Raising Achievement through Improving Supplemental Education Act of 2006, or the RAISE Act - Amends the Elementary and Secondary Education Act of 1965 to direct local educational agencies (LEAs) to make supplemental educational services (SES) (after-school tutoring programs) available to eligible children attending schools identified as needing improvement because of their having failed, for two consecutive years, to make adequate yearly progress (AYP) pursuant to state academic performance standards. (Currently such services are required only after an additional year of failing to meet such standards.)
Makes low-performing children from such schools who are not from low-income families eligible for SES and gives them priority, in the case of insufficient funding, over children who are poor but not low-performing.
Requires LEAs to: (1) create a streamlined SES notification, registration, and provider selection process designed to increase the number of eligible children receiving such services and the information available to parents and SES providers; (2) grant approved providers access to school facilities that is equivalent to access provided to other after-school and extracurricular programs; and (3) enter into a written agreement with the parents' chosen provider, within a specified period, requiring such provider to render services within 20 days after the LEA and provider receive the child's contact information.
Requires states to: (1) provide advance notice to LEAs of their SES duties; (2) make a downloadable SES application form available to LEAs and parents; (3) evaluate providers in a valid and reliable manner that considers student achievement and parent satisfaction; (4) safeguard against conflicts of interest and underperformance when LEAs provide SES themselves; and (5) prohibit LEAs from reprogramming SES funds when there is inadequate parental notification or unsatisfied demand for services.
Prohibits the offering, by providers, of selection incentives to parents and eligible children.
Allows states to shift to nonprofit organizations, under a contract or cooperative agreement, performance of the SES responsibilities of LEAs that face conflicts of interest or are unreliable.
Directs the Secretary of Education to establish a model program coordinating the provision of SES with 21st century community learning centers.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3864 Introduced in Senate (IS)]
109th CONGRESS
2d Session
S. 3864
To amend part A of title I of the Elementary and Secondary Education
Act of 1965 to improve supplemental educational services, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 7 (legislative day, September 6), 2006
Mr. Martinez (for himself and Mr. Cornyn) introduced the following
bill; which was read twice and referred to the Committee on Health,
Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To amend part A of title I of the Elementary and Secondary Education
Act of 1965 to improve supplemental educational services, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Raising Achievement through
Improving Supplemental Education Act of 2006'' or the ``RAISE Act''.
SEC. 2. REFERENCES.
Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or a
repeal of, a section or other provision, the reference shall be
considered to be made to a section or other provision of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.).
SEC. 3. SUPPLEMENTAL EDUCATIONAL SERVICES AFTER THE FIRST YEAR OF
IDENTIFICATION FOR SCHOOL IMPROVEMENT.
Section 1116 (20 U.S.C. 6316) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by adding at the end the
following:
``(G) Supplemental educational services.--In the
case of a school identified for school improvement
under this paragraph, the local educational agency
shall make supplemental educational services available
consistent with subsection (e)(1).''; and
(B) in paragraph (5)(B), by inserting ``continue
to'' after ``shall''; and
(2) in subsection (e)(1), by inserting ``(1),'' after ``in
paragraph''.
SEC. 4. PRIORITIZING FUNDS.
Section 1116(b)(10)(C) (20 U.S.C. 6316(b)(10)(C)) is amended--
(1) by striking ``funds.--If'' and inserting ``funds.--
``(i) Priority.--Subject to clause (ii),
if'';
(2) by striking ``local educational agency shall give
priority'' and all that follows through the period at the end
and inserting ``local educational agency shall give priority--
``(I) first, to eligible children
who are low-income and low-performing,
as described in clauses (i) and (ii) of
subsection (e)(13)(A);
``(II) second, to low-performing
eligible children; and
``(III) third, to low-income
eligible children.''; and
(3) by adding at the end the following:
``(ii) Documentation.--A local educational
agency may only prioritize in accordance with
clause (i) after the local educational agency
makes available to the State educational agency
documentation providing clear and convincing
evidence that the funds available to provide
supplemental educational services under
subsection (e) are insufficient to meet the
actual demand by parents of eligible children
for the services, as demonstrated by satisfying
the requirements of paragraph (2).''.
SEC. 5. LOCAL EDUCATIONAL AGENCY RESPONSIBILITIES.
