U.S. GOVERNMENT PUBLISHING OFFICE

WASHINGTON : 

1 

93–510 

" ! HOUSE OF REPRESENTATIVES 

114TH CONGRESS

1st Session 

REPORT

2015

114–29 

PROVIDING FOR FURTHER CONSIDERATION OF THE 

BILL (H.R. 5) TO SUPPORT STATE AND LOCAL ACCOUNTABILITY FOR PUBLIC EDUCATION, PROTECT 

STATE AND LOCAL AUTHORITY, INFORM PARENTS 

OF THE PERFORMANCE OF THEIR CHILDREN’S 

SCHOOLS, AND FOR OTHER PURPOSES 

R E P O R T 

OF THE

COMMITTEE ON RULES 

TO ACCOMPANY

H. Res. 125 

FEBRUARY 25, 2015.—Referred to the House Calendar and ordered to be 

printed 


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114TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 114–29 

PROVIDING FOR FURTHER CONSIDERATION OF THE BILL (H.R. 5) TO SUPPORT STATE AND LOCAL ACCOUNTABILITY FOR PUBLIC EDUCATION, 

PROTECT STATE AND LOCAL AUTHORITY, INFORM PARENTS OF THE 

PERFORMANCE OF THEIR CHILDREN’S SCHOOLS, AND FOR OTHER PURPOSES 

FEBRUARY 25, 2015.—Referred to the House Calendar and ordered to be printed 

Ms. FOXX, from the Committee on Rules, 

submitted the following 

R E P O R T 

[To accompany H. Res. 125] 

The Committee on Rules, having had under consideration House 

Resolution 125, by a nonrecord vote, report the same to the House 

with the recommendation that the resolution be adopted. 

SUMMARY OF PROVISIONS OF THE RESOLUTION

The resolution provides for further consideration of H.R. 5, the 

Student Success Act, under a structured rule. The resolution provides no additional general debate. The resolution provides that an 

amendment in the nature of a substitute consisting of the text of 

Rules Committee Print 114–8, modified by the amendment printed 

in part A of this report, shall be considered as adopted and the bill, 

as amended, shall be considered as read. The resolution waives all 

points of order against provisions in the bill, as amended. The resolution makes in order only those further amendments printed in 

part B of this report. Each such amendment may be offered only 

in the order printed in this report, may be offered only by a Member designated in this report, shall be considered as read, shall be 

debatable for the time specified in this report equally divided and 

controlled by the proponent and an opponent, may be withdrawn 

by its proponent at any time before action thereon, shall not be 

subject to amendment, and shall not be subject to a demand for division of the question in the House or in the Committee of the 

Whole. The resolution waives all points of order against the amendments printed in part B of this report. The resolution provides one 

motion to recommit with or without instructions. 


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EXPLANATION OF WAIVERS

Although the resolution waives all points of order against provisions in the bill, as amended, the Committee is not aware of any 

points of order. The waiver is prophylactic in nature. 

Although the resolution waives all points of order against the 

amendments printed in part B of this report, the Committee is not 

aware of any points of order. The waiver is prophylactic in nature. 

COMMITTEE VOTES

The results of each record vote on an amendment or motion to 

report, together with the names of those voting for and against, are 

printed below: 

Rules Committee record vote No. 27 

Motion by Mr. Hastings of Florida to report an open rule. Defeated: 2–5 

Majority Members Vote Minority Members Vote 

Ms. Foxx ............................................................ Nay Ms. Slaughter .................................................. ...................

Mr. Cole ............................................................ ................... Mr. McGovern ................................................... ...................

Mr. Woodall ...................................................... Nay Mr. Hastings of Florida ................................... Yea 

Mr. Burgess ...................................................... Nay Mr. Polis ........................................................... Yea 

Mr. Stivers ........................................................ ...................

Mr. Collins ........................................................ Nay 

Mr. Sessions, Chairman ................................... Nay 

Rules Committee record vote No. 28 

Motion by Mr. Polis to make in order and provide the appropriate waivers for amendment #60, offered by Rep. Roybal-Allard 

(CA) and Rep. Polis (CO), which adds a requirement that 40% of 

funding used for blended learning be targeted for professional development to train teachers on technology. It also requires states 

to give funding preference to districts with high-need schools; 

amendment #115, offered by Rep. Polis (CO), which encourages the 

State to work with charter schools to promote access for students, 

including addressing any barriers based on the transportation 

needs of the student; amendment #116, offered by Rep. Polis (CO), 

which ensures that the enactment of the Student Success Act 

would not result in a lowering of academic standards for students 

with disabilities through an overreliance on alternate assessments 

aligned to alternate achievement standards; and amendment #123, 

offered by Rep. Polis (CO) and Rep. Maloney (NY) and Rep. Pocan 

(WI) and Rep. Cicilline (RI) and Rep. Takano (CA) and Rep. 

Sinema (AZ) and Rep. Scott (VA), which prohibits discrimination on 

the basis of sexual orientation or gender identity in public schools. 

Defeated: 2–5 

Majority Members Vote Minority Members Vote 

Ms. Foxx ............................................................ Nay Ms. Slaughter .................................................. ...................

Mr. Cole ............................................................ ................... Mr. McGovern ................................................... ...................

Mr. Woodall ...................................................... Nay Mr. Hastings of Florida ................................... Yea 

Mr. Burgess ...................................................... Nay Mr. Polis ........................................................... Yea 

Mr. Stivers ........................................................ ...................

Mr. Collins ........................................................ Nay 

Mr. Sessions, Chairman ................................... Nay 


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SUMMARY OF THE AMENDMENT IN PART A CONSIDERED AS ADOPTED

Kline (MN): Makes technical and clarifying amendments, including language to clarify the obligation of the Secretary to ensure 

student privacy is protected by grantees and to ensure protection 

of states’ rights when a state accepts federal funds, and further 

modifications. 

SUMMARY OF THE AMENDMENTS IN PART B MADE IN ORDER

1. Kennedy (MA), McGovern (MA), Moulton (MA), Capuano (MA), 

Neal (MA), Keating (MA), Lynch (MA), Wilson (FL): Authorizes the 

STEM Gateways grant program as an allowable use of flexible 

funding received by state educational agencies. States could award 

grants to LEAs and qualified partner organizations to support the 

success of women, minorities, and low-income students in rigorous 

STEM academics. (10 minutes) 

2. Grothman (WI): Shortens authorization from 2021 to 2018. (10 

minutes) 

3. Meeks (NY): Would require that the annual, statewide assessments measure student growth and require that student growth be 

a component of achievement within the accountability system established by a given state. (10 minutes) 

4. Lawrence (MI): Requires that the Secretary of Education disapprove of any State plan that fails to, in consultation with State 

and local education agencies to demonstrate that there is a separate reporting of academic assessments for foster youth. (10 minutes) 

5. Goodlatte (VA): Would provide flexibility to localities by providing States with the authority to allow local educational agencies 

to administer their own, locally designed academic assessment system, in place of the State-designed academic system. The same requirements as laid out by this Act for State-designed academic assessments would also apply to any locally designed academic assessment. (10 minutes) 

6. Castro (TX): Appoints a neutral Ombudsman within the Department of Education to ensure K–12 textbooks are held to high 

academic standards. (10 minutes) 

7. Langevin (RI), Thompson, Glenn (PA): Requires states applying for funds under title I to show how they would use the funds 

to provide apprenticeships that offer academic credit, and how they 

would use the funds to provide comprehensive career counseling to 

the students. (10 minutes) 

8. Barletta (PA): States that if school districts use Title I money 

for after school, before school, or summer school activities, would 

require them to describe those activities in their local plans. (10 

minutes) 

9. Quigley (IL), McKinley (WV), Serrano (NY): Restores the paraprofessional qualifications that are in place under current law, 

which helped stop school districts from hiring paraprofessionals 

with little experience in education and no professional training. 

Since all districts are in compliance, and have been since 2006, this 

amendment would present no new burden. (10 minutes) 

10. Fudge (OH): Ensures continued state investment in educating students by requiring states to demonstrate that the level of 


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state and local funding remains constant from year to year. (10 

minutes) 

11. DeSaulnier (CA): Requires LEAs to develop agreements with 

Head Start and other agencies to carry out early childhood education activities. (10 minutes) 

12. Davis, Rodney (IL), Joyce (OH): Gives certainty to local and 

state entitles that currently collective bargaining agreements must 

remain in place. A clause currently exists within Title I of the existing Elementary and Secondary Education Act to ensure that 

nothing in federal law can be construed to upending a state or 

local’s collective bargaining law, memorandum of understanding 

and other agreements. This amendment does not expand any collective bargaining rights that have been in current law and the 

provision has been in existence for twenty years. (10 minutes) 

13. Moore, Gwen (WI), Davis, Danny K. (IL), Wilson (FL): Delays 

implementation of new Title II formula until the Secretary of Education determines that the implementation will not reduce funding 

for schools serving high percentages of students in poverty. (10 

minutes) 

14. McKinley (WV): Establishes a state-led definition of ‘‘workforce critical subjects’’, and requires states to provide an explanation of the subjects they identify as ‘‘workforce critical’’. (10 minutes) 

15. Delaney (MD), Young (IN), Polis (CO): Makes Pay For Success initiatives an allowable use of funds for States and Local Educational Agencies to improve outcomes and save money by training 

and supporting teachers. (10 minutes) 

16. Jeffries (NY): Ensures that teachers, parents and other educational professionals receive education on the harms of copyright 

piracy in order to further educate students to that end. (10 minutes) 

17. Clark, Katherine (MA): Clarifies that early childhood education-focused professional development is an acceptable use of 

funds. (10 minutes) 

18. Cohen (TN): Allows for Title II funds to be used for restorative justice and conflict resolution training. (10 minutes) 

19. Duffy (WI), Wilson (FL): Requires school districts to be transparent in providing information to parents at the beginning of the 

school year on mandated assessments the student will have to take 

during the school year and any school district policy on assessment 

participation (10 minutes) 

20. Messer, Luke (IN), Polis (CO): Expresses the sense of Congress that charter schools are a critical part of our education system in this Nation and that Congress must support opening more 

quality charter schools to help students succeed in their future. (10 

minutes) 

21. Polis (CO), Rokita (IN): Encourages collaboration and sharing 

of best practices between charter schools and local education agencies. (10 minutes) 

22. Kelly, Robin (IL): Requires Statewide Family Engagement 

Centers to conduct training programs in the community to improve 

adult literacy, including financial literacy. (10 minutes) 

23. Bonamici (OR), Costello (PA): Allows State educational agencies and eligible entities to use Local Academic Flexible Grant 

funds to audit and streamline assessment systems, eliminates unVerDate Sep 11 2014 06:02 Feb 26, 2015 Jkt 093510 PO 00000 Frm 00008 Fmt 6659 Sfmt 6602 E:\HR\OC\HR029.XXX HR029

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necessary assessments, and improves the use of assessments. (10 

minutes) 

24. Polis (CO): Allows grants to be used for the creation and distribution of open access textbooks and open educational resources. 

