Sec. 305. Performance accountability system
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Section 212 ( 29 U.S.C. 3292 ) is amended to read as follows: Programs and activities authorized in this title are subject to the performance accountability provisions described in section 116. The Secretary may authorize one or more eligible entities to implement an innovative performance accountability system that uses alternative primary indicators of performance that reflect the objectives and activities of the entity’s adult education and family literacy programs and measure the attainment of the education and employment goals of the participants in such programs.
The innovative performance accountability system may include— performance indicators attained while an individual is enrolled in an adult education and family literacy program; and performance indicators attained after an individual exits such a program. Except as provided in subparagraph (B), the period during which an eligible entity may carry out an innovative accountability system authorized under this subsection shall be a period determined by the Secretary that does not exceed five years.
The Secretary may extend, by up to one year, the demonstration period determined under subparagraph
(A)for an eligible entity if— the Secretary determines that the innovative accountability system implemented by the entity is successfully meeting the objectives of this subsection; and the total period during which the entity implements such system under the demonstration program, inclusive of such extension, does not exceed six years. Subject to subparagraph (C), an eligible entity that seeks authorization to implement an innovative performance accountability system under this subsection shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. At a minimum, each application under this paragraph shall include— a description of the objectives of the innovative performance accountability system proposed by the eligible entity; a description of such accountability system, including a description of the performance indicators to be used; the duration of the period over which the entity intends to carry out the proposed accountability system; an explanation of why the entity believes the alternative indicators of performance proposed by the entity would more accurately measure the attainment of the objectives of the entity’s adult education and family literacy programs compared to the indicators of performance described in section 116(b)(2)(A)(i); an explanation of how the proposed performance indicators are expected to provide a valid and reliable measurement of the effectiveness of the entity’s adult education and family literacy programs with respect to the individuals served by such programs; a description of how the entity will report to the Secretary and make publicly available the proposed indicators of performance on a timely basis; an assurance that the entity will prepare and submit the final report required under paragraph (4); and a description of how the innovative accountability system may be relevant to and replicated by States and outlying areas. In a case in which an eligible entity that is a consortium of eligible providers seeks authorization to implement an innovative performance accountability system under this subsection— the consortium shall submit the application described in subparagraph
(A)to the eligible agency of the State or outlying area in which the consortium intends to implement the system; the eligible agency shall review the application; and if the eligible agency approves the application, the agency shall forward the application to the Secretary together with any comments of the agency regarding the content of the application. Not later than 180 days before the end of the initial demonstration period applicable to an eligible entity under paragraph (2)(A), and before the Secretary authorizes any extension of the demonstration period under paragraph (2)(B) for such entity, the eligible entity shall submit to the Secretary a report on the initial progress (in this paragraph referred to as the progress report ) of the innovative accountability system implemented by the eligible entity under this section. The progress report under subparagraph
(A)shall be based on the annual information submitted by participating States and shall include an assessment of the following: The burden placed on the local programs and the State to implement and carry out the innovative accountability system. Whether and to what extent— the State has solicited feedback from local program directors and instructors about their satisfaction with the innovative accountability system; local program instructors and directors have demonstrated a commitment and capacity to implement or continue to implement the system; the system was used to measure the performance indicators for all students participating in the system; and the innovative accountability system can be used across States. The eligible entity shall conduct a peer review of the innovative performance accountability system implemented by the eligible entity under this section. For purposes of conducting the peer review under clause (i), the eligible entity shall assemble a team of subject matter experts who— are knowledgeable about innovative accountability systems; and have demonstrated experience developing and implementing such systems. The methodology of the peer review shall meet requirements to be jointly established by the Secretary of Labor and Secretary of Education. The peer review shall determine the extent to which the innovative accountability system includes primary indicators that reflect the objectives and activities of the State’s adult education and family literacy programs. The eligible entity shall provide a response to the findings of the progress report. The progress report under this paragraph, including any comments provided under subparagraph (D), shall be made available on a publicly accessible website of the eligible entity. Not later than one year after the conclusion of the demonstration period applicable to an eligible entity under paragraph (2), the entity shall submit to the Secretary a report on the results of the innovative performance accountability system implemented by the entity under this subsection. Each such report shall include the entity’s assessment of whether, and to what extent, the innovative performance accountability system achieved its objectives. An eligible entity shall continue to report to the State, or the Secretary, as applicable, on the indicators of performance described in section 116(b)(2)(A)(i) during the demonstration period. The Secretary shall— based on the results of the demonstration programs authorized under this subsection and in consultation with the Director of the Institute of Education Sciences and the Secretary of Labor, identify best practices for the development and implementation of innovative performance accountability systems; and disseminate information on those practices, including by making such information available on a publicly accessible website of the Department of Education. Nothing in this subsection shall be construed to supersede the requirements of section 116 or to authorize the Secretary to modify or replace the performance accountability measures required under section 116. An eligible entity participating in a demonstration program under this subsection shall be subject to the applicable requirements of section 116 while participating in such program. In this subsection, the term eligible entity means— an eligible agency; a consortium of eligible agencies; or a consortium of eligible providers within a State or outlying area. .
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Sec. 305
Performance accountability system
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