II 113th CONGRESS 1st Session S. 578 IN THE SENATE OF THE UNITED STATES March 14, 2013 Mrs. Hagan introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To improve outcomes for students in persistently low-performing schools, to create a culture of recognizing, rewarding, and replicating educational excellence, to authorize school turnaround grants, and for other purposes.

1. Short title This Act may be cited as the School Turnaround and Rewards Act of 2013 or the STAR Act of 2013 . 2. Purposes The purposes of this Act are to— (1) significantly improve outcomes for students in persistently low-performing schools by— (A) building the capacity of State educational agencies and local educational agencies to improve student academic achievement in low-performing and persistently low-performing schools; (B) supporting States and local educational agencies in implementing school intervention models; and (C) targeting State and local supports and strategies on the persistently lowest-performing schools in each State; and (2) create a culture of recognizing, rewarding, and replicating educational excellence in every State by— (A) providing financial and other incentives and rewards to schools that are identified as Reward Schools; and (B) supporting State educational agency efforts to identify, collect, and disseminate effective practices for increasing student academic achievement used by Reward Schools. I Blue ribbon schools 101. Blue ribbon schools (a) In general Section 1117 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6317 ) is amended to read as follows: 1117. Blue ribbon schools (a) Program purpose It is the purpose of this section to assist States and local educational agencies in identifying and rewarding high-performing public schools. (b) Blue ribbon schools (1) Identification of blue ribbon schools Each State receiving a grant under this part may— (A) define the category of blue ribbon schools, consistent with paragraph (2), for the State as part of its State plan in section 1111(b); and (B) identify, for each school year, the schools in the State that are blue ribbon schools for such year. (2) Blue ribbon school criteria (A) In general If a State elects to carry out this subsection, the State’s blue ribbon schools shall consist of the top 5 percent of the State's public elementary schools and secondary schools, as designated by the State based on— (i) the percentage of students who are on track to college and career readiness, as defined by the Secretary, for English or language arts, and mathematics; (ii) in the case of high schools, the school’s graduation rates; (iii) the performance of each subgroup of students, as defined by the Secretary; (iv) student growth, as defined by the Secretary; and (v) school gains. (B) Noneligibility for blue ribbon status A school identified under section 1116(b) for a year shall not be eligible for blue ribbon school status for the same year. (c) Rewards for blue ribbon schools (1) In general Each State that defines and identifies blue ribbon schools under subsection (b)(1) for a school year may— (A) provide each blue ribbon school in the State with increased autonomy over the school’s budget, staffing, and time; (B) allow each blue ribbon school to have flexibility in the use of any funds provided to the school under this Act for any purpose allowed under this Act (notwithstanding any other provision of this Act), as long as such use is consistent with the Civil Rights Act of 1964, title IX of the Education Amendments of 1972, section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 ), and part B of the Individuals with Disabilities Education Act; and (C) reserve not more than .5 percent of the funds allotted to the State under subpart 2 and use such reserved amounts to distribute rewards, on a competitive basis, to local educational agencies that serve 1 or more blue ribbon schools identified under subsection (b) that receive funds under subpart 2 to enable the local educational agencies to provide awards to such blue ribbon schools that receive funds under such subpart. (2) Use of rewards As a condition of receiving an award from a local educational agency under this subsection, a blue ribbon school shall agree to use the award funds to— (A) improve student achievement; and (B) provide technical assistance to the lowest-achieving schools in the State that have characteristics similar to the blue ribbon school. (d) Authorization of appropriations There are authorized to be appropriated to carry out this section $300,000,000 for fiscal year 2014 and such sums as may be necessary for each of the 5 succeeding fiscal years. . (b) Table of contents The table of contents in section 2 of the Elementary and Secondary Education Act of 1965 is amended by striking the item relating to section 1117 and inserting the following: Sec. 1117. Blue ribbon schools. . II School turnaround 201. School turnaround Section 1116 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6316 ) is amended by adding at the end the following: (i) Persistently low-Achieving schools (1) Lowest-achieving schools in the State (A) In general Each State receiving a grant under this part shall, beginning in the 2013–2014 school year and every year thereafter, determine the lowest-achieving schools in the State, which shall include— (i) the lowest-achieving 5 percent of public high schools, and the lowest-achieving 5 percent of public elementary schools and secondary schools that are not high schools, in the State, based on— (I) student performance on the State academic assessments in reading or language arts, and mathematics, including student absolute performance; (II) in the case of high schools, graduation rates; and (III) if the State so chooses— (aa) schoolwide gains; and (bb) absolute student performance; and (ii) the public high schools in the State that have less than a 60-percent graduation rate. (B) Data rule In identifying the lowest-achieving schools under this paragraph, a State shall— (i) use data for the most recent year for which data are available; or (ii) average data for the most recent 2- to 3-year period for which data are available. (C) Parental notification Each year, a State shall provide timely notification to all parents of students enrolled in each school identified under subparagraph (A) that the school is one of the State's lowest-achieving schools for such year. (D) List of targeted low-achieving schools Each year, the State shall— (i) compile a list of the schools identified under subparagraph (A) that— (I) receive assistance under this part; (II) are public high schools for which not less than 50 percent of each school's students are from low-income families, as determined by the local educational agency under section 1113; or (III) are public high schools that have less than a 60-percent graduation rate; (ii) submit the list described in clause (i) to the Secretary; (iii) distribute the list described in clause (i) to the local educational agencies, elementary schools, and secondary schools in the State; and (iv) make such list publicly available, including through the Internet. (2) Identification as persistently low-achieving (A) Identification For the 2013–2014 school year, each State receiving a grant under this part shall identify each school included on the list under paragraph (1)(D)(i) for the preceding school year as a persistently low-achieving school. For the 2014–2015 school year, and each subsequent school year, each such State shall identify each school that has been included on the list under such paragraph for the 2 preceding consecutive school years as a persistently low-achieving school. (B) 5-year period A school that is identified by the State under subparagraph (A) shall be a persistently low-achieving school for the 5-year period following the school's identification, except as provided in paragraph (6). (3) State waiver If a State determines that all schools that would otherwise be considered to be in the lowest-achieving 5 percent of schools under paragraph (1)(A)(i) are actually performing at a satisfactory level of performance based on the measures used by the State to identify persistently low-achieving schools, the State may apply to the Secretary to waive the requirements of this subsection. (4) Needs analysis Each local educational agency receiving assistance under this part shall conduct a data-driven needs analysis, which may involve an external partner with expertise in conducting such needs analysis, of each school identified under paragraph (2) by the State to determine the most appropriate school improvement strategies to improve student performance. Such needs analysis shall include— (A) a diagnostic review of data related to students and instructional staff; (B) an analysis of the school governance, curriculum, instruction, student supports, conditions for learning, and parent and family engagement practices relative to the needs of the student population; and (C) the resources, which may include community-based supports and early childhood education and care, available at the school, local educational agency, and community levels to meet student needs and support improved student achievement and outcomes and the implementation of any school improvement strategy. (5) State and local responsibilities (A) State responsibilities Each State receiving a grant under this part shall ensure that a local educational agency receiving assistance carries out the requirements of subparagraph (B) for each persistently low-achieving school in the State. (B) Local educational agency responsibilities Each local educational agency receiving assistance under this part shall, consistent with the State's accountability system under section 1111, for each school identified under paragraph (2) that it serves— (i) establish a process for selecting an appropriate school improvement strategy for the school that uses information from the needs analysis under paragraph (4); (ii) select the school improvement strategy to be used in each identified school and the timeline for implementing the selected school improvement strategy in such school; (iii) develop a detailed budget covering the 5-year identification period, including planned expenditures at the school level for activities supporting full and effective implementation of the selected school improvement strategy; (iv) implement a school improvement strategy at the school in accordance with the requirements of paragraph (6); (v) use appropriate measures to monitor the effectiveness of the implementation; (vi) review and select turnaround partners to assist in implementing school improvement strategies; (vii) align other Federal, State, and local resources with the school improvement strategy; (viii) provide the school with the operational flexibility, including autonomy over staffing, time, and budget, needed to enable full and effective implementation of the selected strategy, including through the modification of practices or policies, if necessary; (ix) collect and use data on an ongoing basis to adjust implementation of the school improvement strategy to improve student achievement; (x) provide an assurance that the implementation of the selected school improvement strategy addresses the needs of all the subgroups of students; (xi) take steps to sustain successful reforms and practices after the school is no longer identified under paragraph (2); and (xii) provide technical assistance and other support to ensure effective implementation of the school improvement strategy in the school, which may include assistance in— (I) data collection and analysis; (II) recruiting and retaining staff; (III) teacher and principal evaluation; (IV) professional development; (V) parent and family engagement; (VI) coordination of services with early childhood education and care providers; (VII) coordination of services to address students’ social, emotional, and health needs; and (VIII) monitoring the implementation of the school improvement strategy selected under paragraph (6). (C) State as local educational agency A State may take over a persistently low-achieving school and act as the local educational agency for purposes of this subsection, if permitted under State law. (6) School improvement strategies (A) Required activities for all school improvement strategies A local educational agency implementing any strategies under this paragraph for a school shall— (i) provide staff at the school with ongoing professional development, consistent with the needs analysis described in paragraph (4); (ii) conduct regular evaluations for the teachers