(10 minutes) 

25. Jackson Lee (TX): Supports accountability-based programs 

and activities that are designed to enhance school safety, which 

may include research-based bullying prevention, cyberbullying prevention, disruption of recruitment activity by groups or individuals 

involved in violent extremism, and gang prevention programs as 

well as intervention programs regarding bullying. (10 minutes) 

26. Wilson (FL): Provides for Intensive Care Reading Labs and 

for specialization of school staffing for the purposes of basic skills 

in language arts, mathematics, and science in grades 1–3 as allowable uses in block grant funding. (10 minutes) 

27. Courtney (CT): Amends 20 U.S.C. 7703 to increase weight of 

non-connected children residing in public-private venture (PPV) 

housing located on military property for the purposes of Impact Aid 

basic support payment calculations. (10 minutes) 

28. Nolan (MN), McCollum (MN), Kirkpatrick (AZ), Luja ́n (NM), 

Ruiz (CA): Amends the current stated policy of the United States 

with respect to the education of Indian children to ensure that Indian children do not attend school in buildings that are dilapidated 

or deteriorating, as part of the unique and continuing trust relationship with, and responsibility to, the Indian people. (10 minutes) 

29. Davis, Susan (CA), Dold (IL), Polis (CO): Clarifies the definition of ‘school leader’ such that it explicitly refers to a school principal as opposed to an off-site administrator. (10 minutes) 

30. Zeldin (NY): Allows a State to withdraw from the Common 

Core Standards or any other specific standards. (10 minutes) 

31. Hurd (TX): Expresses the sense of Congress that students’ 

personally identifiable information is important to protect as applied to current law and this act. (10 minutes) 

32. Grayson (FL): Requires the Secretary of Education to conduct 

an assessment of the impact of school start times on student 

health, well-being, and performance. (10 minutes) 

33. Wilson (FL): Provides for school dropout prevention and reentry and provides grants to raise academic achievement levels for 

all students. (10 minutes) 

34. Castro (TX), Stivers (OH): Improves college and career readiness for homeless youth by requiring the State to include in the 

State Plan a description of how such youth would receive assistance from counselors to advise, prepare, and improve college readiness. (10 minutes) 

35. Carson (IN): Advances assessments of student achievement 

and instructional practices, effective teacher preparation and continuing professional development, education administration, and 

international comparisons. The amendment supports development 

of a national research strategy to ensure that students, particularly 

at risk students, have effective teachers and are being prepared for 

the future. (10 minutes) 

36. Collins, Doug (GA): Improves accountability and ensures 

proper oversight of taxpayer funds authorized by this legislation. 

(10 minutes) 


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37. Dold (IL): Ensures that federal education dollars go toward 

their intended use for student benefit in the classroom by clarifying 

that funds received under the Elementary and Secondary Education Act shall not be diverted by the states to fill prior unfunded 

liability shortfalls in teacher pension programs. When a state receives funds under ESEA and distributes those funds to LEAs, this 

amendment prohibits the state from requiring LEAs to make a contribution to a pension program that is in excess of the ‘‘normal 

cost’’ of that teacher’s participation in the pension program. (10 

minutes) 

38. Flores (TX): Reaffirms students’, teachers’ and school administrators’ right to exercise religion. In addition, it is the sense of 

Congress that schools examine their policies to ensure students and 

teachers are fully able to participate in activities on school grounds 

related to their religious freedom. (10 minutes) 

39. Brownley (CA): Creates a grant program for states to create 

or expand biliteracy seal programs to recognize student proficiency 

in speaking, reading, and writing in both English and a second language for graduating high school seniors. (10 minutes) 

40. Loebsack (IA): Supports the expansion of the use of digital 

learning through competitive grants to partnerships to implement 

and evaluate the results of technology-based learning practices, 

strategies, tools, or programs at rural schools. (10 minutes) 

41. Meng (NY): Authorizes—but does not appropriate funds—for 

the Secretary of Education to provide grants for: early-childhood 

education scholarships, professional development and licensing credentials, or increased compensation for educators who have attained specific qualifications. 

Requires each state that desires a grant to include a description 

of its comprehensive early childhood professional development system in its application, and grant recipients must maintain their fiscal effort for the activities supported by the grant funds for a fiscal 

year at levels equal to or greater than their fiscal effort for such 

activities during the preceding fiscal year. (10 minutes) 

42. Schrader (OR), Polis (CO): Establishes a pilot program to 

award competitive grants to local education agencies to support career and technical education programs that were impacted or eliminated due to recent economic events. (10 minutes) 

43. Thompson, Bennie (MS): Requires that The Student Success 

Act shall not go into effect until the Secretary of Education determines that its enactment will not reduce the college and career 

readiness of racial or ethnic minority students, students with disabilities, English learners, and low-income students and provides 

written notification to Congress on such determination. (10 minutes) 

44. Scott, Bobby (VA): This amendment repeals H.R. 5 and replaces the bill text with a substitute amendment that provides robust funding levels, replaces the outdated, rigid mandates of No 

Child Left Behind, and maintains civil rights and equity protections that ensure all students graduate from high school collegeand career-ready. (20 minutes) 

PART A—TEXT OF AMENDMENT CONSIDERED AS ADOPTED

Page 31, line 20, insert ‘‘, on an annual and subject-by-subject 

basis,’’ after ‘‘determining’’. 


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Page 31, line 25, strike ‘‘are informed’’ and insert ‘‘are clearly informed, as part of the process for developing the Individualized 

Education Program (as defined in section 614(d)(1)(A) of the Individuals with Disabilities Education Act (20 U.S.C. 1414(d)(1)(A)),’’. 

Page 32, line 8, insert ‘‘as defined in section 6101(36)(A)’’ after 

‘‘diploma’’. 

Page 32, after line 8, insert the following (and redesignate provisions accordingly): 

‘‘(iiii) ensures that students with the most significant cognitive disabilities who take an alternate assessment based on alternate academic achievement 

standards are not precluded from attempting to complete the requirements for a regular secondary school 

diploma, as determined by the State; 

Page 45, after line 2, insert the following: 

‘‘(6) RULE OF CONSTRUCTION.—A State plan shall be presumed approved upon submission unless the Secretary finds 

that the plan does not meet one of the required elements, but 

in no case shall a deficiency be found due to the content of the 

material submitted.’’ 

Page 47, after line 13, insert the following (and redesignate provisions accordingly): 

‘‘(iv) the number, percentage, and disability category 

of students with significant cognitive disabilities participating in the alternate assessments described in 

subsection (b)(2)(C) (except that such reporting shall 

not be required in a case in which the results would 

reveal personally identifiable information about an individual student); 

Page 85, strike lines 20 through 23, and insert the following: 

‘‘(K) at what time and where services will be provided; 

and 

Page 231, after line 3, insert the following: 

‘‘(7) A description of how the State will establish, implement, 

or improve policies and procedures on background checks for 

school employees and contractors who have direct unsupervised access to students, which may be conducted and administered by the State or local educational agencies, including by— 

‘‘(A) expanding the registries or repositories searched 

when conducting background checks, including— 

‘‘(i) the State criminal registry or repository of the 

State in which the school employee resides; 

‘‘(ii) the State-based child abuse and neglect registries and databases of the State in which the school 

employee resides; 

‘‘(iii) the Federal Bureau of Investigation fingerprint 

check using the Integrated Automated Fingerprint 

Identification System; 

‘‘(iv) the National Sex Offender Registry established 

under the Adam Walsh Child Protection and Safety 

Act of 2006 (42 U.S.C. 16901 et seq.); and 

‘‘(v) the National Crime Information Center; 

‘‘(B) establishing, implementing, or improving policies 

and procedures that prohibit employing as a school employee an individual who— 


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‘‘(i) refuses to consent to a background check; 

‘‘(ii) makes false statements in connection with a 

background check; 

‘‘(iii) has been convicted of a felony, consisting of— 

‘‘(I) homicide; 

‘‘(II) child abuse or neglect; 

‘‘(III) a crime against children, including child 

pornography; 

‘‘(IV) domestic violence; 

‘‘(V) a crime involving rape or sexual assault; 

‘‘(VI) kidnaping; 

‘‘(VII) arson; or 

‘‘(VIII) physical assault, battery, or a drug-related offense, committed on or after the date that 

is 5 years before the date of the individual’s criminal background check; 

‘‘(iv) has been convicted of any other crimes, as determined by the State; or 

‘‘(v) is registered or required to be registered on a 

State sex offender registry or the National Sex Offender Registry established under the Adam Walsh 

Child Protection and Safety Act of 2006 (42 U.S.C. 

16901 et seq.); 

‘‘(C) establishing, implementing, or improving policies 

and procedures for States, local educational agencies, or 

schools to provide the results of background checks to— 

‘‘(i) individuals subject to the background checks in 

a statement that indicates whether the individual is 

ineligible for such employment due to the background 

check and includes information related to each disqualifying crime; 

‘‘(ii) the employer in a statement that indicates 

whether a school employee is eligible or ineligible for 

employment, without revealing any disqualifying 

crime or other related information regarding the individual; 

‘‘(iii) another employer in the same State or another 

State, as permitted under State law, without revealing 

any disqualifying crime or other related information 

regarding the individual; and 

‘‘(iv) another local educational agency in the same 

State or another State that is considering such school 

employee for employment, as permitted under State 

law, without revealing any disqualifying crime or 

other related information regarding the individual; 

and 

‘‘(D) developing, implementing, or improving mechanisms to assist local educational agencies and schools in effectively recognizing and quickly responding to incidents of 

child abuse by school employees. 

Page 234, line 17, strike ‘‘teachers and school leaders’’’ and insert 

‘‘teachers, school leaders, and if appropriate, specialized instructional support personnel’’. 


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Page 239, beginning on line 8, strike ‘‘teachers and school leaders’’’ and insert ‘‘teachers, school leaders, and if appropriate, specialized instructional support personnel’’. 

Page 243, line 6, strike the final quotation marks and period at 

the end. 

Page 243, after line 6, insert the following: 

‘‘SEC. 2134. EMPLOYEE TRANSFERS. 

‘‘A local educational agency or State educational agency shall be 

ineligible for funds under this Act if such agency knowingly facilitates the transfer of any employee if the agency knows, or has 

probable cause to believe, that the employee engaged in sexual misconduct with a student.’’. 

Page 262, line 22, strike ‘‘and’’ at the end 

Page 263, line 2, strike the period at the end and insert ‘‘; and’’. 

Page 263, after line 2, insert the following: 

‘‘(C) has a timely and efficient approval process to approve or disapprove a teacher or school leader preparation 

academy. 

Page 345, line 4, strike ‘‘(I) or (III)’’ and insert ‘‘(I), (II), or (IV)’’. 

Page 348, after line 9, insert the following (and redesignate provisions accordingly): 

‘‘(II) educational service agency; 

Page 348, line 12, strike ‘‘(I) or (II)’’ and insert ‘‘(I), (II), or (III)’’. 

Beginning on page 381, strike line 24 through page 383, line 4, 

and insert the following: 

(e) HOLD HARMLESS.—Section 8003(e) (20 U.S.C. 7703(e)) is 

amended to read as follows: 

‘‘(e) HOLD HARMLESS.—The maximum amount that a local educational agency is eligible to receive, as calculated under paragraph 

(1)(C), (2)(C), or (2)(D) of subsection (b), shall not be less than 90 

percent of the calculated maximum amount that was used to determine the local educational agency’s payment for subsection (b)(1) or 

(b)(2) in the previous fiscal year for a period not to exceed 3 consecutive fiscal years, if such agency meets the eligibility requirements of paragraph (1)(B) or (2)(B) of subsection (b).’’. 

Page 563, after line 15, insert the following: 

‘‘SEC. 6532. SCHOOLCHILDREN’S PROTECTION FROM ABORTION PROVIDERS. 

‘‘(a) LIMITATION ON FUNDING.—Notwithstanding section 6102, no 

funds under this Act may be used by any State educational agency 

or local educational agency that enters into a contract or other 

agreement with a school-based health center relating to the provision of health services to students served by the agency unless such 

center certifies that— 

‘‘(1) the center will not perform an abortion; and 

‘‘(2) the center will not provide abortion-related materials, referrals, or directions for abortion services to any such student. 

‘‘(b) RULE OF CONSTRUCTION.—Nothing in this section shall be 

construed to prevent a school-based health center from providing 

non-abortion health services to pregnant students. 

