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Code · BILL · 113th Congress · S. 1094 (Reported in Senate) — To amend the Elementary and Secondary Education Act of 1965, and for other purposes. · Sec. 1111

Sec. 1111. State and local requirements

10,422 words·~47 min read·/bill/113/s/1094/rs/section-1111

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Section 1111 ( 20 U.S.C. 6301 ) is amended to read as follows: In order to receive a grant under this part, each State shall demonstrate the State meets the following requirements: The State shall— not later than December 31, 2014, adopt college and career ready academic content standards in reading or language arts and mathematics that meet the requirements of clauses
(ii)and (iii); and not later than the beginning of the 2015–2016 school year, adopt college and career ready student academic achievement standards in reading or language arts and mathematics that meet the requirements of clauses
(ii)and (iv). Each State plan shall demonstrate the State has adopted college and career ready academic content standards and college and career ready student academic achievement standards aligned with— credit-bearing academic coursework, without the need for remediation, at public institutions of higher education in the State; and relevant State career and technical education standards and the State performance measures identified in the State plan under section 113(b) of the Carl D. Perkins Career and Technical Education Act of 2006; and appropriate career skills; or standards that are State-developed and voluntarily adopted by a significant number of States. College and career ready academic content standards shall— be used by the State, and by local educational agencies, public elementary schools, and public secondary schools in the State, to carry out the requirements of this part; be the same standards that the State applies to all public elementary and secondary schools and students in the State; include the same knowledge, skills, and levels of achievement expected of all elementary and secondary school students in the State; and be evidence-based and include rigorous content and skills, such as critical thinking, problem solving, and communication skills. College and career ready student academic achievement standards for a subject shall— be aligned with the State's academic content standards described in clause (iii); and establish the level of performance expected for each grade level that demonstrates the student has mastered the material in the State academic content standards for that grade. A State— shall demonstrate that the State has adopted, by not later than December 31, 2014, statewide academic content standards and student academic achievement standards in science that are aligned with the knowledge and skills needed to be college and career ready, as described in subparagraph (A)(ii); and may choose to use such standards as part of the State’s accountability system under paragraph (3), if such standards meet the requirements of clauses
(ii)through
(iv)of subparagraph (A). If a State adopts high-quality academic content standards and student academic achievement standards in subjects other than reading or language arts, mathematics, and science, such State may choose to use such standards as part of the State's accountability system, consistent with section 1116. The State may, through a documented and validated standards-setting process, adopt alternate academic achievement standards in any subject included in the State's accountability system under paragraph
(3)for students with the most significant cognitive disabilities, if— the determination about whether the achievement of an individual student should be measured against such standards is made separately for each student in each subject being assessed; all students who use such alternate academic achievement standards in a subject are assessed using the alternate assessments for such subject described in paragraph (2)(E); and such alternate academic achievement standards— are aligned with the State college and career ready academic content standards; provide access to the general curriculum and the student academic achievement standards; and reflect professional judgment as to the highest possible standards achievable by such student. A State shall not develop, or implement for use, under this part any alternate or modified academic achievement standards for students who are children with disabilities that are not alternate academic achievement standards that meet the requirements of clause (i). A State shall, not later than December 31, 2015, adopt high-quality English language proficiency standards that— are aligned with the State’s academic content standards in reading or language arts under subparagraph
(A)so that achieving English language proficiency, as measured by the State's English language proficiency standards, indicates a sufficient knowledge of English to allow the State to validly and reliably measure the student’s achievement on the State’s reading or language arts student academic achievement standards with no interventions designed to support English learners specifically; ensure proficiency in English for each of the domains of speaking, listening, reading, and writing; identify not less than 4 levels of English proficiency; address the different proficiency levels of English learners and set high expectations regarding academic achievement and linguistic proficiency for English learners at all levels of proficiency; are updated, not later than 1 year after the State adopts any new academic content standards in reading or language arts under this paragraph, in order to align the English language proficiency standards with the new content standards; and support teachers as teachers enhance instruction to support English learners. A State that uses funds provided under this part to support early childhood education shall provide an assurance that, not later than December 31, 2015, the State will establish, or certify the existence of, early learning guidelines and early grade standards in accordance with the following: In consultation with the State Advisory Council on Early Childhood Education and Care, the lead agency designated under section 658D of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.), and the State educational agency, the State shall complete a review, and revise or create, as necessary, the State’s early learning guidelines for young children in order to promote developmentally appropriate, high-quality programs. Such guidelines shall— address each of the age groups of infants, toddlers, and preschool-aged children; be developed, as appropriate, in all domains of child development and learning (including language, literacy, mathematics, creative arts, science, social studies, social and emotional development, approaches to learning, and physical and health development) for each age group; reflect research and evidence-based developmental and learning expectations, including the foundation for and progression in how children develop and learn the requisite skills and content from one stage into the next, including what young children should know and be able to do; address the cultural and linguistic diversity and the diverse abilities of young children, including infants, toddlers, and preschoolers with disabilities; inform teaching practices, improve professional development, and support high-quality services in early childhood education programs; be made publicly available, including through electronic means; and for pre-school age children, appropriately assist in the transition of such children to kindergarten. In consultation with the State Advisory Council on Early Childhood Education and Care, the lead agency designated under section 658D of the Child Care and Development Block Grant of 1990 (42 U.S.C. 9858 et seq.), and the State educational agency, the State shall establish or review and revise, as needed, standards for kindergarten through grade 3 aligned with the college and career ready academic content and student academic achievement standards described in subsection (a)(1)(A) to ensure that such standards— are developed in all domains of child development and learning (including cognitive, language, literacy, mathematics, creative arts, science, social studies, social and emotional development, physical development and health, and approaches to learning); reflect research and evidence-based development and learning expectations for each level and address cultural, linguistic, and ability-level diversity; and across grade levels, reflect progression in how children develop and learn the requisite skills and content from earlier grades forward, including preschool. Nothing in this part shall prohibit