I 

111TH CONGRESS 

1ST SESSION H. R. 3130 

To establish expanded learning time initiatives, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 8, 2009 

Mr. PAYNE (for himself and Mr. GEORGE MILLER of California) introduced 

the following bill; which was referred to the Committee on Education and 

Labor 

A BILL 

To establish expanded learning time initiatives, 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 ‘‘Time for Innovation 

5 Matters in Education Act of 2009’’. 

6 SEC. 2. PURPOSES. 

7 The purposes of this Act are— 

8 (1) to increase opportunities for students in 

9 high-need schools to participate in expanded learning 

10 time initiatives with expanded school days, expanded 


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1 school weeks, or expanded school years, in order to 

2 increase student academic achievement and student 

3 engagement and success in schools by providing— 

4 (A) students with more in-depth and rig5 orous learning opportunities in reading or lan6 guage arts, mathematics, science, history and 

7 civics, and other core academic subjects; 

8 (B) students with more time for additional 

9 subjects and enrichment activities that con10 tribute to a well-rounded education, which may 

11 include music and the arts, physical education, 

12 service-learning, and experiential and work13 based learning opportunities (such as commu14 nity service, learning apprenticeships, intern15 ships, and job shadowing); and 

16 (C) teachers with increased opportunities 

17 to work collaboratively, and to participate in 

18 professional planning, within and across grades 

19 and subjects to improve instruction; 

20 (2) to improve teaching and learning by using 

21 expanded learning, including school redesign, to— 

22 (A) create a seamless program or cur23 riculum with regular and expanded teaching 

24 and learning opportunities within a school proVerDate Nov 24 2008 04:06 Jul 09, 2009 Jkt 079200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3130.IH H3130

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1 gram that is comprehensively redesigned for 

2 students and teachers; and 

3 (B) improve access to instructional sup4 ports for academically struggling students; 

5 (3) to encourage States, local educational agen6 cies, and schools to develop high-quality, innovative, 

7 replicable, and sustainable initiatives to expand 

8 learning time, including using school redesign; and 

9 (4) to create partnerships between schools and 

10 local educational agencies, and external organiza11 tions such as community-based organizations, insti12 tutions of higher education, community learning cen13 ters, cultural organizations, and health and mental 

14 health agencies to provide expanded learning oppor15 tunities for students. 

16 SEC. 3. DEFINITIONS AND REFERENCES. 

17 (a) DEFINITIONS.—In this Act: 

18 (1) COMMUNITY LEARNING CENTER.—The term 

19 ‘‘community learning center’’ means a community 

20 learning center, as defined in section 4201(b) of the 

21 Elementary and Secondary Education Act of 1965 

22 (20 U.S.C. 7171(b)), that receives assistance under 

23 part B of title IV of that Act. 

24 (2) ELEMENTARY AND SECONDARY EDUCATION

25 TERMS.—The terms ‘‘community-based organizaVerDate Nov 24 2008 04:06 Jul 09, 2009 Jkt 079200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3130.IH H3130

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1 tion’’, ‘‘core academic subjects’’, ‘‘elementary 

2 school’’, ‘‘highly qualified’’, ‘‘institution of higher 

3 education’’, ‘‘local educational agency’’, ‘‘other 

4 staff’’, ‘‘parent’’, ‘‘professional development’’, ‘‘sec5 ondary school’’, ‘‘Secretary’’, ‘‘State’’, and ‘‘State 

6 educational agency’’ have the meanings given the 

7 terms in section 9101 of the Elementary and Sec8 ondary Education Act of 1965 (20 U.S.C. 7801). 

9 (3) ELIGIBLE ENTITY.—The term ‘‘eligible enti10 ty’’ means— 

11 (A) 1 or more local educational agencies; 

12 or 

13 (B) a partnership that includes 1 or more 

14 local educational agencies and 1 or more of the 

15 following: 

16 (i) A nonprofit community-based orga17 nization, such as an organization with 

18 demonstrated experience in expanding 

19 learning opportunities and helping schools 

20 redesign their educational programs to bet21 ter meet student needs, or an organization 

22 focused on alternative learning or dropout 

23 prevention. 

24 (ii) An institution of higher education. 


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1 (iii) A community learning center or 

2 entity carrying out an after-school pro3 gram. 

4 (iv) Any other public or nonprofit en5 tity. 

