2 latory requirements as described in 

3 paragraph (1)(A); and 

4 ‘‘(II) State statutory or regu5 latory requirements relating to edu6 cation; 

7 ‘‘(ii) a detailed description of the 

8 State statutory and regulatory require9 ments relating to education that the State 

10 educational agency will waive; 

11 ‘‘(iii) a description of clear edu12 cational objectives the State intends to 

13 meet under the educational flexibility plan; 

14 ‘‘(iv) a description of how the edu15 cational flexibility plan is consistent with 

16 and will assist in implementing the State 

17 system of challenging academic standards 

18 and assessments and a single, statewide 

19 State accountability system for ensuring 

20 that all local educational agencies, public 

21 elementary schools, and public secondary 

22 schools make adequate yearly progress as 

23 required under section 1111; 

24 ‘‘(v) a description of how the State 

25 educational agency will evaluate (consistent 


ccoleman on PROD1PC71 with BILLS
306 

•S 1775 IS

1 with the requirements of title I) the per2 formance of students in the schools and 

3 local educational agencies affected by the 

4 waivers; and 

5 ‘‘(vi) a description of how the State 

6 educational agency will meet the require7 ments of paragraph (8). 

8 ‘‘(B) APPROVAL AND CONSIDERATIONS.— 

9 The Secretary may approve an application de10 scribed in subparagraph (A) only if the Sec11 retary determines that such application dem12 onstrates substantial promise of assisting the 

13 State educational agency and affected local edu14 cational agencies and schools within the State 

15 in carrying out comprehensive educational re16 form, after considering— 

17 ‘‘(i) the eligibility of the State as de18 scribed in paragraph (2); 

19 ‘‘(ii) the comprehensiveness and qual20 ity of the educational flexibility plan de21 scribed in subparagraph (A); 

22 ‘‘(iii) the ability of the educational 

23 flexibility plan to ensure accountability for 

24 the activities and goals described in such 

25 plan; 


ccoleman on PROD1PC71 with BILLS
307 

•S 1775 IS

1 ‘‘(iv) the degree to which the State’s 

2 objectives described in subparagraph 

3 (A)(iii)— 

4 ‘‘(I) are clear and have the abil5 ity to be assessed; and 

6 ‘‘(II) take into account the per7 formance of local educational agencies 

8 or schools, and students, particularly 

9 those affected by waivers; 

10 ‘‘(v) the significance of the State stat11 utory or regulatory requirements relating 

12 to education that will be waived; and 

13 ‘‘(vi) the quality of the State edu14 cational agency’s process for approving ap15 plications for waivers of Federal statutory 

16 or regulatory requirements as described in 

17 paragraph (1)(A) and for monitoring and 

18 evaluating the results of such waivers. 

19 ‘‘(4) LOCAL APPLICATIONS.— 

20 ‘‘(A) IN GENERAL.—Each local educational 

21 agency or school requesting a waiver of a Fed22 eral statutory or regulatory requirement as de23 scribed in paragraph (1)(A) and any relevant 

24 State statutory or regulatory requirement from 

25 a State educational agency shall submit an apVerDate Aug 31 2005 04:05 Jul 14, 2007 Jkt 059200 PO 00000 Frm 00307 Fmt 6652 Sfmt 6201 E:\BILLS\S1775.IS S1775

ccoleman on PROD1PC71 with BILLS
308 

•S 1775 IS

1 plication to the State educational agency at 

2 such time, in such manner, and containing such 

3 information as the State educational agency 

4 may reasonably require. Each such application 

5 shall— 

6 ‘‘(i) indicate each Federal program af7 fected and each statutory or regulatory re8 quirement that will be waived; 

9 ‘‘(ii) describe the purposes and overall 

10 expected results of waiving each such re11 quirement; 

12 ‘‘(iii) describe, for each school year, 

13 specific, measurable, educational goals for 

14 each local educational agency or school af15 fected by the proposed waiver, and for the 

16 students served by the local educational 

17 agency or school who are affected by the 

18 waiver; 

19 ‘‘(iv) explain why the waiver will as20 sist the local educational agency or school 

21 in reaching such goals; and 

22 ‘‘(v) in the case of an application from 

23 a local educational agency, describe how 

24 the local educational agency will meet the 

25 requirements of paragraph (8). 


ccoleman on PROD1PC71 with BILLS
309 

•S 1775 IS

1 ‘‘(B) EVALUATION OF APPLICATIONS.—A 

2 State educational agency shall evaluate an ap3 plication submitted under subparagraph (A) in 

4 accordance with the State’s educational flexi5 bility plan described in paragraph (3)(A). 

6 ‘‘(C) APPROVAL.—A State educational 

7 agency shall not approve an application for a 

8 waiver under this paragraph unless— 

9 ‘‘(i) the local educational agency or 

10 school requesting such waiver has devel11 oped a local reform plan that is applicable 

12 to such agency or school, respectively; 

13 ‘‘(ii) the waiver of Federal statutory 

14 or regulatory requirements as described in 

15 paragraph (1)(A) will assist the local edu16 cational agency or school in reaching its 

17 educational goals, particularly goals with 

18 respect to school and student performance; 

19 and 

20 ‘‘(iii) the State educational agency is 

21 satisfied that the underlying purposes of 

22 the statutory requirements of each pro23 gram for which a waiver is granted will 

24 continue to be met. 


ccoleman on PROD1PC71 with BILLS
310 

•S 1775 IS

1 ‘‘(D) TERMINATION.—The State edu2 cational agency shall annually review the per3 formance of any local educational agency or 

4 school granted a waiver of Federal statutory or 

5 regulatory requirements as described in para6 graph (1)(A) in accordance with the evaluation 

7 requirement described in paragraph (3)(A)(v), 

8 and shall terminate any waiver granted to the 

9 local educational agency or school if the State 

10 educational agency determines, after notice and 

11 an opportunity for a hearing, that the local edu12 cational agency or school’s performance with re13 spect to meeting the accountability requirement 

14 described in paragraph (2)(C) and the goals de15 scribed in paragraph (4)(A)(iii)— 

16 ‘‘(i) has been inadequate to justify 

17 continuation of such waiver; or 

18 ‘‘(ii) has decreased for 2 consecutive 

19 years, unless the State educational agency 

20 determines that the decrease in perform21 ance was justified due to exceptional or un22 controllable circumstances. 

23 ‘‘(5) OVERSIGHT AND REPORTING.— 

24 ‘‘(A) OVERSIGHT.—Each State educational 

25 agency participating in the educational flexiVerDate Aug 31 2005 04:05 Jul 14, 2007 Jkt 059200 PO 00000 Frm 00310 Fmt 6652 Sfmt 6201 E:\BILLS\S1775.IS S1775

ccoleman on PROD1PC71 with BILLS
311 

•S 1775 IS

1 bility program under this section shall annually 

2 monitor the activities of local educational agen3 cies and schools receiving waivers under this 

4 section. 

5 ‘‘(B) STATE REPORTS.— 

6 ‘‘(i) ANNUAL REPORTS.—The State 

7 educational agency shall submit to the Sec8 retary an annual report on the results of 

9 such oversight and the impact of the waiv10 ers on school and student performance. 

11 ‘‘(ii) PERFORMANCE DATA.—Not later 

12 than 2 years after the date a State is des13 ignated an Ed-Flex Partnership State, 

14 each such State shall include, as part of 

15 the State’s annual report submitted under 

16 clause (i), data demonstrating the degree 

17 to which progress has been made toward 

18 meeting the State’s educational objectives. 

19 The data, when applicable, shall include— 

20 ‘‘(I) information on the total 

21 number of waivers granted for Fed22 eral and State statutory and regu23 latory requirements under this sec24 tion, including the number of waivers 

25 granted for each type of waiver; 


ccoleman on PROD1PC71 with BILLS
312 

•S 1775 IS

1 ‘‘(II) information describing the 

2 effect of the waivers on the implemen3 tation of State and local educational 

4 reforms pertaining to school and stu5 dent performance; and 

6 ‘‘(III) information describing the 

7 relationship of the waivers to the per8 formance of schools and students af9 fected by the waivers. 

10 ‘‘(C) SECRETARY’S REPORTS.—The Sec11 retary, not later than 2 years after the date of 

12 enactment of the No Child Left Behind Act of 

13 2007 and annually thereafter, shall— 

14 ‘‘(i) make each State report submitted 

15 under subparagraph (B) available to Con16 gress and the public; and 

17 ‘‘(ii) submit to Congress a report that 

18 summarizes the State reports and de19 scribes the effects that the educational 

20 flexibility program under this section had 

21 on the implementation of State and local 

22 educational reforms and on the perform23 ance of students affected by the waivers. 

