II 

109TH CONGRESS 

1ST SESSION S. 921 

To provide for secondary school reform, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 27, 2005 

Mrs. MURRAY (for herself, Mr. DURBIN, Mr. KENNEDY, and Mrs. CLINTON) 

introduced the following bill; which was read twice and referred to the 

Committee on Health, Education, Labor, and Pensions 

A BILL 

To provide for secondary school reform, 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 ‘‘Pathways for All Stu5 dents to Succeed Act’’. 

6 TITLE I—READING AND MATHE7 MATICS SKILLS FOR SUCCESS 

8 SEC. 101. FINDINGS. 

9 Congress makes the following findings: 
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1 (1) While the Elementary and Secondary Edu2 cation Act of 1965 (20 U.S.C. 6301 et seq.), as 

3 amended by the No Child Left Behind Act of 2001 

4 (Public Law 107–110, 115 Stat. 1425), provides a 

5 strong framework for helping children in the early 

6 grades, our Nation still needs a comprehensive strat7 egy to address the literacy problems and learning 

8 gaps of students in middle school and secondary 

9 school. 

10 (2) Approximately 60 percent of students in the 

11 poorest communities fail to graduate from secondary 

12 school on time, in large part because of severe read13 ing deficits that contribute to academic failure. 

14 (3) Forty percent of students attending high 

15 minority enrollment secondary schools enroll in re16 medial reading coursework when entering higher 

17 education, in an effort to gain the skills their sec18 ondary education failed to provide. 

19 (4) While 33 percent of all low-income students 

20 are enrolled in secondary schools, only 15 percent of 

21 the funding targeted to disadvantaged students goes 

22 to secondary schools. 

23 (5) Data from the 1998 National Assessment of 

24 Educational Progress show that 32 percent of boys 

25 and 19 percent of girls in eighth grade cannot read 
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1 at a basic level. These numbers do not change sig2 nificantly in the secondary school years and are even 

3 more dramatic when students are identified by mi4 nority status. 

5 (6) The 2002 National Assessment of Edu6 cational Progress writing scores indicate that while 

7 the percentage of fourth and eighth graders writing 

8 at or above a basic level increased between 1998 and 

9 2002, the percentage of 12th graders writing at or 

10 above a basic level decreased. These numbers show 

11 that our concentrated efforts for elementary school 

12 students have improved their writing skills, but by 

13 neglecting the needs of secondary school students, 

14 we are squandering these gains. 

15 (7) The United States cannot maintain its posi16 tion as the world’s strongest economy if we continue 

17 to ignore the literacy needs of adolescents in middle 

18 school and secondary school. 

19 (8) The achievement gap between White and 

20 Asian students and Black and Hispanic students re21 mains wide in the area of mathematics. 

22 (9) The 2003 National Assessment of Edu23 cation Progress shows that the achievement gap be24 tween the mathematics scores of eighth grade Black 
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1 and Hispanic students and White students is the 

2 same in 2003 as in 1990. 

3 (10) The 2003 National Assessment of Edu4 cation Progress shows that eighth grade students el5 igible for a free or reduced-price school lunch did not 

6 meet the basic mathematics score, unlike non-eligible 

7 students. 

8 (11) According to the latest results from inter9 national assessments, 15-year-olds from the United 

10 States performed below the international average in 

11 mathematics literacy and problem-solving, placing 

12 27th out of 39 countries. 

(12) Only 1 13 ⁄3 of the United States workforce 

14 has any post-secondary education, yet 60 percent of 

15 new jobs in the 21st century will require post-sec16 ondary education. 

17 SEC. 102. PURPOSES. 

18 The purposes of this title are— 

19 (1) to provide assistance to State educational 

20 agencies and local educational agencies in estab21 lishing effective research-based reading, writing, and 

22 mathematics programs for students in middle 

23 schools and secondary schools, including students 

24 with disabilities and students with limited English 

25 proficiency; 
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1 (2) to provide adequate resources to schools to 

2 hire and to provide in-service training for not less 

3 than 1 literacy coach per 20 teachers who can assist 

4 middle school and secondary school teachers to in5 corporate research-based reading and writing in6 struction into the teachers’ teaching of mathematics, 

7 science, history, civics, geography, literature, lan8 guage arts, and other core academic subjects; 

9 (3) to provide assistance to State educational 

10 agencies and local educational agencies— 

11 (A) in strengthening reading and writing 

12 instruction in middle schools and secondary 

13 schools; and 

14 (B) in procuring high-quality diagnostic 

15 reading and writing assessments and com16 prehensive research-based programs and in17 structional materials that will improve reading 

18 and writing performance among students in 

19 middle school and secondary school; and 

20 (4) to provide adequate resources to schools to 

21 hire and to provide in-service training for not less 

22 than 1 mathematics coach per 20 teachers who can 

23 assist middle school and secondary school teachers 

24 to utilize research-based mathematics instruction to 

25 develop students’ mathematical abilities and knowl-
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1 edge, and assist teachers in assessing student learn2 ing. 

3 SEC. 103. DEFINITIONS. 

4 In this title: 

5 (1) IN GENERAL.—The terms ‘‘local educational 

6 agency’’, ‘‘Secretary’’, and ‘‘State educational agen7 cy’’ have the meaning given the terms in section 

8 9101 of the Elementary and Secondary Education 

9 Act of 1965 (20 U.S.C. 7801). 

10 (2) ELIGIBLE LOCAL EDUCATIONAL AGENCY.— 

11 The term ‘‘eligible local educational agency’’ means 

12 a local educational agency who is eligible to receive 

13 funds under part A of title I of the Elementary and 

14 Secondary Education Act of 1965 (20 U.S.C. 6311 

15 et seq.). 

16 (3) LITERACY COACH.—The term ‘‘literacy 

17 coach’’ means a certified or licensed teacher with a 

18 demonstrated effectiveness in teaching reading and 

19 writing to students with specialized reading and 

20 writing needs, and the ability to work with classroom 

21 teachers to improve the teachers’ instructional tech22 niques to support reading and writing improvement, 

23 who works on site at a school— 

24 (A) to train teachers from across the cur25 riculum to incorporate the teaching of reading 
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1 and writing skills into their instruction of con2 tent; 

3 (B) to train teachers to assess students’ 

4 reading and writing skills and identify students 

5 requiring remediation; and 

6 (C) to provide or assess remedial literacy 

7 instruction, including for— 

8 (i) students in after school and sum9 mer school programs; 

10 (ii) students requiring additional in11 struction; 

12 (iii) students with disabilities; and 

13 (iv) students with limited English pro14 ficiency. 

15 (4) MATHEMATICS COACH.—The term ‘‘mathe16 matics coach’’ means a certified or licensed teacher, 

17 with a demonstrated effectiveness in teaching mathe18 matics to students with specialized needs in mathe19 matics, a command of mathematical content knowl20 edge, and the ability to work with classroom teach21 ers to improve the teachers’ instructional techniques 

22 to support mathematics improvement, who works on 

23 site at a school— 

24 (A) to train teachers to better assess stu25 dent learning in mathematics; 
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1 (B) to train teachers to assess students’ 

2 mathematics skills and identify students requir3 ing remediation; and 

4 (C) to provide or assess remedial mathe5 matics instruction, including for— 

6 (i) students in after school and sum7 mer school programs; 

8 (ii) students requiring additional in9 struction; 

10 (iii) students with disabilities; and 

11 (iv) students with limited English pro12 ficiency. 

13 (5) MIDDLE SCHOOL.—The term ‘‘middle 

14 school’’ means a school that provides middle school 

15 education, as determined under State law. 

16 (6) SECONDARY SCHOOL.—The term ‘‘sec17 ondary school’’ means a school that provides sec18 ondary education, as determined under State law. 

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

20 the 50 States, the District of Columbia, the Com21 monwealth of Puerto Rico, the United States Virgin 

22 Islands, Guam, American Samoa, and the Common23 wealth of the Northern Mariana Islands. 
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1 SEC. 104. AUTHORIZATION OF APPROPRIATIONS. 

2 (a) LITERACY GRANTS.—For the purposes of car3 rying out subtitle A, there are authorized to be appro4 priated $1,000,000,000 for fiscal year 2006 and such 

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

6 fiscal years. 

