I 
111TH CONGRESS 
2D SESSION 
H. R. 5586 
To support high-achieving, educationally disadvantaged elementary school 
students in high-need local educational agencies, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 23, 2010 
Mr. PAYNE (for himself, Mr. GUTHRIE, and Mr. POLIS of Colorado) intro-
duced the following bill; which was referred to the Committee on Edu-
cation and Labor 
A BILL 
To support high-achieving, educationally disadvantaged ele-
mentary school students in high-need local educational 
agencies, and for other purposes. 
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 ‘‘Equity in Excellence 
Act of 2010’’. 
SEC. 2. EQUITY IN EXCELLENCE GRANTS. 
(a) IN GENERAL.—Title I of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 6301 et 
seq.) is amended— 
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(1) by redesignating part I as part J; and 
(2) by inserting after section 1830 the fol-
lowing: 
‘‘PART I—EQUITY IN EXCELLENCE GRANTS 
‘‘SEC. 1841. PURPOSE. 
‘‘The purpose of this part is to support high-need 
local educational agencies to develop programs that ensure 
that the rate of growth in academic achievement of high- 
achieving, educationally disadvantaged students in grades 
1 through 4 who are served by the high-need local edu-
cational agencies is comparable to that of such students’ 
more advantaged, high-achieving peers. 
‘‘SEC. 1842. DEFINITIONS. 
‘‘In this part: 
‘‘(1) COHORT.—The term ‘cohort’ means a 
group of high-achieving students in any of grades 1 
through 4 who attend schools served by the same 
local educational agency. 
‘‘(2) EDUCATIONALLY
DISADVANTAGED
STU-
DENT.—The term ‘educationally disadvantaged stu-
dent’ means a student who is from a low-income 
family, as determined by the measure of poverty 
used for the purposes of section 1113(a)(5) by the 
local educational agency serving the student. 
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‘‘(3) ELIGIBLE ENTITY.—The term ‘eligible en-
tity’ means— 
‘‘(A) a high-need local educational agency; 
‘‘(B) a consortium of local educational 
agencies that includes a high-need local edu-
cational agency; or 
‘‘(C) an eligible partnership. 
‘‘(4) ELIGIBLE PARTNERSHIP.—The term ‘eligi-
ble partnership’ means a partnership consisting of— 
‘‘(A) not less than 1 eligible high-need 
local educational agency; and 
‘‘(B) not less than 1 institution of higher 
education, or nonprofit organization, with sig-
nificant expertise in educating students with 
gifts and talents. 
‘‘(5) HIGH-ACHIEVING.—The term ‘high-achiev-
ing’, when used with respect to a student, means a 
student who— 
‘‘(A) based on a valid and reliable assess-
ment administered upon the student’s entry 
into grade 1, is performing academically in the 
top 10 percent of the students entering grade 
1 at the school, for any subgroup described in 
section 1111(b)(2)(C)(v)(II) that includes the 
student; or 
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‘‘(B) is identified by the local educational 
agency or elementary school for gifted edu-
cation services through teacher or family refer-
rals. 
‘‘(6) HIGH-NEED LOCAL EDUCATIONAL AGEN-
CY.—The term ‘high-need local educational agency’ 
means a local educational agency that meets the re-
quirements of section 2102(3)(A). 
‘‘SEC. 1843. EQUITY IN EXCELLENCE GRANTS. 
‘‘(a) PROGRAM AUTHORIZED.— 
‘‘(1) IN
GENERAL.—From amounts appro-
priated to carry out this part and not reserved under 
section 1845(b)(2), the Secretary is authorized to 
award demonstration grants, on a competitive basis, 
to eligible entities to enable the eligible entities to 
develop targeted interventions and academic services 
to ensure that, among the students served by high- 
need local educational agencies, the rate of growth 
in academic achievement of the cohort of high- 
achieving, educationally disadvantaged students is 
comparable to the cohort of such students’ more ad-
vantaged, high-achieving peers. 
‘‘(2) DURATION.—A grant awarded under this 
part shall be for a period of not more than 3 years 
and may be extended by the Secretary for an addi-
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tional 
years, 
in 
accordance 
with 
section 
1845(a)(2). 
