< Back to H.R. 3130 (111th Congress, 2009–2010)

Text of the Time for Innovation Matters in Education Act of 2009

This bill was introduced on July 8, 2009, in a previous session of Congress, but was not enacted. The text of the bill below is as of Jul 8, 2009 (Introduced).

Source: GPO

I

111th CONGRESS

1st Session

H. R. 3130

IN THE HOUSE OF REPRESENTATIVES

July 8, 2009

(for himself and Mr. George Miller of California) introduced the following bill; which was referred to the Committee on Education and Labor

A BILL

To establish expanded learning time initiatives, and for other purposes.

1.

Short title

This Act may be cited as the Time for Innovation Matters in Education Act of 2009.

2.

Purposes

The purposes of this Act are—

(1)

to increase opportunities for students in high-need schools to participate in expanded learning time initiatives with expanded school days, expanded school weeks, or expanded school years, in order to increase student academic achievement and student engagement and success in schools by providing—

(A)

students with more in-depth and rigorous learning opportunities in reading or language arts, mathematics, science, history and civics, and other core academic subjects;

(B)

students with more time for additional subjects and enrichment activities that contribute to a well-rounded education, which may include music and the arts, physical education, service-learning, and experiential and work-based learning opportunities (such as community service, learning apprenticeships, internships, and job shadowing); and

(C)

teachers with increased opportunities to work collaboratively, and to participate in professional planning, within and across grades and subjects to improve instruction;

(2)

to improve teaching and learning by using expanded learning, including school redesign, to—

(A)

create a seamless program or curriculum with regular and expanded teaching and learning opportunities within a school program that is comprehensively redesigned for students and teachers; and

(B)

improve access to instructional supports for academically struggling students;

(3)

to encourage States, local educational agencies, and schools to develop high-quality, innovative, replicable, and sustainable initiatives to expand learning time, including using school redesign; and

(4)

to create partnerships between schools and local educational agencies, and external organizations such as community-based organizations, institutions of higher education, community learning centers, cultural organizations, and health and mental health agencies to provide expanded learning opportunities for students.

3.

Definitions and references

(a)

Definitions

In this Act:

(1)

Community learning center

The term community learning center means a community learning center, as defined in section 4201(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7171(b)), that receives assistance under part B of title IV of that Act.

(2)

Elementary and secondary education terms

The terms community-based organization, core academic subjects, elementary school, highly qualified, institution of higher education, local educational agency, other staff, parent, professional development, secondary school, Secretary, State, and State educational agency have the meanings given the terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).

(3)

Eligible entity

The term eligible entity means—

(A)

1 or more local educational agencies; or

(B)

a partnership that includes 1 or more local educational agencies and 1 or more of the following:

(i)

A nonprofit community-based organization, such as an organization with demonstrated experience in expanding learning opportunities and helping schools redesign their educational programs to better meet student needs, or an organization focused on alternative learning or dropout prevention.

(ii)

An institution of higher education.

(iii)

A community learning center or entity carrying out an after-school program.

(iv)

Any other public or nonprofit entity.

(4)

Expanded learning time initiative

The term expanded learning time initiative means a program that—

(A)

uses an expanded school day, expanded school week, or expanded school year schedule, that increases the total number of school hours for the school year at a school by not less than 300 hours—

(i)

compared to the school year that is standard for the local educational agency serving the school, for schools of the comparable level (elementary school, middle school, or high school, as defined under applicable State law); or

(ii)

in the case of a charter school that is its own local educational agency, compared to the school year that is standard for local educational agencies in the surrounding area, for schools of the comparable level;

(B)

uses the expanded learning time involved to redesign the school's program in a manner that includes additional time—

(i)

for academic work, and to support innovation in teaching, to improve the proficiency of participating students, particularly struggling students, in reading or language arts, mathematics, science, history and civics, and other core academic subjects;

(ii)

to advance student learning for all students, including those who already meet or exceed student academic achievement standards, as measured by State academic assessments required under section 1111(b)(3) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(3));

(iii)

for additional subjects and enrichment activities that contribute to a well-rounded education, which may include music and the arts, physical education, service-learning, and experiential and work-based learning opportunities (such as community service, learning apprenticeships, internships, and job shadowing); and

(iv)

for teachers for collaboration, and professional planning, within and across grades and subjects; and

(C)
(i)

in the case of a school that is not a high school, will expand learning time for all students in all grade levels in the school; or

(ii)

in the case of a high school, will expand learning time for not less than 1 entire grade level of students in the school, and if the school expands learning time for additional students under this Act, will expand learning time for additional entire grade levels.

