I 
111TH CONGRESS 
1ST SESSION H. R. 4122 
To support high-need middle and high schools in order to improve students’ 
academic achievement, graduation rates, postsecondary readiness, and 
preparation for citizenry. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 19, 2009 
Mr. GEORGE MILLER of California (for himself, Mr. KILDEE, Mr. SCOTT of 
Virginia, Mr. HINOJOSA, Mr. GRIJALVA, Mr. LOEBSACK, Mr. DAVIS of 
Illinois, and Mr. FATTAH) introduced the following bill; which was re-
ferred to the Committee on Education and Labor 
A BILL 
To support high-need middle and high schools in order to 
improve students’ academic achievement, graduation 
rates, postsecondary readiness, and preparation for citi-
zenry. 
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 ‘‘Graduation for All 
Act’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
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(1) A high school diploma and postsecondary 
training are increasingly important for success in 
the 21st century economy. In fact, nearly 90 percent 
of the fastest-growing, highest-paying jobs require 
education beyond high school. 
(2) About 1,200,000 high school students, 
which is approximately one-third of all high school 
students, do not to graduate every year. According 
to the Department of Education, the 2009 United 
States high school graduation rate was the lowest 
the rate since 2002. 
(3) Dropouts earn less and require greater pub-
lic assistance than high school completers. Compared 
to the 11 percent of high school graduates, 25 per-
cent of dropouts were unemployed for a year or 
more between 1997 and 2001. Dropouts create an 
annual estimated cost of $24,000,000,000 to the 
public. 
(4) Only 16 percent of the Nation’s 50 largest 
school districts have a graduation rate that is equal 
to or greater than the national average. Additionally, 
the Nation’s 50 largest cities graduate about 59 per-
cent of students on time, compared to 77 percent of 
students in nearby suburban communities. 
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(5) The national graduation rate is 70 percent. 
The graduation rates for minority groups are far 
lower than that of their peers. Only 55 percent of 
Black students, 58 percent of Latino students, and 
51 percent of Native American students graduate, 
while their nonminority peers graduate at a rate of 
76 percent. And, only 56 percent of all students with 
disabilities earn diplomas. Additionally, 35 percent 
of Black students and 29 percent of Latino stu-
dents, compared to only 11 percent of White stu-
dents, attend high schools in which graduation is not 
the norm. 
(6) There is a gender gap in national gradua-
tion rates, with 72 percent of female students grad-
uating compared to 65 percent of males. This gap 
is especially large among minority groups. Only 48 
percent of African-American male students graduate, 
whereas 59 percent of African-American female stu-
dents graduate. Among Latino students, 58 percent 
of female students graduate compared to 49 percent 
of male students. 
(7) Approximately half of the Nation’s students 
who drop out of high school were previously enrolled 
in a ‘‘dropout factory’’—a school where 40 percent 
or more of the students in the freshman class have 
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dropped out by the time the students reach their 
senior year. These schools are located in nearly every 
State and disproportionately serve minority and poor 
students. 
(8) Investing in the expansion of dual enroll-
ment and early college programs can help individuals 
earn credit toward postsecondary education while si-
multaneously earning high school credit. These pro-
grams increase high school graduation rates and the 
percentage of students who complete a recognized 
postsecondary credential by the age of 26, including 
low-income students and students from other popu-
lations underrepresented in higher education. 
(9) Lack of basic skills at the end of the middle 
school grades has serious implications for students. 
Students who enter high school 2 or more years be-
hind grade level in mathematics and literacy have 
only a 50 percent chance of progressing on time to 
the tenth grade. Those students who do not progress 
on time to the tenth grade are at significant risk of 
dropping out of high school. 
(10) High school dropouts are 31⁄2 times more 
likely than high school graduates to be arrested and 
8 times more likely to be incarcerated. Nearly 70 
percent of inmates in our Nation’s prisons did not 
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earn a high school diploma. Moreover, rasing the 
high school completion rate one percent for men be-
tween ages 20 and 60 would save the United States 
$1,400,000,000 annually in crime-related costs. 
SEC. 3. PURPOSES. 
The purposes of this Act are— 
(1) to address the dropout crisis by supporting 
local educational agencies in improving the achieve-
ment, increasing the graduation rates, increasing the 
college enrollment and postsecondary persistence 
rates, and improving preparation for citizenry, of 
students attending the Nation’s lowest-performing 
high schools and their feeder middle schools; 
(2) to support comprehensive data-based school 
reforms and the creation of new schools, including 
charter schools and other innovative school models, 
such as magnet schools, to prepare students for suc-
cess in postsecondary education and 21st century ca-
reers; 
(3) to provide targeted, intensive support and 
effective interventions to reform schools with high 
dropout and low graduation rates through dropout 
prevention, college readiness, and credit recovery 
programs; and 
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(4) to conduct an extensive evaluation of reform 
efforts and disseminate the results of such efforts in 
order to ensure the success of future middle school 
and high school reform efforts. 
TITLE I—IMPROVING STUDENT 
ACADEMIC 
ACHIEVEMENT, 
GRADUATION 
RATES, 
AND 
POSTSECONDARY READINESS 
IN HIGH SCHOOLS AND MID-
DLE SCHOOLS 
SEC. 101. RESERVATION OF FUNDS; FUNDING REQUIRE-
MENT. 
(a) RESERVATION OF FUNDS.—Of the amounts ap-
propriated under section 106 to carry out this title for 
a fiscal year, the Secretary shall reserve not more than 
2 percent, not to exceed $10,000,000, for carrying out sec-
tion 105(b). 