‘‘(b) APPLICATION.—An eligible entity desiring a 
grant under this part shall submit an application to the 
Secretary at such time, in such manner, and containing 
such information as the Secretary may require. 
‘‘SEC. 1844. AUTHORIZED USE OF FUNDS. 
‘‘An eligible entity receiving a grant under this part 
shall use grant funds to carry out, for the cohorts of high- 
achieving students served by the high-need local edu-
cational agency participating in the eligible entity, all of 
the following activities: 
‘‘(1) Ensuring that assessments provide diag-
nostic information that informs instruction for high- 
achieving students. 
‘‘(2) Implementing evidence-based, innovative 
educational strategies, such as enrichment programs 
and academic acceleration strategies, designed to 
maximize the learning of high-potential and high- 
achieving students. 
‘‘(3) Procuring or utilizing high-quality instruc-
tional materials. 
‘‘(4) Carrying out training and professional de-
velopment for school personnel involved in the teach-
ing of high-achieving, educationally disadvantaged 
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students, such as instructional staff, principals, 
counselors, and psychologists. 
‘‘(5) Conducting education and training for par-
ents of high-achieving, educationally disadvantaged 
students to support educational excellence for such 
students. 
‘‘SEC. 1845. REPORTS AND DATA COLLECTION. 
‘‘(a) THIRD-YEAR REPORT.— 
‘‘(1) IN GENERAL.—At the end of the third 
year of a grant under this part, the eligible entity 
receiving such grant shall prepare, and submit to the 
Secretary, a report regarding— 
‘‘(A) how grant funds were expended; and 
‘‘(B) the outcomes produced by the grant. 
‘‘(2) REVIEW.—Upon review of a third-year re-
port submitted by an eligible entity under paragraph 
(1), the Secretary may extend a grant awarded 
under this part for not more than 2 more years 
based on the eligible entity’s performance. 
‘‘(b) DATA COLLECTION.— 
‘‘(1) IN
GENERAL.—The Secretary, acting 
through the Director of the Institute of Education 
Sciences, shall— 
‘‘(A) collect data annually comparing longi-
tudinal achievement levels of the cohorts of 
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high-achieving, educationally disadvantaged stu-
dents served by a grant under this part with 
such students’ more advantaged peers; and 
‘‘(B) release such data for analysis by 
independent research institutions. 
‘‘(2) RESERVATION.—The Secretary may re-
serve not more than 1 percent of the total amount 
appropriated for this part to carry out subsection 
(a). 
‘‘SEC. 1846. RULE OF CONSTRUCTION. 
‘‘Nothing in this part shall be construed to prohibit 
a recipient of a grant under this part from serving high- 
achieving, educationally disadvantaged students simulta-
neously with students with similar educational needs in 
the same educational settings, where appropriate.’’. 
(b) CONFORMING AMENDMENTS.—The Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 6301 
et seq.) is further amended— 
(1) in the table of contents in section 2— 
(A) by striking the item relating to part I 
and inserting the following: 
‘‘PART J—GENERAL PROVISIONS’’; 
and 
(B) by inserting after the item relating to 
section 1830 the following: 
‘‘PART I—EQUITY IN EXCELLENCE GRANTS 
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‘‘Sec. 1841. Purpose. 
‘‘Sec. 1842. Definitions. 
‘‘Sec. 1843. Equity in excellence grants. 
‘‘Sec. 1844. Authorized use of funds. 
‘‘Sec. 1845. Reports and data collection. 
‘‘Sec. 1846. Rule of construction.’’; 
(2) 
in 
section 
1304(c)(2) 
(20 
U.S.C. 
6394(c)(2)), by striking ‘‘part I’’ and inserting ‘‘part 
J’’; and 
(3) in section 1415(a)(2)(C) (20 U.S.C. 
6435(a)(2)(C)), by striking ‘‘part I’’ and inserting 
‘‘part J’’. 
SEC. 3. AUTHORIZATION OF APPROPRIATIONS. 
Section 1002 of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 6302) is amended by add-
ing at the end the following: 
‘‘(j) EQUITY
IN EXCELLENCE GRANTS.—For the 
purpose of carrying out part I, there is authorized to be 
appropriated $50,000,000 for fiscal year 2011 and each 
of the 5 succeeding fiscal years.’’. 
Æ 
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