I 
111TH CONGRESS 
1ST SESSION H. R. 2790 
To create or adopt, and implement, rigorous and voluntary American edu-
cation content standards in mathematics and science covering kinder-
garten through grade 12, to provide for the assessment of student pro-
ficiency benchmarked against such standards, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 10, 2009 
Mr. EHLERS introduced the following bill; which was referred to the 
Committee on Education and Labor 
A BILL 
To create or adopt, and implement, rigorous and voluntary 
American education content standards in mathematics 
and science covering kindergarten through grade 12, to 
provide for the assessment of student proficiency 
benchmarked against such standards, and for other pur-
poses. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Standards to Provide Educational Achievement for Kids 
Act’’ or the ‘‘SPEAK Act’’. 
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(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Findings. 
Sec. 3. Assessing science in the National Assessment of Educational Progress. 
Sec. 4. Definitions. 
Sec. 5. Voluntary American education content standards; American Standards 
Incentive Fund. 
Sec. 6. Authorization of appropriations. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) Throughout the years, educators and policy-
makers have consistently embraced standards as the 
mechanism to ensure that every student, no matter 
what school the student attends, masters the skills 
and develops the knowledge needed to participate in 
a global economy. 
(2) Recent international comparisons make 
clear that students in the United States have signifi-
cant shortcomings in mathematics and science, yet a 
high level of scientific and mathematics literacy is 
essential to societal innovations and advancements. 
(3) With more than 50 different sets of aca-
demic content standards, 50 State academic assess-
ments, and 50 definitions of proficiency under sec-
tion 1111(b) of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 6311(b)), there is 
great variability in the measures, standards, and 
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benchmarks for academic achievement in mathe-
matics and science. 
(4) Variation in State standards and the ac-
companying measures of proficiency make it difficult 
for parents and teachers to meaningfully gauge how 
well their children are learning mathematics and 
science in comparison to their peers internationally 
or here at home. 
(5) The disparity in the rigor of standards 
across States yields test results that tell the public 
little about how schools are performing and pro-
gressing, as States with low standards or low pro-
ficiency requirements may appear to be doing much 
better than States with more rigorous standards or 
higher requirements for proficiency. 
(6) As a result, the United States highly mobile 
student-aged population moves through the Nation’s 
schools gaining widely varying levels of knowledge, 
skills, and preparedness. 
(7) In order for the United States to compete 
in a global economy, the country needs to strengthen 
its educational expectations for all children. 
(8) To compete, the people of the United States 
must compare themselves against international 
benchmarks. 
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(9) Grounded in a real world analysis and inter-
national comparisons of what students need to suc-
ceed in work and college, rigorous and voluntary 
core American education content standards will keep 
the United States economically competitive and en-
sure that the children of the United States are given 
the same opportunity to learn to a high standard no 
matter where they reside. 
(10) Rigorous and voluntary core American 
education content standards in mathematics and 
science will enable students to succeed in academic 
settings across States while ensuring an American 
edge in the global marketplace. 
SEC. 3. ASSESSING SCIENCE IN THE NATIONAL ASSESS-
MENT OF EDUCATIONAL PROGRESS. 
(a) NATIONAL
ASSESSMENT
OF
EDUCATIONAL 
PROGRESS AUTHORIZATION ACT.—Section 303 of the Na-
tional Assessment of Educational Progress Authorization 
Act (20 U.S.C. 9622) is amended— 
(1) in subsection (a), by striking ‘‘, State as-
sessments,’’ and inserting ‘‘and State assessments in 
reading, mathematics, and science’’; 
(2) in subsection (b)— 
(A) 
in 
paragraph 
(1), 
by 
inserting 
‘‘science,’’ after ‘‘mathematics,’’; 
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(B) in paragraph (2)— 
(i) in subparagraph (B), by striking 
‘‘reading and mathematics’’ and inserting 
‘‘reading, mathematics, and science’’; 
(ii) in subparagraph (C), by striking 
‘‘reading and mathematics’’ and inserting 
‘‘reading, mathematics, and science’’; 
(iii) in subparagraph (D), by striking 
‘‘science,’’; and 
(iv) in subparagraph (E), by striking 
‘‘reading and mathematics’’ and inserting 
‘‘reading, mathematics, and science’’; 
(C) in paragraph (3)— 
(i) in subparagraph (A), by striking 
‘‘reading and mathematics’’ each place the 
term occurs and inserting ‘‘reading, mathe-
matics, and science’’; and 
(ii) in subparagraph (C)(ii), by strik-
ing ‘‘reading and mathematics’’ and insert-
ing ‘‘reading, mathematics, and science’’; 
and 
(D) in paragraph (4)(B), by striking ‘‘, re-
quire, or influence’’ and inserting ‘‘or require’’; 
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(3) in subsection (d)(3), by striking ‘‘reading 
and mathematics’’ each place the term occurs and 
inserting ‘‘reading, mathematics, and science’’; and 
(4) in subsection (f)(1)(B)(v), by striking ‘‘and 
mathematical knowledge’’ and inserting ‘‘, mathe-
matical knowledge, and science knowledge’’. 
