ning targeted to improve pedagogy and student 
academic achievement; 
(E) the effects of increased learning or ex-
tended school time in the middle grades; and 
(F) the effects of decreased class size or 
increased instructional and support staff. 
(4) Strengthen the work of the existing national 
research and development centers under section 
133(c) of the Education Sciences Reform Act of 
2002 (20 U.S.C. 9533(c)), as of the date of enact-
ment of this Act, by adding an educational research 
and development center dedicated to addressing— 
(A) curricular, instructional, and assess-
ment issues pertinent to the middle grades 
(such as mathematics, science, technological flu-
ency, the needs of English language learners, 
and students with disabilities); 
(B) comprehensive reforms for low-per-
forming middle grades; and 
(C) other topics pertinent to improving the 
academic achievement of middle grades stu-
dents. 
(5) Provide grants to nonprofit organizations, 
for-profit organizations, institutions of higher edu-
cation, and others to partner with State educational 
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agencies and local educational agencies to develop, 
adapt, or replicate effective models for turning 
around low-performing middle grades. 
TITLE IV—DEFINITIONS 
SEC. 401. DEFINITIONS. 
Except as otherwise provided, in this Act: 
(1) BUREAU-FUNDED SCHOOL.—The term ‘‘Bu-
reau-funded school’’ has the meaning given such 
term in section 1146 of the Education Amendments 
of 1978 (25 U.S.C. 2026). 
(2) CHARTER MANAGEMENT ORGANIZATION.— 
The term ‘‘charter management organization’’ 
means a nonprofit organization that operates or 
manages a charter school or other school by central-
izing or sharing certain functions and resources. 
(3) CHARTER
SCHOOL.—The term ‘‘charter 
school’’— 
(A) has the meaning given such term in 
section 5210(1) of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 
7221i(1)); and 
(B) may include a charter school that pro-
vides prekindergarten or adult education serv-
ices. 
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(4) COLLEGE ENROLLMENT RATE.—The term 
‘‘college enrollment rate’’ means the rate at which 
students who are graduating from secondary school 
in the same academic year enroll in an institution of 
higher education in the same calendar year. 
(5) CORE COURSES.—The term ‘‘core courses’’ 
has the meaning given the tern ‘‘core academic sub-
jects’’ in section 9101(11) of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 
7801(11)). 
(6) DUAL ENROLLMENT PROGRAM.—The term 
‘‘dual enrollment program’’ means an academic pro-
gram established in partnership between a local edu-
cational agency and an institution of higher edu-
cation that enables a high school student to simulta-
neously earn credit toward— 
(A) a high school diploma; and 
(B) a postsecondary degree or certificate. 
(7) EARLY COLLEGE HIGH SCHOOL.—The term 
‘‘early college high school’’ means a high school es-
tablished in partnership between a local educational 
agency and an institution of higher education that 
provides a course of study that enables a student to 
earn— 
(A) a high school diploma; and 
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(B) an associate’s degree or 1 to 2 years 
of college credit toward a postsecondary degree 
or credential. 
(8) EARLY WARNING SYSTEM.— 
(A) IN
GENERAL.—The term ‘‘Early 
Warning System’’ means a data and interven-
tion system, which is maintained by a local edu-
cational agency, that collects, analyzes, and re-
ports student-level data in a timely and ongoing 
basis to help schools in the local educational 
agency identify and implement tiered academic, 
social, and behavioral evidence-based interven-
tions, including differentiated instruction, in 
order to ensure each middle school and high 
school student served by the local educational 
agency is on track to graduate and meet the 
student’s postsecondary education and career 
goals by— 
(i) alerting schools in the local edu-
cational agency when a student begins to 
exhibit academic, social, or behavioral indi-
cators of increased risk for low academic 
achievement, not graduating from sec-
ondary school, or disciplinary actions; 
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(ii) alerting schools in the local edu-
cational agency when a student has been 
retained in a grade level, is an undercred-
ited student, is a late entrant English lan-
guage learner, has come into contact with 
the juvenile justice system, has a dramati-
cally decreased attendance rate, or has sig-
nificant other barriers that limit successful 
high school completion and academic 
achievement; 
(iii) identifying appropriate evidence- 
based interventions for individual students 
under the intervention component de-
scribed in subparagraph (D) and carrying 
out such interventions under such compo-
nent; and 
(iv) sharing the student-level data col-
lected, analyzed, and reported by such sys-
tem among high schools and their feeder 
middle schools. 