a State from revising, consistent with this section, any standard adopted under this part before, on, or after the date of enactment of the Strengthening America's Schools Act of 2013 . Nothing in this section shall be construed to authorize the Secretary or other officer or employee of the Federal Government to mandate, direct, or control a State’s college and career ready academic content or student academic achievement standards under subsection (a). The State shall, beginning not later than the beginning of the 2015–2016 school year, adopt and implement statewide assessments that— include statewide assessments in reading or language arts, and mathematics, annually for grades 3 through 8 and not less frequently than once during grades 10 through 12, that— are aligned with the State’s academic content standards in such subjects under paragraph (1)(A); are administered to all public elementary and secondary school students in the State; measure the individual academic achievement of a student; assess the student's academic achievement based on the State's student academic achievement standards in the subject in order to measure— whether the student is performing at the student's grade level; and the specific grade level at which the student is performing in the subject; measure individual student academic growth, including a measurement of the number of years of academic growth each student attains each year; and may, at the State's choosing— be administered through a single summative assessment each year; or be administered through multiple statewide assessments during the course of the year if the State can demonstrate to the Secretary’s satisfaction the results of these multiple assessments, taken in their totality, provide a summative score that provides valid and reliable information on individual student academic growth, as described in subclause (V); include statewide assessments in science, not less than once during each of the grade spans of grades 3 through 5, 6 through 9, and 10 through 12, that— assess the student's academic achievement based on the State's student academic achievement standards in science in order to measure— whether the student is performing at the student's grade level; and the specific grade level at which the student is performing in the subject; measure individual student academic growth, including a measurement of the number of years of academic growth each student attains each year; and include the English language proficiency assessments and any alternate assessments described in subparagraphs
(D)and (E), respectively; and at the discretion of the State, measure the proficiency of students in the other academic subjects for which the State has adopted academic content standards and student academic achievement standards under paragraph (1)(C). The assessments administered under this paragraph shall— be the same academic assessments used to measure the achievement of all students, although the individual assessment items administered to a student in order to determine the specific grade level at which a student is performing may vary; be used only for purposes for which such assessments are valid and reliable, and be consistent with relevant, nationally recognized professional and technical standards; be used only if the State educational agency provides to the Secretary evidence that the assessments used are of adequate technical quality for each purpose required under this Act and are consistent with the requirements of this section, which evidence the Secretary may make public; involve multiple up-to-date measures of student academic achievement, including measures that— assess the full range of academic content and student academic achievement standards under section 1111(a)(1) that students are expected to master; measure students’ mastery of content knowledge and their ability to use knowledge to think critically and solve problems, and to communicate effectively; and may be partially delivered in the form of portfolios, projects, or extended performance tasks; provide for— the participation in such assessments of all students; the inclusion of English learners, who shall be assessed in a valid and reliable manner and provided reasonable accommodations on assessments administered to such students under this paragraph, including, to the extent practicable, assessments in the language and form most likely to yield accurate data on what such students know and can do in academic content areas, until such students have achieved English language proficiency as determined under subparagraph (D), except that the State may exempt any English learner at the lowest levels of English language proficiency from the reading or language arts assessment for not more than 2 years following the date of the student being identified as an English learner; shall— incorporate the principles of universal design, as defined in section 3(a) of the Assistive Technology Act of 1998 ( 29 U.S.C. 3002(a) ), to allow for the greatest possible access for all students; provide for the reasonable adaptations for children with disabilities necessary to measure the academic achievement of such children in a subject, relative to the State academic content standards and State student academic achievement standards under paragraph
(1)for such subject; provide for the valid and reliable accommodations for children with disabilities necessary to measure the academic achievement of such children in a subject, relative to the State academic content standards and State student academic achievement standards under paragraph
(1)for such subject; and assess children with disabilities using the same, unmodified academic content standards used to measure children without disabilities in the same grade level, except in the case of alternate assessments administered in accordance with subparagraph (E); notwithstanding clause (v)(II), include the academic assessment (using tests written in English) of reading or language arts of any student who has attended school in the United States (not including Puerto Rico) for 3 or more consecutive school years, except that, if the local educational agency determines, on a case-by-case individual basis, that academic assessments in another language or form would likely yield more accurate and reliable information on what such student knows and can do, the local educational agency may make a determination to assess such student in the appropriate language other than English for a period that does not exceed 2 additional consecutive years, if such student has not yet reached a level of English language proficiency sufficient to yield valid and reliable information on what such student knows and can do on tests (written in English) of reading or language arts; include students who have attended schools in a local educational agency for a full academic year but have not attended a single school for a full academic year, except the performance of students who have attended more than 1 school in the local educational agency in any academic year shall be used only in determining the progress of the local educational agency; produce individual student interpretive, descriptive, and diagnostic reports that— allow parents, teachers, and principals to understand and address the specific academic needs of students and include information regarding achievement on the academic assessments aligned with State academic achievement standards; and are provided to parents, teachers, and principals as soon as is practicably possible after the assessment is given, in an understandable and uniform format, and to the extent practicable, in a language that parents can understand; enable results to be disaggregated within the State, local educational agency, and school by gender, each major racial and ethnic group, English proficiency status, migrant status, status as a student with a disability, and economically disadvantaged status, except that disaggregation shall not be required for any subgroup that would include 15 or less students, so as to not reveal personally identifiable information about an individual student; be consistent with widely accepted professional testing standards and objectively measure academic achievement, knowledge, and skills; enable itemized score analyses to be produced and reported, consistent with clause (ii), to local educational agencies and schools, so that parents, teachers, principals, and administrators can interpret and address the specific academic needs of students as indicated by the students' achievement on assessment items; produce student achievement and other student data that can be used to inform determinations of individual principal and teacher effectiveness for purposes of evaluation and for determining the needs of principals and teachers for professional development and support; be administered to not less than 95 percent of all students, and not less than 95 percent of each subgroup of students described in clause (x), who are enrolled in the school; and in the case of digital assessments or any digital assessment content that is adopted, procured, purchased, or developed for the assessments, incorporate the principles of universal design, as defined in section 3(a) of the Assistive Technology Act of 1998 ( 29 U.S.C. 3002(a) ) and be interoperable and accessible for all students, including students who are children with disabilities. The State shall identify the languages other than English that are present in the participating student population in the State and indicate, in the State's plan under subsection (b), the languages for which yearly student academic assessments included in the State's accountability system under paragraph
