20 USC 9871 - Alignment of secondary school graduation requirements with the demands of 21st century postsecondary endeavors and support for P

View all text of Subchapter IV [§ 9871 - § 9871]

§ 9871. Alignment of secondary school graduation requirements with the demands of 21st century postsecondary endeavors and support for P–16 education data systems

(a) PurposeIt is the purpose of this section—

(1) to promote more accountability with respect to preparation for higher education, the 21st century workforce, and the Armed Forces, by aligning—

(A) student knowledge, student skills, State academic span standards and assessments, and curricula, in elementary and secondary education, especially with respect to mathematics, science, reading, and, where applicable, engineering and technology; with

(B) the demands of higher education, the 21st century workforce, and the Armed Forces;

(2) to support the establishment or improvement of statewide P–16 education data systems that—

(A) assist States in improving the rigor and quality of State academic span standards and assessments;

(B) ensure students are prepared to succeed in—

(i) academic credit-bearing coursework in higher education without the need for remediation;

(ii) the 21st century workforce; or

(iii) the Armed Forces; and

(3) enable 1

1 So in original. Probably should be “to enable”.

States to have valid and reliable information to inform education policy and practice.

(b) DefinitionsIn this section:

(1) P–16 education

(2) Statewide partnershipThe term “statewide partnership” means a partnership that—

(A) shall include—

(i) the Governor of the State or the designee of the Governor;

(ii) the heads of the State systems for public higher education, or, if such a position does not exist, not less than 1 representative of a public degree-granting institution of higher education;

(iii) a representative of the agencies in the State that administer Federal or State-funded early childhood education programs;

(iv) not less than 1 representative of a public community college;

(v) not less than 1 representative of a technical school;

(vi) not less than 1 representative of a public secondary school;

(vii) the chief State school officer;

(viii) the chief executive officer of the State higher education coordinating board;

(ix) not less than 1 public elementary school teacher employed in the State;

(x) not less than 1 early childhood educator in the State;

(xi) not less than 1 public secondary school teacher employed in the State;

(xii) not less than 1 representative of the business community in the State; and

(xiii) not less than 1 member of the Armed Forces; and

(B) may include other individuals or representatives of other organizations, such as a school administrator, a faculty member at an institution of higher education, a member of a civic or community organization, a representative from a private institution of higher education, a dean or similar representative of a school of education at an institution of higher education or a similar teacher certification or licensure program, or the State official responsible for economic development.

(1) to promote better alignment of span knowledge requirements for secondary school graduation with the knowledge and skills needed to succeed in postsecondary education, the 21st century workforce, or the Armed Forces; or

(2) to establish or improve a statewide P–16 education data system.

(d) Period of grants; non-renewability

(1) Grant period

(2) Non-renewability

(e) Authorized activities

(1) Grants for P–16 alignmentEach State receiving a grant under subsection (c)(1)—

(A) shall use the grant funds for—

(i) identifying and describing the span knowledge and skills students who enter institutions of higher education, the workforce, and the Armed Forces need to have in order to succeed without any remediation based on detailed requirements obtained from institutions of higher education, employers, and the Armed Forces;

(ii) identifying and making changes that need to be made to a State’s secondary school graduation requirements, academic span standards, academic achievement standards, and assessments preceding graduation from secondary school in order to align the requirements, standards, and assessments with the knowledge and skills necessary for success in academic credit-bearing coursework in postsecondary education, in the 21st century workforce, and in the Armed Forces without the need for remediation;

(iii) convening stakeholders within the State and creating a forum for identifying and deliberating on education issues that—(I) involve preschool through grade 12 education, postsecondary education, the 21st century workforce, and the Armed Forces; and(II) transcend any single system of education’s ability to address; and

(iv) implementing activities designed to ensure the enrollment of all elementary school and secondary school students in rigorous coursework, which may include—(I) specifying the courses and performance levels necessary for acceptance into institutions of higher education; and(II) developing or providing guidance to local educational agencies within the State on the adoption of curricula and assessments aligned with State academic span standards, which assessments may be used as measures of student academic achievement in secondary school as well as for entrance or placement at institutions of higher education, including through collaboration with institutions of higher education in, or State educational agencies serving, other States; and

(B) may use the grant funds for—

(i) developing and making available specific opportunities for extensive professional development for teachers, paraprofessionals, principals, and school administrators, including collection and dissemination of effective teaching practices to improve instruction and instructional support mechanisms;

(ii) identifying changes in State academic span standards, academic achievement standards, and assessments for students in grades preceding secondary school in order to ensure such standards and assessments are appropriately aligned and adequately reflect the span needed to prepare students to enter secondary school;

(iii) developing a plan to provide remediation and additional learning opportunities for students who are performing below grade level to ensure that all students will have the opportunity to meet secondary school graduation requirements;

(iv) identifying and addressing teacher certification needs; or

(v) incorporating 21st century learning skills into the State plan, which skills shall include critical thinking, problem solving, communication, collaboration, global awareness, and business and financial literacy.

(2) Grants for statewide P–16 education data systems

(A) Establishment of systemEach State that receives a grant under subsection (c)(2) shall establish a statewide P–16 education longitudinal data system that—

(i) provides each student, upon enrollment in a public elementary school or secondary school in the State, with a unique identifier, such as a bar code, that—(I) does not permit a student to be individually identified by users of the system; and(II) is retained throughout the student’s enrollment in P–16 education in the State; and

(ii) meets the requirements of subparagraphs (B) through (E).

