To amend the accountability provisions.

SA 2241. Mr. MURPHY (for himself, Mr. Booker, Mr. Coons, Ms. Warren,
and Mr. Durbin) 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 26, strike lines 5 through 9.
On page 27, line 11, strike ``goals, or metrics'' and
insert ``or goals''.
On page 27, strike lines 13 through 17.
Beginning on page 53, strike line 6 and all that follows
through page 58, line 25, and insert the following:
``(i) Establishes measurable State-designed goals for all
students and separately for each of the categories of
students in the State that take into account the progress
necessary for all students and each of the categories of
students to graduate from high school prepared for
postsecondary education or the workforce without the need for
postsecondary remediation, which shall be based on a
composite of the following indicators:

``(I) Academic achievement, which may include student
growth, on the State assessments under paragraph (2).
``(II) High school graduation rates, including--

``(aa) the 4-year adjusted cohort graduation rate; and
``(bb) at the State's discretion, the extended-year
adjusted cohort graduation rate.

``(III) For public elementary schools and secondary schools
that are not high schools, an academic indicator of student
performance that is valid and reliable and the same statewide
for all public elementary school students and all students at
such secondary schools and each category of students and
which is consistent with progress toward readiness for
postsecondary education or the workforce without the need for
postsecondary remediation, which may include--

``(aa) measures of early literacy skills;
``(bb) performance measures aligned to the State's
challenging academic standards;
``(cc) student project-based assessments or student
portfolios that meet assessment requirements under clauses
(i) through (v), (vii), (viii), and (x) through (xiii) of
paragraph (2)(B); or
``(dd) on-track rates to postsecondary education or the
workforce without the need for postsecondary remediation.

``(IV) English language proficiency of all English learners
towards meeting the goals described in subsection (c)(1)(K)
in all public schools and local educational agencies, which
may include measures of student growth.
``(V) Not less than one other valid and reliable indicator
of student readiness to enter postsecondary education or the
workforce without the need for remediation, that will be
applied to all local educational agencies and all public
schools consistently throughout the State for all students
and for each of the categories of students, which may include
measures of--

``(aa) successful completion of Advanced Placement,
International Baccalaureate, dual or concurrent enrollment,
or early college high school courses;
``(bb) student project-based assessments or student
portfolios that meet assessment requirements under clauses
(i) through (v), (vii), (viii), and (x) through (xiii) of
paragraph (2)(B);
``(cc) student attainment of industry-recognized
credentials for career and technical education; or
``(dd) performance measures aligned to the State's
challenging academic standards.

``(VI) Not less than one other valid and reliable indicator
of school quality, student success, or student supports, as
determined appropriate by the State, that will be applied to
all local educational agencies and public schools
consistently throughout the State for all students and for
each of the categories of students, which may include
measures of--

``(aa) student engagement, such as attendance rates and
chronic absenteeism;
``(bb) educator engagement, such as educator satisfaction
(including working conditions within the school), teacher
quality and effectiveness, and teacher absenteeism;
``(cc) results from student, parent, and educator surveys;
``(dd) school climate and safety, such as incidents of
school violence, bullying, and harassment, and disciplinary
rates, including rates of suspension, expulsion, referrals to
law enforcement, school-based arrests, disciplinary transfers
(including placements in alternative schools), and student
detentions;
``(ee) student access to or success in advanced coursework
or educational programs or opportunities; and
``(ff) any other State-determined measure of school quality
or student success.

``(VII) In carrying out this clause and in developing the
composite goals for all students and for each category of
students, the indicators described in subclauses (I), (II),
(III), and (IV) shall weigh more heavily than the indicators
described in subclauses (V) and (VI) combined.

``(ii) Establishes a system of annually identifying and
meaningfully differentiating among all public schools in the
State, which shall--

``(I) be based on the goals described in clause (i) for all
students and separately for each of the categories of
students; and
``(II) differentiate schools where any category of students
miss the goals described in clause (i) for 2 consecutive
years.