(b) ELEMENTARY AND SECONDARY EDUCATION ACT 
OF 1965.—Subpart 1 of part A of title I of the Elemen-
tary and Secondary Education Act of 1965 (20 U.S.C. 
6311 et seq.) is amended— 
(1) 
in 
section 
1111(c)(2) 
(20 
U.S.C. 
6311(c)(2))— 
(A) by inserting ‘‘(and, for science, begin-
ning with the 2010–2011 school year)’’ after 
‘‘2002–2003’’; and 
(B) by striking ‘‘reading and mathe-
matics’’ and inserting ‘‘reading, mathematics, 
and science’’; and 
(2) in section 1112(b)(1)(F) (20 U.S.C. 
6312(b)(1)(F)), by striking ‘‘reading and mathe-
matics’’ and inserting ‘‘reading, mathematics, and 
science’’. 
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SEC. 4. DEFINITIONS. 
Section 304 of the National Assessment of Edu-
cational Progress Authorization Act (20 U.S.C. 9623) is 
amended— 
(1) in the matter preceding paragraph (1), by 
striking ‘‘In this title:’’ and inserting ‘‘Except as 
otherwise provided, in this title:’’; 
(2) by redesignating paragraph (2) as para-
graph (3); and 
(3) by inserting after paragraph (1) the fol-
lowing: 
‘‘(2) SECRETARY.—The term ‘Secretary’ means 
the Secretary of Education.’’. 
SEC. 5. VOLUNTARY AMERICAN EDUCATION CONTENT 
STANDARDS; AMERICAN STANDARDS INCEN-
TIVE FUND. 
The National Assessment of Educational Progress 
Authorization Act (20 U.S.C. 9621 et seq.) is amended— 
(1) by redesignating sections 304 (as amended 
by section 4) and 305 as sections 306 and 307, re-
spectively; and 
(2) by inserting after section 303 the following: 
‘‘SEC. 304. CREATION OR ADOPTION OF VOLUNTARY AMER-
ICAN EDUCATION CONTENT STANDARDS. 
‘‘(a) IN GENERAL.—Not later than 3 years after the 
date of enactment of the Standards to Provide Edu-
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cational Achievement for Kids Act and from amounts ap-
propriated under section 307(a)(3) for a fiscal year, the 
Assessment Board shall create or adopt voluntary Amer-
ican education content standards in mathematics and 
science covering kindergarten through grade 12. 
‘‘(b) DUTIES.—The Assessment Board shall imple-
ment subsection (a) by carrying out the following duties: 
‘‘(1) Create or adopt voluntary American edu-
cation content standards for mathematics and 
science covering kindergarten through grade 12 that 
reflect a common core of what students in the 
United States should know and be able to do to 
compete in a global economy. 
‘‘(2) Anchor the voluntary American education 
content standards based on the mathematics and 
science frameworks and the achievement levels under 
section 303(e) of the National Assessment of Edu-
cational Progress for grades 4, 8, and 12. 
‘‘(3) Ensure that the voluntary American edu-
cation content standards reflect international stand-
ards of excellence and the latest developments in the 
fields of mathematics and science. 
‘‘(4) Review existing standards in mathematics 
and science developed by professional organizations. 
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‘‘(5) Review State standards in mathematics 
and science as of the date of enactment of the 
Standards to Provide Educational Achievement for 
Kids Act and consult and work with entities that are 
developing, or have already developed, such State 
standards. 
‘‘(6) Review the reports, views, and analyses of 
a broad spectrum of experts, including classroom 
educators, and of the public, as such reports, views, 
and analyses relate to mathematics and science edu-
cation, including— 
‘‘(A) reviews of blue ribbon reports; 
‘‘(B) exemplary practices in the field; and 
‘‘(C) recent reports by government agen-
cies and professional organizations. 
‘‘(7) Review scientifically rigorous studies that 
examine the relationship between— 
‘‘(A) the sequences of secondary school- 
level mathematics and science courses; and 
‘‘(B) student achievement. 
