S667-118

1. Short title This Act may be cited as the Transformational Reforms and Updates to Ensure Educational Quality and Urgent Investments in Today's Youth Act of 2023 or the TRUE EQUITY Act.

2. Findings Congress finds the following: The fate of our Nation and the opportunities it creates for our children and grandchildren to enjoy successful careers and rewarding lives depends on the quality, equal access, and effectiveness of pre-kindergarten through twelfth grade education in every local school district across the country. Our education systems must prepare students to compete in an interconnected, global economy. Despite the current combinations of Federal, State, and local funding and innovative educational policies, States with historically well regarded kindergarten through grade 12 education systems may find their students falling behind their peers nationally and internationally. In Maryland, a State with a historically well regarded kindergarten through grade 12 education system, fourth and eighth graders placed in the middle of the pack nationally in reading and math scores on the National Assessment of Education Progress. The United States as a whole scored well down the second quartile among students from 72 countries on the Programme for International Student Assessment. Even in States with reading and math scores higher than the national average, there may be significant and persistent racial, ethnic, and income disparity gaps between students of color and low-income students compared to their higher income and white peers. These same disparities carry into college enrollment, with fewer students of color and low-income students enrolling in college than their higher income and white peers. The novel coronavirus (COVID–19) health pandemic forced the physical closure of schools nationwide in March 2020, moving students from the classroom to online learning. The public health necessity to turn to online learning further exacerbated the significant and persistent racial, ethnic, and income disparity learning gaps as students struggled to access educational technology devices and the internet. At the start of online learning, Maryland school districts reported that on average, nearly 25 percent of Maryland students had not logged into their new online classrooms or picked up paper work packets, falling out of sight and behind their peers. Millions of children fell further behind as a result of opportunity gaps that fail to provide students with ready access to individualized instruction, healthy meals, mental health counseling services, and hands on career training programs. As school systems have returned full time to the in-person learning environment, assessments to determine the effect of COVID–19 have shown that achievement and opportunity gaps have only widened between students of color and low-income students and their higher income and white peers. In order to address these inequities in education and harm caused by COVID–19, certain States, including Maryland, have researched and enacted bold, transformative Federal, State, and local funding and policy changes to their pre-kindergarten through twelfth grade education systems, with five main policy areas under the 2021 authorized Blueprint for Maryland’s Future, which includes the following focus areas: Investing in high-quality early childhood education and care through a significant expansion of full day pre-school, to be free for all low-income three- and four-year-olds, so that all children have the opportunity to begin kindergarten ready to learn. Investing in teachers and school leaders by elevating the standards and status of the teaching profession, including a performance-based career ladder and salaries comparable to other fields with similar education requirements. Creating a world-class instructional system with an internationally benchmarked curriculum that enables most students to achieve college and career ready status by 10th grade and then pursue pathways that include early college, Advanced Placement courses, or a rigorous technical education leading to industry-recognized credentials and high paying jobs. Providing supports to students that need it the most with broad and sustained support for schools serving high concentrations of poverty, with after school and summer academic programs and student access to needed health and social services. Ensuring excellence for all through an accountability-oversight board that has the authority to ensure transformative education system recommendations are successfully implemented and produce the desired improvements in student achievement.

3. Sense of Congress It is the sense of Congress that— no matter a child’s ZIP Code, they deserve equal access to a quality, public pre-kindergarten through twelfth grade education; no inequities in student achievement, college enrollment, or Federal, State, and local funding should be tolerated; the Federal Government should live up to its original commitment in 1975 under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.) to provide 40 percent of the cost to educate children with disabilities and assist State educational agencies and local educational agencies in providing a free appropriate public education; and the Federal Government should be an active partner with State educational agencies and local educational agencies that are willing to modify policies and commit additional State and local resources to address education inequities.

4. Definitions In this Act: The term local educational agency has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). The term Secretary means the Secretary of Education. The term State educational agency has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).

