†
134
HR 2272 EAS
(iii) increasing the number of Ad-
vanced Placement or International Bacca-
laureate courses in mathematics, science,
and critical foreign languages that are
available to students attending high-need
schools; and
(iv) increasing the number of students
attending a high-need school, particularly
low-income students, who enroll in and
pass—
(I) Advanced Placement or Inter-
national 
Baccalaureate 
courses 
in
mathematics, science, or critical for-
eign languages; and
(II) pre-Advanced Placement or
pre-International 
Baccalaureate
courses in such a subject (where pro-
vided in accordance with subpara-
graph (B));
(B) how the eligible entity will ensure that
students have access to courses, including pre-
Advanced Placement and pre-International Bac-
calaureate courses, that will prepare the students
to enroll and succeed in Advanced Placement or
†
135
HR 2272 EAS
International Baccalaureate courses in mathe-
matics, science, or critical foreign languages;
(C) how the eligible entity will provide pro-
fessional development for teachers assisted under
this section;
(D) how the eligible entity will ensure that
teachers serving high-need schools are qualified
to teach Advanced Placement or International
Baccalaureate courses in mathematics, science,
or critical foreign languages;
(E) how the eligible entity will provide for
the involvement of business and community or-
ganizations and other entities, including institu-
tions of higher education, in the activities to be
assisted; and
(F) how the eligible entity will use funds re-
ceived under this section, including how the eli-
gible entity will evaluate the success of its
project.
(g) AUTHORIZED ACTIVITIES.—
(1) IN GENERAL.—Each eligible entity that re-
ceives a grant under this section shall use the grant
funds to carry out activities designed to increase—
(A) the number of qualified teachers serving
high-need schools who are teaching Advanced
†
136
HR 2272 EAS
Placement 
or 
International 
Baccalaureate
courses in mathematics, science, or critical for-
eign languages; and
(B) the number of students attending high-
need schools who enroll in, and pass, the exami-
nations for such Advanced Placement or Inter-
national Baccalaureate courses.
(2) PERMISSIVE ACTIVITIES.—The activities de-
scribed in paragraph (1) may include—
(A) teacher professional development, in
order to expand the pool of teachers in the par-
ticipating State, local educational agency, or
high-need school who are qualified to teach Ad-
vanced 
Placement 
or 
International 
Bacca-
laureate courses in mathematics, science, or crit-
ical foreign languages;
(B) pre-Advanced Placement or pre-Inter-
national Baccalaureate course development and
professional development;
(C) coordination and articulation between
grade levels to prepare students to enroll and
succeed in Advanced Placement or International
Baccalaureate courses in mathematics, science,
or critical foreign languages;
(D) purchase of instructional materials;
†
137
HR 2272 EAS
(E) activities to increase the availability of,
and participation in, online Advanced Place-
ment or International Baccalaureate courses in
mathematics, science, and critical foreign lan-
guages;
(F) reimbursing low-income students at-
tending high-need schools for part or all of the
cost of Advanced Placement or International
Baccalaureate examination fees;
(G) carrying out subsection (j), relating to
collecting and reporting data;
(H) in the case of a State educational agen-
cy that receives a grant under this section,
awarding subgrants to local educational agencies
to enable the local educational agencies to carry
out authorized activities described in subpara-
graphs (A) through (G); and
(I) providing salary increments or bonuses
to teachers serving high-need schools who—
(i) become qualified to teach, and
teach, Advanced Placement or International
Baccalaureate 
courses 
in 
mathematics,
science, or a critical foreign language; or
(ii) increase the number of low-income
students, who take Advanced Placement or
†
138
HR 2272 EAS
International Baccalaureate examinations
in mathematics, science, or a critical for-
eign language with the goal of successfully
passing such examinations.
(h) MATCHING REQUIREMENT.—
(1) IN
GENERAL.—Subject to paragraph (2),
each eligible entity that receives a grant under this
section shall provide, toward the cost of the activities
assisted under the grant, from non-Federal sources,
an amount equal to 200 percent of the amount of the
grant, except that an eligible entity that is a high-
need local educational agency shall provide an
amount equal to not more than 100 percent of the
amount of the grant.