‘‘(8) Ensure that steps are taken in the devel-
opment of the voluntary American education content 
standards to recognize the needs of students who re-
ceive special education and related services under 
the Individuals with Disabilities Education Act (20 
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U.S.C. 1400 et seq.) and of students who are limited 
English proficient (as defined in section 9101 of the 
Elementary and Secondary Education Act of 1965 
(20 U.S.C. 7801)). 
‘‘(9) Solicit input from State and local rep-
resentative organizations, mathematics and science 
organizations (including mathematics and science 
teacher organizations), institutions of higher edu-
cation, higher education organizations, business or-
ganizations, and other appropriate organizations. 
‘‘(10) Ensure that the voluntary American edu-
cation content standards reflect what students will 
be required to know and be able to do after sec-
ondary school graduation to be academically quali-
fied to enter an institution of higher education or 
training for the civilian or military workforce. 
‘‘(11) Widely disseminate the voluntary Amer-
ican education content standards for public review 
and comment before final adoption. 
‘‘(12) Provide for continuing review of the vol-
untary American education content standards not 
less often than once every 10 years, which review— 
‘‘(A) shall solicit input from organizations 
and entities, including— 
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‘‘(i) 1 or more professional mathe-
matics or science organizations, including 
mathematics or science educator organiza-
tions; 
‘‘(ii) the State educational agencies 
that have received American Standards In-
centive Fund grants under section 305 
during the period covered by the review; 
and 
‘‘(iii) other organizations and entities, 
as determined appropriate by the Assess-
ment Board; and 
‘‘(B) shall address issues including— 
‘‘(i) whether the voluntary American 
education content standards continue to 
reflect international standards of excellence 
and the latest developments in the fields of 
mathematics and science; and 
‘‘(ii) whether the voluntary American 
education content standards continue to 
reflect what students are required to know 
and be able to do in science and mathe-
matics after graduation from secondary 
school to be academically qualified to enter 
an institution of higher education or train-
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ing for the civilian or military workforce, 
as of the date of the review. 
‘‘SEC. 305. THE AMERICAN STANDARDS INCENTIVE FUND. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) IN
GENERAL.—The terms ‘elementary 
school’, ‘local educational agency’, ‘professional de-
velopment’, ‘secondary school’, ‘State’, and ‘State 
educational agency’ have the meanings given the 
terms in section 9101 of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 7801). 
‘‘(2) ACADEMIC
CONTENT
STANDARDS.—The 
term ‘academic content standards’ means the chal-
lenging academic content standards described in sec-
tion 1111(b)(1) of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6311(b)(1)). 
‘‘(3) LEVELS
OF
ACHIEVEMENT.—The term 
‘levels of achievement’ means the State levels of 
achievement under subclauses (II) and (III) of sec-
tion 1111(b)(1)(D)(ii) of the Elementary and Sec-
ondary 
Education 
Act 
of 
1965 
(20 
U.S.C. 
6311(b)(1)(D)(ii) (II), (III)). 
‘‘(4) STATE
ACADEMIC
ASSESSMENTS.—The 
term ‘State academic assessments’ means the aca-
demic assessments for a State described in section 
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1111(b)(3) of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 6311(b)(3)). 
‘‘(b) ESTABLISHMENT
OF FUND.—From amounts 
appropriated under section 307(a)(4) for a fiscal year, the 
Secretary shall establish and fund the American Stand-
ards Incentive Fund to carry out the grant program under 
subsection (c). 
‘‘(c) INCENTIVE GRANT PROGRAM AUTHORIZED.— 
‘‘(1) IN GENERAL.—Not later than 12 months 
after the Assessment Board adopts the voluntary 
American education content standards under section 
304, the Secretary shall use amounts available from 
the American Standards Incentive Fund to award, 
on a competitive basis, grants to State educational 
agencies to enable each State educational agency to 
adopt the voluntary American education content 
standards in mathematics and science as the core of 
the State’s academic content standards in mathe-
matics and science by carrying out the activities de-
scribed in subsection (f). 
‘‘(2) DURATION AND AMOUNT.—A grant under 
this subsection shall be awarded— 
‘‘(A) for a period of not more than 4 years; 
and 
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‘‘(B) in an amount that is not more than 
$4,000,000 over the period of the grant. 
‘‘(3) SEA 
COLLABORATION
PERMITTED.—A 
State educational agency receiving a grant under 
this subsection may collaborate with another State 
educational agency receiving a grant under this sub-
section in carrying out the activities described in 
subsection (f). 