(b) FUNDING REQUIREMENT.—In order to ensure a 
diversity of Models for Success described in section section 
103(b)(1)(B), and to provide sufficient examples for the 
carried out evaluation under section 105(b), the Secretary 
shall ensure that during each 3-year grant cycle, by the 
end of each 3rd fiscal year for which funds have been ap-
propriated to carry out this title— 
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(1) not less than 15 percent of the total number 
of eligible entities receiving grant funds under this 
title use such funds to carry out the transformation 
model described in section 103(b)(1)(B)(i) in at 
least one eligible middle school or eligible high 
school; 
(2) not less than 15 percent of the total number 
of eligible entities receiving grant funds under this 
title use such funds to carry out the turnaround 
model described in section 103(b)(1)(B)(ii) in at 
least one eligible middle school or eligible high 
school; 
(3) not less than 15 percent of the total number 
of eligible entities receiving grant funds under this 
title use such funds to carry out the restart model 
described in section 103(b)(1)(B)(iii) in at least one 
eligible middle school or eligible high school; and 
(4) not less than 15 percent of the total number 
of eligible entities receiving grant funds under this 
title use such funds to carry out the close-down 
model described in section 103(b)(1)(B)(iv) in at 
least one eligible middle school or eligible high 
school. 
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SEC. 102. GRANTS AUTHORIZED. 
(a) GRANTS AUTHORIZED.—From the amount re-
maining after making the reservation described in section 
101(a), the Secretary shall award grants, on a competitive 
basis, to eligible entities to improve student academic 
achievement, graduation rates, and postsecondary readi-
ness in participating middle schools and participating high 
schools in such eligible entities by carrying out the activi-
ties described in section 103. 
(b) GRANT PERIOD.—A grant under this title— 
(1) shall be awarded to an eligible entity for a 
3-year period; and 
(2) subject to subsection (e)(2), may be renew-
able for an additional 3-year period if the Secretary 
determines that the eligible entity has, by the end of 
the first 3-year grant period, effectively improved 
student achievement, graduation rates, and postsec-
ondary school readiness in participating middle 
schools and participating high schools by, at a min-
imum— 
(A) dramatically increasing the graduation 
rate in participating high schools in the aggre-
gate and disaggregated for subgroups in the 
same 
manner 
as 
described 
in 
section 
1111(b)(2)(C)(II) of the Elementary and Sec-
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ondary Education Act of 1965 (20 U.S.C. 
6311(6)(2)(C)(II)); 
(B) dramatically increasing the percentage 
of students who attend at least 90 percent of 
the schools days in a school year in partici-
pating high schools or participating middle 
schools; 
(C) dramatically increasing the percentage 
of students passing math and English courses 
in participating middle schools; 
(D) dramatically increasing the percentage 
of students passing all courses required for 
graduation from secondary school; and 
(E) meeting the graduation goals estab-
lished in section 104(a)(5). 
(c) FEDERAL SHARE, NON-FEDERAL SHARE.— 
(1) FEDERAL SHARE.—The Federal share of a 
grant under this title shall be not more than 75 per-
cent of the costs of the activities assisted under the 
grant. 
(2) NON-FEDERAL SHARE.— 
(A) IN GENERAL.—The non-Federal share 
of a grant under this title shall be not less than 
25 percent of the costs of the activities assisted 
under the grant. 
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(B) IN-KIND CONTRIBUTIONS.—An eligible 
entity may use in-kind contributions to meet 
the non-Federal share requirement described in 
subparagraph (A). 
(3) WAIVER.—The Secretary may reduce the 
amount of the non-Federal share of an eligible entity 
if the eligible entity demonstrates to the Secretary 
that such funds are unavailable due to economic 
hardship, as defined by the Secretary. 
(d) SUPPLEMENT, NO SUPPLANT.—An eligible entity 
that receives a grant under this title shall use the grant 
funds to supplement, and not supplant, other Federal and 
non-Federal funds available to eligible middle schools and 
eligible high schools. 
(e) MAINTENANCE OF EFFORT.— 
(1) IN GENERAL.—A local educational agency 
may receive funds under this title for any fiscal year 
only if the State educational agency finds that either 
the combined fiscal effort per student or the aggre-
gate expenditures of that agency and the State with 
respect to the provision of free public education by 
that agency for the preceding fiscal year was not 
less than 90 percent of such combined fiscal effort 
or aggregate expenditures for the second preceding 
fiscal year. 
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(2) RENEWAL.—In the case of a grant that is 
renewed in accordance with subsection (b)(2), the 
Secretary shall make a grant payment for each year 
of the renewal only if a State demonstrates, to the 
satisfaction of the Secretary, that the State has the 
met the maintenance of effort requirement described 
in paragraph (1). 
(3) FINANCIAL HARDSHIP WAIVER.—A State or 
eligible entity may apply to the Secretary for a waiv-
er of, and the Secretary may waive, the require-
ments of this subsection if the State is experiencing 
a financial hardship. 
SEC. 103. USES OF FUNDS. 
(a) IN GENERAL.—An eligible entity receiving a 
grant under this title shall use the funds made available 
under the grant to improve the academic achievement, 
graduation rates, postsecondary readiness, and postsec-
ondary enrollment of students enrolled in each partici-
pating middle school and participating high school in the 
eligible entity by carrying out the activities described in 
subsection (b). 
(b) ACTIVITIES.—An eligible entity shall carry out 
the following activities: 
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(1) Implementing, for each participating middle 
school and participating high school in the eligible 
entity— 
(A) an Early Warning System (as defined 
in section 401(8)); and 
(B) a Model for Success that uses evi-
dence-based strategies and materials to provide 
rigorous and relevant curricula and instruction 
to personalize the secondary school experience 
and improve school climate, which is selected by 
the eligible entity for each such school from 
among the following models: 
(i) 
TRANSFORMATION
MODEL.—A 
‘‘transformation model’’ means a model 
that includes— 
(I) evidence based strategies and 
materials to provide rigorous relevant 
curricula and instruction; and 
(II) increasing teacher and school 
leader effectiveness by implementing 
on-site professional development ac-
tivities, such as mentoring and induc-
tion programs for new teachers and 
career-ladder opportunities for all 
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teachers, that respond to student and 
schoolwide needs. 