(5)

Expanded learning time school

The term expanded learning time school means a school that has implemented an expanded learning time initiative using funds received under this Act.

(6)

Graduation rate

The term graduation rate means a graduation rate as defined in section 1111(b)(2)(C)(vi) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(C)(vi)) and clarified by section 200.19(b) of title 34, Code of Federal Regulations, or any corresponding similar regulation or ruling.

(7)

High-need school

(A)

In general

The term high-need school means—

(i)

a public elementary school or secondary school at which 50 percent or more of the students are eligible to be counted under 1 of the measures of poverty described in section 1113(a)(5) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6313(a)(5)); or

(ii)

a school for which an eligible entity has obtained approval under subparagraph (B).

(B)

Special rule for secondary schools

An eligible entity seeking a grant from the Secretary or a subgrant from a State educational agency under this Act may apply to the Secretary or State educational agency, respectively, for approval to treat a public secondary school as a high-need school under this Act. The application shall include information, supplied by the secondary school, explaining why the school should be treated as a high-need school. Such information shall include information on the number and percentage of students attending such school who are low-income students, the graduation rate for such school, and information about the student academic achievement of students at such school.

(8)

High school

The term high school means a public high school, as defined under applicable State law.

(9)

Low-income student

The term low-income student means a student who is eligible to be counted under 1 of the measures of poverty described in section 1113(a)(5) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6313(a)(5)).

(10)

School redesign

The term redesign, used with respect to a school or school program, means a process to significantly reconfigure a school’s or program's schedule in a manner that more effectively utilizes students’ and teachers’ time, including providing additional time—

(A)

for academic work and to support innovation in the teaching of core academic subjects;

(B)

for teachers to collaborate and conduct professional planning; and

(C)

for innovative approaches to providing academic, experiential, and work-based learning opportunities.

(b)

References

In this Act—

(1)

a reference to a school day, school week, or school year includes a reference to a combination thereof; and

(2)

a reference to a school day, school week, or school year program (or schedule) includes a reference to a combination thereof.

4.

Program authorized

(a)

Grants to state educational agencies

From the amount appropriated under section 11, the Secretary is authorized to award grants on a competitive basis under section 5 to State educational agencies having applications approved pursuant to section 5(c) to enable such agencies to award subgrants on a competitive basis to eligible entities as described in sections 6 and 7.

(b)

Reservation

From the amount made available under this Act for each fiscal year, the Secretary may reserve—

(1)

3 percent of the amount to carry out the activities described in section 9; and

(2)

from the remainder—

(A)

not more than 10 percent of the remainder to award grants under section 8; and

(B)

not more than $1,000,000 to carry out the review of applications for, selection of recipients of, and distribution of, grants to State educational agencies and eligible entities under sections 5 and 8.

5.

Grants to state educational agencies

(a)

Grants

(1)

In general

The Secretary is authorized to award grants to State educational agencies on a competitive basis to assist the agencies in developing State expanded learning time grant programs in accordance with this Act, which shall involve awarding subgrants on a competitive basis to eligible entities in accordance with this Act, to plan and implement expanded learning time initiatives in high-need schools.

(2)

Distribution

The Secretary shall ensure that grants awarded under this section and section 8 are distributed to State educational agencies and eligible entities from diverse geographical regions.

(b)

Duration

The Secretary shall award each grant described in subsection (a) for a period of 6 years, and may renew each grant for additional periods of not more than 6 years.

