To support innovation schools.

SA 2185. Mr. WHITEHOUSE submitted an amendment intended to be
proposed to amendment SA 2089 submitted by Mr. Alexander (for himself
and Mrs. Murray) to the bill S. 1177, to reauthorize the Elementary and
Secondary Education Act of 1965 to ensure that every child achieves;
which was ordered to lie on the table; as follows:

On page 630, between lines 4 and 5, insert the following:

``PART J--INNOVATION SCHOOLS DEMONSTRATION AUTHORITY

``SEC. 5910. INNOVATION SCHOOLS.

``(a) Purpose.--The purpose of the flexibility authority
under this part is to provide local educational agencies with
the flexibility to create locally-designed innovation schools
in order to achieve increased autonomy and support for
innovation schools.
``(b) Definitions.--In this part:
``(1) Eligible entity.--The term `eligible entity' means a
local educational agency that receives a local flexibility
agreement under this part.
``(2) Eligible state educational agency.--The term
`eligible State educational agency' means a State educational
agency that has adopted policies or procedures that allow the
development, consideration, and approval of innovation school
plans, consistent with the provisions of this part.
``(3) Innovation school.--The term `innovation school'
means a public school that--
``(A) is established for the purpose of generating enhanced
opportunities for students to learn and achieve through
increased educator and school-level professional autonomy and
flexibility;
``(B) is a collaborative initiative enjoying strong buy-in,
pursuant to subparagraphs (F) and (G) of subsection (f)(1),
from key stakeholders, including parents, education
employees, and representatives of such employees, where
applicable;
``(C) ensures equitable access for all student populations;
``(D) operates with the same degree of transparency and is
held to the same accountability standards applicable to other
schools in the school district served by the local
educational agency that serves the innovation school; and
``(E) is not a magnet school.
``(c) Authority.--
``(1) In general.--Except as provided in paragraph (2), the
Secretary is authorized to allow eligible State educational
agencies to receive flexibility authority to provide local
educational agencies with flexibility agreements if such
eligible State educational agencies--
``(A) demonstrate that flexibility agreements are necessary
for the successful operation of innovation schools; and
``(B) provide a description of any State or local rules,
generally applicable to public schools, that will be waived,
or otherwise not apply, to innovation schools.
``(2) Exception.--Flexibility authority and flexibility
agreements shall not be granted under paragraph (1) with
respect to any provision under part B of the Individuals with
Disabilities Education Act, title VI of the Civil Rights Act
of 1964, or section 504 of the Rehabilitation Act of 1973.
``(d) Selection of Local Educational Agencies.--Each
eligible State educational agency receiving flexibility
authority under subsection (c) shall, to the extent
practicable and applicable, ensure that local flexibility
agreements made with eligible entities--
``(1) prioritize local educational agencies that--
``(A) serve the largest numbers or percentages of students
from low-income families; or
``(B) will use the provided flexibility for innovative
strategies in schools identified as in need of intervention
and support under section 1114; and
``(2) are geographically diverse, including provided to
local educational agencies serving urban, suburban, or rural
areas.
``(e) State Applications and Requirements.--
``(1) In general.--An eligible State educational agency
desiring to receive flexibility authority under this part
shall submit an application to the Secretary at such time and
in such manner as the Secretary may require. The application
shall include the following:
``(A) Description of program.--A description of the
eligible State educational agency's objectives in supporting
innovation schools, and how the objectives of the program
will be carried out, including--
``(i) a description of how the State educational agency
will--

[[Page S4966]]

``(I) support the success of innovation schools;
``(II) inform local educational agencies, communities, and
schools of the opportunity for local flexibility agreements
under this part;
``(III) work with eligible entities to ensure that
innovation schools access all Federal, State, and local funds
such schools are eligible to receive;
``(IV) work with eligible entities to ensure that
innovation schools receive waivers to all Federal, State, and
local laws necessary to implement innovation schools'
innovation plans;
``(V) ensure each eligible entity works with innovation
schools to ensure inclusion of all students and promote
retention of students in the school; and
``(VI) share best and promising practices among innovation
schools and other schools;