``(iii) For public schools receiving assistance under this
part, meets the requirements of section 1114.
``(iv) Provides a clear and understandable explanation of
the method of identifying and meaningfully differentiating
schools under clause (ii).
``(v) Measures the annual progress of not less than 95
percent of all students, and students in each of the
categories of students, who are enrolled in the school and
are required to take the assessments under paragraph (2) and
provides a clear and understandable explanation of how the
State will factor this requirement into the State-designed
accountability system determinations.
On page 61, line 13, strike ``(3)(B)(ii)(II)(aa)'' and
insert ``(3)(B)(i)(III)''.
On page 61, line 14, strike ``paragraph (3)(B)(ii)(IV)''
and insert ``subclause (V) or (VI) of paragraph (3)(B)(i)''.
On page 61, lines 18 and 19, strike ``subclauses (III) and
(IV) of paragraph (3)(B)(ii)'' and insert ``subclauses (IV),
(V), and (VI) of paragraph (3)(B)(i)''.
Beginning on page 61, strike line 22 and all that follows
through page 62, line 4.
Beginning on page 62, strike line 23 and all that follows
through page 63, line 25 and insert the following:
``(i) the minimum number of students that the State
determines are necessary to be included in each such category
of students to carry out such requirements and how that
number is statistically sound and is the same for each
category of students;
``(ii) how such minimum number of students was determined
by the State, including how the State collaborated with
teachers, principals, other school leaders, parents, and
other stakeholders when setting the minimum number; and
``(iii) how the State ensures that such minimum number does
not reveal personally identifiable information about
students;
``(B) the State educational agency's system to monitor and
evaluate the intervention and support strategies implemented
by local educational agencies in schools identified as in
need of intervention and support under section 1114(a)(1)(A),
and, if such strategies are not effective within 3 years of
implementation, the steps the State will take to further
assist local educational agencies;
Beginning on page 146, strike line 3 and all that follows
through page 156, line 2, and insert the following:
``(a) State Review and Responsibilities.--
``(1) In general.--Each State educational agency receiving
funds under this part shall use the system designed by the
State under section 1111(b)(3) to annually--
``(A) meaningfully differentiate among all public schools,
including public schools operated or supported by the Bureau
of Indian Education, that receive funds under this part and
are in need of intervention and support using the method
established by the State in section 1111(b)(3)(B)(ii) which--
``(i) may include establishing multiple levels of school
performance or other methods for differentiating among all
public schools; and
``(ii) shall include the identification of at least--

``(I) the lowest-performing public schools that receive
funds under this part in the State not meeting the goals
described in section 1111(b)(3)(B)(i), and which shall
include at least 5 percent of all the State's public schools
that receive funds under this part;
``(II) any public high school that receives funds under
this part and has a 4-year adjusted cohort graduation rate at
or below 67 percent for 2 or more consecutive years, or an
extended-year adjusted cohort graduation rate for 2 or more
consecutive years that is at or below a rate determined by
the State and set higher than 67 percent; and
``(III) any public school that receives funds under this
part with any category of students, as defined in section
1111(b)(3)(A), not meeting the goals described in section
1111(b)(3)(B)(i) for 2 consecutive years;

``(B) require for inclusion--
``(i) on each local educational agency report card required
under section 1111(d), the names of schools served by the
agency described under subparagraph (A)(ii); and
``(ii) on each school report card required under section
1111(d), whether the school was described under subparagraph
(A)(ii);
``(C) ensure that all public schools that receive funds
under this part and are identified as in need of intervention
and support under subparagraph (A), implement an evidence-
based intervention or support strategy designed by the State
or local educational agency described in subparagraph (A) or
(B) of subsection (b)(3) that addresses the reason for the
school's identification and that takes into account
performance on all of the indicators in the State's
accountability system under section 1111(b)(3)(B)(i);
``(D) prioritize intervention and supports in the
identified schools most in need of intervention and support,
as determined by the State, using the results of the
accountability system under 1111(b)(3)(B); and
``(E) monitor and evaluate the implementation of school
intervention and support

[[Page S5069]]