(c)

Applications

A State educational agency that desires to receive a grant under this section shall submit an application to the Secretary at such time and in such manner as the Secretary may require, containing—

(1)

a description of how the State educational agency will use grant funds under this section;

(2)

a description of the peer review process and selection criteria the State educational agency will use to evaluate applications from, and select, eligible entities to receive expanded learning time planning and implementation subgrants, which shall include a description of how the State educational agency will assess the capacity of eligible entities to plan and implement high-quality expanded learning time initiatives and a description of how the State educational agency will prioritize applications from eligible entities that meet the requirements of section 6(f);

(3)

a description of the process the State educational agency will use to encourage local educational agencies and schools, especially local educational agencies and schools with high percentages of low-income students, to implement expanded learning time initiatives;

(4)

a description of how the State educational agency will provide or has provided technical assistance and support to eligible entities, local educational agencies, and schools receiving funds through the State educational agency under this Act, in implementing expanded learning time initiatives, including—

(A)

assisting the local educational agencies in identifying potential partners that are external organizations with demonstrated experience in expanding learning opportunities and helping schools redesign their educational programs to better meet student needs; and

(B)

assisting the eligible entities, local educational agencies, and schools in collecting, reviewing, and analyzing data on student academic achievement;

(5)

a description of how the State educational agency will use the expanded learning time grant program involved, and lessons learned from such program, to improve student academic achievement in schools that have not made adequate yearly progress under section 1111(b)(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)) for 2 or more years, and improve such schools;

(6)

a description of how the State educational agency will evaluate, on a regular basis, activities carried out by eligible entities receiving funds through the State educational agency under this Act;

(7)

a description of how the State educational agency will collect, analyze, and disseminate, to local educational agencies and other schools within the State, information on best practices learned from schools receiving funding under this Act, including best practices for improving student academic achievement in schools that have not made adequate yearly progress under section 1111(b)(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)) for 2 or more years, and improve such schools;

(8)

an assurance that the State educational agency, and any eligible entity receiving funds through the State educational agency under this Act will, if requested, participate in the evaluation under section 9(b)(3);

(9)

information identifying the per-pupil funding amount range the State shall use in establishing the correct amount of subgrants under section 7 to local educational agencies; and

(10)

any other information that the Secretary may reasonably require.

(d)

Authorized activities

(1)

Distribution

A State educational agency that receives a grant under this section—

(A)

may reserve not more than 10 percent of the grant funds to carry out the activities described in paragraphs (2) through (4); and

(B)

shall use an amount consisting of not less than 90 percent of the grant funds to award subgrants, on a competitive basis, to eligible entities under section 6 or 7 to enable the eligible entities to carry out the authorized activities described in section 6(e) or 7(f), except that not more than 10 percent of that amount shall be used for subgrants under section 6.

(2)

State-level planning and administration

A State educational agency that receives a grant under this section may use grant funds reserved under paragraph (1)(A) for planning and administration, including—

(A)

evaluating applications from eligible entities;

(B)

administering the distribution of subgrants to eligible entities; and

(C)

assessing and evaluating, on a regular basis, activities carried out by eligible entities receiving funds through the State educational agency under this Act.

(3)

Technical assistance for eligible entities

A State educational agency that receives a grant under this section may use grant funds reserved under paragraph (1)(A) for technical assistance, including—

(A)

assisting eligible entities in planning and implementing expanded learning time initiatives, including assisting local educational agencies in identifying potential partners that are external organizations with demonstrated experience in expanding learning opportunities and helping schools redesign their educational programs to better meet student needs;

(B)

implementing a program of professional development for teachers and administrators, in schools that receive funding under this Act, that prepares teachers and administrators to implement the authorized activities described in section 7(f); and

(C)

identifying best practices for using expanded learning time to improve student academic achievement in schools that have not made adequate yearly progress under section 1111(b)(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)) for 2 or more years, and providing technical assistance to local educational agencies in using such best practices to implement expanded learning time in such schools.