302. Jumpstart to college grant programs Part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) is amended by adding at the end the following: In this subpart: The term eligible entity means an institution of higher education in partnership with one or more local educational agencies (which may be an educational service agency). Such partnership may also include other entities such as nonprofit organizations or businesses, and schools in juvenile detention centers. The term institution of higher education has the meaning given the term in section 101. The terms dual or concurrent enrollment program, early college high school, educational service agency, four-year adjusted cohort graduation rate, local educational agency, secondary school, and State have meanings given the terms in section 8101 of the Elementary and Secondary Education Act of 1965. The term low-income student means a student counted under section 1124(c) of the Elementary and Secondary Education Act of 1965. The term recognized postsecondary credential has the meaning given the term in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102). To carry out this subpart, there are authorized to be appropriated $137,500,000 for fiscal year 2024 and each of the 9 succeeding fiscal years. The Secretary shall award a single grant to a State, on a competitive basis, to assist the State in supporting or establishing early college high schools or dual or concurrent enrollment programs. The grant under this section shall be awarded for a period of 2 years, and may be renewed by the Secretary for not more than 4 additional 2-year periods. The Secretary shall ensure that the amount of the grant under this section is sufficient to enable the grantee to carry out the activities described in subsection (f). For each year that a State receives a grant under this section, the State shall provide, from non-Federal sources, an amount equal to 50 percent of the amount of the grant received by the State for such year to carry out the activities supported by the grant. A State shall use a grant received under this section only to supplement funds that would, in the absence of such grant, be made available from other Federal, State, or local sources for activities supported by the grant, not to supplant such funds. A State shall use grant funds received under this section to— support the activities described in its application under subsection (g); plan and implement a statewide strategy for expanding access to early college high schools and dual or concurrent enrollment programs for students who are underrepresented in higher education to raise statewide rates of secondary school graduation, readiness for postsecondary education, and completion of recognized postsecondary credentials, with a focus on students academically at risk of not enrolling in or completing postsecondary education; identify any obstacles to such a strategy under State law or policy; provide technical assistance (either directly or through a knowledgeable intermediary) to early college high schools and other dual or concurrent enrollment programs, which may include— brokering relationships and agreements that forge a strong partnership between elementary and secondary and postsecondary partners; and offering statewide training, professional development, and peer learning opportunities for school leaders, instructors, and counselors or advisors; identify and implement policies that will improve the effectiveness and ensure the quality of early college high schools and dual or concurrent enrollment programs, such as eligibility and access, funding, data and quality assurance, governance, accountability, and alignment policies; update the State’s requirements for a student to receive a regular high school diploma to align with the challenging State academic standards and entrance requirements for credit-bearing coursework as described in subparagraphs (A) and (D) of section 1111(b)(1) of the Elementary and Secondary Education Act of 1965; incorporate indicators regarding student access to and completion of early college high schools and dual or concurrent enrollment programs into the school quality and student success indicators included in the State system of annual meaningful differentiation as described under section 1111(c)(4)(B)(v)(I) of the Elementary and Secondary Education Act of 1965; disseminate best practices for early college high schools and dual or concurrent enrollment programs, which may include best practices from programs in the State or other States; facilitate statewide secondary and postsecondary data collection, research and evaluation, and reporting to policymakers and other stakeholders; and conduct outreach programs to ensure that secondary school students, their families, and community members are aware of early college high schools and dual or concurrent enrollment programs in the State. A State may use grant funds received under this section to— establish a mechanism to offset the costs of tuition, fees, standardized testing and performance assessment costs, and support services for low-income students, and students from underrepresented populations enrolled in early college and high schools or dual or concurrent enrollment; establish formal transfer systems within and across State higher education