24 ‘‘(6) DURATION OF FEDERAL WAIVERS.— 


ccoleman on PROD1PC71 with BILLS
313 

•S 1775 IS

1 ‘‘(A) IN GENERAL.—The Secretary shall 

2 not approve the application of a State edu3 cational agency under paragraph (3) for a pe4 riod exceeding 5 years, except that the Sec5 retary may extend such period if the Secretary 

6 determines that such agency’s authority to 

7 grant waivers— 

8 ‘‘(i) has been effective in enabling 

9 such State or affected local educational 

10 agencies or schools to carry out their State 

11 or local reform plans and to continue to 

12 meet the accountability requirement de13 scribed in paragraph (2)(C); and 

14 ‘‘(ii) has improved student perform15 ance. 

16 ‘‘(B) PERFORMANCE REVIEW.—Three 

17 years after the date a State is designated an 

18 Ed-Flex Partnership State, the Secretary shall 

19 review the performance of the State educational 

20 agency in granting waivers of Federal statutory 

21 or regulatory requirements as described in 

22 paragraph (1)(A) and shall terminate such 

23 agency’s authority to grant such waivers if the 

24 Secretary determines, after notice and an op25 portunity for a hearing, that such agency’s perVerDate Aug 31 2005 04:05 Jul 14, 2007 Jkt 059200 PO 00000 Frm 00313 Fmt 6652 Sfmt 6201 E:\BILLS\S1775.IS S1775

ccoleman on PROD1PC71 with BILLS
314 

•S 1775 IS

1 formance (including performance with respect 

2 to meeting the objectives described in para3 graph (3)(A)(iii)) has been inadequate to justify 

4 continuation of such authority. 

5 ‘‘(C) RENEWAL.—In deciding whether to 

6 extend a request for a State educational agen7 cy’s authority to issue waivers under this sec8 tion, the Secretary shall review the progress of 

9 the State educational agency to determine if the 

10 State educational agency— 

11 ‘‘(i) has made progress toward achiev12 ing the objectives described in the applica13 tion submitted pursuant to paragraph 

14 (3)(A)(iii); and 

15 ‘‘(ii) demonstrates in the request that 

16 local educational agencies or schools af17 fected by the waiver authority or waivers 

18 have made progress toward achieving the 

19 desired results described in the application 

20 submitted pursuant to paragraph 

21 (4)(A)(iii). 

22 ‘‘(7) PUBLIC NOTICE AND COMMENT.—Each 

23 State educational agency seeking waiver authority 

24 under this section and each local educational agency 

25 seeking a waiver under this section— 


ccoleman on PROD1PC71 with BILLS
315 

•S 1775 IS

1 ‘‘(A) shall provide the public with adequate 

2 and efficient notice of the proposed waiver au3 thority or waiver, consisting of a description of 

4 the agency’s application for the proposed waiver 

5 authority or waiver in a widely read or distrib6 uted medium, including a description of any im7 proved student performance that is expected to 

8 result from the waiver authority or waiver; 

9 ‘‘(B) shall provide the opportunity for par10 ents, educators, and all other interested mem11 bers of the community to comment regarding 

12 the proposed waiver authority or waiver; 

13 ‘‘(C) shall provide the opportunity de14 scribed in subparagraph (B) in accordance with 

15 any applicable State law specifying how the 

16 comments may be received, and how the com17 ments may be reviewed by any member of the 

18 public; and 

19 ‘‘(D) shall submit the comments received 

20 with the agency’s application to the Secretary 

21 or the State educational agency, as appropriate. 

22 ‘‘(b) INCLUDED PROGRAMS.—The statutory or regu23 latory requirements referred to in subsection (a)(1)(A) are 

24 any such requirements for programs carried out under the 

25 following provisions: 


ccoleman on PROD1PC71 with BILLS
316 

•S 1775 IS

1 ‘‘(1) The following provisions of this Act: 

2 ‘‘(A) Part A of title I (other than sections 

3 1111 and 1116), and parts C and D of title I. 

4 ‘‘(B) Subparts 2 and 3 of part A of title 

5 II. 

6 ‘‘(C) Subpart 1 of part D of title II. 

7 ‘‘(D) Subpart 1 of part A of title III. 

8 ‘‘(E) Subpart 1 of part A of title IV. 

9 ‘‘(F) Subpart 1 of part B of title IV. 

10 ‘‘(G) Part A of title V. 

11 ‘‘(2) The Carl D. Perkins Career and Technical 

12 Education Improvement Act of 2006. 

13 ‘‘(c) WAIVERS NOT AUTHORIZED.—The Secretary 

14 and the State educational agency may not waive under 

15 subsection (a)(1)(A) any statutory or regulatory require16 ment— 

17 ‘‘(1) relating to— 

18 ‘‘(A) maintenance of effort; 

19 ‘‘(B) comparability of services; 

20 ‘‘(C) equitable participation of students 

21 and professional staff in private schools; 

22 ‘‘(D) parental participation and involve23 ment; 

24 ‘‘(E) distribution of funds to States or to 

25 local educational agencies; 


ccoleman on PROD1PC71 with BILLS
317 

•S 1775 IS

1 ‘‘(F) serving eligible school attendance 

2 areas in rank order under section 1113(a)(3); 

3 ‘‘(G) the selection of a school attendance 

4 area or school under subsections (a) and (b) of 

5 section 1113, except that a State educational 

6 agency may grant a waiver to allow a school at7 tendance area or school to participate in activi8 ties under part A of title I if the percentage of 

9 children from low-income families in the school 

10 attendance area of such school or who attend 

11 such school is not less than 10 percentage 

12 points below the lowest percentage of such chil13 dren for any school attendance area or school of 

14 the local educational agency that meets the re15 quirements of such subsections (a) and (b); 

16 ‘‘(H) use of Federal funds to supplement, 

17 not supplant, non-Federal funds; and 

18 ‘‘(I) applicable civil rights requirements; 

19 and 

20 ‘‘(2) unless the underlying purposes of the stat21 utory requirements of the program for which a waiv22 er is granted continue to be met to the satisfaction 

23 of the Secretary. 

24 ‘‘(d) PUBLICATION.—A notice of the Secretary’s deci25 sion to authorize State educational agencies to issue waivVerDate Aug 31 2005 04:05 Jul 14, 2007 Jkt 059200 PO 00000 Frm 00317 Fmt 6652 Sfmt 6201 E:\BILLS\S1775.IS S1775

ccoleman on PROD1PC71 with BILLS
318 

•S 1775 IS

1 ers under this section, including a description of the ra2 tionale the Secretary used to approve applications under 

3 subsection (a)(3)(B), shall be published in the Federal 

4 Register and the Secretary shall provide for the dissemina5 tion of such notice to State educational agencies, inter6 ested parties (including educators, parents, students, and 

7 advocacy and civil rights organizations), and the public.’’. 

8 SEC. 6109. CHILD-CENTERED PROGRAMMING. 

9 Part A of title VI (20 U.S.C. 7301 et seq.) is amend10 ed by adding at the end the following: 

11 ‘‘Subpart 5—Child-Centered Programming 

12 ‘‘SEC. 6171. PURPOSE. 

13 ‘‘The purpose of this subpart is to create a ‘child14 centered’ program in which— 

15 ‘‘(1) title I funds would relocate with eligible 

16 students rather than schools; 

17 ‘‘(2) incentive grants would be available to 

18 States and local educational agencies operating 

19 child-centered programs that allow for State and 

20 local funds to relocate with the child; 

21 ‘‘(3) parents would be better empowered to ef22 fectively address the needs of their children by ex23 panding public school choice options; and 


ccoleman on PROD1PC71 with BILLS
319 

•S 1775 IS

1 ‘‘(4) achievement gaps between the lowest and 

2 highest achieving groups would be narrowed so that 

3 no child is left behind. 

4 ‘‘SEC. 6172. DEFINITIONS. 

5 ‘‘In this subpart: 

6 ‘‘(1) ELIGIBLE CHILD.—The term ‘eligible 

7 child’ means a child who— 

8 ‘‘(A) is eligible to be counted under section 

9 1124(c); or 

10 ‘‘(B)(i) the State or participating local 

11 educational agency elects to serve under this 

12 subpart; and 

13 ‘‘(ii) is a child eligible to be served under 

14 this part pursuant to section 1115(b). 

15 ‘‘(2) PARTICIPATING LOCAL EDUCATIONAL

16 AGENCY.—The term ‘participating local educational 

17 agency’ means a local educational agency that elects 

18 under section 6173(b) to carry out a child-centered 

19 program under this subpart. 

20 ‘‘(3) SCHOOL.—The term ‘school’ means a pub21 lic school, including a public charter school, that 

22 provides elementary or secondary education, as de23 termined under State law, except that such term 

24 does not include any school that provides education 

25 beyond grade 12. 


ccoleman on PROD1PC71 with BILLS
320 

•S 1775 IS

1 ‘‘(4) SUPPLEMENTAL EDUCATION SERVICES.— 

2 The term ‘supplemental education services’ means 

3 educational services intended— 

4 ‘‘(A) to meet the individual educational 

5 needs of eligible children; and 

6 ‘‘(B) to enable eligible children to meet 

7 challenging State student academic achievement 

8 standards as described in section 1111(b). 