(3)are not available and are needed. The State shall make every effort to develop assessments in such languages and may request assistance from the Secretary if linguistically accessible academic assessments are needed. Upon request, the Secretary shall assist with the identification of appropriate academic assessments in such languages, but shall not mandate a specific academic assessment or mode of instruction. Each State plan shall demonstrate that local educational agencies in the State will, not later than the beginning of the 2015–2016 school year, provide for the annual assessment of English language proficiency of all English learners in the schools served by the State educational agency. The English language proficiency assessment described in clause
(i)shall— be aligned with the State’s English language proficiency standards under paragraph (1)(E); be designed to measure, in a valid and reliable manner, student progress toward, and attainment of, English language proficiency; reflect the academic language that is required for success on the State’s academic assessments, consistent with paragraph (1)(E)(iv); and measure each student's progress in achieving the levels of English proficiency established under the State English language proficiency standards, as described in paragraph (1)(D)(iii). A State may provide alternate assessments that are aligned with alternate academic achievement standards described in paragraph (1)(D) for students with the most significant cognitive disabilities, if the State— ensures that for each subject, the total number of students in each grade level assessed in such subject using the alternate assessments does not exceed 1 percent of the total number of all students in such grade level in the State who are assessed in such subject; establishes and monitors implementation of clear and appropriate guidelines for individualized education program teams (as defined in section 614(d)(1)(B) of the Individuals with Disabilities Education Act) to apply in determining, on a subject-by-subject basis, when a child’s significant cognitive disability justifies assessment based on alternate academic achievement standards; ensures that parents of the students whom the State plans to assess using alternate assessments are involved in the decision that their child’s academic achievement will be measured against alternate academic achievement standards, consistent with section 614(d)(1)(A)(i)(VI)(bb) of the Individuals with Disabilities Education Act, and are informed whether participation in such assessment may preclude the student from completing the requirements for a regular secondary school diploma, as determined by the State; provides evidence that students with the most significant cognitive disabilities are, to the maximum extent practicable, included in the general curriculum and in assessments aligned with such curriculum, as described in section 601(c)(5)(A) of the Individuals with Disabilities Education Act; certifies, consistent with section 612(a)(16)(A) of the Individuals with Disabilities Education Act, the State’s regular academic assessments described in subparagraphs (A), (C), and
(D)are universally designed to be accessible to students, including students with sensory, physical, and intellectual disabilities, through the provision of reasonable adaptations and valid and reliable accommodations that produce valid results; develops, disseminates information about, makes available, and promotes the use of reasonable adaptations and valid and reliable accommodations to increase the number of students with the most significant cognitive disabilities participating in grade-level academic instruction and assessments aligned with grade-level academic standards, and promotes the use of appropriate accommodations to increase the number of students with the most significant cognitive disabilities who are tested against grade-level academic achievement standards; takes steps to ensure regular and special education teachers and other appropriate staff know how to administer assessments, including how to make appropriate use of reasonable adaptations and valid and reliable accommodations for such assessments, for students with the most significant cognitive disabilities; and requires separate determinations about whether a student should be assessed using an alternate assessment for each subject assessed. A State may develop and administer computer adaptive assessments as the assessments required under subparagraph (A). If a State develops and administers a computer adaptive assessment for such purposes, the assessment shall meet the requirements of this paragraph. The State shall— include, in the State plan under subsection (b), a description of how the State will regularly analyze assessment and accommodations practice and use, and reduce duplicative assessment where appropriate; and ensure that the local educational agencies report, as required in subsection (d), regarding the assessments required by Federal, State, and local laws, regulations, or policies. Each State shall, not later than the beginning of the 2014–2015 school year, demonstrate the State educational agency has developed and is implementing a single, statewide accountability system that— annually measures and reports on the achievement and academic growth of students in all public elementary schools and secondary schools and local educational agencies in the State, in accordance with subparagraph (B); differentiates all local educational agencies and all schools in the State according to academic achievement and student academic growth, English language proficiency and growth for English learners, and, for high schools, graduation rates, for all students and for each subgroup described in paragraph (2)(B)(x); expects the continuous improvement of all public schools in the State in the academic achievement and academic growth of all students, including the subgroups of students described in subparagraph (D), and establishes ambitious and achievable annual performance targets in accordance with subparagraph (C); annually identifies schools that need supports and interventions to prepare college and career ready students; provides for the improvement, through supports and interventions that address student needs, of all local educational agencies with schools not identified under section 1116(d) that are not meeting performance targets for subgroups described in subparagraph (D); develops the capacity of local educational agencies and schools to effectively educate their students and continuously improve; recognizes, and encourages other local educational agencies to replicate, the practices of local educational agencies and schools that are successful in effecting significant student achievement or student academic growth; and meets the requirements of section 1116. The State accountability system shall measure student achievement and academic growth toward the college and career ready academic content and student academic achievement standards under paragraph
(1)by annually measuring and reporting on, in the aggregate and for each subgroup described in subparagraph (D)— the number and percentage of students who are in each category described in clause (ii), for each grade and subject covered by an academic assessment included in the accountability system, based on the State academic assessments for the subject; and for each such category of students— the number and percentage of students for each grade and subject who are meeting or exceeding the State student academic achievement standards or are achieving sufficient academic growth, as described in clause (iii); and the number and percentage of students for each grade and subject who have not achieved sufficient academic growth, as described in such clause. The State educational agency shall establish not less than 3 categories of students, which shall include the following: A category consisting of students who are meeting or exceeding the State student academic achievement standards under paragraph