(ii) TURNAROUND MODEL.—A ‘‘turn-
around model’’ means a model that in-
cludes— 
(I) evidence based strategies and 
materials to provide rigorous relevant 
curricula and instruction; 
(II) replacing the principal, in 
cases in which student achievement 
has declined during the history of the 
principal’s tenure, with a new prin-
cipal; and 
(III) reassigning or replacing 
each of the teachers who are assigned 
to teach subjects for which they do 
not have subject-matter expertise, or 
are not highly-qualified, with teachers 
who have subject-matter expertise in 
each subject that they teach and are 
highly-qualified. 
(iii) RESTART
MODEL.—A ‘‘restart 
model’’ means a model under which the eli-
gible entity closes a school and reopens it 
under a school management organization 
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or charter management organization that 
will— 
(I) provide new leadership, new 
staff, new instructional programs; and 
(II) allow all students who were 
enrolled in the school prior to its clo-
sure to enroll in the school when it re-
opens. 
(iv) CLOSE-DOWN MODEL.—A ‘‘close- 
down model’’ means a model— 
(I) under which a school is closed 
and students are re-enrolled in other, 
higher-achieving schools (which may 
include 
new 
schools 
or 
charter 
schools) under the jurisdiction of the 
eligible entity; and 
(II) that allows school employees 
who were employed at the school that 
has been closed to re-apply for posi-
tions in the new schools. 
(2) Monitoring and supporting each Graduation 
Improvement Team serving a participating middle 
school or participating high school in the eligible en-
tity in carrying out the activities described in section 
104(a)(3)(A). 
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(3) Providing school leadership teams, including 
the principal at each participating middle school and 
participating high school, with more operating flexi-
bility with respect to staffing, evaluation, leadership 
structure, program, budget, scheduling, and use of 
school-time decisions. 
(4) Providing academically rigorous education 
options that lead to a diploma consistent with readi-
ness for postsecondary education based on an anal-
ysis of the data available under the Early Warning 
Data System, and are designed to meet the stu-
dents’ needs, such as effective research-based drop-
out prevention, credit and dropout recovery, and re-
cuperation education programs for students who are 
not making sufficient program towards graduation 
or who have dropped out. 
(5) Providing information and assistance about 
requirements for high school graduation, college ad-
mission, college financial assistance programs, and 
college and career success for all students enrolled in 
each such school, including— 
(A) assistance in completing the FAFSA 
(as referred to in section 483 of the Higher 
Education Act (20 U.S.C. 1090)); 
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(B) information about Federal student aid 
programs for which students may be eligible, in-
cluding Federal student loans, Federal Pell 
grants, and Federal work study programs avail-
able pursuant to title IV of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1070 et seq.); 
and 
(C) promotion of existing guidance re-
sources with respect to such Federal student 
aid programs available to students and families. 
(6) Engaging parents and community partners 
around school improvement activities carried out 
under this section and providing parents with the 
tools to navigate, support, and influence their chil-
dren’s academic career and choices. 
(7) Assisting participating middle schools and 
participating high schools with costs associated with 
the implementation of the programs described in 
paragraph (4), including transportation costs and, in 
the case of a school in which the eligible entity has 
carried out a close-down model, other costs associ-
ated with providing extra supports to students who 
are re-enrolled in higher-achieving schools in the eli-
gible entity pursuant to such model. 
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(c) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to alter or otherwise affect the 
rights, remedies, and procedures afforded school or dis-
trict employees under Federal, State, or local laws (includ-
ing applicable regulations or court orders) or under the 
terms of collective bargaining agreements, memoranda of 
understanding or other agreements between such employ-
ees and their employers. 
SEC. 104. APPLICATION; APPLICATION REVIEW AND AWARD 
BASIS. 
(a) APPLICATION.—An eligible entity desiring a grant 
under this title shall submit an application to the Sec-
retary at such time, in such manner, and containing such 
information as the Secretary may require. The application 
shall, at a minimum, include the following information: 
(1) IDENTIFICATION OF SCHOOLS.—An identi-
fication— 
(A) of the eligible high schools and the eli-
gible middle schools under the jurisdiction of 
the eligible entity; and 
(B) of the high schools and feeder middle 
schools of such high schools identified pursuant 
to subparagraph (A) that will be served by the 
grant awarded to the eligible entity. 
(2) NEEDS ANALYSIS.— 
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(A) IN GENERAL.—An assurance that the 
eligible entity will conduct a needs analysis de-
scribed in subparagraph (B) for each partici-
pating middle school and participating high 
school to assist the entity in determining which 
Model 
of 
Success 
described 
in 
section 
103(b)(1)(B) to carry out in each such school. 