9 ‘‘SEC. 6173. CHILD-CENTERED PROGRAM FUNDING. 

10 ‘‘(a) FUNDING.—Notwithstanding any other provi11 sion of law, each State or participating local educational 

12 agency may use the funds made available under subparts 

13 1 and 2 of part A of title I, and shall use the funds made 

14 available under subsection (c), to carry out a child-cen15 tered program under this subpart. 

16 ‘‘(b) PARTICIPATING LOCAL EDUCATIONAL AGENCY

17 ELECTION.— 

18 ‘‘(1) IN GENERAL.—If a State does not carry 

19 out a child-centered program under this subpart or 

20 does not have an application approved under section 

21 6175 for a fiscal year, a local educational agency in 

22 the State may elect to carry out a child-centered 

23 program under this subpart, and the Secretary shall 

24 provide the funds that the local educational agency 

25 (with an application approved under section 6175) is 


ccoleman on PROD1PC71 with BILLS
321 

•S 1775 IS

1 eligible to receive under subparts 1 and 2 of part A 

2 of title I, and subsection (c), directly to the local 

3 educational agency to enable the local educational 

4 agency to carry out the child-centered program. 

5 ‘‘(2) SUBMISSION APPROVAL.—In order to be 

6 eligible to carry out a child-centered program under 

7 this subpart, a participating local educational agency 

8 shall obtain from the State approval of the submis9 sion, but not the contents, of the application sub10 mitted under section 6175. 

11 ‘‘(c) INCENTIVE GRANTS.— 

12 ‘‘(1) IN GENERAL.—From amounts appro13 priated under paragraph (3) for a fiscal year, the 

14 Secretary shall award grants to each State, or par15 ticipating local educational agency described in sub16 section (b), that elects to carry out a child-centered 

17 program under this subpart and has an application 

18 approved under section 6175, to enable the State or 

19 participating local educational agency to carry out 

20 the child-centered program. 

21 ‘‘(2) AMOUNT.—Each State or participating 

22 local educational agency that elects to carry out a 

23 child-centered program under this subpart and has 

24 an application approved under section 6175 for a 

25 fiscal year shall receive a grant in an amount that 


ccoleman on PROD1PC71 with BILLS
322 

•S 1775 IS

1 bears the same relation to the amount appropriated 

2 under paragraph (3) for the fiscal year as the 

3 amount the State or participating local educational 

4 agency received under subparts 1 and 2 of part A 

5 of title I for the fiscal year bears to the amount all 

6 States and participating local educational agencies 

7 carrying out a child-centered program under this 

8 subpart received under subparts 1 and 2 of part A 

9 of title I for the fiscal year. 

10 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— 

11 There are authorized to be appropriated to carry out 

12 this subpart $50,000,000 for fiscal year 2008, and 

13 such sums as may be necessary for each of the 5 

14 succeeding fiscal years. 

15 ‘‘SEC. 6174. CHILD-CENTERED PROGRAM REQUIREMENTS. 

16 ‘‘(a) USES.—Each State or participating local edu17 cational agency with an application approved under sec18 tion 6175 shall use funds made available under subparts 

19 1 and 2 of part A of title I and subsection (c), to carry 

20 out a child-centered program under which— 

21 ‘‘(1) the State or participating local educational 

22 agency establishes a per pupil amount based on the 

23 number of eligible children in the State or the school 

24 district served by the participating local educational 

25 agency; and 


ccoleman on PROD1PC71 with BILLS
323 

•S 1775 IS

1 ‘‘(2) the State or participating local educational 

2 agency may vary the per pupil amount to take into 

3 account factors that may include— 

4 ‘‘(A) variations in the cost of providing 

5 supplemental education services in different 

6 parts of the State or the school district served 

7 by the participating local educational agency; 

8 ‘‘(B) the cost of providing services to pu9 pils with different educational needs; or 

10 ‘‘(C) the desirability of placing priority on 

11 selected grades; and 

12 ‘‘(3) the State or the participating local edu13 cational agency makes available, not later than 3 

14 months after the beginning of the school year, the 

15 per pupil amount determined under paragraphs (1) 

16 and (2) to the school in which an eligible child is en17 rolled, which per pupil amount shall be used for sup18 plemental education services for the eligible child 

19 that are— 

20 ‘‘(A) subject to subparagraph (B), pro21 vided by the school directly or through a con22 tract for the provision of supplemental edu23 cation services with any governmental or non24 governmental agency, school, postsecondary 


ccoleman on PROD1PC71 with BILLS
324 

•S 1775 IS

1 educational institution, or other entity, includ2 ing a private organization or business; or 

3 ‘‘(B) if requested by the parent or legal 

4 guardian of an eligible child, purchased from a 

5 tutorial assistance provider or another public 

6 school selected by the parent or guardian. 

7 ‘‘(b) SCHOOLWIDE PROGRAMS.— 

8 ‘‘(1) IN GENERAL.—In the case of a public 

9 school in which 50 percent of the students enrolled 

10 in the school are eligible children, the public school 

11 may use funds provided under this subpart, in com12 bination with other Federal, State, and local funds, 

13 to carry out a schoolwide program to upgrade the 

14 entire educational program in the school. 

15 ‘‘(2) PLAN.—If a public school elects to use 

16 funds provided under this subpart in accordance 

17 with paragraph (1), and does not have a plan ap18 proved by the Secretary under section 1114(b)(2), 

19 the public school shall develop and adopt a com20 prehensive plan for reforming the entire educational 

21 program of the public school that— 

22 ‘‘(A) incorporates— 

23 ‘‘(i) strategies for improving achieve24 ment for all children to meet challenging 


ccoleman on PROD1PC71 with BILLS
325 

•S 1775 IS

1 State student academic achievement stand2 ards as described in section 1111(b); 

3 ‘‘(ii) instruction by highly qualified 

4 staff; 

5 ‘‘(iii) professional development for 

6 teachers in content areas in which the 

7 teachers provide instruction and, where ap8 propriate, professional development for 

9 pupil services personnel, parents, and prin10 cipals, and other staff to enable all chil11 dren in the school to meet the challenging 

12 State student academic achievement stand13 ards as described in section 1111(b); and 

14 ‘‘(iv) activities to ensure that eligible 

15 children who experience difficulty mas16 tering any of the standards described in 

17 section 1111(b) during the course of the 

18 school year shall be provided with effective, 

19 timely additional assistance; 

20 ‘‘(B) describes the school’s use of funds 

21 provided under this subpart and from other 

22 sources to implement the activities described in 

23 subparagraph (A); 

24 ‘‘(C) includes a list of State and local edu25 cational agency programs and other Federal 


ccoleman on PROD1PC71 with BILLS
326 

•S 1775 IS

1 programs that will be included in the schoolwide 

2 program; 

3 ‘‘(D) describes how the school will provide 

4 individual student assessment results, including 

5 an interpretation of those results, to the par6 ents of an eligible child who participates in the 

7 assessment; and 

8 ‘‘(E) describes how and where the school 

9 will obtain technical assistance services and a 

10 description of such services. 

11 ‘‘(3) SPECIAL RULE.—In the case of a public 

12 school operating a schoolwide program under this 

13 subsection, the Secretary may, through publication 

14 of a notice in the Federal Register, exempt child15 centered programs under this section from statutory 

16 or regulatory requirements of any other noncompeti17 tive formula grant program administered by the Sec18 retary, or any discretionary grant program adminis19 tered by the Secretary (other than formula or discre20 tionary grant programs under the Individuals with 

21 Disabilities Education Act), to support the 

22 schoolwide program, if the intent and purposes of 

23 such other noncompetitive or discretionary programs 

24 are met. 

25 ‘‘(c) OPEN ENROLLMENT.— 


ccoleman on PROD1PC71 with BILLS
327 

•S 1775 IS

1 ‘‘(1) IN GENERAL.—In order to be eligible to 

2 carry out a child-centered program under this sub3 part, a State or participating local educational agen4 cy shall operate a statewide or school district wide, 

5 respectively, open enrollment program that permits 

6 parents to enroll their child in any public school in 

7 the State or school district, respectively, if space is 

8 available in the public school and the child meets the 

9 qualifications for attendance at the public school. 

10 ‘‘(2) WAIVER.—The Secretary may waive para11 graph (1) for a State or participating local edu12 cational agency if the State or agency, respectively, 

13 demonstrates that parents served by the State or 

14 agency, respectively— 

15 ‘‘(A) have sufficient options to enroll their 

16 child in multiple public schools; or 

17 ‘‘(B) will have sufficient options to use the 

18 per pupil amount made available under this 

19 subpart to purchase supplemental education 

20 services from multiple tutorial assistance pro21 viders or schools. 