(B) EARLY WARNING DATA COMPONENT.— 
(i) IN
GENERAL.—The data compo-
nent of an Early Warning System is a data 
system that carries out the activities de-
scribed in subparagraph (A) (with the ex-
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ception of the activities carried out under 
the intervention component described in 
subparagraph (D)) by collecting, analyzing, 
and reporting student-level data (through 
software, automation, manual analysis or 
other methods)— 
(I) in a manner consistent with 
the Family Educational Rights and 
Privacy Act of 1974 (20 U.S.C. 
1232g); 
(II) in a format that is easily ac-
cessible and useable by school staff at 
the school level; and 
(III) that is interoperable with 
the longitudinal data system estab-
lished under section 14005(d)(3) of 
the American Recovery and Reinvest-
ment Act of 2009 (Public Law 111– 
5) for the State educational agency 
serving the local educational agency 
that maintains such system. 
(ii) REPORTING.—The data compo-
nent described in clause (i) shall have the 
capacity to report student-level data— 
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ondary Education Act of 1965 (20 U.S.C. 
6311(b)(3)); 
(iii) on-time and delayed promotion 
from grade-to-grade; 
(iv) college admissions test participa-
tion; 
(v) completion of courses in which the 
student 
is 
dually-enrolled, 
college-level 
courses, college-preparatory courses, and 
middle-school prerequisite courses; 
(vi) graduation with a high school di-
ploma and reason for exiting other than 
earned high school diploma; 
(vii) behavioral indicators, including 
attendance, office referrals, suspensions, 
and expulsions; 
(viii) college enrollment and postsec-
ondary persistence; and 
(ix) other academic, social and behav-
ioral indicators as determined by the local 
educational agency. 
(D) EARLY WARNING INTERVENTION COM-
PONENT.— 
(i) IN
GENERAL.—The intervention 
component of an Early Warning System is 
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a comprehensive system of evidence-based 
academic, social, and behavioral services 
and supports for at-risk students, includ-
ing whole school reform activities, targeted 
student interventions, and intensive indi-
vidual student interventions described in 
clauses (ii), (iii), and (iv), respectively, 
which shall be continually evaluated by the 
local educational agency maintaining the 
Early Warning System for their effective-
ness. 
(ii) WHOLE SCHOOL REFORM ACTIVI-
TIES.— 
(I) 
IN
GENERAL.—The 
term 
‘‘whole 
school 
reform 
activities’’ 
means activities requiring the align-
ment of instructional resources and 
behavioral supports to specifically 
meet the academic, social, and behav-
ioral needs of students, and imple-
mentation of organizational change to 
ensure academic success of at-risk 
students, as informed by the analysis 
of data available under the Early 
Warning System. 
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(II) ACTIVITIES.—Whole school 
reform activities may include— 
(aa) establishing transition 
supports for students moving 
from middle to high school or 
from secondary school to postsec-
ondary school; 
(bb) increasing availability 
of college preparatory or career 
and technical instruction through 
Advanced 
Placement 
courses, 
International 
Baccalaureate 
courses, dual enrollment, early 
college high school opportunities, 
or high quality career and tech-
nical programs as described in 
section 3 of the Carl D. Perkins 
Career and Technical Education 
Act of 2006; 
(cc) extended learning op-
portunities for students; 
(dd) implementation of posi-
tive behavior support systems or 
multitier systems of support; 
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(ee) quality professional de-
velopment to meet student needs 
identified by the early warning 
data; or 
(ff) strategic use of time, in-
cluding common lesson planning 
time, flexible school periods, or 
block scheduling. 
(iii) TARGETED STUDENT INTERVEN-
TIONS.—Targeted 
student 
interventions 
are interventions provided to small groups 
of students on an ongoing basis that are 
adjusted over time to meet student needs, 
such as— 
(I) small group, instruction, tu-
toring or counseling; or 
(II) changes to learning struc-
tures, such as teams of teachers who 
work exclusively with small groups of 
students. 