(2) WAIVER.—The Secretary may waive all or
part of the matching requirement described in para-
graph (1) for any fiscal year for an eligible entity de-
scribed in subparagraph (A) or (B) of section
3122(2), if the Secretary determines that applying the
matching requirement to such eligible entity would re-
sult in serious hardship or an inability to carry out
the authorized activities described in subsection (g).
(i) SUPPLEMENT NOT SUPPLANT.—Grant funds pro-
vided under this section shall be used to supplement, not
†
139
HR 2272 EAS
supplant, other Federal and non-Federal funds available to
carry out the activities described in subsection (g).
(j) COLLECTING AND REPORTING REQUIREMENTS.—
(1) REPORT.—Each eligible entity receiving a
grant under this section shall collect and report to the
Secretary annually such data on the results of the
grant as the Secretary may reasonably require, in-
cluding data regarding—
(A) the number of students enrolling in Ad-
vanced 
Placement 
or 
International 
Bacca-
laureate courses in mathematics, science, or a
critical foreign language, and pre-Advanced
Placement or pre-International Baccalaureate
courses in such a subject, by the grade the stu-
dent is enrolled in, and the distribution of grades
those students receive;
(B) the number of students taking Advanced
Placement or International Baccalaureate ex-
aminations in mathematics, science, or a critical
foreign language, and the distribution of scores
on those examinations by the grade the student
is enrolled in at the time of the examination;
(C) the number of teachers receiving train-
ing in teaching Advanced Placement or Inter-
national Baccalaureate courses in mathematics,
†
140
HR 2272 EAS
science, or a critical foreign language who will
be teaching such courses in the next school year;
(D) the number of teachers becoming quali-
fied to teach Advanced Placement or Inter-
national Baccalaureate courses in mathematics,
science, or a critical foreign language; and
(E) the number of qualified teachers who
are teaching Advanced Placement or Inter-
national Baccalaureate courses in mathematics,
science, or critical foreign languages to students
in a high-need school.
(2) REPORTING OF DATA.—Each eligible entity
receiving a grant under this section shall report data
required under paragraph (1)—
(A) disaggregated by subject area;
(B) 
in 
the 
case 
of 
student 
data,
disaggregated in the same manner as informa-
tion 
is 
disaggregated 
under 
section
1111(h)(1)(C)(i) of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C.
6311(h)(1)(C)(i)); and
(C) to the extent feasible, in a manner that
allows comparison of conditions before, during,
and after the project.
†
141
HR 2272 EAS
(k) EVALUATION
AND REPORT.—From the amount
made available for any fiscal year under subsection (l), the
Secretary shall reserve such sums as may be necessary—
(1) to conduct an annual independent evalua-
tion, by grant or by contract, of the program carried
out under this section, which shall include an assess-
ment of the impact of the program on student aca-
demic achievement; and
(2) to prepare and submit an annual report on
the results of the evaluation described in paragraph
(1) to the Committee on Health, Education, Labor,
and Pensions of the Senate, the Committee on Edu-
cation and the Workforce of the House of Representa-
tives, and the Committees on Appropriations of the
Senate and House of Representatives.
(l) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to carry out this section
$58,000,000 for fiscal year 2008, and such sums as may
be necessary for each of the 3 succeeding fiscal years.
†
142
HR 2272 EAS
Subtitle C—Promising Practices in
Mathematics, 
Science, 
Tech-
nology, and Engineering Teach-
ing
SEC. 3131. PROMISING PRACTICES.
(a) PURPOSE.—The purpose of this section is to
strengthen the skills of mathematics, science, technology,
and engineering teachers by identifying promising practices
in the teaching of mathematics, science, technology, and en-
gineering in elementary and secondary education.
(b) NATIONAL PANEL ON PROMISING PRACTICES IN
TEACHING MATHEMATICS, SCIENCE, TECHNOLOGY, AND
ENGINEERING.—The Secretary is authorized to contract
with the National Academy of Sciences to convene, not later
than 1 year after the date of enactment of this Act, a na-
tional panel to identify existing promising practices in the
teaching of mathematics, science, technology, and engineer-
ing in kindergarten through grade 12.