‘‘(c) SCHOOL-BASED HEALTH CENTER.—In this section, the term 

‘school-based health center’ has the meaning given such term in 

section 2110(c)(9) of the Social Security Act (42 U.S.C. 

1397jj(c)(9)).’’. 


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Beginning on page 570, strike line 1 through page 572, line 24 

(and redesignate provisions accordingly). 

Page 574, beginning on line 19, strike ‘‘AND PARENTAL 

RIGHTS OVER THE EDUCATION OF THEIR CHILDREN’’. 

Page 574, line 24, strike ‘‘No’’ and insert ‘‘In order to ensure local 

control over the acceptance of federal funds, no’’. 

Page 575, line 6, strike ‘‘have waived’’ through ‘‘assistance’’ on 

line 9, and insert ‘‘have affirmatively agreed to abide by the conditions attached to the receipt of such funds’’’. 

Page 575, line 23, strike ‘‘waiving the State’s rights’’ through ‘‘assistance’’ on line 25 and insert ‘‘has affirmatively agreed to abide 

by the conditions attached to the receipt of such funds’’’. 

Page 576, after line 21, insert the following (and redesignate provisions accordingly): 

‘‘(e) RULE OF CONSTRUCTION.—Nothing in this section shall be 

construed to allow the Secretary to condition the receipt of any 

grant funds under this Act on the adoption of any specific standards, including the Common Core State Standards, assessments, or 

curriculum. 

Page 577, after line 25, insert the following: 

‘‘SEC. 6565. PRIVACY. 

‘‘The Secretary shall ensure each grantee receiving funds under 

this Act understands the importance of privacy protections for students and is aware of their responsibilities under section 444 of the 

General Education Provisions Act (20 U.S.C. 1232g) (commonly 

known as the ‘Family Education Rights and Privacy Act of 1974’). 

Page 620, after line 8, add the following: 

SEC. 802. PREVENTING IMPROPER USE OF TAXPAYER FUNDS. 

To ensure any misuse of taxpayer funds is stopped or prevented 

before it occurs, the Secretary of Education— 

(1) shall ensure that each recipient of a grant or subgrant 

under the Elementary and Secondary Education Act of 1965 

(20 U.S.C. 6301 et seq.) prominently displays the Department 

of Education Office of Inspector General hotline contact information so any individual who observes, detects, or suspects improper use of taxpayer funds can easily report such improper 

use; 

(2) annually shall notify employees of the Department of 

Education of their responsibility to report fraud; and 

(3) shall ensure that applicants for grants or subgrants 

under such Act are aware of their requirement to submit truthful and accurate information when applying for grants or subgrants and responding to monitoring and compliance reviews. 

PART B—TEXT OF AMENDMENTS MADE IN ORDER

1. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE KENNEDY

OF MASSACHUSETTS OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 11, after line 2, insert the following new subparagraph: 

‘‘(F) Section 152 of the Student Success Act.’’. 

Page 225, after line 17, insert the following new section: 


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SEC. 152. STEM GATEWAY GRANT PROGRAM. 

(a) PROGRAM AUTHORIZED.—A State educational agency shall 

award grants to eligible entities, on a competitive basis, to enable 

such eligible entities to carry out programs described in subsection 

(d) to achieve, with respect to women and girls, underrepresented 

minorities, and individuals from all economic backgrounds (including economically disadvantaged individuals and individuals living 

in economically distressed areas), 1 or more of the following goals: 

(1) Encourage interest in the STEM fields at the elementary 

school or secondary school levels. 

(2) Motivate engagement in STEM fields by providing relevant hands-on learning opportunities at the elementary school 

and secondary school levels. 

(3) Support classroom success in STEM disciplines at the elementary school or secondary school levels. 

(4) Support workforce training and career preparation in 

STEM fields at the secondary school level. 

(5) Improve access to career and continuing education opportunities in STEM fields at the secondary school level. 

(b) LIMITATION.—A State educational agency may award grants 

under this section for not longer than a 5-year period. 

(c) APPLICATION.— 

(1) IN GENERAL.—Each eligible entity that desires to receive 

a grant under this section shall submit an application to the 

State educational agency at such time, in such manner, and 

containing such information as the State educational agency 

may reasonably require. 

(2) CONTENTS.—An application submitted under paragraph 

(1) shall contain— 

(A) in the case of an eligible entity that plans to use the 

grant funds at the elementary school level— 

(i) a description of the programs the eligible entity 

will carry out to achieve 1 or more of the goals described in paragraphs (1) through (3) of subsection (a) 

at the elementary school level, including the content of 

the programs and research and models used to design 

the programs; and 

(ii) a description of how the programs described in 

clause (i) will support the success of women and girls, 

underrepresented minorities, and individuals from all 

economic backgrounds (including economically disadvantaged individuals and individuals living in economically distressed areas) in STEM education, such 

as— 

(I) recruiting women and girls, underrepresented minorities, and individuals from all economic backgrounds (including economically disadvantaged individuals and individuals living in 

economically distressed areas) to participate in 

the programs; 

(II) supporting educators who will lead the programs, and participants in the programs; 

(III) encouraging partnerships between in-school 

and out-of-school educators, such as afterschool 

providers, science centers, and museums; 


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(IV) identifying public and private partners that 

are able to support the programs; and 

(V) planning for sustaining the programs financially beyond the grant period; and 

(B) in the case of an eligible entity that plans to use the 

grant funds at the secondary school level— 

(i) a description of the programs the eligible entity 

will carry out to achieve 1 or more of the goals described in paragraphs (1) through (5) of subsection (a) 

at the secondary school level, including the content of 

the programs and research and models used to design 

the programs; 

(ii) a description of how the programs described in 

clause (i) will support the success of women and girls, 

underrepresented minorities, and individuals from all 

economic backgrounds (including economically disadvantaged individuals and individuals living in economically distressed areas) in STEM education and 

workforce training that prepares such individuals to 

take advantage of employment opportunities in STEM 

fields, such as— 

(I) recruiting women and girls, underrepresented minorities, and individuals from all economic backgrounds (including economically disadvantaged individuals and individuals living in 

economically distressed areas) to participate in 

the programs; 

(II) supporting educators who will lead such 

programs, and participants in the programs; 

(III) identifying public and private partners that 

are able to support the programs; 

(IV) partnering with institutions of higher education or institutions providing informal science 

education, such as afterschool programs and 

science centers and museums; 

(V) partnering with institutions of higher education; and 

(VI) planning for sustaining the programs financially beyond the grant period; 

(iii) a review of the industry and business workforce 

needs, including the demand for workers with knowledge or training in a STEM field; and 

(iv) an analysis of job openings that require knowledge or training in a STEM field. 

(d) FUNDS.— 

(1) REQUIRED USE OF FUNDS.—An eligible entity that receives 

a grant under this section shall use such grant funds to carry 

out programs to achieve 1 or more of the goals described in 

subsection (a) at the elementary school or secondary school levels, with respect to women and girls, underrepresented minorities, and students from all economic backgrounds (including 

economically disadvantaged individuals and students living in 

economically distressed areas). 


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(2) AUTHORIZED USE OF FUNDS.—The programs described in 

paragraph (1) may include any of the following activities, with 

respect to the individuals described in paragraph (1): 

(A) Carrying out the activities described in subparagraph(A)(ii) or B)(ii) of subsection (c)(2), as appropriate. 

(B) Providing professional development for teachers, 

afterschool providers, and other school personnel in elementary schools or secondary schools, including professional development to encourage, through academic instruction and support, such individuals to pursue advanced classes and careers in STEM fields. 

(C) Providing tutoring and mentoring programs in 

STEM fields. 

(D) Establishing partnerships with institutions of higher 

education, potential employers, and other industry stakeholders that expose such individuals to professionals in 

STEM fields, or providing opportunities for postsecondary 

academic credits or credentials. 

(E) Providing after-school activities and other informal 

learning opportunities designed to encourage interest and 

develop skills in STEM fields. 

(F) Providing summer programs to extend learning time 

and to deepen the skills and interest in STEM fields of 

such individuals. 

(G) Purchasing and utilizing— 

(i) educational or instructional materials that are 

designed to improve educational outcomes in STEM 

fields, and will serve to deepen the skills and interest 

in STEM fields of such individuals; or 

(ii) equipment, instrumentation, or hardware used 

to teach and encourage interest in STEM fields. 

(H) Internships or opportunities for experiential learning 

in STEM fields. 

(e) REPORT.— 

(1) ELIGIBLE ENTITIES.—Each eligible entity receiving a grant 

under this section shall, on an annual basis, submit a report 

to the State educational agency on the use of funds and the 

number of students who participated in the programs carried 

out with the grant funds. 

(2) STATE EDUCATIONAL AGENCY.—Each State educational 

agency shall, on an annual basis, submit to the Secretary a report on the use of funds and the number of students who participated in the programs carried out in the State with the 

grant funds. 

(3) SECRETARY.—The Secretary shall, on an annual basis, 

and using the reports received under paragraph (2), report to 

Congress on the overall impact and effectiveness of the grant 

program under this section. 

(f) DEFINITIONS.—In this section: 

(1) ESEA DEFINITIONS.—The terms ‘‘educational service 

agency’’, ‘‘elementary school’’, ‘‘local educational agency’’, ‘‘institution of higher education’’, ‘‘secondary school’’, ‘‘Secretary’’, 

and ‘‘State’’ have the meanings given the terms in section 6101 

of the Elementary and Secondary Education Act of 1965 (20 

U.S.C. 7801). 


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14 

(2) COMMUNITY COLLEGE.—The term ‘‘community college’’ 

has the meaning given the term ‘‘junior or community college’’ 

in section 312 of the Higher Education Act of 1965 (20 U.S.C. 

1058). 

(3) ECONOMICALLY DISADVANTAGED INDIVIDUAL.—The term 

‘‘economically disadvantaged individual’’ has the meaning 

given the term in section 400.4 of title 34, Code of Federal Regulations, as such section is in effect on the date of enactment 

of this Act. 

(4) ECONOMICALLY DISTRESSED AREA.—The term ‘‘economically distressed area’’ means a county or equivalent division of 

local government of a State in which, according to the most recently available data from the Bureau of the Census, 40 percent or more of the residents have an annual income that is 

at or below the poverty level. 

(5) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means— 

(A) a local educational agency; 

(B) an educational service agency serving more than 1 

local educational agency; 

(C) a consortium of local educational agencies; 

(D) a nonprofit organization that— 

(i) works with elementary schools, secondary 

schools, or institutions of higher education; and 

(ii) has demonstrated a commitment to achieving 

the goals described in paragraphs (1) through (4) of 

subsection (a); or 

(E) a community college working in partnership with 

secondary schools to create opportunities for dual enrollment, credit transfer, or accelerated postsecondary 

credentialing. 

(6) PARTNERS.—The term ‘‘partners’’ means organizations 

that employ workers in STEM-related careers or organizations 

with demonstrated expertise in identifying, scaling, and implementing successful practices in STEM education and workforce 

development. 

(7) STEM.—The term ‘‘STEM’’ means— 

(A) science, technology, engineering, and mathematics; 

and 

(B) other academic subjects that build on the subjects 

described in subparagraph (A), such as computer science. 

(8) UNDERREPRESENTED MINORITY.—The term ‘‘underrepresented minority’’ has the meaning given the term ‘‘minority’’ 

in section 637.4(b) of title 34, Code of Federal Regulations, as 

such section is in effect on the date of enactment of this Act. 

2. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE GROTHMAN

OF WISCONSIN OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 5, lines 4, 7, 16, 20, and 24, strike ‘‘2021’’ and insert ‘‘2018’’. 