7 (b) MATHEMATICS GRANTS.—For the purposes of 

8 carrying out subtitle B, there are authorized to be appro9 priated $1,000,000,000 for fiscal year 2006 and such 

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

11 fiscal years. 

12 Subtitle A—Literacy Skills 

13 Programs 

14 SEC. 111. LITERACY SKILLS PROGRAMS. 

15 (a) GRANTS AUTHORIZED.— 

16 (1) IN GENERAL.—From funds appropriated 

17 under section 104(a) for a fiscal year, the Secretary 

18 shall establish a program, in accordance with the re19 quirements of this subtitle, that will provide grants 

20 to State educational agencies, and grants or sub21 grants to eligible local educational agencies, to estab22 lish reading and writing programs to improve the 

23 overall reading and writing performance of students 

24 in middle school and secondary school. 
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1 (2) LENGTH OF GRANT.—A grant to a State 

2 educational agency under this subtitle shall be 

3 awarded for a period of 6 years. 

4 (b) RESERVATION OF FUNDS BY THE SECRETARY.— 

5 From amounts appropriated under section 104(a) for a 

6 fiscal year, the Secretary shall reserve— 

7 (1) 3 percent of such amounts to fund national 

8 activities in support of the programs assisted under 

9 this subtitle, such as research and dissemination of 

10 best practices, except that the Secretary may not use 

11 the reserved funds to award grants directly to local 

12 educational agencies; and 

13 (2) 2 percent of such amounts for the Bureau 

14 of Indian Affairs to carry out the services and activi15 ties described in section 112(c) for Indian children. 

16 (c) GRANT FORMULAS.— 

17 (1) FORMULA GRANTS TO STATE EDUCATIONAL

18 AGENCIES.—If the amounts appropriated under sec19 tion 104(a) for a fiscal year are equal to or greater 

20 than $500,000,000, then the Secretary shall award 

21 grants, from allotments under paragraph (3), to 

22 State educational agencies to enable the State edu23 cational agencies to provide subgrants to eligible 

24 local educational agencies to establish reading and 

25 writing programs to improve overall reading and 
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1 writing performance among students in middle 

2 school and secondary school. 

3 (2) DIRECT GRANTS TO ELIGIBLE LOCAL EDU4 CATIONAL AGENCIES.— 

5 (A) IN GENERAL.—If the amounts appro6 priated under section 104(a) for a fiscal year 

7 are less than $500,000,000, then the Secretary 

8 shall award grants, on a competitive basis, di9 rectly to eligible local educational agencies to 

10 establish reading and writing programs to im11 prove overall reading and writing performance 

12 among students in middle school and secondary 

13 school. 

14 (B) PRIORITY.—The Secretary shall give 

15 priority in awarding grants under this para16 graph to eligible local educational agencies 

17 that— 

18 (i) are among the local educational 

19 agencies in the State with the lowest grad20 uation rates, as described in section 

21 1111(b)(2)(C)(vi) of the Elementary and 

22 Secondary Education Act of 1965 (20 

23 U.S.C. 6311(b)(2)(C)(vi)); and 

24 (ii) have the highest number or per25 centage of students who are counted under 
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1 section 1124(c) of the Elementary and 

2 Secondary Education Act of 1965 (20 

3 U.S.C. 6333(c)). 

4 (3) ALLOTMENTS TO STATES.— 

5 (A) IN GENERAL.—From funds appro6 priated under section 104(a) and not reserved 

7 under subsection (b) for a fiscal year, the Sec8 retary shall make an allotment to each State 

9 educational agency having an application ap10 proved under subsection (d) in an amount that 

11 bears the same relation to the funds as the 

12 amount the State received under part A of title 

13 I of the Elementary and Secondary Education 

14 Act of 1965 (20 U.S.C. 6311 et seq.) bears to 

15 the amount received under such part by all 

16 States. 

17 (B) MINIMUM ALLOTMENT.—Notwith18 standing subparagraph (A), no State edu19 cational agency shall receive an allotment under 

20 this paragraph for a fiscal year in an amount 

21 that is less than 0.25 percent of the funds allot22 ted to all State educational agencies under sub23 paragraph (A) for the fiscal year. 

24 (4) REALLOTMENT.—If a State educational 

25 agency does not apply for a grant under this sub-
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1 title, the Secretary shall reallot the State educational 

2 agency’s allotment to the remaining States. 

3 (d) APPLICATIONS.— 

4 (1) IN GENERAL.—In order to receive a grant 

5 under this subtitle, a State educational agency shall 

6 submit an application to the Secretary at such time, 

7 in such manner, and accompanied by such informa8 tion as the Secretary may require. Each such appli9 cation shall meet the following conditions: 

10 (A) A State educational agency shall not 

11 include the application for assistance under this 

12 subtitle in a consolidated application submitted 

13 under section 9302 of the Elementary and Sec14 ondary Education Act of 1965 (20 U.S.C. 

15 7842). 

16 (B) The State educational agency’s appli17 cation shall include an assurance that— 

18 (i) the State educational agency has 

19 established a reading and writing partner20 ship that— 

21 (I) coordinated the development 

22 of the application for a grant under 

23 this subtitle; and 

24 (II) will assist in designing and 

25 administering the State educational 
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1 agency’s program under this subtitle; 

2 and 

3 (ii) the State educational agency will 

4 participate, if requested, in any evaluation 

5 of the State educational agency’s program 

6 under this subtitle. 

7 (C) The State educational agency’s appli8 cation shall include a program plan that con9 tains a description of the following: 

10 (i) How the State educational agency 

11 will assist eligible local educational agen12 cies in implementing subgrants, including 

13 providing ongoing professional development 

14 for literacy coaches, teachers, paraprofes15 sionals, and administrators. 

16 (ii) How the State educational agency 

17 will help eligible local educational agencies 

18 identify high-quality screening, diagnostic, 

19 and classroom-based instructional reading 

20 and writing assessments. 

21 (iii) How the State educational agency 

22 will help eligible local educational agencies 

23 identify high-quality research-based mate24 rials and programs. 
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1 (iv) How the State educational agency 

2 will help eligible local educational agencies 

3 identify appropriate and effective mate4 rials, programs, and assessments for stu5 dents with disabilities and students with 

6 limited English proficiency. 

7 (v) How the State educational agency 

8 will ensure that professional development 

9 funded under this subtitle— 

10 (I) is based on reading and writ11 ing research; 

12 (II) will effectively improve in13 structional practices for reading and 

14 writing for middle school and sec15 ondary school students; and 

16 (III) is coordinated with profes17 sional development activities funded 

18 through other programs (including 

19 federally funded programs such as 

20 programs funded under the Adult 

21 Education and Family Literacy Act 

22 (20 U.S.C. 9201 et seq.), the Individ23 uals with Disabilities Education Act 

24 (20 U.S.C. 1400 et seq.), and the Ele25 mentary and Secondary Education 
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1 Act of 1965 (20 U.S.C. 6301 et 

2 seq.)). 

3 (vi) How funded activities will help 

4 teachers and other instructional staff to 

5 implement research-based components of 

6 reading and writing instruction. 

7 (vii) The subgrant process the State 

8 educational agency will use to ensure that 

9 eligible local educational agencies receiving 

10 subgrants implement programs and prac11 tices based on reading and writing re12 search. 

13 (viii) How the State educational agen14 cy will build on and promote coordination 

15 among reading and writing programs in 

16 the State to increase overall effectiveness 

17 in improving reading and writing instruc18 tion, including for students with disabilities 

19 and students with limited English pro20 ficiency. 

21 (ix) How the State educational agency 

22 will regularly assess and evaluate the effec23 tiveness of the eligible local educational 

24 agency activities funded under this sub25 title. 
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1 (2) REVIEW OF APPLICATIONS.—The Secretary 

2 shall review applications from State educational 

3 agencies under this subsection as the applications 

4 are received. 

