S. 2053 (110th): Improving Student Testing Act of 2007

110th Congress, 2007–2009. Text as of Sep 17, 2007 (Introduced).

Status & Summary | PDF | Source: GPO

II

110th CONGRESS

1st Session

S. 2053

IN THE SENATE OF THE UNITED STATES

September 17, 2007

(for himself and Mr. Leahy) 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 elementary and secondary education.

1.

Short title; table of contents

(a)

Short title

This Act may be cited as the Improving Student Testing Act of 2007.

(b)

Table of contents

The table of contents for this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. References.

Sec. 3. Findings.

Sec. 4. Purposes.

Sec. 5. State and local flexibility in assessment and accountability models.

Sec. 6. Privacy protections for data systems.

Sec. 7. Timeline.

Sec. 8. Improvements to the peer review process.

Sec. 9. Disaggregation of graduation rates.

Sec. 10. Competitive grants for creating and implementing better assessments.

Sec. 11. Competitive grants for increasing capacity at the State and local level.

Sec. 12. International Trade Administration offset.

2.

References

Except as otherwise expressly provided, whenever in this Act an amendment or revision is expressed in terms of an amendment to, or revision 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.).

3.

Findings

Congress makes the following findings:

(1)

State and local governments bear the majority of the cost of and responsibility for educating public elementary school and secondary school students.

(2)

State and local governments often struggle to find adequate funding to provide basic educational services.

(3)

The Federal Government has not provided its full share of funding for numerous federally mandated elementary and secondary education programs.

(4)

Underfunded Federal education mandates increase financial pressures on States and local educational agencies.

(5)

States and local educational agencies are facing increased costs when implementing the annual student academic assessments required under section 1111(b)(3)(C)(vii) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(3)(C)(vii)).

(6)

Multiple measures of student academic achievement on various methods of assessment provide a more complete picture of a student's strengths and weaknesses than does a single score on a high stakes standardized test.

(7)

The frequency of using high-quality assessments as a tool to measure student achievement should be decided by State educational agencies and local educational agencies.

4.

Purposes

Section 1001 (20 U.S.C. 6301) is amended—

(1)

by redesignating paragraphs (8) through (12) as paragraphs (10) through (14), respectively; and

(2)

by inserting after paragraph (7) the following:

(8)

encouraging State educational agencies and local educational agencies to design innovative State assessment systems that include valid and reliable high-quality assessments, including teacher-designed formative assessments, performance-based assessments, portfolio assessments, and other locally designed assessments;

(9)

providing additional resources for States to encourage the use of more than high stakes standardized testing in making key decisions about students and schools, including accountability determinations, student promotion and retention decisions, and school funding decisions;

.

5.

State and local flexibility in assessment and accountability models

(a)

Changes to academic standards

Section 1111(b)(1)(D) (20 U.S.C. 6311(b)(1)(D)) is amended—

(1)

in clause (i)(III), by inserting , including higher-order thinking and analysis skills after skills; and

(2)

in clause (ii)(III), by striking the lower-achieving and inserting all.

(b)

Accountability definition changes

Section 1111(b)(2)(A) (20 U.S.C. 6311(b)(2)(A) is amended—

(1)

in the matter preceding clause (i)—

(A)

by inserting or adequate yearly growth after progress; and

(B)

by striking under this paragraph and inserting in the State plan in accordance with this paragraph and subject to the State's selection of an assessment system described in paragraph (3)(E); and

(2)

in clause (iii)—

(A)

by striking sanctions and inserting proven interventions; and

(B)

by inserting or adequate yearly growth after adequate yearly progress.

