S.Amdt. 2189

SA 2189. Ms. BALDWIN (for herself and 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:

SEC. 5011. IMPROVING SECONDARY SCHOOLS.

Title V (20 U.S.C. 7201 et seq.), as amended by section
5001, is further amended by inserting after part I, as added
by section 5010, the following:

``PART J--IMPROVING SECONDARY SCHOOLS

``SEC. 5910. PURPOSES.

``The purposes of this part are to increase the number and
percentage of students who--
``(1) successfully matriculate from middle school to high
school;
``(2) graduate from high school college- and career-ready
with the ability to use knowledge to solve complex problems,
think critically, communicate effectively, collaborate with
others, and develop academic mindsets;
``(3) earn college-level credit and postsecondary
credentials, including industry-based credentials, such as
through early college and dual enrollment while in high
school;
``(4) successfully complete sequencing of coursework that
integrates rigorous academics with career-based learning and
real world workplace experiences; and
``(5) graduate from high school prepared to pursue
postsecondary degrees in science, technology, engineering,
and mathematics, particularly for student groups historically
underrepresented in these fields.

``SEC. 5911. DEFINITIONS.

``In this part:
``(1) Applied learning.--The term `applied learning' means
a strategy that engages students in opportunities to apply
rigorous academic content aligned with college-level
expectations to real world experience, through such means as
project-based, work-based, or service-based learning, and
develops students' cognitive competencies and pertinent
employability skills.
``(2) Attrition.--The term `attrition' means the reduction
in a school's student population as a result of transfers or
dropouts and includes students who have been enrolled for a
minimum of 3 weeks within the academic year.
``(3) Chronically absent.--The term `chronically absent',
when used with respect to a student--
``(A) means a student who misses not less than 10 percent
of the school days at a school; and
``(B) does not include any school days a student misses due
to an in-school or out-of-school suspension, or for which a
student was not enrolled at such school.
``(4) Competency-based learning model.--
``(A) In general.--The term `competency-based learning
model' means an education model in which students advance
academically based upon multiple demonstrations of competence
in defined content-specific concepts and higher order skills,
such as critical thinking and problem solving.
``(B) Requirements.--In a competency-based learning model
the following applies:
``(i) Competencies include explicit, measurable, and
transferable learning objectives.
``(ii) Assessment is used to identify gaps in a student's
knowledge and to provide frequent and meaningful feedback on
the student's progression toward filling such gaps and moving
on to higher levels of knowledge.
``(iii) Each student receives timely, differentiated
support based on the student's individual learning needs.
``(iv) Student agency is emphasized through transparency of
goals and gaps in knowledge, and multiple means to close
those gaps.
``(5) Eligible entity.--The term `eligible entity' means a
local educational agency or a consortium of local educational
agencies--
``(A) in partnership with--
``(i) 1 or more institutions of higher education; and
``(ii) 1 or more employers, which may be a nonprofit
organization, community-based organization, State or local
government agency, business, or an industry-related
organization; and
``(B) that may include 1 or more external partners, such as
a qualified intermediary.
``(6) Eligible high school.--The term `eligible high
school' means a high school that--
``(A) does not receive funding under section 1114(c);
``(B) serves a student population of which not less than 40
percent are from low-income families as determined by the
local educational agency serving such school; and
``(C) has a 4-year adjusted cohort graduation rate for all
students or for multiple subgroups of students at or below 67
percent, except in the case of a high school that, at the
time of applying for the grant under this part, is a new high
school, as determined by the Secretary.
``(7) Eligible middle school.--The term `eligible middle
school' means a middle school--
``(A) that does not receive funding under section 1114(c);
``(B) that serves a student population of which not less
than 40 percent are from low-income families as determined by
the local educational agency serving such school; and
``(C) from which a significant number or percentage of
students go on to attend an eligible high school.
``(8) Industry-based credential.--The term `industry-based
credential' has the meaning given the term `recognized
postsecondary credential' in section 3 of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3102).
``(9) Personalized learning.--The term `personalized
learning' means a learning environment that addresses
students' academic and non-academic needs and provides
students with an individualized sequence of academic content,
skill development, support services, and ensures that each
student has an advisor designed to enable the student to
achieve the student's individual learning goals and ensure
the student graduates on time and ready for college and a
career by having developed skills and competencies, including
the ability to think critically, solve complex or non-routine
problems, evaluate arguments on the basis of evidence, and
communicate effectively.
``(10) Qualified intermediary.--The term `qualified
intermediary' means an entity that has--
``(A) a demonstrated record of working on grant-related
middle school and high school redesign activities; and
``(B) expertise in building and sustaining partnerships
with entities such as employers, schools, community-based
organizations, institutions of higher education, social
service organizations, economic development organizations,
and workforce systems to broker services, resources, and
supports to youth and the organizations and systems that are
designed to serve youth (including connecting employers to
classrooms, designing and implementing contextualized
pathways to postsecondary education and careers, developing
integrated curricula, delivering professional development,
and connecting students to internships and other work-based
learning opportunities).
``(11) Student-centered learning approaches.--The term
`student-centered learning approaches' means instruction and
curriculum that--
``(A) are--
``(i) based on personalized learning; and
``(ii) mastery oriented or based on competency-based
learning models;
``(B) enable students to have supports to take increased
responsibility over their education and develop self-
regulation skills; and
``(C) are designed to foster the skills and dispositions
students need to succeed in college, career, and citizenship,
and the competencies described under paragraph (4).
``(12) Transfer rate.--The term `transfer rate' means the
rate at which students transfer from one high school to
another high school, or from one high school to another
education setting, for a reason other than due to a change in
primary residence, as verified through written documentation
by the local educational agency serving the student at the
time of the transfer.