(c) COMPOSITION OF NATIONAL PANEL.—
(1) CONSULTATION.—The Secretary shall enter
into a contract with the National Academy of
Sciences to establish a panel to identify existing
promising practices in the teaching of mathematics,
science, technology, and engineering in elementary
†
143
HR 2272 EAS
and secondary education with demonstrated evidence
of increasing student academic achievement.
(2) SELECTION.—The National Academy of
Sciences shall ensure that the panel established under
paragraph (1) broadly represents scientists, practi-
tioners, teachers, principals, and representatives from
entities with expertise in education, mathematics, and
science. The National Academy of Sciences shall en-
sure that the panel includes the following:
(A) A majority representation of teachers
and principals directly involved in teaching
mathematics, science, technology, or engineering
in kindergarten through grade 12.
(B) Representation of teachers and prin-
cipals from all demographic areas, including
urban, suburban, and rural schools.
(C) Representation of teachers from public
and private schools.
(3) QUALIFICATIONS OF MEMBERS.—The mem-
bers of the panel established under paragraph (1)
shall be individuals who have substantial knowledge
or experience relating to—
(A) mathematics, science, technology, or en-
gineering education programs; or
†
144
HR 2272 EAS
(B) mathematics, science, technology, or en-
gineering curricula content development.
(d) AUTHORIZED ACTIVITIES OF NATIONAL PANEL.—
The panel shall—
(1) identify promising practices in the teaching
of mathematics, science, technology, and engineering
in elementary and secondary education;
(2) identify techniques proven to help teachers
increase their skills and expertise in improving stu-
dent achievement in mathematics, science, technology,
and engineering; and
(3) identify areas of need for promising practices
in mathematics, science, technology, and engineering.
(e) DISSEMINATION.—The Secretary shall disseminate
information collected pursuant to this section to the public,
State educational agencies, and local educational agencies,
and shall publish appropriate and relevant information on
the promising practices on the website of the Department
in an easy to understand format.
(f) MATHEMATICS, SCIENCE, TECHNOLOGY, AND ENGI-
NEERING ‘‘PROMISING PRACTICES’’.—
(1) 
RELIABILITY
AND
MEASUREMENT.—The
promising practices in the teaching of mathematics,
science, technology, and engineering in elementary
†
145
HR 2272 EAS
and secondary education collected under this section
shall be—
(A) reliable, valid, and grounded in sci-
entific theory and research;
(B) reviewed regularly to assess effective-
ness; and
(C) reviewed in the context of State aca-
demic assessments and student academic achieve-
ment standards.
(2) 
STUDENTS
WITH
DIVERSE
LEARNING
NEEDS.—In identifying promising practices under
this section, the panel established under subsection (c)
shall take into account the needs of students with di-
verse learning needs, particularly for students with
disabilities and students who are limited English pro-
ficient.
(g) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to carry out this section such
sums as may be necessary for fiscal year 2008.
TITLE II—MATHEMATICS
SEC. 3201. MATH NOW FOR ELEMENTARY SCHOOL AND MID-
DLE SCHOOL STUDENTS PROGRAM.
(a) PURPOSE.—The purpose of this section is to enable
all students to reach or exceed grade-level academic achieve-
†
146
HR 2272 EAS
ment standards and to prepare the students to enroll in
and pass algebra courses by—
(1) improving instruction in mathematics for
students in kindergarten through grade 9 through the
implementation of mathematics programs and the
support of comprehensive mathematics initiatives that
are research-based and reflect a demonstrated record
of effectiveness; and
(2) providing targeted help to low-income stu-
dents who are struggling with mathematics and whose
achievement is significantly below grade level.
(b) DEFINITION OF ELIGIBLE LOCAL EDUCATIONAL
AGENCY.—In this section, the term ‘‘eligible local edu-
cational agency’’ means a high-need local educational agen-
cy (as defined in section 3112(3)) serving 1 or more
schools—
(1) with significant numbers or percentages of
students whose mathematics skills are below grade
level;
(2) that are not making adequate yearly progress
in mathematics under section 1111(b)(2) of the Ele-
mentary and Secondary Education Act of 1965 (20
U.S.C. 6311(b)(2)); or
(3) in which students are receiving instruction
in mathematics from teachers who do not have mathe-
†
147
HR 2272 EAS
matical content knowledge or expertise in the teaching
of mathematics.
