US Codex
Bill
Notes

Title I — Middle grades improvement

S. 708 · 113th Congress · Apr 11, 2013 · Lineage

I Middle grades improvement

Sec. 101 Purposes

The purposes of this title are to—
(1)
improve middle grades student academic achievement and prepare students for rigorous secondary school coursework so that such students will graduate from secondary school college and career ready;
(2)
ensure that curricula and student supports for middle grades education align with the curricula and student supports provided for elementary and secondary school grades;
(3)
provide resources to State educational agencies and local educational agencies to collaboratively develop school improvement plans in order to deliver support and technical assistance to schools serving students in the middle grades; and
(4)
increase the capacity of States and local educational agencies to develop effective, sustainable, and replicable school improvement programs and models and evidence-based or, when available, scientifically valid student interventions for implementation by schools serving students in the middle grades.

Sec. 102 Formula grants to State educational agencies for middle grades improvement

(a)
In general— From amounts appropriated under section 107, the Secretary shall make grants under this title for a fiscal year to each State educational agency for which the Secretary has approved an application under subsection (f) in an amount equal to the allotment determined for such agency under subsection (c) for such fiscal year.
(b)
Reservations— From the total amount made available to carry out this title for a fiscal year, the Secretary—
(1)
shall reserve not more than 1 percent for the Secretary of the Interior (on behalf of the Bureau of Indian Affairs) and the outlying areas for activities carried out in accordance with this section;
(2)
shall reserve 1 percent to evaluate the effectiveness of this title in achieving the purposes of this title and ensuring that results are peer-reviewed and widely disseminated, which may include hiring an outside evaluator; and
(3)
shall reserve 5 percent for technical assistance and dissemination of best practices in middle grades education to States and local educational agencies.
(c)
Amount of State allotments—
(1)
In general— Except as provided in paragraph (2), of the total amount made available to carry out this title for a fiscal year and not reserved under subsection (b), the Secretary shall allot such amount among the States in proportion to the number of children, aged 5 to 17, who reside within the State and are from families with incomes below the poverty line for the most recent fiscal year for which satisfactory data are available, compared to the number of such individuals who reside in all such States for that fiscal year, determined in accordance with section 1124(c)(1)(A) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6333(c)(1)(A)).
(2)
Minimum allotments— No State educational agency shall receive an allotment under this subsection for a fiscal year that is less than 1/2 of 1 percent of the amount made available to carry out this title for such fiscal year.
(d)
Special rule— For any fiscal year for which the funds appropriated to carry out this title are less than $500,000,000, the Secretary is authorized to award grants to State educational agencies, on a competitive basis, rather than as allotments described in this section, to enable such agencies to award subgrants under section 104 on a competitive basis.
(e)
Reallotment—
(1)
Failure to apply; application not approved— If any State educational agency does not apply for an allotment under this title for a fiscal year, or if the application from the State educational agency is not approved, the Secretary shall reallot the amount of the State's allotment to the remaining States in accordance with this section.
(2)
Unused funds— The Secretary may reallot any amount of an allotment to a State if the Secretary determines that the State will be unable to use such amount within 2 years of such allotment. Such reallotments shall be made on the same basis as allotments are made under subsection (c).
(f)
Application— In order to receive a grant under this title, a State educational agency shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require, including a State middle grades improvement plan described in section 103(a)(4).
(g)
Peer review and selection— The Secretary—
(1)
shall establish a peer-review process to assist in the review and approval of proposed State applications;
(2)
shall appoint individuals to participate in the peer-review process who are educators and experts in identifying, evaluating, and implementing effective education programs and practices (including in the areas of teaching and learning, educational standards and assessments, school improvement, rates of suspension and expulsion, and academic and behavioral supports for middle grades students, and in addressing the needs of students with disabilities and English language learners in the middle grades), which individuals may include recognized exemplary middle grades teachers and middle grades principals who have been recognized at the State or national level for exemplary work or contributions to the field;
(3)
shall ensure that States are given the opportunity to receive timely feedback, and to interact with peer-review panels, in person or via electronic communication, on issues that need clarification during the peer-review process;
(4)
shall approve a State application submitted under this title not later than 120 days after the date of submission of the application unless the Secretary determines that the application does not meet the requirements of this title;
(5)
may not decline to approve a State's application before—
(A)
offering the State an opportunity to revise the State's application;
(B)
providing the State with technical assistance in order to submit a successful application; and
(C)
providing a hearing to the State; and
(6)
shall direct the Inspector General of the Department of Education to—
(A)
review final determinations reached by the Secretary to approve or deny State applications;
(B)
analyze the consistency of the process used by peer-review panels in reviewing and recommending to the Secretary approval or denial of such State applications; and
(C)
report the findings of this review and analysis to Congress.

