Sec. 1116. School performance

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Section 1116 ( 20 U.S.C. 6316 ) is amended to read as follows: Each State receiving a grant under this part shall establish a school accountability and improvement system that— is part of the accountability system required under section 1111(a)(3) and implements the requirements of such system; supports schools that are not meeting the State's performance targets under section 1111(a)(3)(C) for all students; and identifies the public elementary schools and secondary schools in the State that will need local interventions under subsection (b), that are focus schools under subsection (c), and that are priority schools under subsection (d), and the processes to be used to improve schools in each category, in accordance with this section and section 2123(b).

The State shall include information describing the school accountability and improvement system in the State plan under section 1111(b), which shall be subject to peer review and approval by the Secretary as part of the State plan, in accordance with such section. Beginning in the 2015–2016 school year, each local educational agency receiving a subgrant under this part shall— identify each school that, after 2 consecutive years, has not met the same performance target described in section 1111(a)(3)(C) for the same subgroup described in section 1111(a)(3)(D); and ensure that such school, in collaboration with the local educational agency, develops and implements a locally designed intervention to improve student achievement in each such subgroup.

Each local educational agency that implements locally designed interventions under paragraph

(1)to support schools that have not met performance targets for a subgroup will report to the State educational agency regarding the resources and interventions used to address the achievement of students in the subgroup, and the outcomes of those efforts. The State educational agency shall annually select the interventions with exemplary outcomes, share such interventions and outcomes with the public, and communicate such interventions and outcomes to the Secretary. Each school served under this part that has been identified as a school that has not met the same subgroup performance target, as described in paragraph (1), for the preceding 3 consecutive years shall work with the State educational agency to implement a State-approved intervention based on established best practices within State. Beginning in the 2015–2016 school year, a State shall identify as a focus school, for the 3-year period following the school's identification period (except as provided in paragraph (2))— each public school in the State that— is not identified as a priority school under subsection (d); and is in the 10 percent of such schools with the greatest achievement gaps among the subgroups described in section 1111(a)(3)(D) as compared to the statewide average, as determined by the State academic assessments under section 1111(a)(2); and each public high school in the State that— is not identified as a priority school under subsection (d); and is in the 10 percent of such schools with the greatest graduation rate gaps among such subgroups as compared to the statewide averages. For each focus school identified under paragraph (1), the local educational agency serving the school shall, in accordance with the State accountability system described in section 1111(a)(3), develop and implement a measurable and data-driven correction plan to improve the performance of low-achieving subgroups in the school in order to close achievement gaps. A correction plan under this paragraph shall be developed with input from teachers, parents, community members, and other stakeholders. If a State determines that all schools that would otherwise be considered to be the lowest-achieving 10 percent of schools with the greatest achievement gap, or graduation rate gap, under paragraph (1), are actually performing at a satisfactory level of performance, the State may apply to the Secretary to waive the requirements of this subsection with respect to such schools. The State educational agency shall no longer identify a school that has been identified as a focus school for any remainder of the school's 3-year identification period if— at any time during the 3-year period for which a school is so identified, the school has met all of its performance targets as described in section 1111(a)(3)(C) for the school year; or after 2 years of the 3-year period, the State determines, based on the most current data, that the school's rate of improvement is sufficient to enable the school to meet all of the school's performance targets by the end of the 3-year period. Beginning in the 2015–2016 school year, a State shall identify as a priority school, for the 3-year period following the school's identification (except as provided in paragraph (5))— each school served under this part in the State that is in the lowest-achieving 5 percent of elementary schools; each school served under this part in the State that is in the lowest-achieving 5 percent of secondary schools; each public high school in the State with a graduation rate of less than 60 percent; and each school served under this part that has been identified as a focus school under subsection

(c)for the 6 preceding consecutive years. If a State determines that all schools that would otherwise be considered to be the lowest-achieving 5 percent of schools under clause (i), are actually performing at a satisfactory level of performance based on the measures used by the State to identify priority schools, the State may apply to the Secretary to waive the requirements of this subparagraph, and paragraphs

