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[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3869 Introduced in Senate (IS)]

109th CONGRESS
  2d Session
                                S. 3869

  To improve the quality of, and access to, supplemental educational 
         services in an effort to increase student achievement.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

            September 7 (legislative day, September 6), 2006

 Mrs. Clinton introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL

 
  To improve the quality of, and access to, supplemental educational 
         services in an effort to increase student achievement.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Improving the Quality of and Access 
to Supplemental Educational Services Act'' or the ``IQ Act''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) In a study on supplemental educational services for the 
        2005-2006 school year, the Government Accountability Office 
        found that 85 percent of State educational agencies and an 
        estimated 70 percent of local educational agencies reported a 
        lack of capacity to effectively evaluate supplemental 
        educational services. A deficiency in capacity for State 
        educational agencies and local educational agencies causes 
        challenges in monitoring the effectiveness of providers of 
        supplemental educational services, and has resulted in only a 
        few States completing an evaluation addressing the effect of 
        supplemental educational services providers on improving 
        student academic achievement.
            (2) A study of the 2005-2006 school year conducted by the 
        Center on Education Policy found that only 20 percent of the 
        students who were eligible to receive supplemental educational 
        services under title I of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 6301 et seq.) participated in 
        such services.
            (3) An obstacle to realizing the goal of supplemental 
        educational services is the lack in capacity of the providers 
        to offer services that are adequate to fulfill the needs of all 
        students served by the local educational agencies. The Center 
        on Education Policy also found that in 42 percent of local 
        educational agencies surveyed, none of the providers of 
        supplemental educational services could serve students with 
        disabilities, and in 51 percent of the local educational 
        agencies, none of the providers of supplemental educational 
        services could serve students who are limited English 
        proficient.
            (4) Unfortunately, many students served by rural local 
        educational agencies have to traverse hundreds of miles to 
        receive supplemental educational services. The Government 
        Accountability Office found that 20 percent of local 
        educational agencies required to offer supplemental educational 
        services under title I of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 6301 et seq.) had no students 
        receiving such services, and a majority of those local 
        educational agencies were rural or had less than 2,500 enrolled 
        students.

SEC. 3. PURPOSE.

    The purpose of this Act is to improve the quality of, and access 
to, supplemental educational services in order to increase student 
academic achievement.

          TITLE I--PROMOTING HIGH QUALITY ACADEMIC INSTRUCTION

SEC. 101. PROVISION OF SUPPLEMENTAL EDUCATIONAL SERVICES.

    (a) Sense of the Senate.--It is the sense of the Senate that the 
additional administrative funds available to States and local 
educational agencies as a result of the amendments made by subsections 
(c) and (d) should be used--
            (1) by the States to establish and implement an effective 
        evaluation system for supplemental educational services 
        providers that meets the requirements of section 1116(e)(4)(C) 
        of the Elementary and Secondary Education Act of 1965 (as 
        amended by this Act) (20 U.S.C. 6316(e)(4)(C)); and
            (2) by the local educational agencies to effectively 
        implement supplemental educational services under section 
        1116(e) of the Elementary and Secondary Education Act of 1965 
        (as amended by this Act) (20 U.S.C. 6316(e)).
    (b) Services Provided After Identification.--Section 1116(b)(5) of 
the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
6316(b)(5)) is amended--
            (1) in the matter preceding subparagraph (A), by striking 
        ``In the case'' and all that follows through ``paragraph (1),'' 
        and inserting ``In the case of any school served under this 
        part that is identified for school improvement under paragraph 
        (1), by the beginning of the full school year following the 
        identification,''; and
            (2) in subparagraph (A), by striking ``continue to''.
    (c) Amounts for Administration for Local Educational Agencies.--
Section 1116(b)(10) of such Act (20 U.S.C. 6316(b)(10)) is amended by 
adding at the end the following:
                    ``(E) Amounts available for supplemental 
                educational services administration.--Notwithstanding 
                subparagraph (A), a local educational agency may spend 
                not more than a total of 1 percent of the amount 
                described in subparagraph (A) for the administrative 
                costs of implementing supplemental educational services 
                under subsection (e) or public school choice under 
                paragraph (1)(E).
                    ``(F) State administrative amount.--
                            ``(i) In general.--Notwithstanding any 
                        other provision of this part, in the case of a 
                        local educational agency that is required to 
                        provide supplemental educational services under 
                        subsection (e), the State educational agency 
                        that serves the local educational agency may 
                        reserve an amount equal to not more than 1/2 of 
                        1 percent of the amount described in 
                        subparagraph (A) from the local educational 
                        agency's allocation under subpart 2. The State 
                        educational agency shall use such reserved 
                        amount to carry out the State's administrative 
                        duties assigned under parts A, C, and D of this 
                        title with respect to such local educational 
                        agency.
                            ``(ii) Inclusion of funds.--Any amount 
                        reserved from a local educational agency by a 
                        State educational agency under clause (i) shall 
                        be included in calculating the total amount 
                        spent by the local educational agency for the 
                        purposes of this paragraph.''.