Page 6, lines 4, 10, 16, 21, and 25, strike ‘‘2021’’ and insert 

‘‘2018’’. 

Page 7, line 4, strike ‘‘2021’’ and insert ‘‘2018’’. 

Page 450, lines 19 and 23, strike ‘‘2021’’ and insert ‘‘2018’’. 

Page 461, line 17, strike ‘‘2021’’ and insert ‘‘2018’’. 

Page 484, line 11, strike ‘‘2021’’ and insert ‘‘2018’’. 


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Page 619, line 7, strike ‘‘2021’’ and insert ‘‘2018’’. 

3. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE MEEKS OF

NEW YORK OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 27, beginning on line 10, strike ‘‘, at the State’s discretion,’’. 

Page 35, line 24, strike ‘‘may’’ and insert ‘‘shall’’. 

4. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE LAWRENCE

OF MICHIGAN OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 30, line 14, after the second comma, insert ‘‘by status as a 

student in foster care,’’. 

5. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE GOODLATTE OF VIRGINIA OR HIS DESIGNEE, DEBATABLE FOR 10 MIN- UTES

Page 35, after line 7, insert the following: 

‘‘(G) LOCALLY DESIGNED ASSESSMENT SYSTEM.—Nothing 

in this paragraph shall be construed to prohibit a local 

educational agency from administering its own assessments in lieu of the State-designed academic assessment 

system under this paragraph, if— 

‘‘(i) the local educational agency obtains approval 

from the State to administer a locally designed academic assessment system; 

‘‘(ii) such assessments provide data that is comparable among all local educational agencies within 

the State; and 

‘‘(iii) the locally designed academic assessment system meets the requirements for the assessments 

under subparagraph (B), except the requirement 

under clause (ii) of such subparagraph. 

6. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE CASTRO OF

TEXAS OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 40, after line 3, insert the following: 

‘‘(8) OMBUDSMAN FOR TEXTBOOK STANDARDS.—The Secretary 

shall appoint an ombudsman who is dedicated to overseeing 

and resolving State disputes on textbooks standards for K–12 

grade levels in order to ensure that States are held accountable 

for upholding the highest academic standards for K–12 textbooks.’’. 

7. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE LANGEVIN

OF RHODE ISLAND OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 58, strikes lines 12 through 14 and insert the following: 

‘‘(B) work-based learning opportunities that provide students in-depth interaction with industry professionals for 

the purposes of gaining experience and, if appropriate, academic credit;’’. 


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Page 58, line 19, strike the period and insert ‘‘; and’’. 

Page 58, after line 19, insert the following: 

‘‘(16) if appropriate, how the local educational agency will 

use funds under this subpart to train school counselors to effectively provide students relevant information regarding their individual career and postsecondary education goals.’’. 

8. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE BARLETTA

OF PENNSYLVANIA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 58, line 14, strike ‘‘and’’. 

Page 58, line 19, strike the period and insert ‘‘; and’’. 

Page 58, after line 19, insert the following: 

‘‘(16) if appropriate, how the local educational agency will 

use funds under this subpart to support activities that coordinate and integrate before-school and after-school programs, 

and summer school programs. 

9. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE QUIGLEY

OF ILLINOIS OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Strike section 119 and insert the following new section: 

SEC. 119. QUALIFICATIONS FOR PARAPROFESSIONALS. 

Section 1119 of the Elementary and Secondary Education Act of 

1965 (20 U.S.C. 6319) is amended— 

(1) by striking subsections (a), (b), (d), (i), (j), (k), and (l); 

(2) by redesignating subsection (c) as subsection (a); 

(3) by redesignating subsections (e) through (h) as subsections (b) through (e), respectively; 

(4) in subsection (a), as redesignated by paragraph (2), by 

striking ‘‘hired after the date of enactment of the No Child Left 

Behind Act of 2001 and’’; 

(5) in subsection (b), as redesignated by paragraph (3), by 

striking ‘‘Subsections (c) and (d)’’ and inserting ‘‘Subsection 

(a)’’; and 

(6) in the section heading, by striking ‘‘TEACHERS AND’’. 

10. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE FUDGE OF

OHIO OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 92, strike lines 8 through 14 and insert the following: 

SEC. 121. FISCAL REQUIREMENTS. 

Section 1120A (20 U.S.C. 6321) is amended by striking ‘‘part’’ 

each place such term appears and inserting ‘‘subpart’’. 

Page 563, after line 16, insert the following (and redesignate provisions accordingly): 

‘‘SEC. 6541. MAINTENANCE OF EFFORT. 

‘‘(a) IN GENERAL.—A local educational agency may receive funds 

under a covered program for any fiscal year only if the State educational agency finds that either the combined fiscal effort per student or the aggregate expenditures of the agency and the State 

with respect to the provision of free public education by the agency 

for the preceding fiscal year was not less than 90 percent of the 


emcdonald on DSK67QTVN1PROD with HEARING
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combined fiscal effort or aggregate expenditures for the second preceding fiscal year. 

‘‘(b) REDUCTION IN CASE OF FAILURE TO MEET.— ‘‘(1) IN GENERAL.—The State educational agency shall reduce 

the amount of the allocation of funds under a covered program 

in any fiscal year in the exact proportion by which a local educational agency fails to meet the requirement of subsection (a) 

of this section by falling below 90 percent of both the combined 

fiscal effort per student and aggregate expenditures (using the 

measure most favorable to the local agency). 

‘‘(2) SPECIAL RULE.—No such lesser amount shall be used for 

computing the effort required under subsection (a) of this section for subsequent years. 

‘‘(c) WAIVER.—The Secretary may waive the requirements of this 

section if the Secretary determines that a waiver would be equitable due to— 

‘‘(1) exceptional or uncontrollable circumstances, such as a 

natural disaster; or 

‘‘(2) a precipitous decline in the financial resources of the 

local educational agency.’’. 

11. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE

DESAULNIER OF CALIFORNIA OR HIS DESIGNEE, DEBATABLE FOR

10 MINUTES

Page 92, strike lines 19 and 20 and insert the following: 

(2) in subsection (a)— 

(A) by striking ‘‘such as the Early Reading First program’’; and 

(B) by adding at the end the following new sentence: 

‘‘Each local educational agency shall develop agreements 

with such Head Start agencies and other entities to carry 

out such activities.’’; and 

12. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE DAVIS OF

ILLINOIS OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 225, line 17, strike the final quotation marks and period at 

the end. 

Page 225, after line 17, insert the following: 

‘‘SEC. 1405. RULE OF CONSTRUCTION FOR COLLECTIVE BARGAINING. 

‘‘Nothing in this title shall be construed to alter or otherwise affect the rights, remedies, and procedures afforded to school or local 

educational agency employees under Federal, State, or local laws 

(including applicable regulations or court orders) or under the 

terms of collective bargaining agreements, memoranda of understanding, or other agreements between such employers and their 

employees.’’. 

13. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE MOORE

OF WISCONSIN OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 229, line 1, after ‘‘the Secretary’’ insert ‘‘makes a determination in writing to Congress for that fiscal year that the level 


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and quality of educational services to individuals age 5 through 17 

from families with incomes below the poverty line has not decreased since the date of enactment of the Student Success Act 

and’’ 

14. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE MCKINLEY OF WEST VIRGINIA OR HIS DESIGNEE, DEBATABLE FOR 10 

MINUTES

Page 231, after line 3, insert the following: 

‘‘(7) A description of any subjects the State has identified as 

being workforce critical subjects pursuant to section 2234(6).’’. 

Page 266, line 20, strike the closing quotation marks and the last 

period. 

Page 266, after line 20, insert the following: 

‘‘(6) WORKFORCE CRITICAL SUBJECT.—The term ‘workforce 

critical subject’ means an academic subject of urgent importance to the current and future workforce needs of the State, 

including science, technology, engineering, math, and any other 

subject that has been identified by the State, in consultation 

with employer, workforce, community, educator, parent and 

professional stakeholders.’’. 

15. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE DELANEY

OF MARYLAND OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 235, line 4, strike ‘‘and’’ at the end. 

Page 235, line 9, strike the period at the end and insert ‘‘; and’’. 

Page 235, after line 9, insert the following: 

‘‘(F) Support State or local pay for success initiatives 

that meet the purposes of this part.’’. 

Page 241, line 4, strike ‘‘or’’ at the end. 

Page 241, line 7, strike the period at the end and insert ‘‘; or’’. 

Page 241, after line 7, insert the following: 

‘‘(10) carrying out activities related to pay for success initiatives that meet the purposes of this part.’’. 

Page 250, after line 20, insert the following: 

‘‘(ix) Supporting State or local pay for success initiatives that meet the purposes of this part.’’. 

Page 257, line 25, strike ‘‘and’’ at the end. 

Page 258, line 3, strike the period at the end and insert ‘‘; and’’. 

Page 258, after line 3, insert the following: 

‘‘(I) carrying out activities related to pay for success initiatives that meet the purposes of this part.’’. 

Page 508, after line 17, insert the following (and redesignate the 

succeeding provisions accordingly): 

‘‘(34) PAY FOR SUCCESS INITIATIVES.—The term ‘pay for success initiatives’ means initiatives— 

‘‘(A) that produce a measurable, clearly defined outcome 

that results in social benefit and direct cost savings to the 

local, State, or Federal Government; 

‘‘(B) except as provided in subparagraph (D)(i), that 

make payments only when agreed-upon outcomes are 

achieved; 


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‘‘(C) for which a feasibility study is conducted on the initiative describing how the proposed intervention is based 

on strong or moderate evidence of effectiveness and how 

the initiative will meet the requirements of subparagraph 

(A); and 

‘‘(D) for which— 

‘‘(i) an evaluation, which may be paid for out of 

funding for the pay for success initiative without respect to a successful outcome, is included that uses experimental designs using random assignment or other 

research methodologies that allow for the strongest 

possible causal inferences when random assignment is 

not feasible by an independent evaluator to determine 

whether the initiative has met the outcomes described 

in subparagraph (A); and 

‘‘(ii) the State or local educational agency produces 

an annual, publicly available report on the progress of 

the initiative in meeting the requirements of subparagraph (A), as appropriate.’’. 

16. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE JEFFRIES

OF NEW YORK OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 240, line 14, strike ‘‘technology,’’ and insert ‘‘technology (including education about the harms of copyright piracy),’’. 

Page 338, line 5, strike ‘‘technology,’’ and insert ‘‘technology (including education about the harms of copyright piracy),’’. 

Page 355, line 4, strike ‘‘technology,’’ and insert ‘‘technology (including education about the harms of copyright piracy),’’. 

Page 511, line 6, strike ‘‘technology,’’ and insert ‘‘technology (including education about the harms of copyright piracy),’’. 

17. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE CLARK OF

MASSACHUSETTS OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 240, line 15, strike ‘‘or’’ at the end. 

Page 240, insert the following after line 20: 

‘‘(I) professional development for teachers, principals and 

other school administrators in early elementary grades 

that includes specialized knowledge about child development and learning, developmentally-appropriate curricula 

and teaching practices, meaningful family engagement and 

collaboration with early care and education programs; 

‘‘(J) professional development, including through joint 

professional development opportunities, for early childhood 

educators, teachers, principals, specialized instructional 

support personnel, and other school leaders; or 

‘‘(K) training on child development, improving instruction, and closing achievement gaps;’’ 

18. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE COHEN OF

TENNESSEE OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 240, line 15, strike ‘‘or’’ at the end. 

Page 240, line 20, add ‘‘or’’ at the end. 


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Page 240, insert the following after line 20: 

‘‘(I) professional development on restorative justice and 

conflict resolution;’’ 

19. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE DUFFY OF

WISCONSIN OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 268, line 9, before the period insert ‘‘any assessments mandated by the State educational agency or local educational agency 

for the student for that school year, and any local educational agency policy regarding student participation in such assessments’’. 

20. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE MESSER

OF INDIANA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 270, line 6, amend the section header for section 3101 so 

that it reads ‘‘SENSE OF CONGRESS; PURPOSE’’. 

Page 270, after line 6, insert the following: 

‘‘(a) SENSE OF CONGRESS.— ‘‘(1) FINDINGS.—The Congress finds the following: 

‘‘(A) The number of public charter schools has dramatically increased in recent years. Between the 2008–2009 

school year and the 2013–2014 school year, there was a 77 

percent increase in the number of students attending public charter schools and a 39 percent increase in the number 

of schools. 

‘‘(B) Charter schools serve a very diverse population of 

students. Nationally, 57 percent of students enrolled in 

charter schools are minority students, while only 39 percent of students in non-charter public schools are minority 

students. 

‘‘(C) For the 2014–2015 school year, there are more than 

6700 public charter schools serving about 2.9 million students. This represents a 4 percent growth in the number 

of open charter schools, and a 14 percent increase in student enrollment from the 2013–2014 school year. 

‘‘(D) There are more than one million student names on 

charter school waiting lists. 

‘‘(E) Charter schools are open in areas where students 

need better education options, including areas that serve 

economically disadvantaged kids. Almost 50 percent of the 

students attending charter schools qualify for free or reduced priced lunch, a slightly larger percentage than noncharter public schools. 

‘‘(F) Charter schools serve students in all areas, from 

urban cities to rural towns through traditional brick and 

mortar schools, blended learning models, and online programs, giving parents across the Nation options to find the 

best learning environment for their children. 

‘‘(G) Charter schools give parents the opportunity to find 

the right place for their child to learn. Whether they are 

looking for digital learning, Montessori, or a more structured environment, charter schools provide a variety of 

education options for families. 


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‘‘(H) Charter schools have strong accountability to parents and the community because they have to meet the 

same State academic accountability requirements as all 

other public schools, satisfy the terms of their charter with 

their authorizing authority, and satisfy parents who have 

selected the school for their children. 

‘‘(2) SENSE OF CONGRESS.—It is the sense of the Congress 

that charter schools are a critical part of our education system 

in this Nation and the Congress believes we must support 

opening more quality charter schools to help students succeed 

in their future. 

Page 270, line 7, strike ‘‘It’’ and insert the following: 

‘‘(b) PURPOSE.—It 

21. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE POLIS OF

COLORADO OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 284, line 8, strike ‘‘and’’. 

Page 284, line 14, insert ‘‘and’’ after the semicolon. 

Page 284, after line 14, insert the following: 

‘‘(iii) is working to develop or strengthen a cohesive 

strategy to encourage collaboration between charter 

schools and local educational agencies on the sharing 

of best practices;’’. 

22. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE KELLY OF

ILLINOIS OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 336, after line 20, insert the following: 

‘‘(7) An assurance that the applicant will conduct training 

programs in the community to improve adult literacy, including financial literacy.’’. 

23. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE BONAMICI

OF OREGON OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

Beginning on page 342, strike line 13 through page 343, line 24, 

and insert the following: 

‘‘(3) STATE ACTIVITIES AND STATE ADMINISTRATION.—A State 

educational agency may reserve not more than 17 percent of 

the amount allotted to the State under subsection (b) for each 

fiscal year for the following: 

‘‘(A) Not more than 5 percent of such amount for each 

fiscal year for— 

‘‘(i) the administrative costs of carrying out its responsibilities under this part; 

‘‘(ii) monitoring and evaluation of programs and activities assisted under this part; 

‘‘(iii) providing training and technical assistance 

under this part; 

‘‘(iv) statewide academic focused programs; or 

‘‘(v) sharing evidence-based and other effective strategies with eligible entities. 

‘‘(B) To do one or more of the following: 


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‘‘(i) To pay the costs of developing the State assessments and standards required under section 1111(b), 

which may include the costs of working, at the sole 

discretion of the State, in voluntary partnerships with 

other States to develop such assessments and standards. 

‘‘(ii) If the State has developed the assessments and 

standards required under section 1111(b), to administer those assessments or carry out other activities related to ensuring that the State’s schools and local 

educational agencies are helping students meet the 

State’s academic standards under such section. 

‘‘(iii) To conduct an audit of State assessments and 

report, in a publicly available format, the findings of 

such audit, which may include assessment purposes, 

costs, schedule of administration and dissemination of 

results, description of alignment with the State’s academic standards, and description of policies for inclusion of all students. 

‘‘(iv) To develop and implement a plan to improve 

the State assessment system, which may include efforts, if appropriate as determined by the State— 

‘‘(I) to reduce the number of assessments administered; 

‘‘(II) to provide professional development on assessment and data literacy; 

‘‘(III) to ensure the quality, validity, and reliability of assessments; or 

‘‘(IV) to improve the use of assessments by decreasing the time between administering assessments and releasing assessment data. 

‘‘(C) Not more than 5 percent of such amount for each 

fiscal year for awarding blended learning projects under 

paragraph (4).’’. 

Page 355, after line 15, insert the following (and redesignate succeeding provisions accordingly): 

‘‘(2) STREAMLINING ASSESSMENT SYSTEMS.—An eligible entity 

that receives an award under this part may use such funds— 

‘‘(A) to conduct an audit of the local assessments administered by the local educational agency and report, in a 

publicly available format, the findings of such audit, which 

may include such findings as described under section 

3202(c)(3)(B)(iii); and 

‘‘(B) to develop and implement a plan, in collaboration 

with local stakeholders, which may include efforts, if appropriate as determined by the eligible entity, as described 

under section 3202(c)(3)(B)(iv).’’. 

24. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE POLIS OF

COLORADO OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 343, after line 24, insert the following new subparagraph: 

‘‘(H) Awarding grants for the creation and distribution of 

open access textbooks and open educational resources.’’. 


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25. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE JACKSON

LEE OF TEXAS OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 354, line 19, strike ‘‘two’’ and insert ‘‘three’’. 

Page 355, after line 15, insert the following: 

‘‘(iii) Accountability-based programs and activities 

that are designed to enhance school safety, which may 

include research-based bullying prevention, 

cyberbullying prevention, disruption of recruitment activity by groups or individuals involved in violent extremism, and gang prevention programs, as well as 

intervention programs regarding bullying.’’. 

26. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE WILSON

OF FLORIDA OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 354, line 19, strike ‘‘two categories’’ and insert ‘‘four categories’’. 

Page 355, after line 15, insert the following: 

‘‘(iii) Establishing, expanding, or maintaining intensive care reading laboratories to assist elementary 

school students who are reading at below grade level. 

‘‘(iv) Enabling elementary schools to provide instruction in language arts, mathematics, and science in 

grades 1 through 3 through teachers who are specialized in language arts, mathematics, or science, respectively. 

27. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE COURTNEY OF CONNECTICUT OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 366, line 5, strike ‘‘and’’. 

Page 366, after line 5, insert the following: 

(2) in paragraph (1)(E)— 

(A) by striking ‘‘(E)’’ and inserting ‘‘(E)(i)’’; 

(B) by striking the semicolon and inserting ‘‘; or’’; and 

(C) by adding at the end the following: 

‘‘(ii) resided on Federal property under lease under subchapter IV of chapter 169 of title 10, United States Code;’’; 

and 

Page 366, line 6, strike ‘‘(2)’’ and insert ‘‘(3)’’. 

28. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE NOLAN OF

MINNESOTA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 391, line 19, add at the end after the period the following: 

‘‘It is further the policy of the United States to ensure that Indian 

children do not attend school in buildings that are dilapidated or 

deteriorating, which may negatively affect the academic success of 

such children.’’. 


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29. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE DAVIS OF

CALIFORNIA OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 514, line 9, strike ‘‘of the school’’ and insert ‘‘in the school 

building’’. 

30. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE ZELDIN

OF NEW YORK OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 563, after line 15, insert the following: 

‘‘SEC. 6532. STATE CONTROL OVER STANDARDS. 

‘‘(a) IN GENERAL.—Nothing in this Act shall be construed to prohibit a State from withdrawing from the Common Core State 

Standards or any other specific standards. 

‘‘(b) PROHIBITION.—No officer or employee of the Federal Government shall, directly or indirectly, through grants, contracts or other 

cooperative agreements, through waiver granted under section 

6401 or through any other authority, take any action against a 

State that exercises its rights under subsection (a).’’. 

31. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE HURD OF

TEXAS OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 574, after line 17, insert the following: 

‘‘SEC. 6552. SENSE OF CONGRESS ON PROTECTING STUDENT PRIVACY. 

‘‘(a) FINDINGS.—The Congress finds as follows: 

‘‘(1) Students’ personally identifiable information is important to protect. 

‘‘(2) Students’ information should not be shared with individuals other than school officials in charge of educating those 

students without clear notice to parents. 

‘‘(3) With the use of more technology, and more research 

about student learning, the responsibility to protect students’ 

personally identifiable information is more important than 

ever. 

‘‘(4) Regulations allowing more access to students’ personal 

information could allow that information to be shared or sold 

by individuals who do not have the best interest of the students in mind. 

‘‘(5) The Secretary has the responsibility to ensure every entity that receives funding under this Act holds any personally 

identifiable information in strict confidence. 

‘‘(b) SENSE OF CONGRESS.—It is the sense of the Congress that 

the Secretary should review all regulations addressing issues of 

student privacy, including those under this Act, and ensure that 

students’ personally identifiable information is protected. 

32. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE GRAYSON

OF FLORIDA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 574, after line 17, insert the following: 


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‘‘SEC. 6552. STUDY ON SCHOOL START TIMES. 

‘‘The Secretary shall conduct an assessment of the impact of 

school start times on student health, well-being, and performance.’’. 

33. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE WILSON

OF FLORIDA OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

In title VI of the Elementary and Secondary Education Act of 

1965, as proposed to be amended by section 601(a) of the bill— 

(1) redesignate part F as part G (and redesignate provisions 

accordingly); and 

(2) insert after part E the following: 

‘‘PART F—SCHOOL DROPOUT PREVENTION 

‘‘SEC. 6571. SHORT TITLE. 

‘‘This part may be cited as the ‘Dropout Prevention Act’. 

‘‘SEC. 6572. PURPOSE. 

‘‘The purpose of this part is to provide for school dropout prevention and reentry and to raise academic achievement levels by providing grants that— 

‘‘(1) challenge all children to attain their highest academic 

potential; and 

‘‘(2) ensure that all students have substantial and ongoing 

opportunities to attain their highest academic potential 

through schoolwide programs proven effective in school dropout 

prevention and reentry. 

‘‘SEC. 6573. AUTHORIZATION OF APPROPRIATIONS. 

‘‘For the purpose of carrying out this part, there are authorized to be appropriated $125,000,000 for fiscal year 2016 and such sums 

as may be necessary for each of the 5 succeeding fiscal years, of 

which— 

‘‘(1) 10 percent shall be available to carry out subpart 1 for 

each fiscal year; and 

‘‘(2) 90 percent shall be available to carry out subpart 2 for 

each fiscal year. 

‘‘Subpart 1—Coordinated National Strategy 

‘‘SEC. 6581. NATIONAL ACTIVITIES. 

