II 113th CONGRESS 1st Session S. 943 IN THE SENATE OF THE UNITED STATES May 14, 2013 Mr. Udall of Colorado (for himself and Mr. Bennet ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To establish an alternative accountability model.

1. Short title This Act may be cited as the Growth to Excellence Act of 2013 . 2. Accountability Model Section 1111(b) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(b) ) is amended— (1) in paragraph (3), by adding at the end the following: (E) Assessments Above and Below Grade Level (i) In General Notwithstanding any other requirement of this paragraph, a State may carry out this paragraph through the use of adaptive assessments that— (I) are administered through a computerized means; (II) are aligned with grade-level academic content standards; and (III) measure academic growth above and below grade level. (ii) Requirements for Adaptive Assessments For the results of any adaptive assessment to be included in the accountability model described under paragraph (12), such results must provide the information necessary to determine adequate student growth in accordance with paragraph (12)(C)(i). ; and (2) by adding at the end the following: (11) Criteria and Implementation of Accountability model (A) In General (i) Transitional Participation Prior to a State's adoption of college and career ready academic content standards and college and career ready assessments, as defined in subparagraphs (B) and (C) of paragraph (13), a State may apply to the Secretary to replace the State plan requirements under paragraph (2) with the accountability requirements under paragraph (12). (ii) Required Participation After the adoption of college and career ready academic content standards and college and career ready assessments, as defined in subparagraphs (B) and (C) of paragraph (13) and required under this subsection— (I) a State shall comply with this paragraph and paragraph (12) in lieu of paragraph (2); and (II) references in this Act to section 1111(b)(2) shall be deemed to be references to this paragraph and paragraph (12). (B) Criteria A State that participates in the accountability model described in paragraph (12) shall carry out the following activities: (i) Implement challenging college and career ready academic content standards, as defined in paragraph (13)(B). (ii) Implement college and career ready assessments, as defined in paragraph 13(C). (iii) For a secondary school, measure graduation rates as defined in section 200.19(b)(1) of title 34, Code of Federal Regulations. (iv) Assess not less than 2 additional indicators of whether students are college and career ready, such as— (I) student scores on the ACT; (II) student scores on the SAT; (III) the percentage of students who attend an institution of higher education; (IV) college remediation rates; (V) results from Advanced Placement or International Baccalaureate exams; (VI) student grade point averages at an institution of higher education; or (VII) rates of completion of the first year at an institution of higher education. (v) Provide a comprehensive State system of accountability for schools that do not meet the annual progress targets described under subclauses (V) and (VI) of paragraph (12)(B)(i), which aims to ensure that each student is college and career ready before such student graduates from a secondary school that awards regular high school diplomas, and which shall include, at a minimum— (I) the evaluation of each school and each group of students described in paragraph (2)(C)(v)(II) against annual progress targets described in subclauses (V) and (VI) of paragraph (12)(B)(i) that are aligned with the goal of ensuring that each student is college and career ready before such student graduates from a secondary school that awards regular high school diplomas; (II) a system of categorization that will group schools based on— (aa) how the overall performance of students, and the performance of each subgroup of students described in paragraph (2)(C)(v)(II), at such school compares to each annual progress target described in subclauses (V) and (VI) of paragraph (12)(B)(i); and (bb) if the school is a secondary school that awards regular high school diplomas, how students at such school perform when measured against key indicators of college and career readiness, as described in clauses (iii) and (iv); (III) supports and consequences for each school in the State, as appropriate for each school based on the categorization described in subclause (II); and (IV) incentives for schools that consistently exceed the annual progress targets described in subclauses (V) and (VI) of paragraph (12)(B)(i). (vi) Adopt intervention mechanisms for schools, as described in section 1116. (vii) Ensure that adequate student growth reports are delivered, in a timely manner, to parents and teachers (as appropriate) to enable parents and teachers to examine student progress toward becoming college and career ready. (C) Assessments above and below grade level (i) In General In carrying out the assessment requirements described in subparagraph (B)(ii), a State may use adaptive assessments described in paragraph (3)(E). (ii) Requirements for Adaptive Assessments For the results of any adaptive assessment to be included in the accountability model described under paragraph (12), such results must provide the information necessary to determine adequate student growth in accordance with paragraph (12)(C)(i). (12) Accountability Model (A) In General Each State that will use an accountability model under this paragraph shall submit a plan to the Secretary, which