SEC. 102. EVALUATION OF SUPPLEMENTAL EDUCATIONAL SERVICES PROVIDERS.

    Section 1116(e)(4) of such Act (20 U.S.C. 6316(e)(4)) is amended--
            (1) by redesignating subparagraphs (C) through (E) as 
        subparagraphs (F) through (H), respectively; and
            (2) by inserting after subparagraph (B) the following:
                    ``(C) establish an evaluation system to evaluate 
                each provider of supplemental educational services 
                under this subsection in the State, which system--
                            ``(i) shall be based primarily upon the 
                        extent to which a provider improved student 
                        academic achievement, as measured by student 
                        progress toward meeting challenging State 
                        student academic achievement standards for all 
                        students enrolled in the supplemental 
                        educational services of the provider under this 
                        subsection--
                                    ``(I) in each subject for which the 
                                provider provides supplemental 
                                educational services under this 
                                subsection to such students;
                                    ``(II) regardless of whether such 
                                students are in a grade level that is 
                                subject to a State assessment; and
                                    ``(III) accounting for the length 
                                of each course of supplemental 
                                educational services offered by the 
                                provider; and
                            ``(ii) shall be supplemented with 
                        additional criteria, such as--
                                    ``(I) local educational agency 
                                evaluations of the supplemental 
                                educational services provided under 
                                this subsection;
                                    ``(II) student, parent, principal, 
                                or teacher satisfaction with the 
                                provider, except that, if a State 
                                elects to include this criterion in the 
                                State evaluation system, the 
                                satisfaction levels shall be measured 
                                by a survey that uniformly evaluates 
                                all such providers in the State;
                                    ``(III) the attendance rates of the 
                                students enrolled in the supplemental 
                                educational services offered by the 
                                provider under this subsection; and
                                    ``(IV) any criteria determined to 
                                be necessary by the State educational 
                                agency;
                    ``(D)(i) by the last day of the 2008-2009 school 
                year, ensure that the evaluation system described in 
                subparagraph (C)--
                            ``(I) determines the value added by each 
                        provider in improving the student academic 
                        achievement of participating students, as 
                        measured by the State assessments required 
                        under section 1111(b)(3); or
                            ``(II) in the case of students 
                        participating in supplemental educational 
                        services who are in a grade not tested by the 
                        State assessments required under section 
                        1111(b)(3), measures the value added by each 
                        provider in improving the student academic 
                        achievement of participating students by--
                                    ``(aa) using valid and reliable 
                                methods that are consistent with 
                                relevant, nationally recognized 
                                professional and technical standards; 
                                and
                                    ``(bb) uniformly using the 
                                evaluation system to evaluate all such 
                                providers in the State; or
                    ``(ii) during the period preceding the last day of 
                the 2008-2009 school year, if the State's evaluation 
                system described in subparagraph (C) is unable to meet 
                the requirements of clause (i)(I), ensure that the 
                evaluation system determines the extent to which the 
                provider improved the student academic achievement of 
                participating students through the procedures described 
                in clause (i)(II);
                    ``(E) establish a fair mechanism for the removal of 
                a provider who is subject to repeat complaints 
                submitted by parents, school personnel, or the local 
                educational agency, after a full investigation of the 
                complaints;''.