(2)through (5), for such schools. Each local educational agency receiving assistance under this part shall conduct a data-driven needs analysis, which may involve an external partner with expertise in conducting such needs analysis, of each school identified as a priority school, as the case may be, to determine the most appropriate school improvement strategies to improve student performance. Such needs analysis shall include— a diagnostic review of data related to students and instructional staff; an analysis of the school governance, curriculum, instruction, student supports, conditions for learning, and parent and family engagement practices relative to the needs of the student population; and the resources, which may include community-based supports and early childhood education, available at the school, local educational agency, and community levels to meet student needs and support improved student achievement and outcomes and the implementation of any school improvement strategy. Each State receiving a grant under this part shall ensure that a local educational agency receiving assistance under this part carries out the requirements of subparagraph

(B)for each school identified as a priority school under paragraph

(1)in the State. Each local educational agency receiving assistance under this part shall, consistent with the State's accountability system under section 1111(a)(3)— establish a process for selecting an appropriate school improvement strategy for each school described in subparagraph

(A)that is served by the local educational agency; select the school improvement strategy to be used in each such school and the timeline for implementing the selected school improvement strategy in such school; develop a detailed budget covering the 3-year identification period, including planned expenditures at the school level for activities supporting full and effective implementation of the selected school improvement strategy; implement a school improvement strategy at the school in accordance with the requirements of paragraph (4); use appropriate measures to monitor the effectiveness of the implementation; review and select turnaround partners to assist in implementing school improvement strategies; align other Federal, State, and local resources with the school improvement strategy; provide the school with the operational flexibility, including autonomy over staffing, time, and budget, needed to enable full and effective implementation of the selected strategy, including through the modification of practices or policies, if necessary; collect and use data on an ongoing basis to adjust implementation of the school improvement strategy to improve student achievement; provide an assurance that the implementation of the selected school improvement strategy addresses the needs of all the subgroups of students described in section 1111(a)(3)(D) in the school; take steps to sustain successful reforms and practices after the school is no longer identified as a priority school; provide technical assistance and other support to ensure students graduate from high school college- and career-ready, as determined by the State's academic content standards under section 1111(a)(1), through the effective implementation of the school improvement strategy in the school, which— may include assistance in— data collection and analysis; recruiting and retaining staff; teacher and principal evaluation; professional development; parent and family engagement; coordination of services with high-quality early childhood education providers; coordination of services to address students’ social, emotional, and health needs; and monitoring the implementation of the school improvement strategy selected under paragraph (4); and shall include assistance in the implementation of schoolwide positive behavior supports, school-based mental health programs, and other approaches with evidence of effectiveness, for improving the learning environment in the school and reducing the need for suspensions, expulsions, and other actions that remove students from instruction, including effective strategies for improving coordination of community resources; establish partnerships with employers, institutions of higher education, service providers, and others to assist in implementing school improvement strategies described in paragraph (4); and review school discipline and climate data, disaggregated by each subgroup described in section 1111(a)(3)(D), in assessing the needs of the school and, if low-achieving subgroups receive a disproportionate amount of suspensions, expulsions, or other forms of exclusionary discipline, incorporate evidence-based strategies to reduce out-of-classroom punishment and promote student engagement in the school’s improvement plan. If a school identified as a priority school under this subsection for a 3-year identification period is re-identified as a priority school for the subsequent 3-year period, the State may take over the school and act as the local educational agency for purposes of this subsection, if permitted under State law. A local educational agency implementing any strategies under this paragraph for a school shall— provide staff at the school with ongoing professional development, consistent with the needs analysis described in paragraph (2); conduct regular evaluations for the teachers and principals at the school that provide specific feedback on areas of strength and in need of improvement; provide time for collaboration among instructional staff at the school to improve student achievement; provide instructional staff at the school with timely access to student data to inform instruction and meet the academic needs of individual students, which may include, in elementary school, school readiness data; collaborate with parents and families, the community, teachers, other school personnel at the school, and representatives of Indian tribes located in the area served by the local educational agency, on the selection and implementation of the strategy; use data to identify and implement a research-based instructional program that— analyzes student progress and performance and develops appropriate interventions for students who are not making adequate progress; and provides differentiated instruction and related instructional supports; meets the unique cultural, language, and educational needs of all students served by such school; in the case of an elementary school with kindergarten entry— examine factors that contribute to school readiness as part of the needs analysis conducted under paragraph (2); coordinate with appropriate high-quality early childhood programs, such as programs under the Child Care Development and Block Grant Act of 1990, the Head Start Act, prekindergarten programs, and other similar Federal, State, and local programs, in order to align instruction to better prepare students for elementary school; and develop a plan to improve or expand high-quality early childhood options which may include the use of funds under this part for such purposes; provide ongoing mechanisms for parent and family engagement; provide appropriate services and evidence-based, integrated supports for students as identified in the school’s needs analysis; describe, in a report to the State educational agency and made available to the public upon request, how the local educational agency or school will adopt and implement policies or practices to develop, implement, improve, or expand positive behavioral interventions and supports, early intervening services, and school-based mental health programs in accordance with the requirements of clauses