``(ii) a description of how the State educational agency
will actively monitor each eligible entity in a local
flexibility agreement to hold innovation schools accountable
to ensure a high-quality education, including by approving,
re-approving, and revoking the innovation plan and its
attendant flexibility based on the performance of the
innovation school, in the areas of student achievement,
student safety, financial management, and compliance with all
applicable statutes; and
``(iii) a description of how the State educational agency
will approve local flexibility agreements, including--

``(I) a description of the application each local
educational agency desiring to enter into such a flexibility
agreement will submit, which application shall include--

``(aa) the school innovation plan;
``(bb) a description of the roles and responsibilities of
local educational agencies and of any other organizations
with which the local educational agency will partner to open
innovation schools, including administrative and contractual
roles and responsibilities;
``(cc) a description of the quality controls that will be
used by the local educational agency, such as a contract or
performance agreement that includes a school's performance in
the State's academic accountability system and impact on
student achievement;
``(dd) a description of the planned activities to be
carried out under the flexibility agreement; and
``(ee) a description of waivers and other flexibility
needed to implement the school innovation plan; and

``(II) a description of how the State educational agency
will review applications from local educational agencies.

``(B) State assurances.--Assurances from the State
educational agency that--
``(i) each eligible entity will ensure that innovation
schools have a high degree of autonomy over budget and
operations;
``(ii) the State educational agency--

``(I) and each eligible entity entering into a local
flexibility agreement under this section will ensure that
each innovation school that receives funds under the entity's
program is meeting the requirements of this Act, , part B of
the Individuals with Disabilities Education Act, title VI of
the Civil Rights Act of 1964, and section 504 of the
Rehabilitation Act of 1973; and
``(II) will ensure that each eligible entity adequately
monitors and provides adequate technical assistance to each
innovation school in recruiting, enrolling, and meeting the
needs of all students, including children with disabilities
and English learners;

``(iii) the State educational agency will ensure that the
eligible entity will monitor innovation schools, including
by--

``(I) using annual performance data, including graduation
rates and student academic achievement data, as appropriate;
``(II) if applicable, reviewing the schools' independent,
annual audits of financial statements conducted in accordance
with generally accepted accounting principles, and ensuring
any such audits are publically reported; and
``(III) holding innovation schools accountable to the
academic, financial, and operational quality controls
outlined in the innovation plan, such as through renewal,
non-renewal, or revocation of the school's innovation plan;