(1)in a subject for the students' grade level, as determined based on the State academic assessments under paragraph (2). A category consisting of students whose proficiency in a subject is below grade level and who are achieving sufficient academic growth, as described in clause (iii). A category of students whose proficiency in a subject is below grade level and who are not achieving sufficient academic growth, as described in clause (iii). For purposes of this section, sufficient academic growth for a student means— a rate of academic growth, based on a comparison of the student’s performance on the most recent State academic assessment with the preceding State academic assessment or combination of preceding State academic assessments, is such that the student will be performing at or above grade level within 3 years; a rate of academic growth, based on a comparison of the student’s performance on the most recent State academic assessment with the preceding State academic assessment or combination of preceding State academic assessments, is such that the student will be performing at or above grade level by the end of the grade span of which, for purposes of this section, shall be the grade spans of grades 3 through 5, 6 through 8, and 9 through 12; or another aggressive academic growth model approved by the Secretary that supports the State educational agency performance targets under subparagraph (C). Each State shall establish, after requesting and receiving input from the local educational agencies of the State, ambitious and achievable annual performance targets for the State, for local educational agencies in the State, and for public elementary schools and secondary schools, for each subject and grade level assessed under paragraph (2), that— are adopted from the waiver agreement entered into with the Secretary through the authority under section 9401 before the date of enactment of the Strengthening America's Schools Act of 2013 ; subject to approval by the Secretary— sets a goal for every public school to meet the achievement level of the highest-performing 10 percent of schools in the State as of the date of the application submission, based on the percentage of students meeting or exceeding the State academic content and student academic achievement standards; requires annual progress toward that goal for all students, including all subgroups of students consistent with section 1111(a)(3)(D), within a specified reasonable time period; and ensures accelerated progress for the subgroups of students that start with the lowest levels of student achievement; or are equally ambitious to the performance targets described in subclauses
(I)and
(II)and are approved by the Secretary. The performance targets required under this subparagraph shall include targets for— student proficiency, as described in subparagraph (B)(ii)(I); student academic growth, as determined in accordance with subparagraph (B); English language proficiency for English learners, as measured by the number of students who are on track to achieving English proficiency, as described in paragraph (1)(D) (i), by not later than 5 years after being identified as English learners; and for high schools, high school graduation rates. Each State shall use student performance on the State's academic assessments used for purposes of receiving funds under this subpart and subpart 2 for the 2014–2015 school year as the baseline for the performance targets, subject to paragraph (5)(B)(iv) and subsection (b)(3)(C). A State may develop other measures and performance targets to provide school personnel, parents, and community members with information about the effectiveness of schools in closing performance gaps among subgroups and bringing all students to proficiency, except that any such measure shall not classify individuals who have not attained a high school diploma but have earned a recognized equivalent of such diploma as graduating from high school. The subgroups described in this subparagraph shall be obtained by disaggregating students enrolled in a school by each major racial and ethnic group, English proficiency status, status as a child with a disability, and economically disadvantaged status, except that a school shall not be required to disaggregate for any subgroup that includes 15 or less students if such disaggregation would result in the disclosure of personally identifiable information. The State shall include in the accountability system the subjects of reading or language arts and mathematics, and may include science and any other subject that the State chooses through its State plan, if the State has adopted academic content standards and student academic achievement standards under paragraph (1)(C) and assessments under paragraph (2)(B) for the subject. The accountability provisions under this Act shall be overseen for public charter schools in accordance with State charter school law. In determining the percentage of students who are meeting or exceeding the State student academic achievement standards or are achieving sufficient academic growth as described in subparagraph (B)(iii), for a subject for any purpose under this section or section 1116 or 1131, a State educational agency may include, for all schools in the State, the performance of the State's students with the most significant cognitive disabilities on alternate assessments as described in paragraph (2)(E) in the subjects included in the State’s accountability system, consistent with the 1 percent limitation of subsection (a)(2)(E)(i). A State may enter into a voluntary partnership with another State to develop and implement the academic assessments, academic content standards, and student academic achievement standards required under this section. The Secretary shall take such steps as are necessary to provide for the orderly transition between the accountability systems required under subsection (b)(2), as such section was in effect on the day before the date of enactment of the Strengthening America's Schools Act of 2013 , and the new accountability systems required under this subsection, including the transition steps described in subparagraph (B). To enable the successful transition to the provisions of this part, as amended by the Strengthening America's Schools Act of 2013 , each State educational agency receiving funds under this part shall— beginning upon the date of enactment of the Strengthening America's Schools Act of 2013 — administer assessments, as required under paragraph (2), as amended by such Act, that measure and assess the college and career ready academic content standards and student academic achievement standards described in paragraph (1), as amended by such Act; and with respect to any reporting provision under this part that requires the disaggregation of students, carry out such requirement unless the number of students in such subgroup is less than 15; during the transition period, continue all interventions, services, and activities required under section 1116(b), as in effect on the day before the date of enactment of such Act, for schools identified for corrective action under such section 1116(b)(7); after 2 years of using the assessments described in clause (i)(I), establish a new baseline, as described in paragraph (3)(C), using the new assessment data; and implement sections 1111 and 1116, as amended by such Act, except that the State shall not be required to identify proficiency gaps, focus schools, or priority schools under subsection(b), (c), or
(d)of section 1116 until 2 full school years after the date of enactment of such Act. The transition to the requirements of this part, as amended by the Strengthening America's Schools Act of 2013 , shall be completed by not later than 2 years after the date of enactment of such Act. For any State desiring to receive a grant under this part, the State educational agency shall submit to the Secretary a plan, developed by the State educational agency in consultation with local educational agencies, teachers, principals, specialized instructional support personnel, administrators, other staff, representatives of Indian tribes located in the State, and parents, that— demonstrates the State's compliance with this section; is coordinated with the State plans required by other programs under this Act, the Individuals with Disabilities Education Act, the Rehabilitation Act of 1973 ( 29 U.S.C. 701 et seq. ), the Carl D. Perkins Career and Technical Education Act of 2006, the Head Start Act, the Child Care and Development Block Grant Act of 1990, and the Adult Education and Family Literacy Act, and activities under title IX of the Educational Amendments of 1972; provides an assurance the State will continue to administer the academic assessments required under paragraphs (3)(A) and