(xi)through (xiv); review and analyze the school's efforts to address behavioral or disciplinary problems; and assist the school in developing, expanding, or improving the use of schoolwide positive behavioral interventions and supports that are aligned with activities carried out under the Individuals with Disabilities Education Act; and review and analyze the school's efforts to identify and assist students with poor academic achievement and students who are children with disabilities, and assist the school in developing, implementing, or improving early intervening services that are coordinated with activities carried out under the Individuals with Disabilities Education Act; review the number of discipline incidents in the school and use that information to assist the school to implement schoolwide positive behavioral interventions and supports or other early intervening services, or both; and review and analyze the school's efforts to address mental health needs among students and assist the school in developing or improving school-based mental health programs that are coordinated with activities carried out under the Individuals with Disabilities Education Act. A local educational agency shall identify a school improvement strategy for a school identified as a priority school under paragraph

(1)from among the following strategies: A local educational agency implementing a transformation strategy in a school shall— replace the principal, if the principal has served in that role at the school for more than 2 years, with a principal who has a demonstrated record of success in increasing student achievement and— training or experience in raising student achievement; or training or experience in turning around low-performing schools; require existing instructional staff and school leadership to reapply for their positions; and require that all instructional staff and school leadership hiring be done at the school through mutual consent. A local educational agency implementing a turnaround model as a strategy for a school shall— replace the principal, if the principal has served in that role at the school for more than 2 years, with a principal who has the demonstrated record of success, training, or experience described in clause (i)(I); and screen all teachers in the school and retain not more than 65 percent of them. A local educational agency implementing a whole school reform strategy for a school shall implement an evidence-based strategy that ensures whole school reform. The strategy shall be undertaken in partnership with an external provider offering a school reform program that is based on at least a moderate level of evidence that the program will have a statistically significant effect on student outcomes, including more than 1 well-designed or well-implemented experimental or quasi-experimental study. A local educational agency implementing a restart strategy in a school shall carry out the following: Convert the school into a public charter school, or close and reopen the school as a public charter school in partnership with a nonprofit charter school operator, a nonprofit charter management organization, or a nonprofit education management organization, that has a demonstrated record of improving student achievement for students similar to those served by the school; or convert the school to a magnet school or create a new, innovative school, as defined by the State. Ensure that the new school— serves the grade levels as the original school for which the strategy is being implemented; and enrolls any former student of the original school who requests to attend the school and then, after all such students are enrolled, admits additional students, using a random lottery system if more students apply for admission than can be accommodated. A local educational agency implementing a school closure strategy for a school— shall close the school and enroll the students who attended the school in other schools, including charter schools, served by the local educational agency that are within reasonable proximity to the closed school, as determined by the local educational agency, and that are higher-performing than the school that is being closed; shall provide transportation, or shall pay for the provision of transportation, for each such student to the student's new school, consistent with State law and local educational agency policy; shall provide information about high-quality educational options, as well as transition and support services to students, who attended the closed school and the students' parents; and may use school improvement funds provided under subsection

(f)to pay for the expenses of— transitioning students from the school that is being closed to the new school; supporting the new school; and expanding and offering student supports and services within the new school, which may include high-quality prekindergarten programs and services. Notwithstanding any other provision of this paragraph— a local educational agency that is eligible for services under subpart 1 or 2 of part B of title VI, as determined by the Secretary, may modify not more than 1 of the elements or activities required under subparagraph

(A)of a school improvement strategy selected for a school identified under paragraph