systems, including two-year and four-year public and private institutions, to maximize the transferability of college courses; provide incentives to school districts that— assist high school teachers in getting the credentials needed to participate in early college high school programs and dual or concurrent enrollment; and encourage the use of college instructors to teach college courses in high schools; support initiatives to improve the quality of early college high school and dual or concurrent enrollment programs at participating institutions; and reimburse low-income students to cover part or all of the costs of an Advanced Placement or International Baccalaureate examination. To be eligible to receive a grant under this section, a State shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. The application under paragraph (1) shall include, at minimum, a description of— how the State will carry out the mandatory State activities described in subsection (f)(1); how the State will ensure that any programs funded with a grant under this section are coordinated with programs under— the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.); the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.); the Elementary and Secondary Education Act of 1965; and the Individuals with Disabilities Education Act; how the State intends to use grant funds to address achievement gaps for each category of students described in section 1111(b)(2)(B)(xi) of the Elementary and Secondary Education Act of 1965; how the State will access and leverage additional resources necessary to sustain early college high schools or other dual or concurrent enrollment programs; how the State will identify and eliminate barriers to implementing effective early college high schools and dual or concurrent enrollment programs after the grant expires, including by engaging businesses and nonprofit organizations; and such other information as the Secretary determines to be appropriate. 11Jumpstart to College 420T.DefinitionsIn this subpart: (1)Eligible entityThe term eligible entity means an institution of higher education in partnership with one or more local educational agencies (which may be an educational service agency). Such partnership may also include other entities such as nonprofit organizations or businesses, and schools in juvenile detention centers. (2)Institution of higher educationThe term institution of higher education has the meaning given the term in section 101. (3)ESEA termsThe terms dual or concurrent enrollment program, early college high school, educational service agency, four-year adjusted cohort graduation rate, local educational agency, secondary school, and State have meanings given the terms in section 8101 of the Elementary and Secondary Education Act of 1965. (4)Low-income studentThe term low-income student means a student counted under section 1124(c) of the Elementary and Secondary Education Act of 1965. (5)Recognized postsecondary credentialThe term recognized postsecondary credential has the meaning given the term in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102). 420U.Authorization of appropriationsTo carry out this subpart, there are authorized to be appropriated $137,500,000 for fiscal year 2024 and each of the 9 succeeding fiscal years. 420V.Grants to States (a)In generalThe Secretary shall award a single grant to a State, on a competitive basis, to assist the State in supporting or establishing early college high schools or dual or concurrent enrollment programs. (b)DurationThe grant under this section shall be awarded for a period of 2 years, and may be renewed by the Secretary for not more than 4 additional 2-year periods. (c)Grant amountThe Secretary shall ensure that the amount of the grant under this section is sufficient to enable the grantee to carry out the activities described in subsection (f). (d)Matching requirementFor each year that a State receives a grant under this section, the State shall provide, from non-Federal sources, an amount equal to 50 percent of the amount of the grant received by the State for such year to carry out the activities supported by the grant. (e)Supplement, not supplantA State shall use a grant received under this section only to supplement funds that would, in the absence of such grant, be made available from other Federal, State, or local sources for activities supported by the grant, not to supplant such funds. (f)Uses of funds (1)Mandatory activitiesA State shall use grant funds received under this section to— (A)support the activities described in its application under subsection (g); (B)plan and implement a statewide strategy for expanding access to early college high schools and dual or concurrent enrollment programs for students who are underrepresented in higher education to raise statewide rates of secondary school graduation, readiness for postsecondary education, and completion of recognized postsecondary credentials, with a focus on students academically at risk of not enrolling in or completing postsecondary education; (C)identify any obstacles to such a strategy under State law or policy; (D)provide technical assistance (either directly or through a knowledgeable intermediary) to early college high schools and other dual or concurrent enrollment programs, which may include— (i)brokering