II 

109TH CONGRESS 

2D SESSION S. 3864 

To amend part A of title I of the Elementary and Secondary Education 

Act of 1965 to improve supplemental educational services, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 7 (legislative day, SEPTEMBER 6), 2006 

Mr. MARTINEZ (for himself and Mr. CORNYN) introduced the following bill; 

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

A BILL 

To amend part A of title I of the Elementary and Secondary 

Education Act of 1965 to improve supplemental educational services, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Raising Achievement 

5 through Improving Supplemental Education Act of 2006’’ 

6 or the ‘‘RAISE Act’’. 

7 SEC. 2. REFERENCES. 

8 Except as otherwise expressly provided, whenever in 

9 this Act an amendment or repeal is expressed in terms 


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1 of an amendment to, or a repeal of, a section or other 

2 provision, the reference shall be considered to be made to 

3 a section or other provision of the Elementary and Sec4 ondary Education Act of 1965 (20 U.S.C. 6301 et seq.). 

5 SEC. 3. SUPPLEMENTAL EDUCATIONAL SERVICES AFTER 

6 THE FIRST YEAR OF IDENTIFICATION FOR 

7 SCHOOL IMPROVEMENT. 

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

9 (1) in subsection (b)— 

10 (A) in paragraph (1), by adding at the end 

11 the following: 

12 ‘‘(G) SUPPLEMENTAL EDUCATIONAL SERV13 ICES.—In the case of a school identified for 

14 school improvement under this paragraph, the 

15 local educational agency shall make supple16 mental educational services available consistent 

17 with subsection (e)(1).’’; and 

18 (B) in paragraph (5)(B), by inserting 

19 ‘‘continue to’’ after ‘‘shall’’; and 

20 (2) in subsection (e)(1), by inserting ‘‘(1),’’ 

21 after ‘‘in paragraph’’. 

22 SEC. 4. PRIORITIZING FUNDS. 

23 Section 1116(b)(10)(C) (20 U.S.C. 6316(b)(10)(C)) 

24 is amended— 


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1 (1) by striking ‘‘FUNDS.—If’’ and inserting 

2 ‘‘FUNDS.— 

3 ‘‘(i) PRIORITY.—Subject to clause (ii), 

4 if’’; 

5 (2) by striking ‘‘local educational agency shall 

6 give priority’’ and all that follows through the period 

7 at the end and inserting ‘‘local educational agency 

8 shall give priority— 

9 ‘‘(I) first, to eligible children who 

10 are low-income and low-performing, as 

11 described in clauses (i) and (ii) of 

12 subsection (e)(13)(A); 

13 ‘‘(II) second, to low-performing 

14 eligible children; and 

15 ‘‘(III) third, to low-income eligi16 ble children.’’; and 

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

18 ‘‘(ii) DOCUMENTATION.—A local edu19 cational agency may only prioritize in ac20 cordance with clause (i) after the local edu21 cational agency makes available to the 

22 State educational agency documentation 

23 providing clear and convincing evidence 

24 that the funds available to provide supple25 mental educational services under subVerDate Aug 31 2005 00:09 Sep 13, 2006 Jkt 049196 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3864.IS S3864

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1 section (e) are insufficient to meet the ac2 tual demand by parents of eligible children 

3 for the services, as demonstrated by satis4 fying the requirements of paragraph (2).’’. 

5 SEC. 5. LOCAL EDUCATIONAL AGENCY RESPONSIBILITIES. 

6 Section 1116(e)(2) (20 U.S.C. 6316(e)(2)) is amend7 ed— 

8 (1) in subparagraph (A), by striking ‘‘at a min9 imum, annual’’ and inserting ‘‘at a minimum, at the 

10 times specified under subparagraph (B)(i),’’; 

11 (2) by redesignating subparagraphs (B), (C), 

12 and (D) as subparagraphs (E), (F), and (H), re13 spectively; 

14 (3) by inserting after subparagraph (A) the fol15 lowing: 