(4)in order to better meet the needs of students in such school; and a State educational agency may apply to the Secretary for a waiver of clauses (i)(I) and (ii)(I) of subparagraph (B). Notwithstanding any other provision of this paragraph, a State educational agency may, with the approval of the Secretary, establish an alternative State-determined, evidence-based, school improvement strategy that may be used by local educational agencies in the State in addition to the strategies described in subparagraph (B), except that funds provided under this title shall not be used for school vouchers. In addition to the requirements of subparagraph

(A)and the school improvement strategy determined under subparagraph

(B)or (C)(ii), a local educational agency shall, not later than 3 months before the first day of the school year following identification as a priority school under paragraph (1), provide all students enrolled in the identified school with the option to transfer to another public school served by the local educational agency that has not been identified under such paragraph, unless such an option is prohibited by State law. 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). 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. A local educational agency shall permit a child who transfers to another public school under this subparagraph to remain in that school until the child has completed the highest grade in such school. The State educational agency shall no longer identify a school that has been identified as a priority school for any remainder of the school's 3-year identification period if— after 2 years of the 3-year period for which a school is identified as a priority school under paragraph (1), the school has met all of the school's performance targets as described in section 1111(a)(3)(A); or after 2 years of the 3-year period, the State determines, based on the most current data, that the school's rate of improvement is sufficient to enable the school to meet all of the school's performance targets by the end of the 3-year period. If an eligible entity, as defined in subsection (f )(1), was receiving school improvement funds under subsection

(f)for a school that improves as described in subparagraph (A), the eligible entity shall continue to receive such grant funds, and use such funds to carry out the grant activities in such school, for the full period of such grant. For each public school that is identified as a priority school under paragraph

(1)for any portion of a 3-year period and is re-identified under such paragraph for the subsequent time period, the local educational agency shall carry out the requirements of this subsection for such subsequent period by implementing, with respect to such school, the restart strategy or school closure strategy under clause

(iv)or

(v)of paragraph (4)(B). Notwithstanding subparagraph (A), a local educational agency serving a school described in such paragraph, may, in coordination with the State educational agency and based on a community needs assessment, apply to the Secretary for a waiver to implement another school improvement model not previously used by the local educational agency for the school. Each local educational agency that receives subgrant funds under this part shall prepare and submit a report to the State educational agency, at the end of each school year, regarding— the local educational agency's use of funds for professional development, as required under section 2123(b), in schools identified as priority schools under subsection

(d)that did not receive funds under subsection (f); and any changes in, or effects on, student performance at such schools during such school year. In this subsection: the term eligible entity means— a State educational agency; a local educational agency that receives funds under this part and serves at least 1 eligible school; a consortium of such local educational agencies; or an educational service agency that serves at least 1 local educational agency described in clause (ii). The term eligible school means a school identified as a priority school under subsection (d). From the funds made available to carry out this subsection under section 3(a)(2) for a fiscal year, the Secretary shall provide States that submit an application described in paragraph

(3)with school improvement funds through an allotment, as determined under subparagraph

(B)and in addition to the amounts made available to States under subpart 2, to enable the States to award subgrants and carry out the activities described in this subsection to assist eligible schools. From the funds made available to carry out this subsection under section 3(a)(2) for a fiscal year, the Secretary shall allot to each State with an approved application an amount that bears the same relation to such funds as the amount that the State received under subpart 2 for the preceding fiscal year bears to the amount that all States receive under such subpart for such fiscal year. A State that desires to receive school improvement funds under this subsection shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. Each application shall include a description of— the process and the criteria that the State will use to award subgrants under paragraph (5)(A)(i); the process and the criteria the State will use to determine whether the eligible entity's proposal for each eligible school meets the requirements of paragraphs

(2)and (4), and subparagraphs

(A)and

(B)of paragraph (3), of subsection (d); how the State will ensure geographic diversity in making subgrants; how the State will set priorities in awarding subgrants to eligible entities; how the State will monitor and evaluate the implementation of school improvement strategies by eligible entities, including how the State will use the results of the evaluation to improve State strategies for supporting schools identified under subsection (d); and how the State will reduce barriers for schools in the implementation of school improvement strategies, including operational flexibility that would enable complete implementation of the selected school improvement strategy. A State that receives an allotment under this subsection may reserve not more than a total of 5 percent of such allotment for the administration of this subsection, which may include activities aimed at building State capacity to support the local educational agency and school improvement, such as providing technical assistance and other support (including regular site visits to monitor implementation of selected school improvement strategies to eligible entities serving eligible schools), either directly or through educational service agencies or other public or private organizations. A State that receives school improvement funds under this subsection shall use not less than 95 percent of such allotment to carry out school improvement activities for eligible schools by— awarding subgrants, on a competitive basis, to eligible entities to enable the eligible entities to carry out the activities described in subparagraph