(c) PROGRAM AUTHORIZED.—
(1) IN
GENERAL.—From the amounts appro-
priated under subsection (k) for any fiscal year, the
Secretary is authorized to award grants, on a com-
petitive basis, for not more than 5 years, to State
educational agencies to enable the State educational
agencies to award grants to eligible local educational
agencies to carry out the activities described in sub-
section (e).
(2) PRIORITY.—In awarding grants under this
section, the Secretary shall give priority to applica-
tions for projects that will implement statewide strat-
egies for improving mathematics instruction and
raising the mathematics achievement of students, par-
ticularly students in grades 4 through 8.
(d) STATE USES OF FUNDS.—
(1) IN GENERAL.—Each State educational agen-
cy that receives a grant under this section for a fiscal
year—
(A) shall expend not more than a total of 10
percent of the grant funds to carry out the ac-
tivities described in paragraphs (2) or (3) for the
fiscal year; and
†
148
HR 2272 EAS
(B) shall use not less than 90 percent of the
grant funds to award grants, on a competitive
basis, to eligible local educational agencies to en-
able the eligible local educational agencies to
carry out the activities described in subsection
(e) for the fiscal year.
(2) MANDATORY USES OF FUNDS.—A State edu-
cational agency shall use the grant funds made avail-
able under paragraph (1)(A) to carry out each of the
following activities:
(A) PLANNING
AND
ADMINISTRATION.—
Planning and administration, including—
(i) evaluating applications from eligi-
ble local educational agencies using peer re-
view 
teams 
described 
in 
subsection
(f)(1)(D);
(ii) administering the distribution of
grants to eligible local educational agencies;
and
(iii) assessing and evaluating, on a
regular basis, eligible local educational
agency activities assisted under this section,
with respect to whether the activities have
been effective in increasing the number of
children—
†
149
HR 2272 EAS
(I) making progress toward meet-
ing grade-level mathematics achieve-
ment; and
(II) meeting or exceeding grade-
level mathematics achievement.
(B) REPORTING.—Annually providing the
Secretary with a report on the implementation
of this section as described in subsection (i).
(3) PERMISSIVE USE OF FUNDS; TECHNICAL AS-
SISTANCE.—
(A) IN
GENERAL.—A State educational
agency may use the grant funds made available
under paragraph (1)(A) for 1 or more of the fol-
lowing technical assistance activities that assist
an eligible local educational agency, upon re-
quest by the eligible local educational agency, in
accomplishing the tasks required to design and
implement a project under this section, including
assistance in—
(i) implementing mathematics pro-
grams or comprehensive mathematics ini-
tiatives that are research-based and reflect a
demonstrated record of effectiveness;
†
150
HR 2272 EAS
(ii) evaluating and selecting diagnostic
and classroom based instructional mathe-
matics assessments; and
(iii) identifying eligible professional
development providers to conduct the profes-
sional development activities described in
subsection (e)(1)(B).
(B) GUIDANCE.—The technical assistance
described in subparagraph (A) shall be guided by
researchers with expertise in the pedagogy of
mathematics, mathematicians, and mathematics
educators 
from 
high-risk, 
high-achievement
schools and eligible local educational agencies.
(e) LOCAL USES OF FUNDS.—
(1) MANDATORY USES OF FUNDS.—Each eligible
local educational agency receiving a grant under this
section shall use the grant funds to carry out each of
the following activities:
(A) To implement mathematics programs or
comprehensive mathematics initiatives—
(i) for students in the grades of a par-
ticipating school as identified in the appli-
cation submitted under subsection (f)(2)(A);
and
†
151
HR 2272 EAS
(ii) that are research-based and reflect
a demonstrated record of effectiveness.
(B) To provide professional development
and instructional leadership activities for teach-
ers and, if appropriate, for administrators and
other school staff, on the implementation of com-
prehensive mathematics initiatives designed—
(i) to improve the achievement of stu-
dents performing significantly below grade
level;
(ii) to improve the mathematical con-
tent knowledge of the teachers, administra-
tors, and other school staff;
(iii) to increase the use of effective in-
structional practices; and
(iv) to monitor student progress.
