I 
117TH CONGRESS 
1ST SESSION H. R. 1828 
To provide grants to States to ensure that all students in the middle grades 
are taught an academically rigorous curriculum with effective supports 
so that students complete the middle grades prepared for success in 
secondary school and postsecondary endeavors, to improve State and 
local educational agency policies and programs relating to the academic 
achievement of students in the middle grades, to develop and implement 
effective middle grades models for struggling students, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 11, 2021 
Mr. GRIJALVA (for himself and Mr. SAN NICOLAS) introduced the following 
bill; which was referred to the Committee on Education and Labor 
A BILL 
To provide grants to States to ensure that all students in 
the middle grades are taught an academically rigorous 
curriculum with effective supports so that students com-
plete the middle grades prepared for success in secondary 
school and postsecondary endeavors, to improve State 
and local educational agency policies and programs relat-
ing to the academic achievement of students in the mid-
dle grades, to develop and implement effective middle 
grades models for struggling students, and for other 
purposes. 
VerDate Sep 11 2014 
18:49 May 12, 2021
Jkt 019200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6652
E:\BILLS\H1828.IH
H1828
pamtmann on DSKBC07HB2PROD with BILLS
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Success in the Middle 
Act of 2021’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) Research shows that Federal funding for 
students in middle school and high school, particu-
larly grades 6 through 12, is significantly lower than 
funding for elementary and postsecondary students. 
(2) International comparisons indicate that stu-
dents in the United States do not start out behind 
students of other nations in mathematics and 
science, but that they fall behind by the end of the 
middle grades. 
(3) Approximately 66 percent of students in 
grade 8 read below the proficient level on the 2019 
National Assessment of Educational Progress. Aver-
age reading scores were lower at grade 8 for all ra-
cial/ethnic groups compared to 2017 except for 
Asian/Pacific Islander students. 
(4) In mathematics, 37 percent of students in 
grade 8 show skills at or above the proficient level 
on the 2019 National Assessment of Educational 
VerDate Sep 11 2014 
18:49 May 12, 2021
Jkt 019200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H1828.IH
H1828
pamtmann on DSKBC07HB2PROD with BILLS
Progress, which is not a significant change since 
2017. Nationwide, 19 percent of 8th grade public 
school students in the Nation who took the mathe-
matics assessment had teachers who reported that a 
lack of adequate instructional materials and supplies 
was a moderate or serious problem. 
(5) Evidence demonstrates substantial learning 
loss for the Nation’s students, including students 
from the middle grades, resulting from the COVID- 
19 pandemic. Black and Hispanic students, in par-
ticular, were less likely to have access to the pre-
requisites of learning—devices, internet access, and 
live contact with teachers. Left unaddressed, these 
opportunity gaps could translate into wider achieve-
ment gaps. 
(6) By grade 6, a student who attends school 
less than 80 percent of the time, receives unsatisfac-
tory marks for mild but sustained misbehavior, or 
who fails English or mathematics, has only a 10 to 
20 percent chance of graduating on time. Without 
effective interventions and proper supports, these 
students are at risk of subsequent failure in sec-
ondary school, or of dropping out. 
(7) According to Gallup, student engagement is 
strong at the end of elementary school, with nearly 
VerDate Sep 11 2014 
18:49 May 12, 2021
Jkt 019200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H1828.IH
H1828
pamtmann on DSKBC07HB2PROD with BILLS
3⁄4 of 5th graders (74%) reporting high levels of en-
gagement. But similar surveys have shown a gradual 
and steady decline in engagement for older students, 
with approximately 1⁄2 of students in middle school 
reporting high levels of engagement. 
(8) Student transitions from elementary school 
to the middle grades and to secondary school are 
often complicated by poor curriculum alignment, in-
adequate counseling services, and unsatisfactory 
sharing of student performance and academic 
achievement data between grades. 
(9) Middle grades improvement strategies 
should be tailored based on a variety of performance 
indicators and data, so that— 
(A) educators can create and implement 
successful school improvement strategies to ad-
dress the needs of the middle grades; and 
(B) teachers can provide effective instruc-
tion and adequate assistance to meet the needs 
of at-risk students. 
(10) Middle grade teachers face unique chal-
lenges due to the increased individual subject matter 
focus of the curriculum combined with the physical, 
intellectual, and emotional changes faced by early 
VerDate Sep 11 2014 
18:49 May 12, 2021
Jkt 019200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H1828.IH
H1828
pamtmann on DSKBC07HB2PROD with BILLS
adolescents transitioning from elementary school to 
high school. 