(4)

Evaluation and reporting

A State educational agency that receives a grant under this section shall annually prepare and submit to the Secretary a report that contains all reports submitted by eligible entities under section 7(g), and an evaluation of progress made by eligible entities in improving—

(A)

student academic achievement as measured by State academic assessments required under section 1111(b)(3) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(3));

(B)

for high schools, graduation rates; and

(C)

performance on a set of comprehensive school performance indicators that may include—

(i)

student attendance;

(ii)

as appropriate, rate of earned on-time promotion from grade to grade;

(iii)

percentage of students failing a credit-bearing mathematics, reading or language arts, or science course, or failing 2 or more courses in any subjects; and

(iv)

for high schools—

(I)

percentage of students taking a college preparatory curriculum; or

(II)

student rates of college enrollment, persistence, and attainment of an associate or baccalaureate degree.

(e)

Match

(1)

In general

Each State educational agency that receives a grant under this section shall provide matching funds to carry out the activities supported by the grant in an amount not less than—

(A)

for the first year of an initial grant under this section, 10 percent of the cost of the activities;

(B)

for the second year of such a grant, 20 percent of the cost of the activities;

(C)

for the third or fourth year of such a grant, 25 percent of the cost of the activities; and

(D)

for the fifth year of such a grant or any year of a subsequent grant under this section, 30 percent of the cost of the activities.

(2)

Matching funds

The State educational agency may provide the matching funds in cash or in kind, fairly evaluated, including plant, equipment, or services, but may not provide more than 50 percent of the matching funds in kind. The State educational agency may provide the matching funds from State, local, or private sources.

(f)

Supplement not supplant

Funds used to make grants under this Act shall be used to supplement and not supplant other Federal, State, and local public funds expended to plan or implement expanded learning time initiatives.

6.

Expanded learning time planning subgrants

(a)

Subgrants authorized

A State educational agency receiving a grant under section 5 is authorized to award expanded learning time planning subgrants, on a competitive basis, to eligible entities.

(b)

Duration

The State educational agency shall award each subgrant described in subsection (a) for a period of not more than 1 year. Such grants shall be nonrenewable.

(c)

Subgrant amount

The State educational agency shall award each subgrant described in subsection (a) in an amount that is not less than $15,000 and not more than $60,000.

(d)

Applications

An eligible entity that desires to receive an expanded learning time planning subgrant pursuant to this section shall submit an application to the State educational agency at such time and in such manner as the agency may require, containing—

(1)

a description of the eligible entity's proposal to establish expanded learning time initiatives, including school redesign, at high-need schools served by the eligible entity;

(2)

information identifying the number of high-need schools the eligible entity proposes to serve using funds made available under this Act, and a description of the process, considerations, and criteria the eligible entity will use to select schools to implement the expanded learning time initiatives—

(A)

which considerations shall include the percentage of low-income students attending each school; and

(B)

which criteria shall include the local educational agency's determination of the capacity of each school to implement successfully a proposed expanded learning time initiative;

(3)

a description of the process by which the eligible entity will ensure the meaningful involvement of teachers, teacher organizations, parents, and community-based organizations in the development of the expanded learning time initiatives;

(4)

a description of how the local educational agency involved and participating high-need schools will work with external organizations that comprise the eligible entity involved, and any other external organizations as applicable, such as a community-based organization, an institution of higher education, a community learning center, an entity carrying out an after-school program, or an organization that will provide students with internships and work-based learning opportunities, to develop and implement expanded learning time initiatives;

(5)

an assurance that the eligible entity has the infrastructure in place to collect the data necessary for an evaluation of the impact of the expanded learning time initiatives on student academic achievement, graduation rates, and indicators described in section 5(d)(4), to be submitted in the report described in section 7(g); and

(6)

an assurance that each participating local educational agency will use the subgrant period to negotiate and reach an agreement with the recognized representatives of the employees of each participating high-need school served by the agency or, where there is no such representative, with the employees of each participating high-need school served by the agency.