(B) DESCRIPTION.—A needs analysis de-
scribed in this subparagraph shall include— 
(i) an analysis of the needs of the stu-
dent population in a school, including— 
(I) a determination of the num-
ber of students that are not meeting 
the State’s proficient level of academic 
achievement on the State assessments 
under section 1111(b)(3) of the Ele-
mentary and Secondary Education 
Act of 1965 (20 U.S.C. 6311(b)(3)) 
and an identification of the academic 
subjects and grade levels in which the 
students are failing to meet such level 
of academic achievement; and 
(II) the specific needs of students 
facing significant barriers to high 
school graduation, such as students 
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with limited English proficiency, stu-
dents with disabilities, students who 
are homeless children and youths, stu-
dents who are foster care or are aging 
out of the foster care system, or other 
disconnected students; 
(ii) an analysis of the number, experi-
ence, training level, responsibilities, and re-
tention rates of existing administrative, in-
structional, and noninstructional staff for 
a school; 
(iii) in determining which Model of 
Success may be the most practical to carry 
out in a school— 
(I) a review of the school’s budg-
et, including how Federal, State, and 
local funds are being spent, as of the 
time of the analysis, for instruction 
and operations at the school level for 
staff salaries, instructional materials, 
professional development, and student 
support services, in order to establish 
the extent to which existing resources 
need to, and can be reallocated, or 
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better coordinated, with activities to 
improve the school; 
(II) a review of the additional re-
sources and staff necessary to imple-
ment, at the school, the activities 
identified under a Model for Success; 
and 
(III) an analysis of the capacity 
of the eligible entity to provide tech-
nical assistance, additional staff, and 
resources to implement activities iden-
tified under a Model for Success; and 
(iv) a comparison of the ratio of high-
ly-qualified teachers with subject matter 
expertise in the subjects they teach in eligi-
ble middle schools and eligible high schools 
served by the eligible entity, compared to 
the highest-achieving schools served by the 
eligible entity. 
(3) SELECTION OF MODELS OF SUCCESS.—A 
selection of a Model of Success described in section 
103(b)(1)(B) for each participating middle school 
and participating high school that is made after con-
ducting a needs analysis described in paragraph (2). 
(4) GRADUATION IMPROVEMENT TEAM.— 
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(A) IN GENERAL.—An assurance that the 
eligible entity will establish, for each partici-
pating middle school and participating high 
school in which the entity will carry out a 
Model of Success described in clause (i), (ii), or 
(iii) of section 103(b), a Graduation Improve-
ment Team described in subparagraph (B) that, 
with respect to each such school— 
(i) assists the eligible entity in— 
(I) implementing such Models; 
and 
(II) maintaining the Early Warn-
ing System (as defined in section 
401(8)) and identifying and imple-
menting 
the 
necessary 
evidenced- 
based interventions under the inter-
vention component of such system; 
and 
(ii) provides consultation to the eligi-
ble entity in carrying out the activities de-
scribed in section 103. 
(B) MEMBERS.—A Graduation Improve-
ment Team— 
(i) shall include— 
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(I) a principal or school leader 
from the participating middle school 
or participating high school; 
(II) at least 2 teachers rep-
resenting different grade levels or dis-
ciplines from the participating middle 
school or participating high school; 
(III) 
specialized 
instructional 
services personnel; 
(IV) staff of the eligible entity; 
and 
(V) a representative from a tech-
nical assistance provider or a non-
profit organization with demonstrated 
expertise in analyzing performance 
data and a demonstrated record of 
success— 
(aa) in improving student 
achievement or graduation or col-
lege enrollment rates; 
(bb) restructuring low-per-
forming middle schools or high 
schools; and 
(cc) in carrying out activities 
relative to the needs of the stu-
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dent population (including needs 
related to linguistic and cultural 
diversity, varied learning styles, 
and youth facing significant ob-
stacles to graduation) in the par-
ticipating middle school or par-
ticipating high school; 
(VI) a representative from a 
school 
management 
organization, 
which may include charter manage-
ment organizations; 
(VII) a representative from a 
teacher organization; and 
(VIII) one individual from among 
each of the following community rep-
resentatives— 
(aa) parents, including par-
ents of students at-risk of drop-
ping out of the participating 
school; and 
(bb) nonprofit organizations 
serving young people (such as 
those that provide behavioral or 
mental health services, job train-
ing and apprenticeship programs, 
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job 
placement 
and 
retention 
training, education and after 
school programs, mentoring pro-
grams, conflict resolution, sports, 
arts, life skills, or supports for 
youth who have dropped out of 
school, are at risk of dropping 
out, or demonstrate chronic tru-
ancy); and 
(ii) 
may 
include 
representatives 
from— 
(I) the State educational agency 
serving the eligible entity; 
(II) philanthropic organizations; 
(III) the business community; 
(IV) an institution of higher edu-
cation; and 
(V) a county, city, or other local 
unit of government. 
(5) EARLY WARNING SYSTEM.—Provide an as-
surance that the eligible entity will, for each partici-
pating middle school and participating high school, 
establish and, in consultation with each Graduation 
Improvement Team at each such school, if applica-
ble, maintain an Early Warning System (as defined 
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in section 401(8)) and identify and implement nec-
essary evidenced-based interventions under the inter-
vention component of such system. 
(6) ENSURING EQUITY IN TEACHER DISTRIBU-
TION.— 
(A) INTEGRATION WITH STATE TEACHER 
EQUITY PLAN.—Demonstrate how each partici-
pating middle school and participating high 
school in the eligible entity and the implementa-
tion of the Model of Success selected for each 
such school will meet the requirements of the 
State Plan of the State in which the eligible en-
tity 
is 
located 
described 
in 
section 
1111(b)(8)(C) of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 
6311(b)(8)(C)) to ensure that low-income and 
minority children are not taught at higher rates 
than other children by out-of-field, inexperi-
enced, or unqualified teachers. 
(B) INTEGRATION WITH AMERICAN RECOV-
ERY AND REINVESTMENT ACT TEACHER EQUITY 
ASSURANCE.—Demonstrate how each partici-
pating middle school and participating high 
school in the eligible entity and the implementa-
tion of the Model of Success selected for each 
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such school will meet the requirements of the 
State assurance provided by the State in which 
the eligible entity is located pursuant to section 
14005(d)(2) of the American Recovery and Re-
investment Act of 2009 (Public Law 111–5) 
to— 
(i) take actions to improve teacher ef-
fectiveness; 
(ii) address inequities in the distribu-
tion of highly qualified teachers between 
high- and low-poverty schools; and 
(iii) ensure that low-income and mi-
nority children are not taught at higher 
rates than other children by inexperienced, 
unqualified, or out-of-field teachers. 