(C) To conduct continuous progress moni-
toring, which may include the adoption and use
of assessments that—
(i) measure student progress and iden-
tify areas in which students need help in
learning mathematics; and
(ii) reflect mathematics content that is
consistent with State academic achievement
standards in mathematics described in sec-
†
152
HR 2272 EAS
tion 1111(b) of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C.
6311(b)).
(2) PERMISSIVE USES OF FUNDS.—An eligible
local educational agency may use grant funds under
this section to—
(A) adopt and use mathematics instruc-
tional materials and assessments;
(B) implement classroom-based assessments,
including diagnostic or formative assessments;
(C) provide remedial coursework and inter-
ventions for students, which may be provided be-
fore or after school;
(D) provide small groups with individual-
ized instruction in mathematics;
(E) conduct activities designed to improve
the content knowledge and expertise of teachers,
such as the use of a mathematics coach, enrich-
ment activities, and interdisciplinary methods of
mathematics instruction; and
(F) collect and report performance data.
(f) APPLICATIONS.—
(1) STATE EDUCATIONAL AGENCY.—Each State
educational agency desiring a grant under this sec-
tion shall submit an application to the Secretary at
†
153
HR 2272 EAS
such time and in such manner as the Secretary may
require. Each application shall include—
(A) an assurance that the core mathematics
instructional program, supplemental instruc-
tional materials, and intervention programs
used by the eligible local educational agencies for
the project, are research-based and reflect a dem-
onstrated record of effectiveness and are aligned
with State academic achievement standards;
(B) an assurance that eligible local edu-
cational agencies will meet the requirements de-
scribed in paragraph (2);
(C) an assurance that local applications
will be evaluated using a peer review process;
(D) a description of the qualifications of the
peer review teams, which shall consist of—
(i) researchers with expertise in the
pedagogy of mathematics;
(ii) mathematicians; and
(iii) mathematics educators serving
high-risk, high-achievement schools and eli-
gible local educational agencies; and
(E) an assurance that the State will estab-
lish a process to safeguard against conflicts of
interest, consistent with subsection (g)(2), for in-
†
154
HR 2272 EAS
dividuals providing technical assistance on be-
half of the State educational agency or partici-
pating in the State peer review process under
this title.
(2) ELIGIBLE LOCAL EDUCATIONAL AGENCY.—
Each eligible local educational agency desiring a
grant under this section shall submit an application
to the State educational agency at such time and in
such manner as the State educational agency may re-
quire. Each application shall include—
(A) an assurance that the eligible local edu-
cational agency will provide assistance to 1 or
more schools that are—
(i) served by the eligible local edu-
cational agency; and
(ii) described in section 3201(b);
(B) a description of the grades kindergarten
through grade 9, and of the schools, that will be
served;
(C) information, on an aggregate basis, on
each school to be served by the project, including
such demographic, socioeconomic, and mathe-
matics achievement data as the State edu-
cational agency may request;
†
155
HR 2272 EAS
(D) a description of the core mathematics
instructional program, supplemental instruc-
tional materials, and intervention programs or
strategies that will be used for the project, in-
cluding an assurance that the programs or strat-
egies are research-based and reflect a dem-
onstrated record of effectiveness and are aligned
with State academic achievement standards;
(E) a description of the activities that will
be carried out under the grant, including a de-
scription of the professional development that
will be provided to teachers, and, if appropriate,
administrators and other school staff, and a de-
scription of how the activities will support
achievement of the purpose of this section;
(F) an assurance that the eligible local edu-
cational agency will report to the State edu-
cational agency all data on student academic
achievement that is necessary for the State edu-
cational agency’s report under subsection (i);
(G) a description of the eligible entity’s
plans for evaluating the impact of professional
development and leadership activities in mathe-
matics on the content knowledge and expertise of
†
156
HR 2272 EAS
teachers, administrators, or other school staff;
and
(H) any other information the State edu-
cational agency may reasonably require.
(g) PROHIBITIONS.—
(1) IN GENERAL.—In implementing this section,
the Secretary shall not—
(A) endorse, approve, or sanction any math-
ematics curriculum designed for use in any
school; or
(B) engage in oversight, technical assist-
ance, or activities that will require the adoption
of a specific mathematics program or instruc-
tional materials by a State, local educational
agency, or school.