(e)

Authorized activities

An eligible entity receiving a subgrant under this section shall use the subgrant funds to develop a detailed plan to implement expanded learning time initiatives at high-need schools served by the eligible entities as specified in this section.

(f)

Priority

In awarding subgrants under this section, a State educational agency shall give priority to an application from an eligible entity if—

(1)

for each local educational agency in the eligible entity, a high percentage of the students served by the local educational agency are eligible to be counted under section 1124(c)(1)(A) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6333(c)(1)(A)); and

(2)

the eligible entity includes a nonprofit community-based organization, such as an organization with demonstrated experience in expanding learning opportunities and helping schools redesign their educational programs to better meet student needs, or an organization focused on alternative learning or dropout prevention.

7.

Expanded learning time implementation subgrants

(a)

Subgrants authorized

A State educational agency receiving a grant under section 5 is authorized to award expanded learning time implementation subgrants, on a competitive basis, to eligible entities that have received subgrants pursuant to section 6.

(b)

Duration

The State educational agency shall award each subgrant described in subsection (a) for a period of not less than 5 years, and may renew each subgrant for additional periods of not more than 5 years.

(c)

Subgrant amount

In awarding a subgrant described in subsection (a) to an eligible entity, a State educational agency shall determine the amount of the subgrant by taking into account the number of students expected to participate in the expanded learning time initiatives involved, as specified in the application submitted by the eligible entity under subsection (d), and the approximate per student cost of implementing a high-quality expanded learning time initiative.

(d)

Applications

An eligible entity that desires to receive an expanded learning time implementation subgrant pursuant to this section shall submit an application to the State educational agency at such time and in such manner as the agency may require, containing—

(1)

an identification and description of each high-need school (selected in accordance with the process, considerations, and criteria described in section 6(d)(2)) that will receive funding from the eligible entity to participate in an expanded learning time initiative, including information identifying the grade levels at the school for which the expanded learning time initiative will be implemented (which shall be the grade levels described in paragraph (1) or (2), as appropriate, of subsection (g)), the number of students that will be served through the initiative at the school, and student academic achievement, demographic, and socioeconomic data for students at the school;

(2)

a description of how the eligible entity will implement at each such school an expanded learning time initiative that involves an expanded school day, expanded school week, or expanded school year schedule, and school redesign at each such school consistent with section 3(a)(4), which description shall include—

(A)

a description of how the expanded learning time schedule will expand learning time by not less than 300 hours, consistent with section 3(a)(4); and

(B)

a description of how the eligible entity will meet each of the other requirements of the definition in section 3(a)(4);

(3)

a description of the plan the eligible entity will use to evaluate, on an annual basis, the impact of each expanded learning time initiative on measures of student academic achievement and student engagement and success, and other appropriate measures;

(4)

a description of the additional subjects and enrichment activities that will be offered at each such school that contribute to a well-rounded education;

(5)

a comprehensive plan, developed in collaboration with teachers and, as appropriate, other staff, for professional development at each such school that includes a description of intended changes in teaching practices and curriculum delivery that will result in improved student academic achievement and student engagement and success;

(6)

a description of how the eligible entity will use the expanded learning time initiatives, and lessons learned from such initiatives, to improve student academic achievement in schools that have not made adequate yearly progress under section 1111(b)(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)) for 2 or more consecutive years;

(7)

evidence of an agreement reached between each participating local educational agency and the exclusive recognized representative of the employees of each participating high-need school served by the agency, for employees to work the expanded learning time schedules involved or, where there is no such representative, evidence of an agreement supported (by at least two-thirds) of the employees of each participating high-need school served by the agency, to work the expanded learning time schedules involved;

(8)

a description of how the local educational agency involved and participating high-need schools will work with external organizations that comprise the eligible entity involved, and any other external organizations as applicable, such as a community-based organization, an institution of higher education, a community learning center, an entity carrying out an after-school program, or an organization that will provide students with internships and work-based learning opportunities, to implement expanded learning time initiatives, including a description of the specific roles and responsibilities of such external organizations;

(9)

a description of the process by which the eligible entity ensured the meaningful involvement of teachers, teacher organizations where applicable, administrators, parents, and community-based organizations in the development (including the design) of the expanded learning time initiatives;

(10)

an assurance that the eligible entity will work with a community learning center, or an entity carrying out an after-school program, where appropriate, to provide after-school programs for students participating in the expanded learning time initiatives after the conclusion of the school day; and

(11)

an assurance that the eligible entity will report to the State educational agency all data necessary for the State educational agency's report, under section 5(d)(4).