(C) TEACHER
EQUITY
FOR
STUDENTS 
WITH
DISABILITIES.—Demonstrate how each 
participating middle school and participating 
high school and the implementation of the 
Model of Success selected for each such school 
will ensure that students with disabilities are 
not taught at higher rates than other children 
by inexperienced, unqualified, or out-of-field 
teachers. 
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(7) SUSTAINABLE RESOURCES AND SUPPORT.— 
Demonstrate that the eligible entity has the re-
sources and support to sustain and further improve 
student achievement and graduation rates following 
the completion of the 3-year grant period. 
(8) GRADUATION RATE GOALS.—Provide ambi-
tious goals, as defined by the Secretary, for gradua-
tion rate improvement for the students in the sub-
groups described in section 1111(b)(2)(C)(II) of the 
Elementary and Secondary Education Act of 1965 
(20 U.S.C. 6311(6)(2)(C)(II)) at each participating 
high school. 
(b) APPLICATION REVIEW AND RENEWAL.—The Sec-
retary shall— 
(1) establish a peer review process to assist in 
the review of the grant applications and approval of 
the grants under this title; 
(2) appoint to the peer review team— 
(A) individuals who are educators or ex-
perts in— 
(i) innovative education models; 
(ii) secondary school reform; 
(iii) school accountability; 
(iv) postsecondary education prepara-
tion and access; and 
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(v) workforce preparation; and 
(B) not less than 1 parent or community 
representative; and 
(3) ensure that each grant award is of suffi-
cient size and scope to carry out the activities pro-
posed in the grant application, including the evalua-
tion required under section 105(c). 
(c) AWARD BASIS.—In awarding grants under this 
title the Secretary shall ensure a diversity of grant awards 
to eligible entities in both urban and rural areas and 
prioritize applications from— 
(1) eligible entities serving eligible high schools 
with the lowest graduation rates in the State in 
which the eligible entity is located; 
(2) eligible entities serving eligible middle 
schools and eligible high schools and with the high-
est poverty rates in the State in which the eligible 
entity is located; 
(3) eligible entities that demonstrate support 
for grants awarded under this title from— 
(A) key stake holders (including the local 
teachers’ union); 
(B) the charter school authorizers of the 
State in which the eligible entity is located; and 
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(C) other State and local leaders (which 
may include leaders of civil rights, business, 
and education associations); 
(4) eligible entities that partner with an exter-
nal assistance organization with a demonstrated 
record of success with respect to the needs of the 
student population; and 
(5) eligible entities serving geographic areas, in-
cluding rural and urban areas, with significant eco-
nomic distress, as defined by the Secretary. 
SEC. 105. EVALUATION AND REPORTING. 
(a) REPORTING.—Each eligible entity receiving a 
grant under this title shall collect and report annually to 
the Secretary such information on the results of the activi-
ties assisted under the grant as the Secretary may reason-
ably require, including information (disaggregated in the 
same manner as described in section 1111(h)(1)(C)(i) of 
the Elementary and Secondary Education Act of 1965 (20 
U.S.C. 6311(h)(1)(C)(i), and cross-tabulated by race, eth-
nicity, and gender)) on— 
(1) the number and percentage of students 
served, by grade level; 
(2) with respect to each participating middle 
school and participating high school in the eligible 
entity— 
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(A) academic achievement data, including 
the percentage of students scoring advanced 
proficient, basic, and below basic on the State 
assessments described in section 1111(b)(3) of 
the Elementary and Secondary Education Act 
of 1965 (20 U.S.C. 6311(b)(3)); 
(B) high school graduation rate data; 
(C) the percentage of students— 
(i) enrolled in Advanced Placement 
courses; and 
(ii) who passed Advanced Placement 
exams; 
(D) college enrollment rate data; 
(E) postsecondary persistence rate data; 
and 
(F) the percentage of core courses taught 
by teachers with subject matter expertise in 
such courses. 
(b) EVALUATION; BEST PRACTICES.— 
(1) IN
GENERAL.—From amounts reserved 
under section 101(a), the Secretary shall enter into 
a contract with an outside evaluator to carry out the 
following: 
(A) EVALUATION.— 
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(i) IN GENERAL.—Conducting a com-
prehensive evaluation at the end of the 3rd 
fiscal year that funds are appropriated to 
carry out this title on the effectiveness of 
all grants awarded to eligible entities 
under this title, including a comparison of 
the data on student achievement described 
in clause (ii) among participating middle 
schools and participating high schools in 
which the eligible entities carried out a 
Model of Success described in— 
(I) section 103(b)(1)(B)(i); 
(II) section 103(b)(1)(B)(ii); 
(III) 
section 
103(b)(1)(B)(iii); 
and 
(IV) section 103(b)(1)(B)(iv). 
(ii) DATA.—The data on student 
achievement described in this clause shall 
include— 
(I) student academic achievement 
data; 
(II) high school graduation rate 
data; 
(III) college enrollment rate data; 
and 
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(IV) postsecondary persistence 
rate data. 
(B) BEST PRACTICES.—Disseminating best 
practices in improving the achievement of mid-
dle school and high school students. 
(C) TECHNICAL
ASSISTANCE.—Providing 
technical assistance to eligible entities that re-
ceive a grant under this title. 
(2) PEER REVIEW.— 
(A) IN GENERAL.—An evaluator receiving 
a contract under this subsection shall— 
(i) establish a peer-review process to 
assist in the review and approval of the 
evaluations conducted under this sub-
section; and 
(ii) appoint individuals to the peer-re-
view process who are— 
(I) educators and experts in— 
(aa) research and evalua-
tion; and 
(bb) the areas of expertise 
described 
in 
section 
section 
104(b)(2)(A); and 
(II) independent of the eligible 
entities that receive grants under this 
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title and the Graduation Improvement 
Teams served by such grants. 