‘‘(a) IN GENERAL.—The Secretary is authorized— 

‘‘(1) to collect systematic data on the effectiveness of the programs assisted under this part in reducing school dropout rates 

and increasing school reentry and secondary school graduation 

rates; 

‘‘(2) to establish a national clearinghouse of information on 

effective school dropout prevention and reentry programs that 

shall disseminate to State educational agencies, local educational agencies, and schools— 

‘‘(A) the results of research on school dropout prevention 

and reentry; and 

‘‘(B) information on effective programs, best practices, 

and Federal resources to— 

‘‘(i) reduce annual school dropout rates; 


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‘‘(ii) increase school reentry; and 

‘‘(iii) increase secondary school graduation rates; 

‘‘(3) to provide technical assistance to State educational 

agencies, local educational agencies, and schools in designing 

and implementing programs and securing resources to implement effective school dropout prevention and reentry programs; 

‘‘(4) to establish and consult with an interagency working 

group that shall— 

‘‘(A) address inter- and intra-agency program coordination issues at the Federal level with respect to school dropout prevention and reentry, and assess the targeting of existing Federal services to students who are most at risk of 

dropping out of school, and the cost-effectiveness of various 

programs and approaches used to address school dropout 

prevention and reentry; 

‘‘(B) describe the ways in which State educational agencies and local educational agencies can implement effective 

school dropout prevention and reentry programs using 

funds from a variety of Federal programs, including the 

programs under this part; and 

‘‘(C) examine Federal programs that may have a positive 

impact on secondary school graduation or school reentry; 

‘‘(5) to carry out a national recognition program in accordance with subsection (b) that recognizes schools that have 

made extraordinary progress in lowering school dropout rates; 

and 

‘‘(6) to use funds made available for this subpart to carry out 

the evaluation required under section 1830(c). 

‘‘(b) RECOGNITION PROGRAM.— 

‘‘(1) ESTABLISHMENT.—The Secretary shall— 

‘‘(A) establish a national recognition program; and 

‘‘(B) develop uniform national guidelines for the recognition program that shall be used to recognize eligible 

schools from nominations submitted by State educational 

agencies. 

‘‘(2) RECOGNITION.—The Secretary shall recognize, under the 

recognition program established under paragraph (1), eligible 

schools. 

‘‘(3) SUPPORT.—The Secretary may make monetary awards to 

an eligible school recognized under this subsection in amounts 

determined appropriate by the Secretary that shall be used for 

dissemination activities within the eligible school district or 

nationally. 

‘‘(4) DEFINITION OF ELIGIBLE SCHOOL.—In this subsection, the 

term ‘eligible school’ means a public middle school or secondary 

school, including a charter school, that has implemented comprehensive reforms that have been effective in lowering school 

dropout rates— 

‘‘(A) for all students in that secondary school or charter 

school; 

‘‘(B) For students in one or more of the subgroups described in section 1111(b)(2)(B)(xii); or 

‘‘(C) in the case of a middle school, for all students or for 

students in one or more of the subgroups described in section 1111(b)(2)(B)(xii) with a higher than average dropout 


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rate in the secondary school that the middle school feeds 

students into. 

‘‘(c) CAPACITY BUILDING.— 

‘‘(1) IN GENERAL.—The Secretary, through a contract with 

one or more non-Federal entities, may conduct a capacity 

building and design initiative in order to increase the types of 

proven strategies for school dropout prevention and reentry 

that address the needs of an entire school population rather 

than a subset of students. 

‘‘(2) NUMBER AND DURATION.— 

‘‘(A) NUMBER.—The Secretary may award not more than 

five contracts under this subsection. 

‘‘(B) DURATION.—The Secretary may award a contract 

under this subsection for a period of not more than 5 

years. 

‘‘(d) SUPPORT FOR EXISTING REFORM NETWORKS.— 

‘‘(1) IN GENERAL.—The Secretary may provide appropriate 

support to eligible entities to enable the eligible entities to provide training, materials, development, and staff assistance to 

schools assisted under this part. 

‘‘(2) DEFINITION OF ELIGIBLE ENTITY.—In this subsection, the 

term ‘eligible entity’ means an entity that, prior to the date of 

enactment of the Dropout Prevention Act— 

‘‘(A) provided training, technical assistance, and materials related to school dropout prevention or reentry to 100 

or more elementary schools or secondary schools; and 

‘‘(B) developed and published a specific educational program or design related to school dropout prevention or reentry for use by the schools. 

‘‘Subpart 2—School Dropout Prevention Initiative 

‘‘SEC. 6591. DEFINITIONS. 

‘‘In this subpart: 

‘‘(1) LOW-INCOME STUDENT.—The term ‘low-income student’ 

means a student who is determined by a local educational 

agency to be from a low-income family using the measures described in section 1113(c). 

‘‘(2) STATE.—The term ‘State’ means each of the several 

States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, 

Guam, American Samoa, the Commonwealth of the Northern 

Mariana Islands, and the Bureau of Indian Affairs for purposes 

of serving schools funded by the Bureau. 

‘‘SEC. 6592. PROGRAM AUTHORIZED. 

‘‘(a) GRANTS TO STATE EDUCATIONAL AGENCIES AND LOCAL EDU- CATIONAL AGENCIES.— 

‘‘(1) AMOUNT LESS THAN $75,000,000.— ‘‘(A) IN GENERAL.—If the amount appropriated under 

section 6573 for a fiscal year equals or is less than 

$75,000,000, then the Secretary shall use such amount to 

award grants, on a competitive basis, to— 

‘‘(i) State educational agencies to support activities— 

‘‘(I) in schools that— 


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‘‘(aa) serve students in grades 6 through 12; 

and 

‘‘(bb) have annual school dropout rates that 

are above the State average annual school 

dropout rate; or 

‘‘(II) in the middle schools that feed students 

into the schools described in subclause (I); or 

‘‘(ii) local educational agencies that operate— 

‘‘(I) schools that— 

‘‘(aa) serve students in grades 6 through 12; 

and 

‘‘(bb) have annual school dropout rates that 

are above the State average annual school 

dropout rate; or 

‘‘(II) middle schools that feed students into the 

schools described in subclause (I). 

‘‘(B) USE OF GRANT FUNDS.—Grant funds awarded under 

this paragraph shall be used to fund effective, sustainable, 

and coordinated school dropout prevention and reentry 

programs that may include the activities described in subsection (b)(2), in— 

‘‘(i) schools serving students in grades 6 through 12 

that have annual school dropout rates that are above 

the State average annual school dropout rate; or 

‘‘(ii) the middle schools that feed students into the 

schools described in clause (i). 

‘‘(2) AMOUNT LESS THAN $250,000,000 BUT MORE THAN

$75,000,000.—If the amount appropriated under section 6573 for a fiscal year is less than $250,000,000 but more than 

$75,000,000, then the Secretary shall use such amount to 

award grants, on a competitive basis, to State educational 

agencies to enable the State educational agencies to award 

subgrants under subsection (b). 

‘‘(3) AMOUNT EQUAL TO OR EXCEEDS $250,000,000.—If the 

amount appropriated under section 6573 for a fiscal year 

equals or exceeds $250,000,000, then the Secretary shall use 

such amount to award a grant to each State educational agency in an amount that bears the same relation to such appropriated amount as the amount the State educational agency received under part A for the preceding fiscal year bears to the 

amount received by all State educational agencies under such 

part for the preceding fiscal year, to enable the State educational agency to award subgrants under subsection (b). 

‘‘(b) SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES.— 

‘‘(1) IN GENERAL.—From amounts made available to a State 

educational agency under paragraph (2) or (3) of subsection (a), 

the State educational agency shall award subgrants, on a competitive basis, to local educational agencies that operate public 

schools that serve students in grades 6 through 12 and that 

have annual school dropout rates that are above the State average annual school dropout rate, to enable those schools, or 

the middle schools that feed students into those schools, to implement effective, sustainable, and coordinated school dropout 

prevention and reentry programs that involve activities such 

as— 


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‘‘(A) professional development; 

‘‘(B) obtaining curricular materials; 

‘‘(C) release time for professional staff to obtain professional development; 

‘‘(D) planning and research, including the development 

of early warning indicator systems in middle schools designed to identify students who are at risk of dropping out 

of high school and to guide preventative and recuperative 

school improvement strategies, including— 

‘‘(i) identifying and analyzing the academic risk factors that most reliable predict dropouts by using longitudinal data of past cohorts of students; 

‘‘(ii) identifying specific indicators of student 

progress and performance, such as attendance, academic performance in core courses, and credit accumulation, to guide decision making; 

‘‘(iii) identifying or developing a mechanism for regularly collecting and analyzing data about the impact 

of interventions on the indicators of student progress 

and performance; and 

‘‘(iv) analyzing academic indicators to determine 

whether students are on track to graduate secondary 

school in the standard number of years; 

‘‘(E) remedial education; 

‘‘(F) reduction in pupil-to-teacher ratios; 

‘‘(G) efforts to meet State student academic achievement 

standards; 

‘‘(H) counseling and mentoring for at-risk students, including the creation of individualized student success 

plans; 

‘‘(I) implementing comprehensive school reform models, 

such as creating smaller learning communities; and 

‘‘(J) school reentry activities. 

‘‘(2) AMOUNT.—Subject to paragraph (3), a subgrant under 

this subpart shall be awarded— 

‘‘(A) in the first year that a local educational agency receives a subgrant payment under this subpart, in an 

amount that is based on factors such as— 

‘‘(i) the size of schools operated by the local educational agency; 

‘‘(ii) costs of the model or set of prevention and reentry strategies being implemented; and 

‘‘(iii) local cost factors such as poverty rates; 

‘‘(B) in the second year, in an amount that is not less 

than 75 percent of the amount the local educational agency 

received under this subpart in the first such year; 

‘‘(C) in the third year, in an amount that is not less than 

50 percent of the amount the local educational agency received under this subpart in the first such year; and 

‘‘(D) in each succeeding year, in an amount that is not 

less than 30 percent of the amount the local educational 

agency received under this subpart in the first year. 

‘‘(3) DURATION.—A subgrant under this subpart shall be 

awarded for a period of 3 years, and may be continued for a 

period of 2 additional years if the State educational agency deVerDate Sep 11 2014 06:02 Feb 26, 2015 Jkt 093510 PO 00000 Frm 00033 Fmt 6659 Sfmt 6602 E:\HR\OC\HR029.XXX HR029

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termines, based on the annual reports described in section 

1830(a), that significant progress has been made in lowering 

the annual school dropout rate for secondary schools participating in the program assisted under this subpart. 

‘‘SEC. 6593. APPLICATIONS. 

‘‘(a) IN GENERAL.—To receive— 

‘‘(1) a grant under this subpart, a State educational agency 

or local educational agency shall submit an application and 

plan to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require; and 

‘‘(2) a subgrant under this subpart, a local educational agency shall submit an application and plan to the State educational agency at such time, in such manner, and accompanied by such information as the State educational agency 

may reasonably require. 

‘‘(b) CONTENTS.— ‘‘(1) STATE EDUCATIONAL AGENCY AND LOCAL EDUCATIONAL

AGENCY.—Each application and plan submitted under subsection (a) shall— 

‘‘(A) include an outline— 

‘‘(i) of the State educational agency’s or local educational agency’s strategy for reducing the State educational agency or local educational agency’s annual 

school dropout rate; 

‘‘(ii) for targeting secondary schools, and the middle 

schools that feed students into those secondary 

schools, that have the highest annual school dropout 

rates; and 

‘‘(iii) for assessing the effectiveness of the efforts described in the plan; 

‘‘(B) contain an identification of the schools in the State 

or operated by the local educational agency that have annual school dropout rates that are greater than the average annual school dropout rate for the State; 

‘‘(C) describe the instructional strategies to be implemented, how the strategies will serve all students, and the 

effectiveness of the strategies; 

‘‘(D) describe a budget and timeline for implementing 

the strategies; 

‘‘(E) contain evidence of coordination with existing resources; 

‘‘(F) provide an assurance that funds provided under this 

subpart will supplement, and not supplant, other State 

and local funds available for school dropout prevention and 

reentry programs; and 

‘‘(G) describe how the activities to be assisted conform 

with research knowledge and evidence-based school dropout prevention and reentry programs. 