(7)of this subsection, as such paragraphs were in effect on the day before the date of enactment of the Strengthening America's Schools Act of 2013 , and to include the results of such assessments in the State's accountability system, until the State has implemented the assessments required under subsection (a)(2); provides an assurance the State will participate in the biennial State academic assessments of grade 4 and grade 8 reading and mathematics under the National Assessment of Educational Progress carried out under section 303(b)(2) of the National Assessment of Educational Progress Authorization Act if the Secretary pays the costs of administering such assessments; describes the State accountability system under subsection (a)(3) and the State's plan for blue ribbon schools under section 1131 (if the State chooses to carry out such section); describes the process the State will utilize to review local educational agency plans submitted pursuant to section 1112, including the parent and family engagement plan described in section 1118 and other provisions related to parent and family engagement; describes the support the State will provide to local educational agencies for the education of homeless children and youths, and how the State will comply with the requirements of subtitle B of title VII of the McKinney-Vento Homeless Assistance Act; describes how the State educational agency has involved the committee of practitioners established under section 1603(b) in developing the plan and monitoring its implementation; describes how the State educational agency will coordinate with the State Advisory Council on Early Childhood Education and Care, as appropriate; if the State funds full-day kindergarten programs but does not provide access to such programs for all children eligible to attend kindergarten in the State, describes how the State plans to increase the number of students in the State who are enrolled in full-day kindergarten and a strategy to implement such a plan; and if the State provides funding for kindergarten programs but does not fund full-day kindergarten programs, describes how the State plans to establish such programs to extend and strengthen the educational continuum for children entering elementary school; provides an assurance that the State— has established a longitudinal data system that includes all elements described in section 6401(e)(2)(D) of the America COMPETES Act ( 20 U.S.C. 9871 ), by the date required under the terms for the allocation received by the State through the State Fiscal Stabilization Fund under section 14001 of the American Recovery and Reinvestment Act of 2009 ( Public Law 111–5 , 123 Stat. 279); or if the State was not subject to any such requirement, that the State will establish such a system by a date approved the Secretary; describes how the State and State educational agency will comply with the requirements of section 1501, and the State's plan to ensure such compliance; in the case of a State that proposes to use funds under this part to support positive behavioral interventions and supports, describes how the State educational agency will— assist local educational agencies in implementing positive behavioral interventions and supports in schools served by the local educational agency throughout the whole school; provide technical assistance and training to local educational agencies to improve and support the development, implementation, and coordination of comprehensive positive behavioral interventions and supports carried out under this Act with activities carried out under the Individuals with Disabilities Education Act; in coordination with local educational agencies and schools, implement positive, preventative approaches to school discipline to promote a positive school climate for all students and reduce recidivism of re-entering youth offenders and disconnected youth; and evaluate the effects of providing positive behavioral interventions and supports for all students, including improvement of the learning environment, academic achievement, disciplinary problems such as incidents of suspensions, expulsions, referrals to law enforcement, and other actions that remove students from instruction, and any other effects the State chooses to evaluate; in the case of a State that proposes to use funds under this part to support early intervening services, describes how the State educational agency will— assist local educational agencies in implementing early intervening services in schools served by the local educational agency to reduce the need to label children as children with disabilities in order to address the learning and behavioral needs of such children; provide technical assistance and training to local educational agencies to improve coordination of early intervening services provided under this Act with early intervening services carried out under the Individuals with Disabilities Education Act; and evaluate the effects of providing early intervening services; describes how the State will assist local educational agencies in identifying gifted and talented students, including high-ability students who have not previously been formally identified for gifted education services, and implement educational approaches at the elementary school and secondary school levels to support the learning needs of gifted and talented students to ensure that such students make appropriate learning gains, such as early entrance to kindergarten, enrichment, acceleration, curriculum compacting, and dual enrollment in secondary school and postsecondary education; describes how the State educational agency will— reduce suspensions, expulsions, referrals to law enforcement, and other disciplinary actions that remove students from instruction; facilitate, to the extent practicable, the re-entry of juvenile offenders and disconnected youth into their local educational agencies; in coordination with the State department of corrections or similar agency, ensure re-entering juvenile offenders receive referrals to a local educational agency and provide that, for any juvenile who commits an offense subject to school expulsion and is subsequently committed to a detention center, secure facility, or any other residential placement within the juvenile or adult criminal justice system for such offense, the period of expulsion shall run concurrently with the period of commitment to the detention center, secure facility, or other residential placement; and in coordination with local educational agencies and schools, provide annual and public reporting on, in the aggregate, in-school suspensions, out-of-school suspensions, expulsions, referrals to law enforcement, school-based arrests, and disciplinary transfers (including placements in alternative schools) in the State; describe how the State educational agency will plan for pregnant and parenting students to be enrolled, attend, and succeed in school; describes how— for the first year following the date of enactment of the Strengthening America's Schools Act of 2013 , the State educational agency will provide for the equitable distribution of elementary school teachers, and secondary school teachers, within local educational agencies and the State using data on the percentage and distribution of the categories of teachers described in subparagraph
(S)as transitional measures of teacher quality; for each school year following the first year after such date of enactment, the State educational agency will provide for the equitable distribution of teachers within local educational agencies and the State so that low-income and minority children are not taught at higher rates than other children by teachers with the lowest ratings in the State professional growth and improvement system; and beginning not later than 1 year after such date of enactment, and for each subsequent year, the State will report to the Secretary the percentage and distribution of teachers in the State, based on the measures used in the State, for each quartile of schools based on school poverty level, for high-minority schools, and for low-minority schools; and describes how the State will annually submit to the Secretary, for each quartile of schools in the State based on school poverty level and for high-minority schools and low-minority schools in the State, data regarding the percentage and distribution of the following categories of teachers: Teachers who are not classified as highly qualified teachers. Teachers who are new. Teachers who have not completed a teacher preparation program. Teachers who are not teaching in the subject or field for which the teacher is certified or licensed. Beginning in any year for which data are available from a professional growth and improvement system, and not later than the 2015–2016 school year, teachers with the highest or lowest ratings in the professional growth and improvement system, as data from such system become available, and in no case later than the 2015–2016 school year. A State plan submitted under paragraph