Section 1116(e)(2) (20 U.S.C. 6316(e)(2)) is amended--
(1) in subparagraph (A), by striking ``at a minimum,
annual'' and inserting ``at a minimum, at the times specified
under subparagraph (B)(i),'';
(2) by redesignating subparagraphs (B), (C), and (D) as
subparagraphs (E), (F), and (H), respectively;
(3) by inserting after subparagraph (A) the following:
``(B) establish a streamlined opportunity for
eligible children to acquire supplemental educational
services under this subsection, which shall include--
``(i) notifying eligible children served by
the local educational agency and their parents
of the child's eligibility for supplemental
educational services--
``(I) not later than 30 days after
the local educational agency obtains
data from the State educational agency
indicating that the school serving the
child is identified for school
improvement under section 1116(b)(1);
``(II) not later than 30 days after
the first day of classes at the school
for a school year; and
``(III) not later than 30 days
before requesting the reallocation of
unused funds reserved for supplemental
educational services under subsection
(b)(10)(A);
``(ii) holding not less than 2
opportunities for parents of eligible children
to register and select a provider
simultaneously through the one-step process
described in subparagraph (C); and
``(iii) using, as the application for
supplemental educational services under this
section, the State application developed under
paragraph (4)(F);
``(C) create a streamlined, one-step parent
registration and provider selection process that--
``(i) does not place an undue burden on
parents that may result in the decreased
participation of eligible children in
supplemental educational services under this
subsection;
``(ii) provides notice to the parents of
the process for receiving supplemental
educational services under this subsection;
``(iii) obtains the parent's permission to
release assessment data regarding the eligible
child to the provider selected by the parent;
``(iv) is as simple as possible and is in
the parent's native language, where possible;
and
``(v) provides each provider with the names
and contact information of the eligible
children whose parents have selected the
provider for such services in a timely manner;
``(D) make every effort, in carrying out the duties
of the local educational agency under this paragraph--
``(i) to increase the participation of
eligible children in supplemental educational
services under this subsection; and
``(ii) to fully utilize the funds available
under subsection (b)(10)(A)(ii) for providing
such services to eligible children;'';
(4) in subparagraph (F) (as redesignated by paragraph (2)),
by striking ``; and'' and inserting ``, based on the priorities
described in subsection (b)(10)(C)(i);''; and
(5) by inserting after subparagraph (F) (as redesignated by
paragraph (2)) the following:
``(G) provide approved providers with access to
school facilities on the same basis as other after-
school and extra-curricular programs (including
programs operated or overseen by the local educational
agency) seeking access to the school facility; and''.
SEC. 6. PROVIDER AND LEA AGREEMENT.
Section 1116(e)(3) (20 U.S.C. 6316(e)(3)) is amended--
(1) by redesignating subparagraphs (A) through (E) as
subparagraphs (B) through (F), respectively;
(2) in the matter preceding subparagraph (B) (as
redesignated by paragraph (1)), by striking ``In the case'' and
all that follows through ``Such agreement shall--'' and
inserting ``In the case of an approved provider selected by a
parent, the local educational agency shall enter into a written
agreement with such provider, not later than 45 days after the
first day of the school year or 45 days after the selection by
the parent, whichever occurs later. Such agreement shall--
``(A) require that the provider be available to
begin providing supplemental educational services under
this subsection not later than 20 days after both
parties receive the names and contact information
described in paragraph (2)(C)(v);''; and
(3) in subparagraph (B) (as redesignated by paragraph
(1))--
(A) by striking ``local educational agency'' and
inserting ``provider''; and
(B) by striking ``the provider chosen by the
parents'' and inserting ``the local educational
agency''.
SEC. 7. STATE EDUCATIONAL AGENCY RESPONSIBILITIES.
Section 1116(e)(4) (20 U.S.C. 6316(e)(4)) is amended--
(1) in subparagraph (E)--
(A) by striking the period and inserting a
semicolon; and
(B) by redesignating subparagraph (E) as
subparagraph (F);
(2) in subparagraph (D)--
(A) by striking ``and'' after the semicolon; and
(B) by redesignating subparagraph (D) as
subparagraph (G) and moving the subparagraph so that
the subparagraph follows subparagraph (F) (as
redesignated by paragraph (1)(B));
(3) by inserting after subparagraph (C) the following:
``(D) notify each local educational agency within
the State that is required to provide supplemental
educational services under this subsection for a school
year not later than the June 1st preceding the
commencement of the school year, or if the June 1st
deadline is not possible, with as much advance notice
before the first day of the school year as possible;
``(E) include on the State educational agency's
Internet website a standard, downloadable application
form for local educational agencies and parents to
utilize in applying for and providing supplemental
educational services under this subsection;''; and
(4) by adding at the end the following:
``(H) provide a valid and reliable evaluation of
providers that--
``(i) is consistent with relevant,
nationally-recognized professional and
technical standards;
``(ii) records the gains of individual
students by showing improvement attributable
per hour of supplemental educational services
instruction under this subsection (especially
for students whose academic achievement level
is several grades below grade level);
``(iii) isolates the effects of
supplemental educational services under this
subsection from other possible variables that
might affect a student's academic achievement;
``(iv) coordinates the collection of
qualitative data on parental satisfaction with
the supplemental educational services of the
provider under this subsection, and the reasons
for such level of satisfaction; and
``(v) may exclude from the evaluation those
students who attend less than 80 percent of the
total hours of supplemental educational
services scheduled for the student;
``(I) establish safeguards against potential
conflicts of interest when a local educational agency
applies to be, or becomes, a provider of supplemental
educational services under this subsection, and provide
monitoring and evaluation of the local educational
agency's performance as a provider; and
``(J) prohibit local educational agencies from
reprogramming any portion of the supplemental
educational services funds described in subsection
(b)(10)(A)(ii) for a fiscal year for other purposes,
unless the local educational agency provides to the
State educational agency clear and convincing evidence,
as determined by the State educational agency, that--
``(i) the parents of all eligible children
in schools served by the local educational
agency have been notified in good faith of the
availability of supplemental educational
services under this subsection;
``(ii) the local educational agency is
meeting all actual demand from parents for
supplemental educational services under this
subsection, as determined by whether the local
educational agency has opened enrollment for
supplemental educational services under this
section, on a monthly basis, after the initial
enrollment, to parents of all eligible children
without restriction until all funds available
to provide supplemental educational services
under subsection (b)(10)(A)(ii) are expended;
and
``(iii) the local educational agency is
able to meet any likely future demand for
supplemental educational services for the
school year for which the determination is
made.''.