6 (4) EXPANDED LEARNING TIME INITIATIVE.— 

7 The term ‘‘expanded learning time initiative’’ means 

8 a program that— 

9 (A) uses an expanded school day, expanded 

10 school week, or expanded school year schedule, 

11 that increases the total number of school hours 

12 for the school year at a school by not less than 

13 300 hours— 

14 (i) compared to the school year that is 

15 standard for the local educational agency 

16 serving the school, for schools of the com17 parable level (elementary school, middle 

18 school, or high school, as defined under ap19 plicable State law); or 

20 (ii) in the case of a charter school 

21 that is its own local educational agency, 

22 compared to the school year that is stand23 ard for local educational agencies in the 

24 surrounding area, for schools of the com25 parable level; 


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1 (B) uses the expanded learning time in2 volved to redesign the school’s program in a 

3 manner that includes additional time— 

4 (i) for academic work, and to support 

5 innovation in teaching, to improve the pro6 ficiency of participating students, particu7 larly struggling students, in reading or lan8 guage arts, mathematics, science, history 

9 and civics, and other core academic sub10 jects; 

11 (ii) to advance student learning for all 

12 students, including those who already meet 

13 or exceed student academic achievement 

14 standards, as measured by State academic 

15 assessments required under section 

16 1111(b)(3) of the Elementary and Sec17 ondary Education Act of 1965 (20 U.S.C. 

18 6311(b)(3)); 

19 (iii) for additional subjects and en20 richment activities that contribute to a 

21 well-rounded education, which may include 

22 music and the arts, physical education, 

23 service-learning, and experiential and 

24 work-based learning opportunities (such as 


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1 community service, learning apprentice2 ships, internships, and job shadowing); and 

3 (iv) for teachers for collaboration, and 

4 professional planning, within and across 

5 grades and subjects; and 

6 (C)(i) in the case of a school that is not a 

7 high school, will expand learning time for all 

8 students in all grade levels in the school; or 

9 (ii) in the case of a high school, will ex10 pand learning time for not less than 1 entire 

11 grade level of students in the school, and if the 

12 school expands learning time for additional stu13 dents under this Act, will expand learning time 

14 for additional entire grade levels. 

15 (5) EXPANDED LEARNING TIME SCHOOL.—The 

16 term ‘‘expanded learning time school’’ means a 

17 school that has implemented an expanded learning 

18 time initiative using funds received under this Act. 

19 (6) GRADUATION RATE.—The term ‘‘graduation 

20 rate’’ means a graduation rate as defined in section 

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

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

23 6311(b)(2)(C)(vi)) and clarified by section 200.19(b) 

24 of title 34, Code of Federal Regulations, or any cor25 responding similar regulation or ruling. 


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1 (7) HIGH-NEED SCHOOL.— 

2 (A) IN GENERAL.—The term ‘‘high-need 

3 school’’ means— 

4 (i) a public elementary school or sec5 ondary school at which 50 percent or more 

6 of the students are eligible to be counted 

7 under 1 of the measures of poverty de8 scribed in section 1113(a)(5) of the Ele9 mentary and Secondary Education Act of 

10 1965 (20 U.S.C. 6313(a)(5)); or 

11 (ii) a school for which an eligible enti12 ty has obtained approval under subpara13 graph (B). 

14 (B) SPECIAL RULE FOR SECONDARY

15 SCHOOLS.—An eligible entity seeking a grant 

16 from the Secretary or a subgrant from a State 

17 educational agency under this Act may apply to 

18 the Secretary or State educational agency, re19 spectively, for approval to treat a public sec20 ondary school as a high-need school under this 

21 Act. The application shall include information, 

22 supplied by the secondary school, explaining 

23 why the school should be treated as a high-need 

24 school. Such information shall include informa25 tion on the number and percentage of students 


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1 attending such school who are low-income stu2 dents, the graduation rate for such school, and 

3 information about the student academic 

4 achievement of students at such school. 

5 (8) HIGH SCHOOL.—The term ‘‘high school’’ 

6 means a public high school, as defined under appli7 cable State law. 

8 (9) LOW-INCOME STUDENT.—The term ‘‘low-in9 come student’’ means a student who is eligible to be 

10 counted under 1 of the measures of poverty de11 scribed in section 1113(a)(5) of the Elementary and 

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

13 6313(a)(5)). 

14 (10) SCHOOL REDESIGN.—The term ‘‘rede15 sign’’, used with respect to a school or school pro16 gram, means a process to significantly reconfigure a 

17 school’s or program’s schedule in a manner that 

18 more effectively utilizes students’ and teachers’ time, 

19 including providing additional time— 

20 (A) for academic work and to support in21 novation in the teaching of core academic sub22 jects; 

23 (B) for teachers to collaborate and conduct 

24 professional planning; and 


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1 (C) for innovative approaches to providing 

2 academic, experiential, and work-based learning 

3 opportunities. 

4 (b) REFERENCES.—In this Act— 

5 (1) a reference to a school day, school week, or 

6 school year includes a reference to a combination 

7 thereof; and 

8 (2) a reference to a school day, school week, or 

9 school year program (or schedule) includes a ref10 erence to a combination thereof. 