relationships and agreements that forge a strong partnership between elementary and secondary and postsecondary partners; and (ii)offering statewide training, professional development, and peer learning opportunities for school leaders, instructors, and counselors or advisors; (E)identify and implement policies that will improve the effectiveness and ensure the quality of early college high schools and dual or concurrent enrollment programs, such as eligibility and access, funding, data and quality assurance, governance, accountability, and alignment policies; (F)update the State’s requirements for a student to receive a regular high school diploma to align with the challenging State academic standards and entrance requirements for credit-bearing coursework as described in subparagraphs (A) and (D) of section 1111(b)(1) of the Elementary and Secondary Education Act of 1965; (G)incorporate indicators regarding student access to and completion of early college high schools and dual or concurrent enrollment programs into the school quality and student success indicators included in the State system of annual meaningful differentiation as described under section 1111(c)(4)(B)(v)(I) of the Elementary and Secondary Education Act of 1965; (H)disseminate best practices for early college high schools and dual or concurrent enrollment programs, which may include best practices from programs in the State or other States; (I)facilitate statewide secondary and postsecondary data collection, research and evaluation, and reporting to policymakers and other stakeholders; and (J)conduct outreach programs to ensure that secondary school students, their families, and community members are aware of early college high schools and dual or concurrent enrollment programs in the State. (2)Allowable activitiesA State may use grant funds received under this section to— (A)establish a mechanism to offset the costs of tuition, fees, standardized testing and performance assessment costs, and support services for low-income students, and students from underrepresented populations enrolled in early college and high schools or dual or concurrent enrollment; (B)establish formal transfer systems within and across State higher education systems, including two-year and four-year public and private institutions, to maximize the transferability of college courses; (C)provide incentives to school districts that— (i)assist high school teachers in getting the credentials needed to participate in early college high school programs and dual or concurrent enrollment; and (ii)encourage the use of college instructors to teach college courses in high schools; (D)support initiatives to improve the quality of early college high school and dual or concurrent enrollment programs at participating institutions; and (E)reimburse low-income students to cover part or all of the costs of an Advanced Placement or International Baccalaureate examination. (g)State Applications (1)ApplicationTo be eligible to receive a grant under this section, a State shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (2)Contents of applicationThe application under paragraph (1) shall include, at minimum, a description of— (A)how the State will carry out the mandatory State activities described in subsection (f)(1); (B)how the State will ensure that any programs funded with a grant under this section are coordinated with programs under— (i)the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.); (ii)the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.); (iii)the Elementary and Secondary Education Act of 1965; and (iv)the Individuals with Disabilities Education Act; (C)how the State intends to use grant funds to address achievement gaps for each category of students described in section 1111(b)(2)(B)(xi) of the Elementary and Secondary Education Act of 1965; (D)how the State will access and leverage additional resources necessary to sustain early college high schools or other dual or concurrent enrollment programs; (E)how the State will identify and eliminate barriers to implementing effective early college high schools and dual or concurrent enrollment programs after the grant expires, including by engaging businesses and nonprofit organizations; and (F)such other information as the Secretary determines to be appropriate..

420T. Definitions In this subpart: The term eligible entity means an institution of higher education in partnership with one or more local educational agencies (which may be an educational service agency). Such partnership may also include other entities such as nonprofit organizations or businesses, and schools in juvenile detention centers. The term institution of higher education has the meaning given the term in section 101. The terms dual or concurrent enrollment program, early college high school, educational service agency, four-year adjusted cohort graduation rate, local educational agency, secondary school, and State have meanings given the terms in section 8101 of the Elementary and Secondary Education Act of 1965. The term low-income student means a student counted under section 1124(c) of the Elementary and Secondary Education Act of 1965. The term recognized postsecondary credential has the meaning given the term in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).

