S. 1554

Pathways for All Students to Succeed Act

Latest
        [Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1554 Introduced in Senate (IS)]

1st Session
S. 1554

To provide for secondary school reform, and for other purposes.

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

August 1 (legislative day, July 21), 2003

Mrs. Murray introduced the following bill; which was read twice and
referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

A BILL

To provide for secondary school reform, and for other purposes.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Pathways for All Students to Succeed
Act''.

TITLE I--READING FOR SUCCESS

SEC. 101. FINDINGS.

Congress makes the following findings:
(1) While the No Child Left Behind Act of 2001 provides a
strong framework for helping children in the early grades, our
Nation still needs a comprehensive strategy to address the
literacy problems and learning gaps of students in middle
school and secondary school.
(2) Approximately 60 percent of students in the poorest
communities fail to graduate from secondary school on time, in
large part because of severe reading deficits that contribute
to academic failure.
(3) Forty percent of those attending high minority
enrollment secondary schools enroll in remedial reading
coursework when entering higher education, in an effort to gain
the skills their secondary education failed to provide.
(4) While 33 percent of all low-income students are
enrolled in secondary schools, only 15 percent of the funding
targeted to disadvantaged students goes to secondary schools.
(5) Data from the National Assessment of Educational
Progress for 1998 show that 32 percent of boys and 19 percent
of girls in 8th grade cannot read at a basic level. These
numbers do not change significantly in the secondary school
years and are even more dramatic when students are identified
by minority status.
(6) The 2002 National Assessment of Educational Progress
Writing Scores indicate that while the percentage of 4th and
8th graders writing at or above a basic level increased between
1998 and 2002, the percentage of 12th graders writing at or
above a basic level decreased. These numbers show that our
concentrated efforts for elementary school students have
improved their writing skills, but by neglecting the needs of
secondary school students, we are squandering these gains.
(7) America cannot maintain its position as the world's
strongest economy if we continue to ignore the literacy needs
of adolescents in middle school and secondary school.

SEC. 102. PURPOSES.

It is the purpose of this title to--
(1) provide assistance to State educational agencies and
local educational agencies in establishing effective research-
based reading and writing programs for students in middle
schools and secondary schools, including students with
disabilities and students with limited English proficiency;
(2) provide adequate resources to schools to hire and to
provide in-service training for not less than 1 literacy coach
per 20 teachers who can assist middle school and secondary
school teachers to incorporate research-based reading and
writing instruction into their teaching of mathematics,
science, history, civics, geography, literature, language arts,
and other core academic subjects; and
(3) provide assistance to State educational agencies and
local educational agencies--
(A) in strengthening reading and writing
instruction in middle schools and secondary schools;
and
(B) in procuring high quality diagnostic reading
and writing assessments, and comprehensive research-
based programs and instructional materials that will
improve reading and writing performance among students
in middle school and secondary school.

SEC. 103. DEFINITIONS.

In this title:
(1) In general.--The terms ``local educational agency'',
``Secretary'', and ``State educational agency'' have the
meaning given the terms in section 9101 of the Elementary and
Secondary Education Act of 1965.
(2) Literacy coach.--The term ``literacy coach'' means a
certified teacher, with a demonstrated effectiveness in
teaching reading and writing to students with specialized
reading and writing needs, and the ability to work with
classroom teachers to improve their instructional techniques to
support reading and writing improvement, who works on site at a
school to--
(A) train teachers from across the curriculum to
incorporate the teaching of reading and writing skills
into their instruction of content;
(B) train teachers to assess students' reading and
writing skills and identify students requiring
remediation; and
(C) provide or assess remedial literacy
instruction, including for--
(i) students in after school and summer
school programs;
(ii) students requiring additional
instruction; and
(iii) students with disabilities and
students with limited English proficiency.
(3) Middle school.--The term ``middle school'' means a
school that provides middle school education, as determined
under State law.
(4) Secondary school.--The term ``secondary school'' means
a school that provides secondary education, as determined under
State law.
(5) State.--The term ``State'' means each of the 50 States,
the District of Columbia, the Commonwealth of Puerto Rico, the
United States Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands.

SEC. 104. PROGRAM AUTHORIZED.