(1)may be submitted as part of the comprehensive plan under section 9302. Each State plan shall— remain in effect for the duration of the State’s participation under this part or 4 years, whichever is shorter; and be periodically reviewed and revised as necessary by the State educational agency to reflect changes in the State's strategies and programs under this part. If a State makes significant changes to its plan, such as adopting new State academic content standards, new State student achievement standards, new academic assessments, or improved performance targets under subsection (a), the State shall submit a revised plan to the Secretary. The Secretary shall review the information submitted under clause
(i)and may, notwithstanding paragraph (4), approve or disapprove changes to the State plan without undertaking the peer-review or hearing process described in such paragraph. A State educational agency that desires to continue participating in the program under this part shall submit a renewed plan every 4 years with improved performance targets. The Secretary shall— establish a peer-review process that maximizes collaboration with each State to assist in the review of State plans; appoint expert individuals to the peer-review process who— represent a regionally diverse cross-section of States; are representative of parents, teachers, State educational agencies, and local educational agencies; and are familiar with educational standards, assessments, accountability, the needs of focus and priority schools as described in subsections
(c)and
(d)of section 1116 and the needs of disadvantaged students, students who are children with disabilities, and other educational needs of students; ensure the peer-review process provides timely feedback from the peer-review panel to the States, and that such feedback shall be made publicly available, including through electronic means; not decline approval of a State plan before— offering the State an opportunity to revise the State plan; providing technical assistance to the State to meet the requirements of this subsection and subsections
(a)and (c); and upon the request of a State, providing a hearing; have the authority to disapprove a State plan for not meeting the requirements of this part, and may deny approval to a State plan under this subsection that was recommended by the peer-review panel by making available written findings of the cause for such disapproval; approve a State plan not later than 120 days after its submission unless the Secretary determines that the plan does not meet the requirements of this section; if the Secretary determines that the State plan does not meet the requirements of this subsection and subsection (c), immediately notify the State in writing of such determination and the reasons for such determination; and not have the authority to require a State, as a condition of approval of the State plan, to include in, or delete from, such plan 1 or more specific elements of the State's academic content standards or to use specific academic assessment instruments or items. A State plan shall be revised by the State educational agency if necessary to satisfy the requirements of this section. Each State plan shall include a description of how the State will strengthen engagement of the parents and families in education (referred to in this subsection as the parent and family engagement plan ) in accordance with the following: The parent and family engagement plan shall demonstrate how the State plans to increase and enhance the engagement of parents and family members in education throughout the State, through the implementation and replication of evidence-based or promising practices, in order to— increase student academic growth and achievement, and college and career readiness; provide parents and family members with the skills and opportunities necessary to become full partners in their child’s education; improve child development; strengthen relationships and partnerships among school personnel and parents and family members, to support student academic growth and achievement, and college and career readiness; improve the ability of local educational agencies and schools to increase the participation of parents and family members in school improvement strategies, create opportunities for co-location and provision of services for parents and family members, and foster conditions for learning; and focus the activities described in subparagraphs
(A)through
(E)in high-need local educational agencies and high-need schools. The parent and family engagement plan shall describe how the State will— ensure maximum coordination and minimum duplication of efforts (which may include the designation of a parent and family engagement coordinator) among, at a minimum— Federal, State, and local programs; the State Advisory Councils on Early Childhood Education and Care; the parent and family information and resource centers established under part H of title IV; and appropriate non-Federal entities (including community-based and philanthropic organizations and court-appointed special advocates); collect and disseminate best practices and research on parent and family engagement strategies to— local educational agencies, including high-need local educational agencies, and high-need schools in the State, such as through parent and family engagement academies and other leadership development strategies; and institutions of higher education and other organizations with a demonstrated record of success in increasing the engagement of parents and family members in education; and ensure that the process for reviewing local educational agency plans pursuant to section 1112 includes an assessment and response to each local educational agency regarding the extent to which such plans incorporate the best practices identified in subparagraph (B). The State parent and family engagement plan shall describe the evidence-based technical assistance, professional development, or other capacity-building strategies that the State will provide to, at a minimum, high-need local educational agencies and high-need schools, which— shall include the provision of technical assistance to local educational agencies that serve schools identified as focus or priority schools under subsection
(c)or
(d)of section 1116; shall include partnering with the appropriate parent and family information and resource centers; may include assistance in developing, revising, or implementing the local educational agency plans submitted pursuant to section 1112 as such plans relate to supporting parent and family engagement, in conjunction with paragraph (2)(C); may include assistance related to implementing evidence-based parent and family engagement strategies to providers of early care and education; and may include assistance related to implementing evidence-based parent and family engagement strategies for English learner families, such as those described in section 3115(c)(5). Each State plan shall include a description of how the State will leverage resources of employers, business leaders, philanthropic and non-profit organizations, and other community members to increase and strengthen parent and family engagement. A State that receives a grant under this part shall prepare and disseminate an annual report card for each public elementary school and secondary school in the State, each local educational agency in the State, and the State as a whole. The State shall ensure the school, local educational agency, and State report cards required under this subsection are— uniform across the State; concise; presented in a format that is easily understandable and, to the extent practicable, provided in a language that parents can understand; and accessible to the public, which shall include— making the State report card and all local educational agency and school report cards available on a single webpage of the State's website; and providing a copy of a school's report card to the parents of each student enrolled in the school each year. Each school report card required under paragraph