and principals at the school that provide specific feedback on areas of strength and in need of improvement; (iii) provide time for collaboration among instructional staff at the school to improve student achievement; (iv) provide instructional staff at the school with timely access to student data to inform instruction and meet the academic needs of individual students, which may include, in elementary school, school readiness data; (v) collaborate with parents, the community, teachers, and other school personnel at the school on the selection and implementation of the strategy; (vi) use data to identify and implement a research-based instructional program that— (I) analyzes student progress and performance and develops appropriate interventions for students who are not making adequate progress; and (II) provides differentiated instruction and related instructional supports; (vii) in the case of an elementary school with kindergarten entry, consider the issue of school readiness in such school by— (I) examining factors that contribute to school readiness as part of the needs analysis conducted under paragraph (4); and (II) if school readiness is identified in the needs analysis as an area in need of improvement— (aa) coordinating with appropriate early childhood programs, such as programs under the Child Care Development and Block Grant Act of 1990, the Head Start Act, prekindergarten programs, and other similar Federal, State, and local programs, in order to align instruction to better prepare students for elementary school; and (bb) developing a plan to improve or expand early childhood options which may include the use of funds under this part for such purposes; (viii) provide ongoing mechanisms for parent and family engagement; and (ix) provide appropriate services and supports for students as identified in the school’s needs analysis. (B) Strategies A local educational agency shall identify a school improvement strategy for a school from among the following strategies: (i) Transformation model A transformation model is one in which the local educational agency— (I) if the principal has led the school for 2 or more years, replaces the principal with a new principal who has demonstrated effectiveness in turning around a low-performing school; (II) uses rigorous, transparent, and equitable evaluation systems to— (aa) identify and reward school leaders, teachers, and other staff who, in implementing the model, increase student achievement and, if applicable, high school graduation rates; and (bb) identify and remove school leaders, teachers, and other staff who, after ample opportunities have been provided for such individuals to improve their professional practice— (AA) do not increase student achievement; (BB) if applicable, do not increase high school graduation rates; and (CC) have not demonstrated effectiveness according to the local educational agency's evaluation system; (III) provides staff with ongoing, high-quality, job-embedded professional development that is aligned with the school’s instructional program and evaluation system and facilitates effective teaching and learning, and supports the implementation of school-reform strategies; (IV) implements strategies, such as financial incentives, increased opportunities for promotion and career growth, and more flexible work conditions that are designed to recruit, place, and retain staff with the skills necessary to meet the needs of the students in the school; (V) uses data to identify and implement a research-based instructional program that— (aa) is aligned with State challenging academic content standards and challenging student academic achievement standards; and (bb) has proven to raise student academic achievement by not less than 10 percent in 1 year; (VI) establishes schedules and strategies that provide increased learning time, which may include offering full-day kindergarten or a high-quality preschool program or using a longer school day, week, or year that increases the total number of school hours for the school year at a school by not fewer than 300 hours to significantly increase the total number of school hours to include additional time for— (aa) instruction in core academic subjects, instructions in such core academic subjects as, English, reading or language arts, mathematics, science, foreign languages, civics and government, economics, arts, history, and geography; and (bb) instruction in other subjects and enrichment activities that contribute to a well-rounded education, such as physical education, service learning, and experiential and work-based learning opportunities that are provided by partnering, as appropriate, with other organizations; (VII) promotes the continuous use of student data to provide instruction that meets the academic needs of individual students, which may include, in elementary school, individual students’ levels of school readiness; (VIII) establishes schedules and strategies that provide increased learning time, which may include expanding the school program to offer full-day kindergarten or a high-quality preschool program; (IX) provides ongoing mechanisms for family and community engagement; (X) gives the school sufficient operational flexibility in programming, staffing, budgeting, and scheduling to fully implement a comprehensive strategy designed to substantially improve student achievement and, if applicable, increase the graduation rate; (XI) ensures that the school receives ongoing, intensive technical assistance and related support from the local educational agency, the State educational agency, or a designated external lead partner organization; and (XII) provides appropriate social-emotional and community-oriented services and supports for students and, at the discretion of the local educational agency, uses not more than 10 percent of the funds available for such school under this part to provide services to meet those needs. (ii) Restart model A restart model is one in which the local educational agency— (I) converts a school or closes and reopens the school— (aa) under a charter school operator, a charter management organization, or an education management organization; or (bb) as an autonomous or redesigned school; (II) implements a rigorous review process to select such a charter school operator, charter