(a) In General.--The Secretary is authorized to establish a
program, in accordance with the requirements of this title, that will
provide grants to State educational agencies and local educational
agencies to establish reading and writing programs to improve overall
reading and writing performance among students in middle school and
secondary school.
(b) State Responsibilities.--Each State educational agency
receiving a grant under this title shall--
(1) award subgrants to local educational agencies in
accordance with section 106;
(2) establish a reading and writing partnership, which may
be the same as the partnership established under section
1203(d) of the Elementary and Secondary Education Act of 1965,
that will provide guidance to local educational agencies in
selecting or developing and implementing appropriate, research-
based reading and writing programs for middle school and
secondary school students;
(3) approve high quality applications for subgrants to
local educational agencies; and
(4) oversee and evaluate subgrant services and activities
undertaken by the local educational agencies as described in
section 106(c).
(c) Reservation of Funds by the Secretary.--The Secretary shall
reserve--
(1) 3 percent of the funds appropriated under section 107
for each fiscal year to fund national activities in support of
the programs assisted under this title, such as research and
dissemination of best practices, except that the Secretary may
not use the reserved funds to award grants directly to local
educational agencies; and
(2) 2 percent of the funds appropriated under section 107
for each fiscal year for the Bureau of Indian Affairs to carry
out the services and activities described in section 106(c) for
Indian children.

SEC. 105. GRANTS.

(a) Grants Authorized.--
(1) Formula grants to state educational agencies.--If the
funds appropriated under section 107 for a fiscal year are
equal to or greater than $500,000,000, then the Secretary shall
award grants, from allotments under subsection (b), to State
educational agencies to enable the State educational agencies
to provide subgrants to eligible local educational agencies to
establish reading and writing programs to improve overall
reading and writing performance among students in middle school
and secondary school.
(2) Direct grants to local educational agencies.--
(A) In general.--If the funds appropriated under
section 107 for a fiscal year are less than
$500,000,000, then the Secretary shall award grants, on
a competitive basis, directly to eligible local
educational agencies to establish reading and writing
programs to improve overall reading and writing
performance among students in middle school and
secondary school.
(B) Priority.--The Secretary shall give priority in
awarding grants under this paragraph to eligible local
educational agencies that--
(i) are among the local educational
agencies in the State with the lowest
graduation rates as described in section
1111(b)(2)(C)(vi) of the Elementary and
Secondary Education Act of 1965; and
(ii) have the highest number or percentage
of students who are counted under section
1124(c) of the Elementary and Secondary
Education Act of 1965.
(b) Allotments to States.--
(1) In general.--From funds appropriated under section 107
and not reserved under section 104(c) for a fiscal year, the
Secretary shall make an allotment to each State educational
agency having an application approved under subsection (d) in
an amount that bears the same relation to the funds as the
amount the State received under part A of title I of the
Elementary and Secondary Education Act of 1965 bears to the
amount received under such part by all States.
(2) Minimum allotment.--Notwithstanding paragraph (1), no
State educational agency shall receive an allotment under this
subsection for a fiscal year in an amount that is less than
0.25 percent of the funds allotted to State educational
agencies under paragraph (1) for the fiscal year.
(c) Length of Grant.--A grant to a State educational agency under
this title shall be awarded for a period of 6 years.
(d) Applications.--
(1) In general.--In order to receive a grant under this
title, a State educational agency shall submit an application
to the Secretary containing such information as the Secretary
may require. Each such application shall meet the following
conditions:
(A) A State educational agency shall not include
the application for assistance under this title in a
consolidated application submitted under section 9302
of the Elementary and Secondary Education Act of 1965.