(B) Improvement of existing system

(i) In generalEach State that receives a grant under subsection (c)(2) shall implement measures to—(I) ensure that the statewide P–16 education data system meets the requirements of section 1232g of this title (commonly known as the Family Educational Rights and Privacy Act of 1974);(II) limit the use of information in the statewide P–16 education data system by institutions of higher education and State or local educational agencies or institutions to the activities set forth in paragraph (1) or State law regarding education, consistent with the purposes of this subchapter;(III) prohibit the disclosure of personally identifiable information except as permitted under section 1232g of this title and any additional limitations set forth in State law;(IV) keep an accurate accounting of the date, nature, and purpose of each disclosure of personally identifiable information in the statewide P–16 education data system, a description of the information disclosed, and the name and address of the person, agency, institution, or entity to whom the disclosure is made, which accounting shall be made available on request to parents of any student whose information has been disclosed;(V) notwithstanding section 1232g of this title, require any non-governmental party obtaining personally identifiable information to sign a data use agreement prior to disclosure that—(aa) prohibits the party from further disclosing the information;(bb) prohibits the party from using the information for any purpose other than the purpose specified in the agreement; and(cc) requires the party to destroy the information when the purpose for which the disclosure was made is accomplished;(VI) maintain adequate security measures to ensure the confidentiality and integrity of the statewide P–16 education data system, such as protecting a student record from identification by a unique identifier;(VII) where rights are provided to parents under this clause, provide those rights to the student instead of the parent if the student has reached the age of 18 or is enrolled in a postsecondary educational institution; and(VIII) ensure adequate enforcement of the requirements of this clause.

(ii) Use of unique identifiers(I) Governmental use of unique identifiers(II) Regulations

(D) Required elements of a statewide P–16 education data systemThe State shall ensure that the statewide P–16 education data system includes the following elements:

(i) Preschool through grade 12 education and postsecondary educationWith respect to preschool through grade 12 education and postsecondary education—(I) a unique statewide student identifier that does not permit a student to be individually identified by users of the system;(II) student-level enrollment, demographic, and program participation information;(III) student-level information about the points at which students exit, transfer in, transfer out, drop out, or complete P–16 education programs;(IV) the capacity to communicate with higher education data systems; and(V) a State data audit system assessing data quality, validity, and reliability.

(ii) Preschool through grade 12 educationWith respect to preschool through grade 12 education—(I) yearly test records of individual students with respect to assessments under section 6311(b)(2) of this title;(II) information on students not tested by grade and subject;(III) a teacher identifier system with the ability to match teachers to students;(IV) student-level transcript information, including information on courses completed and grades earned; and(V) student-level college readiness test scores.

(iii) Postsecondary educationWith respect to postsecondary education, data that provide—(I) information regarding the extent to which students transition successfully from secondary school to postsecondary education, including whether students enroll in remedial coursework; and(II) other information determined necessary to address alignment and adequate preparation for success in postsecondary education.

(E) Functions of the statewide P–16 education data systemIn implementing the statewide P–16 education data system, the State shall—

(i) identify factors that correlate to students’ ability to successfully engage in and complete postsecondary-level general education coursework without the need for prior developmental coursework;

(ii) identify factors to increase the percentage of low-income and minority students who are academically prepared to enter and successfully complete postsecondary-level general education coursework; and

(iii) use the data in the system to otherwise inform education policy and practice in order to better align State academic span standards, and curricula, with the demands of postsecondary education, the 21st century workforce, and the Armed Forces.

(f) Application

(1) In general

(2) Application contentsEach application submitted under this section shall specify whether the State application is for the conduct of P–16 education alignment activities, or the establishment or improvement of a statewide P–16 education data system. The application shall include, at a minimum, the following:

(A) A description of the activities and programs to be carried out with the grant funds and a comprehensive plan for carrying out the activities.

(B) A description of how the concerns and interests of the larger education community, including parents, students, teachers, teacher educators, principals, and preschool administrators 2

2 So in original. Probably should be followed by a comma.

will be represented in carrying out the authorized activities described in subsection (e).

(C) In the case of a State applying for funding for P–16 education alignment, a description of how the State will provide assistance to local educational agencies in implementing rigorous State academic span standards, substantive curricula, remediation, and acceleration opportunities for students, as well as other changes determined necessary by the State.

(D) In the case of a State applying for funding to establish or improve a statewide P–16 education data system—

(i) a description of the privacy protection and enforcement measures that the State has implemented or will implement pursuant to subsection (e)(2)(C), and assurances that these measures will be in place prior to the establishment or improvement of the statewide P–16 education data system; and

(ii) an assurance that the State will continue to fund the statewide P–16 education data system after the end of the grant period.

(g) Supplement not supplant

(h) Matching requirement

(i) Rule of construction

(1) No raw data requirement

(2) Private or home schools

(j) Authorization of appropriations

(Pub. L. 110–69, title VI, § 6201, formerly § 6401, Aug. 9, 2007, 121 Stat. 668; renumbered § 6201 and amended Pub. L. 111–358, title X, §§ 1002(b)(3), 1003(c), Jan. 4, 2011, 124 Stat. 4048, 4049; Pub. L. 114–95, title IX, § 9215(i)(4), Dec. 10, 2015, 129 Stat. 2168.)