11 SEC. 4. PROGRAM AUTHORIZED. 

12 (a) GRANTS TO STATE EDUCATIONAL AGENCIES.— 

13 From the amount appropriated under section 11, the Sec14 retary is authorized to award grants on a competitive basis 

15 under section 5 to State educational agencies having appli16 cations approved pursuant to section 5(c) to enable such 

17 agencies to award subgrants on a competitive basis to eli18 gible entities as described in sections 6 and 7. 

19 (b) RESERVATION.—From the amount made avail20 able under this Act for each fiscal year, the Secretary may 

21 reserve— 

22 (1) 3 percent of the amount to carry out the ac23 tivities described in section 9; and 

24 (2) from the remainder— 


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1 (A) not more than 10 percent of the re2 mainder to award grants under section 8; and 

3 (B) not more than $1,000,000 to carry out 

4 the review of applications for, selection of re5 cipients of, and distribution of, grants to State 

6 educational agencies and eligible entities under 

7 sections 5 and 8. 

8 SEC. 5. GRANTS TO STATE EDUCATIONAL AGENCIES. 

9 (a) GRANTS.— 

10 (1) IN GENERAL.—The Secretary is authorized 

11 to award grants to State educational agencies on a 

12 competitive basis to assist the agencies in developing 

13 State expanded learning time grant programs in ac14 cordance with this Act, which shall involve awarding 

15 subgrants on a competitive basis to eligible entities 

16 in accordance with this Act, to plan and implement 

17 expanded learning time initiatives in high-need 

18 schools. 

19 (2) DISTRIBUTION.—The Secretary shall ensure 

20 that grants awarded under this section and section 

21 8 are distributed to State educational agencies and 

22 eligible entities from diverse geographical regions. 

23 (b) DURATION.—The Secretary shall award each 

24 grant described in subsection (a) for a period of 6 years, 


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1 and may renew each grant for additional periods of not 

2 more than 6 years. 

3 (c) APPLICATIONS.—A State educational agency that 

4 desires to receive a grant under this section shall submit 

5 an application to the Secretary at such time and in such 

6 manner as the Secretary may require, containing— 

7 (1) a description of how the State educational 

8 agency will use grant funds under this section; 

9 (2) a description of the peer review process and 

10 selection criteria the State educational agency will 

11 use to evaluate applications from, and select, eligible 

12 entities to receive expanded learning time planning 

13 and implementation subgrants, which shall include a 

14 description of how the State educational agency will 

15 assess the capacity of eligible entities to plan and 

16 implement high-quality expanded learning time ini17 tiatives and a description of how the State edu18 cational agency will prioritize applications from eligi19 ble entities that meet the requirements of section 

20 6(f); 

21 (3) a description of the process the State edu22 cational agency will use to encourage local edu23 cational agencies and schools, especially local edu24 cational agencies and schools with high percentages 


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1 of low-income students, to implement expanded 

2 learning time initiatives; 

3 (4) a description of how the State educational 

4 agency will provide or has provided technical assist5 ance and support to eligible entities, local edu6 cational agencies, and schools receiving funds 

7 through the State educational agency under this Act, 

8 in implementing expanded learning time initiatives, 

9 including— 

10 (A) assisting the local educational agencies 

11 in identifying potential partners that are exter12 nal organizations with demonstrated experience 

13 in expanding learning opportunities and helping 

14 schools redesign their educational programs to 

15 better meet student needs; and 

16 (B) assisting the eligible entities, local edu17 cational agencies, and schools in collecting, re18 viewing, and analyzing data on student aca19 demic achievement; 

20 (5) a description of how the State educational 

21 agency will use the expanded learning time grant 

22 program involved, and lessons learned from such 

23 program, to improve student academic achievement 

24 in schools that have not made adequate yearly 

25 progress under section 1111(b)(2) of the Elementary 


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

2 6311(b)(2)) for 2 or more years, and improve such 

3 schools; 

4 (6) a description of how the State educational 

5 agency will evaluate, on a regular basis, activities 

6 carried out by eligible entities receiving funds 

7 through the State educational agency under this Act; 

8 (7) a description of how the State educational 

9 agency will collect, analyze, and disseminate, to local 

10 educational agencies and other schools within the 

11 State, information on best practices learned from 

12 schools receiving funding under this Act, including 

13 best practices for improving student academic 

14 achievement in schools that have not made adequate 

15 yearly progress under section 1111(b)(2) of the Ele16 mentary and Secondary Education Act of 1965 (20 

17 U.S.C. 6311(b)(2)) for 2 or more years, and improve 

18 such schools; 

19 (8) an assurance that the State educational 

20 agency, and any eligible entity receiving funds 

21 through the State educational agency under this Act 

22 will, if requested, participate in the evaluation under 

23 section 9(b)(3); 

24 (9) information identifying the per-pupil fund25 ing amount range the State shall use in establishing 


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1 the correct amount of subgrants under section 7 to 

2 local educational agencies; and 

3 (10) any other information that the Secretary 

4 may reasonably require. 