5 (e) STATE USE OF FUNDS.—Each State educational 

6 agency receiving a grant under this subtitle shall— 

7 (1) establish a reading and writing partnership, 

8 which may be the same as the partnership estab9 lished under section 1203(d) of the Elementary and 

10 Secondary Education Act of 1965 (20 U.S.C. 

11 6363(d)), that will provide guidance to eligible local 

12 educational agencies in selecting or developing and 

13 implementing appropriate, research-based reading 

14 and writing programs for middle school and sec15 ondary school students; 

16 (2) use 80 percent of the grant funds received 

17 under this subtitle for a fiscal year to award sub18 grants to eligible local educational agencies having 

19 applications approved under section 112(a); and 

20 (3) use 20 percent of the grant funds received 

21 under this subtitle— 

22 (A) to carry out State-level activities de23 scribed in the application submitted under sub24 section (d); 

25 (B) to provide— 
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1 (i) technical assistance to eligible local 

2 educational agencies; and 

3 (ii) high-quality professional develop4 ment to teachers and literacy coaches; 

5 (C) to oversee and evaluate subgrant serv6 ices and activities undertaken by the eligible 

7 local educational agencies as described in sec8 tion 112(c); and 

9 (D) for administrative costs, 

10 of which not more than 10 percent of the grant 

11 funds may be used for planning, administration, and 

12 reporting. 

13 (f) NOTICE TO ELIGIBLE LOCAL EDUCATIONAL

14 AGENCIES.—Each State educational agency receiving a 

15 grant under this subtitle shall provide notice to all eligible 

16 local educational agencies in the State about the avail17 ability of subgrants under this subtitle. 

18 (g) SUPPLEMENT NOT SUPPLANT.—Each State edu19 cational agency receiving a grant under this subtitle shall 

20 use the grant funds to supplement not supplant State 

21 funding for activities authorized under this subtitle or for 

22 other educational activities. 

23 (h) NEW SERVICES AND ACTIVITIES.—Grant funds 

24 provided under this subtitle may be used only to provide 

25 services and activities authorized under this subtitle that 
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1 were not provided on the day before the date of enactment 

2 of this Act. 

3 SEC. 112. SUBGRANTS TO ELIGIBLE LOCAL EDUCATIONAL 

4 AGENCIES. 

5 (a) APPLICATION.— 

6 (1) IN GENERAL.—Each eligible local edu7 cational agency desiring a subgrant under this sub8 title shall submit an application to the State edu9 cational agency in the form and according to the 

10 schedule established by the State educational agen11 cy. 

12 (2) CONTENTS.—In addition to any information 

13 required by the State educational agency, each appli14 cation under paragraph (1) shall demonstrate how 

15 the eligible local educational agency will carry out 

16 the following required activities: 

17 (A) Development or selection and imple18 mentation of research-based reading and writ19 ing assessments. 

20 (B) Development or selection and imple21 mentation of research-based reading and writ22 ing programs, including programs for students 

23 with disabilities and students with limited 

24 English proficiency. 
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1 (C) Selection of instructional materials 

2 based on reading and writing research. 

3 (D) High-quality professional development 

4 for literacy coaches and teachers based on read5 ing and writing research. 

6 (E) Evaluation strategies. 

7 (F) Reporting. 

8 (G) Providing access to research-based 

9 reading and writing materials. 

10 (3) CONSORTIA.—An eligible local educational 

11 agency may apply to the State educational agency 

12 for a subgrant as a member of a consortium, if each 

13 member of the consortium is an eligible local edu14 cational agency. 

15 (b) AWARD BASIS.— 

16 (1) MINIMUM SUBGRANT AMOUNT.—Each eligi17 ble local educational agency receiving a subgrant 

18 under this subtitle for a fiscal year shall receive a 

19 minimum subgrant amount that bears the same re20 lation to the amount of funds made available to the 

21 State educational agency under section 111(e)(2) as 

22 the amount the eligible local educational agency re23 ceived under part A of title I of the Elementary and 

24 Secondary Education Act of 1965 (20 U.S.C. 6311 

25 et seq.) for the preceding fiscal year bears to the 
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1 amount received by all eligible local educational 

2 agencies under such part for the preceding fiscal 

3 year. 

4 (2) SUFFICIENT SIZE AND SCOPE.—Subgrants 

5 under this section shall be of sufficient size and 

6 scope to enable eligible local educational agencies to 

7 fully implement activities assisted under this sub8 title. 

9 (c) LOCAL USE OF FUNDS.—Each eligible local edu10 cational agency receiving a subgrant under this subtitle 

11 shall use the subgrant funds to carry out, at the middle 

12 school and secondary school level, the following services 

13 and activities: 

14 (1) Hiring literacy coaches, at a ratio of not 

15 less than 1 literacy coach for every 20 teachers, and 

16 providing professional development for literacy 

17 coaches— 

18 (A) to work with classroom teachers to in19 corporate reading and writing instruction within 

20 all subject areas, during regular classroom peri21 ods, after school, and during summer school 

22 programs, for all students; 

23 (B) to work with classroom teachers to 

24 identify students with reading and writing prob25 lems and, where appropriate, refer students to 
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1 available programs for remediation and addi2 tional services; 

3 (C) to work with classroom teachers to di4 agnose and remediate reading and writing dif5 ficulties of the lowest-performing students, by 

6 providing intensive, research-based instruction, 

7 including during after school and summer ses8 sions, geared toward ensuring that the students 

9 can access and be successful in rigorous aca10 demic coursework; and 

11 (D) to assess and organize student data on 

12 literacy and communicate that data to school 

13 administrators to inform school reform efforts. 

14 (2) Reviewing, analyzing, developing, and, 

15 where possible, adapting curricula to make sure lit16 eracy skills are taught within the content area sub17 jects. 

18 (3) Providing reading and writing professional 

19 development for all teachers in middle school and 

20 secondary school that addresses both remedial and 

21 higher level literacy skills for students in the applica22 ble curriculum. 

23 (4) Providing professional development for 

24 teachers, administrators, and paraprofessionals serv25 ing middle schools and secondary schools to help the 
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1 teachers, administrators, and paraprofessionals meet 

2 literacy needs. 

3 (5) Procuring and implementing programs and 

4 instructional materials based on reading and writing 

5 research, including software and other education 

6 technology related to reading and writing instruc7 tion. 

8 (6) Building on and promoting coordination 

9 among reading and writing programs in the eligible 

10 local educational agency to increase overall effective11 ness in improving reading and writing instruction, 

12 including for students with disabilities and students 

13 with limited English proficiency. 

14 (7) Evaluating the effectiveness of the instruc15 tional strategies, teacher professional development 

16 programs, and other interventions that are imple17 mented under the subgrant. 

18 (d) SUPPLEMENT NOT SUPPLANT.—Each eligible 

19 local educational agency receiving a subgrant under this 

20 subtitle shall use the subgrant funds to supplement not 

21 supplant the eligible local educational agency funding for 

22 activities authorized under this subtitle or for other edu23 cational activities. 

24 (e) NEW SERVICES AND ACTIVITIES.—Subgrant 

25 funds provided under this subtitle may be used only to 
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1 provide services and activities authorized under this sub2 title that were not provided on the day before the date 

3 of enactment of this Act. 

4 (f) EVALUATIONS.—Each eligible local educational 

5 agency receiving a grant under this subtitle shall partici6 pate, as requested by the State educational agency or the 

7 Secretary, in reviews and evaluations of the programs of 

8 the eligible local educational agency and the effectiveness 

9 of such programs, and shall provide such reports as are 

10 requested by the State educational agency and the Sec11 retary. 

12 Subtitle B—Mathematics Skills 

13 Programs 

14 SEC. 121. MATHEMATICS SKILLS PROGRAMS. 

15 (a) GRANTS AUTHORIZED.— 

16 (1) IN GENERAL.—From funds appropriated 

17 under section 104(b) for a fiscal year, the Secretary 

18 shall establish a program, in accordance with the re19 quirements of this subtitle, that will provide grants 

20 to State educational agencies, and grants and sub21 grants to eligible local educational agencies, to estab22 lish mathematics programs to improve the overall 

23 mathematics performance of students in middle 

24 school and secondary school. 
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1 (2) LENGTH OF GRANT.—A grant to a State 

2 educational agency under this subtitle shall be 

3 awarded for a period of 6 years. 

4 (b) RESERVATION OF FUNDS BY THE SECRETARY.— 

5 From amounts appropriated under section 104(b) for a 

6 fiscal year, the Secretary shall reserve— 

7 (1) 3 percent of such amounts to fund national 

8 activities in support of the programs assisted under 

9 this subtitle, such as research and dissemination of 

10 best practices, except that the Secretary may not use 

11 the reserved funds to award grants directly to local 

12 educational agencies; and 

13 (2) 2 percent of such amounts for the Bureau 

14 of Indian Affairs to carry out the services and activi15 ties described in section 122(c) for Indian children. 