(2) CONFLICT OF INTEREST.—Any Federal em-
ployee, contractor, or subcontractor involved in the
administration, implementation, or provision of over-
sight or technical assistance duties or activities under
this section shall—
(A) disclose to the Secretary any financial
ties to publishers, entities, private individuals,
or organizations that will benefit from funds
provided under this section; and
†
157
HR 2272 EAS
(B) be prohibited from maintaining signifi-
cant financial interests in areas directly related
to duties or activities under this section, unless
granted a waiver by the Secretary.
(3) REPORTING.—The Secretary shall report an-
nually to the Committee on Health, Education,
Labor, and Pensions of the Senate and to the Com-
mittee on Education and Labor of the House of Rep-
resentatives on any of the special allowances or waiv-
ers granted under paragraph (2)(B).
(4) RULE OF CONSTRUCTION.—Nothing in this
title shall be construed to authorize or permit the De-
partment of Education, or a Department of Edu-
cation contractor, to mandate, direct, control, or sug-
gest the selection of a mathematics curriculum, sup-
plemental instructional materials, or program of in-
struction by a State, local educational agency, or
school.
(h) MATCHING REQUIREMENTS.—
(1) STATE EDUCATIONAL AGENCY.—A State edu-
cational agency that receives a grant under this sec-
tion shall provide, from non-Federal sources, an
amount equal to 50 percent of the amount of the
grant, in cash or in kind, to carry out the activities
supported by the grant, of which not more than 20
†
158
HR 2272 EAS
percent of such 50 percent may be provided by local
educational agencies within the State.
(2) WAIVER.—The Secretary may waive all of or
a portion of the matching requirement described in
paragraph (1) for any fiscal year, if the Secretary de-
termines that—
(A) the application of the matching require-
ment will result in serious hardship for the State
educational agency; or
(B) providing a waiver best serves the pur-
pose of the program assisted under this section.
(i) PROGRAM PERFORMANCE AND ACCOUNTABILITY.—
(1) 
INFORMATION.—Each 
State 
educational
agency receiving a grant under this section shall col-
lect and report to the Secretary annually such infor-
mation on the results of the grant as the Secretary
may reasonably require, including information on—
(A) mathematics achievement data that
show the progress of students participating in
projects under this section (including, to the ex-
tent practicable, comparable data from students
not participating in such projects), based pri-
marily on the results of State, school district
wide, 
or 
classroom-based, 
assessments,
including—
†
159
HR 2272 EAS
(i) specific identification of those
schools and eligible local educational agen-
cies that report the largest gains in mathe-
matics achievement; and
(ii) evidence on whether the State edu-
cational agency and eligible local edu-
cational agencies within the State have—
(I) significantly increased the
number of students achieving at grade
level or above in mathematics;
(II) significantly increased the
percentages of students described in
section 1111(b)(2)(C)(v)(II) of the Ele-
mentary and Secondary Education Act
of 
1965 
(20 
U.S.C.
6311(b)(2)(C)(v)(II)) who are achiev-
ing at grade level or above in mathe-
matics;
(III) significantly increased the
number of students making significant
progress toward meeting grade-level
mathematics achievement standards;
and
(IV) successfully implemented this
section;
†
160
HR 2272 EAS
(B) the percentage of students in the schools
served by the eligible local educational agency
who enroll in algebra courses and the percentage
of such students who pass algebra courses; and
(C) the progress made in increasing the
quality and accessibility of professional develop-
ment and leadership activities in mathematics,
especially activities resulting in greater content
knowledge and expertise of teachers, administra-
tors, and other school staff, except that the Sec-
retary shall not require such information until
after the third year of a grant awarded under
this section.
(2) REPORTING AND DISAGGREGATION.—The in-
formation required under paragraph (1) shall be—
(A) reported in a manner that allows for a
comparison of aggregated score differentials of
student academic achievement before (to the ex-
tent feasible) and after implementation of the
project assisted under this section; and
(B) disaggregated in the same manner as
information is disaggregated under section
1111(h)(1)(C)(i) of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C.
6311(h)(1)(C)(i)).
†
161
HR 2272 EAS
(3) PRIVACY PROTECTION.—The data in the re-
port shall be reported in a manner that—
(A) protects the privacy of individuals; and
(B) complies with the requirements of the
Family Educational Rights and Privacy Act of
1974 (20 U.S.C. 1232g).