5 (d) AUTHORIZED ACTIVITIES.— 

6 (1) DISTRIBUTION.—A State educational agen7 cy that receives a grant under this section— 

8 (A) may reserve not more than 10 percent 

9 of the grant funds to carry out the activities de10 scribed in paragraphs (2) through (4); and 

11 (B) shall use an amount consisting of not 

12 less than 90 percent of the grant funds to 

13 award subgrants, on a competitive basis, to eli14 gible entities under section 6 or 7 to enable the 

15 eligible entities to carry out the authorized ac16 tivities described in section 6(e) or 7(f), except 

17 that not more than 10 percent of that amount 

18 shall be used for subgrants under section 6. 

19 (2) STATE-LEVEL PLANNING AND ADMINISTRA20 TION.—A State educational agency that receives a 

21 grant under this section may use grant funds re22 served under paragraph (1)(A) for planning and ad23 ministration, including— 

24 (A) evaluating applications from eligible 

25 entities; 


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1 (B) administering the distribution of sub2 grants to eligible entities; and 

3 (C) assessing and evaluating, on a regular 

4 basis, activities carried out by eligible entities 

5 receiving funds through the State educational 

6 agency under this Act. 

7 (3) TECHNICAL ASSISTANCE FOR ELIGIBLE EN8 TITIES.—A State educational agency that receives a 

9 grant under this section may use grant funds re10 served under paragraph (1)(A) for technical assist11 ance, including— 

12 (A) assisting eligible entities in planning 

13 and implementing expanded learning time ini14 tiatives, including assisting local educational 

15 agencies in identifying potential partners that 

16 are external organizations with demonstrated 

17 experience in expanding learning opportunities 

18 and helping schools redesign their educational 

19 programs to better meet student needs; 

20 (B) implementing a program of profes21 sional development for teachers and administra22 tors, in schools that receive funding under this 

23 Act, that prepares teachers and administrators 

24 to implement the authorized activities described 

25 in section 7(f); and 


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1 (C) identifying best practices for using ex2 panded learning time to improve student aca3 demic achievement in schools that have not 

4 made adequate yearly progress under section 

5 1111(b)(2) of the Elementary and Secondary 

6 Education Act of 1965 (20 U.S.C. 6311(b)(2)) 

7 for 2 or more years, and providing technical as8 sistance to local educational agencies in using 

9 such best practices to implement expanded 

10 learning time in such schools. 

11 (4) EVALUATION AND REPORTING.—A State 

12 educational agency that receives a grant under this 

13 section shall annually prepare and submit to the 

14 Secretary a report that contains all reports sub15 mitted by eligible entities under section 7(g), and an 

16 evaluation of progress made by eligible entities in 

17 improving— 

18 (A) student academic achievement as 

19 measured by State academic assessments re20 quired under section 1111(b)(3) of the Elemen21 tary and Secondary Education Act of 1965 (20 

22 U.S.C. 6311(b)(3)); 

23 (B) for high schools, graduation rates; and 


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1 (C) performance on a set of comprehensive 

2 school performance indicators that may in3 clude— 

4 (i) student attendance; 

5 (ii) as appropriate, rate of earned on6 time promotion from grade to grade; 

7 (iii) percentage of students failing a 

8 credit-bearing mathematics, reading or lan9 guage arts, or science course, or failing 2 

10 or more courses in any subjects; and 

11 (iv) for high schools— 

12 (I) percentage of students taking 

13 a college preparatory curriculum; or 

14 (II) student rates of college en15 rollment, persistence, and attainment 

16 of an associate or baccalaureate de17 gree. 

18 (e) MATCH.— 

19 (1) IN GENERAL.—Each State educational 

20 agency that receives a grant under this section shall 

21 provide matching funds to carry out the activities 

22 supported by the grant in an amount not less 

23 than— 


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1 (A) for the first year of an initial grant 

2 under this section, 10 percent of the cost of the 

3 activities; 

4 (B) for the second year of such a grant, 20 

5 percent of the cost of the activities; 

6 (C) for the third or fourth year of such a 

7 grant, 25 percent of the cost of the activities; 

8 and 

9 (D) for the fifth year of such a grant or 

10 any year of a subsequent grant under this sec11 tion, 30 percent of the cost of the activities. 

12 (2) MATCHING FUNDS.—The State educational 

13 agency may provide the matching funds in cash or 

14 in kind, fairly evaluated, including plant, equipment, 

15 or services, but may not provide more than 50 per16 cent of the matching funds in kind. The State edu17 cational agency may provide the matching funds 

18 from State, local, or private sources. 

19 (f) SUPPLEMENT NOT SUPPLANT.—Funds used to 

20 make grants under this Act shall be used to supplement 

21 and not supplant other Federal, State, and local public 

22 funds expended to plan or implement expanded learning 

23 time initiatives. 