SEC. 8. CRITERIA FOR PROVIDERS.
Section 1116(e)(5) (20 U.S.C. 6316(e)(5)) is amended--
(1) by redesignating subparagraphs (C) and (D) as
subparagraphs (E) and (F), respectively; and
(2) by inserting after subparagraph (B) the following:
``(C) Offer no incentives for the purpose of
enticing eligible children or their parents to select
the provider for supplemental educational services
under this subsection.
``(D) Offer an incentive to an eligible child only
if--
``(i) the purpose of the incentive is to
encourage the eligible child's performance or
attendance; and
``(ii) the value of the incentive is not
more than 5 percent of the per-pupil amount for
supplemental educational services described in
paragraph (6)(A), as calculated for the local
educational agency serving the student.''.
SEC. 9. SPECIAL RULE FOR INEFFECTIVE LEA'S.
Section 1116(e)(11) (20 U.S.C. 6316(e)(11)) is amended--
(1) by striking ``rule.--If'' and inserting ``rules.--
``(A) State educational agency role.--If''; and
(2) by adding at the end the following:
``(B) Local educational agency role.--
``(i) In general.--If a State educational
agency determines that the local educational
agency is not able, or is too unreliable, to
carry out the local educational agency's
responsibilities under paragraph (2), or if
there is a conflict of interest due to the
local educational agency becoming a provider,
the State educational agency may, from amounts
described in clause (ii), enter into a contract
or cooperative agreement with a nonprofit
organization to enable the nonprofit
organization to carry out such responsibilities
with respect to the eligible children served by
the local educational agency.
``(ii) Reallocation of funds.--
``(I) In general.--In order to
carry out clause (i) with respect to a
local educational agency, the State
educational agency shall reserve and
utilize, from the funds allocated to
the local educational agency under
subpart 2, an amount equal to fifteen
percent of such funds.
``(II) Administrative costs.--A
total of not more than 5 percent of the
reserved amount described in subclause
(I) may be used for the administrative
costs of the State educational agency
and the nonprofit organization.
``(III) Interaction with reserved
funds.--In calculating the amount spent
by a local educational agency for the
purposes of subsection (b)(10), the
amounts spent on behalf of a local
educational agency under this
subparagraph shall be included.''.
SEC. 10. DEFINITION OF ELIGIBLE CHILD.
Section 1116(e)(12)(A) (20 U.S.C. 6316(e)(12)(A)) is amended to
read as follows:
``(A) the term `eligible child' means a child--
``(i) from a low-income family, as
determined by the local educational agency for
purposes of allocating funds to schools under
section 1113(c)(1); or
``(ii) who is low-performing, as
demonstrated by a score of below proficient in
a required subject on the State student
academic assessment, as described in section
1111(b)(3)(A), for the previous school year.''.
SEC. 11. COORDINATION OF SUPPLEMENTAL EDUCATIONAL SERVICES WITH AFTER-
SCHOOL CARE.
Section 1116(e) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6316(e)) is further amended--
(1) by redesignating paragraph (12) (as amended by section
10) as paragraph (13); and
(2) by inserting after paragraph (11) the following:
``(12) Coordination with after-school programs.--The
Secretary shall develop, and provide guidance on the
implementation of, a model program for coordinating the
provision of supplemental educational services under this
subsection with the 21st century learning centers assisted
under part B of title IV.''.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S9124-9125)
Read twice and referred to the Committee on Health, Education, Labor, and Pensions. (text of measure as introduced: CR S9125-9126)
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