(11) Combining measures of academic achieve-
ment and motivation, social engagement, and self- 
regulation—the behavioral domains essential for suc-
cess across the school and work continuum—pro-
vides a more holistic picture of students, including 
their likelihood of enrolling in an institution of high-
er education following high school graduation. This 
information, available in middle school, allows for 
early identification of and intervention with students 
who may be less likely to complete secondary school 
and attend an institution of higher education. 
(12) Appropriate academic accommodations, 
age-appropriate discipline, access to assistive tech-
nology, and evidence-based interventions must be 
used with students with disabilities, particularly in 
the middle grades, as— 
(A) the dropout rate for learning disabled 
students is nearly 3 times the dropout rate of 
all students; 
(B) more than half of young adults with 
learning disabilities have been involved in the 
justice system; and 
VerDate Sep 11 2014 
18:49 May 12, 2021
Jkt 019200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H1828.IH
H1828
pamtmann on DSKBC07HB2PROD with BILLS
(C) students with disabilities have a grad-
uation rate nearly 20 percentage points lower 
than the graduation rate for general education 
students. 
(13) Local educational agencies and State edu-
cational agencies often do not have the capacity to 
provide support for school improvement strategies. 
Successful models do exist for turning around low- 
performing middle grades, and Federal support 
should be provided to increase the capacity to apply 
promising practices based on evidence from success-
ful schools. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) ESEA DEFINITIONS.—The terms ‘‘edu-
cational service agency’’, ‘‘elementary school’’, 
‘‘English learner’’, ‘‘evidence-based’’, ‘‘local edu-
cational agency’’, ‘‘outlying area’’, ‘‘high school’’, 
‘‘secondary school’’, and ‘‘State educational agency’’ 
have the meanings given the terms in section 8101 
of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 7801). 
(2) 
CHRONIC
ABSENTEEISM.—The 
term 
‘‘chronic absenteeism’’ means the percentage of indi-
VerDate Sep 11 2014 
18:49 May 12, 2021
Jkt 019200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H1828.IH
H1828
pamtmann on DSKBC07HB2PROD with BILLS
vidual students missing 10 percent, or more, of the 
days of school in a school year. 
(3) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ means a partnership that includes— 
(A) not less than 1 eligible local edu-
cational agency; and 
(B) One of the following: 
(i) An institution of higher education. 
(ii) An educational service agency. 
(iii) A nonprofit organization with 
demonstrated expertise in high-quality 
middle grades intervention. 
(4) ELIGIBLE LOCAL EDUCATIONAL AGENCY.— 
The term ‘‘eligible local educational agency’’ means 
a local educational agency that serves not less than 
1 eligible school. 
(5) ELIGIBLE
SCHOOL.—The term ‘‘eligible 
school’’ means an elementary school or secondary 
school that contains not less than 2 successive 
grades of grades 5 through 8 and for which— 
(A) a high proportion of the middle grades 
students attending such school will attend a 
secondary school with a graduation rate of 67 
percent or less; 
VerDate Sep 11 2014 
18:49 May 12, 2021
Jkt 019200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H1828.IH
H1828
pamtmann on DSKBC07HB2PROD with BILLS
(B) more than 25 percent of the students 
who finish grade 6 at such school, or the ear-
liest middle grade level at the school, exhibit 1 
or more of the key risk factors and early risk 
identification signs, including— 
(i) student attendance below 90 per-
cent; 
(ii) a failing grade in a mathematics 
or reading or language arts course; 
(iii) 2 failing grades in any courses; 
and 
(iv) out-of-school suspension or other 
evidence of at-risk behavior; or 
(C) more than 50 percent of the middle 
grades students attending such school do not 
perform at a proficient level on State student 
academic assessments required under section 
1111(b)(2) of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6311(b)(2)) 
in mathematics or reading or language arts. 
(6) INSTITUTION OF HIGHER EDUCATION.—The 
term ‘‘institution of higher education’’ has the 
meaning given the term in section 101 of the Higher 
Education Act of 1965 (20 U.S.C. 1001). 
VerDate Sep 11 2014 
18:49 May 12, 2021
Jkt 019200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H1828.IH
H1828
pamtmann on DSKBC07HB2PROD with BILLS
(7) MIDDLE
GRADES.—The term ‘‘middle 
grades’’ means any of grades 5 through 8. 
(8) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Education. 
(9) STATE.—The term ‘‘State’’ means each of 
the 50 States, the District of Columbia, and the 
Commonwealth of Puerto Rico. 