(c)

Adequate Yearly Progress Changes

Section 1111(b)(2) (as amended by subsection (b)) (20 U.S.C. 6311(b)(2)) is further amended—

(1)

in subparagraph (B), by inserting , and at the State’s selection, other academic indicators, after assessments; and

(2)

in subparagraph (D)—

(A)

in clause (i), by striking and after the semicolon;

(B)

by striking clause (ii) and inserting the following:

(ii)

in order to provide a more accurate determination of school improvement and subject to subparagraph (C)(iv), may elect to use other academic indicators described in clauses (vi) or (vii) of subparagraph (C) to determine which schools and local educational agencies are identified for school improvement, corrective action, or restructuring under section 1116; and

; and

(C)

by adding at the end the following:

(iii)

shall ensure that assessments described in paragraph (3) represent not less than 50 percent of the factors used to determine how academic achievement is measured for purposes of determining adequate yearly progress or adequate yearly growth.

.

(d)

Changes to annual measurable objectives

Section 1111(b)(2)(G) (20 U.S.C. 6311(b)(2)(G)) is amended—

(1)

in clause (iii), by inserting , or to meet a certain level of adequate yearly growth, after proficient level; and

(2)

in clause (iv), by inserting , or definition of adequate yearly growth, after academic achievement.

(e)

State flexibility To design growth models

Section 1111(b)(2) (20 U.S.C. 6311(b)(2)) is further amended by adding at the end the following:

(L)

State flexibility To design growth models

(i)

In general

Notwithstanding any other provisions of this section, in carrying out this section a State may choose from among the following statewide accountability models:

(I)

Status model

Maintaining annual assessments under a status model, as described in subparagraphs (B) through (K) of this paragraph.

(II)

Growth model

Implementing a growth model accountability system described in clause (ii).

(III)

Hybrid model

Implementing a hybrid accountability model, including a combined growth and status model, if the growth model meets the requirements described in clause (ii).

(ii)

Requirements for growth models

A growth model accountability system referred to in subclause (II) or (III) of clause (i) shall meet the following requirements:

(I)

Valid, reliable, and accurate measures

The growth model uses valid, reliable, and accurate measures.

(II)

Sufficient technical quality and capacity

The growth model has sufficient technical quality and technical capacity to ensure the growth model can function fairly and accurately for each student.

(III)

Statewide privacy-protected data system

The growth model has a statewide privacy-protected data system capable of tracking individual students’ growth.

(IV)

Annual assessments

The State annually assesses students in grades 3 through 8 and once in grades 9 through 12 and such assessments produce reliable results in each grade and from year to year.

(V)

Performance measures or growth targets

The State may set performance measures or growth targets based on a student’s current academic level, but may not set performance measures or growth targets for students on the basis of the student’s membership in 1 of the groups listed in subparagraph (C)(v)(II).

(VI)

Ability to evaluate

The State is able to evaluate student gains or progress in, at a minimum, mathematics and reading or language arts.

.

(f)

State flexibility To design assessment systems

Section 1111(b)(3) (20 U.S.C. 6311(b)(3)) is amended by adding at the end the following:

(E)

State flexibility To design assessment systems

(i)

State assessment systems

(I)

In general

Notwithstanding any other provision of this Act, in carrying out this section a State may choose to design a statewide assessment system described in clause (ii) that is subject to peer review and approval under subsection (e).

(II)

Maintaining current assessment system

Notwithstanding any other provision of this Act, a State may elect to maintain the State's statewide assessment system in effect on the day before the date of enactment of the Improving Student Testing Act of 2007.

(III)

Consultation

A State shall consult with local educational agencies, principals, teachers, and parents when designing an assessment system under this subparagraph.

(ii)

Statewide assessment system options

In carrying out this section a State may choose from among the following statewide assessment system options:

(I)

Alternative assessment models

(aa)

In general

Subject to item (bb), a State may conduct statewide assessments as described in paragraph (3) not less than—

(AA)

once in grades 3 through 5;

(BB)

once in grades 6 through 9; and

(CC)

once in grades 10 through 12.