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1 SEC. 6. EXPANDED LEARNING TIME PLANNING SUB2 GRANTS. 

3 (a) SUBGRANTS AUTHORIZED.—A State educational 

4 agency receiving a grant under section 5 is authorized to 

5 award expanded learning time planning subgrants, on a 

6 competitive basis, to eligible entities. 

7 (b) DURATION.—The State educational agency shall 

8 award each subgrant described in subsection (a) for a pe9 riod of not more than 1 year. Such grants shall be non10 renewable. 

11 (c) SUBGRANT AMOUNT.—The State educational 

12 agency shall award each subgrant described in subsection 

13 (a) in an amount that is not less than $15,000 and not 

14 more than $60,000. 

15 (d) APPLICATIONS.—An eligible entity that desires to 

16 receive an expanded learning time planning subgrant pur17 suant to this section shall submit an application to the 

18 State educational agency at such time and in such manner 

19 as the agency may require, containing— 

20 (1) a description of the eligible entity’s proposal 

21 to establish expanded learning time initiatives, in22 cluding school redesign, at high-need schools served 

23 by the eligible entity; 

24 (2) information identifying the number of high25 need schools the eligible entity proposes to serve 

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1 scription of the process, considerations, and criteria 

2 the eligible entity will use to select schools to imple3 ment the expanded learning time initiatives— 

4 (A) which considerations shall include the 

5 percentage of low-income students attending 

6 each school; and 

7 (B) which criteria shall include the local 

8 educational agency’s determination of the ca9 pacity of each school to implement successfully 

10 a proposed expanded learning time initiative; 

11 (3) a description of the process by which the el12 igible entity will ensure the meaningful involvement 

13 of teachers, teacher organizations, parents, and com14 munity-based organizations in the development of 

15 the expanded learning time initiatives; 

16 (4) a description of how the local educational 

17 agency involved and participating high-need schools 

18 will work with external organizations that comprise 

19 the eligible entity involved, and any other external 

20 organizations as applicable, such as a community21 based organization, an institution of higher edu22 cation, a community learning center, an entity car23 rying out an after-school program, or an organiza24 tion that will provide students with internships and 


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1 work-based learning opportunities, to develop and 

2 implement expanded learning time initiatives; 

3 (5) an assurance that the eligible entity has the 

4 infrastructure in place to collect the data necessary 

5 for an evaluation of the impact of the expanded 

6 learning time initiatives on student academic 

7 achievement, graduation rates, and indicators de8 scribed in section 5(d)(4), to be submitted in the re9 port described in section 7(g); and 

10 (6) an assurance that each participating local 

11 educational agency will use the subgrant period to 

12 negotiate and reach an agreement with the recog13 nized representatives of the employees of each par14 ticipating high-need school served by the agency or, 

15 where there is no such representative, with the em16 ployees of each participating high-need school served 

17 by the agency. 

18 (e) AUTHORIZED ACTIVITIES.—An eligible entity re19 ceiving a subgrant under this section shall use the 

20 subgrant funds to develop a detailed plan to implement 

21 expanded learning time initiatives at high-need schools 

22 served by the eligible entities as specified in this section. 

23 (f) PRIORITY.—In awarding subgrants under this 

24 section, a State educational agency shall give priority to 

25 an application from an eligible entity if— 


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1 (1) for each local educational agency in the eli2 gible entity, a high percentage of the students served 

3 by the local educational agency are eligible to be 

4 counted under section 1124(c)(1)(A) of the Elemen5 tary and Secondary Education Act of 1965 (20 

6 U.S.C. 6333(c)(1)(A)); and 

7 (2) the eligible entity includes a nonprofit com8 munity-based organization, such as an organization 

9 with demonstrated experience in expanding learning 

10 opportunities and helping schools redesign their edu11 cational programs to better meet student needs, or 

12 an organization focused on alternative learning or 

13 dropout prevention. 

14 SEC. 7. EXPANDED LEARNING TIME IMPLEMENTATION 

15 SUBGRANTS. 

16 (a) SUBGRANTS AUTHORIZED.—A State educational 

17 agency receiving a grant under section 5 is authorized to 

18 award expanded learning time implementation subgrants, 

19 on a competitive basis, to eligible entities that have re20 ceived subgrants pursuant to section 6. 

21 (b) DURATION.—The State educational agency shall 

22 award each subgrant described in subsection (a) for a pe23 riod of not less than 5 years, and may renew each 

24 subgrant for additional periods of not more than 5 years. 


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1 (c) SUBGRANT AMOUNT.—In awarding a subgrant 

2 described in subsection (a) to an eligible entity, a State 

3 educational agency shall determine the amount of the 

4 subgrant by taking into account the number of students 

5 expected to participate in the expanded learning time ini6 tiatives involved, as specified in the application submitted 

7 by the eligible entity under subsection (d), and the approx8 imate per student cost of implementing a high-quality ex9 panded learning time initiative. 