(j) EVALUATION AND TECHNICAL ASSISTANCE.—
(1) EVALUATION.—
(A) IN GENERAL.—The Secretary shall con-
duct an annual independent evaluation, by
grant or by contract, of the program assisted
under this section, which shall include an assess-
ment of the impact of the program on student
academic achievement and teacher performance,
and may use funds available to carry out this
section to conduct the evaluation.
(B) REPORT.—The Secretary shall annually
submit, to the Committee on Health, Education,
Labor, and Pensions of the Senate, the Com-
mittee on Education and the Workforce of the
House of Representatives, and the Committees on
Appropriations of the Senate and House of Rep-
resentatives, a report on the results of the evalua-
tion.
†
162
HR 2272 EAS
(2) TECHNICAL
ASSISTANCE.—The Secretary
may use funds made available under paragraph (3)
to provide technical assistance to prospective appli-
cants and to eligible local educational agencies receiv-
ing a grant under this section.
(3) RESERVATION
OF
FUNDS.—The Secretary
may reserve not more than 2.5 percent of funds ap-
propriated under subsection (k) for a fiscal year to
carry out this subsection.
(k) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to carry out this section
$146,700,000 for fiscal year 2008, and such sums as may
be necessary for each of the 3 succeeding fiscal years.
SEC. 3202. SUMMER TERM EDUCATION PROGRAMS.
(a) PURPOSE.—The purpose of this section is to create
opportunities for summer learning by providing students
with access to summer learning in mathematics, technology,
and problem-solving to ensure that students do not experi-
ence learning losses over the summer and to remedy, rein-
force, and accelerate the learning of mathematics and prob-
lem-solving.
(b) DEFINITIONS.—In this section:
(1) EDUCATIONAL SERVICE AGENCY.—The term
‘‘educational service agency’’ has the meaning given
†
163
HR 2272 EAS
the term in section 9101 of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 7801).
(2) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ means an entity that—
(A) desires to participate in a summer
learning grant program under this section by
providing summer learning opportunities de-
scribed in subsection (d)(4)(A)(ii) to eligible stu-
dents; and
(B) is—
(i) a high-need local educational agen-
cy; or
(ii) a consortium consisting of a high-
need local educational agency and 1 or
more of the following entities:
(I) 
Another 
local 
educational
agency;
(II) A community-based youth de-
velopment organization with a dem-
onstrated record of effectiveness in
helping students learn;
(III) An institution of higher edu-
cation;
(IV) An educational service agen-
cy; or
†
164
HR 2272 EAS
(V) A for-profit educational pro-
vider, nonprofit organization, science
center, museum, or summer enrichment
camp, that has been approved by the
State educational agency to provide the
summer learning opportunity described
in subsection (d)(4)(A)(ii).
(3) ELIGIBLE STUDENT.—The term ‘‘eligible stu-
dent’’ means a student who—
(A) is eligible for a free lunch under the
Richard B. Russell National School Lunch Act
(42 U.S.C. 1751 et seq.); and
(B) is served by a local educational agency
identified by the State educational agency in the
application described in subsection (c)(2).
(4) INSTITUTION OF HIGHER EDUCATION.—The
term ‘‘institution of higher education’’ has the mean-
ing given the term in section 101(a) of the Higher
Education Act of 1965 (20 U.S.C. 1001(a)).
(5) LOCAL
EDUCATIONAL
AGENCY.—The term
‘‘local educational agency’’ has the meaning given the
term in section 9101 of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 7801).
(6) HIGH-NEED LOCAL EDUCATIONAL AGEN-
CY.—The term high-need local educational agency
†
165
HR 2272 EAS
means a local educational agency (as defined in sec-
tion 9101 of the Elementary and Secondary Edu-
cation Act of 1965)—
(A) that serves not less than 10,000 children
from low-income families;
(B) for which not less than 20 percent of the
children served by the agency are children from
low-income families; or
(C) with a total of not less than 600 stu-
dents in average daily attendance at the schools
that are served by the agency, and all of whose
schools are designated with a school locale code
of 6, 7, or 8 as determined by the Secretary of
Education.
(7) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Education.