(B) The State educational agency's application
shall include an assurance that--
(i) the State educational agency has
established a reading and writing partnership
that--
(I) coordinated the development of
the application for funds under this
title; and
(II) will assist in designing and
administering the State educational
agency's program under this title; and
(ii) the State educational agency will
participate, if requested, in any evaluation of
the program.
(C) The State educational agency's application
shall include a program plan that contains a
description of the following:
(i) How the State educational agency will
assist local educational agencies in
implementing subgrants, including providing
ongoing professional development for literacy
coaches, teachers, paraprofessionals, and
administrators.
(ii) How the State educational agency will
help local educational agencies identify high
quality screening, diagnostic, and classroom-
based instructional reading and writing
assessments.
(iii) How the State educational agency will
help local educational agencies identify high
quality research-based materials and programs.
(iv) How the State educational agency will
help local educational agencies identify
appropriate and effective materials, programs,
and assessments for students with disabilities
and students with limited English proficiency.
(v) How the State educational agency will
ensure that professional development funded
under this title is based on reading and
writing research, will effectively improve
instructional practices for reading and writing
for middle school and secondary school
students, and is coordinated with professional
development activities funded through other
programs (including federally funded programs
such as programs funded under the Adult
Education and Family Literacy Act, the
Individuals with Disabilities Education Act,
and the Elementary and Secondary Education Act
of 1965).
(vi) How funded activities will help
teachers and other instructional staff to
implement research-based components of reading
and writing instruction.
(vii) The subgrant process the State
educational agency will use to ensure that
eligible local educational agencies receiving
subgrants implement programs and practices
based on reading and writing research.
(viii) How the State educational agency
will build on and promote coordination among
reading and writing programs in the State to
increase overall effectiveness in improving
reading and writing instruction, including for
students with disabilities and students with
limited English proficiency.
(ix) How the State educational agency will
regularly assess and evaluate the effectiveness
of the eligible local educational agency
activities funded under this title.
(2) Review of applications.--The Secretary shall review
applications from State educational agencies under this
subsection as the applications are received.
(e) State Use of Funds.--
(1) Subgrants.--Each State educational agency shall use 80
percent of the grant funds the State educational agency
receives under this title to award subgrants to local
educational agencies having applications approved under section
106(b).
(2) State level activities.--Each State educational agency
shall use 20 percent of the grant funds the State educational
agency receives under this title to carry out State level
activities described in subsection (d), to provide technical
assistance to local educational agencies and high-quality
professional development to teachers and literacy coaches, and
for administrative costs, of which not more than 10 percent of
the grant funds may be used for planning, administration, and
reporting.
(f) Notice to Local Educational Agencies.--Each State educational
agency receiving a grant under this title shall provide notice to all
eligible local educational agencies in the State about the availability
of subgrants under this title.
(g) Supplement Not Supplant.--Grant funds provided to a State
educational agency under this section shall be used to supplement not
supplant funding provided by the State for activities authorized under
this title or for other educational activities.
(h) New Services and Activities.--Grant funds provided under this
title may be used only to provide services and activities authorized
under this title that were not provided on the day before the date of
enactment of the Pathways for All Students to Succeed Act.
(i) Reallotment.--If a State educational agency does not apply for
funding under this title, the Secretary shall reallot the State
educational agency's allotment to the remaining States.