(e)

Priority

In awarding subgrants under this section, a State educational agency shall give priority to an application from an eligible entity that meets the criteria described in section 6(f).

(f)

Authorized activities

An eligible entity receiving a subgrant under this section shall use the subgrant funds to implement high-quality expanded learning time initiatives, at high-need schools served by such eligible entity, that are consistent with section 3(a)(4).

(g)

Reports by eligible entities

Each eligible entity receiving a subgrant under this section for expanded learning time initiatives shall, not later than 1 year after the first day of the first school year in which the expanded learning time initiatives were implemented, prepare and submit to the State educational agency a report—

(1)

containing a detailed description of the expanded learning time initiatives carried out;

(2)

regarding the technical assistance the eligible entity provided to expanded learning time schools;

(3)

for each expanded learning time school—

(A)

regarding the budget for, and actual expenses associated with carrying out, the expanded learning time initiatives in the first school year; and

(B)

regarding the amount of time by which the school day, school week, or school year, was expanded in the school; and

(4)

containing information on the impact of the expanded learning time initiatives, including data on student academic achievement as measured by State academic assessments required under section 1111(b)(3) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(3)), graduation rates, and indicators described in section 5(d)(4).

(h)

Publication and availability of report summaries

The Secretary shall publish and make widely available to the public, including through a website or other means, a summary of the eligible entity reports received under section 5(d)(4) and subsection (g).

8.

Grants to eligible entities

(a)

In general

The Secretary may award a grant under this section to an eligible entity that serves 1 or more areas within 1 or more States.

(b)

Planning and implementation grants

The Secretary may award a planning grant under subsection (a), to the eligible entity, to carry out the activities described in section 6(e). In the case of an eligible entity that has received a planning grant under subsection (a), the Secretary may award an implementation grant under subsection (a) to the eligible entity, to carry out the activities described in section 7(f).

(c)

Applications

To be qualified to receive a grant under subsection (a), an eligible entity shall submit to the Secretary an application that contains (for a planning grant) information describing how the entity will undertake the activities described in section 5(c)(7) and the information described in section 6(d) and (for an implementation grant) the information described in section 7(d), other than paragraph (11) of that section. In determining whether to award a grant under subsection (a) to an eligible entity, the Secretary shall give priority to an eligible entity that meets the criteria described in section 6(f).

(d)

Period; amount

The subgrant period and amount described in subsections (b) and (c) of section 6 or 7, as appropriate, shall apply to the grant.

(e)

Authorities; responsibilities

The eligible entity shall have the same authorities and responsibilities under this Act as an eligible entity that receives a subgrant under section 6 or 7, as appropriate. In carrying out the report responsibilities described in section 7(g), the eligible entity shall submit the reports to the Secretary.

(f)

Match

(1)

In general

Each eligible entity that receives an implementation grant under this section shall comply with the matching requirements described in section 5(e)(1), except that references in that section to a grant under section 5 shall be considered to be references to an implementation grant under this section.

(2)

Matching funds

The eligible entity may provide the matching funds in cash or in kind, fairly evaluated, including plant, equipment, or services, but may not provide more than 50 percent of the matching funds in kind. The eligible entity may provide the matching funds from State, local, or private sources, or Federal sources under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.).

9.

National activities

(a)

Technical assistance and support

(1)

In general

The Secretary is authorized to provide, directly or by entering into a contract with an independent organization, technical assistance to State educational agencies, eligible entities, including eligible entities receiving grants under section 8, local educational agencies, and schools in developing and implementing expanded learning time initiatives under this Act.