16 ‘‘(B) establish a streamlined opportunity 

17 for eligible children to acquire supplemental 

18 educational services under this subsection, 

19 which shall include— 

20 ‘‘(i) notifying eligible children served 

21 by the local educational agency and their 

22 parents of the child’s eligibility for supple23 mental educational services— 

24 ‘‘(I) not later than 30 days after 

25 the local educational agency obtains 


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1 data from the State educational agen2 cy indicating that the school serving 

3 the child is identified for school im4 provement under section 1116(b)(1); 

5 ‘‘(II) not later than 30 days after 

6 the first day of classes at the school 

7 for a school year; and 

8 ‘‘(III) not later than 30 days be9 fore requesting the reallocation of un10 used funds reserved for supplemental 

11 educational services under subsection 

12 (b)(10)(A); 

13 ‘‘(ii) holding not less than 2 opportu14 nities for parents of eligible children to 

15 register and select a provider simulta16 neously through the one-step process de17 scribed in subparagraph (C); and 

18 ‘‘(iii) using, as the application for 

19 supplemental educational services under 

20 this section, the State application devel21 oped under paragraph (4)(F); 

22 ‘‘(C) create a streamlined, one-step parent 

23 registration and provider selection process 

24 that— 


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1 ‘‘(i) does not place an undue burden 

2 on parents that may result in the de3 creased participation of eligible children in 

4 supplemental educational services under 

5 this subsection; 

6 ‘‘(ii) provides notice to the parents of 

7 the process for receiving supplemental edu8 cational services under this subsection; 

9 ‘‘(iii) obtains the parent’s permission 

10 to release assessment data regarding the 

11 eligible child to the provider selected by the 

12 parent; 

13 ‘‘(iv) is as simple as possible and is in 

14 the parent’s native language, where pos15 sible; and 

16 ‘‘(v) provides each provider with the 

17 names and contact information of the eligi18 ble children whose parents have selected 

19 the provider for such services in a timely 

20 manner; 

21 ‘‘(D) make every effort, in carrying out the 

22 duties of the local educational agency under 

23 this paragraph— 


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1 ‘‘(i) to increase the participation of el2 igible children in supplemental educational 

3 services under this subsection; and 

4 ‘‘(ii) to fully utilize the funds available 

5 under subsection (b)(10)(A)(ii) for pro6 viding such services to eligible children;’’; 

7 (4) in subparagraph (F) (as redesignated by 

8 paragraph (2)), by striking ‘‘; and’’ and inserting ‘‘, 

9 based on the priorities described in subsection 

10 (b)(10)(C)(i);’’; and 

11 (5) by inserting after subparagraph (F) (as re12 designated by paragraph (2)) the following: 

13 ‘‘(G) provide approved providers with ac14 cess to school facilities on the same basis as 

15 other after-school and extra-curricular pro16 grams (including programs operated or over17 seen by the local educational agency) seeking 

18 access to the school facility; and’’. 

19 SEC. 6. PROVIDER AND LEA AGREEMENT. 

20 Section 1116(e)(3) (20 U.S.C. 6316(e)(3)) is amend21 ed— 

22 (1) by redesignating subparagraphs (A) through 

23 (E) as subparagraphs (B) through (F), respectively; 

24 (2) in the matter preceding subparagraph (B) 

25 (as redesignated by paragraph (1)), by striking ‘‘In 


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1 the case’’ and all that follows through ‘‘Such agree2 ment shall—’’ and inserting ‘‘In the case of an ap3 proved provider selected by a parent, the local edu4 cational agency shall enter into a written agreement 

5 with such provider, not later than 45 days after the 

6 first day of the school year or 45 days after the se7 lection by the parent, whichever occurs later. Such 

8 agreement shall— 

9 ‘‘(A) require that the provider be available 

10 to begin providing supplemental educational 

11 services under this subsection not later than 20 

12 days after both parties receive the names and 

13 contact information described in paragraph 

14 (2)(C)(v);’’; and 

15 (3) in subparagraph (B) (as redesignated by 

16 paragraph (1))— 

17 (A) by striking ‘‘local educational agency’’ 

18 and inserting ‘‘provider’’; and 

19 (B) by striking ‘‘the provider chosen by the 

20 parents’’ and inserting ‘‘the local educational 

21 agency’’. 