SEC. 106. SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES.

(a) Eligibility Requirements.--To be eligible to receive a subgrant
under this title a local educational agency shall be eligible to
receive funds under part A of title I of the Elementary and Secondary
Education Act of 1965.
(b) Applications.--
(1) In general.--Each local educational agency desiring a
subgrant under this title shall submit an application to the
State educational agency in the form and according to the
schedule established by the State educational agency.
(2) Contents.--In addition to any information required by
the State educational agency, each such application shall
demonstrate how the local educational agency will carry out the
following required activities:
(A) Development or selection and implementation of
research-based reading and writing assessments.
(B) Development or selection and implementation of
research-based reading and writing programs, including
programs for students with disabilities and students
with limited English proficiency.
(C) Selection of instructional materials based on
reading and writing research.
(D) High quality professional development for
literacy coaches and teachers based on reading and
writing research.
(E) Evaluation strategies.
(F) Reporting.
(G) Providing access to research-based reading and
writing materials.
(3) Consortia.--A local educational agency may apply to the
State educational agency for a subgrant as a member of a
consortium of eligible local educational agencies, if each
member of the consortium meets the eligibility requirements in
subsection (a).
(c) Local use of Funds.--Each local educational agency receiving a
subgrant under this title shall use the subgrant funds to provide, at
the middle school and secondary school level, the following services
and activities:
(1) Hiring literacy coaches, at a ratio of not less than 1
literacy coach for every 20 teachers, and provide professional
development for literacy coaches--
(A) to work with classroom teachers to incorporate
reading and writing instruction within all subject
areas, during regular classroom periods, after school,
and during summer school programs, for all students;
(B) to work with classroom teachers to identify
students with reading and writing problems and, where
appropriate, refer students to available programs for
remediation and additional services;
(C) to work with classroom teachers to diagnose and
remediate reading and writing difficulties of the
lowest performing students, by providing intensive,
research-based instruction, including during after
school and summer sessions, geared toward ensuring that
these students can access and be successful in rigorous
academic course work; and
(D) to assess and organize student data on literacy
and communicate that data to school administrators to
inform school reform efforts.
(2) Reviewing, analyzing, developing, and, where possible,
adapting curriculum to make sure literacy skills are taught
within the content area subjects.
(3) Providing reading and writing professional development
for all teachers in middle school and secondary school that
addresses both remedial and higher level literacy skills for
students in the applicable curriculum.
(4) Providing professional development for teachers,
administrators, and paraprofessionals, serving middle schools
and secondary schools to help the teachers, administrators, and
paraprofessionals meet literacy needs.
(5) Procuring and implementing programs and instructional
materials based on reading and writing research, including
software and other education technology related to reading and
writing instruction.
(6) Building on and promoting coordination among reading
and writing programs in the local educational agency to
increase overall effectiveness in improving reading and writing
instruction, including for students with disabilities and
students with limited English proficiency.
(7) Evaluating the effectiveness of the instructional
strategies, teacher professional development programs, and
other interventions that are implemented under the subgrant.
(f) Minimum Subgrant Amount.--Each eligible local educational
agency receiving a subgrant under this title for a fiscal year shall
receive a minimum subgrant amount that bears the same relation to the
amount of funds made available to the State educational agency under
section 105(e)(1) as the amount the local educational agency received
under part A of title I of the Elementary and Secondary Education Act
of 1965 for the preceding fiscal year bears to the amount received by
all local educational agencies under such part for the preceding fiscal
year.
(g) Sufficient Size and Scope.--Subgrants under this section shall
be of sufficient size and scope to enable local educational agencies to
fully implement activities assisted under this title.
(h) Supplement Not Supplant.--Each local educational agency
receiving a subgrant under this section shall use the subgrant funds to
supplement not supplant local educational agency funding for activities
authorized under this title or for other educational activities.
(i) New Services and Activities.--Subgrant funds provided under
this title may be used only to provide services and activities
authorized under this title that were not provided on the day before
the date of enactment of the Pathways for All Students to Succeed Act.
(j) Evaluations.--Each local educational agency receiving a grant
under this title shall participate, as requested by the State
educational agency or the Secretary, in reviews and evaluations of
their programs and the effectiveness of their programs, and shall
provide such reports as are requested by the State educational agency
and the Secretary.

SEC. 107. AUTHORIZATION OF APPROPRIATIONS.

For the purposes of carrying out this title, there are authorized
to be appropriated $1,000,000,000 for fiscal year 2005 and such sums as
may be necessary for each of the 5 succeeding fiscal years.

TITLE II--PATHWAYS TO SUCCESS

SEC. 201. FINDINGS.

Congress makes the following findings:
(1) In 2003, approximately 60 percent of students in the
poorest communities failed to graduate from secondary school on
time.
(2) All ninth grade students should have a plan that
assesses their instructional needs and outlines the coursework
they must complete to graduate on time, properly prepared for
college and careers.
(3) Research shows that 1 of the most important factors
behind student success in secondary school is a close
connection with at least 1 adult who demonstrates concern for
the student's advancement.
(4) Secondary school counselors can help students receive
the instructional, tutorial, and social supports that
contribute to academic success.
(5) Model programs around the Nation have demonstrated that
effective academic and support plans for students, developed by
counselors serving as academic coaches, in cooperation with
students and parents, result in a higher percentage of students
graduating from secondary school well prepared for college
study.

SEC. 202. DEFINITIONS.

In this title:
(1) In general.--The terms ``local educational agency'',
``poverty line'', ``secondary school'', ``Secretary'', and
``State educational agency'' have the meaning given the terms
in section 9101 of the Elementary and Secondary Education Act
of 1965.
(2) Academic counselor.--The term ``academic counselor''
means a highly qualified professional who has received
professional development appropriate to perform the functions
listed in section 205(d).
(3) State.--The term ``State'' means each of the 50 States,
the District of Columbia, the Commonwealth of Puerto Rico, the
United States Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands.

SEC. 203. PROGRAM AUTHORIZED.