SEC. 103. PROVIDING ACCESS TO SCHOOL FACILITIES FOR PROVIDERS OF 
              SUPPLEMENTAL EDUCATIONAL SERVICES IN EXCHANGE FOR 
              REASONABLE RENT.

    (a) Local Educational Agency Responsibilities.--Section 1116(e)(2) 
of such Act (20 U.S.C. 6316(e)(2)) is amended--
            (1) in subparagraph (C), by striking ``and'' after the 
        semicolon;
            (2) in subparagraph (D), by striking the period at the end 
        and inserting a semicolon;
            (3) by redesignating subparagraphs (B) through (D) (as 
        amended by this subsection) as subparagraphs (E) through (G), 
        respectively; and
            (4) by inserting after subparagraph (A) the following:
                    ``(B) to the extent practicable and subject to 
                subparagraph (C), permit an approved provider to 
                deliver the supplemental educational services under 
                this subsection using a public school facility of the 
                local educational agency (if the local educational 
                agency allows other groups not otherwise affiliated 
                with the school to use such public school facility and 
                establishes a fair mechanism of determining which 
                providers are given access to the school facilities), 
                and may charge the provider rent--
                            ``(i) that is determined in a manner that 
                        is fair, transparent, and objective; and
                            ``(ii) in an amount that--
                                    ``(I) accounts for the additional 
                                costs of each provider's extended use 
                                of the facility, including additional 
                                energy, custodial, and security costs; 
                                and
                                    ``(II) is similar to the amount of 
                                rent charged for the use of school 
                                facilities to similarly classified 
                                external organizations that seek to use 
                                the facilities;
                    ``(C) if a provider requests access to a public 
                school facility under subparagraph (B) for a school 
                year but has failed to improve the academic achievement 
                of the students served by the provider for both of the 
                2 preceding school years, as determined by the 
                evaluation system described in subparagraphs (C) and 
                (D) of paragraph (4), deny such provider access to a 
                public school facility for the school year;
                    ``(D) have the ability to enter, if the local 
                educational agency so chooses, into--
                            ``(i) a multiyear agreement with an 
                        approved provider of supplemental educational 
                        services; or
                            ``(ii) an abbreviated agreement with a 
                        returning provider of supplemental educational 
                        services after the expiration of an initial 
                        agreement, if the returning provider remains an 
                        approved provider;''.
    (b) State Educational Agency Responsibilities.--Section 1116(e)(4) 
of such Act (20 U.S.C. 6316(e)(4)) is further amended--
            (1) in subparagraph (G) (as redesignated by section 
        102(1)), by striking ``and'' after the semicolon;
            (2) in subparagraph (H) (as redesignated by section 
        102(1)), by striking the period at the end and inserting a 
        semicolon; and
            (3) by adding at the end the following:
                    ``(I) make available to the public the results of 
                the performance evaluation conducted under 
                subparagraphs (C) and (D) for each provider of 
                supplemental educational services under this subsection 
                in the State, in a format that clearly demonstrates the 
                provider's success in meeting rigorous State 
                standards;''.

SEC. 104. INCREASED STUDENT PARTICIPATION.