10 (d) APPLICATIONS.—An eligible entity that desires to 

11 receive an expanded learning time implementation 

12 subgrant pursuant to this section shall submit an applica13 tion to the State educational agency at such time and in 

14 such manner as the agency may require, containing— 

15 (1) an identification and description of each 

16 high-need school (selected in accordance with the 

17 process, considerations, and criteria described in sec18 tion 6(d)(2)) that will receive funding from the eligi19 ble entity to participate in an expanded learning 

20 time initiative, including information identifying the 

21 grade levels at the school for which the expanded 

22 learning time initiative will be implemented (which 

23 shall be the grade levels described in paragraph (1) 

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1 tiative at the school, and student academic achieve2 ment, demographic, and socioeconomic data for stu3 dents at the school; 

4 (2) a description of how the eligible entity will 

5 implement at each such school an expanded learning 

6 time initiative that involves an expanded school day, 

7 expanded school week, or expanded school year 

8 schedule, and school redesign at each such school 

9 consistent with section 3(a)(4), which description 

10 shall include— 

11 (A) a description of how the expanded 

12 learning time schedule will expand learning 

13 time by not less than 300 hours, consistent with 

14 section 3(a)(4); and 

15 (B) a description of how the eligible entity 

16 will meet each of the other requirements of the 

17 definition in section 3(a)(4); 

18 (3) a description of the plan the eligible entity 

19 will use to evaluate, on an annual basis, the impact 

20 of each expanded learning time initiative on meas21 ures of student academic achievement and student 

22 engagement and success, and other appropriate 

23 measures; 

24 (4) a description of the additional subjects and 

25 enrichment activities that will be offered at each 


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1 such school that contribute to a well-rounded edu2 cation; 

3 (5) a comprehensive plan, developed in collabo4 ration with teachers and, as appropriate, other staff, 

5 for professional development at each such school 

6 that includes a description of intended changes in 

7 teaching practices and curriculum delivery that will 

8 result in improved student academic achievement 

9 and student engagement and success; 

10 (6) a description of how the eligible entity will 

11 use the expanded learning time initiatives, and les12 sons learned from such initiatives, to improve stu13 dent academic achievement in schools that have not 

14 made adequate yearly progress under section 

15 1111(b)(2) of the Elementary and Secondary Edu16 cation Act of 1965 (20 U.S.C. 6311(b)(2)) for 2 or 

17 more consecutive years; 

18 (7) evidence of an agreement reached between 

19 each participating local educational agency and the 

20 exclusive recognized representative of the employees 

21 of each participating high-need school served by the 

22 agency, for employees to work the expanded learning 

23 time schedules involved or, where there is no such 

24 representative, evidence of an agreement supported 

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1 ticipating high-need school served by the agency, to 

2 work the expanded learning time schedules involved; 

3 (8) a description of how the local educational 

4 agency involved and participating high-need schools 

5 will work with external organizations that comprise 

6 the eligible entity involved, and any other external 

7 organizations as applicable, such as a community8 based organization, an institution of higher edu9 cation, a community learning center, an entity car10 rying out an after-school program, or an organiza11 tion that will provide students with internships and 

12 work-based learning opportunities, to implement ex13 panded learning time initiatives, including a descrip14 tion of the specific roles and responsibilities of such 

15 external organizations; 

16 (9) a description of the process by which the el17 igible entity ensured the meaningful involvement of 

18 teachers, teacher organizations where applicable, ad19 ministrators, parents, and community-based organi20 zations in the development (including the design) of 

21 the expanded learning time initiatives; 

22 (10) an assurance that the eligible entity will 

23 work with a community learning center, or an entity 

24 carrying out an after-school program, where appro25 priate, to provide after-school programs for students 


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1 participating in the expanded learning time initia2 tives after the conclusion of the school day; and 

3 (11) an assurance that the eligible entity will 

4 report to the State educational agency all data nec5 essary for the State educational agency’s report, 

6 under section 5(d)(4). 

7 (e) PRIORITY.—In awarding subgrants under this 

8 section, a State educational agency shall give priority to 

9 an application from an eligible entity that meets the cri10 teria described in section 6(f). 

11 (f) AUTHORIZED ACTIVITIES.—An eligible entity re12 ceiving a subgrant under this section shall use the 

13 subgrant funds to implement high-quality expanded learn14 ing time initiatives, at high-need schools served by such 

15 eligible entity, that are consistent with section 3(a)(4). 