``SEC. 5912. GRANTS AUTHORIZED.

``(a) Program Authorized.--
``(1) In general.--The Secretary shall make grants to State
educational agencies with approved State plans to achieve the
purposes of this part.
``(2) Competitive basis.--For any fiscal year for which the
amount appropriated under section 5916 is less than
$300,000,000, the Secretary shall award grants to State
educational agencies under paragraph (1) on a competitive
basis.
``(3) Formula basis.--For any fiscal year for which the
amount appropriated under section 5916 is equal to or more
than $300,000,000, the Secretary shall award grants

[[Page S4970]]

to State educational agencies from allotments made under
subsection (b).
``(b) Determination of Allotments.--
``(1) Reservation of funds.--For any fiscal year for which
the amount appropriated under section 5916 is equal to or
more than $300,000,000, the Secretary shall reserve, from the
total amount appropriated under section 5916 for the fiscal
year--
``(A) one half of 1 percent, which shall be awarded, on a
competitive basis, by the Bureau of Indian Education for
activities consistent with the purposes of this part; and
``(B) not more than 2.5 percent for national activities,
including evaluation, dissemination of best practices, and
technical assistance.
``(2) State allotment.--For any fiscal year for which the
amount appropriated under section 5916 is equal to or more
than $300,000,000, the Secretary shall allot to each State
the sum of, from the total amount appropriated under section
5916 for a fiscal year and not reserved under paragraph (1)--
``(A) an amount that bears the same relationship to 50
percent of the sums being allotted as the percentage of
students enrolled in high schools in which at least 50
percent of enrolled students are student from low-income
families, as determined by the local educational agency
pursuant to section 1113, in the State bears to the total of
such percentages for all the States; and
``(B) an amount that bears the same relationship to 50
percent of the sums being allotted as the percentage of
students enrolled in high schools in the State bears to the
total of such percentages for all the States.
``(3) Reallotment.--If any State does not apply for an
allotment under this subsection for any fiscal year, the
Secretary shall reallot the amount of the allotment to the
remaining States in accordance with this subsection.
``(c) State Use of Funds.--
``(1) In general.--A State educational agency awarded a
grant under this section shall use not less than 95 percent
of the grant funds to award subgrants to eligible entities
under section 5914.
``(2) State activities.--A State educational agency may use
not more than 5 percent of the grant funds for evaluation and
capacity building activities, including training, technical
assistance, professional development, and administrative
costs of carrying out responsibilities under this part.

``SEC. 5913. STATE APPLICATION.