16 (c) GRANT FORMULAS.— 

17 (1) FORMULA GRANTS TO STATE EDUCATIONAL

18 AGENCIES.—If the amounts appropriated under sec19 tion 104(b) for a fiscal year are equal to or greater 

20 than $500,000,000, then the Secretary shall award 

21 grants, from allotments under paragraph (3), to 

22 State educational agencies to enable the State edu23 cational agencies to provide subgrants to eligible 

24 local educational agencies to establish mathematics 

25 programs to improve overall mathematics perform-
26 

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1 ance among students in middle school and secondary 

2 school. 

3 (2) DIRECT GRANTS TO ELIGIBLE LOCAL EDU4 CATIONAL AGENCIES.— 

5 (A) IN GENERAL.—If the amounts appro6 priated under section 104(b) for a fiscal year 

7 are less than $500,000,000, then the Secretary 

8 shall award grants, on a competitive basis, di9 rectly to eligible local educational agencies to 

10 establish mathematics programs to improve 

11 overall mathematics performance among stu12 dents in middle school and secondary school. 

13 (B) PRIORITY.—The Secretary shall give 

14 priority in awarding grants under this para15 graph to eligible local educational agencies 

16 that— 

17 (i) are among the local educational 

18 agencies in the State with the lowest grad19 uation rates, as described in section 

20 1111(b)(2)(C)(vi) of the Elementary and 

21 Secondary Education Act of 1965 (20 

22 U.S.C. 6311(b)(2)(C)(vi)); and 

23 (ii) have the highest number or per24 centage of students who are counted under 

25 section 1124(c) of the Elementary and 
27 

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1 Secondary Education Act of 1965 (20 

2 U.S.C. 6333(c)). 

3 (3) ALLOTMENTS TO STATES.— 

4 (A) IN GENERAL.—From funds appro5 priated under section 104(b) and not reserved 

6 under subsection (b) for a fiscal year, the Sec7 retary shall make an allotment to each State 

8 educational agency having an application ap9 proved under subsection (d) in an amount that 

10 bears the same relation to the funds as the 

11 amount the State received under part A of title 

12 I of the Elementary and Secondary Education 

13 Act of 1965 (20 U.S.C. 6311 et seq.) bears to 

14 the amount received under such part by all 

15 States. 

16 (B) MINIMUM ALLOTMENT.—Notwith17 standing subparagraph (A), no State edu18 cational agency shall receive an allotment under 

19 this paragraph for a fiscal year in an amount 

20 that is less than 0.25 percent of the funds allot21 ted to all State educational agencies under sub22 paragraph (A) for the fiscal year. 

23 (4) REALLOTMENT.—If a State educational 

24 agency does not apply for a grant under this sub-
28 

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1 title, the Secretary shall reallot the State educational 

2 agency’s allotment to the remaining States. 

3 (d) APPLICATIONS.— 

4 (1) IN GENERAL.—In order to receive a grant 

5 under this subtitle, a State educational agency shall 

6 submit an application to the Secretary at such time, 

7 in such manner, and accompanied by such informa8 tion as the Secretary may require. Each such appli9 cation shall meet the following conditions: 

10 (A) A State educational agency shall not 

11 include the application for assistance under this 

12 subtitle in a consolidated application submitted 

13 under section 9302 of the Elementary and Sec14 ondary Education Act of 1965 (20 U.S.C. 

15 7842). 

16 (B) The State educational agency’s appli17 cation shall include an assurance that— 

18 (i) the State educational agency has 

19 established a mathematics partnership 

20 that— 

21 (I) coordinated the development 

22 of the application for a grant under 

23 this subtitle; and 

24 (II) will assist in designing and 

25 administering the State educational 
29 

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1 agency’s program under this subtitle; 

2 and 

3 (ii) the State educational agency will 

4 participate, if requested, in any evaluation 

5 of the State educational agency’s program 

6 under this subtitle. 

7 (C) The State educational agency’s appli8 cation shall include a program plan that con9 tains a description of the following: 

10 (i) How the State educational agency 

11 will assist eligible local educational agen12 cies in implementing subgrants, including 

13 providing ongoing professional development 

14 for mathematics coaches, teachers, para15 professionals, and administrators. 

16 (ii) How the State educational agency 

17 will help eligible local educational agencies 

18 identify high-quality screening, diagnostic, 

19 and classroom-based instructional mathe20 matics assessments. 

21 (iii) How the State educational agency 

22 will help eligible local educational agencies 

23 identify high-quality research-based mathe24 matics materials and programs. 
30 

•S 921 IS

1 (iv) How the State educational agency 

2 will help eligible local educational agencies 

3 identify appropriate and effective mate4 rials, programs, and assessments for stu5 dents with disabilities and students with 

6 limited English proficiency. 

7 (v) How the State educational agency 

8 will ensure that professional development 

9 funded under this subtitle— 

10 (I) is based on mathematics re11 search; 

12 (II) will effectively improve in13 structional practices for mathematics 

14 for middle school and secondary 

15 school students; and 

16 (III) is coordinated with profes17 sional development activities funded 

18 through other programs. 

19 (vi) How funded activities will help 

20 teachers and other instructional staff to 

21 implement research-based components of 

22 mathematics instruction. 

23 (vii) The subgrant process the State 

24 educational agency will use to ensure that 

25 eligible local educational agencies receiving 
31 

•S 921 IS

1 subgrants implement programs and prac2 tices based on mathematics research. 

3 (viii) How the State educational agen4 cy will build on and promote coordination 

5 among mathematics programs in the State 

6 to increase overall effectiveness in improv7 ing mathematics instruction, including for 

8 students with disabilities and students with 

9 limited English proficiency. 

10 (ix) How the State educational agency 

11 will regularly assess and evaluate the effec12 tiveness of the eligible local educational 

13 agency activities funded under this sub14 title. 

15 (2) REVIEW OF APPLICATIONS.—The Secretary 

16 shall review applications from State educational 

17 agencies under this subsection as the applications 

18 are received. 

19 (e) STATE USE OF FUNDS.—Each State educational 

20 agency receiving a grant under this subtitle shall— 

21 (1) establish a mathematics partnership that 

22 will provide guidance to eligible local educational 

23 agencies in selecting or developing and implementing 

24 appropriate, research-based mathematics programs 

25 for middle school and secondary school students; 
32 

•S 921 IS

1 (2) use 80 percent of the grant funds received 

2 under this subtitle for a fiscal year to approve high3 quality applications for subgrants to eligible local 

4 educational agencies having applications approved 

5 under section 122(a); and 

6 (3) use 20 percent of the grant funds received 

7 under this subtitle— 

8 (A) to carry out State-level activities de9 scribed in the application submitted under sub10 section (d); 

11 (B) to provide— 

12 (i) technical assistance to eligible local 

13 educational agencies; and 

14 (ii) high-quality professional develop15 ment to teachers and mathematics coaches; 

16 (C) to oversee and evaluate subgrant serv17 ices and activities undertaken by the eligible 

18 local educational agencies as described in sec19 tion 122(c); and 

20 (D) for administrative costs, 

21 of which not more than 10 percent of the grant 

22 funds may be used for planning, administration, and 

23 reporting. 

24 (f) NOTICE TO ELIGIBLE LOCAL EDUCATIONAL

25 AGENCIES.—Each State educational agency receiving a 
33 

•S 921 IS

1 grant under this subtitle shall provide notice to all eligible 

2 local educational agencies in the State about the avail3 ability of subgrants under this subtitle. 

4 (g) SUPPLEMENT NOT SUPPLANT.—Each State edu5 cational agency receiving a grant under this subtitle shall 

6 use the grant funds to supplement not supplant State 

7 funding for activities authorized under this subtitle or for 

8 other educational activities. 

9 (h) NEW SERVICES AND ACTIVITIES.—Grant funds 

10 provided under this subtitle may be used only to provide 

11 services and activities authorized under this subtitle that 

12 were not provided on the day before the date of enactment 

13 of this Act. 

14 SEC. 122. SUBGRANTS TO ELIGIBLE LOCAL EDUCATIONAL 

15 AGENCIES. 

16 (a) APPLICATION.— 

17 (1) IN GENERAL.—Each eligible local edu18 cational agency desiring a subgrant under this sub19 title shall submit an application to the State edu20 cational agency in the form and according to the 

21 schedule established by the State educational agen22 cy. 