22 ‘‘(d) PARENT INVOLVEMENT.— 

23 ‘‘(1) IN GENERAL.—Any public school receiving 

24 funds under this subpart shall convene an annual 

25 meeting at a convenient time. All parents of eligible 


ccoleman on PROD1PC71 with BILLS
328 

•S 1775 IS

1 children shall be invited and encouraged to attend 

2 the meeting, in order to explain to the parents the 

3 activities assisted under this subpart and the re4 quirements of this subpart. At the meeting, the pub5 lic school shall explain to parents how the school will 

6 use funds provided under this subpart to enable eli7 gible children enrolled at the school to meet chal8 lenging State student academic achievement stand9 ards as described in section 1111(b). In addition, 

10 the public school shall inform parents of their right 

11 to choose to use the per pupil amount described in 

12 subsection (a) to purchase supplemental education 

13 services from a tutorial assistance provider or an14 other public school. 

15 ‘‘(2) INFORMATION.—Any public school receiv16 ing funds under this subpart shall provide to parents 

17 a description and explanation of the curriculum in 

18 use at the school, the forms of assessment used to 

19 measure student progress, and the proficiency levels 

20 students are expected to meet. 

21 ‘‘SEC. 6175. APPLICATION. 

22 ‘‘(a) IN GENERAL.—Each State or participating local 

23 educational agency desiring to carry out a child-centered 

24 program under this subpart shall submit an application 

25 to the Secretary at such time, in such manner, and accomVerDate Aug 31 2005 04:05 Jul 14, 2007 Jkt 059200 PO 00000 Frm 00328 Fmt 6652 Sfmt 6201 E:\BILLS\S1775.IS S1775

ccoleman on PROD1PC71 with BILLS
329 

•S 1775 IS

1 panied by such information as the Secretary may require. 

2 Each such application shall contain— 

3 ‘‘(1) documentation that the State is in compli4 ance with subsections (a) and (b) of section 1111; 

5 ‘‘(2) a detailed description of the program to be 

6 assisted, including an assurance that— 

7 ‘‘(A) the per pupil amount established 

8 under section 6174(a) will follow each eligible 

9 child described in that section to the public 

10 school or tutorial assistance provider of the par11 ent or guardian’s choice; 

12 ‘‘(B) funds made available under this sub13 part will be spent in accordance with the re14 quirements of this subpart; and 

15 ‘‘(C) parents have the option to use the per 

16 pupil amount to purchase supplemental edu17 cation services for their children from a wide 

18 variety of tutorial assistance providers and 

19 schools; 

20 ‘‘(3) an assurance that the State or partici21 pating local educational agency will publish in a 

22 widely read or distributed medium an annual report 

23 card that contains— 

24 ‘‘(A) information regarding the academic 

25 progress of all students served by the State or 


ccoleman on PROD1PC71 with BILLS
330 

•S 1775 IS

1 participating local educational agency in meet2 ing challenging State student academic achieve3 ment standards as described in section 1111(b), 

4 including students assisted under this subpart, 

5 with results disaggregated as described in sec6 tion 1111(b)(2)(C)(v)(II); and 

7 ‘‘(B) such other information as the State 

8 or participating local educational agency may 

9 require; 

10 ‘‘(4) a description of how the State or partici11 pating local educational agency will make available, 

12 to parents of children participating in the child-cen13 tered program, annual school report cards, with re14 sults disaggregated as described in section 

15 1111(b)(2)(C)(v)(II) for schools in the State or in 

16 the school district of the participating local edu17 cational agency; 

18 ‘‘(5) in the case of an application from a par19 ticipating local educational agency, an assurance 

20 that the participating local educational agency has 

21 notified the State regarding the submission of the 

22 application; 

23 ‘‘(6) a description of specific measurable objec24 tives for improving the student achievement on chal25 lenging State student academic achievement standVerDate Aug 31 2005 04:05 Jul 14, 2007 Jkt 059200 PO 00000 Frm 00330 Fmt 6652 Sfmt 6201 E:\BILLS\S1775.IS S1775

ccoleman on PROD1PC71 with BILLS
331 

•S 1775 IS

1 ards as defined in section 1111(b) of students served 

2 under this subpart; and 

3 ‘‘(7) a description of the process by which the 

4 State or participating local educational agency will 

5 measure progress in meeting the objectives. 

6 ‘‘SEC. 6176. ADMINISTRATIVE PROVISIONS. 

7 ‘‘(a) PROGRAM DURATION.—A State or participating 

8 local educational agency shall carry out a child-centered 

9 program under this subpart for a period of 5 years. 

10 ‘‘(b) ADMINISTRATIVE COSTS.—A State may reserve 

11 2 percent of the funds made available to the State under 

12 this subpart, and a participating local educational agency 

13 may reserve 5 percent of the funds made available to the 

14 participating local educational agency under this subpart, 

15 to pay the costs of administrative expenses of the child16 centered program. The costs may include costs of pro17 viding technical assistance to schools receiving funds 

18 under this subpart, in order to increase the opportunity 

19 for all students in the schools to meet the challenging 

20 State student academic achievement standards as de21 scribed in section 1111(b). The technical assistance may 

22 be provided directly by the State educational agency, local 

23 educational agency, or, with a local educational agency’s 

24 approval, by an institution of higher education, by a pri25 vate nonprofit organization, by an educational service 


ccoleman on PROD1PC71 with BILLS
332 

•S 1775 IS

1 agency, or by another entity with experience in helping 

2 schools improve student achievement. 

3 ‘‘(c) REPORTS.— 

4 ‘‘(1) ANNUAL REPORTS.— 

5 ‘‘(A) IN GENERAL.—The State educational 

6 agency serving each State, and each partici7 pating local educational agency, carrying out a 

8 child-centered program under this subpart shall 

9 submit to the Secretary an annual report, that 

10 is consistent with data provided under section 

11 6175(a)(2)(A), regarding the performance of el12 igible children receiving supplemental education 

13 services under this subpart. 

14 ‘‘(B) DATA.—Not later than 2 years after 

15 establishing a child-centered program under 

16 this subpart and each year thereafter, each 

17 State or participating local educational agency 

18 shall include in the annual report data on stu19 dent achievement for eligible children served 

20 under this subpart with results disaggregated 

21 as described in section 1111(b)(2)(C)(v)(II), 

22 demonstrating the degree to which measurable 

23 progress has been made toward meeting the ob24 jectives described in section 6175(a)(6). 


ccoleman on PROD1PC71 with BILLS
333 

•S 1775 IS

1 ‘‘(C) DATA ASSURANCES.—Each annual 

2 report shall include— 

3 ‘‘(i) an assurance from the managers 

4 of the child-centered program that data 

5 used to measure student achievement 

6 under subparagraph (B) is reliable, com7 plete, and accurate, as determined by the 

8 State or participating local educational 

9 agency; or 

10 ‘‘(ii) a description of a plan for im11 proving the reliability, completeness, and 

12 accuracy of such data as determined by the 

13 State or participating local educational 

14 agency. 

15 ‘‘(2) SECRETARY’S REPORT.—The Secretary 

16 shall make each annual report available to Congress 

17 and the public. 

18 ‘‘(d) TERMINATION.—Three years after the date a 

19 State or participating local educational agency establishes 

20 a child-centered program under this subpart the Secretary 

21 shall review the performance of the State or participating 

22 local educational agency in meeting the objectives de23 scribed in section 6175(a)(6). The Secretary, after pro24 viding notice and an opportunity for a hearing, may termi25 nate the authority of the State or participating local eduVerDate Aug 31 2005 04:05 Jul 14, 2007 Jkt 059200 PO 00000 Frm 00333 Fmt 6652 Sfmt 6201 E:\BILLS\S1775.IS S1775

ccoleman on PROD1PC71 with BILLS
334 

•S 1775 IS

1 cational agency to operate a child-centered program under 

2 this subpart if the State or participating local educational 

3 agency submitted data that indicated the State or partici4 pating local educational agency has not made any progress 

5 in meeting the objectives. 

6 ‘‘(e) TREATMENT OF AMOUNTS RECEIVED.—The per 

7 pupil amount provided under this subpart for an eligible 

8 child shall not be treated as income of the eligible child 

9 or the parent of the eligible child for purposes of Federal 

10 tax laws, or for determining the eligibility for or amount 

11 of any other Federal assistance. 

12 ‘‘SEC. 6177. EVALUATION. 

13 ‘‘(a) ANNUAL EVALUATION.— 

14 ‘‘(1) CONTRACT.—The Inspector General of the 

15 Department shall enter into a contract, with an eval16 uating entity that has demonstrated experience in 

17 conducting evaluations, for the conduct of an ongo18 ing rigorous evaluation of child-centered programs 

19 under this subpart. 

20 ‘‘(2) ANNUAL EVALUATION REQUIREMENT.— 

21 The contract described in paragraph (1) shall re22 quire the evaluating entity entering into such con23 tract to annually evaluate each child-centered pro24 gram under this subpart in accordance with the eval25 uation criteria described in subsection (b). 


ccoleman on PROD1PC71 with BILLS
335 

•S 1775 IS

1 ‘‘(3) TRANSMISSION.—The contract described 

2 in paragraph (1) shall require the evaluating entity 

3 entering into such contract to transmit to the In4 spector General of the Department the findings of 

5 each annual evaluation under paragraph (2). 