``(a) In General.--In order to receive a grant for any
fiscal year, a State shall submit an application to the
Secretary at such time, in such manner, and containing such
information as the Secretary may reasonably require.
``(b) Contents.--Each application submitted under
subsection (a) shall include, at a minimum, the following:
``(1) A description of how the State educational agency
will utilize funds reserved under section 5912(c)(2) for
State activities.
``(2) A description of the procedures and criteria the
State educational agency will use for reviewing applications
and awarding funds to eligible entities on a competitive
basis.
``(3) An assurance that subgrants awarded to eligible
entities under section 5914 will be for a period of 5 years,
conditional after 3 years on satisfactory progress on the
leading performance indicators described in section
5914(b)(2)(G)(i), and renewable for 3 additional 1-year
periods, based on satisfactory progress on the core
indicators in section 5914(b)(2)(G)(ii).
``(4) An assurance that the State educational agency will
allow eligible entities to utilize funds awarded under
section 5914 for planning purposes for not more than 1 year
after receiving a subgrant, and withhold subsequent
allocations of subgrant funds if the State educational agency
determines an eligible plan to be insufficient to effectively
achieve the purpose of this part.
``(5) An assurance that funds appropriated to carry out
this part will be used to supplement, and not supplant, other
Federal, State, and local public funds expended to provide
programs and activities authorized under this part and other
similar programs.
``(6) A description of how the State educational agency
will evaluate the effectiveness of programs and activities
carried out under this part, including how performance on
leading performance indicators described in section
5914(b)(2)(G)(i) and core indicators in section
5914(b)(2)(G)(ii) will be incorporated into the evaluation.
``(7) An articulation agreement that will be entered into
with each institution of higher education that will receive
funding under this part that requires credit earned as a
result of the successful completion of a dual enrollment
course funded under this part to be treated as credit earned
at the institution in the same manner as such credit would
otherwise be earned at such institution.
``(8) A description of the policies and strategies that
will be implemented to improve school climate.
``(c) Approval; Disapproval; Notification; Response;
Failure To Respond.--The provisions of approval, disapproval,
notification, response, and failure to respond applicable to
State applications under subsections (b), (c), (d), (e), and
(f) of section 4203 shall apply in the same manner to State
applications submitted under this section.

``SEC. 5914. SUBGRANTS TO ELIGIBLE ENTITIES.

``(a) In General.--A State that receives a grant under this
part shall use the portion of the grant funds described under
section 5912(c)(1) to award subgrants to eligible entities.
``(b) Application.--
``(1) In general.--To be eligible to receive a subgrant
under this part, an eligible entity shall submit an
application to the State educational agency at such time, in
such manner, and containing such information as the State
educational agency may reasonably require.
``(2) Contents.--Each application submitted under paragraph
(1) shall include, at a minimum, the following:
``(A) A description of how the eligible entity will use
funds awarded under this section to carry out the evidenced-
based activities described in subsection (c) and provide
personalized learning experiences, applied learning
opportunities, and student-centered learning approaches, that
are accessible to all students.
``(B) A description of the responsibilities to be carried
out by each member of the eligible entity and additional
external partners or qualified intermediaries.
``(C) A description of how the eligible entity will sustain
the activities proposed, including the availability of funds
from non-Federal sources and coordination with other Federal,
State, and local funds.
``(D) A description of the comprehensive needs assessment
and capacity analysis of the eligible entity, eligible middle
schools, and eligible high schools that will be served under
the subgrant.
``(E) A plan to use current regional labor market
information and engage employers and community-based
organizations in the development of work-related learning
opportunities, particularly those in STEM-related fields,
including computer science, and other curriculum revisions
under subsection (c).
``(F) A plan to address the needs of students with
disabilities, English language learners, and students who are
significantly over-aged and under-credited, in the activities
under subsection (c).
``(G) The performance indicators and targets the eligible
entity will use to assess the effectiveness of the activities
implemented under this section disaggregated by the
categories of students described in section
1111(b)(2)(B)(xi), including--
``(i) leading indicators, which may include--

``(I) annual, average attendance rates and the number and
percentage of students who are chronically absent;
``(II) rates, including disproportionality, of expulsions,
suspensions, school violence, harassment, and bullying (as
defined under State or local laws or policies); and
``(III) annual student mobility rates, transfer rates, and
attrition rates;