23 (2) CONTENTS.—In addition to any information 

24 required by the State educational agency, each appli25 cation under paragraph (1) shall demonstrate how 
34 

•S 921 IS

1 the eligible local educational agency will carry out 

2 the following required activities: 

3 (A) Development or selection and imple4 mentation of research-based mathematics as5 sessments. 

6 (B) Development or selection and imple7 mentation of research-based mathematics pro8 grams, including programs for students with 

9 disabilities and students with limited English 

10 proficiency. 

11 (C) Selection of instructional materials 

12 based on mathematics research. 

13 (D) High-quality professional development 

14 for mathematics coaches and teachers based on 

15 mathematics research. 

16 (E) Evaluation strategies. 

17 (F) Reporting. 

18 (G) Providing access to research-based 

19 mathematics materials. 

20 (3) CONSORTIA.—An eligible local educational 

21 agency may apply to the State educational agency 

22 for a subgrant as a member of a consortium if each 

23 member of the consortium is an eligible local edu24 cational agency. 

25 (b) AWARD BASIS.— 
35 

•S 921 IS

1 (1) MINIMUM SUBGRANT AMOUNT.—Each eligi2 ble local educational agency receiving a subgrant 

3 under this subtitle for a fiscal year shall receive a 

4 minimum subgrant amount that bears the same re5 lation to the amount of funds made available to the 

6 State educational agency under section 121(e)(2) as 

7 the amount the eligible local educational agency re8 ceived under part A of title I of the Elementary and 

9 Secondary Education Act of 1965 (20 U.S.C. 6311 

10 et seq.) for the preceding fiscal year bears to the 

11 amount received by all eligible local educational 

12 agencies under such part for the preceding fiscal 

13 year. 

14 (2) SUFFICIENT SIZE AND SCOPE.—Subgrants 

15 under this section shall be of sufficient size and 

16 scope to enable eligible local educational agencies to 

17 fully implement activities assisted under this sub18 title. 

19 (c) LOCAL USE OF FUNDS.—Each eligible local edu20 cational agency receiving a subgrant under this subtitle 

21 shall use the subgrant funds to carry out, at the middle 

22 school and secondary school level, the following services 

23 and activities: 

24 (1) Hiring mathematics coaches, at a ratio of 

25 not less than 1 mathematics coach for every 20 
36 

•S 921 IS

1 teachers, and providing professional development for 

2 mathematics coaches— 

3 (A) to work with classroom teachers to bet4 ter assess student learning in mathematics; 

5 (B) to work with classroom teachers to 

6 identify students with mathematics problems 

7 and, where appropriate, refer students to avail8 able programs for remediation and additional 

9 services; 

10 (C) to work with classroom teachers to di11 agnose and remediate mathematics difficulties 

12 of the lowest-performing students, by providing 

13 intensive, research-based instruction, including 

14 during after school and summer sessions, 

15 geared toward ensuring that those students can 

16 access and be successful in rigorous academic 

17 coursework; and 

18 (D) to assess and organize student data on 

19 mathematics and communicate that data to 

20 school administrators to inform school reform 

21 efforts. 

22 (2) Reviewing, analyzing, developing, and, 

23 where possible, adapting curricula to make sure 

24 mathematics skills are taught within the content 

25 area subjects. 
37 

•S 921 IS

1 (3) Providing mathematics professional develop2 ment for all teachers in middle school and secondary 

3 school that addresses both remedial and higher level 

4 mathematics skills for students in the applicable cur5 riculum. 

6 (4) Providing professional development for 

7 teachers, administrators, and paraprofessionals serv8 ing middle schools and secondary schools to help the 

9 teachers, administrators, and paraprofessionals meet 

10 mathematics needs. 

11 (5) Procuring and implementing programs and 

12 instructional materials based on mathematics re13 search, including software and other education tech14 nology related to mathematics instruction. 

15 (6) Building on and promoting coordination 

16 among mathematics programs in the eligible local 

17 educational agency to increase overall effectiveness 

18 in improving mathematics instruction, including for 

19 students with disabilities and students with limited 

20 English proficiency. 

21 (7) Evaluating the effectiveness of the instruc22 tional strategies, teacher professional development 

23 programs, and other interventions that are imple24 mented under the subgrant. 
38 

•S 921 IS

1 (d) SUPPLEMENT NOT SUPPLANT.—Each eligible 

2 local educational agency receiving a subgrant under this 

3 subtitle shall use the subgrant funds to supplement not 

4 supplant the eligible local educational agency funding for 

5 activities authorized under this subtitle or for other edu6 cational activities. 

7 (e) NEW SERVICES AND ACTIVITIES.—Subgrant 

8 funds provided under this subtitle may be used only to 

9 provide services and activities authorized under this sub10 title that were not provided on the day before the date 

11 of enactment of this Act. 

12 (f) EVALUATIONS.—Each eligible local educational 

13 agency receiving a grant under this subtitle shall partici14 pate, as requested by the State educational agency or the 

15 Secretary, in reviews and evaluations of the programs of 

16 the eligible local educational agency and the effectiveness 

17 of such programs, and shall provide such reports as are 

18 requested by the State educational agency and the Sec19 retary. 

20 TITLE II—PATHWAYS TO 

21 SUCCESS 

22 SEC. 201. FINDINGS. 

23 Congress makes the following findings: 
39 

•S 921 IS

1 (1) In 2003, approximately 60 percent of stu2 dents in the poorest communities failed to graduate 

3 from secondary school on time. 

4 (2) All ninth grade students should have a plan 

5 that assesses the student’s instructional needs and 

6 outlines the coursework the student must complete 

7 to graduate on time, properly prepared for college 

8 and career. 

9 (3) Research shows that 1 of the most impor10 tant factors behind student success in secondary 

11 school is a close connection with at least 1 adult who 

12 demonstrates concern for the student’s advancement. 

13 (4) Secondary school counselors can help stu14 dents receive the instructional, tutorial, and social 

15 supports that contribute to academic success. 

16 (5) Model programs around the Nation have 

17 demonstrated that effective academic and support 

18 plans for students, developed by counselors serving 

19 as academic coaches, in cooperation with students 

20 and parents, result in a higher percentage of stu21 dents graduating from secondary school well pre22 pared for college study. 

23 SEC. 202. DEFINITIONS. 

24 In this title: 
40 

•S 921 IS

1 (1) IN GENERAL.—The terms ‘‘local educational 

2 agency’’, ‘‘poverty line’’, ‘‘secondary school’’, ‘‘Sec3 retary’’, and ‘‘State educational agency’’ have the 

4 meaning given the terms in section 9101 of the Ele5 mentary and Secondary Education Act of 1965 (20 

6 U.S.C. 7801). 

7 (2) ACADEMIC COUNSELOR.—The term ‘‘aca8 demic counselor’’ means a highly qualified profes9 sional who has received professional development ap10 propriate to perform the services described in section 

11 205(c). 

12 (3) ELIGIBLE LOCAL EDUCATIONAL AGENCY.— 

13 The term ‘‘eligible local educational agency’’ means 

14 a local educational agency who has jurisdiction over 

15 not less than 1 secondary school receiving assistance 

16 under part A of title I of the Elementary and Sec17 ondary Education Act of 1965 (20 U.S.C. 6311 et 

18 seq.). 

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

20 the 50 States, the District of Columbia, the Com21 monwealth of Puerto Rico, the United States Virgin 

22 Islands, Guam, American Samoa, and the Common23 wealth of the Northern Mariana Islands. 
41 

•S 921 IS

1 SEC. 203. PROGRAM AUTHORIZED. 

2 The Secretary is authorized to establish a program, 

3 in accordance with the requirements of this title, that— 

4 (1) enables a secondary school that receives as5 sistance under title I of the Elementary and Sec6 ondary Education Act of 1965 (20 U.S.C. 6301 et 

7 seq.), to hire a sufficient number of academic coun8 selors, in a ratio of not less than 1 counselor to 150 

9 students, to develop personal plans for each student 

10 at the school, including students with limited 

11 English proficiency; 

12 (2) involves parents in the development and im13 plementation of the personal plans; and 

14 (3) provides academic counselors and staff at 

15 the schools receiving grants under this title the op16 portunity to coordinate with other programs and 

17 services, including those supported by Federal funds, 

18 to ensure that students have access to the resources 

19 and services necessary to fulfill the students’ per20 sonal plans. 