(C)for eligible schools; or if the State chooses and the local educational agency serving an eligible school agrees, directly providing the activities described in subparagraph (C)(ii) to the eligible school and the local educational agency, or arranging for other entities, such as school support teams or educational service agencies, to provide such activities to the school. An eligible entity that desires a subgrant under this paragraph shall submit an application to the State at such time, in such manner, and including such information as the State shall require. The application shall include a description of how the eligible entity will carry out the requirements of paragraphs

(2)and (4), and subparagraphs

(A)and

(B)of paragraph (3), of subsection

(d)for each eligible school to be served by the grant. Each eligible entity that desires a subgrant under this paragraph shall demonstrate in its application that the eligible entity has— adopted human resource policies that prioritize the recruitment, retention, and placement of effective staff in eligible schools; ensured that eligible schools have access to resources to implement the school improvement strategies described in subsection (d)(4), such as facilities, professional development, and technology; identified opportunities to reduce duplication, increase efficiency, and assist eligible schools in complying with reporting requirements of State and Federal programs; developed an early warning indicator system that monitors school-level data, and alerts the eligible school when a student indicates slowed progress toward high school graduation, so that the school can provide appropriate student interventions; and facilitated alignment and coordination between high-quality early childhood education programs and services serving students who will attend eligible schools that are elementary schools, and teachers and principals of such eligible schools. A State shall award subgrants under this paragraph of sufficient size to enable subgrant recipients to fully and effectively implement the selected school improvement strategies. Each subgrant awarded under this paragraph shall be for a 5-year period. In order for a State to award subgrant funds to an eligible entity for the final 2 years of the subgrant cycle, the eligible entity shall demonstrate that the schools receiving funds under this paragraph have made significant progress on the leading indicators. An eligible entity that receives a subgrant under this paragraph shall use the subgrant funds to— carry out the requirements of subparagraphs

(A)and

(B)of paragraph (3), and paragraphs

(2)and (4), of subsection

(d)in an eligible school that has been identified under such subsection as of the date of the grant award, which may include a maximum 1-year planning period; and carry out activities at the local educational agency level that directly support such implementation, such as— assistance in data collection and analysis; recruiting and retaining staff; teacher and principal evaluation; professional development; coordination of services to address students’ social, emotional, and health needs; and progress monitoring. An eligible entity or State shall use Federal funds received under this subsection only to supplement the funds that would, in the absence of such Federal funds, be made available from non-Federal sources for the education of pupils participating in programs funded under this subsection. In the case of a State educational agency that has taken over a school or local educational agency, the State may use an amount of funds under this subsection similar to the amount that the school or local educational agency would receive, under this subsection, in order to carry out the activities described in subparagraph

(C)for the school and local educational agency, either directly or through an eligible entity designated by the State educational agency. From amounts appropriated and reserved for this paragraph under section 3(a)(2)(B), the Secretary shall carry out the following national activities: Activities focused on building State and local educational agency capacity to turn around eligible schools and schools in rural areas through activities such as— identifying and disseminating effective school improvement strategies, including in rural areas; making available targeted technical assistance, including planning and implementation tools; and expanding the availability of turnaround partners capable of assisting in turning around eligible schools, including in rural areas. Activities focused on building capacity to turn around eligible schools, including in rural areas. The use of data, research, and evaluation to— identify schools that are implementing school improvement strategies effectively; identify effective school improvement strategies; and collect and disseminate that information to States and local educational agencies in a manner that facilitates replication of effective practices. Other activities designed to support State and local efforts to improve eligible schools. The Director of the Institute of Education Sciences shall conduct an evaluation of the programs carried out under this subsection. Nothing in this section shall be construed to alter or otherwise affect the rights, remedies, and procedures afforded school or school district employees under Federal, State, or local laws (including applicable regulations or court orders) or under the terms of collective bargaining agreements, memoranda of understanding, or other agreements between such employees and their employers. .

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20 USC 6316

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Sec. 1116

School performance

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