Sec. 103 State plan; authorized activities

(a)
Mandatory activities—
(1)
In general— A State educational agency that receives a grant under this title shall use the grant funds—
(A)
to prepare and implement the needs analysis and middle grades improvement plan, as described in paragraphs (3) and (4), of such agency;
(B)
to make subgrants to eligible local educational agencies or eligible entities under section 104; and
(C)
to assist eligible local educational agencies and eligible entities, when determined necessary by the State educational agency or at the request of an eligible local educational agency or eligible entity, in designing a comprehensive schoolwide improvement plan and carrying out the activities under section 104.
(2)
Funds for subgrants— A State educational agency that receives a grant under this title shall use not less than 80 percent of the grant funds to make subgrants to eligible local educational agencies or eligible entities under section 104.
(3)
Middle grades needs analysis—
(A)
In general— A State educational agency that receives a grant under this title shall enter into a contract, or similar formal agreement, to work with entities such as national and regional comprehensive centers (as described in section 203 of the Educational Technical Assistance Act of 2002 (20 U.S.C. 9602)), institutions of higher education, or nonprofit organizations with demonstrated expertise in high-quality middle grades reform, to prepare a plan that analyzes how to strengthen the programs, practices, and policies of the State in supporting students in the middle grades, including the factors, such as local implementation, that influence variation in the effectiveness of such programs, practices, and policies.
(B)
Preparation of plan— In preparing the plan under subparagraph (A), the State educational agency shall examine policies and practices of the State, and of local educational agencies within the State, affecting—
(i)
middle grades curriculum instruction and assessment;
(ii)
education accountability and data systems;
(iii)
teacher quality and equitable distribution;
(iv)
interventions that support learning in school;
(v)
family and community engagement in education; and
(vi)
student and academic support services, such as effective school library programs and school counseling on the transition to secondary school and planning for entry into postsecondary education and the workforce.
(4)
Middle grades improvement plan—
(A)
In general— A State educational agency that receives a grant under this title shall develop a middle grades improvement plan that—
(i)
shall be a statewide plan to improve student academic achievement in the middle grades, based on the needs analysis described in paragraph (3); and
(ii)
describes what students are required to know and do to successfully—
(I)
complete the middle grades; and
(II)
make the transition to succeed in academically rigorous secondary school coursework and graduate from secondary school college and career ready.
(B)
Plan components— A middle grades improvement plan described in subparagraph (A) shall also describe how the State educational agency will do each of the following:
(i)
(I)
Ensure that the curricula and assessments for middle grades education are aligned with secondary school curricula and assessments and prepare students to take challenging secondary school courses and successfully engage in postsecondary education.
(II)
Ensure coordination, where applicable, with the activities carried out through grants for P–16 education alignment under section 6201(c)(1) of the America COMPETES Act (20 U.S.C. 9871).
(III)
Ensure that the transition from elementary school to the middle grades is supported through programs that promote successful social, emotional, and cognitive development.
(ii)
Ensure that professional development is provided to school leaders, teachers, and other school personnel in—
(I)
addressing the needs of diverse learners, including students with disabilities and English language learners;
(II)
using challenging and relevant research-based best practices and curricula; and
(III)
using data to inform instruction.
(iii)
Identify and disseminate information on effective schools and instructional strategies for middle grades students based on high-quality research.
(iv)
Include specific provisions for students most at risk of not graduating from secondary school, including English language learners and students with disabilities.
(v)
Provide technical assistance to eligible entities to develop and implement their early warning indicator and intervention systems, as described in section 104(d)(2)(D).
(vi)
Define a set of comprehensive school performance indicators that shall be used, in addition to the indicators used to determine adequate yearly progress, as defined in section 1111(b)(2)(C) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(C)), to evaluate school performance, and guide the school improvement process, such as—
(I)
student attendance and absenteeism;
(II)
earned on-time promotion rates from grade to grade;
(III)
percentage of students failing a mathematics, reading or language arts, or science course, or failing 2 or more of any courses;
(IV)
teacher quality and attendance measures;
(V)
in-school and out-of-school suspension or other measurable evidence of at-risk behavior; and
(VI)
additional indicators proposed by the State educational agency, and approved by the Secretary pursuant to the peer-review process described in section 102(g).
(vii)
Ensure that such plan is coordinated with State activities to turn around other schools in need of improvement, including State activities to improve secondary schools and elementary schools.
(viii)
Ensure that such plan includes specific provisions to improve family and community engagement in education in the middle grades.
(b)
Permissible activities— A State educational agency that receives a grant under this title may use the grant funds to—
(1)
develop and encourage collaborations among researchers at institutions of higher education, State educational agencies, educational service agencies (as defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)), local educational agencies, and nonprofit organizations with demonstrated expertise in high-quality middle grades interventions, to expand the use of effective practices in the middle grades and to improve middle grades education;
(2)
support local educational agencies in implementing effective middle grades practices, models, and programs that—
(A)
are evidence-based or, when available, scientifically valid; and
(B)
lead to improved student academic achievement;
(3)
support collaborative communities of middle grades teachers, administrators, school librarians, and researchers in creating and sustaining informational databases to disseminate results from rigorous research on effective practices and programs for middle grades education; and
(4)
increase middle grades student and academic support services, such as effective school library programs and school counseling on the transition to secondary school and planning for entry into postsecondary education and the workforce.