    (a) Local Educational Agency Responsibilities.--Section 1116(e)(2) 
of such Act (20 U.S.C. 6316(e)(2)) is further amended by adding at the 
end the following:
                    ``(H) ensure that the registration process for 
                supplemental educational services under this subsection 
                is not complicated, is easily available to parents, and 
                informs the parents of eligible students, in their 
                native language (to the extent possible), that 
                supplemental educational services are extra, free-of-
                charge, instructional tutoring for their children;
                    ``(I) allow students who are not receiving 
                supplemental educational services under this subsection 
                the opportunity to enroll in services with any 
                available and approved supplemental educational 
                services provider during not less than 2 separate 
                enrollment periods of not less than 15 business days in 
                each school year;
                    ``(J) allow students on any wait list for 
                supplemental educational services under this subsection 
                to receive services as vacancies open;
                    ``(K) submit an annual report to the State 
                educational agency describing the amount spent on 
                supplemental educational services under this subsection 
                by the local educational agency (including the 
                percentage of the funds available under subsection 
                (b)(10) for the local educational agency that are 
                expended for such services) and the local educational 
                agency's progress toward increasing student 
                participation in supplemental educational services 
                under this subsection, which report shall contain--
                            ``(i) the percentage of children eligible 
                        for supplemental educational services under 
                        this subsection who are enrolled in 
                        supplemental educational services under this 
                        subsection; and
                            ``(ii) the percentage of children enrolled 
                        in supplemental educational services under this 
                        subsection who attended at least 80 percent of 
                        the scheduled supplemental educational services 
                        sessions provided under this subsection;
                    ``(L) ensure that supplemental educational services 
                begin as soon after the first day of the school year as 
                possible; and''.
    (b) State Educational Agency Responsibilities.--Section 1116(e)(4) 
of such Act (20 U.S.C. 6316(e)(4)) is further amended by adding at the 
end the following:
                    ``(J) provide--
                            ``(i) guidelines to each local educational 
                        agency on the enrollment forms used to enroll 
                        students for supplemental educational services 
                        under this subsection, which guidelines shall 
                        include--
                                    ``(I) the baseline of information 
                                the local educational agency is 
                                required to provide to parents; and
                                    ``(II) a sample form for the local 
                                educational agency; and
                            ``(ii) technical assistance to each local 
                        educational agency regarding the enrollment 
                        process, in an effort to streamline the 
                        enrollment process for parents;
                    ``(K) ensure that the enrollment process is fair to 
                all providers of supplemental educational services; and
                    ``(L) if the State educational agency determines 
                appropriate, require a local educational agency to 
                employ different methods to reach students regarding 
                the availability of supplemental educational services 
                under this subsection, including--
                            ``(i) sending enrollment forms home with 
                        students;
                            ``(ii) posting the enrollment form online; 
                        and
                            ``(iii) allowing parents to obtain 
                        enrollment forms at the school of the students 
                        eligible for supplemental educational services 
                        under this subsection;
                    ``(M) ensure that all local educational agencies in 
                the State receive the results of the assessments 
                required under section 1111(b)(3) and any other 
                information needed to identify schools for school 
                improvement under subsection (b)(1)(A) in sufficient 
                time to allow the local educational agencies to 
                complete the identification process and as close as 
                possible to the last day of the school year preceding 
                the year for which supplemental educational services 
                under this section are to be provided;''.
    (c) State Educational Agency Reporting.--Section 1116(e)(4) of such 
Act (20 U.S.C. 6316(e)(4)) is further amended by adding at the end the 
following:
                    ``(N) annually publicize the cost of supplemental 
                educational services under this subsection, the 
                attendance data for such services, and the date that 
                students first received supplemental educational 
                services instruction, for each provider and local 
                educational agency in the State for the previous school 
                year;
                    ``(O) submit to the Secretary all reports that are 
                submitted to the State educational agency by local 
                educational agencies under paragraph (2)(K);''.
    (d) Secretary of Education Responsibilities.--Section 1116(e) of 
such Act (20 U.S.C. 6316(e)) is further amended--
            (1) by redesignating paragraphs (6) through (12) as 
        paragraphs (7) through (12) and (14), respectively; and
            (2) by inserting after paragraph (5) the following:
            ``(6) Secretary responsibilities.--The Secretary shall--
                    ``(A) conduct a study of the impact that certain 
                factors, including the different types of supplemental 
                educational service providers (including local 
                educational agencies serving as providers), the use of 
                highly qualified teachers as tutors, and the incentives 
                offered by providers under this subsection, have on--
                            ``(i) improving student academic 
                        achievement on State student academic 
                        achievement standards;
                            ``(ii) ensuring continued student 
                        enrollment throughout the school year in the 
                        supplemental educational services; and
                            ``(iii) increasing student attendance in 
                        the supplemental educational services; and
                    ``(B) annually submit to Congress, and post on the 
                Department's website, a report highlighting--
                            ``(i) the best State practices in the 
                        monitoring and evaluation of supplemental 
                        educational service providers and parental 
                        notification regarding the availability of 
                        supplemental educational services under this 
                        subsection; and
                            ``(ii) any other findings the Secretary 
                        determines necessary.''.