6 ‘‘(b) EVALUATION CRITERIA.—The Inspector Gen7 eral of the Department, in consultation with the Secretary, 

8 shall establish minimum criteria for evaluating the child9 centered programs under this subpart. Such criteria shall 

10 provide for a description of— 

11 ‘‘(1) the implementation of each child-centered 

12 program under this subpart; 

13 ‘‘(2) the effects of the programs on the level of 

14 parental participation and satisfaction with the pro15 grams; and 

16 ‘‘(3) the effects of the programs on the edu17 cational achievement of eligible children partici18 pating in the programs. 

19 ‘‘SEC. 6178. REPORTS. 

20 ‘‘(a) REPORTS BY INSPECTOR GENERAL.— 

21 ‘‘(1) INTERIM REPORTS.—Three years after the 

22 date of enactment of the No Child Left Behind Act 

23 of 2007 the Inspector General of the Department 

24 shall submit an interim report to Congress on the 

25 findings of the annual evaluations under section 


ccoleman on PROD1PC71 with BILLS
336 

•S 1775 IS

1 6177(a) for each child-centered program assisted 

2 under this subpart. The report shall contain a copy 

3 of the annual evaluation under section 6177(a) of 

4 each child-centered program under this subpart. 

5 ‘‘(2) FINAL REPORT.—The Inspector General of 

6 the Department shall submit a final report to Con7 gress, not later than March 1, 2013, that summa8 rizes the findings of the annual evaluations under 

9 section 6177(a).’’. 

10 PART B—RURAL EDUCATION INITIATIVE 

11 Subpart 1—Small, Rural School Achievement 

12 Program 

13 SEC. 6211. REDESIGNATION. 

14 Subpart 1 of part B of title VI (20 U.S.C. 7345 et 

15 seq.) is amended— 

16 (1) by striking section 6211; and 

17 (2) by redesignating sections 6212 and 6213 as 

18 sections 6211 and 6212, respectively. 

19 SEC. 6212. GRANT PROGRAMS AUTHORIZED. 

20 Section 6211 (as redesignated by section 6211(2)) 

21 (20 U.S.C. 7345a) is amended— 

22 (1) by redesignating subsections (c) and (d) as 

23 subsections (f) and (g), respectively; 

24 (2) in subsection (a), by striking ‘‘to eligible’’ 

25 and all that follows through ‘‘carry out’’ and insertVerDate Aug 31 2005 04:05 Jul 14, 2007 Jkt 059200 PO 00000 Frm 00336 Fmt 6652 Sfmt 6201 E:\BILLS\S1775.IS S1775

ccoleman on PROD1PC71 with BILLS
337 

•S 1775 IS

1 ing ‘‘to State educational agencies to enable the 

2 State educational agencies to award grants to eligi3 ble local educational agencies in the State for car4 rying out’’; and 

5 (3) by striking subsection (b) and inserting the 

6 following: 

7 ‘‘(b) ALLOCATION.— 

8 ‘‘(1) IN GENERAL.—The Secretary shall award 

9 grants under this subpart to State educational agen10 cies with approved applications, in order to enable 

11 the State educational agencies to award grants to el12 igible local educational agencies in the State for the 

13 activities described in subsection (a). 

14 ‘‘(2) STATE EDUCATIONAL AGENCY ALLOCA15 TION.— 

16 ‘‘(A) ALLOCATION BY THE SECRETARY.— 

17 Except as provided in paragraph (3), the Sec18 retary shall allot to each State educational 

19 agency with an approved application for a fiscal 

20 year an amount that bears the same ratio to 

21 the total amount available as the number of 

22 students in average daily attendance during 

23 that fiscal year who are served by eligible local 

24 educational agencies in the State bears to the 


ccoleman on PROD1PC71 with BILLS
338 

•S 1775 IS

1 number of all such students in all States during 

2 that fiscal year. 

3 ‘‘(B) ALLOCATION BY THE STATE EDU4 CATIONAL AGENCY.—Each State educational 

5 agency receiving funds under subparagraph (A) 

6 shall allocate to the eligible local educational 

7 agencies in that State the amount determined 

8 under paragraph (4). 

9 ‘‘(3) SPECIALLY QUALIFIED AGENCIES.— 

10 ‘‘(A) ELIGIBILITY AND APPLICATION.—If a 

11 State educational agency elects not to partici12 pate in the program under this subpart, or does 

13 not have its application submitted under this 

14 subsection approved for a fiscal year, a specially 

15 qualified agency in the State desiring a grant 

16 under this subpart may submit an application 

17 for an award under this subpart directly to the 

18 Secretary. 

19 ‘‘(B) DIRECT AWARDS.—The Secretary 

20 may award, on a competitive basis or by for21 mula, a grant in the amount the State edu22 cational agency is eligible to receive under para23 graph (2) directly to a specially qualified agency 

24 in the State that has submitted an application 


ccoleman on PROD1PC71 with BILLS
339 

•S 1775 IS

1 in accordance with subparagraph (A) and ob2 tained approval of that application. 

3 ‘‘(C) SPECIALLY QUALIFIED AGENCY DE4 FINED.—In this subpart, the term ‘specially 

5 qualified agency’ means an eligible local edu6 cational agency served by a State educational 

7 agency that does not participate in a program 

8 under this subpart in a fiscal year. 

9 ‘‘(4) LOCAL EDUCATIONAL AGENCY ALLOCA10 TION.— 

11 ‘‘(A) IN GENERAL.—Except as provided in 

12 subparagraph (C), a State educational agency 

13 that receives a grant under this subpart for a 

14 fiscal year shall allocate to an eligible local edu15 cational agency in the State for such fiscal year 

16 an amount equal to the initial amount deter17 mined under subparagraph (B) for that fiscal 

18 year. 

19 ‘‘(B) DETERMINATION OF INITIAL

20 AMOUNT.—The initial amount referred to in 

21 subparagraph (A) is equal to $100 multiplied 

22 by the total number of students in excess of 50 

23 students who are in average daily attendance at 

24 the schools served by the local educational 


ccoleman on PROD1PC71 with BILLS
340 

•S 1775 IS

1 agency, plus $5,000, except that the initial 

2 amount may not exceed $60,000. 

3 ‘‘(C) ADJUSTMENTS.— 

4 ‘‘(i) RATABLE ADJUSTMENTS.—If the 

5 amount made available to carry out this 

6 section for any fiscal year is not sufficient 

7 to pay in full the amounts that local edu8 cational agencies are eligible to receive 

9 under subparagraph (B) for such year, the 

10 Secretary shall ratably reduce those 

11 amounts for that year. 

12 ‘‘(ii) ADJUSTMENTS FOR ADDITIONAL

13 AMOUNTS.—If additional funds become 

14 available for making payments under sub15 paragraph (B) for that fiscal year, pay16 ments that were reduced under clause (i) 

17 shall be increased on the same basis as 

18 such payments were reduced. 

19 ‘‘(c) APPLICATION.— 

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

21 that desires to receive a grant under this subpart 

22 shall submit an application at such time, in such 

23 form, and containing such information as the Sec24 retary may require. 


ccoleman on PROD1PC71 with BILLS
341 

•S 1775 IS

1 ‘‘(2) AVERAGE DAILY ATTENDANCE.—An appli2 cation submitted by a State educational agency 

3 under this subpart shall include the total number of 

4 students in average daily attendance at all of the 

5 schools served by each eligible local educational 

6 agency in the State. 

7 ‘‘(3) COMBINED APPLICATION.—A State edu8 cational agency that desires to participate in the 

9 programs under this subpart and subpart 2 may 

10 submit a combined application for grants under both 

11 subparts that includes such terms and conditions as 

12 the Secretary may require. 

13 ‘‘(d) ADMINISTRATIVE COSTS AND TECHNICAL AS14 SISTANCE.—A State educational agency that receives a 

15 grant under this subpart may use not more than 3 percent 

16 of the amount of the grant— 

17 ‘‘(1) for State administrative costs for the pro18 gram under this subpart; or 

19 ‘‘(2) to provide technical assistance to eligible 

20 local educational agencies. 

21 ‘‘(e) LOCAL EDUCATIONAL AGENCY ELIGIBILITY.— 

22 ‘‘(1) IN GENERAL.—A local educational agency 

23 shall be eligible to receive an allocation from a State 

24 educational agency under this subpart if— 


ccoleman on PROD1PC71 with BILLS
342 

•S 1775 IS

1 ‘‘(A)(i)(I) the total number of students in 

2 average daily attendance at each school served 

3 by the local educational agency is fewer than 

4 600; or 

5 ‘‘(II) each county or locale in which a 

6 school served by the local educational agency is 

7 located has a total population density of fewer 

8 than 10 persons per square mile; and 

9 ‘‘(ii) each of the schools served by the local 

10 educational agency is designated with a school 

11 locale code of 41, 42, or 43, as determined by 

12 the Secretary; or 

13 ‘‘(B) the agency meets either of the cri14 teria established in subclause (I) or (II) of sub15 paragraph (A)(i) and the Secretary, in accord16 ance with paragraph (2), grants the State edu17 cational agency’s request to waive the criteria 

18 described in subparagraph (A)(ii). 