(1)shall include the following: A clear and concise description of the State’s accountability system under subsection (a)(3), including a description of the criteria by which the State evaluates school performance, and the criteria that the State has established to determine the status of schools. Information on each of the following for the school, in the aggregate and disaggregated and cross-tabulated by the subgroups described in subsection (a)(2)(B)(x) (except that such disaggregation or cross-tabulation shall not be required in a case in which the results would reveal personally identifiable information about an individual student): Student achievement at each performance level on the State academic assessments that are included in the State's accountability system under subsection (a)(3). The percentage of students who do not take the State academic assessments. The most recent 3-year trend in student achievement in each subject area, and for each grade level, for such assessments. A comparison of the school's student academic assessment data to the State average for each tested subject. the number and percentage of students who are meeting or exceeding the State student academic achievement standards or are achieving sufficient academic growth, as determined in accordance with subsection (a)(3)(B)(iii), for each subject area and grade level; and The most recent 3-year trend in student academic growth in each subject area, and for each grade level, for the State academic assessments. The number and percentage of students with the most significant cognitive disabilities who take an alternate assessment under subsection (a)(2)(E), by grade and subject. The number of students who are English learners, and the performance of such students, on the State’s English language proficiency assessments under sub (a)(2)(D), including the students' attainment of, and progress toward, higher levels of English language proficiency. For each high school— student graduation rates, including— the 4-year adjusted cohort graduation rate, as defined in section 9101(30)(A); and the cumulative graduation rate, as defined in section 9101(30)(B); not later than the beginning of the 2013–2014 school year, the rate at which students who graduated from the high school in the preceding year enrolled in institutions of higher education by the beginning of the next school year; and not later than the beginning of the 2014–2015 school year, the rate of student remediation, in the aggregate, for high school graduates who enroll in public institutions of higher education in the State or in other institutions of higher education (to the extent obtaining the data regarding remediation from other institutions is practicable). Beginning not later than the 2015–2016 school year, the evaluation results of teachers and principals as measured by the State's professional growth and improvement system, except that such information shall not provide individually identifiable information on individual teachers and principals. Discipline data with respect to all students in the school for the disciplinary exclusionary categories described in subparagraphs (A)(v), (D), and
(E)of section 618(a)(1) of the Individuals with Disabilities Education Act. The percentage of students passing examinations related to coursework acceptable for postsecondary credit at institutions of higher education, such as Advanced Placement or International Baccalaureate examinations; Data regarding pregnant and parenting students in the State, including— the number of pregnant and parenting students enrolled in secondary schools; rates, and data regarding participation, of pregnant and parenting students in mainstream schools or in the schools in which the students originated; rates, and data regarding participation, of pregnant and parenting students in alternative programs; the number and percentage of pregnant and parenting students who have achieved proficiency, as determined for purposes of subsection (a)(3)(B)(ii) in each grade and subject assessed; and graduation rates for pregnant and parenting students. The incidence of school violence, bullying, drug abuse, alcohol abuse, in-school student suspensions, out-of-school student suspensions, expulsions, referrals to law enforcement, school-based arrests, disciplinary transfers (including placements in alternative schools), and student detentions, for each category. The average class size, by grade. The school’s categorization, if applicable, in the State school accountability and improvement system under section 1116. The most recently available academic achievement results in grades 4 and 8 of the State’s students on the National Assessment of Educational Progress in reading and mathematics, including the percentage of students at each achievement level in the aggregate and by the groups described in section 303(b)(2)(G) of the National Assessment of Educational Progress Authorization Act ( 20 U.S.C. 9622(b)(2)(G) ). The number of local educational agencies in the State that implement positive behavioral interventions and supports. The number of students— who are served through the use of early intervening services; and who, in the preceding 2-year period, received early intervening services and who, after receiving such services, have been identified as eligible for, and receive, special education and related services under part B of the Individuals with Disabilities Education Act. The number of local educational agencies in the State that implement school-based mental health programs. A State may include in each school report card such other information as the State believes will best provide parents, students, and other members of the public with information regarding the progress of each of the State's public elementary and secondary schools. Such information may include— interscholastic athletic program indicators by gender, including number of participants, expenditures, number of coaches, and number of competitive events; indicators of school climate; student attendance; and school readiness of students in kindergarten. Each local educational agency report card and State report card required under paragraph (1)— shall include the data described in clauses
(i)through
(xiv)of paragraph (3)(B) for the local educational agency or State, respectively, as a whole and disaggregated by the subgroups described in subsection (a)(2)(B)(x); in the case of a State report card, shall include the data described in paragraph (3)(B)(viii) disaggregated by status as a child in foster care, except that such disaggregation shall not be required in a case in which the number of students in the category would reveal personally identifiable information about an individual student; in the case of a local educational agency report card, shall include information regarding the assessments administered annually, by grade level and subject, and, for each assessment, whether the assessment is required by Federal, State, or local statute, regulation, or policy; and may include any optional information described in paragraph
(4)for the local educational agency or State, respectively. A State shall only include in a school report card or local educational agency report card, data that do not reveal personally identifiable information about an individual student or teacher. A State educational agency or local educational agency that was providing public report cards on the performance of students, schools, local educational agencies, or the State prior to the date of enactment of the Strengthening America's Schools Act of 2013 , may use those report cards for the purpose of this subsection as long as any such report card is modified, as may be needed, to contain the information required by this subsection. Each State educational agency and local educational agency receiving assistance under this part shall, wherever possible, take steps to reduce data collection costs and duplication of effort by obtaining the information required under this subsection through existing data collection efforts. Groups of students obtained by cross-tabulating data under this subsection shall not be considered to be subgroups under section 1116. Such cross-tabulated data shall not be used to determine whether a school is a focus or priority school under subsection
(c)or
(d)of section 1116. Each State educational agency that receives assistance under this part shall report annually to the Secretary, and make widely available within the State— information on the State's progress in developing and implementing the academic assessments described in subsection (a)(2); information on the achievement and academic growth of students, including results disaggregated (except in a case in which the number of students in a category is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student) by the subgroups described in subsection (a)(2)(B)(x) and by status as a child in foster care; information on any changes in status for all public schools in the State, in accordance with the State's system of differentiation described in subsection (a)(3)(A)(ii) and the categories required under section 1116; in any year before the State begins to provide the information described in subparagraph (B), information on the results of student academic assessments (including results disaggregated by the subgroups described in subsection (a)(2)(B)(x)) required under this section; information on the acquisition of English language proficiency by students who are English learners; the number of schools, and the name of each school, identified as a focus or priority school under subsection