``(ii) core indicators, which may include--

``(I) graduation rates;
``(II) dropout recovery (re-entry) rates;
``(III) percentage of students who have on-time credit
accumulation at the end of each grade, and whom are on track
to graduate within 4 years, and the percentage of students
failing a core subject course;
``(IV) percentage of students who successfully transitioned
from 8th to 9th grade; and
``(V) student achievement data, including the percentage of
students performing at a proficient level on State academic
assessments required under section 1111(b)(2); and

``(iii) indicators of postsecondary education readiness,
which may include--

``(I) percentage of students successfully completing
rigorous postsecondary education courses while attending a
secondary school, such as Advanced Placement or International
Baccalaureate courses;
``(II) percentage of students who have on-time credit
accumulation at the end of each grade or who have earned
postsecondary education credit;
``(III) rates of workplace experience and other indicators
of the acquisition of employability skills, including the
number and percentage of students earning a recognized
postsecondary credential, as defined in section 3 of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3102);
and
``(IV) the number and percentage of students completing a
registered apprenticeship program (as defined in section
171(b) of the Workforce Innovation and Opportunity Act (29
U.S.C. 3226)).

``(c) Required Uses of Funds.--
``(1) Districtwide required uses of funds.--An eligible
entity that receives a subgrant under this section shall use
not less than 15 percent of the subgrant funds to--
``(A) implement an early warning indicator system in
eligible middle schools and eligible high schools to identify
struggling students and create a system of timely and
effective evidence-based and linguistically and culturally
relevant interventions, by--
``(i) identifying and analyzing the academic risk factors
that most reliably predict dropouts by using longitudinal
data of past cohorts of students;
``(ii) identifying specific indicators of student progress
and performance to determine whether students are on track to
graduate secondary school in 4 years and to guide decision
making, such as academic performance in core courses,
postsecondary education credit accumulation, and attendance,
including the percentage of students who are chronically
absent;
``(iii) identifying or developing a mechanism for regularly
collecting and analyzing data about the impact of
interventions on the indicators of student progress and
performance; and

[[Page S4971]]