19 ‘‘(2) CERTIFICATION.—The Secretary shall de20 termine whether to waive the criteria described in 

21 paragraph (1)(A)(ii) based on a demonstration by 

22 the State educational agency that the local edu23 cational agency is located in an area defined as rural 

24 by a governmental agency of the State.’’. 


ccoleman on PROD1PC71 with BILLS
343 

•S 1775 IS

1 SEC. 6213. ACCOUNTABILITY. 

2 Section 6212(b) (as redesignated by section 6211(2)) 

3 (20 U.S.C. 7345b(b)) is amended in the matter preceding 

4 paragraph (1) by striking ‘‘the provisions of law described 

5 in section 6211(c)’’ and inserting ‘‘this subpart’’. 

6 Subpart 2—Rural and Low-Income School Program 

7 SEC. 6221. PROGRAM AUTHORIZED. 

8 Section 6221 (20 U.S.C. 7351) is amended— 

9 (1) in subsection (a)(1), by striking ‘‘section 

10 6234’’ and inserting ‘‘section 6244’’; 

11 (2) in subsection (b)(1)(B), by striking ‘‘6, 7, 

12 or 8’’ and inserting ‘‘41, 42, or 43’’; and 

13 (3) in subsection (c), by striking ‘‘section 6234’’ 

14 and inserting ‘‘section 6244’’. 

15 SEC. 6222. ACCOUNTABILITY. 

16 Section 6224(c) (20 U.S.C. 7351c(c)) is amended in 

17 the matter preceding paragraph (1) by striking ‘‘the 

18 Workforce’’ and inserting ‘‘Labor’’. 

19 Subpart 3—Alternate Uses of Funds 

20 SEC. 6231. USE OF APPLICABLE FUNDING. 

21 Part B of title VI (as amended by this part) (20 

22 U.S.C. 7341 et seq.) is further amended— 

23 (1) by redesignating subpart 3 as subpart 4; 

24 (2) by redesignating sections 6231 through 

25 6234 as sections 6241 through 6244, respectively; 

26 and 


ccoleman on PROD1PC71 with BILLS
344 

•S 1775 IS

1 (3) by inserting after section 6224 the fol2 lowing: 

3 ‘‘Subpart 3—Alternate Uses of Funds 

4 ‘‘SEC. 6231. USE OF APPLICABLE FUNDING. 

5 ‘‘(a) ALTERNATIVE USES.— 

6 ‘‘(1) IN GENERAL.—Notwithstanding any other 

7 provision of law, an eligible local educational agency 

8 may use the applicable funding, as defined in sub9 section (c), that the agency is eligible to receive from 

10 the State educational agency for a fiscal year to 

11 carry out local activities authorized under any of the 

12 following provisions: 

13 ‘‘(A) Part A of title I. 

14 ‘‘(B) Part A or D of title II. 

15 ‘‘(C) Title III. 

16 ‘‘(D) Part A or B of title IV. 

17 ‘‘(E) Part A of title V. 

18 ‘‘(2) NOTIFICATION.—An eligible local edu19 cational agency shall notify the State educational 

20 agency of the local educational agency’s intention to 

21 use the applicable funding in accordance with para22 graph (1), by a date that is established by the State 

23 educational agency for the notification. 


ccoleman on PROD1PC71 with BILLS
345 

•S 1775 IS

1 ‘‘(b) ELIGIBILITY.—A local educational agency that 

2 is eligible to receive funds under subpart 1 or 2 may use 

3 the applicable funding in accordance with subsection (a). 

4 ‘‘(c) APPLICABLE FUNDING DEFINED.—In this sec5 tion, the term ‘applicable funding’ means funds provided 

6 under any of the following provisions: 

7 ‘‘(1) Subpart 2 and section 2412(a)(2)(A) of 

8 title II. 

9 ‘‘(2) Section 4114. 

10 ‘‘(3) Part A of title V. 

11 ‘‘(d) DISBURSEMENT.—Each State educational agen12 cy that receives applicable funding for a fiscal year shall 

13 disburse the applicable funding to local educational agen14 cies for alternative uses under this section for the fiscal 

15 year at the same time as the State educational agency dis16 burses the applicable funding to local educational agencies 

17 that do not intend to use the applicable funding for such 

18 alternative uses for the fiscal year. 

19 ‘‘(e) APPLICABLE RULES.—Applicable funding under 

20 this section shall be available to carry out local activities 

21 authorized under subsection (a).’’. 


ccoleman on PROD1PC71 with BILLS
346 

•S 1775 IS

1 Subpart 4—General Provisions 

2 SEC. 6241. ANNUAL AVERAGE DAILY ATTENDANCE DETER3 MINATION. 

4 Section 6241(b) (20 U.S.C. 7355(b)) (as redesig5 nated by section 6231(2)) is amended— 

6 (1) by striking ‘‘additional funds under section 

7 6212 or subpart 2’’ and inserting ‘‘additional funds 

8 under this part’’; and 

9 (2) by striking ‘‘received under section 6212 or 

10 subpart 2’’ and inserting ‘‘received under this part’’. 

11 SEC. 6242. SUPPLEMENT, NOT SUPPLANT. 

12 Section 6242 (20 U.S.C. 7355a) (as redesignated by 

13 section 6231(2)) is amended by striking ‘‘subpart 1 or 

14 subpart 2’’ and inserting ‘‘this part’’. 

15 SEC. 6243. AUTHORIZATION OF APPROPRIATIONS. 

16 Section 6244 (20 U.S.C. 7355c) (as redesignated by 

17 section 6201(2)) is amended by striking ‘‘2002’’ and in18 serting ‘‘2008’’. 

19 TITLE VII—INDIAN, NATIVE HA20 WAIIAN, AND ALASKA NATIVE 

21 EDUCATION 

22 PART A—INDIAN EDUCATION 

23 SEC. 7101. PURPOSE. 

24 Section 7102(b)(3) (20 U.S.C. 7402(b)(3)) is amend25 ed by striking ‘‘, and in other professions serving Indian 

26 people’’. 


ccoleman on PROD1PC71 with BILLS
347 

•S 1775 IS

1 Subpart 1—Formula Grants to Local Educational 

2 Agencies 

3 SEC. 7111. PURPOSE. 

4 Section 7111(2) (20 U.S.C. 7421(2)) is amended by 

5 striking ‘‘those standards’’ and inserting ‘‘the same chal6 lenging State student academic achievement standards as 

7 all children are expected to meet, consistent with section 

8 1111’’. 

9 SEC. 7112. GRANTS TO LOCAL EDUCATIONAL AGENCIES 

10 AND TRIBES. 

11 Subsection (b) of section 7112 (20 U.S.C. 7422(b)) 

12 is amended to read as follows: 

13 ‘‘(b) ENROLLMENT REQUIREMENT FOR LOCAL EDU14 CATIONAL AGENCIES.— 

15 ‘‘(1) GENERAL RULE.—Beginning with grants 

16 awarded under this subpart for fiscal year 2009 and 

17 all succeeding fiscal years, a local educational agency 

18 shall be eligible for such grant for the fiscal year if 

19 the number of Indian children eligible under section 

20 7117 who were enrolled in the schools of the agency, 

21 and to whom the agency provided free public edu22 cation during the preceding fiscal year, was not less 

23 than 20. 

24 ‘‘(2) RULE FOR FISCAL YEAR 2008.—For grants 

25 awarded under this subpart for fiscal year 2008, a 

26 local educational agency’s enrollment requirements 


ccoleman on PROD1PC71 with BILLS
348 

•S 1775 IS

1 shall be determined pursuant to this subsection, as 

2 this subsection was in effect on the day before the 

3 date of enactment of the No Child Left Behind Act 

4 of 2007.’’. 

5 SEC. 7113. AMOUNT OF GRANTS. 

6 Section 7113 (20 U.S.C. 7423) is amended— 

7 (1) in subsection (a)(2), by striking ‘‘subsection 

8 (e)’’ and inserting ‘‘subsection (d)’’; 

9 (2) in subsection (b)(1), by striking ‘‘subsection 

10 (e)’’ and inserting ‘‘subsection (d)’’; 

11 (3) by striking subsection (c); 

12 (4) by redesignating subsections (d) and (e) as 

13 subsections (c) and (d), respectively; 

14 (5) in the matter preceding subparagraph (A) 

15 of subsection (c)(1) (as redesignated by paragraph 

16 (4)), by striking ‘‘subsection (e)’’ and inserting 

17 ‘‘subsection (d)’’; and 

18 (6) in subsection (d) (as redesignated by para19 graph (4)), by striking ‘‘subsection (d)’’ and insert20 ing ‘‘subsection (c)’’. 