Sec. 104 Competitive subgrants to improve low-performing middle grades

(a)
In general— A State educational agency that receives a grant under this title shall make competitive subgrants to eligible local educational agencies and eligible entities to enable the eligible local educational agencies and eligible entities to improve low-performing middle grades in schools served by the agencies or entities.
(b)
Priorities— In making subgrants under subsection (a), a State educational agency shall give priority to eligible local educational agencies or eligible entities based on—
(1)
the respective populations of children described in section 102(c)(1) served by the eligible local educational agencies participating in the subgrant application process; and
(2)
the respective populations of children served by the participating eligible local educational agencies who attend eligible schools.
(c)
Application— An eligible local educational agency or eligible entity that desires to receive a subgrant under subsection (a) shall submit an application to the State educational agency at such time, in such manner, and accompanied by such information as the State educational agency may reasonably require, including—
(1)
a comprehensive schoolwide improvement plan described in subsection (d);
(2)
a description of how activities described in such plan will be coordinated with activities specified in plans for schoolwide programs under section 1114 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6314) and school improvement plans required under section 1116(b)(3) of such Act (20 U.S.C. 6316(b)(3)); and
(3)
a description of how activities described in such plan will be complementary to, and coordinated with, school improvement activities for elementary schools and secondary schools in need of improvement that serve the same students within the participating local educational agency.
(d)
Comprehensive schoolwide improvement plan— An eligible local educational agency or eligible entity that desires to receive a subgrant under subsection (a) shall develop a comprehensive schoolwide improvement plan for the middle grades that shall—
(1)
include the information described in subsection (c)(2);
(2)
describe how the eligible local educational agency or eligible entity will—
(A)
identify eligible schools;
(B)
ensure that funds go to the highest priority eligible schools first, based on the eligible schools' populations of children described in section 102(c)(1);
(C)
use funds to close achievement gaps and improve the academic achievement of all students, including English language learners and students with disabilities, in eligible schools;
(D)
implement an early warning indicator and intervention system to alert schools when students begin to exhibit outcomes or behaviors that indicate the student is at increased risk for low academic achievement or is unlikely to progress to secondary school graduation, and to create a system of evidence-based interventions to be used by schools to effectively intervene, by—
(i)
identifying and analyzing, such as through the use of longitudinal data of past cohorts of students, the academic and behavioral indicators in the middle grades that most reliably predict dropping out of secondary school, such as attendance, chronic absenteeism, behavior measures (including suspensions, officer referrals, or conduct marks), academic performance in core courses, and earned on-time promotion from grade-to-grade;
(ii)
analyzing student progress and performance on the indicators identified under clause (i) to guide decisionmaking;
(iii)
analyzing academic indicators to determine whether students are on track to graduate on time, and developing appropriate evidence-based intervention; and
(iv)
identifying or developing a mechanism for regularly collecting and reporting—
(I)
student-level data on the indicators identified under clause (i);
(II)
student-level progress and performance, as described in clause (ii);
(III)
student-level data on the indicators described in clause (iii); and
(IV)
information about the impact of interventions on student outcomes and progress;
(E)
increase academic rigor and foster student engagement to ensure students are entering secondary school prepared for success in a rigorous college- and career-ready curriculum, including a description of how such readiness will be measured;
(F)
implement a systemic transition plan for all students and encourage collaboration among elementary grades, middle grades, and secondary school grades to support the successful transition between grades;
(G)
increase community and family engagement in education in the middle grades to support student success; and
(H)
provide evidence that the strategies, programs, supports, and instructional practices proposed under the schoolwide improvement plan are new and have not been implemented before by the eligible local educational agency or eligible entity; and
(3)
provide evidence of an ongoing commitment to sustain the plan for a period of not less than 4 years.
(e)
Review and selection of subgrants— In making subgrants under subsection (a), the State educational agency shall—
(1)
establish a peer-review process to assist in the review and approval of applications under subsection (c); and
(2)
appoint individuals to participate in the peer-review process who are educators and experts in identifying, evaluating, and implementing effective education programs and practices, including—
(A)
experts in areas of teaching and learning, educational standards and assessments, school improvement, in addressing the needs of students with disabilities and English language learners in the middle grades, and in the academic and behavioral supports for middle grades students; and
(B)
recognized exemplary middle grades teachers and principals who have been recognized at the State or national level for exemplary work or contributions to the field.
(f)