21 SEC. 204. GRANTS TO STATES. 

22 (a) GRANTS AUTHORIZED.—From amounts made 

23 available under section 206 and not reserved under sub24 section (i), the Secretary shall award grants, from allot25 ments under subsection (b), to State educational agencies 

26 to enable the State educational agencies to provide sub-
42 

•S 921 IS

1 grants to eligible local educational agencies to implement 

2 programs in secondary schools in accordance with this 

3 title. 

4 (b) ALLOTMENTS TO STATES.— 

5 (1) IN GENERAL.—From funds appropriated 

6 under section 206 and not reserved under subsection 

7 (i) for a fiscal year, the Secretary shall make an al8 lotment to each State educational agency having an 

9 application approved under subsection (d) in an 

10 amount that bears the same relation to the funds as 

11 the amount the State received under part A of title 

12 I of the Elementary and Secondary Education Act 

13 of 1965 (20 U.S.C. 6311 et seq.) bears to the 

14 amount received under such part by all States. 

15 (2) MINIMUM ALLOTMENT.—Notwithstanding 

16 paragraph (1), no State educational agency shall re17 ceive an allotment under this subsection for a fiscal 

18 year in an amount that is less than 0.25 percent of 

19 the amount allotted to the State educational agen20 cies under subsection (e)(1) for the fiscal year. 

21 (3) RATABLE REDUCTIONS.—If the amount ap22 propriated to carry out this title for any fiscal year 

23 is less than $2,000,000,000, then the Secretary shall 

24 ratably reduce the allotment made to each State 

25 educational agency under this subsection in propor-
43 

•S 921 IS

1 tion to the relative number of children who are 

2 counted under section 1124(c) of the Elementary 

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

4 6333(c)), in the State compared to such number for 

5 all States. 

6 (c) LENGTH OF GRANTS.—A grant to a State edu7 cational agency under this title shall be awarded for a pe8 riod of 6 years. 

9 (d) APPLICATIONS.—In order to receive a grant 

10 under this title, a State educational agency shall submit 

11 an application to the Secretary in the form and according 

12 to the schedule established by the Secretary by regulation. 

13 (e) STATE USE OF FUNDS.—Each State educational 

14 agency receiving a grant under this title shall use— 

15 (1) 80 percent of the grant funds to award sub16 grants to eligible local educational agencies under 

17 section 205; and 

18 (2) 20 percent of the grant funds to provide 

19 professional development to academic counselors and 

20 technical assistance to local educational agencies, 

21 and to pay for administrative costs, of which not 

22 more than 10 percent of such 20 percent may be 

23 used for planning, administration, and reporting. 

24 (f) SUPPLEMENT NOT SUPPLANT.—Grant funds pro25 vided to State educational agencies under this title shall 
44 

•S 921 IS

1 be used to supplement not supplant funding provided by 

2 the State for activities authorized under this title or for 

3 other educational activities. 

4 (g) NEW SERVICES AND ACTIVITIES.—Grant funds 

5 provided under this title may be used only to provide serv6 ices and activities authorized under this title that were not 

7 provided on the day before the date of enactment of this 

8 Act. 

9 (h) REALLOTMENT.—If a State educational agency 

10 does not apply for funding under this title, the Secretary 

11 shall reallot the State educational agency’s allotment to 

12 the remaining eligible State educational agencies. 

13 (i) RESERVATIONS.—Of the funds appropriated 

14 under section 206 for each fiscal year, the Secretary shall 

15 reserve— 

16 (1) 2 percent for the Bureau of Indian Affairs 

17 to carry out the authorized activities described in 

18 section 205(c); and 

19 (2) 3 percent for national activities that sup20 port the programs assisted under this title, except 

21 that the Secretary shall not use such reserved funds 

22 to award grants directly to local educational agen23 cies. 
45 

•S 921 IS

1 SEC. 205. SUBGRANTS TO ELIGIBLE LOCAL EDUCATIONAL 

2 AGENCIES. 

3 (a) SUBGRANTS AUTHORIZED.—From amounts made 

4 available under section 204(e)(1), a State educational 

5 agency shall award subgrants to eligible local educational 

6 agencies having applications approved under subsection 

7 (b) to enable the eligible local educational agencies to 

8 carry out the authorized activities described in subsection 

9 (c). 

10 (b) APPLICATIONS.— 

11 (1) IN GENERAL.—Each eligible local edu12 cational agency desiring a subgrant under this title 

13 shall submit an application to the State educational 

14 agency in the form and according to the schedule es15 tablished by the State educational agency. Each 

16 such application shall describe how the eligible local 

17 educational agency will— 

18 (A) hire a sufficient number of highly 

19 qualified academic counselors to develop per20 sonal plans for all students in such students’ 

21 first year of secondary school, with a ratio of 1 

22 academic counselor to not more than 150 stu23 dents in each secondary school served under the 

24 subgrant; 

25 (B) provide adequate resources to each 

26 such school to offer the supplemental and other 
46 

•S 921 IS

1 support services that the implementation of stu2 dents’ personal plans require, and provide such 

3 supplemental services, where possible, through 

4 coordination with Federal TRIO programs 

5 under chapter 1 of subpart 2 of part A of title 

6 IV of the Higher Education Act of 1965 (20 

7 U.S.C. 1070a–11 et seq.), Gear Up programs 

8 under chapter 2 of such subpart (20 U.S.C. 

9 1070a–21 et seq.), programs under title I of the 

10 Elementary and Secondary Education Act of 

11 1965 (20 U.S.C. 6301 et seq.), 21st Century 

12 Community Learning Centers under part B of 

13 title IV of the Elementary and Secondary Edu14 cation Act of 1965 (20 U.S.C. 7171 et seq.), 

15 programs under the Individuals with Disabil16 ities Education Act (20 U.S.C. 1400 et seq.) (in 

17 accordance with students’ individualized edu18 cation programs), and programs under the Carl 

19 D. Perkins Vocational and Technical Education 

20 Act of 1998 (20 U.S.C. 2301 et seq.); 

21 (C) include parents in the development and 

22 implementation of students’ personal plans; and 

23 (D) provide staff at each such school with 

24 opportunities for appropriate professional devel25 opment and coordination to help the staff sup-
47 

•S 921 IS

1 port students in implementing the students’ 

2 personal plans. 

3 (2) CONSORTIA.—An eligible local educational 

4 agency may apply to the State educational agency 

5 for a subgrant as a consortium, if each member of 

6 the consortium is an eligible local educational agen7 cy. 

8 (c) AUTHORIZED ACTIVITIES.—Each eligible local 

9 educational agency receiving a subgrant under this title 

10 shall use the subgrant funds to provide the following serv11 ices: 

12 (1) Hiring academic counselors (at a ratio of 

13 not less than 1 counselor per 150 students) to de14 velop the 6-year personal plans for all students in 

15 such students’ first year of secondary school and co16 ordinate the services required to implement such 

17 personal plans. Such academic counselors shall— 

18 (A) work with students and their families 

19 to develop an individual plan that will define 

20 such students’ career and education goals, as21 sure enrollment in the coursework necessary for 

22 on-time graduation and preparation for career 

23 development or postsecondary education, and 

24 identify the courses and supplemental services 

25 necessary to meet those goals; 
48 

•S 921 IS

1 (B) advocate for students, helping the stu2 dents to access the services and supports nec3 essary to achieve the goals laid out in the per4 sonal plan for the student; 

5 (C) assure student access to services, both 

6 academic and nonacademic, needed to lower 

7 barriers to succeed as needed; 

8 (D) assess student progress on a regular 

9 basis; 

10 (E) work with school and eligible local edu11 cational agency administrators to promote re12 forms based on student needs and performance 

13 data; 

14 (F) involve parents or caregivers, including 

15 those parents or caregivers who are limited 

16 English proficient, and teachers, in the develop17 ment of students’ personal plans to ensure the 

18 support and assistance of the parents, care19 givers, and teachers in meeting the goals out20 lined in such personal plans; and 

21 (G) communicate to students and their 

22 families the importance of implementing the 2 

23 years of the personal plan following secondary 

24 school graduation, and work with institutions of 

25 higher education to help students transition 
49 

•S 921 IS

1 successfully and fully implement the students’ 

2 personal plans. 

