Home > 106th Congressional Bills > H.R. 2300 (ih) To allow a State to combine certain funds to improve the academic achievement of all its students. [Introduced in House] ...

H.R. 2300 (ih) To allow a State to combine certain funds to improve the academic achievement of all its students. [Introduced in House] ...


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106th CONGRESS

  1st Session

                               H. R. 2300

_______________________________________________________________________

                                 AN ACT

   To allow a State to combine certain funds to improve the academic 
                    achievement of all its students.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
106th CONGRESS
  1st Session
                                H. R. 2300

_______________________________________________________________________

                                 AN ACT


 
   To allow a State to combine certain funds to improve the academic 
                    achievement of all its students.

    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 ``Academic Achievement for All Act 
(Straight A's Act)''.

SEC. 2. PURPOSE.

    The purpose of this Act is to create options for States and 
communities--
            (1) to improve the academic achievement of all students, 
        and to focus the resources of the Federal Government upon such 
        achievement;
            (2) to improve teacher quality and subject matter mastery, 
        especially in math, reading, and science;
            (3) to empower parents and schools to effectively address 
        the needs of their children and students;
            (4) to give States and communities maximum freedom in 
        determining how to boost academic achievement and implement 
        education reforms;
            (5) to eliminate Federal barriers to implementing effective 
        State and local education programs;
            (6) to hold States and communities accountable for boosting 
        the academic achievement of all students, especially 
        disadvantaged children; and
            (7) to narrow achievement gaps between the lowest and 
        highest performing groups of students so that no child is left 
        behind.

SEC. 3. PERFORMANCE AGREEMENT.