(8) STATE.—The term ‘‘State’’ means each of the
several States of the United States, the District of Co-
lumbia, the Commonwealth of Puerto Rico, Guam,
American Samoa, the United States Virgin Islands,
the Commonwealth of the Northern Mariana Islands,
the Republic of the Marshall Islands, the Federated
States of Micronesia, and the Republic of Palau.
(9) STATE
EDUCATIONAL
AGENCY.—The term
‘‘State educational agency’’ has the meaning given the
†
166
HR 2272 EAS
term in section 9101 of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 7801).
(c) DEMONSTRATION GRANT PROGRAM.—
(1) PROGRAM AUTHORIZED.—
(A) IN GENERAL.—From the funds appro-
priated under subsection (f) for a fiscal year, the
Secretary shall carry out a demonstration grant
program in which the Secretary awards grants,
on a competitive basis, to State educational
agencies to enable the State educational agencies
to pay the Federal share of summer learning
grants for eligible students.
(B) NUMBER OF GRANTS.—For each fiscal
year, the Secretary shall award not more than 5
grants under this section.
(2) APPLICATION.—A State educational agency
that desires to receive a grant under this section shall
submit an application to the Secretary at such time,
in such manner, and accompanied by such informa-
tion as the Secretary may require. Such application
shall identify the areas in the State where the summer
learning grant program will be offered and the local
educational agencies that serve such areas.
(3) AWARD BASIS.—
†
167
HR 2272 EAS
(A) SPECIAL CONSIDERATION.—In award-
ing grants under this section, the Secretary shall
give special consideration to a State educational
agency that agrees, to the extent possible, to enter
into agreements with eligible entities that are
consortia described in subsection (b)(2)(B)(iii)
and that proposes to target services to children
in grades K–8.
(B) 
GEOGRAPHIC
DISTRIBUTION.—In
awarding grants under this section, the Sec-
retary shall take into consideration an equitable
geographic distribution of the grants.
(d) SUMMER LEARNING GRANTS.—
(1) USE
OF
GRANTS
FOR
SUMMER
LEARNING
GRANTS.—
(A) IN GENERAL.—Each State educational
agency that receives a grant under subsection (c)
for a fiscal year shall use the grant funds to pro-
vide summer learning grants for the fiscal year
to eligible students in the State who desire to at-
tend a summer learning opportunity offered by
an eligible entity that enters into an agreement
with the State educational agency under para-
graph (4)(A).
†
168
HR 2272 EAS
(B) AMOUNT; FEDERAL AND NON-FEDERAL
SHARES.—
(i) AMOUNT.—The amount of a sum-
mer learning grant provided under this sec-
tion shall be—
(I) for each of the fiscal years
2008 through 2011, $1,600; and
(II) for fiscal year 2012, $1,800.
(ii) FEDERAL
SHARE.—The Federal
share of each summer learning grant shall
be not more than 50 percent of the amount
of the summer learning grant determined
under clause (i).
(iii) NON-FEDERAL SHARE.—The non-
Federal share of each summer learning
grant shall be not less than 50 percent of
the amount of the summer learning grant
determined under clause (i), and shall be
provided from non-Federal sources.
(2) DESIGNATION OF SUMMER SCHOLARS.—Eli-
gible students who receive summer learning grants
under this section shall be known as ‘‘summer schol-
ars’’.
(3) SELECTION OF SUMMER LEARNING OPPOR-
TUNITY.—
†
169
HR 2272 EAS
(A) DISSEMINATION
OF
INFORMATION.—A
State educational agency that receives a grant
under subsection (c) shall disseminate informa-
tion about summer learning opportunities and
summer learning grants to the families of eligible
students in the State.
(B) APPLICATION.—The parents of an eligi-
ble student who are interested in having their
child participate in a summer learning oppor-
tunity and receive a summer learning grant
shall submit an application to the State edu-
cational agency that includes a ranked list of
preferred summer learning opportunities.
(C) PROCESS.—A State educational agency
that receives an application under subparagraph
(B) shall—
(i) process such application;
(ii) determine whether the eligible stu-
dent shall receive a summer learning grant;
(iii) coordinate the assignment of eligi-
ble students receiving summer learning
grants with summer learning opportunities;
and
(iv) if demand for a summer learning
opportunity exceeds capacity, the State edu-