[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 844 Introduced in Senate (IS)]
112th CONGRESS
1st Session
S. 844
To provide incentives for States and local educational agencies to
implement comprehensive reforms and innovative strategies that are
designed to lead to significant improvement in outcomes for all
students and significant reductions in achievement gaps among subgroups
of students, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 14, 2011
Mr. Lieberman (for himself and Mr. Bennet) introduced the following
bill; which was read twice and referred to the Committee on Health,
Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To provide incentives for States and local educational agencies to
implement comprehensive reforms and innovative strategies that are
designed to lead to significant improvement in outcomes for all
students and significant reductions in achievement gaps among subgroups
of students, 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 ``Race to the Top Act of 2011''.
SEC. 2. RACE TO THE TOP.
(a) In General.--Title VI of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7301 et seq.) is amended--
(1) by redesignating part C as part D;
(2) by redesignating sections 6301 and 6302 as sections
6401 and 6402, respectively; and
(3) by inserting after part B the following:
``PART C--RACE TO THE TOP
``SEC. 6301. PURPOSES.
``The purposes of this part are to--
``(1) provide incentives for States and local educational
agencies to implement comprehensive reforms and innovative
strategies that are designed to lead to--
``(A) significant improvements in outcomes for all
students, including improvements in student
achievement, secondary school graduation rates,
postsecondary education enrollment rates, and rates of
postsecondary education persistence; and
``(B) significant reductions in achievement gaps
among subgroups of students; and
``(2) encourage the broad identification, adoption, use,
dissemination, replication, and expansion of effective State
and local policies and practices that lead to significant
improvement in outcomes for all students, and the elimination
of those policies and practices that are not effective in
improving student outcomes.
``SEC. 6302. RESERVATION OF FUNDS.
``(a) Reservation.--From the amount made available to carry out
this part for a fiscal year, the Secretary may reserve not more than 10
percent of such amount to carry out activities related to--
``(1) technical assistance;
``(2) outreach and dissemination; and
``(3) prize awards made in accordance with section 24 of
the Stevenson-Wydler Technology Innovation Act of 1980 (15
U.S.C. 3719).
``(b) Availability of Funds.--Notwithstanding any other provision
of law, funds for prize awards under subsection (a)(3) shall remain
available until expended.
``SEC. 6303. PROGRAM AUTHORIZED.
``(a) In General.--From the amounts made available under section
6308 for a fiscal year and not reserved under section 6302, the
Secretary shall award grants, on a competitive basis, to States or
local educational agencies, or both, in accordance with section
6304(b), to enable the States or local educational agencies to carry
out the purposes of this part.
``(b) Grant and Subgrant Eligibility Limitations.--
``(1) ARRA state incentive grants.--A State that has
received a grant under section 14006 of division A of the
American Recovery and Reinvestment Act of 2009 (Public Law 111-
5; 123 Stat. 283) may not receive a grant under this part
during the period of its grant under such section.
``(2) Number of grants.--A State or local educational
agency may not receive more than 1 grant under this part per
grant period.
``(3) Number of subgrants.--A local educational agency may
receive 1 grant and 1 subgrant under this part for the same
fiscal year.
``(c) Duration of Grants.--
``(1) In general.--A grant under this part shall be awarded
for a period of not more than 4 years.
``(2) Continuation of grants.--A State or local educational
agency that is awarded a grant under this part shall not
receive grant funds under this part for the second or any
subsequent year of the grant unless the State or local
educational agency demonstrates to the Secretary, at such time
and in such manner as determined by the Secretary, that the
State or local educational agency, respectively, is--
``(A) making progress in implementing the plan
under section 6304(a)(3) at a rate that the Secretary
determines will result in the State or agency fully
implementing such plan during the remainder of the
grant period; or
``(B) making progress against the performance
measures set forth in section 6305 at a rate that the
Secretary determines will result in the State or agency
reaching its targets and achieving the objectives of
the grant during the remainder of the grant period.
``SEC. 6304. APPLICATIONS.