shall demonstrate that the State has developed and will implement a single, statewide State accountability system that will be effective in ensuring that all local educational agencies, public elementary schools, and public secondary schools meet the standard of adequate student growth as defined under this paragraph. (B) Components of the Accountability Model (i) In General Each State accountability model shall— (I) be based on the academic standards and academic assessments adopted under paragraphs (1), (3), and (11), and other academic indicators consistent with subparagraph (C)(ii); (II) take into account the achievement of all public elementary school and secondary school students; (III) be the same accountability model that the State uses for all public elementary schools and secondary schools or all local educational agencies in the State; (IV) include components that recognize successful schools and that require intervention measures in struggling schools, which the State will use to hold local educational agencies and public elementary schools and secondary schools accountable for student achievement and for ensuring that such agencies and schools meet the standard of adequate student growth as described in subparagraph (C), in accordance with this paragraph; (V) establish annual progress targets for each school that aim to reduce by half, in less than 6 years— (aa) the difference between the percentage of students at the top performing schools in the State who meet the college and career ready academic content standards described in paragraph (13)(B) or make adequate student growth, as described in subparagraph (C), and the percentage of such students at each school that is not a top performing school; and (bb) for each category of students described in paragraph (2)(C)(v)(II), the difference between the percentage of students who meet the college and career ready academic content standards described in paragraph (13)(B) or make adequate student growth, as described in subparagraph (C), at the top performing schools in the State, and the percentage of such students at each school that is not a top performing school; (VI) establish annual progress targets for each secondary school that is subject to section 200.19(b)(1) of title 34, Code of Federal Regulations, that aim to reduce by half, in less than 6 years, the difference between the percentage of students who graduate from such secondary school and 90 percent; and (VII) include another method that is educationally sound, rigorous, and will result in ambitious, but achievable, targets for all students and the subgroups of students described in paragraph (2)(C)(v)(II). (ii) Definition of Top Performing School In this paragraph, the term top performing school means a school that is ranked at the 90th percentile when all schools in a State are ranked (with separate rankings for elementary schools and for secondary schools) from lowest to highest, based on the percentage of students at each school who meet challenging college and career ready academic content standards. (iii) Top Performing Schools A top performing school shall be considered a school that is meeting annual progress targets under subclauses (V) and (VI) of clause (i), for such time as the school remains a top performing school. (C) Adequate Student Growth (i) In General The term adequate student growth shall be defined by a State— (I) to mean— (aa) for each student at a school who is not on track to being college and career ready in a subject, a rate of growth indicating that the student will be on track to being college and career ready within 3 years, or by the last year of student testing, whichever is earlier; and (bb) for a student who is on track to being college and career ready in a subject, but is not yet college and career ready, a rate of growth equal to not less than 1 year of academic growth; and (II) in a manner that— (aa) applies the same high standards of academic achievement to all public elementary school and secondary school students in the State; (bb) is statistically rigorous, valid, and reliable; (cc) results in continuous and substantial academic improvement for all students; and (dd) measures the progress of public elementary schools, secondary schools, local educational agencies, and the State based on the academic assessments described in paragraphs (3) and (11). (ii) Measures of adequate school performance (I) In General A State may develop a composite measure of a school’s adequate student growth, as described under this paragraph, to be used for public reporting, that may incorporate 1 or more of the following indicators: (aa) Overall student cohort proficiency or growth to proficiency on the assessments adopted under paragraphs (3) and (11) over a period of 2 or more years. (bb) The percentage of students who are making sufficient growth to meet the college and career ready academic content standards, as described in paragraph (13)(B), before the last year that the student is in the student's current school, or in less than 3 years, whichever occurs earlier. (cc) Progress in closing achievement gaps between each group of students listed in paragraph (2)(C)(v)(II) and the overall student population of the school over a period of 2 or more years. (dd) For secondary schools, a continuous and substantial increase in the graduation rate (as defined in section 200.19(b)(1) of title 34, Code of Federal Regulations). (ee) Year-to-year growth and growth to proficiency on the assessments adopted under paragraphs (3) and (11). (ff) Attendance for all public elementary school