3 (2) Determining the academic needs of all stu4 dents entering grade 9 and identifying barriers to 

5 success. 

6 (3) Ensuring availability of the services nec7 essary for the implementation of students’ personal 

8 plans, including access to a college preparatory cur9 riculum and advanced placement or international 

10 baccalaureate courses. 

11 (4) Where appropriate, modifying the cur12 riculum at a secondary school receiving subgrant 

13 funds under this title to address the instructional re14 quirements of students’ personal plans. 

15 (5) Providing for the ongoing assessment of 

16 students for whom personal plans have been devel17 oped and modifying such personal plans as nec18 essary. 

19 (6) Coordinating the services offered with 

20 subgrant funds received under this title with other 

21 Federal, State, and local funds, including programs 

22 authorized under title I of the Elementary and Sec23 ondary Education Act of 1965 (20 U.S.C. 6301 et 

24 seq.), sections 402A and 404A of the Higher Edu25 cation Act of 1965 (20 U.S.C. 1070a–11 and 
50 

•S 921 IS

1 1070a–21), the Individuals with Disabilities Edu2 cation Act (20 U.S.C. 1400 et seq.) (in accordance 

3 with students’ individualized education programs), 

4 and the Carl D. Perkins Vocational and Technical 

5 Education Act of 1998 (20 U.S.C. 2301 et seq.). 

6 (d) ELIGIBLE LOCAL EDUCATIONAL AGENCY PRI7 ORITY.—In awarding subgrants to eligible local edu8 cational agencies, a State educational agency shall give 

9 priority to eligible local educational agencies with— 

10 (1) the largest number or percentage of stu11 dents in grades 6 through 12 reading below grade 

12 level; or 

13 (2) the lowest graduation rates as described in 

14 section 1111(b)(2)(C)(vi) of the Elementary and 

15 Secondary Education Act of 1965 (20 U.S.C. 

16 6311(b)(2)(C)(vi)). 

17 (e) SCHOOL PRIORITY.—In awarding subgrant funds 

18 to secondary schools, an eligible local educational agency 

19 shall give priority to secondary schools that— 

20 (1) have the highest percentages or numbers of 

21 students in grades 6 through 12 reading below grade 

22 level; 

23 (2) have the highest percentages or numbers of 

24 children living below the poverty line according to 

25 census figures; or 
51 

•S 921 IS

1 (3) have the lowest graduation rates as de2 scribed in section 1111(b)(2)(C)(vi) of the Elemen3 tary and Secondary Education Act of 1965 (20 

4 U.S.C. 6311(b)(2)(C)(vi)). 

5 (f) MINIMUM SUBGRANT AMOUNT.—Each eligible 

6 local educational agency receiving a subgrant under this 

7 title for a fiscal year shall receive a minimum subgrant 

8 amount that bears the same relation to the amount of 

9 funds made available to the State educational agency 

10 under section 204(e)(1) as the amount the eligible local 

11 educational agency received under part A of title I of the 

12 Elementary and Secondary Education Act of 1965 (20 

13 U.S.C. 6311 et seq.) for the preceding fiscal year bears 

14 to the amount received by all eligible local educational 

15 agencies in the State under such part for the preceding 

16 fiscal year. 

17 (g) SUFFICIENT SIZE AND SCOPE.—Subgrants under 

18 this section shall be of sufficient size and scope to enable 

19 eligible local educational agencies to fully implement ac20 tivities assisted under this title. 

21 (h) SUPPLEMENT NOT SUPPLANT.—Each eligible 

22 local educational agency receiving a subgrant under this 

23 section shall use the subgrant funds to supplement not 

24 supplant funding for activities authorized under this title 

25 or for other educational activities. 
52 

•S 921 IS

1 (i) NEW SERVICES AND ACTIVITIES.—Subgrant 

2 funds provided under this section may be used only to pro3 vide services and activities authorized under this section 

4 that were not provided on the day before the date of enact5 ment of this Act. 

6 SEC. 206. AUTHORIZATION OF APPROPRIATIONS. 

7 For the purposes of carrying out this title, there are 

8 authorized to be appropriated $2,000,000,000 for fiscal 

9 year 2006 and such sums as may be necessary for each 

10 of the 5 succeeding fiscal years. 

11 TITLE III—FOSTERING SUCCESS12 FUL SECONDARY SCHOOLS 

13 SEC. 301. FINDINGS. 

14 Congress makes the following findings: 

15 (1) Personalization of the school environment 

16 has been proven to be an essential factor in helping 

17 low-performing secondary school students succeed. 

18 (2) Effective schools provide ongoing, high-qual19 ity professional development for teachers and admin20 istrators to improve instruction. 

21 (3) Student success is dependent upon align22 ment of curriculum, instruction, and assessment. 

23 (4) Successful schools adapt instruction to the 

24 unique interests and talents of each student. 
53 

•S 921 IS

1 (5) Successful schools have high expectations 

2 for all students and offer a rigorous curriculum for 

3 the entire student body. 

4 (6) Ongoing assessment is the best way to 

5 measure how each student is learning and respond6 ing to the teacher’s instructional methods. 

7 (7) Effective secondary schools have access to, 

8 and utilize, data related to student performance 

9 prior to, and following, secondary school enrollment. 

10 (8) Despite significant increases to the pro11 gram, only about 7 percent of funding for title I of 

12 the Elementary and Secondary Education Act of 

13 1965 (20 U.S.C. 6301 et seq.) goes to secondary 

14 schools. 

15 (9) Every year, 1,300,000 students do not 

16 graduate with their peers, which means every school 

17 day, our Nation loses 7,000 students. 

18 (10) Nationally, of 100 ninth-graders, only 68 

19 will graduate from high school on time, only 38 will 

20 directly enter college, only 26 will still be enrolled 

21 for the sophomore year, and only 18 will end up 

22 graduating from college. The numbers for minority 

23 students are even lower. 

24 (11) Even secondary school graduates going on 

25 to college are struggling with basic literacy skills, 
54 

•S 921 IS

1 with 40 percent of all 4-year college students taking 

2 a remedial course and 63 percent of all community 

3 college students assigned to at least 1 remedial 

4 course. 

5 SEC. 302. PURPOSES. 

6 It is the purpose of this title to implement research7 based programs, practices, and models that will improve 

8 student achievement in low performing secondary schools. 

9 SEC. 303. DEFINITIONS. 

10 In this title: 

11 (1) IN GENERAL.—The terms ‘‘institution of 

12 higher education’’, ‘‘local educational agency’’, ‘‘sec13 ondary school’’, ‘‘Secretary’’, and ‘‘State educational 

14 agency’’ have the meanings given the terms in sec15 tion 9101 of the Elementary and Secondary Edu16 cation Act of 1965 (20 U.S.C. 7801). 

17 (2) ELIGIBLE LOCAL EDUCATIONAL AGENCY.— 

18 The term ‘‘eligible local educational agency’’ means 

19 a local educational agency that has jurisdiction over 

20 not less than 1 eligible secondary school. 

21 (3) ELIGIBLE PARTNERSHIP.—The term ‘‘eligi22 ble partnership’’ means— 

23 (A) an eligible local educational agency in 

24 partnership with a regional educational labora25 tory, an institution of higher education, or an-
55 

•S 921 IS

1 other nonprofit institution with significant expe2 rience in implementing and evaluating edu3 cation reforms; or 

4 (B) a consortium of eligible secondary 

5 schools or eligible local educational agencies, 

6 each of which is an eligible entity described in 

7 subparagraph (A). 

8 (4) ELIGIBLE SECONDARY SCHOOL.—The term 

9 ‘‘eligible secondary school’’ means a secondary school 

10 identified for school improvement under section 

11 1116(b) of the Elementary and Secondary Edu12 cation Act of 1965 (20 U.S.C. 6316(b)), as of the 

13 day preceding the date of enactment of the Path14 ways for All Students to Succeed Act. 