(2)

Provision of assistance

The Secretary or such organization shall provide technical assistance that shall include—

(A)

assisting State educational agencies (and eligible entities receiving grants under section 8, at the election of the Secretary) with developing expanded learning time initiatives; and

(B)

identifying and disseminating information about eligible entities, local educational agencies, and schools that have effectively planned and implemented expanded learning time initiatives, including schools that have implemented such initiatives to improve student academic achievement in schools that previously had not made adequate yearly progress under section 1111(b)(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)) for 2 or more years.

(b)

Evaluation and dissemination

(1)

In general

The Secretary shall enter into a contract with an independent organization with expertise in school improvement, program evaluation, and measurement (such as an institution of higher education or other research organization) to assist with the provision of the technical assistance, and conduct the evaluation and analyses, described in this subsection.

(2)

Technical assistance on data collection and measures

(A)

In general

The independent organization shall provide technical assistance to State educational agencies and eligible entities receiving funds under this Act with data collection and analysis of the measures consisting of—

(i)

measures of student academic achievement and student engagement and success, including the indicators and other measures described in section 5(d)(4);

(ii)

measures of teacher collaboration and professional planning; and

(iii)

detailed measures of the amount of time devoted to core academic subjects and additional subjects and enrichment activities.

(B)

Special rule for eligible entities receiving grants under section 8

If an eligible entity receives a grant under section 8, the eligible entity shall establish measures in lieu of the measures described in subparagraph (A) to assess the success of the eligible entity and schools receiving funds through the eligible entity under this Act.

(3)

Report

(A)

In general

The independent organization shall prepare a report that shall include the evaluation described in subparagraph (B), including the analyses described in subparagraph (C), and the analyses described in subparagraph (D).

(B)

Evaluation

The independent organization shall conduct an evaluation of the impact and implementation of the program funded under this Act, which evaluation shall rely in part on the reports prepared by States under section 5(d)(4) and eligible entities pursuant to sections 7(g) (including reports described in section 8(e)).

(C)

Contents

In conducting the evaluation, the independent organization shall conduct an analysis of the impact of the expanded learning time initiatives funded under this Act, by analyzing data on the measures described in paragraph (2) and other appropriate measures for students participating in expanded learning time initiatives in all expanded learning time schools, with results from that analysis disaggregated by expanded school day, expanded school week, or expanded school year program, as appropriate.

(D)

Analyses

The independent organization shall conduct—

(i)

a comparative analysis of how variation in school design, instructional practices, and other conditions influence the success of the implementation of the expanded learning time initiatives;

(ii)

a comparative analysis of the conditions and activities that impact the planning and implementation of the expanded learning time initiatives, including teaching and leadership practices at a school, student and teacher schedules, the additional costs of operating an expanded learning time school, how the additional school hours required for the initiative involved are used to enhance teaching and learning, and how external organizations are utilized for the initiative;

(iii)

an analysis of the similarities and differences in the ways in which schools implemented an expanded school day, expanded school week, or expanded school year schedule; and

(iv)

any other analysis requested by the Secretary.

(4)

Dissemination

The independent organization shall submit the report described in paragraph (3) to Congress and the Secretary, and disseminate the report to the general public. The Secretary shall ensure that the report described in paragraph (3) is provided to eligible entities and local educational agencies on a periodic basis for use in improving initiatives.

10.

Construction

Nothing in this Act shall be construed to alter or otherwise affect the rights, remedies, and procedures afforded to the employees of local educational agencies under Federal, State, or local law (including applicable regulations or court orders) or under the terms of collective bargaining agreements, memoranda of understanding, or other agreements between such employees and their employers.

11.

Authorization of appropriations

There are authorized to be appropriated to carry out this Act $350,000,000 for fiscal year 2010, $380,000,000 for fiscal year 2011, $420,000,000 for fiscal year 2012, $460,000,000 for fiscal year 2013, and $500,000,000 for fiscal year 2014.