SEC. 105. DEFINITION OF PROVIDER.

    The matter preceding clause (i) of section 1116(e)(14)(B) of such 
Act (as redesignated by section 104(d)(1)) is amended by inserting 
``(including a local educational agency identified for improvement 
under subsection (c) and any school that is not identified for 
improvement under subsection (b))'' after ``agency''.

SEC. 106. PARAMETERS FOR SUPPLEMENTAL EDUCATIONAL SERVICES DESIGN.

    Section 1116(e)(4) of such Act (20 U.S.C. 6316(e)(4)) is further 
amended by adding at the end the following:
                    ``(P) if the State educational agency determines 
                appropriate, require, as a criteria to be an approved 
                provider of supplemental educational services under 
                this subsection--
                            ``(i) that any personnel employed by the 
                        provider to deliver supplemental educational 
                        services under this subsection to students is a 
                        highly qualified teacher; or
                            ``(ii) a minimum number of hours of 
                        supplemental educational services under this 
                        subsection that each provider must offer each 
                        student;''.

SEC. 107. CIVIL RIGHTS.

    Section 1116(e) of such Act (20 U.S.C. 6316(e)) is further amended 
by inserting after paragraph (12) (as redesignated by section 
104(d)(1)) the following:
            ``(13) Civil rights.--In carrying out this subsection, no 
        State educational agency or local educational agency may, 
        directly or through contractual, licensing, or other 
        arrangements with a provider of supplemental educational 
        services under this subsection, engage in any form of 
        discrimination prohibited by--
                    ``(A) title VI of the Civil Rights Act of 1964;
                    ``(B) title IX of the Education Amendments of 1972;
                    ``(C) section 504 of the Rehabilitation Act of 
                1973;
                    ``(D) titles II and III of the Americans with 
                Disabilities Act of 1990;
                    ``(E) the Age Discrimination Act of 1975;
                    ``(F) regulations promulgated under the authority 
                of the laws listed in subparagraphs (A) through (E); or
                    ``(G) any other Federal civil rights law.''.

  TITLE II--ENSURING THAT SUPPLEMENTAL EDUCATIONAL SERVICES FUNDS ARE 
                        TARGETED ON INSTRUCTION

SEC. 201. PROHIBITING PROVIDERS OF SUPPLEMENTAL EDUCATIONAL SERVICES 
              FROM USING MATERIAL INCENTIVES OR AGGRESSIVE TACTICS TO 
              REGISTER STUDENTS.

    (a) Prohibition.--Section 1116(e)(5) of such Act (20 U.S.C. 
6316(e)(5)) is amended by adding at the end the following:
                    ``(E) Offer--
                            ``(i) no incentive to any official or 
                        employee of a school, local educational agency, 
                        or State educational agency;
                            ``(ii) no incentive to a parent or a 
                        student in exchange for the selection of a 
                        specific provider of supplemental educational 
                        services under this subsection; and
                            ``(iii) an incentive to a student 
                        participating in supplemental educational 
                        services under this subsection only if--
                                    ``(I) the purpose of the incentive 
                                is--
                                            ``(aa) to increase student 
                                        academic achievement;
                                            ``(bb) to increase student 
                                        attendance in the supplemental 
                                        educational services; or
                                            ``(cc) to ensure continued 
                                        student enrollment in the 
                                        supplemental educational 
                                        services; and
                                    ``(II) the total value of any 
                                incentives, in cash or in kind, offered 
                                to the student does not exceed $50 per 
                                school year per student.''.
    (b) Definition of Incentive.--Section 1116(e)(14) of such Act (as 
redesignated by section 104(d)(1)) is further amended--
            (1) by redesignating subparagraphs (B) (as amended by 
        section 105) and (C) as subparagraphs (C) and (D), 
        respectively; and
            (2) by inserting after subparagraph (A) the following:
                    ``(B) the term `incentive' means anything of value 
                offered to a student, parent, or employee or official 
                of a school, local educational agency, or State 
                educational agency by a provider of supplemental 
                educational services under this subsection to encourage 
                a desired action;''.
    (c) Changes to Contract.--Section 1116(e)(3)(C) of such Act (20 
U.S.C. 6316(e)(3)(C)) is amended by inserting ``or the provider offers 
or provides an incentive that violates paragraph (5)(E)'' before the 
semicolon at the end.
    (d) Consequences for Incentives Violation.--Section 1116(e)(2) of 
such Act (20 U.S.C. 6316(e)(2)) is further amended by adding at the end 
the following:
                    ``(M) in the case of an approved provider who 
                offers an incentive that violates paragraph (5)(E), 
                determine if any consequences should apply to the 
                provider, such as--
                            ``(i) immediately terminating the agreement 
                        with the provider;
                            ``(ii) placing the provider on a 
                        probationary status for not more than 3 years; 
                        or
                            ``(iii) fining the provider an amount equal 
                        to not more than 25 percent of the amount that 
                        the local educational agency pays to the 
                        provider, in accordance with the contract under 
                        paragraph (3), to provide supplemental 
                        educational services to students served by the 
                        local educational agency.''.