``(a) Applications.--Each State or local educational agency that
desires to receive a grant under this part shall submit an application
to the Secretary at such time, in such manner, and containing such
information as the Secretary may reasonably require. At a minimum, each
such application shall include--
``(1) documentation of the applicant's record, as
applicable--
``(A) in increasing student achievement, including
for all subgroups described in section
1111(b)(2)(C)(v)(II);
``(B) in decreasing achievement gaps, including for
all subgroups described in section
1111(b)(2)(C)(v)(II);
``(C) in increasing secondary school graduation
rates, including for all subgroups described in section
1111(b)(2)(C)(v)(II);
``(D) in increasing postsecondary education
enrollment and persistence rates, including for all
subgroups described in section 1111(b)(2)(C)(v)(II);
and
``(E) with respect to any other performance measure
described in section 6305 that is not included in
subparagraphs (A) through (D);
``(2) evidence of conditions of innovation and reform that
the applicant has established and the applicant's proposed plan
for implementing additional conditions for innovation and
reform, including--
``(A) a description of how the applicant has
identified and eliminated ineffective practices in the
past and the applicant's plan for doing so in the
future;
``(B) a description of how the applicant has
identified and promoted effective practices in the past
and the applicant's plan for doing so in the future;
and
``(C) steps the applicant has taken and will take
to eliminate statutory, regulatory, procedural, or
other barriers and to facilitate the full
implementation of the proposed plan under this
paragraph;
``(3) a comprehensive and coherent plan for using funds
under this part, and other Federal, State, and local funds, to
improve the applicant's performance on the measures described
in section 6305, consistent with criteria set forth by the
Secretary, including how the applicant will, if applicable--
``(A) improve the effectiveness of teachers and
school leaders, and promote equity in the distribution
of effective teachers and school leaders, in order to
ensure that low-income and minority children are not
taught by ineffective teachers, and are not in schools
led by ineffective leaders, at higher rates than other
children;
``(B) strengthen the use of high-quality and timely
data to improve instructional practices, policies, and
student outcomes, including teacher evaluations;
``(C) implement internationally benchmarked,
college- and career-ready elementary and secondary
academic standards, including in the areas of
assessment, instructional materials, professional
development, and strategies that translate the
standards into classroom practice;
``(D) turn around the persistently lowest-achieving
elementary schools and secondary schools served by the
applicant;
``(E) support or coordinate with early learning
programs for high-need children from birth through
grade 3 to improve school readiness and ensure that
students complete grade 3 on track for school success;
and
``(F) create or maintain successful conditions for
high-performing charter schools and other innovative,
autonomous public schools;
``(4)(A) in the case of an applicant that is a State--
``(i) evidence of collaboration between the State,
its local educational agencies, schools (as
appropriate), parents, teachers, and other
stakeholders, in developing the plan described in
paragraph (3), including evidence of the commitment and
capacity to implement the plan; and
``(ii)(I) the names of the local educational
agencies the State has selected to participate in
carrying out the plan; or
``(II) a description of how the State will select
local educational agencies to participate in carrying
out the plan; or
``(B) in the case of an applicant that is a local
educational agency, evidence of collaboration between
the local educational agency, schools, parents,
teachers, and other stakeholders, in developing the
plan described in paragraph (3), including evidence of
the commitment and capacity to implement the plan;
``(5) the applicant's annual performance measures and
targets, consistent with the requirements of section 6305; and
``(6) a description of the applicant's plan to conduct a
rigorous evaluation of the effectiveness of activities carried
out with funds under this part.
``(b) Criteria for Evaluating Applications.--
``(1) Award basis.--The Secretary shall award grants under
this part on a competitive basis, based on the quality of the
applications submitted under subsection (a), including--
``(A) each applicant's record in the areas
described in subsection (a)(1);
``(B) each applicant's record of, and commitment
to, establishing conditions for innovation and reform,
as described in subsection (a)(2);
``(C) the quality and likelihood of success of each
applicant's plan described in subsection (a)(3) in
showing improvement in the areas described in
subsection (a)(1), including each applicant's capacity
to implement the plan and evidence of collaboration as
described in subsection (a)(4); and
``(D) each applicant's evaluation plan as described
in subsection (a)(6).