(bb)

Special rule

If a State chooses to assess statewide in grade-spans, then the State is encouraged to use more than standardized, point-in-time assessments to determine adequate yearly progress or adequate yearly growth, and decisions related to school improvement, corrective action, and restructuring under section 1116.

(II)

Multiple measures of assessment

A State may choose to implement a system of State or locally designed or administered formative assessments, performance assessments, portfolio assessments, benchmark assessments, end-of-course examinations, and other measures of assessment, as an alternative to or in conjunction with statewide standardized assessments, if each such assessment in the system—

(aa)

measures higher-order thinking skills; and

(bb)

meets the requirements of subparagraph (C)(xvi).

(III)

Hybrid assessment model

A State may choose to create a hybrid assessment model composed of statewide standardized assessments and multiple measures of assessment described in subclause (II).

.

(g)

Assessment changes

Section 1111(b)(3) (as amended by subsection (e)) is further amended—

(1)

in subparagraph (A)—

(A)

by striking , yearly after high-quality; and

(B)

by striking that will be used as the primary and inserting , subject to the State’s selection of an assessment system under subparagraph (E), that will be used as 1 of the;

(2)

in subparagraph (C)—

(A)

in the matter preceding item (aa) of clause (v)(I), by striking except as otherwise provided for grades 3 through 8 under clause vii and inserting subject to a State’s selection of an assessment system under subparagraph (E);

(B)

in clause (vii), by striking beginning not and all that follows through through 8 in and inserting measure the achievement of students against the challenging State academic content and student academic achievement standards in each of the grades assessed in;

(C)

in clause (xiv), by striking and after the semicolon;

(D)

in clause (xv), by striking the period and inserting ; and; and

(E)

by adding at the end the following:

(xvi)

if the State chooses, include other valid and reliable assessments, including State or locally designed or administered formative assessments, performance assessments, portfolio assessments, benchmark assessments, end-of-course examinations, and other local assessments, that—

(I)

are aligned with the State’s academic content standards and student academic achievement standards;

(II)

have been approved through the peer-review process described in subsection (e);

(III)

measure higher-order thinking skills;

(IV)

produce evidence about student learning and achievement in a timely manner; and

(V)

provide teachers with meaningful feedback so that the teachers can modify, improve, and target instructional strategies based on individual student need.

.

(h)

Special rule

Section 1111(b) (20 U.S.C. 6311(b)) is further amended by striking paragraph (4).

6.

Privacy protections for data systems

Subpart 1 of part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) is amended by adding at the end the following:

1120C.

Privacy protections for data systems

(a)

In general

Each State receiving a grant under this part shall implement measures to—

(1)

limit the use of information in a statewide education data system by a State educational agency, a local educational agency, or an institution of higher education to the purposes and functions for such information set forth in Federal or State education law, and allow access to the information in the statewide education data system only to those State or local employees or agents, and only on such terms, as may be necessary to fulfill those purposes and functions;

(2)

prohibit the disclosure of student-level information in the data system to any other person, agency, institution, or entity, except that States may allow the disclosures permitted under section 444 of the General Education Provisions Act in accordance with the limitations set forth in this section and any additional limitations set forth in State law;

(3)

require any person, agency, institution, or entity to whom disclosure of information in the data system is authorized under section 444 of the General Education Provisions Act to sign a data use agreement prior to disclosure, that—

(A)

prohibits the party from further disclosing the information;

(B)

prohibits the party from using the information for any purpose other than the purpose specified in the agreement; and

(C)

requires the party to destroy the information when the purpose for which the disclosure was made is accomplished;

(4)

if consistent with the purpose of the disclosure, remove personally identifying information and unique identifiers before disclosing student-level information in the data system;

(5)

in addition to the accounting requirements set forth under section 444 of the General Education Provisions Act, maintain a record of the date of each disclosure of information in the data system, a detailed description of the information disclosed, and the name and address of the person, agency, institution, or entity to whom the disclosure was made, which accounting shall be made available on request to parents of any student whose information has been disclosed, or to the student if the student has reached the age of 18 or is enrolled in a postsecondary educational institution;

(6)

ensure that any disclosure of aggregate data in the data system is in a form that does not permit the identification of individual students, and that any unique identifiers in the data system are removed prior to disclosure of aggregate data;

(7)

maintain adequate security measures to ensure the confidentiality and integrity of the data system; and

(8)

ensure adequate enforcement of the requirements of this section.