21 SEC. 7114. REPORT ON OBSTACLES TO PROGRAM INTEGRA22 TION. 

23 Subsection (o) of section 7116 (20 U.S.C. 7426(o)) 

24 is amended to read as follows: 


ccoleman on PROD1PC71 with BILLS
349 

•S 1775 IS

1 ‘‘(o) REPORT ON STATUTORY OBSTACLES TO PRO2 GRAM INTEGRATION.—Not later than 5 years after the 

3 date of enactment of the No Child Left Behind Act of 

4 2007, the Secretary shall submit a report to the Com5 mittee on Education and Labor and the Committee on Re6 sources of the House of Representatives and the Com7 mittee on Health, Education, Labor, and Pensions and the 

8 Committee on Indian Affairs of the Senate on the results 

9 of the implementation of the demonstration projects au10 thorized under this section. Such report shall identify stat11 utory barriers to the ability of participants to integrate 

12 more effectively their education and related services to In13 dian students in a manner consistent with the objectives 

14 of this section.’’. 

15 SEC. 7115. STUDENT ELIGIBILITY. 

16 Section 7117 (20 U.S.C. 7427) is amended— 

17 (1) in subsection (b)(1)— 

18 (A) in subparagraph (A)(ii), by striking 

19 ‘‘enrollment number establishing the member20 ship of the child (if readily available)’’ and in21 serting ‘‘enrollment or membership number es22 tablishing the membership of the child’’; and 

23 (B) in subparagraph (B), by striking ‘‘en24 rollment number (if readily available)’’ and in25 serting ‘‘enrollment or membership number’’; 


ccoleman on PROD1PC71 with BILLS
350 

•S 1775 IS

1 (2) by striking subsection (d); 

2 (3) by redesignating subsections (e) through (h) 

3 as subsections (d) through (g), respectively; 

4 (4) in subsection (d) (as redesignated by para5 graph (3))— 

6 (A) by striking the second sentence; 

7 (B) by striking ‘‘DOCUMENTATION—For 

8 purposes’’ and inserting ‘‘DOCUMENTATION— 

9 ‘‘(1) TYPE OF PROOF.—For purposes;’’; and 

10 (C) by adding at the end the following: 

11 ‘‘(2) PREVIOUSLY FILED FORMS.—All Indian 

12 student eligibility forms that were on file as required 

13 by this section before the date of enactment of the 

14 No Child Left Behind Act of 2007 and that met the 

15 requirements of this section, as this section was in 

16 effect on the day before the date of enactment of 

17 such Act, shall remain valid for such Indian stu18 dents.’’; 

19 (5) in subsection (e)(1) (as redesignated by 

20 paragraph (3))— 

21 (A) by striking subparagraph (B); and 

22 (B) by striking ‘‘IN GENERAL.—’’ and all 

23 that follows through ‘‘For each’’ and inserting 

24 ‘‘IN GENERAL.—For each’’; and 


ccoleman on PROD1PC71 with BILLS
351 

•S 1775 IS

1 (6) in the matter preceding paragraph (1) of 

2 subsection (g) (as redesignated by paragraph (3)), 

3 by striking ‘‘subsection (g)(1)’’ and inserting ‘‘sub4 section (f)(1)’’. 

5 Subpart 2—Definitions; Authorization of 

6 Appropriations 

7 SEC. 7121. DEFINITIONS. 

8 Section 7151 (20 U.S.C. 7451) is amended— 

9 (1) by striking paragraph (2); 

10 (2) by redesignating paragraph (3) as para11 graph (2); and 

12 (3) in paragraph (2) (as redesignated by para13 graph (2))— 

14 (A) in subparagraph (C), by inserting ‘‘or’’ 

15 after the semicolon; 

16 (B) in subparagraph (D), by striking ‘‘; 

17 or’’ and inserting a period; and 

18 (C) by striking subparagraph (E). 

19 SEC. 7122. AUTHORIZATION OF APPROPRIATIONS. 

20 Section 7152 (20 U.S.C. 7452) is amended— 

21 (1) in subsection (a), by striking ‘‘2002’’ and 

22 inserting ‘‘2008’’; and 

23 (2) in subsection (b), by striking ‘‘2002’’ and 

24 inserting ‘‘2008’’. 


ccoleman on PROD1PC71 with BILLS
352 

•S 1775 IS

1 Subpart 3—Additional Amendments 

2 SEC. 7131. DEPARTMENT OF INTERIOR SCHOOLS. 

3 Part A of title VII (as amended by this part) (20 

4 U.S.C. 7401 et seq.) is further amended— 

5 (1) in section 7113 (20 U.S.C. 7423)— 

6 (A) in the subsection heading of subsection 

7 (c) (as redesignated by section 7113(4)), by 

8 striking ‘‘BUREAU OF INDIAN AFFAIRS’’ and 

9 inserting ‘‘DEPARTMENT OF THE INTERIOR’’; 

10 and 

11 (B) by striking ‘‘Bureau of Indian Affairs’’ 

12 each place the term appears and inserting ‘‘De13 partment of the Interior’’; 

14 (2) in section 7117(f) (as redesignated by sec15 tion 7115(3)) (20 U.S.C. 7427(f))— 

16 (A) in the matter preceding paragraph (1), 

17 by striking ‘‘Bureau of Indian Affairs’’ and in18 serting ‘‘Department of the Interior’’; and 

19 (B) in paragraph (1), by striking ‘‘Bu20 reau.’’ and inserting ‘‘Department of the Inte21 rior.’’; 

22 (3) in section 7122(b)(4) (20 U.S.C. 

23 7442(b)(4)), by striking ‘‘section 1146’’ and insert24 ing ‘‘1141’’; 

25 (4) in section 7132(a)(2)(C) (20 U.S.C. 

26 7452(a)(2)(C)), by striking ‘‘Bureau of Indian AfVerDate Aug 31 2005 04:05 Jul 14, 2007 Jkt 059200 PO 00000 Frm 00352 Fmt 6652 Sfmt 6201 E:\BILLS\S1775.IS S1775

ccoleman on PROD1PC71 with BILLS
353 

•S 1775 IS

1 fairs’’ and inserting ‘‘Department of the Interior’’; 

2 and 

3 (5) in section 7134(d) (20 U.S.C. 7454(d))— 

4 (A) in paragraph (1), by striking ‘‘Bureau 

5 of Indian Affairs’’ and inserting ‘‘Department 

6 of the Interior’’; 

7 (B) in paragraph (7)(A), by striking ‘‘Bu8 reau schools’’ and inserting ‘‘Department of the 

9 Interior schools’’; and 

10 (C) by striking ‘‘Bureau school’’ each place 

11 the term appears and inserting ‘‘Department of 

12 the Interior school’’. 

13 PART B—NATIVE HAWAIIAN EDUCATION 

14 SEC. 7201. REPORT DATE FOR NATIVE HAWAIIAN EDU15 CATION COUNCIL AND ISLAND COUNCILS. 

16 Section 7204(i) (20 U.S.C. 7514(i)) is amended by 

17 striking ‘‘2001’’ and inserting ‘‘2007’’. 

18 SEC. 7202. PROGRAM AUTHORIZED. 

19 Section 7205 (20 U.S.C. 7515) is amended— 

20 (1) in subsection (a)(1)(H)(iii), by striking ‘‘vo21 cational’’ and inserting ‘‘career and technical’’; and 

22 (2) in subsection (c)— 

23 (A) in paragraph (1), by striking ‘‘2002’’ 

24 and inserting ‘‘2008’’; and 


ccoleman on PROD1PC71 with BILLS
354 

•S 1775 IS

1 (B) in paragraph (2), by striking ‘‘2002’’ 

2 and inserting ‘‘2008’’. 

3 PART C—ALASKA NATIVE EDUCATION 

4 SEC. 7301. PROGRAM AUTHORIZED. 

5 Section 7304 (20 U.S.C. 7544) is amended— 

6 (1) in subsection (a)(2)— 

7 (A) in subparagraph (N), by striking 

8 ‘‘Even Start programs carried out under sub9 part 3 of part B of title I and’’; and 

10 (B) in subparagraph (S), by striking ‘‘vo11 cational’’ and inserting ‘‘career and technical 

12 education’’; and 

13 (2) in subsection (d)(1), by striking ‘‘2002’’ 

14 and inserting ‘‘2008’’. 