The Secretary is authorized to establish a program, in accordance
with the requirements of this title, that--
(1) enables a secondary school that receives assistance
under title I of the Elementary and Secondary Act of 1965, to
hire a sufficient number of academic counselors, in a ratio of
not less than 1 counselor to 150 students, to develop personal
plans for each student at the school, including students with
limited English proficiency;
(2) involves parents in the development and implementation
of the personal plans; and
(3) provides academic counselors and staff at the schools
receiving grants under this title the opportunity to coordinate
with other programs and services, including those supported by
Federal funds, to ensure that students have access to the
resources and services necessary to fulfill their personal
plans.

SEC. 204. GRANTS TO STATES.

(a) Grants Authorized.--From amounts made available under section
206 and not reserved under subsection (i), the Secretary shall award
grants, from allotments under subsection (b), to State educational
agencies to enable the State educational agencies to provide subgrants
to eligible local educational agencies to implement programs in
secondary schools in accordance with this title.
(b) Allotments to States.--
(1) In general.--From funds appropriated under section 206
and not reserved under subsection (i) for a fiscal year, the
Secretary shall make an allotment to each State educational
agency having an application approved under subsection (d) in
an amount that bears the same relation to the funds as the
amount the State received under part A of title I of the
Elementary and Secondary Education Act of 1965 bears to the
amount received under such part by all States.
(2) Minimum allotment.--Notwithstanding paragraph (1), no
State educational agency shall receive an allotment under this
subsection for a fiscal year in an amount that is less than
0.25 percent of the amount allotted to the State educational
agencies under subsection (e)(1) for the fiscal year.
(3) Ratable reductions.--If the amount appropriated to
carry out this title for any fiscal year is less than
$2,000,000,000, then the Secretary shall ratably reduce the
allotment made to each State educational agency under this
subsection in proportion to the relative number of children who
are counted under section 1124(c) of the Elementary and
Secondary Education Act of 1965 in the State compared to such
number for all States.
(c) Length of Grants.--A grant to a State educational agency under
this title shall be awarded for a period of 6 years.
(d) Applications.--In order to receive a grant under this title, a
State educational agency shall submit an application to the Secretary
in the form and according to the schedule established by the Secretary
by regulation.
(e) State Use of Funds.--Each State educational agency receiving a
grant under this section shall use--
(1) 80 percent of the grant funds to award subgrants to
eligible local educational agencies under section 205; and
(2) 20 percent of the grant funds to provide professional
development to academic counselors and technical assistance to
local educational agencies, and to pay for administrative
costs, of which not more than 10 percent of such 20 percent may
be used for planning, administration, and reporting.
(f) Supplement Not Supplant.--Grant funds provided to State
educational agencies under this section shall be used to supplement not
supplant funding provided by the State for activities authorized under
this title or for other educational activities.
(g) New Services and Activities.--Grant funds provided under this
title may be used only to provide services and activities authorized
under this title that were not provided on the day before the date of
enactment of the Pathways for All Students to Succeed Act.
(h) Reallotment.--If a State educational agency does not apply for
funding under this title, the Secretary shall reallot the State
educational agency's allotment to the remaining eligible State
educational agencies.
(i) Reservations.--Of the funds appropriated under section 206 for
each fiscal year, the Secretary shall reserve--
(1) 2 percent for the Bureau of Indian Affairs to carry out
the authorized activities described in section 205(d); and
(2) 3 percent for national activities that support the
programs assisted under this title, except that the Secretary
shall not use such reserved funds to award grants directly to
local educational agencies.

SEC. 205. SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES.