Revision of subgrants— If a State educational agency, using the peer-review process described in subsection (e), determines that an application for a grant under subsection (a) does not meet the requirements of this title, the State educational agency shall notify the eligible local educational agency or eligible entity of such determination and the reasons for such determination, and offer—
(1)
the eligible local educational agency or eligible entity an opportunity to revise and resubmit the application; and
(2)
technical assistance to the eligible local educational agency or eligible entity, by the State educational agency or a nonprofit organization with demonstrated expertise in high-quality middle grades interventions, to revise the application.
(g)
Mandatory uses of funds— An eligible local educational agency or eligible entity that receives a subgrant under subsection (a) shall carry out the following:
(1)
Align the curricula for grades kindergarten through 12 for schools within the local educational agency to improve transitions from elementary grades to middle grades to secondary school grades.
(2)
In each eligible school served by the eligible local educational agency receiving or participating in the subgrant:
(A)
Align the curricula for all grade levels within eligible schools to improve grade to grade transitions.
(B)
Implement evidence-based or, when available, scientifically valid instructional strategies, programs, and learning environments that meet the needs of all students and ensure that school leaders and teachers receive professional development on the use of these strategies.
(C)
Ensure that school leaders, teachers, pupil service personnel, school librarians, and other school staff understand the developmental stages of adolescents in the middle grades and how to deal with those stages appropriately in an educational setting.
(D)
Implement organizational practices and school schedules that allow for effective leadership, collaborative staff participation, professional development, effective teacher instructional teaming, and parent and community involvement.
(E)
Create a more personalized and engaging learning environment for middle grades students by developing a personal academic plan for each student and assigning not less than 1 adult to help monitor student progress.
(F)
Provide all students, and the students' families, with information about, and assistance with, the requirements for secondary school graduation, admission to an institution of higher education, and career success.
(G)
Utilize data from an early warning indicator and intervention system described in subsection (d)(2)(D) to identify struggling students and assist the students as the students transition from elementary school to middle grades to secondary school.
(H)
Implement academic supports, such as effective school library programs, and effective and coordinated additional assistance programs to ensure that students have a strong foundation in reading, writing, mathematics, and science skills.
(I)
Implement evidence-based or, when available, scientifically valid schoolwide programs and targeted supports to promote positive academic outcomes, such as increased attendance rates and the promotion of physical, personal, and social development.
(J)
Develop and use effective formative assessments to inform instruction.
(h)
Permissible uses of funds— An eligible local educational agency or eligible entity that receives a subgrant under subsection (a) may use the subgrant funds to carry out the following:
(1)
Implement extended learning opportunities in core academic areas including more instructional time in literacy, mathematics, science, history, and civics in addition to opportunities for language instruction and understanding other cultures and the arts.
(2)
Provide evidence-based professional development activities with specific benchmarks to enable teachers and other school staff to appropriately monitor academic and behavioral progress of, and modify curricula and implement accommodations and assistive technology services for, students with disabilities, consistent with the students' individualized education programs under section 614(d) of the Individuals with Disabilities Education Act (20 U.S.C. 1414(d)).
(3)
Employ and use instructional coaches, including literacy, mathematics, and English language learner coaches.
(4)
Provide professional development for content-area teachers and school librarians on working effectively with English language learners and students with disabilities, as well as professional development for English as a second language educators, bilingual educators, and special education personnel.
(5)
Provide professional development in areas that support decreasing rates of suspension and expulsion.
(6)
Encourage and facilitate the sharing of data among elementary grades, middle grades, secondary school grades, and postsecondary educational institutions.
(7)
Create collaborative study groups composed of principals or middle grades teachers, or both, among eligible schools within the eligible local educational agency receiving or participating in the subgrant, or between such eligible local educational agency and another local educational agency, with a focus on developing and sharing methods to increase student learning and academic achievement.
(i)
Planning subgrants—
(1)
In general— In addition to the subgrants described in subsection (a), a State educational agency may (without regard to the preceding provisions of this section) make planning subgrants, and provide technical assistance, to eligible local educational agencies and eligible entities that have not received a subgrant under subsection (a) to assist the local educational agencies and eligible entities in meeting the requirements of subsections (c) and (d).
(2)
Amount and duration— Each subgrant under this subsection shall be in an amount of not more than $100,000 and shall be for a period of not more than 1 year in duration.