420V. Grants to States The Secretary shall award a single grant to a State, on a competitive basis, to assist the State in supporting or establishing early college high schools or dual or concurrent enrollment programs. The grant under this section shall be awarded for a period of 2 years, and may be renewed by the Secretary for not more than 4 additional 2-year periods. The Secretary shall ensure that the amount of the grant under this section is sufficient to enable the grantee to carry out the activities described in subsection (f). For each year that a State receives a grant under this section, the State shall provide, from non-Federal sources, an amount equal to 50 percent of the amount of the grant received by the State for such year to carry out the activities supported by the grant. A State shall use a grant received under this section only to supplement funds that would, in the absence of such grant, be made available from other Federal, State, or local sources for activities supported by the grant, not to supplant such funds. A State shall use grant funds received under this section to— support the activities described in its application under subsection (g); plan and implement a statewide strategy for expanding access to early college high schools and dual or concurrent enrollment programs for students who are underrepresented in higher education to raise statewide rates of secondary school graduation, readiness for postsecondary education, and completion of recognized postsecondary credentials, with a focus on students academically at risk of not enrolling in or completing postsecondary education; identify any obstacles to such a strategy under State law or policy; provide technical assistance (either directly or through a knowledgeable intermediary) to early college high schools and other dual or concurrent enrollment programs, which may include— brokering relationships and agreements that forge a strong partnership between elementary and secondary and postsecondary partners; and offering statewide training, professional development, and peer learning opportunities for school leaders, instructors, and counselors or advisors; identify and implement policies that will improve the effectiveness and ensure the quality of early college high schools and dual or concurrent enrollment programs, such as eligibility and access, funding, data and quality assurance, governance, accountability, and alignment policies; update the State’s requirements for a student to receive a regular high school diploma to align with the challenging State academic standards and entrance requirements for credit-bearing coursework as described in subparagraphs (A) and (D) of section 1111(b)(1) of the Elementary and Secondary Education Act of 1965; incorporate indicators regarding student access to and completion of early college high schools and dual or concurrent enrollment programs into the school quality and student success indicators included in the State system of annual meaningful differentiation as described under section 1111(c)(4)(B)(v)(I) of the Elementary and Secondary Education Act of 1965; disseminate best practices for early college high schools and dual or concurrent enrollment programs, which may include best practices from programs in the State or other States; facilitate statewide secondary and postsecondary data collection, research and evaluation, and reporting to policymakers and other stakeholders; and conduct outreach programs to ensure that secondary school students, their families, and community members are aware of early college high schools and dual or concurrent enrollment programs in the State. A State may use grant funds received under this section to— establish a mechanism to offset the costs of tuition, fees, standardized testing and performance assessment costs, and support services for low-income students, and students from underrepresented populations enrolled in early college and high schools or dual or concurrent enrollment; establish formal transfer systems within and across State higher education systems, including two-year and four-year public and private institutions, to maximize the transferability of college courses; provide incentives to school districts that— assist high school teachers in getting the credentials needed to participate in early college high school programs and dual or concurrent enrollment; and encourage the use of college instructors to teach college courses in high schools; support initiatives to improve the quality of early college high school and dual or concurrent enrollment programs at participating institutions; and reimburse low-income students to cover part or all of the costs of an Advanced Placement or International Baccalaureate examination. To be eligible to receive a grant under this section, a State shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. The application under paragraph (1) shall include, at minimum, a description of— how the State will carry out the mandatory State activities described in subsection (f)(1); how the State will ensure that any programs funded with a grant under this section are coordinated with programs under— the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.); the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.); the Elementary and Secondary Education Act of 1965; and the Individuals with Disabilities Education Act; how the State intends to use grant funds to address achievement gaps for each category of students described in section 1111(b)(2)(B)(xi) of the Elementary and Secondary Education Act of 1965; how the State will access and leverage additional resources necessary to sustain early college high schools or other dual or concurrent enrollment programs; how the State will identify and eliminate barriers to implementing effective early college high schools and dual or concurrent enrollment programs after the grant expires, including by engaging businesses and nonprofit organizations; and such other information as the Secretary determines to be appropriate.