(a) Subgrants Authorized.--From amounts made available under
section 204(e)(1) a State educational agency shall award subgrants to
eligible local educational agencies having applications approved under
subsection (c) to enable the eligible local educational agencies to
carry out the authorized activities described in subsection (d).
(b) Eligibility Requirements.--To be eligible to receive a subgrant
under this title, a local educational agency shall have jurisdiction
over at least 1 secondary school receiving assistance under part A of
title I of the Elementary and Secondary Education Act of 1965.
(c) Applications.--
(1) In general.--Each local educational agency desiring a
subgrant under this title shall submit an application to the
State educational agency in the form and according to the
schedule established by the State educational agency. Each such
application shall describe how the eligible local educational
agency will--
(A) hire a sufficient number of highly qualified
academic counselors to develop personal plans for all
students in such students' first year of secondary
school with a ratio of 1 academic counselor to not more
than 150 students in the secondary school served under
the subgrant;
(B) provide adequate resources to each such school
to offer the supplemental and other support services
that the implementation of students' personal plans
require, which supplemental services shall be provided,
where possible, through coordination with Federal TRIO
programs under chapter 1 of subpart 2 of part A of
title IV of the Higher Education Act of 1965, Gear Up
programs chapter 2 of such subpart, programs under
title I of the Elementary and Secondary Education Act
of 1965, 21st Century Community Learning Centers under
part B of title IV of the Elementary and Secondary Education Act of
1965, programs under the Individuals with Disabilities Education Act
(in accordance with students' individualized education programs), and
programs under the Carl D. Perkins Vocational and Technical Education
Act of 1998;
(C) include parents in the development and
implementation of students' personal plans; and
(D) provide staff at these schools with
opportunities for appropriate professional development
and coordination to help the staff support students in
implementing their personal plans.
(2) Consortia.--A local educational agency may apply to the
State educational agency for a subgrant as a consortium, if
each local educational agency that is a member of the
consortium meets the eligibility requirements described in
subsection (b).
(d) Authorized Activities.--Each local educational agency receiving
a subgrant under this title shall use the subgrant funds to provide the
following services:
(1) Hiring academic counselors (at a ratio of not less than
1 counselor per 150 students) to develop the 6-year personal
plans for all students in such students' first year of
secondary school and coordinate the services required to
implement such personal plans. Such academic counselors shall--
(A) work with students and their families to
develop an individual plan that will define such
students' career and education goals, assure enrollment
in the coursework necessary for on-time graduation and
preparation for career development or postsecondary
education, and identify the courses and supplemental
services necessary to meet those goals;
(B) advocate for students, helping the students to
access the services and supports necessary to achieve
the goals laid out in the personal plan for a student;
(C) assure student access to services, both
academic and nonacademic, needed to lower barriers to
succeed as needed;
(D) assess student progress on a regular basis;
(E) work with school and local educational agency
administrators to promote reforms based on student
needs and performance data;
(F) involve parents or caregivers, including those
who are limited English proficient, and teachers, in
the development of students' personal plans to ensure
the support and assistance of the parents, caregivers,
and teachers in meeting the goals outlined in such
personal plans; and
(G) communicate to students and their families the
importance of implementing the 2 years of the personal
plan following secondary school graduation, and work
with institutions of higher education to help students
transition successfully and fully implement their
personal plans.
(2) Determining the academic needs of all entering ninth
grade students and identifying barriers to success.
(3) Ensuring availability of the services necessary for the
implementation of students' personal plans, including access to
a college preparatory curriculum and advanced placement or
international baccalaureate courses.
(4) Where appropriate, modifying the curriculum at a
secondary school receiving funds under this title to address
the instructional requirements of students' personal plans.
(5) Providing for the ongoing assessment of students for
whom personal plans have been developed and modifying such
personal plans as necessary.
(6) Coordinating the services offered with subgrant funds
received under this title with other Federal, State, and local
funds, including programs authorized under title I of the
Elementary and Secondary Education Act of 1965, sections 402A
and 404A of the Higher Education Act of 1965, the Individuals
with Disabilities Education Act (in accordance with students'
individualized education programs), and the Carl D. Perkins
Vocational and Technical Education Act of 1998.
(e) Local Educational Agency Priority.--In awarding subgrants to
local educational agencies a State educational agency shall give
priority to local educational agencies with--
(1) the largest number or percentage of students in grades
6 through 12 reading below grade level; or
(2) the lowest graduation rates as described in section
1111(b)(2)(C)(vi) of the Elementary and Secondary Education Act
of 1965.
(f) School Priority.--In awarding subgrant funds to secondary
schools a local educational agency shall give priority to secondary
schools that--
(1) have the highest percentages or numbers of students in
grades 6 through 12 reading below grade level;
(2) have the highest percentages or numbers of children
living below the poverty line according to census figures; or
(3) have the lowest graduation rates as described in
section 1111(b)(2)(C)(vi) of the Elementary and Secondary
Education Act of 1965.
(g) Minimum Subgrant Amount.--Each eligible local educational
agency receiving a subgrant under this title for a fiscal year shall
receive a minimum subgrant amount that bears the same relation to the
amount of funds made available to the State educational agency under
section 204(e)(1) as the amount the local educational agency received
under part A of title I of the Elementary and Secondary Education Act
of 1965 for the preceding fiscal year bears to the amount received by
all local educational agencies in the State under such part for the
preceding fiscal year.
(h) Sufficient Size and Scope.--Subgrants under this section shall
be of sufficient size and scope to enable local educational agencies to
fully implement activities assisted under this title.
(i) Supplement Not Supplant.--Each local educational agency
receiving a subgrant under this section shall use the subgrant funds to
supplement not supplant funding for activities authorized under this
title or for other educational activities.
(j) New Services and Activities.--Subgrant funds provided under
this title may be used only to provide services and activities
authorized under this title that were not provided on the day before
the date of enactment of the Pathways for All Students to Succeed Act.