(B) RESTRICTIONS
ON
USE.—The Sec-
retary shall not distribute or use the results of 
any evaluation described in paragraph (1)(A) 
until the results are peer-reviewed in accord-
ance with subparagraph (A). 
SEC. 106. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to carry out 
this title, $2,000,000,000 for fiscal year 2011, and such 
sums as may be necessary for each of the 5 succeeding 
fiscal years. 
TITLE II—FAST TRACK TO COL-
LEGE DEMONSTRATION PRO-
GRAM 
SEC. 201. SHORT TITLE. 
This title may be cited as the ‘‘Fast Track to College 
Act of 2009’’. 
SEC. 202. PURPOSE. 
The purpose of this title is to increase high school 
graduation rates and the percentage of students, including 
low-income students and students from populations under-
represented in higher education, who complete a recog-
nized postsecondary credential by the age of 26. 
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SEC. 203. ELIGIBLE ENTITY. 
In this title, the term ‘‘eligible entity’’ means a local 
educational agency— 
(1) that is— 
(A) eligible for funding under section 1125 
of the Elementary and Secondary Education 
Act of 1965; or 
(B) a Bureau-funded school; and 
(2) that partners with an institution of higher 
education to establish, or support an existing, early 
college high school or dual enrollment program. 
SEC. 204. AUTHORIZATION OF APPROPRIATIONS; RESERVA-
TIONS. 
(a) AUTHORIZATION OF APPROPRIATIONS.—To carry 
out this title, there are authorized to be appropriated 
$150,000,000 for fiscal year 2011 and such sums as may 
be necessary for each of the 5 succeeding fiscal years. 
(b) RESERVATIONS.—Of the amount appropriated 
under subsection (a) for a fiscal year, the Secretary shall 
reserve— 
(1) at least 40 percent to award grants to eligi-
ble entities that establish a new, or support an exist-
ing, early college high school in accordance with sec-
tion 206; 
(2) at least 40 percent to award grants to eligi-
ble entities that establish a new, or support an exist-
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ing, dual enrollment program in accordance with 
section 206; and 
(3) not more than 5 percent for the purpose of 
conducting the national evaluation and providing 
technical assistance activities to grant recipients 
under sections 209(d) and 209(e). 
SEC. 205. AUTHORIZED PROGRAM. 
(a) IN GENERAL.—From the amount appropriated 
under section 204(a), the Secretary is authorized to award 
6-year grants to eligible entities seeking to establish a new, 
or support an existing, early college high school or dual 
enrollment program in accordance with section 206. 
(b) GRANT AMOUNT.— 
(1) IN GENERAL.—Subject to paragraph (1), 
the Secretary shall ensure that grants are of suffi-
cient size to enable grantees to— 
(A) carry out all required activities de-
scribed in section 106(a); and 
(B) otherwise meet the purpose of this 
title. 
(2) LIMITATION.—The amount of a grant 
awarded 
under 
this 
title 
shall 
not 
exceed 
$2,000,000. 
(c) MATCHING REQUIREMENT.— 
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(1) IN GENERAL.—To be eligible to receive a 
grant under this title, an eligible entity shall con-
tribute non-Federal matching funds toward the costs 
of the early college high school or dual enrollment 
program to be supported under the grant in an 
amount equal to not less than the applicable percent 
of the amount of the grant. 
(2) APPLICABLE PERCENTAGE.—For purposes 
of paragraph (1), the applicable percentage means— 
(A) 20 percent in the first fiscal year of 
the grant; 
(B) 20 percent in the second fiscal year of 
the grant; 
(C) 30 percent in the third fiscal year of 
the grant; 
(D) 30 percent in the fourth fiscal year of 
the grant; 
(E) 40 percent in the fifth fiscal year of 
the grant; and 
(F) 50 percent in the sixth fiscal year of 
the grant. 
(3) DETERMINATION
OF
AMOUNT
CONTRIB-
UTED.—The non-Federal share may be in cash or in 
kind. 
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(4) WAIVER.—The Secretary may waive or re-
duce the amount of the non-Federal share of an eli-
gible entity if the eligible entity demonstrates ex-
treme economic distress, as determined by the Sec-
retary. 
(d) SUPPLEMENT, NOT SUPPLANT.—An eligible enti-
ty shall use a grant received under this title only to supple-
ment, and not supplant, non-Federal funds that would, in 
the absence of such grant, be made available to support 
the activities described in the eligible entity’s application 
under section 207. 
(e) PRIORITY.—In awarding grants under this sec-
tion, the Secretary shall give priority to applicants— 
(1) receiving a grant under title I of this Act; 
and 
(2) whose applications demonstrate that they 
will use the grant funds received under this title to 
serve geographic areas with severe economic distress, 
as determined by the Secretary. 
SEC. 206. USES OF FUNDS. 
(a) REQUIRED ACTIVITIES.—An eligible entity shall 
use grant funds received under this title to support the 
activities described in its application under section 207, 
which shall include the following: 
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(1) PLANNING YEAR.—In the case of an eligible 
entity establishing a new early college high school or 
dual enrollment program, during the first year of 
the grant, the eligible entity shall use the grant 
funds to— 
(A) hire a principal and staff, as appro-
priate; 
(B) design the curriculum and sequence of 
courses in collaboration with (at a minimum) 
teachers from the local educational agency and 
faculty from the partner institution of higher 
education; 
(C) inform parents and the community 
about the school or program and opportunities 
to become actively involved in the school or pro-
gram; 
(D) establishing a course articulation proc-
ess for defining and approving courses for high 
school and college credit; 
(E) outreach programs to ensure that mid-
dle school and high school students and their 
families are aware of the early college high 
school or dual enrollment program; 
(F) liaison activities among partners in the 
eligible entity; and 
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(G) coordinating secondary and postsec-
ondary support services, academic calendars, 
and transportation. 