(iv) INTENSIVE INDIVIDUAL STUDENT 
INTERVENTIONS.—Intensive individual stu-
dent 
interventions 
are 
interventions 
matched to individual student needs, in-
cluding one-on-one academic counseling 
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and use of an individual graduation plan to 
define, support and meet a student’s sec-
ondary and postsecondary education goals. 
Such interventions may include— 
(I) individual case management; 
(II) individual instruction; or 
(III) individual social and emo-
tional 
supports, 
including 
mental 
health counseling. 
(9) 
EDUCATIONAL
SERVICE
AGENCY.—The 
term ‘‘educational service agency’’ has the meaning 
given such term in section 9101(17) of the Elemen-
tary and Secondary Education Act of 1965 (20 
U.S.C. 7801(17)). 
(10) ELIGIBLE ENTITY.—The term ‘‘eligible en-
tity’’ means— 
(A) a local educational agency that serves 
at least one— 
(i) eligible middle school; and 
(ii) eligible high school; 
(B) a consortium of local educational agen-
cies described in subparagraph (A) that are lo-
cated in rural areas; or 
(C) a partnership between— 
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(i) a consortium described in subpara-
graph (B); and 
(ii) an educational service agency. 
(11) ELIGIBLE HIGH SCHOOL.—The term ‘‘eli-
gible high school’’ means a public school that— 
(A) provides education in at least 2 succes-
sive grades between 7th grade and 12th grade, 
inclusive, as determined by State law; and 
(B) had a graduation rate of 65 percent or 
less during each of the 2 academic years before 
the date of the enactment of this Act. 
(12) ELIGIBLE
MIDDLE
SCHOOL.—The term 
‘‘eligible middle school’’ means a public school 
that— 
(A) provides education in at least 2 succes-
sive grades between 5th grade and 8th grade, 
inclusive, as determined by State law; 
(B) is a feeder middle school for at least 
1 eligible high school; and 
(C) during each of the 2 academic years 
before the date of the enactment of this Act— 
(i) had more than 50 percent of the 
students who completed such school enroll 
in an eligible high school; and 
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(ii) was in a State’s lowest quintile of 
performance based on proficiency rates on 
State assessments required under section 
1111(b)(3) of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 
6311(b)(3)) or had not made adequate 
yearly 
progress 
(as 
defined 
section 
1111(b)(2)) of such Act (20 U.S.C. 
6311(b)(2)(C)). 
(13) FEEDER
MIDDLE
SCHOOL.—The term 
‘‘feeder middle school’’ means a middle school where 
students enrolled in a high school in the same local 
educational agency as such middle school were en-
rolled prior to completing such middle school. 
(14) GRADUATION RATE.—The term ‘‘gradua-
tion rate’’ has the meaning given such term in sec-
tion 1111(b)(2)(C)(vi) of the Elementary and Sec-
ondary 
Education 
Act 
of 
1965 
(20 
U.S.C. 
6311(b)(2)(C)(vi)), 
as 
clarified 
in 
section 
200.19(b)(1) of title 34, Code of Federal Regula-
tions. 
(15) HIGHLY
QUALIFIED.—The term ‘‘highly 
qualified’’ has the meaning given such term in sec-
tion 9101(23) of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7801(23)). 
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(16) INSTITUTION OF HIGHER EDUCATION.— 
The term ‘‘institution of higher education’’ has the 
meaning given such term in section 101 of the High-
er Education Act of 1965 (20 U.S.C. 1001). 
(17) LATE
ENTRANT
ENGLISH
LANGUAGE 
LEARNER.—The term ‘‘late entrant English lan-
guage learner’’ means a secondary school student 
who— 
(A) entered a school served by a local edu-
cational agency at grade 7 or higher; and 
(B) is identified by the agency as— 
(i) being limited English proficient; 
and 
(ii) having experienced interrupted 
formal education. 
(18) LOCAL EDUCATIONAL AGENCY.—The term 
‘‘local educational agency’’— 
(A) has the meaning given such term in 
section 9101(26) of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 
7801(26)); 
(B) includes any charter school that is a 
local educational agency, as determined by 
State law; and 
(C) includes each Bureau-funded school. 
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(19) LOW-INCOME STUDENT.—The term ‘‘low- 
income student’’ means a student described in sec-
tion 1113(a)(5) of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6313(a)(5)). 