‘‘(2) LOCAL EDUCATIONAL AGENCY.—Each application and 

plan submitted under subsection (a) by a local educational 

agency shall contain, in addition to the requirements of paragraph (1)— 

‘‘(A) an assurance that the local educational agency is 

committed to providing ongoing operational support for 


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such schools to address the problem of school dropouts for 

a period of 5 years; and 

‘‘(B) an assurance that the local educational agency will 

support the plan, including— 

‘‘(i) provision of release time for teacher training; 

‘‘(ii) efforts to coordinate activities for secondary 

schools and the middle schools that feed students into 

those secondary schools; and 

‘‘(iii) encouraging other schools served by the local 

educational agency to participate in the plan. 

‘‘SEC. 6594. STATE RESERVATION. 

‘‘A State educational agency that receives a grant under paragraph (2) or (3) of section 1822(a) may reserve not more than 5 percent of the grant funds for administrative costs and State activities 

related to school dropout prevention and reentry activities, of which 

not more than 2 percent of the grant funds may be used for administrative costs. 

‘‘SEC. 6595. STRATEGIES AND CAPACITY BUILDING. 

‘‘Each local educational agency receiving a grant or subgrant 

under this subpart and each State educational agency receiving a 

grant under this subpart shall implement scientifically based, sustainable, and widely replicated strategies for school dropout prevention and reentry. The strategies may include— 

‘‘(1) specific strategies for targeted purposes, such as— 

‘‘(A) effective early intervention programs designed to 

identify at-risk students; 

‘‘(B) effective programs serving at-risk students, including racial and ethnic minorities and pregnant and parenting teenagers, designed to prevent such students from 

dropping out of school; and 

‘‘(C) effective programs to identify and encourage youth 

who have already dropped out of school to reenter school 

and complete their secondary education; and 

‘‘(2) approaches such as breaking larger schools down into 

smaller learning communities and other comprehensive reform 

approaches, creating alternative school programs, and developing clear linkages to career skills and employment. 

‘‘SEC. 6596. SELECTION OF LOCAL EDUCATIONAL AGENCIES FOR SUBGRANTS. 

‘‘(a) STATE EDUCATIONAL AGENCY REVIEW AND AWARD.—The 

State educational agency shall review applications submitted under 

section 1823(a)(2) and award subgrants to local educational agencies with the assistance and advice of a panel of experts on school 

dropout prevention and reentry. 

‘‘(b) ELIGIBILITY.—A local educational agency is eligible to receive 

a subgrant under this subpart if the local educational agency operates a public school (including a public alternative school)— 

‘‘(1) that is eligible to receive assistance under part A; and 

‘‘(2)(A) that serves students 50 percent or more of whom are 

low-income students; or 

‘‘(B) in which a majority of the students come from feeder 

schools that serve students 50 percent or more of whom are 

low-income students. 


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‘‘SEC. 6597. COMMUNITY BASED ORGANIZATIONS. 

‘‘A local educational agency that receives a grant or subgrant 

under this subpart and a State educational agency that receives a 

grant under this subpart may use the funds to secure necessary 

services from a community-based organization or other government 

agency if the funds are used to provide school dropout prevention 

and reentry activities related to schoolwide efforts. 

‘‘SEC. 6598. TECHNICAL ASSISTANCE. 

‘‘Notwithstanding any other provision of law, each local educational agency that receives funds under this subpart shall use 

the funds to provide technical assistance to secondary schools 

served by the agency that have not made progress toward lowering 

annual school dropout rates after receiving assistance under this 

subpart for 2 fiscal years. 

‘‘SEC. 6599. SCHOOL DROPOUT RATE CALCULATION. 

‘‘For purposes of calculating an annual school dropout rate under 

this subpart, a school shall use the annual event school dropout 

rate for students leaving a school in a single year determined in 

accordance with the National Center for Education Statistics’ Common Core of Data. 

‘‘SEC. 6600. REPORTING AND ACCOUNTABILITY. 

‘‘(a) LOCAL EDUCATIONAL AGENCY REPORTS.— 

‘‘(1) IN GENERAL.—To receive funds under this subpart for a 

fiscal year after the first fiscal year that a local educational 

agency receives funds under this subpart, the local educational 

agency shall provide, on an annual basis, a report regarding 

the status of the implementation of activities funded under this 

subpart, and the dropout data for students at schools assisted 

under this subpart, disaggregated by each subgroup described 

in section 1111(b)(2)(B)(xii), to the— 

‘‘(A) Secretary, if the local educational agency receives a 

grant under section 1822(a)(1); or 

‘‘(B) State educational agency, if the local educational 

agency receives a subgrant under paragraph (2) or (3) of 

section 1822(a). 

‘‘(2) DROPOUT DATA.—The dropout data under paragraph (1) 

shall include annual school dropout rates for each fiscal year, 

starting with the 2 fiscal years before the local educational 

agency received funds under this subpart. 

‘‘(b) STATE REPORT ON PROGRAM ACTIVITIES.—Each State educational agency receiving funds under this subpart shall provide to 

the Secretary, at such time and in such format as the Secretary 

may require, information on the status of the implementation of activities funded under this subpart and outcome data for students 

in schools assisted under this subpart. 

‘‘(c) ACCOUNTABILITY.—The Secretary shall evaluate the effect of 

the activities assisted under this subpart on school dropout prevention compared, if feasible, to a control group using control procedures. The Secretary may use funds appropriated for subpart 1 to 

carry out this evaluation. 

‘‘SEC. 6601. PROHIBITED USES OF FUNDS. 

‘‘No funds under this part may be used for— 


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‘‘(1) the development, establishment, implementation, or enforcement of zero-tolerance school discipline policies unless otherwise required by Federal law; or 

‘‘(2) law enforcement agencies or local police departments 

serving a school or local educational agency— 

‘‘(A) with substantial documented excesses or racial disparities in the use of exclusionary discipline; 

‘‘(B) operating under an open school desegregation order, 

whether court-ordered or voluntary; 

‘‘(C) operating under a pattern or practice or practice 

consent decree for civil rights violations; or 

‘‘(D) already receiving substantial Federal funds for the 

placement of law enforcement in schools.’’. 

34. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE CASTRO

OF TEXAS OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 596, after line 15, insert the following: 

‘‘(K) A description of how such youths will receive assistance from counselors to advise, prepare, and improve the 

readiness of such youths for college. 

35. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE CARSON

OF INDIANA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of title VI, add the following new section: 

SEC. 605. DEVELOPMENT OF A NATIONAL RESEARCH STRATEGY. 

Not later than 180 days after the date of the enactment of the 

Student Success Act, the Secretary of Education shall develop a national research strategy with respect to elementary and secondary 

education that includes advancing— 

(1) an annual measure of student learning, including a system of assessments; 

(2) effective teacher preparation and continuing professional 

development; 

(3) education administration; and 

(4) international comparisons of education. 

36. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE COLLINS

OF GEORGIA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 620, after line 8, add the following (and amend the table 

of contents accordingly): 

SEC. 802. ACCOUNTABILITY TO TAXPAYERS THROUGH MONITORING 

AND OVERSIGHT. 

To ensure better monitoring and oversight of taxpayer funds authorized to be appropriated under the Elementary and Secondary 

Education Act of 1965 (20 U.S.C. 6301 et seq.), and to deter and 

prohibit waste, fraud, and abuse of such funds, the Secretary of 

Education— 

(1) shall ensure that each recipient of a grant or subgrant 

under such Act is aware of— 

(A) their responsibility to comply with all monitoring requirements under the applicable program or programs; 


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(B) their further responsibility to monitor properly any 

sub-grantee under the applicable program or programs; 

and 

(C) the Secretary’s schedule for monitoring and any 

other compliance reviews to ensure proper use of Federal 

funds; 

(2) shall review and analyze the results of monitoring and 

compliance reviews— 

(A) to understand trends and identify common issues; 

and 

(B) to issue guidance to help grantees address these 

issues before the loss or misuse of taxpayer funding occurs; 

(3) shall publically report the work undertaken by the Secretary to prevent fraud, waste, and abuse, including specific 

cases where the Secretary found and prevented the misuse of 

taxpayer funds; and 

(4) shall work with the Office of Inspector General in the Department of Education as needed to help ensure that employees of such department understand how to monitor grantees 

properly and to help grantees monitor any sub-grantees properly. 

37. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE DOLD OF

ILLINOIS OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Add at the end of title VIII the following: 

SEC. 8ll. PROHIBITION OF USING EDUCATION FUNDS FOR EXCESS 

PAYMENTS TO CERTAIN RETIREMENT OR PENSION SYSTEMS. 

(a) IN GENERAL.—No State receiving funds authorized under this 

Act or the amendments made by this Act may require any local 

educational agency using funds authorized under this Act to hire 

or pay the salary of teachers to use such funds to make contributions to a teacher retirement or pension system for a plan year in 

excess of the normal cost of pension benefits for such plan year for 

which the employing local educational agency has responsibility. 

(b) NORMAL COST DEFINED.—For purposes of this section, the 

term ‘‘normal cost’’ means the portion of the cost of projected benefits allocated to the current plan year, not including any unfunded 

liabilities the teacher retirement or pension system has accrued. 

38. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE FLORES

OF TEXAS OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Add at the end the following: 

SEC. 802. SENSE OF CONGRESS ON THE FREE EXERCISE OF RELIGION. 

It is the sense of Congress that— 

(1) a student, teacher, or school administrator retains their 

rights under the First Amendment, including the right to free 

exercise of religion, during the school day or while on elementary and secondary school grounds; and 

(2) elementary and secondary schools should examine their 

policies to ensure that, in a manner consistent with the Constitution, law, and court decisions, students, teachers, and 


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school administrators are able to fully participate in activities 

on elementary and secondary school grounds related to their 

religious freedom. 

39. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE

BROWNLEY OF CALIFORNIA OR HER DESIGNEE, DEBATABLE FOR 10 

MINUTES

At the end of title VIII of the bill, add the following new section: 

SEC. 802. STATE SEAL OF BILITERACY PROGRAM. 

(a) ESTABLISHMENT.—The Secretary of Education shall award 

grants to States to establish or improve a Seal of Biliteracy program to recognize student proficiency in speaking, reading, and 

writing in both English and a second language. 

(b) GRANT APPLICATION.—In order to receive a grant under this 

section, a State shall submit an application to the Secretary at 

such time, in such manner, and containing such information and 

assurances as the Secretary may require, including— 

(1) a description of the criteria a student must meet to demonstrate proficiency in speaking, reading, and writing in both 

English and a second language; 

(2) assurances that a student who meets the requirements 

under paragraph (1)— 

(A) receives a permanent seal or other marker on the 

student’s secondary school diploma or its equivalent; and 

(B) receives documentation of proficiency in the student’s 

official academic transcript; and 

(3) assurances that a student is not charged a fee for submitting an application under subsection (c). 

(c) STUDENT PARTICIPATION IN A SEAL OF BILITERACY PROGRAM.—To participate in a Seal of Biliteracy program, a student 

must submit an application to the State that serves the student at 

such time, in such manner, and containing such information and 

assurances as the State may require, including assurances that the 

student— 

(1) will receive a secondary school diploma or its equivalent 

in the year the student submits an application; and 

(2) has met the criteria established by the State under subsection (b)(1). 

(d) STUDENT ELIGIBILITY FOR APPLICATION.—A student who 

gained proficiency in a second language outside of school may apply 

to participate in a Seal of Biliteracy program under subsection (c). 