15 (5) STATE.—The term ‘‘State’’ means each of 

16 the several States of the United States, the District 

17 of Columbia, the Commonwealth of Puerto Rico, the 

18 United States Virgin Islands, Guam, American 

19 Samoa, and the Commonwealth of the Northern 

20 Mariana Islands. 

21 SEC. 304. PROGRAM AUTHORIZED; AUTHORIZATION OF AP22 PROPRIATIONS. 

23 (a) PROGRAM AUTHORIZED.—The Secretary is au24 thorized to award grants to State educational agencies, 

25 from allotments under section 305(b), to enable the State 
56 

•S 921 IS

1 educational agencies to award subgrants to eligible local 

2 educational agencies, from allocations under section 

3 305(c)(2), to promote secondary school improvement and 

4 student achievement. 

5 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

6 are authorized to be appropriated to carry out this title 

7 $500,000,000 for fiscal year 2006 and such sums as may 

8 be necessary for each of the 5 succeeding fiscal years. 

9 SEC. 305. RESERVATIONS, STATE ALLOTMENTS, AND LOCAL 

10 ALLOCATIONS. 

11 (a) RESERVATIONS.—From funds appropriated 

12 under section 304(b) for a fiscal year the Secretary shall 

13 reserve— 

14 (1) 2 percent for schools funded or supported 

15 by the Bureau of Indian Affairs to carry out the 

16 purposes of this title for Indian children; 

17 (2) 3 percent to carry out national activities in 

18 support of the purposes of this title; and 

19 (3) 95 percent for allotment to the States in ac20 cordance with subsection (b). 

21 (b) ALLOTMENT TO STATES.— 

22 (1) IN GENERAL.—From funds reserved under 

23 subsection (a)(3) for a fiscal year, the Secretary 

24 shall make an allotment to each State educational 

25 agency in an amount that bears the same relation-
57 

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1 ship to the funds as the number of schools in that 

2 State that have been identified for school improve3 ment under section 1116(b) of the Elementary and 

4 Secondary Education Act of 1965 (20 U.S.C. 

5 6316(b)), bears to the number of schools in all 

6 States that have been identified for school improve7 ment under such section 1116(b). 

8 (2) REALLOTMENT.—The portion of any State 

9 educational agency’s allotment that is not used by 

10 the State educational agency shall be reallotted 

11 among the remaining State educational agencies on 

12 the same basis as the original allotments were made 

13 under paragraph (1). 

14 (c) ALLOCATIONS TO ELIGIBLE LOCAL EDU15 CATIONAL AGENCIES.— 

16 (1) RESERVATIONS.—Each State educational 

17 agency receiving a grant under this title shall re18 serve— 

19 (A) not more than 10 percent of the grant 

20 funds— 

21 (i) for State-level activities to provide 

22 high-quality professional development and 

23 technical assistance to local educational 

24 agencies receiving funds under this title 

25 and to other local educational agencies as 
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1 appropriate, including the dissemination 

2 and implementation of research-based pro3 grams, practices, and models for secondary 

4 school improvement; and 

5 (ii) to contract for the evaluation of 

6 all programs and activities in the State 

7 that are assisted under this title; and 

8 (B) not less than 90 percent of the grant 

9 funds to award subgrants to eligible local edu10 cational agencies to enable the eligible local 

11 educational agencies to carry out the activities 

12 described in section 306. 

13 (2) LOCAL ALLOCATION.—From funds reserved 

14 under paragraph (1)(B), the State educational agen15 cy shall allocate to each eligible local educational 

16 agency in the State an amount that bears the same 

17 relation to such funds as the number of secondary 

18 schools that have been identified for school improve19 ment under section 1116(b) of the Elementary and 

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

21 6316(b)), that are served by the eligible local edu22 cational agency, bears to the number of such schools 

23 served by all eligible local educational agencies in the 

24 State. 
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1 SEC. 306. LOCAL USES OF FUNDS. 

2 Each eligible local educational agency receiving a 

3 subgrant under this title shall use the subgrant funds for 

4 activities to improve secondary schools that have been 

5 identified for school improvement under section 1116(b) 

6 of the Elementary and Secondary Education Act of 1965 

7 (20 U.S.C. 6316(b)), such as— 

8 (1) developing and implementing research-based 

9 programs or models that have been shown to raise 

10 achievement among secondary school students, in11 cluding smaller learning communities, adolescent lit12 eracy programs, block scheduling, whole school re13 forms, individualized learning plans, personalized 

14 learning environments, and strategies to target stu15 dents making the transition from middle school to 

16 secondary school; 

17 (2) promoting community investment in school 

18 quality by engaging parents, businesses, and commu19 nity-based organizations in the development of re20 form plans for eligible secondary schools; 

21 (3) researching, developing, and implementing a 

22 school district strategy to create smaller learning 

23 communities for secondary school students, both by 

24 creating smaller learning communities within exist25 ing secondary schools, and by developing new, small26 er, and more personalized secondary schools; 
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1 (4) providing professional development for 

2 school staff in research-based practices, such as 

3 interactive instructional strategies and opportunities 

4 to connect learning with experience; and 

5 (5) providing professional development and 

6 leadership training for principals and other school 

7 leaders in the best practices of instructional leader8 ship and implementing school reforms to raise stu9 dent achievement. 

10 SEC. 307. APPLICATIONS. 

11 (a) STATES.—Each State educational agency desiring 

12 a grant under this title shall submit to the Secretary an 

13 application at such time, in such manner, and containing 

14 such information as the Secretary may require to ensure 

15 compliance with the requirements of this title. 

16 (b) ELIGIBLE LOCAL EDUCATIONAL AGENCIES.— 

17 Each eligible local educational agency desiring a subgrant 

18 under this title shall submit to the State educational agen19 cy an application at such time, in such manner, and con20 taining such information as the State educational agency 

21 may require to ensure compliance with the requirements 

22 of this title. Each such application shall describe how the 

23 eligible local educational agency will form an eligible part24 nership to carry out the activities assisted under this title. 
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1 SEC. 308. EVALUATIONS. 

2 In cooperation with the State educational agencies re3 ceiving funds under this title, the Secretary shall under4 take or contract for a rigorous evaluation of the effective5 ness and success of activities conducted under this title. 

6 TITLE IV—DATA CAPACITY 

7 SEC. 401. GRANTS FOR INCREASING DATA CAPACITY FOR 

8 PURPOSES OF ASSESSMENT AND ACCOUNT9 ABILITY. 

10 (a) PROGRAM AUTHORIZED.—From funds appro11 priated under subsection (e) for a fiscal year, the Sec12 retary may award grants, on a competitive basis, to State 

13 educational agencies to enable the State educational agen14 cies to develop or increase the capacity of data systems 

15 for assessment and accountability purposes, including the 

16 collection of graduation rates. 

17 (b) APPLICATION.—Each State educational agency 

18 desiring a grant under this section shall submit an appli19 cation to the Secretary at such time, in such manner, and 

20 containing such information as the Secretary may require. 

21 (c) USE OF FUNDS.—Each State educational agency 

22 that receives a grant under this section shall use the grant 

23 funds for the purpose of— 

24 (1) increasing the capacity of, or creating, State 

25 databases to collect, disaggregate, and report infor26 mation related to student achievement, enrollment, 
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1 and graduation rates for assessment and account2 ability purposes; and 

3 (2) reporting, on an annual basis, for the ele4 mentary schools and secondary schools within the 

5 State, on— 

6 (A) the enrollment data from the begin7 ning of the academic year; 

8 (B) the enrollment data from the end of 

9 the academic year; and 

10 (C) the twelfth grade graduation rates. 

11 (d) DEFINITIONS.—In this section: 

12 (1) GRADUATION RATE.—The term ‘‘graduation 

13 rate’’ means the percentage that— 

14 (A) the total number of students who— 

15 (i) graduate from a secondary school 

16 with a regular diploma (which shall not in17 clude the recognized equivalent of a sec18 ondary school diploma or an alternative de19 gree) in an academic year; and 

20 (ii) graduated on time by progressing 

21 1 grade per academic year; represents of 

22 (B) the total number of students who en23 tered the secondary school in the entry level 

24 academic year applicable to the graduating stu25 dents. 
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1 (2) STATE EDUCATIONAL AGENCY.—The term 

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

3 such term in section 9101 of the Elementary and 

4 Secondary Education Act of 1965 (20 U.S.C. 7801). 

5 (3) SECRETARY.—The term ‘‘Secretary’’ means 

6 the Secretary of Education. 

7 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

8 are authorized to be appropriated to carry out this section 

9 $50,000,000 for fiscal year 2006, and such sums as may 

10 be necessary for each of the 2 succeeding fiscal years. 

Æ