(c)or
(d)of section 1116; and the number of schools identified as blue ribbon schools under section 1131 and the name of each such school. Not later than July 1, 2014, and annually thereafter, the Secretary shall prepare and submit to the authorizing committees a national report card on the status of elementary and secondary education in the United States. Such report shall— analyze existing data from State reports required under this Act, the Individuals with Disabilities Education Act, and the Carl D. Perkins Career and Technical Education Act of 2006, and summarize major findings from such reports; analyze data from the National Assessment of Educational Progress and international assessments, including the Third International Mathematics and Science Survey; identify trends in student achievement, student academic growth, student performance, and high school graduation rates, by analyzing and reporting on the status and performance of subgroups of students, including subgroups based on race, ethnicity, and socioeconomic status and the subgroups of children with disabilities and English learners; compare the performance of students, including the subgroups described in clause (iii), across States and local educational agencies across the United States; identify and report on promising practices, areas of greatest improvement in student achievement and educational attainment, and other examples worthy of national attention; identify and report on areas of educational concern that warrant national attention; and analyze existing data, as of the time of the report, on Federal, State, and local expenditures on education, including per pupil spending, teacher salaries and pension obligations, school level spending, and other financial data publicly available; and report on current trends and major findings resulting from the analysis. The information used to prepare the report described in subparagraph
(A)shall be derived from existing State and local reporting requirements and data sources. Nothing in this paragraph shall be construed as authorizing, requiring, or allowing any additional reporting requirements, data elements, or information to be reported to the Secretary not otherwise explicitly authorized by any other Federal law. The Secretary shall transmit biennially to the authorizing committees a report that provides national and State-level data on the information collected under paragraph (1). If a State that receives a grant under this part fails to meet any requirement of this part, the Secretary may withhold funds for State administration under this part until the Secretary determines that the State has fulfilled those requirements. At the beginning of each school year, a local educational agency that receives funds under this part shall notify the parents of each student attending any school receiving funds under this part that the parents may request, and the agency will provide the parents on request (and in a timely manner), information regarding the professional qualifications of the student's classroom teachers, including, at a minimum, the following: Whether the teacher has met State qualification and licensing criteria for the grade levels and subject areas in which the teacher provides instruction. Whether the teacher is teaching under emergency or other provisional status through which State qualification or licensing criteria have been waived. The baccalaureate degree major of the teacher and any other graduate certification or degree held by the teacher, and the field of discipline of the certification or degree. Whether the student is provided services by paraprofessionals and, if so, their qualifications. A local educational agency that receives funds under this part shall make available to parents, separately or as a clearly identified part of the school report card, and through easily accessible means, including electronic means, the following information for each school: student achievement data at each performance level, for each category of students described in subsection (a)(3)(B)(ii), on the State academic assessments included in the State accountability system under subsection (a)(3), disaggregated by the subgroups described in subsection (a)(2)(B)(x); Individual school funding by source, including Federal, State, and local funding and grants; For each high school, the 4-year adjusted cohort graduation rate, as described in section 9101(32)(A), and the rate at which students graduating from the high school in the preceding year enrolled in institutions of higher education by the beginning of the next school year; Data regarding educational opportunity participation, which data— shall include, at a minimum, prekindergarten and full-day kindergarten opportunities for children and opportunities for Advanced Placement or International Baccalaureate course work; and may include such opportunities as dual enrollment, gifted programming, and other educational programming. Information regarding each school’s school climate, including student survey results and school discipline data, which may include information such as the incidence of school violence, bullying, in-school student suspensions, out-of-school student suspensions, expulsions, referrals to law enforcement, school-based arrests, disciplinary transfers (including placements in alternative schools), and student detentions. Other data that, in conjunction with the local educational agency report card described in subsection (d), is determined, by the State or local educational agency in consultation with parents, families, and educators, to be necessary to allow parents, families, and community members to understand, and compare with other schools in the local educational agency and across the State, the resources available to the school that influence the outcomes for students. In addition to the information that parents of students may request under paragraph (1), a school that receives funds under this part shall provide to each individual parent, with respect to the student— information on the level of achievement and academic growth of the student on each of the State academic assessments as required under this part; and timely notice that the student has been assigned, or has been taught for 4 or more consecutive weeks by, a teacher who does not hold a State qualification or license to teach at the grade level and subject area in which the teacher has been assigned. The notice and information provided to parents under this subsection shall be in an understandable and uniform format and, to the extent practicable, provided in a language that the parents can understand. Information collected under this section shall be collected and disseminated in a manner that protects the privacy of individuals. The Secretary shall provide a State educational agency, at the State educational agency's request, with technical assistance in meeting the requirements of this section. Nothing in this part shall be construed to prescribe the use of the academic assessments described in this part for student promotion or graduation purposes. In determining the assessments to be used by each school operated or funded by the Bureau of Indian Education of the Department of Interior that receives funds under this part, the following shall apply: Each such school accredited by the State in which it is operating shall use the assessments the State has developed and implemented to meet the requirements of this section, or such other appropriate assessment as approved by the Secretary of the Interior. Each such school accredited by a regional accrediting organization shall adopt appropriate assessments, in consultation with and with the approval of, the Secretary of the Interior and consistent with assessments adopted by other schools in the same State or region, that meets the requirements of this section. Each such school accredited by a tribal accrediting agency or tribal division of education shall use assessments developed by such agency or division, except that the Secretary of the Interior shall ensure that such assessments meet the requirements of this section. .
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