management organization, or education management organization, as applicable, which includes an assurance from such operator or organization that it will make significant changes in the leadership and staffing of the school; and (III) enrolls in the school, within the grades it serves, any former student who wishes to attend the school. (iii) School closure A school closure model is one in which the local educational agency— (I) closes a school and enrolls the students who attended such school in other public schools served by the local educational agency that are higher performing, provided the other schools are within reasonable proximity to the closed school; and (II) provides information, in a timely fashion, in the appropriate language, and prior to closing the school, to children who attended such closed school and their parents, about high-quality educational options and transition and support services. (iv) Turnaround model A turnaround model is one in which the local educational agency— (I) if the principal has led the school for 2 or more years, replaces the principal with a new principal who has demonstrated effectiveness in turning around a low-performing school; (II) gives the new principal sufficient operational flexibility (including over staffing, the school day and school calendar, and budgeting) to fully implement a comprehensive approach to improve student outcomes; (III) using comprehensive evaluation systems, including the use of student achievement data to measure the effectiveness of staff who can work within the turnaround environment to meet the needs of students— (aa) screens all existing staff and retains not more than 50 percent of such staff; and (bb) requires the principal to justify personnel decisions, such as hiring, dismissal, and providing rewards, based on results of such evaluations; (IV) provides staff with ongoing, high-quality, job-embedded professional development that is aligned with the school’s instructional program, facilitates effective teaching and learning, and supports the implementation of school-reform strategies; (V) adopts a new governance structure for the school, which may include requiring the school to report to a new turnaround office in the local educational agency or State educational agency, hire a turnaround leader who reports directly to the Superintendent or Chief Academic Officer, or enter into a multi-year agreement with the local educational agency or State educational agency to obtain added flexibility in exchange for greater accountability; (VI) uses data to identify and implement a research-based instructional program and promotes the continuous use of data to evaluate school improvement strategies and to inform the differentiated instruction in order to meet the academic needs of individual students; (VII) encourages the use of extended learning time partnerships; (VIII) establishes schedules and strategies that provide increased learning time, which may include offering full-day kindergarten or a high-quality preschool program or using a longer school day, week, or year that increases the total number of school hours for the school year at a school by not fewer than 300 hours to significantly increase the total number of school hours to include additional time for— (aa) instruction in such core academic subjects as English, reading or language arts, mathematics, science, foreign languages, civics and government, economics, arts, history, and geography; (bb) instruction in other subjects and enrichment activities that contribute to a well-rounded education, such as physical education, service learning, and experiential and work-based learning opportunities that are provided by partnering, as appropriate, with other organizations; and (cc) teachers to collaborate, plan, and engage in professional development within and across grades and subjects; (IX) provides ongoing mechanisms for family and community engagement; (X) provides appropriate social-emotional and community-oriented services and supports for students; and (XI) may include any of the strategies described in clause (i). (C) Using funds for comprehensive services To address issues In implementing any of the school intervention models described in subparagraph (B), the local educational agency— (i) shall identify and address issues that may contribute to low academic achievement in those schools; and (ii) may use funds under this subsection to provide comprehensive services to address those issues and meet the full range of student needs. (7) Reservation and allotments From the total amount appropriated under paragraph (8), the Secretary may reserve not more than 10 percent to carry out activities of national significance, such as— (A) building State and local educational agency turnaround capacity, including through technical assistance and support, identification and dissemination of best practices, and facilitating the creation and operation of communities of practice; (B) supporting the use of school quality review teams by making grants to State educational agencies, consortia of such agencies, or partnerships of State educational agencies or State consortia and public or private nonprofit organizations to develop and implement school quality review teams that review and provide support and technical assistance to local educational agencies and schools for activities such as expanded learning time; (C) identifying and disseminating effective rural turnaround practices, making available targeted technical assistance, and expanding the availability and capacity of turnaround partners that operate in rural areas; (D) identifying schools and school improvement partners that are effectively implementing school intervention models and other effective strategies to improve schools, and making information on those schools available to State educational agencies, local educational agencies, and schools in a manner that facilitates replication of effective practices; and (E) other activities designed to support State and local efforts to turn around persistently low-performing schools. (8) Authorization of appropriations There are authorized to be appropriated to carry out this subsection $600,000,000 for fiscal year 2014 and such sums as may be necessary for each of the 5 succeeding fiscal years. .