``(iv) the State educational agency will ensure that, to
the greatest extent possible, State and local rules,
generally applicable to public schools, will be waived, or
otherwise not apply, to the extent necessary, to innovation
plans at each innovation school;
``(v) eligible entities will ensure that each innovation
school makes publicly available information to help parents
make informed decisions about the education options available
to their children, including information on the educational
program, student support services, and annual performance and
enrollment data for students in the innovation school; and
``(vi) the State educational agency consulted with local
educational agencies, schools, teachers, principals, other
school leaders, and parents in developing the State
application.
``(2) Additional elements.--The provisions of peer review,
approval, determination, demonstration, revision,
disapproval, limitations, public review, and additional
information applicable to State plans under paragraphs (3),
(4), (5), (6), (7), and (8)(B) of section 1111(a) shall apply
in the same manner to State applications submitted under this
subsection.
``(f) Local Educational Agency Applications and
Requirements.--A local educational agency that desires to
enter into a local flexibility agreement shall submit to the
State educational agency such information that the State
educational agency shall require, including--
``(1) the plans for all approved innovation schools to be
served by the local educational agency, which shall include--
``(A) a statement of the innovations school's mission and
why designation as an innovation school would enhance the
school's ability to achieve its mission;
``(B) a description of the innovations the public school
would implement, which may include, innovations in school
staffing, curriculum and assessment, class scheduling and
size, use of financial and other resources, and faculty
recruitment, employment, evaluation, compensation, and
extracurricular activities;
``(C) if the innovation school seeks to establish an
advisory board, a description of--
``(i) the membership of the board (which may include
representatives of teachers, parents, students, the local
educational agency, the State educational agency, the
business community, institutions of higher education, or
other community representatives);
``(ii) its responsibilities in designing and furthering the
mission of the innovation school; and
``(iii) how the board will ensure coordination with the
local educational agency and State educational agency;
``(D) a listing of the programs, policies, or operational
documents within the public school that would be affected by
the public school's identified innovations and the manner in
which they would be affected, which shall include--
``(i) the research-based educational program the school
would implement;
``(ii) the length of school day and school year at the
school;
``(iii) the student engagement policies to be implemented
at the school;
``(iv) the school's instruction and assessment plan;
``(v) the school's plan to use data, evaluation, and
professional learning to improve student achievement;
``(vi) the proposed budget for the school;
``(vii) the proposed staffing plan or staff compensation
model for the school; and
``(viii) the professional development needs of leaders and
staff to implement the program and how those needs will be
addressed;
``(E) an identification of the improvements in academic
performance that the school expects to achieve in
implementing the innovations;
``(F) evidence that a majority of the administrators
employed at the public school support the request for
designation as an innovation school;
``(G) evidence that not less than two-thirds of the
regularly employed employees at the school vote by secret
ballot to approve the school's innovation school plan;
``(H) evidence that the school has strong parental support,
demonstrated in a manner determined appropriate by the State
educational agency;
``(I) a description of any regulatory or policy
requirements that would need to be waived for the public
school to implement its identified innovations; and
``(J) any additional information required by the local
educational agency in which the innovation plan would be
implemented;
``(2) a description of any rules or regulations that the
local educational agency will waive in order to provide
autonomy to the innovation schools and why waiving such
regulations will benefit students;
``(3) a description of any State regulations that the local
educational agency seeks to waive in order to provide
autonomy to innovation schools, and why waiving such
regulations will benefit students; and
``(4) a description of the process that the local
educational agency will use to regularly review the progress
of innovation schools, including student performance and
performance in the State's accountability system and decide
whether to revoke or continue the innovation school's
autonomy.
``(g) Teacher Certification Requirements.--
``(1) In general.--Notwithstanding any other provision of
this part, except as provided under paragraph (2), not more
than 5 percent of the teachers in an innovation school
granted flexibility under this part may be unlicensed or
uncertified at any one time. Such unlicensed or uncertified
teachers shall become licensed or certified within 3 years of
being hired.
``(2) State requirements.--Innovation schools located in a
State with a more lenient teacher license or certification
requirement than the requirement described in paragraph (1)
may hire teachers in accordance with State teacher license or
certification requirements.
``(h) Reporting Requirements and Assessments.--
``(1) Reporting.--Each eligible State educational agency
receiving the flexibility authority granted by the Secretary
under this section shall submit to the Secretary, at the end
of the third year of the demonstration period and at the end
of any renewal period, a report that includes the following:
``(A) The number of students served by each innovation
school under this part and, if applicable, the number of new
students served during each year of the demonstration period,
expressed as a total number and as a percentage of the
students enrolled in the State and relevant local educational
agencies.

[[Page S4967]]

``(B) The number of innovation schools served under this
part.
``(C) An overview of the innovations implemented in the
innovation schools and the innovation school zones in the
districts of innovation.
``(D) An overview of the academic performance of the
students served in innovation schools, including a comparison
between the students' academic performance before and since
implementation of the innovations.
``(2) Evaluation.--The Director of the Institute of
Education Sciences (or a comparable, independent research
organization) shall conduct an evaluation of the program
under this part after year 3 and 5 of the program and every 2
years thereafter.
``(i) Rule of Construction and Prohibitions.--
``(1) Rule of construction regarding employment.--Nothing
in this part shall be construed to alter or otherwise affect
the rights, remedies, and procedures afforded school or
school district employees under Federal, State or local laws
(including applicable regulations or court orders) or under
the terms of collective bargaining agreements, memoranda of
understanding, or other agreements between such employees and
their employers.
``(2) Prohibition on federal interference with state and
local decisions.--Nothing in this part shall be construed to
permit the Secretary to establish any criterion that
specifies, defines, or prescribes the terms governing
innovation schools served under this part.
``(j) Duration of Flexibility Demonstration Authority and
Agreements.--
``(1) Flexibility demonstration authority.--Flexibility
demonstration authority under this part shall be awarded for
a period that shall not exceed 5 fiscal years, and may be
renewed by the Secretary for 1 additional 2-year period.
``(2) Local flexibility agreements.--Local flexibility
agreements awarded by an eligible State educational agency
under this part shall be for a period of not more than 5
years.''.
______