22 SEC. 7. STATE EDUCATIONAL AGENCY RESPONSIBILITIES. 

23 Section 1116(e)(4) (20 U.S.C. 6316(e)(4)) is amend24 ed— 

25 (1) in subparagraph (E)— 


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1 (A) by striking the period and inserting a 

2 semicolon; and 

3 (B) by redesignating subparagraph (E) as 

4 subparagraph (F); 

5 (2) in subparagraph (D)— 

6 (A) by striking ‘‘and’’ after the semicolon; 

7 and 

8 (B) by redesignating subparagraph (D) as 

9 subparagraph (G) and moving the subpara10 graph so that the subparagraph follows sub11 paragraph (F) (as redesignated by paragraph 

12 (1)(B)); 

13 (3) by inserting after subparagraph (C) the fol14 lowing: 

15 ‘‘(D) notify each local educational agency 

16 within the State that is required to provide sup17 plemental educational services under this sub18 section for a school year not later than the 

19 June 1st preceding the commencement of the 

20 school year, or if the June 1st deadline is not 

21 possible, with as much advance notice before 

22 the first day of the school year as possible; 

23 ‘‘(E) include on the State educational 

24 agency’s Internet website a standard, 

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1 cational agencies and parents to utilize in ap2 plying for and providing supplemental edu3 cational services under this subsection;’’; and 

4 (4) by adding at the end the following: 

5 ‘‘(H) provide a valid and reliable evalua6 tion of providers that— 

7 ‘‘(i) is consistent with relevant, na8 tionally-recognized professional and tech9 nical standards; 

10 ‘‘(ii) records the gains of individual 

11 students by showing improvement attrib12 utable per hour of supplemental edu13 cational services instruction under this 

14 subsection (especially for students whose 

15 academic achievement level is several 

16 grades below grade level); 

17 ‘‘(iii) isolates the effects of supple18 mental educational services under this sub19 section from other possible variables that 

20 might affect a student’s academic achieve21 ment; 

22 ‘‘(iv) coordinates the collection of 

23 qualitative data on parental satisfaction 

24 with the supplemental educational services 

25 of the provider under this subsection, and 


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1 the reasons for such level of satisfaction; 

2 and 

3 ‘‘(v) may exclude from the evaluation 

4 those students who attend less than 80 

5 percent of the total hours of supplemental 

6 educational services scheduled for the stu7 dent; 

8 ‘‘(I) establish safeguards against potential 

9 conflicts of interest when a local educational 

10 agency applies to be, or becomes, a provider of 

11 supplemental educational services under this 

12 subsection, and provide monitoring and evalua13 tion of the local educational agency’s perform14 ance as a provider; and 

15 ‘‘(J) prohibit local educational agencies 

16 from reprogramming any portion of the supple17 mental educational services funds described in 

18 subsection (b)(10)(A)(ii) for a fiscal year for 

19 other purposes, unless the local educational 

20 agency provides to the State educational agency 

21 clear and convincing evidence, as determined by 

22 the State educational agency, that— 

23 ‘‘(i) the parents of all eligible children 

24 in schools served by the local educational 

25 agency have been notified in good faith of 


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1 the availability of supplemental educational 

2 services under this subsection; 

3 ‘‘(ii) the local educational agency is 

4 meeting all actual demand from parents 

5 for supplemental educational services 

6 under this subsection, as determined by 

7 whether the local educational agency has 

8 opened enrollment for supplemental edu9 cational services under this section, on a 

10 monthly basis, after the initial enrollment, 

11 to parents of all eligible children without 

12 restriction until all funds available to pro13 vide supplemental educational services 

14 under subsection (b)(10)(A)(ii) are ex15 pended; and 

16 ‘‘(iii) the local educational agency is 

17 able to meet any likely future demand for 

18 supplemental educational services for the 

19 school year for which the determination is 

20 made.’’. 

21 SEC. 8. CRITERIA FOR PROVIDERS. 

22 Section 1116(e)(5) (20 U.S.C. 6316(e)(5)) is amend23 ed— 

24 (1) by redesignating subparagraphs (C) and 

25 (D) as subparagraphs (E) and (F), respectively; and 


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1 (2) by inserting after subparagraph (B) the fol2 lowing: 

3 ‘‘(C) Offer no incentives for the purpose of 

4 enticing eligible children or their parents to se5 lect the provider for supplemental educational 

6 services under this subsection. 