15 TITLE VIII—IMPACT AID 

16 PROGRAM 

17 SEC. 8101. IMPACT AID. 

18 (a) AMENDMENTS.—Section 8014 (20 U.S.C. 7714) 

19 is amended— 

20 (1) in subsection (a)— 

21 (A) by striking ‘‘$32,000,000’’ and insert22 ing ‘‘$64,500,000’’; 

23 (B) by striking ‘‘2000’’ and inserting 

24 ‘‘2008’’; and 

25 (C) by striking ‘‘seven’’ and inserting ‘‘5’’; 


ccoleman on PROD1PC71 with BILLS
355 

•S 1775 IS

1 (2) in subsection (b)— 

2 (A) by striking ‘‘$809,400,000’’ and in3 serting ‘‘$1,100,000,000’’; 

4 (B) by striking ‘‘2000’’ and inserting 

5 ‘‘2008’’; and 

6 (C) by striking ‘‘seven’’ and inserting ‘‘5’’; 

7 (3) in subsection (c)— 

8 (A) by striking ‘‘2000’’ and inserting 

9 ‘‘2008’’; and 

10 (B) by striking ‘‘seven’’ and inserting ‘‘5’’; 

11 (4) by striking subsection (e) and inserting the 

12 following: 

13 ‘‘(d) CONSTRUCTION.—For the purpose of carrying 

14 out section 8007, there are authorized to be appropriated 

15 $20,000,000 for fiscal year 2008 and such sums as may 

16 be necessary for each of the 5 succeeding fiscal years.’’; 

17 (5) by redesignating subsection (f) as sub18 section (e); and 

19 (6) in subsection (e) (as redesignated by para20 graph (5))— 

21 (A) by striking ‘‘2000’’ and inserting 

22 ‘‘2008’’; and 

23 (B) by striking ‘‘seven’’ and inserting ‘‘5’’. 

24 (b) CONFORMING AMENDMENTS.— 


ccoleman on PROD1PC71 with BILLS
356 

•S 1775 IS

1 (1) CONSTRUCTION.—Section 8007 (20 U.S.C. 

2 7707) is amended— 

3 (A) in subsection (a)(1), by striking 

4 ‘‘8014(e)’’ and inserting ‘‘8014(d)’’; 

5 (B) in subsection (a)(3)(A)(i)— 

6 (i) by striking ‘‘(i)(II) 20 percent’’ 

7 and inserting ‘‘(i)(I) 20 percent’’; and 

8 (ii) by striking ‘‘8014(e)’’ and insert9 ing ‘‘8014(d)’’; 

10 (C) in subsection (a)(3)(B)(i)(I), by strik11 ing ‘‘8014(e)’’ and inserting ‘‘8014(d)’’; and 

12 (D) in the matter preceding subparagraph 

13 (A) of subsection (b)(1), by striking ‘‘8014(e)’’ 

14 and inserting ‘‘8014(d)’’. 

15 (2) FACILITIES.—Section 8008(a) (20 U.S.C. 

16 7008(a)) is amended by striking ‘‘8014(f)’’ and in17 serting ‘‘8014(e)’’. 

18 TITLE IX—GENERAL 

19 PROVISIONS 

20 SEC. 9101. DEFINITIONS. 

21 Section 9101 (20 U.S.C. 7801) is amended— 

22 (1) in paragraph (13)— 

23 (A) by striking subparagraphs (B) and 

24 (E); 


ccoleman on PROD1PC71 with BILLS
357 

•S 1775 IS

1 (B) by redesignating subparagraphs (C), 

2 (D), and (F) through (L) as subparagraphs 

3 (B), (C), and (D) through (J), respectively; and 

4 (C) in subparagraph (J) (as redesignated 

5 by subparagraph (B)), by striking ‘‘subpart 2 

6 of’’; 

7 (2) in paragraph (25)(D)— 

8 (A) in clause (i), by inserting ‘‘or’’ after 

9 the semicolon; 

10 (B) in clause (ii), by striking ‘‘; or’’ and 

11 inserting a period; and 

12 (C) by striking clause (iii). 

13 SEC. 9102. CONSOLIDATION OF FUNDING FOR LOCAL AD14 MINISTRATION. 

15 Section 9203(b) (20 U.S.C. 7823(b)) is amended by 

16 striking ‘‘2001’’ and inserting ‘‘2007’’. 

17 SEC. 9103. WAIVERS. 

18 Section 9401(e)(4) (20 U.S.C. 7861(e)(4)) is amend19 ed— 

20 (1) by striking ‘‘Beginning in fiscal year 2002 

21 and for each subsequent year,’’ and inserting ‘‘For 

22 each fiscal year’’; and 

23 (2) by striking ‘‘the Workforce’’ and inserting 

24 ‘‘Labor’’. 


ccoleman on PROD1PC71 with BILLS
358 

•S 1775 IS

1 SEC. 9104. DISASTERS AND EMERGENCIES. 

2 Part D of title IX (20 U.S.C. 7861) is further amend3 ed by adding at the end the following: 

4 ‘‘SEC. 9402. EMERGENCIES AND DISASTERS. 

5 ‘‘(a) IN GENERAL.—Except as provided in subsection 

6 (b), the Secretary may waive or modify, on a case-by-case 

7 basis, any statutory or regulatory requirement of this Act 

8 for a State educational agency, a local educational agency, 

9 or an Indian tribe, or through a local educational agency, 

10 for a school that is directly or indirectly affected by a 

11 major disaster or emergency declared by the President 

12 under the authority of the Robert T. Stafford Disaster Re13 lief and Emergency Assistance Act, or such other emer14 gency situation as the Secretary may determine impedes 

15 the efficient and expeditious provision of assistance to 

16 such entities and the students served by such entities. 

17 ‘‘(b) LIMITATIONS.—The Secretary shall not use the 

18 authority provided in subsection (a) to waive any statutory 

19 or regulatory requirement relating to applicable civil rights 

20 requirements, the prohibition regarding the use of funds 

21 for religious worship or instruction described in section 

22 9505, or the prohibitions against the activities described 

23 in section 9526.’’. 


ccoleman on PROD1PC71 with BILLS
359 

•S 1775 IS

1 SEC. 9105. PARTICIPATION BY PRIVATE SCHOOL CHILDREN 

2 AND TEACHERS. 

3 Section 9501(b)(1)(A) (20 U.S.C. 7881(b)(1)(A)) is 

4 amended by striking ‘‘subparts 1 and 3’’ and inserting 

5 ‘‘subpart 1’’. 

6 SEC. 9106. BY-PASS DETERMINATION PROCESS. 

7 Section 9504(d) (20 U.S.C. 7884(d)) is amended by 

8 striking ‘‘2001’’ and inserting ‘‘2007’’. 

9 TITLE X—MCKINNEY-VENTO 

10 HOMELESS ASSISTANCE ACT 

11 SEC. 10001. SHORT TITLE. 

12 This title may be cited as the ‘‘McKinney-Vento 

13 Homeless Education Assistance Improvements Act of 

14 2007’’. 

15 SEC. 10002. GRANTS FOR STATE AND LOCAL ACTIVITIES. 

16 Section 722(e) of the McKinney-Vento Homeless As17 sistance Act (42 U.S.C. 11432(e)) is amended— 

18 (1) by striking paragraph (1) and inserting the 

19 following: 

20 ‘‘(1) MINIMUM DISBURSEMENTS BY STATES.— 

21 From the sums made available each year to carry 

22 out this subtitle, a State educational agency— 

23 ‘‘(A) may use not more than 25 percent of 

24 the State’s allocation under subsection (c)(1) of 

25 such sums or $85,000, whichever is greater, for 

26 State-level activities; and 


ccoleman on PROD1PC71 with BILLS
360 

•S 1775 IS

1 ‘‘(B) shall distribute the remainder of the 

2 allocation such sums in subgrants to local edu3 cational agencies for the purposes of carrying 

4 out section 723.’’; and 

5 (2) in paragraph (3)— 

6 (A) by striking subparagraph (F); and 

7 (B) by redesignating subparagraph (G) as 

8 subparagraph (F). 

9 SEC. 10003. WAIVERS BY THE SECRETARY. 

10 Section 724 of the McKinney-Vento Homeless Assist11 ance Act (42 U.S.C. 11434) is amended— 

12 (1) by striking subsection (c) and inserting the 

13 following: 

14 ‘‘(c) WAIVER.—The Secretary may waive or modify, 

15 on a case-by-case basis, any statutory or regulatory re16 quirement of this subtitle in response to a major disaster 

17 or emergency designated by the President under the au18 thority of the Robert T. Stafford Disaster Relief and 

19 Emergency Assistance Act (42 U.S.C. 5121 et seq.).’’; 

20 (2) by striking subsection (g); 

21 (3) by redesignating subsections (h) and (i) as 

22 subsections (g) and (h), respectively; and 

23 (4) in subsection (h) (as redesignated by para24 graph (3))— 


ccoleman on PROD1PC71 with BILLS
361 

•S 1775 IS

1 (A) by striking ‘‘2001’’ and inserting 

2 ‘‘2007’’; and 

3 (B) by striking ‘‘the Workforce’’ and in4 serting ‘‘Labor’’. 

5 SEC. 10004. AUTHORIZATION OF APPROPRIATIONS. 

6 Section 726 of the McKinney-Vento Homeless Assist7 ance Act (42 U.S.C. 11435) is amended by striking 

8 ‘‘$70,000,000’’ and all that follows through the period at 

9 the end and inserting ‘‘$70,000,000 for fiscal year 2008 

10 and such sums as may be necessary for each of the suc11 ceeding 5 fiscal years.’’. 

Æ 


ccoleman on PROD1PC71 with BILLS