(10) STUDENT WITH A DISABILITY.—The term 
‘‘student with a disability’’ means a student who is 
a child with a disability, as defined in section 602 
of the Individuals with Disabilities Education Act 
(20 U.S.C. 1401). 
TITLE I—MIDDLE GRADES 
IMPROVEMENT 
SEC. 101. PURPOSES. 
The purposes of this title are to— 
(1) develop middle grade students’ social, emo-
tional, and academic competencies and deep content 
knowledge to ensure they are equipped to think criti-
cally, solve problems, communicate effectively, col-
laborate with others, and be self-directed so that 
they can enter high school on-track and graduate 
from high school on time and ready for postsec-
ondary and career pathways; 
VerDate Sep 11 2014 
18:49 May 12, 2021
Jkt 019200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H1828.IH
H1828
pamtmann on DSKBC07HB2PROD with BILLS
(2) provide student and teacher supports for 
middle grades education, including funding and cur-
ricula, that align with the student and teacher sup-
ports provided for elementary school and secondary 
school grades within and across local educational 
agencies; 
(3) provide resources to State educational agen-
cies and local educational agencies to collaboratively 
develop and implement middle grade improvement 
plans in order to deliver evidence-based support and 
technical assistance to schools serving middle grade 
students; 
(4) provide resources for schools serving middle 
grade students to develop positive learning commu-
nities where educators and students feel engaged, 
and share high expectations of student success, as 
exhibited by mutual respect, fair discipline ap-
proaches, and rigorous academic curriculum; and 
(5) increase the capacity of States and local 
educational agencies to develop effective, sustainable, 
and replicable school improvement programs and 
models and evidence-based or, when available, sci-
entifically valid student interventions for implemen-
tation by schools serving students in the middle 
grades. 
VerDate Sep 11 2014 
18:49 May 12, 2021
Jkt 019200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H1828.IH
H1828
pamtmann on DSKBC07HB2PROD with BILLS
SEC. 102. FORMULA GRANTS TO STATE EDUCATIONAL 
AGENCIES FOR MIDDLE GRADES IMPROVE-
MENT. 
(a) IN
GENERAL.—From amounts appropriated 
under section 107, the Secretary shall make grants under 
this title for a fiscal year to each State educational agency 
for which the Secretary has approved an application in 
an amount equal to the allotment determined for such 
agency under subsection (c) for such fiscal year. 
(b) RESERVATIONS.—From the total amount made 
available to carry out this title for a fiscal year, the Sec-
retary— 
(1) shall reserve not more than 1 percent for 
the Secretary of the Interior (on behalf of the Bu-
reau of Indian Education) and the outlying areas for 
activities carried out in accordance with this section; 
(2) shall reserve 1 percent to evaluate the effec-
tiveness of this title in achieving the purposes of this 
title and ensuring that results are peer-reviewed and 
widely disseminated, which may include hiring an 
outside evaluator; and 
(3) shall reserve 2 percent for technical assist-
ance and dissemination of best practices in middle 
grades education to States and local educational 
agencies. 
(c) AMOUNT OF STATE ALLOTMENTS.— 
VerDate Sep 11 2014 
18:49 May 12, 2021
Jkt 019200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H1828.IH
H1828
pamtmann on DSKBC07HB2PROD with BILLS
(1) IN GENERAL.—Except as provided in para-
graph (2), of the total amount made available to 
carry out this title for a fiscal year and not reserved 
under subsection (b), the Secretary shall allot such 
amount among the States in proportion to the num-
ber of children, aged 5 to 17, who reside within the 
State and are from families with incomes below the 
poverty level for the most recent fiscal year for 
which satisfactory data are available, compared to 
the number of such individuals who reside in all 
such States for that fiscal year, determined in ac-
cordance with section 1124(c)(1)(A) of the Elemen-
tary and Secondary Education Act of 1965 (20 
U.S.C. 6333(c)(1)(A)). 
(2) MINIMUM
ALLOTMENTS.—No State edu-
cational agency shall receive an allotment under this 
subsection for a fiscal year that is less than 1⁄2 of 
1 percent of the amount made available to carry out 
this title for such fiscal year. 
(d) SPECIAL RULE.—For any fiscal year for which 
the funds appropriated to carry out this title are less than 
$500,000,000, the Secretary is authorized to award grants 
to State educational agencies, on a competitive basis, rath-
er than as allotments described in this section, to enable 
VerDate Sep 11 2014 
18:49 May 12, 2021
Jkt 019200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H1828.IH
H1828
pamtmann on DSKBC07HB2PROD with BILLS
such agencies to award subgrants under section 104 on 
a competitive basis. 