16 (g) REPORTS BY ELIGIBLE ENTITIES.—Each eligible 

17 entity receiving a subgrant under this section for expanded 

18 learning time initiatives shall, not later than 1 year after 

19 the first day of the first school year in which the expanded 

20 learning time initiatives were implemented, prepare and 

21 submit to the State educational agency a report— 

22 (1) containing a detailed description of the ex23 panded learning time initiatives carried out; 


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1 (2) regarding the technical assistance the eligi2 ble entity provided to expanded learning time 

3 schools; 

4 (3) for each expanded learning time school— 

5 (A) regarding the budget for, and actual 

6 expenses associated with carrying out, the ex7 panded learning time initiatives in the first 

8 school year; and 

9 (B) regarding the amount of time by which 

10 the school day, school week, or school year, was 

11 expanded in the school; and 

12 (4) containing information on the impact of the 

13 expanded learning time initiatives, including data on 

14 student academic achievement as measured by State 

15 academic assessments required under section 

16 1111(b)(3) of the Elementary and Secondary Edu17 cation Act of 1965 (20 U.S.C. 6311(b)(3)), gradua18 tion rates, and indicators described in section 

19 5(d)(4). 

20 (h) PUBLICATION AND AVAILABILITY OF REPORT

21 SUMMARIES.—The Secretary shall publish and make wide22 ly available to the public, including through a website or 

23 other means, a summary of the eligible entity reports re24 ceived under section 5(d)(4) and subsection (g). 


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1 SEC. 8. GRANTS TO ELIGIBLE ENTITIES. 

2 (a) IN GENERAL.—The Secretary may award a grant 

3 under this section to an eligible entity that serves 1 or 

4 more areas within 1 or more States. 

5 (b) PLANNING AND IMPLEMENTATION GRANTS.— 

6 The Secretary may award a planning grant under sub7 section (a), to the eligible entity, to carry out the activities 

8 described in section 6(e). In the case of an eligible entity 

9 that has received a planning grant under subsection (a), 

10 the Secretary may award an implementation grant under 

11 subsection (a) to the eligible entity, to carry out the activi12 ties described in section 7(f). 

13 (c) APPLICATIONS.—To be qualified to receive a 

14 grant under subsection (a), an eligible entity shall submit 

15 to the Secretary an application that contains (for a plan16 ning grant) information describing how the entity will un17 dertake the activities described in section 5(c)(7) and the 

18 information described in section 6(d) and (for an imple19 mentation grant) the information described in section 

20 7(d), other than paragraph (11) of that section. In deter21 mining whether to award a grant under subsection (a) to 

22 an eligible entity, the Secretary shall give priority to an 

23 eligible entity that meets the criteria described in section 

24 6(f). 


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1 (d) PERIOD; AMOUNT.—The subgrant period and 

2 amount described in subsections (b) and (c) of section 6 

3 or 7, as appropriate, shall apply to the grant. 

4 (e) AUTHORITIES; RESPONSIBILITIES.—The eligible 

5 entity shall have the same authorities and responsibilities 

6 under this Act as an eligible entity that receives a 

7 subgrant under section 6 or 7, as appropriate. In carrying 

8 out the report responsibilities described in section 7(g), 

9 the eligible entity shall submit the reports to the Sec10 retary. 

11 (f) MATCH.— 

12 (1) IN GENERAL.—Each eligible entity that re13 ceives an implementation grant under this section 

14 shall comply with the matching requirements de15 scribed in section 5(e)(1), except that references in 

16 that section to a grant under section 5 shall be con17 sidered to be references to an implementation grant 

18 under this section. 

19 (2) MATCHING FUNDS.—The eligible entity may 

20 provide the matching funds in cash or in kind, fairly 

21 evaluated, including plant, equipment, or services, 

22 but may not provide more than 50 percent of the 

23 matching funds in kind. The eligible entity may pro24 vide the matching funds from State, local, or private 

25 sources, or Federal sources under the Elementary 


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

2 6301 et seq.). 

3 SEC. 9. NATIONAL ACTIVITIES. 

4 (a) TECHNICAL ASSISTANCE AND SUPPORT.— 

5 (1) IN GENERAL.—The Secretary is authorized 

6 to provide, directly or by entering into a contract 

7 with an independent organization, technical assist8 ance to State educational agencies, eligible entities, 

9 including eligible entities receiving grants under sec10 tion 8, local educational agencies, and schools in de11 veloping and implementing expanded learning time 

12 initiatives under this Act. 

13 (2) PROVISION OF ASSISTANCE.—The Secretary 

14 or such organization shall provide technical assist15 ance that shall include— 

16 (A) assisting State educational agencies 

17 (and eligible entities receiving grants under sec18 tion 8, at the election of the Secretary) with de19 veloping expanded learning time initiatives; and 

20 (B) identifying and disseminating informa21 tion about eligible entities, local educational 

22 agencies, and schools that have effectively 

23 planned and implemented expanded learning 

24 time initiatives, including schools that have im25 plemented such initiatives to improve student 


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1 academic achievement in schools that previously 

2 had not made adequate yearly progress under 

3 section 1111(b)(2) of the Elementary and Sec4 ondary Education Act of 1965 (20 U.S.C. 