   TITLE III--ENSURING THAT ALL CHILDREN, INCLUDING ENGLISH LANGUAGE 
   LEARNERS, CHILDREN WITH DISABILITIES, AND CHILDREN IN RURAL LOCAL 
    EDUCATIONAL AGENCIES, RECEIVE SUPPLEMENTAL EDUCATIONAL SERVICES

SEC. 301. PROVIDER AVAILABILITY.

    (a) State Educational Agency Responsibilities.--Section 1116(e)(4) 
of such Act (20 U.S.C. 6316(e)(4)) is further amended by adding at the 
end the following:
                    ``(Q) ensure that, in each area served by a local 
                educational agency in the State that informs the State 
                educational agency of the local educational agency's 
                need to provide supplemental educational services under 
                this subsection to children who are limited English 
                proficient or children with disabilities, the list of 
                approved providers includes a choice of 2 or more 
                providers with sufficient capacity to provide effective 
                services for children who are limited English 
                proficient or children with disabilities, respectively; 
                and
                    ``(R) if the State educational agency determines 
                appropriate, use a portion of the funds available under 
                subsection (b)(10) to provide, on behalf of rural local 
                educational agencies that serve schools required to 
                offer supplemental educational services under this 
                subsection, incentives for providers to provide 
                supplemental educational services under this subsection 
                to students in rural local educational agencies, 
                including--
                            ``(i) providing technical assistance to 
                        providers, including those offering 
                        supplemental educational services through 
                        distance learning; and
                            ``(ii) providing assistance to community 
                        based organizations with the approval process 
                        to become supplemental educational services 
                        providers, as well as with the contracting 
                        process with local educational agencies.''.
    (b) Provider Requirements.--Section 1116(e)(5) of such Act (20 
U.S.C. 6316(e)(5)) is further amended by adding at the end the 
following:
                    ``(F) Prepare and submit to the State educational 
                agency, as part of the application process to become an 
                approved provider--
                            ``(i) in the case of a provider that is 
                        unable to serve students with disabilities or 
                        students who are limited English proficient, a 
                        written explanation detailing the provider's 
                        incapacity to serve such students; or
                            ``(ii) in the case of a provider that can 
                        service students with disabilities or students 
                        who are limited English proficient, a written 
                        explanation detailing the provider's 
                        capabilities to meet the educational needs of 
                        such students.''.

                    TITLE IV--CONFORMING AMENDMENTS

SEC. 401. CONFORMING AMENDMENTS.

    Section 1116(e) of such Act (20 U.S.C. 6316(e)) is further 
amended--
            (1) in the matter preceding subparagraph (A) of paragraph 
        (5), by striking ``paragraph (4)(C)'' and inserting ``paragraph 
        (4)(F)''; and
            (2) in paragraph (11)(A)(i) (as redesignated by section 
        104(d)(1)), by striking ``paragraph (4)(C)'' and inserting 
        ``paragraph (4)(F)''.
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