(e) REALLOTMENT.— 
(1) FAILURE TO APPLY; APPLICATION NOT AP-
PROVED.—If any State educational agency does not 
apply for an allotment under this title for a fiscal 
year, or if the application from the State educational 
agency is not approved, the Secretary shall reallot 
the amount of the State’s allotment to the remaining 
States in accordance with this section. 
(2) UNUSED
FUNDS.—The Secretary may 
reallot any amount of an allotment to a State if the 
Secretary determines that the State will be unable to 
use such amount within 2 years of such allotment. 
Such reallotments shall be made on the same basis 
as allotments are made under subsection (c). 
(f) APPLICATION.—In order to receive an allotment 
under this title, a State educational agency shall submit 
an application to the Secretary at such time, in such man-
ner, and accompanied by such information as the Sec-
retary may reasonably require, including a State middle 
grades improvement plan described in section 103(a)(4). 
(g) PEER
REVIEW
AND
SELECTION.—The Sec-
retary— 
VerDate Sep 11 2014 
18:49 May 12, 2021
Jkt 019200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H1828.IH
H1828
pamtmann on DSKBC07HB2PROD with BILLS
(1) shall establish a peer-review process to as-
sist in the review and approval of proposed State ap-
plications; 
(2) shall appoint individuals to participate in 
the peer-review process who are educators and ex-
perts in identifying, evaluating, and implementing 
effective education programs and practices (includ-
ing in the areas of teaching and learning, edu-
cational standards and assessments, school improve-
ment, school climate, rates of suspension and expul-
sion, and academic and behavioral supports for mid-
dle grades students, and in addressing the needs of 
students with disabilities and English learners in the 
middle grades), which individuals may include recog-
nized exemplary middle grades teachers and middle 
grades principals who have been recognized at the 
State or national level for exemplary work or con-
tributions to the field; 
(3) shall ensure that State educational agencies 
are given the opportunity to receive timely feedback, 
and to interact with peer-review panels, in person or 
via electronic communication, on issues that need 
clarification during the peer-review process; 
(4) shall approve an application submitted 
under this title not later than 120 days after the 
VerDate Sep 11 2014 
18:49 May 12, 2021
Jkt 019200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H1828.IH
H1828
pamtmann on DSKBC07HB2PROD with BILLS
date of submission of the application unless the Sec-
retary determines that the application does not meet 
the requirements of this title; 
(5) may not decline to approve an application 
from a State educational agency before— 
(A) offering the State educational agency 
an opportunity to revise the application; 
(B) providing the State educational agency 
with technical assistance in order to submit a 
successful application; and 
(C) providing an opportunity for a hearing 
to the State educational agency; and 
(6) shall direct the Inspector General of the De-
partment of Education to— 
(A) review final determinations reached by 
the Secretary to approve or deny State applica-
tions; 
(B) analyze the consistency of the process 
used by peer-review panels in reviewing and rec-
ommending to the Secretary approval or denial 
of such State applications; and 
(C) report the findings of this review and 
analysis to Congress. 
SEC. 103. STATE PLAN; AUTHORIZED ACTIVITIES. 
(a) MANDATORY ACTIVITIES.— 
VerDate Sep 11 2014 
18:49 May 12, 2021
Jkt 019200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H1828.IH
H1828
pamtmann on DSKBC07HB2PROD with BILLS
(i) IN GENERAL.—A State educational 
agency that receives a grant under this 
title shall conduct a comprehensive needs 
assessment that analyzes how to strength-
en the programs, practices, and policies of 
the State to target support for students in 
the middle grades to improve positive stu-
dent outcomes that prepare students for 
high school, postsecondary, and career suc-
cess. 
(ii) CONTRACTING ABILITY.—A State 
educational agency receiving a grant under 
this title may enter into a contract, or 
similar formal agreement, to work with en-
tities such as national and regional com-
prehensive centers (as described in section 
203 of the Educational Technical Assist-
ance Act of 2002 (20 U.S.C. 9602)), insti-
tutions of higher education, or nonprofit 
organizations with demonstrated expertise 
in high-quality middle grades reform to 
conduct a comprehensive needs assessment. 