(b)

Use of unique identifiers

(1)

Governmental use of unique identifiers

It shall be unlawful for any Federal agency, any employee of any Federal agency, any State or local agency in a State that receives funds under this Act, or any employee of a State or local agency in a State that receives funds under this Act, to use unique identifiers employed in a statewide education data system for any purpose other than as authorized by Federal or State education law, or to deny any individual any right, benefit, or privilege provided by law because of such individual’s refusal to disclose the individual's unique identifier.

(2)

Regulations

Not later than 1 year after the date of enactment of the Improving Student Testing Act of 2007, the Secretary shall promulgate regulations governing the use of unique identifiers employed in statewide education data systems, with the goal of safeguarding individual privacy. The regulations may require States seeking grants under this part to have in place measures to limit the use of unique identifiers by nongovernmental parties to the extent practicable, consistent with the uses of the information authorized in Federal or State education law.

(c)

Formula grants for privacy protected data systems

(1)

Grants authorized

The Secretary is authorized to award a grant, from allotments under paragraph (2), to each State receiving funds under this part, for the purposes of carrying out the requirements of this section related to privacy protections and unique identifiers.

(2)

Allotment formula

The Secretary shall establish a formula for the allotment of grants under this subsection that ensures that no State receives less than $500,000 annually and that each State receives an equitable share of the amount allotted based upon relevant State factors, including student population size.

(3)

Definition of State

In this subsection the term State means each of the several States of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.

(d)

Authorized amounts

There are authorized to be appropriated to carry out this section $35,000,000 for each of fiscal years 2008 through 2012.

.

7.

Timeline

Section 1111(b)(2)(F) (20 U.S.C. 6311(b)(2)(F)) is amended by adding at the end the following: The Secretary shall waive the timeline described in this subparagraph if the amount appropriated to carry out this part for each of fiscal years 2008 through 2015 does not equal or exceed the amount authorized to be appropriated to carry out this part for each such fiscal year..

8.

Improvements to the peer review process

Section 1111(e)(1) (20 U.S.C. 6311(e)(1)) is further amended—

(1)

by striking subparagraph (B) and inserting the following:

(B)

appoint individuals to the peer review process who are—

(i)

representative of parents, teachers, State educational agencies, local educational agencies, and professional education associations; and

(ii)

skilled practitioners or education researchers with knowledge of fair, valid, and reliable assessment design, including individuals with expertise in 1 or more of the following:

(I)

Developing educational standards.

(II)

Developing valid and reliable assessments for all students, including alternative assessments for students with disabilities and English language learners.

(III)

Creating valid accountability models.

(IV)

Accurately assessing the needs of low-performing schools.

(V)

Adequately measuring the other educational needs of students so that issues relating to the education of the whole child are addressed.

;

(2)

by redesignating subparagraphs (C) through (F) as subparagraphs (F) through (I), respectively;

(3)

by inserting after subparagraph (B) (as amended by paragraph (1)) the following:

(C)

establish a list of individuals who are eligible to be appointed to a peer review panel under this subsection and ensure that from the list of eligible peer reviewers, each peer review team contains—

(i)

not less than 1 representative selected from among recommendations from State educational agencies;

(ii)

not less than 1 representative selected from among recommendations from local educational agencies;

(iii)

not less than 1 representative selected from among recommendations from professional educational associations;

(iv)

not less than 1 representative selected by the Secretary; and

(v)

not less than 1 representative who works in a school;