students. (gg) The percentage of students who earn sufficient credits to be promoted to the next grade. (hh) The percentage of secondary school graduates who receive a regular high school diploma who attend an institution of higher education. (ii) The percentage of secondary school graduates who receive a regular high school diploma who do not require remediation at an institution of higher education. (II) Validity and Reliability The State shall ensure that each indicator described in this clause is rigorous, valid for the indicator's assigned use, reliable, and consistent with any relevant nationally recognized professional and technical standards. (III) Reporting of Indicators A State shall publicly report each of the indicators that are included within the composite measure of adequate school performance, as described in this clause, in the aggregate and disaggregated by each group of students described in paragraph (2)(C)(v)(II). (D) Annual Improvement for Schools Each year, for a school to meet the standard for adequate student growth under this paragraph, not less than 95 percent of each group of students described in paragraph (2)(C)(v)(II) who are enrolled in the school are required to take the assessments, consistent with paragraph (3), including subparagraph (C)(xi) of such paragraph, and with— (i) accommodations provided in the same manner as those provided under section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ); and (ii) accommodations and alternative assessments provided in the same manner as those provided under section 612(a)(16)(A) of the Individuals with Disabilities Education Act. (E) Evaluation (i) Secretarial Duties The Secretary shall— (I) establish a rigorous peer-review process, which shall include a diverse board of experts and community stakeholders, to assist in the review of State accountability model plans, based on the criteria described in subparagraphs (B) and (C)(i); (II) appoint individuals to the peer-review process who are representative of parents, teachers, State educational agencies, and local educational agencies, and who are familiar with educational standards, assessments, accountability, the needs of low-performing schools, and other educational needs of students; (III) if the Secretary determines that the State plan does not meet the requirements of this paragraph, immediately notify the State of such determination and the reasons for such determination; (IV) not decline to approve a State's accountability model plan before— (aa) offering the State an opportunity to revise its accountability model plan; (bb) providing technical assistance in order to assist the State to meet the requirements of this paragraph; (cc) providing a hearing; and (dd) allowing the State to communicate with peer reviewers in order to further explain or justify the merits of the State's accountability model plan; and (V) have the authority to disapprove a State accountability model plan for not meeting the requirements of this paragraph, but shall not have the authority to require a State, as a condition of approval of the State accountability model plan, to include in, or delete from, such plan 1 or more specific elements of the State's academic content standards or to use specific academic assessment instruments or items. (ii) State Revisions A State accountability model plan shall be revised by the State educational agency if it is necessary to satisfy the requirements of this paragraph. (F) Approved Schools If, as of the date of enactment of the Growth to Excellence Act of 2013 , a State has already received approval from the Secretary to use an accountability model, the Secretary may allow such State a period of not more than 2 years from the date of enactment of such Act to transition to the use of the accountability model described in this paragraph. (13) Definitions In this subsection: (A) College and Career Ready The term college and career ready when used with respect to a student means that the student meets the requirements necessary to be admitted into credit-bearing, nonremedial, entry level coursework at a State public institution of higher education. (B) College and Career Ready Academic Content Standards The term college and career ready academic content standards means challenging academic content standards (as required under paragraph (1)) that are— (i) developed based on evidence that mastery of such standards corresponds to being college and career ready without the need for remediation; and (ii) (I) common to a significant number of States; or (II) approved by a system of public 4-year institutions of higher education in the State, such that mastery of such standards leads to placement into credit-bearing, nonremedial, first-year coursework for a student admitted to an institution of higher education that is part of such system. (C) College and Career Ready Assessments The term college and career ready assessments means an assessment for mathematics and an assessment for reading or language arts that— (i) measures the annual academic growth of individual students; (ii) is aligned with the college and career ready academic content standards described in this paragraph; and (iii) meets the requirements under paragraph (3). (D) On track to being college and career ready The term on track to being college and career ready in a subject means that a student is performing at or above grade level, such that the student will be college and career ready in the subject before graduation from a secondary school that awards regular high school diplomas, as measured by the State assessment system. .