(2) IMPLEMENTATION PERIOD.—During the re-
mainder of the grant period, the eligible entity shall 
use grant funds for— 
(A) academic and social support services, 
including counseling; 
(B) liaison activities among partners in the 
eligible entity; 
(C) data collection and use of such data 
for student and instructional improvement and 
program evaluation; 
(D) outreach programs to ensure that mid-
dle school and high school students and their 
families are aware of the early college high 
school or dual enrollment program; 
(E) professional development, including 
joint professional development for secondary 
school and faculty from the institution of higher 
education; and 
(F) school or program design and planning 
team activities, including curriculum develop-
ment. 
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(b) ALLOWABLE ACTIVITIES.—An eligible entity may 
use grant funds received under this title to support the 
activities described in its application under section 207, 
including— 
(1) purchasing textbooks and equipment that 
support the school or program’s curriculum; 
(2) developing learning opportunities for stu-
dents that complement classroom experiences, such 
as internships, career-based capstone projects, and 
opportunities provided under subpart 2 of part A of 
title IV of the Higher Education Act of 1965 (20 
U.S.C. 1070a–11 et seq.); 
(3) transportation; and 
(4) planning time for high school and college 
educators to collaborate. 
SEC. 207. APPLICATION. 
(a) IN GENERAL.—To receive a grant under this title, 
an eligible entity shall submit to the Secretary an applica-
tion at such time, in such manner, and including such in-
formation as the Secretary determines to be appropriate. 
(b) CONTENTS OF APPLICATION.—At a minimum, an 
application described in subsection (a) shall include a de-
scription of— 
(1) the early college high school’s or other dual 
enrollment program’s budget; 
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(2) each partner in the eligible entity and its 
experience with early college high schools or other 
dual enrollment programs, including key personnel 
from each partner and their responsibilities for the 
early college high school or dual enrollment program; 
(3) how the eligible entity will work with sec-
ondary and postsecondary teachers, other public and 
private entities, community-based organizations, 
businesses, labor organizations, and parents to en-
sure that students will be prepared to succeed in 
postsecondary education and employment, which 
may include the development of an advisory board; 
(4) how the eligible entity will target and re-
cruit at-risk youth, including those at risk of drop-
ping out of school, first generation college students, 
and students from populations described in section 
1111(b)(2)(C)(v)(II) of the Elementary and Sec-
ondary 
Education 
Act 
of 
1965 
(20 
U.S.C. 
6311(b)(2)(C)(v)(II)); 
(5) a system of student supports including, but 
not limited to, small group activities, tutoring, lit-
eracy and numeracy skill development in all aca-
demic disciplines, parental and community outreach 
and engagement, extended learning time, and college 
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readiness activities, such as early college academic 
seminars and counseling; 
(6) in the case of an early college high school, 
how a graduation and career plan will be developed, 
consistent with State graduation requirements, for 
each student and reviewed each semester; 
(7) how parents or guardians of dually enrolled 
students will be informed of their academic perform-
ance and progress and, subject to paragraph (5), in-
volved in the development of their career and grad-
uation plan; 
(8) coordination that will occur between an in-
stitution of higher education and the local edu-
cational agency, including regarding academic cal-
endars, provision of student services, curriculum de-
velopment, and professional development; 
(9) how the eligible entity will ensure that 
teachers in the early college high school or other 
dual enrollment program receive appropriate profes-
sional development and other supports, including to 
enable them to utilize effective parent and commu-
nity engagement strategies, and help English-lan-
guage learners, students with disabilities, and stu-
dents from diverse cultural backgrounds to succeed; 
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(10) learning opportunities for students that 
complement classroom experiences, such as intern-
ships, career-based capstone projects, and opportuni-
ties provided under subpart 2 of part A of title IV 
of the Higher Education Act of 1965 (20 U.S.C. 
1070a–11 et seq.); 
(11) how policies, agreements, and courses 
taken will ensure that postsecondary credits earned 
will be transferable to, at a minimum, public institu-
tions of higher education within the State, consistent 
with existing statewide articulation agreements; 
(12) student assessments and other measure-
ments of student achievement including benchmarks 
for student achievement; 
(13) outreach programs to provide elementary 
and secondary school students, especially those in 
middle grades, and their parents, teachers, school 
counselors, and principals information about and 
academic preparation for the early college high 
school or other dual enrollment program; 
(14) how the local educational agency and insti-
tution of higher education will work together, as ap-
propriate, to collect and use data for student and in-
structional improvement and program evaluation; 
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(15) how the eligible entity will help students 
meet eligibility criteria for postsecondary courses 
and ensure that students understand how their cred-
its will transfer; and 
(16) how the eligible entity will access and le-
verage additional resources necessary to sustain the 
early college high school or other dual enrollment 
program after the grant expires, including by engag-
ing businesses and non-profit organizations. 
(c) ASSURANCES.—An eligible entity’s application 
under subsection (a) shall include assurances that— 
(1) in the case of an early college high school, 
the majority of courses offered, including of postsec-
ondary courses, will be offered at facilities of an in-
stitution of higher education; 
(2) students will not be required to pay tuition 
or fees for postsecondary courses; 
(3) postsecondary credits earned will be tran-
scribed upon completion of the requisite course 
work; and 
(4) faculty teaching postsecondary courses meet 
the normal standards for faculty established by the 
institution of higher education. 
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(d) WAIVER.—The Secretary may waive the require-
ment of subsection (c)(1) upon a showing that it is im-
practical to apply due to geographic considerations. 
SEC. 208. PEER REVIEW. 