(D)

ensure that there is consistency from State to State with respect to all decisions reached by the peer review panels;

(E)

ensure that States are given the opportunity to receive timely feedback from peer review teams, in person or via electronic communication, and directly interact with peer review panels on issues that need clarification during the peer review process;

;

(4)

in subparagraph (H)(iii) (as redesignated by paragraph (2)), by striking and after the semicolon;

(5)

in subparagraph (I) (as redesignated by paragraph (2)), by striking the period and inserting a semicolon; and

(6)

by adding at the end the following:

(J)

post all approval and denial decisions regarding the State plans and final State plans, State plan amendments, and waiver decisions for each State plan, on a publicly available website in an easily identifiable location, and provide written notification to States of all such decisions within 3 business days of such decisions; and

(K)

direct the Inspector General of the Department to review the final determinations reached by the Secretary under this subsection for consistent decisionmaking through the peer review process across all States and report the findings to Congress once every 2 years.

.

9.

Disaggregation of graduation rates

(a)

In general

Section 1111(h)(1)(C)(vi) (20 U.S.C. 6311(h)(1)(C)) is amended by inserting before the semicolon the following: , disaggregated by the student subgroups described in subsection (b)(2)(C)(v)(II).

(b)

Formula grants for disaggregation and reporting of data

(1)

In general

The Secretary of Education is authorized to award a grant, from allotments under paragraph (2), to each State receiving funds under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.), for the purposes of carrying out the requirements to disaggregate and report data as required under sections 1111(b)(2)(C), 1111(b)(3)(C)(xiii), and 1111(h) of such Act (20 U.S.C. 6311(b)(2)(C), 6311(b)(3)(C)(xiii), 6311(h)).

(2)

Allotment formula

The Secretary shall establish a formula for the allotment of grants under this subsection that ensures that no State receives less than $1,000,000 annually and that each State receives an equitable share of the amount allotted based upon relevant State factors, including student population size.

(3)

Definition of States

In this subsection the term State means each of the several States of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.

(4)

Authorization

There are authorized to be appropriated to carry out this subsection $70,000,000 for each of fiscal years 2008 through 2012.

10.

Competitive grants for creating and implementing high-quality assessments

(a)

Purposes

The purposes of this section are as follows:

(1)

To provide additional resources to State educational agencies, local educational agencies, and schools so that accountability decisions about students and schools are based on well-designed multiple measures of assessment rather than 1 high stakes standardized test.

(2)

To assist State educational agencies, local educational agencies, and schools in the design and implementation of high-quality assessments, including State or locally designed school district assessments, formative assessments, performance assessments, portfolio assessments, alternative assessments for students with disabilities and English Language Learners, and other assessments that measure higher-order thinking skills and are aligned with State student academic achievement and academic content standards in order to create multiple measures of assessment that—

(A)

improve classroom instruction; or

(B)

are used in accountability systems.

(b)

Definitions

In this section:

(1)

ESEA definitions

The terms used in this section have the meanings given the terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).

(2)

Formative assessment

The term formative assessment means an assessment that—

(A)

produces evidence about student learning and achievement in a timely manner; and

(B)

provides students and teachers with meaningful feedback so that teachers can modify, improve, and target instructional strategies based on individual student need, and students can assess the students' own academic progress.

(3)

Multiple measures of assessment

The term multiple measures of assessment means different forms of assessment that offer all students various ways to show academic achievement and progress.

(4)

Performance assessment

The term performance assessment means an assessment that measures the ability of students to apply knowledge and demonstrate achievement through performance-based tasks.

(5)

Portfolio assessment

The term portfolio assessment means an assessment that accumulates student work to use as formative or summative evidence of student academic progress.

(c)

Grants authorized

The Secretary of Education is authorized to award grants to State educational agencies to enable the State educational agencies to carry out the authorized activities described in subsection (d).