strategies by local educational agencies, including in the
lowest-performing elementary schools and secondary schools in
the State, and use the results of the evaluation to take
appropriate steps to change or improve interventions or
support strategies as necessary.
``(2) State educational agency responsibilities.--The State
educational agency shall--
``(A) make technical assistance available to local
educational agencies that serve schools identified as in need
of intervention and support under paragraph (1)(A);
``(B) if the State educational agency determines that a
local educational agency failed to carry out its
responsibilities under this section, or that its intervention
and support strategies were not effective within 3 years of
implementation, take such actions as the State educational
agency determines to be appropriate and in compliance with
State law to assist the local educational agency and ensure
that such local educational agency is carrying out its
responsibilities;
``(C) inform local educational agencies of schools
identified as in need of intervention and support under
paragraph (1)(A) in a timely and easily accessible manner
that is before the beginning of the school year; and
``(D) publicize and disseminate to the public, including
teachers, principals and other school leaders, and parents,
the results of the State review under paragraph (1).
``(b) Local Educational Agency Review and
Responsibilities.--
``(1) In general.--Each local educational agency with a
school identified as in need of intervention and support
under subsection (a)(1)(A) shall, in consultation with
teachers, principals and other school leaders, school
personnel, parents, and community members--
``(A) conduct a review of such school, including by
examining the indicators and measures included in the State-
determined accountability system described in section
1111(b)(3)(B) to determine the factors that led to such
identification;
``(B) conduct a review of the policies, procedures,
personnel decisions, and budgetary decisions of the local
educational agency, including the measures on the local
educational agency and school report cards under section
1111(d) that impact the school and could have contributed to
the identification of the school;
``(C) develop and implement appropriate intervention and
support strategies, as described in paragraph (3), that are
proportional to the identified needs of the school, for
assisting the identified school;
``(D) develop a rigorous comprehensive plan that will be
publicly available and provided to parents, for ensuring the
successful implementation of the intervention and support
strategies described in paragraph (3) in identified schools,
which may include--
``(i) technical assistance that will be provided to the
school;
``(ii) ensuring identified schools have access to
resources, such as adequate facilities, funding, and
technology;
``(iii) improved delivery of services to be provided by the
local educational agency;
``(iv) increased support for stronger curriculum, program
of instruction, wraparound services, or other resources
provided to students in the school;
``(v) any changes to personnel necessary to improve
educational opportunities for children in the school;
``(vi) redesigning how time for student learning or teacher
collaboration is used within the school;
``(vii) using data to inform instruction for continuous
improvement;
``(viii) providing increased coaching or support for
principals and other school leaders and teachers;
``(ix) improving school climate and safety;
``(x) providing ongoing mechanisms, such as evidence-based
community schools and wraparound services, for family and
community engagement to improve student learning;
``(xi) establishing partnerships with entities, including
private entities with a demonstrated record of improving
student achievement, that will assist the local educational
agency in fulfilling its responsibilities under this section;
and
``(xii) an ongoing process, involving parents, teachers and
their representatives, principals, and other school leaders,
to improve school leader and staff engagement in the
development and implementation of the comprehensive plan; and
``(E) collect and use data on an ongoing basis to monitor
the results of the intervention and support strategies and
adjust such strategies as necessary during implementation in
order to improve student academic achievement.
``(2) Notice to parents.--A local educational agency shall
promptly provide to a parent or parents of each student
enrolled in a school identified as in need of intervention
and support under subsection (a)(1)(A) in an easily
accessible and understandable form and, to the extent
practicable, in a language that parents can understand--
``(A) an explanation of what the identification means, and
how the school compares in terms of academic achievement and
other measures in the State accountability system under
section 1111(b)(3)(B) to other schools served by the local
educational agency and the State educational agency involved;
``(B) the reasons for the identification;
``(C) an explanation of what the local educational agency
or State educational agency is doing to help the school
address student academic achievement and other measures,
including a description of the intervention and support
strategies developed under paragraph (1)(C) that will be
implemented in the school;
``(D) an explanation of how the parents can become involved
in addressing academic achievement and other measures that
caused the school to be identified; and
``(E) an explanation of the parents' option to transfer
their child to another public school under paragraph (4), if
applicable.
``(3) School intervention and support strategies.--
``(A) In general.--Consistent with subsection (a)(1) and
paragraph (1), a local educational agency shall develop and
implement evidence-based intervention and support strategies
for an identified school that the local educational agency
determines appropriate to address the needs of students in
such identified school, which shall--
``(i) be designed to address the specific reasons for
identification, as described in paragraph (1)(A);
``(ii) take into account performance on the indicators used
by the State as described in 1111(b)(3)(B)(i);
``(iii) be implemented, at a minimum, in a manner that is
proportional to the specific reasons for identification, as
described in subparagraphs (A) and (B) of paragraph (1); and
``(iv) distinguish between the schools identified in
subclauses (I) and (II) of subsection (a)(1)(A)(ii) and in
need of comprehensive supports and schools identified in
subsection (a)(1)(A)(ii)(III) in need of targeted supports.
``(B) State-determined strategies.--Consistent with State
law, a State educational agency may establish alternative
evidence-based State-determined strategies that can be used
by local educational agencies to assist a school identified
as in need of intervention and support under subsection
(a)(1)(A), in addition to the assistance strategies developed
by a local educational agency under subparagraph (A).
``(4) Public school choice.--
``(A) In general.--A local educational agency may provide
all students enrolled in a school identified as in need of
intervention and support under subclauses (I) and (II) of
subsection (a)(1)(A)(ii) with the option to transfer to
another public school served by the local educational agency,
unless such an option is prohibited by State law.
``(B) Priority.--In providing students the option to
transfer to another public school, the local educational
agency shall give priority to the lowest achieving children
from low-income families, as determined by the local
educational agency for the purposes of allocating funds to
schools under section 1113(a)(3).
``(C) Treatment.--Students who use the option to transfer
to another public school shall be enrolled in classes and
other activities in the public school to which the students
transfer in the same manner as all other children at the
public school.
``(D) Special rule.--A local educational agency shall
permit a child who transfers to another public school under
this paragraph to remain in that school until the child has
completed the highest grade in that school.
``(E) Funding for transportation.--A local educational
agency may spend an amount equal to not more than 5 percent
of its allocation under subpart 2 to pay for the provision of
transportation for students who transfer under this paragraph
to the public schools to which the students transfer.
On page 156, strike lines 13 through 15.
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