    (a) Program Authorized.--Not more than 10 States may, at their 
option, execute a performance agreement with the Secretary under which 
the provisions of law described in section 4(a) shall not apply to such 
State except as otherwise provided in this Act.
    (b) Local Input.--States shall provide parents, teachers, and local 
schools and districts notice and opportunity to comment on any proposed 
performance agreement prior to submission to the Secretary as provided 
under general State law notice and comment provisions.
    (c) Approval of Performance Agreement.--A performance agreement 
submitted to the Secretary under this section shall be considered as 
approved by the Secretary within 60 days after receipt of the 
performance agreement unless the Secretary provides a written 
determination to the State that the performance agreement fails to 
satisfy the requirements of this Act before the expiration of the 60-
day period.
    (d) Terms of Performance Agreement.--Each performance agreement 
executed pursuant to this Act shall include the following provisions:
            (1) Term.--A statement that the term of the performance 
        agreement shall be 5 years.
            (2) Application of program requirements.--A statement that 
        no program requirements of any program included by the State in 
        the performance agreement shall apply, except as otherwise 
        provided in this Act.
            (3) List.--A list provided by the State of the programs 
        that it wishes to include in the performance agreement.
            (4) Use of funds to improve student achievement.--A 5-year 
        plan describing how the State intends to combine and use the 
        funds from programs included in the performance agreement to 
        advance the education priorities of the State, improve student 
        achievement, and narrow achievement gaps between students.
            (5) Accountability requirements.--If a State includes any 
        part of title I of the Elementary and Secondary Education Act 
        of 1965 in its performance agreement, the State shall include a 
        certification that the State has done the following:
                    (A)(i) developed and implemented the challenging 
                State content standards, challenging State student 
                performance standards, and aligned assessments 
                described in section 1111(b) of the Elementary and 
                Secondary Education Act of 1965; or
                    (ii) developed and implemented a system to measure 
                the degree of change from one school year to the next 
                in student performance;
                    (B) developed and is implementing a statewide 
                accountability system that has been or is reasonably 
                expected to be effective in substantially increasing 
                the numbers and percentages of all students who meet 
                the State's proficient and advanced levels of 
                performance;
                    (C) established a system under which assessment 
                information may be disaggregated within each State, 
                local educational agency, and school by each major 
                racial and ethnic group, gender, English proficiency 
                status, migrant status, and by economically 
                disadvantaged students as compared to students who are 
                not economically disadvantaged (except that such 
                disaggregation shall not be required in cases in which 
                the number of students in any such group is 
                insufficient to yield statistically reliable 
                information or would reveal the identity of an 
                individual student);
                    (D) established specific, measurable, numerical 
                performance objectives for student achievement, 
                including a definition of performance considered to be 
                proficient by the State on the academic assessment 
                instruments described under subparagraph (A);
                    (E) developed and implemented a statewide system 
                for holding its local educational agencies and schools 
                accountable for student performance that includes--
                            (i) a procedure for identifying local 
                        educational agencies and schools in need of 
                        improvement, using the assessments described 
                        under subparagraph (A);
                            (ii) assisting and building capacity in 
                        local educational agencies and schools 
                        identified as in need of improvement to improve 
                        teaching and learning; and
                            (iii) implementing corrective actions after 
                        no more than 3 years if the assistance and 
                        capacity building under clause (ii) is not 
                        effective.
            (6) Performance goals.--
                    (A) Student academic achievement.--Each State shall 
                establish annual student performance goals for the 5-
                year term of the performance agreement that, at a 
                minimum--
                            (i) establish a single high standard of 
                        performance for all students;
                            (ii) take into account the progress of 
                        students from every local educational agency 
                        and school in the State;
                            (iii) are based primarily on the State's 
                        challenging content and student performance 
                        standards and assessments described under 
                        paragraph (5)(A);
                            (iv) include specific annual improvement 
                        goals in each subject and grade included in the 
                        State assessment system, which must include, at 
                        a minimum, reading or language arts and math;
                            (v) compares the proportions of students at 
                        the ``basic'', ``proficient'', and ``advanced'' 
                        levels of performance (as defined by the State) 
                        with the proportions of students at each of the 
                        three levels in the same grade in the previous 
                        school year;
                            (vi) includes annual numerical goals for 
                        improving the performance of each group 
                        specified in paragraph (5)(C) and narrowing 
                        gaps in performance between the highest and 
                        lowest performing students in accordance with 
                        section 10(b); and
                            (vii) requires all students in the State to 
                        make substantial gains in achievement.
                    (B) Additional indicators of performance.--A State 
                may identify in the performance agreement any 
                additional indicators of performance such as 
                graduation, dropout, or attendance rates.
                    (C) Consistency of performance measures.--A State 
                shall maintain, at a minimum, the same level of 
                challenging State student performance standards and 
                assessments throughout the term of the performance 
                agreement.
            (7) Fiscal responsibilities.--An assurance that the State 
        will use fiscal control and fund accounting procedures that 
        will ensure proper disbursement of, and accounting for, Federal 
        funds paid to the State under this Act.
            (8) Civil rights.--An assurance that the State will meet 
        the requirements of applicable Federal civil rights laws.
            (9) Private school participation.--
                    (A) Equitable participation.--An assurance that the 
                State will provide for the equitable participation of 
                students and professional staff in private schools.
                    (B) Application of bypass.--An assurance that 
                sections 14504, 14505, and 14506 of the Elementary and 
                Secondary Education Act of 1965 (20 U.S.C. 8894, 8895, 
                and 8896) shall apply to all services and assistance 
                provided under this Act in the same manner as they 
                apply to services and assistance provided in accordance 
                with section 14503 of such Act.
            (10) State financial participation.--An assurance that the 
        State will not reduce the level of spending of State funds for 
        elementary and secondary education during the term of the 
        performance agreement.
            (11) Annual report.--An assurance that not later than 1 
        year after the execution of the performance agreement, and 
        annually thereafter, each State shall disseminate widely to 
        parents and the general public, submit to the Secretary, 
        distribute to print and broadcast media, and post on the 
        Internet, a report that includes--
                    (A) student academic performance data, 
                disaggregated as provided in paragraph (5)(C); and
                    (B) a detailed description of how the State has 
                used Federal funds to improve student academic 
                performance and reduce achievement gaps to meet the 
                terms of the performance agreement.
    (e) Special Rule.--If a State does not include any part of title I 
of the Elementary and Secondary Education Act of 1965 in its 
performance agreement, the State shall--
            (1) certify that it has developed a system to measure the 
        academic performance of all students; and
            (2) establish challenging academic performance goals for 
        such other programs using academic assessment data described in 
        paragraph (5).
    (f) Amendment to Performance Agreement.--A State may submit an 
amendment to the performance agreement to the Secretary under the 
following circumstances:
            (1) Reduce scope of performance agreement.--Not later than 
        1 year after the execution of the performance agreement, a 
        State may amend the performance agreement through a request to 
        withdraw a program from such agreement. If the Secretary 
        approves the amendment, the requirements of existing law shall 
        apply for any program withdrawn from the performance agreement.
            (2) Expand scope of performance agreement.--Not later than 
        1 year after the execution of the performance agreement, a 
        State may amend its performance agreement to include additional 
        programs and performance indicators for which it will be held 
        accountable.
            (3) Approval of Amendment.--An amendment submitted to the 
        Secretary under this subsection shall be considered as approved 
        by the Secretary within 60 days after receipt of the amendment 
        unless the Secretary provides a written determination to the 
        State that the performance agreement if amended by the 
        amendment would fail to satisfy the requirements of this Act, 
        before the expiration of the 60-day period.

SEC. 4. ELIGIBLE PROGRAMS.

    (a) Eligible Programs.--The provisions of law referred to in 
section 3(a) except as otherwise provided in subsection (b), are as 
follows:
            (1) Part A of title I of the Elementary and Secondary 
        Education Act of 1965.
            (2) Part B of title I of the Elementary and Secondary 
        Education Act of 1965.
            (3) Part C of title I of the Elementary and Secondary 
        Education Act of 1965.
            (4) Part D of title I of the Elementary and Secondary 
        Education Act of 1965.
            (5) Part B of title II of the Elementary and Secondary 
        Education Act of 1965.
            (6) Section 3132 of title III of the Elementary and 
        Secondary Education Act of 1965.
            (7) Title IV of the Elementary and Secondary Education Act 
        of 1965.
            (8) Title VI of the Elementary and Secondary Education Act 
        of 1965.
            (9) Section 307 of the Department of Education 
        Appropriation Act of 1999.
            (10) Comprehensive school reform programs as authorized 
        under section 1502 of the Elementary and Secondary Education 
        Act of 1965 and described on pages 96-99 of the Joint 
        Explanatory Statement of the Committee of Conference included 
        in House Report 105-390 (Conference Report on the Departments 
        of Labor, Health and Human Services, and Education, and Related 

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