(d)

Authorized activities

(1)

In general

A State educational agency that receives a grant under this section shall use the funds made available through the grant for the design or implementation of high-quality assessments in local classrooms, including—

(A)

partnering with institutions of higher education to train teachers in how to develop and utilize the assessments described in subsection (a)(2) and how to teach students to assess their own learning;

(B)

creating the assessments described in subsection (a)(2) and aligning the assessments with State student academic achievement and academic content standards;

(C)

aligning local assessments across the State to develop a system of common assessments;

(D)

designing student reports that detail assessment results and that can be used to inform classroom instruction and provide parents with timely information on student progress; and

(E)

collaborating with other State educational agencies to share information about assessment development and implementation across the States.

(2)

Restrictions

Grant funds received under this section shall—

(A)

be used only for the development, implementation, and measurement of the assessments described in subsection (a)(2); and

(B)

not be used for the purchase or development of high stakes, large scale assessments or for test preparation materials for high stakes testing.

(e)

Eligible partner entities

(1)

In general

Each State educational agency that receives a grant under this section, upon receipt of the grant funds, may partner with an entity described in paragraph (2), in order to carry out the activities assisted under the grant.

(2)

Entities

An entity referred to in paragraph (1) is—

(A)

an institution of higher education that has a teacher training program;

(B)

a local educational agency; and

(C)

a research institution with experience in designing high-quality assessments.

(f)

Application

To be eligible to receive a grant under this section, a State educational agency shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including, at a minimum—

(1)

a proposal to use the grant funds to design or implement the assessments described in subsection (a)(2);

(2)

a method for establishing an application process whereby local educational agencies and individual schools can apply to receive funds provided under this section from the State educational agency;

(3)

a description of how the State educational agency plans to assess the effectiveness of the assessments in raising student achievement and narrowing the achievement gap among the State’s student population; and

(4)

a description of how the State educational agency plans to ensure that the assessments will be used to improve teaching and provide detailed and timely feedback to students and parents.

(g)

Duration

A grant under this section shall be awarded for a period of not more than 5 fiscal years.

(h)

Award considerations

In awarding grants under this section, the Secretary shall select State educational agencies that demonstrate the greatest need for the grants and the greatest potential benefit from receipt of the grants.

(i)

Report and evaluation

(1)

State reports

Each State educational agency that receives a grant under this section shall submit—

(A)

an annual report to the Secretary detailing how the State educational agency is using the grant funds and detailing ongoing evaluation of the design of the assessments assisted under this section, the training of educators in using the assessments, and the effectiveness of the assessments as measured by student achievement and growth based on multiple measures of assessment; and

(B)

a comprehensive 5-year report at the end of the 5-year grant period including a detailed analysis of—

(i)

how the grant funds were used; and

(ii)

the impact of the grant on student achievement, narrowing the achievement gap, and the quality of teaching, based on multiple measures of assessment.

(2)

Federal evaluation and report

Not later than 5 years after the date of enactment of this Act, the Secretary shall—

(A)

develop and execute a plan for evaluating the assessments assisted under this section and the strategies financed under this section; and

(B)

submit a report to Congress detailing how State educational agencies used the grant funds provided under this section, the impact of the grants on student achievement and teaching in the States, and any recommendations for improvements that can be made to the grant program under this section.

(j)

Authorized amounts

There are authorized to be appropriated to carry out this section $150,000,000 for each of fiscal years 2008 through 2012.

11.

Competitive grants for increasing capacity at the State and local level

(a)

Purposes

The purpose of this section is to assist State educational agencies and local educational agencies with—

(1)

building State educational agency and local educational agency technical capacity; and

(2)

improving technical assistance.

(b)

Grants authorized

The Secretary of Education is authorized to award grants to State educational agencies and local educational agencies to enable the agencies to carry out the authorized activities described in subsection (c).