SEC. 206. AUTHORIZATION OF APPROPRIATIONS.

For the purposes of carrying out this title, there are authorized
to be appropriated $2,000,000,000 for fiscal year 2005 and such sums as
may be necessary for each of the 5 succeeding fiscal years.

TITLE III--FOSTERING SUCCESSFUL SECONDARY SCHOOLS

SEC. 301. FINDINGS.

Congress makes the following findings:
(1) Personalization of the school environment has been
proven to be an essential factor in helping low-performing
secondary school students succeed.
(2) Effective schools provide ongoing, high-quality
professional development for teachers and administrators to
improve instruction.
(3) Student success is dependent upon alignment of
curriculum, instruction, and assessment.
(4) Successful schools adapt instruction to the unique
interests and talents of each student.
(5) Successful schools have high expectations for all
students and offer a rigorous curriculum for the entire student
body.
(6) Ongoing assessment is the best way to measure how each
student is learning and responding to the teacher's
instructional methods.
(7) Effective secondary schools have access to, and
utilize, data related to student performance prior to, and
following, secondary school enrollment.
(8) Despite significant increases to the program, only
about 7 percent of title I of the Elementary and Secondary
Education Act of 1965 funding goes to secondary schools.
(9) Each school day, approximately 3,000 secondary school
students drop out of school.
(10) The Nation's secondary school graduation rate hovers
at 69 percent but in urban areas that figure is even lower.
(11) Even secondary school graduates going on to college
are struggling with basic literacy skills, with 40 percent of
all 4-year college students taking a remedial course and 63
percent of all community college students assigned to at least
1 remedial course.

SEC. 302. PURPOSES.

It is the purpose of this title to implement research-based
programs, practices, and models that will improve student achievement
in low performing secondary schools.

SEC. 303. DEFINITIONS.

In this title:
(1) In general.--The terms ``institution of higher
education'', ``local educational agency'', ``secondary
school'', ``Secretary'', and ``State educational agency'' have
the meanings given the terms in section 9101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801).
(2) Eligible local educational agency.--The term ``eligible
local educational agency'' means a local educational agency
that has jurisdiction over at least 1 eligible secondary
school.
(3) Eligible partnership.--The term ``eligible
partnership'' means--
(A) an eligible local educational agency in
partnership with a regional educational laboratory, an
institution of higher education, or another nonprofit
institution with significant experience in implementing
and evaluating education reforms; or
(B) a consortium of eligible secondary schools or
eligible local educational agencies, each of which is
an eligible entity described in subparagraph (A).
(4) Eligible secondary school.--The term ``eligible
secondary school'' means a secondary school identified for
school improvement under section 1116(b) of the Elementary and
Secondary Education Act of 1965 as of the day preceding that
date of enactment of the Pathways for All Students to Succeed
Act.
(5) State.--The term ``State'' means each of the several
States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the United States Virgin Islands,
Guam, American Samoa, and the Commonwealth of the Northern
Mariana Islands.

SEC. 304. PROGRAM AUTHORIZED; AUTHORIZATION OF APPROPRIATIONS.

(a) Program Authorized.--The Secretary is authorized to award
grants to State educational agencies, from allotments under section
305(b), to enable the State educational agencies to award subgrants to
eligible local educational agencies, from allocations under section
305(c)(2), to promote secondary school improvement and student
achievement.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this title $500,000,000 for fiscal year 2005
and such sums as may be necessary for each of the 5 succeeding fiscal
years.