(B) PREPARATION
OF
ASSESSMENT.—In 
preparing the assessment under subparagraph 
(A), the State educational agency shall examine 
VerDate Sep 11 2014 
18:49 May 12, 2021
Jkt 019200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H1828.IH
H1828
pamtmann on DSKBC07HB2PROD with BILLS
policies and practices of the State, and of local 
educational agencies within the State, affecting, 
with respect to middle grades— 
(i) curriculum alignment, assessment, 
and instruction; 
(ii) the State system of annual mean-
ingful differentiation, as described under 
section 1111(c)(4)(C) of the Elementary 
and Secondary Education Act of 1965 (20 
U.S.C. 6311(c)(4)(C)); 
(iii) teacher and school leader prepa-
ration, quality, experience, and equitable 
distribution; 
(iv) interventions both in-school and 
out-of-school that support student learn-
ing; 
(v) student engagement activities; 
(vi) disproportionate use of exclu-
sionary disciplinary practices, including in- 
school and out-of-school suspensions; 
(vii) family and community engage-
ment in education; 
(viii) equitable distribution of re-
sources; and 
VerDate Sep 11 2014 
18:49 May 12, 2021
Jkt 019200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H1828.IH
H1828
pamtmann on DSKBC07HB2PROD with BILLS
(ix) student and academic support 
services, such as effective school library 
programs and school counseling on the 
transition to secondary school and plan-
ning for entry into postsecondary edu-
cation and the workforce. 
(4) MIDDLE GRADES IMPROVEMENT PLAN.— 
(A) IN
GENERAL.—A State educational 
agency that receives a grant under this title 
shall develop a middle grades improvement plan 
that— 
(i) shall be a statewide plan to im-
prove student academic achievement in the 
middle grades, based on the needs assess-
ment described in paragraph (3); and 
(ii) describes what students are re-
quired to know and do to successfully— 
(I) complete the middle grades; 
(II) develop the competencies 
of— 
(aa) the ability to acquire 
and use deep content knowledge 
to solve problems; 
(bb) critical thinking; 
VerDate Sep 11 2014 
18:49 May 12, 2021
Jkt 019200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H1828.IH
H1828
pamtmann on DSKBC07HB2PROD with BILLS
(cc) 
effective 
communica-
tion; 
(dd) self-direction; and 
(ee) the ability to collabo-
rate; and 
(III) make a successful transition 
to academically rigorous secondary 
school coursework that prepares stu-
dents to graduate from secondary 
school ready for higher education and 
a career. 
(B) PLAN COMPONENTS.—A middle grades 
improvement plan described in subparagraph 
(A) shall also describe how the State edu-
cational agency will do each of the following: 
(i)(I) Align State standards and as-
sessments for middle grades education with 
State standards and assessments for sec-
ondary schools and prepare students to 
take challenging secondary school courses 
and successfully engage in postsecondary 
education. 
(II) Coordinate, where applicable, 
with the activities carried out through 
grants under section 6201(c)(1) of the 
VerDate Sep 11 2014 
18:49 May 12, 2021
Jkt 019200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H1828.IH
H1828
pamtmann on DSKBC07HB2PROD with BILLS
America COMPETES Act (20 U.S.C. 
9871(c)(1)) for alignment of P–16 edu-
cation, as defined in section 6201(b) of 
such Act. 
(III) Support the transition from ele-
mentary school to the middle grades 
through programs that promote successful 
social, emotional, and cognitive develop-
ment. 
(ii) Provide professional development 
to school leaders, teachers, and other 
school personnel in— 
(I) addressing the needs of di-
verse learners, including students with 
disabilities and English learners; 
(II) using challenging and rel-
evant research-based best practices 
and curricula; 
(III) using data to inform in-
struction; and 
(IV) increasing student engage-
ment and social and emotional learn-
ing competencies. 
(iii) Identify and disseminate informa-
tion on effective schools and instructional 
VerDate Sep 11 2014 
18:49 May 12, 2021
Jkt 019200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H1828.IH
H1828
pamtmann on DSKBC07HB2PROD with BILLS
strategies for middle grades students based 
on high-quality research. 
(iv) Identify and provide support for 
students most at risk of not graduating 
from secondary school, including English 
learners, students with disabilities, and 
low-income students. 
(v) Provide technical assistance to eli-
gible entities to develop and implement 
their early warning indicator and interven-
tion systems, as described in section 
104(d)(2)(D). 
(vi) Define a set of school perform-
ance indicators that shall be used, in addi-
tion to the indicators used to identify 
schools for comprehensive support and im-
provement under section 1111(c)(4)(D)(i) 
of the Elementary and Secondary Edu-
cation 
Act 
of 
1965 
(20 
U.S.C. 
6311(c)(4)(D)(i)), to evaluate school per-
formance and guide the school improve-
ment process, such as— 
(I) 
student 
attendance 
and 
chronic absenteeism; 
VerDate Sep 11 2014 
18:49 May 12, 2021
Jkt 019200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H1828.IH
H1828
pamtmann on DSKBC07HB2PROD with BILLS