``(2) Explanation.--The Secretary shall publish an
explanation of how the application review process under this
section will ensure an equitable and objective evaluation based
on the criteria described in paragraph (1).
``(c) Priority.--In awarding grants to local educational agencies
under this part, the Secretary shall give priority to--
``(1) local educational agencies with the highest numbers
or percentages of children from families with incomes below the
poverty line; and
``(2) local educational agencies that serve schools
designated with a school locale code of 41, 42, or 43.
``SEC. 6305. PERFORMANCE MEASURES.
``Each State and each local educational agency receiving a grant
under this part shall establish performance measures and targets,
approved by the Secretary, for the programs and activities carried out
under this part. These measures shall, at a minimum, track the State's
or local educational agency's progress in--
``(1) implementing its plan described in section
6304(a)(3); and
``(2) improving outcomes for all subgroups described in
section 1111(b)(2)(C)(v)(II) including, as applicable, by--
``(A) increasing student achievement;
``(B) decreasing achievement gaps;
``(C) increasing secondary school graduation rates;
``(D) increasing postsecondary education enrollment
and persistence rates;
``(E)(i) improving the effectiveness of teachers
and school leaders and increasing the retention of
effective teachers and school leaders; and
``(ii) promoting equity in the distribution of
effective teachers and school leaders in order to
ensure that low-income and minority children are not
taught by ineffective teachers, and are not in schools
led by ineffective leaders, at higher rates than other
children; and
``(F) making progress on any other measures
identified by the Secretary.
``SEC. 6306. USES OF FUNDS.
``(a) Grants to States.--Each State that receives a grant under
this part shall use--
``(1) not less than 50 percent of the grant funds to make
subgrants to the local educational agencies in the State that
participate in the State's plan under section 6304(a)(3), based
on such local educational agencies' relative shares of funds
under part A of title I for the most recent year for which
those data are available; and
``(2) not more than 50 percent of the grant funds for any
purpose included in the State's plan under section 6304(a)(3).
``(b) Grants to Local Educational Agencies.--Each local educational
agency that receives a grant under this part shall use the grant funds
for any purpose included in the local educational agency's plan under
section 6304(a)(3).
``(c) Subgrants to Local Educational Agencies.--Each local
educational agency that receives a subgrant under this part from a
State shall use the subgrant funds for any purpose included in the
State's plan under section 6304(a)(3).
``SEC. 6307. REPORTING.
``(a) Annual Reports.--A State or local educational agency that
receives a grant under this part shall submit to the Secretary, at such
time and in such manner as the Secretary may require, an annual report
including--
``(1) data on the State's or local educational agency's
progress in achieving the targets for the performance measures
established under section 6305;
``(2) a description of the challenges the State or agency
has faced in implementing its program and how it has addressed
or plans to address those challenges; and
``(3) findings from the evaluation plan as described in
section 6304(a)(6).
``(b) Local Reports.--Each local educational agency that receives a
subgrant from a State under this part shall submit to the State such
information as the State may require to complete the annual report
required under subsection (a).
``SEC. 6308. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this part
$1,350,000,000 for fiscal year 2012 and such sums as may be necessary
for each of the 5 succeeding fiscal years.''.
(b) Conforming Amendments.--The table of contents for the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7301 et seq.)
is amended--
(1) by striking the items relating to part C of title VI;
and
(2) by inserting after the item relating to section 6234
the following:
``Part C--Race to the Top
``Sec. 6301. Purposes.
``Sec. 6302. Reservation of funds.
``Sec. 6303. Program authorized.
``Sec. 6304. Applications.
``Sec. 6305. Performance measures.
``Sec. 6306. Uses of funds.
``Sec. 6307. Reporting.
``Sec. 6308. Authorization of appropriations.
``Part D--General Provisions
``Sec. 6401. Prohibition against Federal mandates, direction, or
control.
``Sec. 6402. Rule of construction on equalized spending.''.
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