‘‘(d) CORE STANDARDS.—A State educational agency 
receiving a grant under subsection (c) shall adopt and use 
the voluntary American education content standards in 
mathematics and science as the core of the State academic 
content standards in mathematics and science. The State 
educational agency may add additional standards to the 
voluntary American education content standards as part 
of the State academic content standards in mathematics 
and science. 
‘‘(e) STATE
APPLICATION.—A State educational 
agency desiring to receive a grant under subsection (c) 
shall submit an application to the Secretary at such time, 
in such manner, and containing such information as the 
Secretary may require. The application shall include— 
‘‘(1) timelines for carrying out each of the ac-
tivities described in subsection (f)(1); and 
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‘‘(2) a description of the activities that the 
State educational agency will undertake to imple-
ment the voluntary American education content 
standards in mathematics and science adopted under 
section 304, and the achievement levels in mathe-
matics and science developed under section 303(e) 
for the national and State assessments of the Na-
tional Assessment of Educational Progress, at both 
the State educational agency and local educational 
agency levels, including any additional activities de-
scribed in subsection (f)(2). 
‘‘(f) USE OF FUNDS.— 
‘‘(1) MANDATORY
ACTIVITIES.—A State edu-
cational agency receiving a grant under subsection 
(c) shall use grant funds to carry out all of the fol-
lowing: 
‘‘(A) Adopt the voluntary American edu-
cation content standards in mathematics and 
science as the core of the State’s academic con-
tent standards in mathematics and science not 
later than 2 years after the receipt of a grant 
under subsection (c). 
‘‘(B) Align the teacher certification or li-
censure, pre-service, and professional develop-
ment requirements of the State to the voluntary 
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teacher certification or licensure, pre-service, and 
professional development requirements, must be re-
vised to align such State standards, assessments, 
levels, and teacher requirements with the voluntary 
American education content standards created or 
adopted under section 304 and the achievement lev-
els in mathematics and science developed under sec-
tion 303(e); and 
‘‘(2) the planned activities described in the ap-
plication submitted under subsection (e). 
‘‘(h) ANNUAL STATE EDUCATIONAL AGENCY RE-
PORTS.—A State educational agency receiving a grant 
under subsection (c) shall submit an annual report to the 
Secretary demonstrating the State educational agency’s 
progress in meeting the timelines described in the applica-
tion under subsection (e)(1). 
‘‘(i) GRANTS FOR DOD AND BIA SCHOOLS.— 
‘‘(1) DEPARTMENT
OF
DEFENSE
SCHOOLS.— 
From amounts available from the American Stand-
ards Incentive Fund, the Secretary, upon application 
by the Secretary of Defense, may award grants 
under subsection (c) to the Secretary of Defense on 
behalf of elementary schools and secondary schools 
operated by the Department of Defense to enable 
the Secretary of Defense to carry out activities simi-
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lar to the activities described in subsection (f) for 
the elementary schools and secondary schools oper-
ated by the Department of Defense. 
‘‘(2) BUREAU OF INDIAN AFFAIRS SCHOOLS.— 
From amounts available from the American Stand-
ards Incentive Fund, the Secretary, in consultation 
with the Secretary of the Interior, may award grants 
under subsection (c) to the Bureau of Indian Affairs 
on behalf of elementary schools and secondary 
schools operated or funded by the Department of the 
Interior to enable the Director of the Bureau of In-
dian Affairs to carry out activities similar to the ac-
tivities described in subsection (f) for the elementary 
schools and secondary schools operated or funded by 
the Department of the Interior. 
‘‘(j) STUDY.—Not later than 2 years after the com-
pletion of the first 4-year grant cycle for grants under this 
section, the Commissioner for Education Statistics shall 
carry out a study comparing the gap between the reported 
proficiency on State academic assessments and assess-
ments under section 303 for State educational agencies 
receiving grants under subsection (c), before and after the 
State adopts the voluntary American education content 
standards in mathematics and science as the core of the 
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State education content standards in mathematics and 
science. The study shall— 
‘‘(1) include an analysis of, for each State re-
ceiving a grant under subsection (c) and for the 
United States, the gaps in reported proficiency in 
mathematics and in science before and after the 
adoption of the voluntary American education con-
tent standards, for each grade of students subject to 
the assessments under section 303; and 
‘‘(2) further disaggregate the information de-
scribed in paragraph (1) by the race, ethnicity, gen-
der, disability status, migrant status, English pro-
ficiency, and economically disadvantaged status of 
the students, except that such disaggregation shall 
not be required in a case in which the number of 
students in a category is insufficient to yield statis-
tically reliable information or the results would re-
veal personally identifiable information about an in-
dividual student. 