Sec. 105 Duration of grants; supplement not supplant

(a)
Duration of grants—
(1)
In general— Except as provided in paragraph (2), grants under this title and subgrants under section 104(a) may not exceed 3 years in duration.
(2)
Renewals—
(A)
In general— Grants and subgrants under this title may be renewed in 2-year increments.
(B)
Conditions— In order to be eligible to have a grant or subgrant renewed under this paragraph, the grant or subgrant recipient shall demonstrate, to the satisfaction of the granting entity, that—
(i)
the recipient has complied with the terms of the grant or subgrant, including by undertaking all required activities; and
(ii)
during the period of the grant or subgrant, there has been significant progress in—
(I)
student academic achievement, as measured by the annual measurable objectives established pursuant to section 1111(b)(2)(C)(v) of the Elementary and Secondary Education Act (20 U.S.C. 6311(b)(2)(C)(v)); and
(II)
other key risk factors such as attendance, rates of chronic absenteeism, and on-time promotion.
(b)
Federal funds To supplement, not supplant, non-Federal funds—
(1)
In general— A State educational agency, eligible local educational agency, or eligible entity shall use Federal funds received under this title only to supplement the funds that would, in the absence of such Federal funds, be made available from non-Federal sources for the education of pupils participating in programs assisted under this title, and not to supplant such funds.
(2)
Special rule— Nothing in this title shall be construed to authorize an officer, employee, or contractor of the Federal Government to mandate, direct, limit, or control a State, local educational agency, or school's specific instructional content, academic achievement standards and assessments, curriculum, or program of instruction.

Sec. 106 Evaluation and reporting

(a)
Evaluation— Not later than 180 days after the date of enactment of this Act, and annually thereafter for the period of the grant, each State receiving a grant under this title shall—
(1)
conduct an evaluation of the State's progress regarding the impact of the changes made to the policies and practices of the State in accordance with this title, including—
(A)
a description of the specific changes made, or in the process of being made, to policies and practices as a result of the grant;
(B)
a discussion of any barriers hindering the identified changes in policies and practices, and implementation strategies to overcome such barriers;
(C)
evidence of the impact of changes to policies and practices on behavior and actions at the local educational agency and school level; and
(D)
evidence of the impact of the changes to State and local policies and practices on improving measurable learning gains by middle grades students;
(2)
use the results of the evaluation conducted under paragraph (1) to adjust the policies and practices of the State as necessary to achieve the purposes of this title; and
(3)
submit the results of the evaluation to the Secretary.
(b)
Availability— The Secretary shall make the results of each State's evaluation under subsection (a) available to other States and local educational agencies.
(c)
Local educational agency reporting— On an annual basis, each eligible local educational agency and eligible entity receiving a subgrant under section 104(a) shall report to the State educational agency and to the public on—
(1)
the performance on the school performance indicators (as described in section 103(a)(4)(B)(vi)) for each eligible school served by the eligible local educational agency or eligible entity, in the aggregate and disaggregated by the subgroups described in section 1111(b)(2)(C)(v)(II) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(C)(v)(II)); and
(2)
the use of funds by the eligible local educational agency or eligible entity and each such school.
(d)
State educational agency reporting— On an annual basis, each State educational agency receiving grant funds under this title shall report to the Secretary and to the public on—
(1)
the performance of eligible schools in the State, based on the school performance indicators described in section 103(a)(4)(B)(vi), in the aggregate and disaggregated by the subgroups described in section 1111(b)(2)(C)(v)(II) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(C)(v)(II)); and
(2)
the use of the funds by each eligible local educational agency in the State and by each eligible school.
(e)
Report to Congress— Every 2 years, the Secretary shall report to the public and to Congress—
(1)
a summary of the State reports under subsection (d); and
(2)
the use of funds by each State under this title.

Sec. 107 Authorization of appropriations

There are authorized to be appropriated to carry out this title $1,000,000,000 for fiscal year 2014 and such sums as may be necessary for each of the 5 succeeding fiscal years.