5 6311(b)(2)) for 2 or more years. 

6 (b) EVALUATION AND DISSEMINATION.— 

7 (1) IN GENERAL.—The Secretary shall enter 

8 into a contract with an independent organization 

9 with expertise in school improvement, program eval10 uation, and measurement (such as an institution of 

11 higher education or other research organization) to 

12 assist with the provision of the technical assistance, 

13 and conduct the evaluation and analyses, described 

14 in this subsection. 

15 (2) TECHNICAL ASSISTANCE ON DATA COLLEC16 TION AND MEASURES.— 

17 (A) IN GENERAL.—The independent orga18 nization shall provide technical assistance to 

19 State educational agencies and eligible entities 

20 receiving funds under this Act with data collec21 tion and analysis of the measures consisting 

22 of— 

23 (i) measures of student academic 

24 achievement and student engagement and 


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1 success, including the indicators and other 

2 measures described in section 5(d)(4); 

3 (ii) measures of teacher collaboration 

4 and professional planning; and 

5 (iii) detailed measures of the amount 

6 of time devoted to core academic subjects 

7 and additional subjects and enrichment ac8 tivities. 

9 (B) SPECIAL RULE FOR ELIGIBLE ENTI10 TIES RECEIVING GRANTS UNDER SECTION 8.— 

11 If an eligible entity receives a grant under sec12 tion 8, the eligible entity shall establish meas13 ures in lieu of the measures described in sub14 paragraph (A) to assess the success of the eligi15 ble entity and schools receiving funds through 

16 the eligible entity under this Act. 

17 (3) REPORT.— 

18 (A) IN GENERAL.—The independent orga19 nization shall prepare a report that shall in20 clude the evaluation described in subparagraph 

21 (B), including the analyses described in sub22 paragraph (C), and the analyses described in 

23 subparagraph (D). 

24 (B) EVALUATION.—The independent orga25 nization shall conduct an evaluation of the imVerDate Nov 24 2008 04:06 Jul 09, 2009 Jkt 079200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\H3130.IH H3130

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1 pact and implementation of the program funded 

2 under this Act, which evaluation shall rely in 

3 part on the reports prepared by States under 

4 section 5(d)(4) and eligible entities pursuant to 

5 sections 7(g) (including reports described in 

6 section 8(e)). 

7 (C) CONTENTS.—In conducting the evalua8 tion, the independent organization shall conduct 

9 an analysis of the impact of the expanded learn10 ing time initiatives funded under this Act, by 

11 analyzing data on the measures described in 

12 paragraph (2) and other appropriate measures 

13 for students participating in expanded learning 

14 time initiatives in all expanded learning time 

15 schools, with results from that analysis 

16 disaggregated by expanded school day, ex17 panded school week, or expanded school year 

18 program, as appropriate. 

19 (D) ANALYSES.—The independent organi20 zation shall conduct— 

21 (i) a comparative analysis of how vari22 ation in school design, instructional prac23 tices, and other conditions influence the 

24 success of the implementation of the ex25 panded learning time initiatives; 


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1 (ii) a comparative analysis of the con2 ditions and activities that impact the plan3 ning and implementation of the expanded 

4 learning time initiatives, including teaching 

5 and leadership practices at a school, stu6 dent and teacher schedules, the additional 

7 costs of operating an expanded learning 

8 time school, how the additional school 

9 hours required for the initiative involved 

10 are used to enhance teaching and learning, 

11 and how external organizations are utilized 

12 for the initiative; 

13 (iii) an analysis of the similarities and 

14 differences in the ways in which schools 

15 implemented an expanded school day, ex16 panded school week, or expanded school 

17 year schedule; and 

18 (iv) any other analysis requested by 

19 the Secretary. 

20 (4) DISSEMINATION.—The independent organi21 zation shall submit the report described in para22 graph (3) to Congress and the Secretary, and dis23 seminate the report to the general public. The Sec24 retary shall ensure that the report described in para25 graph (3) is provided to eligible entities and local 


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1 educational agencies on a periodic basis for use in 

2 improving initiatives. 

3 SEC. 10. CONSTRUCTION. 

4 Nothing in this Act shall be construed to alter or oth5 erwise affect the rights, remedies, and procedures afforded 

6 to the employees of local educational agencies under Fed7 eral, State, or local law (including applicable regulations 

8 or court orders) or under the terms of collective bar9 gaining agreements, memoranda of understanding, or 

10 other agreements between such employees and their em11 ployers. 

12 SEC. 11. AUTHORIZATION OF APPROPRIATIONS. 

13 There are authorized to be appropriated to carry out 

14 this Act $350,000,000 for fiscal year 2010, $380,000,000 

15 for fiscal year 2011, $420,000,000 for fiscal year 2012, 

16 $460,000,000 for fiscal year 2013, and $500,000,000 for 

17 fiscal year 2014. 

Æ 


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