‘‘(k) DATA GRANTS.— 
‘‘(1) PROGRAM AUTHORIZED.— 
‘‘(A) IN GENERAL.—From amounts appro-
priated under section 307(a)(4), the Secretary 
shall award, to each State educational agency 
that meets the requirements of paragraph (3), 
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a grant to enhance statewide student level lon-
gitudinal data systems as those systems relate 
to the requirements of part A of title I of the 
Elementary and Secondary Education Act of 
1965 (20 U.S.C. 6311 et seq.). 
‘‘(B) DATA
AUDIT
SYSTEM.—The State, 
through the implementation of such enhanced 
data system, shall— 
‘‘(i) ensure that the State has in place 
a State data audit system to assess data 
quality, validity, and reliability; and 
‘‘(ii) provide guidance, technical as-
sistance, and professional development to 
local educational agencies to ensure local 
education officials and educators have the 
tools, knowledge, and protocol necessary to 
use the enhanced data system properly, en-
sure the integrity of the data, and be able 
to use the data to inform education policy 
and practice. 
‘‘(2) AMOUNT OF GRANT.—A grant awarded to 
a State educational agency under this subsection 
shall be in an amount equal to 5 percent of the 
amount allocated to the State under section 1122 of 
the Elementary and Secondary Education Act of 
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1965 (20 U.S.C. 6332). If the amounts available 
from the American Standards Incentive Fund are 
insufficient to pay the full amounts of grants under 
this paragraph to all State educational agencies that 
receive a grant under this subsection, then the Sec-
retary shall ratably reduce the amount of all grants 
under this subsection. 
‘‘(3) REQUIREMENTS.—In order to receive a 
grant under this subsection, a State educational 
agency shall— 
‘‘(A) have received a grant under sub-
section (c); and 
‘‘(B) successfully demonstrate to the Sec-
retary that the State has aligned— 
‘‘(i) the State’s academic content 
standards and State academic assessments 
in mathematics and science, and the 
State’s teacher certification or licensure, 
pre-service, and professional development 
requirements, with the voluntary American 
education content standards in mathe-
matics and science; and 
‘‘(ii) the State levels of achievement in 
mathematics and science for grades 4, 8, 
and 12, with the achievement levels in 
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mathematics and science developed under 
section 303(e) for such grades. 
‘‘(4) NATURE OF GRANT.—A grant under this 
subsection to a State educational agency shall be in 
addition to any grant awarded to the State edu-
cational agency under subsection (c). 
‘‘(5) LIMIT ON NUMBER OF GRANTS.—In no 
case shall a State educational agency receive more 
than 1 grant under this subsection. 
‘‘(l) REPORTS TO CONGRESS.—Not later than 2 years 
after the date of enactment of the Standards to Provide 
Educational Achievement for Kids Act, and every 2 years 
thereafter, the Secretary shall report to Congress regard-
ing the status of all grants awarded under this section. 
‘‘(m) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to establish a preferred national 
curriculum or preferred teaching methodology for elemen-
tary school or secondary school instruction. 
‘‘(n) TIMELINE EXTENSION.—The Secretary may ex-
tend the 12-year requirement under section 1111(b)(2)(F) 
of the Elementary and Secondary Education Act of 1965 
(20 U.S.C. 6311(b)(2)(F)) by not less than 2 years and 
by not more than 4 years for a State served by a State 
educational agency that receives grants under subsections 
(c) and (k).’’. 
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SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 
Section 307(a) of the National Assessment of Edu-
cational Progress Authorization Act (as redesignated by 
section 5(1)) (20 U.S.C. 9624(a)) is amended to read as 
follows: 
‘‘(a) IN GENERAL.—There are authorized to be ap-
propriated— 
‘‘(1) to carry out section 302, $8,750,000 for 
fiscal year 2010 and such sums as may be necessary 
for each succeeding fiscal year; 
‘‘(2) to carry out section 303, $200,000,000 for 
fiscal year 2010 and such sums as may be necessary 
for each succeeding fiscal year; 
‘‘(3) to carry out section 304, $3,000,000 for 
fiscal year 2010 and such sums as may be necessary 
for each succeeding fiscal year; and 
‘‘(4) to carry out section 305, $400,000,000 for 
fiscal year 2010 and such sums as may be necessary 
for each succeeding fiscal year.’’. 
Æ 
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