``(iv) identifying and implementing strategies for pairing
academic support with integrated student services and case-
managed interventions for students requiring intensive
supports which may include partnerships with other external
partners;
``(B) provide support and credit recovery opportunities for
students with disabilities, English learners, and students
who are over-aged and under-credited, at secondary schools
served by the eligible entity or other appropriate settings
by offering activities;
``(C) provide dropout recovery or re-entry programs that
are designed to encourage and support dropouts returning to
an educational system, program, or institution following an
extended absence in order to graduate college- and career-
ready;
``(D) provide evidence-based middle school to high school
transition programs and supports, including through curricula
alignment and early high school programs that allow students
to earn high school credit in middle school;
``(E) strengthen student transitions between schools by
implementing a transition strategy based on data collection
that monitors the transition between middle school and high
school, and high school and postsecondary transitions, and
encourages collaboration among elementary school, middle
school, and high school grades; and
``(F) provide teachers, principals, other school leaders,
non-instructional staff, students, and families with high-
quality, easily accessible, and timely information, beginning
in middle school, about--
``(i) secondary school graduation requirements;
``(ii) postsecondary education application processes;
``(iii) postsecondary education admissions processes and
requirements, including requirements for pursuing
postsecondary degrees in STEM-related subjects, including
computer science;
``(iv) public financial aid and other available private
scholarship and grant aid opportunities;
``(v) regional and national labor market information,
including information about national and local STEM-related
career opportunities, including in computer science; and
``(vi) other programs and services for increasing rates of
college access and success for students from low-income
families.
``(2) Required use of funds in eligible middle schools and
eligible high schools.--An eligible entity that receives a
subgrant under this section shall use the subgrant funds in
eligible middle schools and eligible high schools to
implement a comprehensive approach that will improve academic
achievement and increase on-time grade and graduation
completion by--
``(A) using early warning indicator and intervention
systems described in paragraph (1)(A);
``(B) providing personalized learning and applied learning
opportunities;
``(C) implementing organizational practices and school
schedules that allow for collaborative teacher, principal,
and other school leader participation, team teaching, and
common instructional planning time, including across middle
school and high school grades to facilitate effective
teaching and learning and positive teacher-student
interactions;
``(D) increasing the number of teachers certified in the
subject area they are assigned to teach;
``(E) providing teachers, principals, and other school
leaders with ongoing high-quality professional development,
including through the use of professional learning
communities and joint training for secondary teachers and
postsecondary educators, coaching, and mentoring, that
prepares teachers, principals, and other school leaders to--
``(i) address the academic challenges of students;
``(ii) understand the developmental needs of students and
how to address those needs in an educational setting;
``(iii) implement data-driven interventions; and
``(iv) provide academic guidance to students in student-to-
staff ratios that allows students to make informed decisions
about academic options, including financial aid counseling
for postsecondary education, so that students can graduate
college and career ready; and
``(F) improving access to rigorous courses by--
``(i) in the case of an eligible middle school, providing
all students with the prerequisite coursework necessary to
prepare students for participation in rigorous and advanced
coursework at the high school level, including in STEM-
related areas of coursework, including computer science; and
``(ii) in the case of an eligible high school, providing
all students pathways to earn at least 12 postsecondary
education credits while in high school;
``(G) promoting the continuous use of student data that
results in actionable steps to inform and differentiate
instruction and support, including the use of timely data
reports that measures attendance, course performance,
postsecondary education credit accumulation, and other on-
track indicators for all students;
``(H) providing ongoing mechanisms for strengthening family
and community engagement;
``(I) providing college and career pathways through such
activities as--
``(i) implementing a college- and career-ready curriculum
that integrates rigorous academics, career and technical
education, and work-based learning for high school students
in high-skill, high-demand industries in collaboration with
local and regional employers including in STEM-related
subject areas, such as computer science, and work-based
learning experiences;
``(ii) in the case of eligible high schools, providing dual
enrollment, early college, or accelerated learning courses
and postsecondary education credit-bearing advanced
coursework opportunities, including opportunities to earn
industry-based credentials or other recognized postsecondary
education credentials, including opportunities for secondary
school students who over-age or under-credited and those who
have dropped out of school; or
``(iii) designing curricula and sequences of courses,
including in STEM-related subjects such as computer science,
in collaboration with teachers from the eligible high school
and faculty from the partner institution of higher education
so that students may simultaneously earn credits toward a
high school diploma and earn an associate degree or at least
12 transferable postsecondary education credits toward a
postsecondary degree at no cost to students or their
families;
``(J) strengthening the transition between middle school
and high school and high school and postsecondary education
through such activities as--
``(i) providing academic and career counseling, such as
through low student-to-counselor ratios, that allow students
to make informed decisions about academic and career options,
including the use of current labor-market information for
students, families, teachers, principals, and other school
leaders;
``(ii) providing high-quality, age appropriate, college and
career exploration opportunities, including college campus
visits, work-related learning opportunities, particularly in
high demand regional industry areas; and
``(iii) providing academic and support services;
``(K) making more strategic use of learning time, which may
include the effective application of technology and
redesigning or extending school calendars, flexible
scheduling, implementation of competency-based learning
models, and time for educators to carry out systemic reform,
including the activities described under this part; and
``(L) providing integrated services to address the social,
emotional, health, and behavioral needs of students.
``(d) Supplement Not Supplant.--An eligible entity shall
use Federal funds received under this section only to
supplement the funds that would, in the absence of such
Federal funds, be made available from other Federal and non-
Federal sources for the activities described in this section,
and not to supplant such funds.

``SEC. 5915. REPORTS.

``Each eligible entity receiving a subgrant under this part
shall collect and report annually to the public and the State
educational agency, and the State educational agency shall
annually report to the Secretary, such information on the
results of the activities assisted under the subgrant as the
Secretary may reasonably require, including performance on
the indicators described in section 5914(b)(2)(I)
disaggregated by each of the categories of students, as
defined in section 1111(b)(3)(A).

``SEC. 5916. AUTHORIZATION OF APPROPRIATIONS.

``There are authorized to be appropriated to carry out this
part such sums as may be necessary for each of fiscal years
2016 through 2021.''.
______