(a) PEER REVIEW
OF APPLICATIONS.—The Sec-
retary shall establish peer review panels to review applica-
tions submitted pursuant to section 206 to advise the Sec-
retary regarding such applications. 
(b) COMPOSITION OF PEER REVIEW PANELS.—The 
Secretary shall ensure that each peer review panel is not 
comprised wholly of full-time officers or employees of the 
Federal Government and includes, at a minimum— 
(1) experts in the establishment and adminis-
tration of early college high schools or other dual en-
rollment programs from the secondary and postsec-
ondary perspective; 
(2) faculty at institutions of higher education 
and secondary school teachers with expertise in dual 
enrollment; and 
(3) experts in the education of at-risk students. 
SEC. 209. REPORTING AND OVERSIGHT. 
(a) REPORTING BY GRANTEES.— 
(1) IN GENERAL.—The Secretary shall establish 
uniform guidelines for eligible entities receiving a 
grant under this title concerning information such 
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entities shall annually report to the Secretary to 
demonstrate the progress of the entity toward 
achieving the goals of this title. 
(2) CONTENTS OF REPORT.—At a minimum, 
the report described in paragraph (1) shall include, 
with respect to all students enrolled in the early col-
lege high school or dual enrollment program of each 
eligible entity receiving a grant under this title, the 
following information (disaggregated in the same 
manner as described in section 1111(h)(1)(C)(i) of 
the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 6311(h)(1)(C)(i))): 
(A) The number of students enrolled in the 
early college high school or dual enrollment pro-
gram. 
(B) The percentage of students scoring ad-
vanced, proficient, basic, and below basic on the 
assessments described in section 1111(b)(3) of 
the Elementary and Secondary Education Act 
of 1965 (20 U.S.C. 6311(b)(3)). 
(C) The performance on other assessments 
or measurements of achievement. 
(D) The number of secondary school cred-
its earned. 
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(E) The number of postsecondary credits 
earned by such students. 
(F) The attendance rate, as appropriate. 
(G) Graduation rate. 
(H) Placement in postsecondary education 
or advanced training, in military service, and in 
employment. 
(I) A description of the school or pro-
gram’s student, parent, and community out-
reach and engagement. 
(b) REPORTING BY SECRETARY.—The Secretary an-
nually shall compile and analyze the information described 
in subsection (a) and shall submit a report containing such 
analysis to the Committee on Health, Education, Labor, 
and Pensions of the Senate and the Committee on Edu-
cation and Labor of the House of Representatives. The 
report shall include identification of best practices for 
achieving the goals of this title. 
(c) MONITORING VISITS.—The Secretary’s designee 
shall visit each grantee at least once for the purpose of 
helping the grantee achieve the goals of this title and to 
monitor the grantee’s progress toward achieving such 
goals. 
(d) NATIONAL
EVALUATION.—Not later than 6 
months after the date on which funds are appropriated 
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to carry out this title, the Secretary shall enter into a con-
tract with an independent organization to perform an eval-
uation of the grants awarded under this title. Such evalua-
tion shall apply rigorous procedures to obtain valid and 
reliable data concerning participants’ outcomes by social 
and academic characteristics and monitor the progress of 
students from high school to and through postsecondary 
education. 
(e) TECHNICAL ASSISTANCE.—The Secretary shall 
provide technical assistance to eligible entities concerning 
best practices in early college high schools and dual enroll-
ment programs and shall disseminate such best practices 
among eligible entities and State and local educational 
agencies. Amounts retained by the Secretary for technical 
assistance shall be used to make grants to, or contracts 
with, public or nonprofit agencies and organizations with 
expertise in supporting the development and implementa-
tion of statewide or national duel enrollment programs or 
early college programs. 
SEC. 210. RULES OF CONSTRUCTION. 
(a) EMPLOYEES.—Nothing in this title shall be con-
strued to alter or otherwise affect the rights, remedies, 
and procedures afforded to the employees of local edu-
cational agencies (including schools) or institutions of 
higher education under Federal, State, or local laws (in-
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cluding applicable regulations or court orders) or under 
the terms of collective bargaining agreements, memoranda 
of understanding, or other agreements between such em-
ployees and their employers. 
(b) GRADUATION RATE.—A student who graduates 
from an early college high school supported under this title 
in the standard number of years for graduation described 
in the eligible entity’s application shall be considered to 
have graduated on time for purposes of section 
1111(b)(2)(C)(6) of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 6311(b)(2)(C)(6)). 
TITLE III—SHARING WHAT 
WORKS IN MIDDLE GRADES 
SEC. 301. PURPOSE. 
The purpose of this title is to facilitate the genera-
tion, dissemination, and application of research needed to 
identify and implement effective practices that lead to con-
tinual student learning and high academic achievement in 
the middle grades. 
SEC. 302. RESEARCH RECOMMENDATIONS. 
(a) STUDY ON PROMISING PRACTICES.— 
(1) IN GENERAL.—Not later than 60 days after 
the date of enactment of this Act, the Secretary 
shall enter into a contract with the Center for Edu-
cation of the National Academies to study and iden-
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(I) with respect to individual stu-
dents; 
(II) with respect to students in 
the aggregate; and 
(III) that is disaggregated by all 
the demographic subgroups of stu-
dents 
described 
in 
section 
1111(h)(1)(C)(i) of the Elementary 
and Secondary Education Act of 1965 
(20 
U.S.C. 
6311(h)(1)(C)(i)), 
crosstabulated by all categories. 
(C) STUDENT-LEVEL DATA.—For purposes 
of this paragraph, the term ‘‘student-level data’’ 
means longitudinal data with respect to indi-
vidual students, including all the demographic 
subgroups of students described in 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)), on— 
(i) academic performance in core 
courses; 
(ii) levels of achievement on State 
academic assessments described in section 
1111(b)(3) of the Elementary and Sec-
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