(c)

Authorized activities

A State educational agency or local educational agency that receives a grant under this section shall use the funds made available under the grant to carry out 1 or more of the following activities:

(1)

Creating, maintaining, and improving State or local education databases that can track adequate yearly growth in individual students.

(2)

Implementing adequate privacy protections in State or local education databases.

(3)

Complying with the requirement to disaggregate and report data under sections 1111(b)(2)(C), 1111(b)(3)(C)(xiii), and 1111(h) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(C), 6311(b)(3)(C)(xiii), 6311(h)).

(4)

Developing State educational agency or local educational agency capacity to create accountability or assessment systems that contain multiple measures of student achievement, including statewide, local, formative, and performance-based assessments.

(5)

Conducting research on proven strategies for improving schools and local school districts or implementing research-proven, valid, and reliable improvement strategies in schools or local school districts.

(6)

Training State educational agency staff, local educational agencies, administrators, and schools in making data-driven decisions.

(7)

Developing State educational agency or local educational agency capacity to provide technical assistance to schools in need of improvement.

(d)

Application

To be eligible to receive a grant under this subsection, a State educational agency or local educational agency shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including, at a minimum—

(1)

a description of the privacy protections that the State educational agency or local educational agency has implemented or will implement pursuant to section 1120C of the Elementary and Secondary Education Act of 1965, and assurances that the protections will be in place when the grant funds are made available to the State educational agency or local educational agency, if applying for grant funding to create, maintain, or improve a State or local education database;

(2)

a description of the school improvement techniques the State educational agency or local educational agency will implement, and a description of how the techniques will meet the needs of the schools or local educational agencies in the State that are identified for school improvement, corrective action, or restructuring under section 1116 of the Elementary and Secondary Act of 1965 (20 U.S.C. 6316), if applying for grant funding to develop capacity to provide school improvement technical assistance;

(3)

a description of the multiple measures of student achievement that a State educational agency or local educational agency will include in its assessment systems, if applying for grant funding to develop assessment system capacity;

(4)

a description of the training programs that will be offered to staff of State educational agencies and local educational agencies to boost data-driven decisionmaking skills, if applying for grant funding to develop such training programs;

(5)

a method for establishing an application process whereby local educational agencies can apply to receive funds provided under this section from the State educational agency;

(6)

a description of how the State educational agency plans to assess the effectiveness of the State educational agency's capacity building efforts under this section; and

(7)

a description of how the State educational agency plans to account for funds expended under this section.

(e)

Duration

A grant under this section shall be awarded for not less than 2 fiscal years and not more than 5 fiscal years.

(f)

Priority

In awarding grants under this section, the Secretary shall give priority to State educational agencies and local educational agencies that demonstrate in the application submitted under subsection (c) the greatest need for the grant and the greatest potential benefit from receipt of the grant.

(g)

Evaluation

(1)

State evaluations

Each State educational agency receiving a grant under this section shall submit a report at the end of the last year of the grant that provides a detailed analysis of how the grant funds were used and the effectiveness of the grant funds in improving State educational agency and local educational agency capacity to meet the requirements under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.).

(2)

Federal evaluation

Not later than 5 years after the date of enactment of this Act, the Secretary shall—

(A)

develop and execute a plan for evaluating the State educational agency and local educational agency’s capacity-building programs funded under this section;

(B)

submit a detailed report to Congress on the use of the funds provided under this section in improving State and local education capacity; and

(C)

provide to Congress any recommendations for improvements that can be made to the grant program funded under this section.

(h)

Authorized amounts

There are authorized to be appropriated to carry out this section $100,000,000 for each of fiscal years 2008 through 2012.

12.

International Trade Administration offset

Not later than 1 year after the date of enactment of this Act, the International Trade Administration of the Department of Commerce shall develop and implement a fee schedule to generate collections from the beneficiaries of the trade promotion activities of the International Trade Administration to ensure that there will be no Federal spending on trade promotion activities at the International Trade Administration 1 year after such date.