601. State flexibility for equitable per-pupil funding Section 1501 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6491) is amended— in subsection (a), by inserting and certain State educational agencies on behalf of a State's local educational agencies after local educational agencies; in subsection (b)— in paragraph (1)(A), by inserting and certain State educational agencies on behalf of a State's local educational agencies after local educational agencies; and in paragraph (2), by inserting and certain State educational agencies on behalf of a State's local educational agencies after local educational agencies; in subsection (c)— in paragraph (1), by inserting or 1 State educational agency on behalf of the State's local educational agencies after local educational agencies; in paragraph (2)— in the matter preceding subparagraph (A), by inserting or State educational agency after local educational agency; and in subparagraph (A), by inserting or consolidated State after local; and in paragraph (3)— by striking any local and inserting any; and by striking the local and inserting the; in subsection (d)— in paragraph (1)— in the matter preceding subparagraph (A)— by striking Each local and inserting Each; and by inserting or consolidated State after local; in subparagraph (A)(ii), by striking local; in subparagraph (B), by striking local; in subparagraph (C), by striking local educational and inserting educational; in subparagraph (G), by striking local educational and inserting educational; in subparagraph (H), by striking local educational and inserting educational; in subparagraph (I), by striking local educational and inserting educational; and in subparagraph (G), by striking local educational and inserting educational; and in paragraph (2)— in subparagraph (A), by striking local educational each place the term appears and inserting educational; in subparagraph (B), by striking local educational each place the term appears and inserting educational; and in subparagraph (C), by striking local educational and inserting educational; in subsection (e), by striking local educational and inserting educational; in subsection (f)— by striking local educational and inserting educational; and by inserting or consolidated State after local; in subsection (g), by inserting or consolidated State after local; in subsection (h)— by striking local educational and inserting educational; and by inserting or consolidated State after local; in subsection (i), by striking local educational each place the term appears and inserting educational; in subsection (j), by inserting or consolidated State after local; in subsection (k)— by striking local educational and inserting educational; and by inserting or consolidated State after local each place the term appears; in subsection (l)— in paragraph (1)— by inserting or State educational agency after local educational agency; in subparagraph (D), by striking and after the semicolon; in subparagraph (E), by striking the period at the end and inserting a semicolon; and by adding at the end the following: title I of the TRUE EQUITY Act; title II of the TRUE EQUITY Act; title III of the TRUE EQUITY Act; and title IV of the TRUE EQUITY Act. in paragraph (2), by striking is in the highest 2 quartiles of schools served by a local educational agency, based on the percentage of enrolled students from low-income families and inserting serves students not less than 55 percent of whom are students who are eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.); and by adding at the end the following: A State educational agency that submits a consolidated State flexibility demonstration agreement under this section shall provide technical assistance to local educational agencies in the State that desire to participate in the program under this section in submitting applications to enter into local flexibility demonstration agreements with the Secretary. Notwithstanding any other provision of this section, the Secretary— is authorized to enter into local flexibility demonstration agreements for not more than 2 years with local educational agencies that are selected under subsection (c) and submit proposed agreements that meet the requirements of subsection (d) for flexibility to consolidate eligible Federal funds that are described in subparagraph (F), (G), (H), or (I) of subsection (l); and may renew for not more than 4 additional 2-year terms a local flexibility demonstration agreement described in subparagraph (A). (F)title I of the TRUE EQUITY Act; (G)title II of the TRUE EQUITY Act; (H)title III of the TRUE EQUITY Act; and (I)title IV of the TRUE EQUITY Act.; and (m)Funding flexibility for TRUE EQUITY Act funds (1)Technical assistanceA State educational agency that submits a consolidated State flexibility demonstration agreement under this section shall provide technical assistance to local educational agencies in the State that desire to participate in the program under this section in submitting applications to enter into local flexibility demonstration agreements with the Secretary. (2)Duration and renewalNotwithstanding any other provision of this section, the Secretary— (A)is authorized to enter into local flexibility demonstration agreements for not more than 2 years with local educational agencies that are selected under subsection (c) and submit proposed agreements that meet the requirements of subsection (d) for flexibility to consolidate eligible Federal funds that are described in subparagraph (F), (G), (H), or (I) of subsection (l); and (B)may renew for not more than 4 additional 2-year terms a local flexibility demonstration agreement described in subparagraph (A)..