(20) MULTITIER
SYSTEM
OF
SUPPORT.—The 
term ‘‘multitier system of support’’ means a com-
prehensive system of differentiated supports that in-
cludes— 
(A) evidence-based instruction; 
(B) universal screening; 
(C) progress monitoring; 
(D) formative assessments; 
(E) research-based interventions matched 
to student needs; and 
(F) educational decisionmaking using stu-
dent outcome data. 
(21) PARTICIPATING
MIDDLE
SCHOOL.—The 
term ‘‘participating middle school’’ means an eligible 
middle school that is— 
(A) under the jurisdiction of an eligible en-
tity awarded a grant under title I; and 
(B) that are being served by such grant. 
(22) PARTICIPATING HIGH SCHOOL.—The term 
‘‘participating high school’’ means an eligible high 
school that is— 
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(A) under the jurisdiction of an eligible en-
tity awarded a grant under title I; and 
(B) that are being served by such grant. 
(23) POSITIVE
BEHAVIOR
SUPPORTS.—The 
term ‘‘positive behavior supports’’ means a system-
atic approach to embed evidence-based practices and 
data-driven decisionmaking to improve school cli-
mate and culture, including a range of systemic and 
individualized strategies to reinforce desired behav-
iors and diminish reoccurrence of problem behaviors, 
in order to achieve improved academic and social 
outcomes and increase learning for all students, in-
cluding those with the most complex and intensive 
behavioral needs. 
(24) POSTSECONDARY
PERSISTENCE
RATE.— 
The term ‘‘postsecondary persistence rate’’ means 
the rate at which students who graduated from sec-
ondary school in the same academic year enroll in an 
institution of higher education and complete 1 aca-
demic year of credit at such institution, as deter-
mined by such institution. 
(25) SECONDARY SCHOOL REFORM ORGANIZA-
TION.—The term ‘‘secondary school reform organi-
zation’’ means a nonprofit organization, such as a 
community-based organization, charter management 
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organization, educational service agency, education 
management organization, or institution of higher 
education, with— 
(A) expertise in analyzing school perform-
ance data; and 
(B) a demonstrated record of success in 
improving student achievement, graduation 
rates, college enrollment, or restructuring low- 
performing middle schools or high schools. 
(26) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of Education. 
(27) SPECIALIZED
INSTRUCTIONAL
SUPPORT 
PERSONNEL.—The term ‘‘specialized instructional 
support personnel’’ means school counselors, school 
social workers, school psychologists, and other quali-
fied professional personnel involved in providing as-
sessment, diagnosis, counseling, educational, thera-
peutic, and other services (including related services 
as that term is defined in section 602 of the Individ-
uals with Disabilities Education Act) as part of a 
comprehensive program to meet student needs. 
(28) SPECIALIZED
INSTRUCTIONAL
SUPPORT 
SERVICES.—The term ‘‘specialized instructional sup-
port services’’ means the services provided by spe-
cialized instructional support personnel. 
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(29) STATE.—The term ‘‘State’’ has the mean-
ing given such term in section 9101 of the Elemen-
tary and Secondary Education Act of 1965 (20 
U.S.C. 7801). 
(30) STATE EDUCATIONAL AGENCY.—The term 
‘‘State educational agency’’ has the meaning given 
such term in section 9101(41) Elementary and Sec-
ondary 
Education 
Act 
of 
1965 
(20 
U.S.C. 
7801(41)). 
(31) SUBJECT MATTER EXPERTISE.—The term 
‘‘subject matter expertise’’ means demonstrating 
competence in each of the academic subjects in 
which a teacher provides instruction as the teacher 
of record, whether or not the teacher is new to the 
profession, by meeting the requirements described in 
subclause (I) or (II) of section 9101(23)(B)(ii) of 
the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 7801(23)(B)(ii)(I); (23)(B)(ii)(II)). 
(32) UNDERCCREDITED STUDENT.—The term 
‘‘undercredited student’’ means a secondary school 
student who lacks either the necessary credits or 
courses, as determined by the applicable local edu-
cational agency and State agency, to graduate from 
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secondary school with a regular diploma in the 
standard number of years. 
Æ 
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