7 ‘‘(D) Offer an incentive to an eligible child 

8 only if— 

9 ‘‘(i) the purpose of the incentive is to 

10 encourage the eligible child’s performance 

11 or attendance; and 

12 ‘‘(ii) the value of the incentive is not 

13 more than 5 percent of the per-pupil 

14 amount for supplemental educational serv15 ices described in paragraph (6)(A), as cal16 culated for the local educational agency 

17 serving the student.’’. 

18 SEC. 9. SPECIAL RULE FOR INEFFECTIVE LEA’S. 

19 Section 1116(e)(11) (20 U.S.C. 6316(e)(11)) is 

20 amended— 

21 (1) by striking ‘‘RULE.—If’’ and inserting 

22 ‘‘RULES.— 

23 ‘‘(A) STATE EDUCATIONAL AGENCY

24 ROLE.—If’’; and 

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


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1 ‘‘(B) LOCAL EDUCATIONAL AGENCY

2 ROLE.— 

3 ‘‘(i) IN GENERAL.—If a State edu4 cational agency determines that the local 

5 educational agency is not able, or is too 

6 unreliable, to carry out the local edu7 cational agency’s responsibilities under 

8 paragraph (2), or if there is a conflict of 

9 interest due to the local educational agency 

10 becoming a provider, the State educational 

11 agency may, from amounts described in 

12 clause (ii), enter into a contract or cooper13 ative agreement with a nonprofit organiza14 tion to enable the nonprofit organization to 

15 carry out such responsibilities with respect 

16 to the eligible children served by the local 

17 educational agency. 

18 ‘‘(ii) REALLOCATION OF FUNDS.— 

19 ‘‘(I) IN GENERAL.—In order to 

20 carry out clause (i) with respect to a 

21 local educational agency, the State 

22 educational agency shall reserve and 

23 utilize, from the funds allocated to the 

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1 part 2, an amount equal to fifteen 

2 percent of such funds. 

3 ‘‘(II) ADMINISTRATIVE COSTS.— 

4 A total of not more than 5 percent of 

5 the reserved amount described in sub6 clause (I) may be used for the admin7 istrative costs of the State educational 

8 agency and the nonprofit organiza9 tion. 

10 ‘‘(III) INTERACTION WITH RE11 SERVED FUNDS.—In calculating the 

12 amount spent by a local educational 

13 agency for the purposes of subsection 

14 (b)(10), the amounts spent on behalf 

15 of a local educational agency under 

16 this subparagraph shall be included.’’. 

17 SEC. 10. DEFINITION OF ELIGIBLE CHILD. 

18 Section 1116(e)(12)(A) (20 U.S.C. 6316(e)(12)(A)) 

19 is amended to read as follows: 

20 ‘‘(A) the term ‘eligible child’ means a 

21 child— 

22 ‘‘(i) from a low-income family, as de23 termined by the local educational agency 

24 for purposes of allocating funds to schools 

25 under section 1113(c)(1); or 


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1 ‘‘(ii) who is low-performing, as dem2 onstrated by a score of below proficient in 

3 a required subject on the State student 

4 academic assessment, as described in sec5 tion 1111(b)(3)(A), for the previous school 

6 year.’’. 

7 SEC. 11. COORDINATION OF SUPPLEMENTAL EDU8 CATIONAL SERVICES WITH AFTER-SCHOOL 

9 CARE. 

10 Section 1116(e) of the Elementary and Secondary 

11 Education Act of 1965 (20 U.S.C. 6316(e)) is further 

12 amended— 

13 (1) by redesignating paragraph (12) (as amend14 ed by section 10) as paragraph (13); and 

15 (2) by inserting after paragraph (11) the fol16 lowing: 

17 ‘‘(12) COORDINATION WITH AFTER-SCHOOL

18 PROGRAMS.—The Secretary shall develop, and pro19 vide guidance on the implementation of, a model 

20 program for coordinating the provision of supple21 mental educational services under this subsection 

22 with the 21st century learning centers assisted 

23 under part B of title IV.’’. 

Æ 


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