SEC. 305. RESERVATIONS, STATE ALLOTMENTS, AND LOCAL ALLOCATIONS.

(a) Reservations.--From funds appropriated under section 304(b) for
a fiscal year the Secretary shall reserve--
(1) 2 percent for schools funded or supported by the Bureau
of Indian Affairs to carry out the purposes of this title for
Indian children;
(2) 3 percent to carry out national activities in support
of the purposes of this title; and
(3) 95 percent for allotment to the States in accordance
with subsection (b).
(b) Allotment to States.--
(1) In general.--From funds reserved under subsection
(a)(3) for a fiscal year, the Secretary shall make an allotment
to each State educational agency in an amount that bears the
same relationship to the funds as the number of schools in that
State that have been identified for school improvement under
section 1116(b) of the Elementary and Secondary Education Act
of 1965 bears to the number of schools in all States that have
been identified for school improvement under such section
1116(b).
(2) Reallotment.--The portion of any State educational
agency's allotment that is not used by the State educational
agency shall be reallotted among the remaining State
educational agencies on the same basis as the original
allotments were made under paragraph (1).
(c) Allocations to Eligible Local Educational Agencies.--
(1) Reservations.--Each State educational agency receiving
a grant under this title shall reserve--
(A) not more than 10 percent of the grant funds--
(i) for State level activities to provide
high quality professional development and
technical assistance to local educational
agencies receiving funds under this title and
to other local educational agencies as
appropriate, including the dissemination and
implementation of research-based programs,
practices, and models for secondary school
improvement; and
(ii) to contract for the evaluation of all
programs and activities in the State that are
assisted under this title; and
(B) not less than 90 percent of the grant funds to
award subgrants to eligible local educational agencies
to enable the eligible local educational agencies to
carry out the activities described in section 306.
(2) Local allocation.--From funds reserved under paragraph
(1)(B), the State educational agency shall allocate to each
eligible local educational agency in the State an amount that
bears the same relation to such funds as the number of
secondary schools that have been identified for school
improvement under section 1116(b) of the Elementary and
Secondary Education Act of 1965 that are served by the eligible
local educational agency, bears to the number of such schools
served by all eligible local educational agencies in the State.

SEC. 306. LOCAL USES OF FUNDS.

Each eligible local educational agency receiving a subgrant under
this title shall use the subgrant funds for activities to improve
secondary schools that have been identified for school improvement
under section 1116(b) of the Elementary and Secondary Education Act of
1965, such as--
(1) developing and implementing research-based programs or
models that have been shown to raise achievement among
secondary school students, including smaller learning
communities, adolescent literacy programs, block scheduling,
whole school reforms, individualized learning plans,
personalized learning environments, and strategies to target
students making the transition from middle school to secondary
school;
(2) promoting community investment in school quality by
engaging parents, businesses, and community-based organizations
in the development of reform plans for eligible secondary
schools;
(3) researching, developing, and implementing a school
district strategy to create smaller learning communities for
secondary school students, both by creating smaller learning
communities within existing secondary schools, and by
developing new, smaller, and more personalized secondary
schools;
(4) providing professional development for school staff in
research-based practices, such as interactive instructional
strategies and opportunities to connect learning with
experience; and
(5) providing professional development and leadership
training for principals and other school leaders in the best
practices of instructional leadership and implementing school
reforms to raise student achievement.

SEC. 307. APPLICATIONS.

(a) States.--Each State educational agency desiring a grant under
this title shall submit to the Secretary an application at such time,
in such manner, and containing such information as the Secretary may
require to ensure compliance with the requirements of this title.
(b) Eligible Local Educational Agencies.--Each eligible local
educational agency desiring a subgrant under this title shall submit to
the State educational agency an application at such time, in such
manner, and containing such information as the State educational agency
may require to ensure compliance with the requirements of this title.
Each such application shall describe how the eligible local educational
agency will form an eligible partnership to carry out the activities
assisted under this title.

SEC. 308. EVALUATIONS.

In cooperation with the State educational agencies receiving funds
under this title, the Secretary shall undertake or contract for a
rigorous evaluation of the effectiveness and success of activities
conducted under this title.
<all>