(e) USE OF FUNDS.—Grant funds made available under this section shall be used for administrative costs of establishing or improving and carrying out a Seal of Biliteracy program and for public outreach and education about that program. 

(f) GRANT TERMS.— 

(1) DURATION.—A grant awarded under this section shall be 

for a period of 2 years, and may be renewed at the discretion 

of the Secretary. 

(2) RENEWAL.—At the end of a grant term, the recipient of 

such grant may reapply for a grant under this section. 

(3) LIMITATIONS.—A grant recipient under this section shall 

not have more than 1 grant under this section at anytime. 


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(4) RETURN OF UNSPENT GRANT FUNDS.—Not later than 6 

months after the date on which a grant term ends, a recipient 

of a grant under this section shall return any unspent grant 

funds to the Secretary. 

(g) REPORT.—Not later than 9 months after receiving a grant 

under this section, a grant recipient shall issue a report to the Secretary describing the implementation of the Seal of Biliteracy program. 

(h) DEFINITIONS.—In this section: 

(1) ESEA DEFINITIONS.—The terms ‘‘secondary school’’, ‘‘Secretary’’, and ‘‘State’’ have the meanings given those terms in 

section 6101 of the Elementary and Secondary Education Act 

of 1965 (20 U.S.C. 7801). 

(2) SECOND LANGUAGE.—The term ‘‘second language’’ means 

any language other than English, including Braille and American Sign Language. 

(3) SEAL OF BILITERACY PROGRAM.—The term ‘‘Seal of 

Biliteracy program’’ means any program established under this 

section. 

(i) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to 

be appropriated to the Secretary $10,000,000 for each of fiscal 

years 2016 through 2021 to carry out this section. 

40. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE LOEBSACK

OF IOWA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of the bill, insert the following: 

TITLE IX—SCHOOLS OF THE FUTURE 

ACT 

SEC. 901. SHORT TITLE. 

This title may be cited as the ‘‘Schools of the Future Act’’. 

SEC. 902. FINDINGS. 

The Congress finds the following: 

(1) Digital learning technology holds the promise of transforming rural education by removing barriers of distance and 

increasing school capacity. 

(2) While many large urban local educational agencies are at 

the forefront of implementing new digital learning innovations, 

it is often harder for smaller and more rural local educational 

agencies to access these tools. Smaller local educational agencies with less capacity may also find it more difficult to provide 

the training needed to effectively implement new digital learning technologies. 

(3) Despite the potential of digital learning in rural areas, 

these advancements risk bypassing rural areas without support for their implementation. Rather than having schools and 

local educational agencies apply digital learning innovations 

designed for urban environments to rural areas, it is important 

that digital learning technologies be developed and implemented in ways that reflect the unique needs of rural areas. 


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(4) Digital learning is rapidly expanding, and new tools for 

improving teaching and learning are being developed every 

day. A growing demand for digital learning tools and products 

has made rigorous evaluation of their effectiveness increasingly 

important, as this information would allow school and local 

educational agency leaders to make informed choices about 

how best to use these tools to improve student achievement 

and educational outcomes. 

(5) High-quality digital learning increases student access to 

courses that may not have been available to students in rural 

communities, increasing their college and career readiness. 

SEC. 903. PROGRAM AUTHORIZED. 

(a) GRANTS TO ELIGIBLE PARTNERSHIPS.—From the amounts appropriated to carry out this title, the Secretary of Education is authorized to award grants, on a competitive basis, to eligible partnerships to carry out the activities described in section 906. 

(b) DURATION OF GRANT.—A grant under subsection (a) shall be 

awarded for not less than a 3-year and not longer than a 5-year 

period. 

(c) FISCAL AGENT.—If an eligible partnership receives a grant 

under this title, a school partner in the partnership shall serve as 

the fiscal agent for the partnership. 

SEC. 904. APPLICATION. 

An eligible partnership desiring a grant under this title shall 

submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, 

which shall include the following: 

(1) A description of the eligible partnership, including the 

name of each of the partners and their respective roles and responsibilities. 

(2) A description of the technology-based learning practice, 

tool, strategy, or course that the eligible partnership proposes 

to develop or implement using the grant funds. 

(3) An assurance that all teachers of record hold the relevant 

license and are otherwise qualified to implement any technology-based practice, tool, strategy, or course using the grant 

funds. 

(4) An assurance that all students in a class or school implementing a practice, tool, strategy or course using the grant 

funds will have access to any equipment necessary to participate on a full and equitable basis. 

(5) An assurance that the proposed uses of smartphones, 

laptops, tablets, or other devices susceptible to inappropriate 

use have the informed consent of parents or guardians and are 

not inconsistent with any policies of the local educational agency on the use of such devices. 

(6) Information relevant to the selection criteria under section 905(c). 

(7) A description of the evaluation to be undertaken by the 

eligible partnership, including— 

(A) how the school partner and the evaluation partner 

will work together to implement the practice, tool, strategy, or course in such a way that permits the use of a rigorous, independent evaluation design that meets the 


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standards of the What Works Clearinghouse of the Institute of Education Sciences; and 

(B) a description of the evaluation design that meets 

such standards, which will be used to measure any significant effects on the outcomes described in paragraphs (1) 

through (3) of section 907(a). 

(8) An estimate of the number of students to be reached 

through the grant and evidence of its capacity to reach the proposed number of students during the course of the grant. 

(9) Any other information the Secretary may require. 

SEC. 905. APPLICATION REVIEW AND AWARD BASIS. 

(a) PEER REVIEW.—The Secretary shall use a peer review process 

to review applications for grants under this title. The Secretary 

shall appoint individuals to the peer review process who have relevant expertise in digital learning, research and evaluation, standards quality and alignment, and rural education. 

(b) AWARD BASIS.—In awarding grants under this title, the Secretary shall ensure, to the extent practicable, diversity in the type 

of activities funded under the grants. 

(c) SELECTION CRITERIA.—In evaluating an eligible partnership’s 

application for a grant under this title, the Secretary shall consider— 

(1) the need for the proposed technology-based learning practice, tool, strategy, or course; 

(2) the quality of the design of the proposed practice, tool, 

strategy, or course; 

(3) the strength of the existing research evidence with respect to such practice, tool, strategy, or course; 

(4) the experience of the eligible partnership; and 

(5) the quality of the evaluation proposed by the eligible 

partnership. 

(d) DEDICATED FUNDING FOR FRINGE RURAL, DISTANT RURAL, 

AND REMOTE RURAL SCHOOLS.—Not less than 50 percent of the 

grant funds awarded under this title shall be awarded to eligible 

partnerships that provides assurances that the school partners in 

the eligible partnership will ensure that each school to be served 

by the grant is designated with a school locale code of Fringe 

Rural, Distant Rural, or Remote Rural, as determined by the Secretary. 

SEC. 906. USE OF FUNDS. 

(a) REQUIRED USE OF FUNDS.— 

(1) IN GENERAL.—An eligible partnership receiving a grant 

under this title shall use such funds to implement and evaluate the results of technology-based learning practices, strategies, tools, or courses, including the practices, strategies, tools, 

or courses identified under paragraphs (2) through (6). 

(2) TOOLS AND COURSES DESIGNED TO PERSONALIZE THE

LEARNING EXPERIENCE.—Technology-based tools and courses 

identified under this paragraph include the following types of 

tools and courses designed to personalize the learning experience: 

(A) Technology-based personalized instructional systems. 

(B) Adaptive software, games, or tools, that can be used 

to personalize learning. 


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(C) Computer-based tutoring courses to help struggling 

students. 

(D) Games, digital tools, and smartphone or tablet applications to improve students’ engagement, focus, and time 

on task. 

(E) Other tools and courses designed to personalize the 

learning experience. 

(3) PRACTICES AND STRATEGIES DESIGNED TO AID AND INFORM

INSTRUCTION.—Technology-based practices and strategies identified under this paragraph include the following types of practices and strategies designed to aid and inform instruction: 

(A) Adaptive software, games, or tools that can be used 

for the purpose of formative assessment. 

(B) Web resources that provide teachers and their students access to instructional and curricular materials that 

are— 

(i) aligned with high-quality standards; and 

(ii) designed to prepare students for college and a 

career, such as a repository of primary historical 

sources for use in history and civics courses or examples of developmentally appropriate science experiments. 

(C) Online professional development opportunities, 

teacher mentoring opportunities, and professional learning 

communities. 

(D) Tools or web resources designed to address specific 

instructional problems. 

(E) Other practices and strategies designed to personalize the learning experience. 

(4) TOOLS, COURSES, AND STRATEGIES DESIGNED TO IMPROVE

THE ACHIEVEMENT OF STUDENTS WITH SPECIFIC EDUCATIONAL

NEEDS.—Technology-based tools, courses, and strategies identified under this paragraph include the following types of tools, 

courses, and strategies designed to meet the needs of students 

with specific educational needs: 

(A) Digital tools specifically designed to meet the needs 

of students with a particular disability. 

(B) Online courses that give students who are not on 

track to graduate or have already dropped out of school 

the opportunity for accelerated credit recovery. 

(C) Language instruction courses, games, or software designed to meet the needs of English language learners. 

(D) Other tools, courses, and strategies designed to personalize the learning experience. 

(5) TOOLS, COURSES, AND STRATEGIES DESIGNED TO HELP STUDENTS DEVELOP 21ST CENTURY SKILLS.—Technology-based tools, 

courses, and strategies identified under this paragraph include 

peer-to-peer virtual learning opportunities to be used for the 

purposes of project-based learning, deeper learning, and collaborative learning, and other tools, courses, and strategies designed to help students develop 21st century skills, such as the 

ability to think critically and solve problems, be effective communicators, collaborate with others, and learn to create and innovate. 


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(6) TECHNOLOGY-BASED OR ONLINE COURSES THAT ALLOW STUDENTS TO TAKE COURSES THAT THEY WOULD NOT OTHERWISE

HAVE ACCESS TO.—Technology-based or online courses identified under this paragraph include courses or collections of 

courses approved by the applicable local educational agency or 

State educational agency that provide students with access to 

courses that they would not otherwise have access to, such as 

the following: 

(A) An online repository of elective courses. 

(B) Online or software-based courses in foreign languages, especially in languages identified as critical or in 

schools where a teacher is not available to teach the language or course level a student requires. 

(C) Online advanced or college-level courses that can be 

taken for credit. 

(b) AUTHORIZED USE OF FUNDS.—An eligible partnership receiving a grant under this title may use grant funds to— 

(1) develop or implement the technology for technology-based 

learning strategies, practices, courses, or tools to be carried out 

under the grant; 

(2) purchase hardware or software needed to carry out such 

strategies, practices, courses, or tools under the grant, except 

that such purchases may not exceed 50 percent of total grant 

funds; 

(3) address the particular needs of student subgroups, including students with disabilities and English-language learners; 

(4) provide technology-based professional development or 

professional development on how to maximize the utility of 

technology; and 

(5) address issues of cost and capacity in rural areas and 

shortage subjects. 

(c) SUPPLEMENTATION.—An eligible partnership that receives a 

grant under this title shall use the grant funds to supplement, not 

supplant, the work of teachers with students, and may not use 

such funds to reduce staffing levels for the school partners in the 

eligible partnership. 

(d) TEACHER OF RECORD.—For each student in a class or school 

implementing a practice, tool, strategy, or course using grant funds 

provided under this title, there shall be a teacher of record, holding 

the relevant certification or license, and otherwise qualified to implement any digitally-based practice, tool, strategy or course using 

the grant funds. An eligible partnership shall use grant funds provided under this title, and shall determine the extent and nature 

of pedagogical uses of digital tools, in a manner that is consistent 

with the judgments of teachers of record about what is developmentally appropriate for students. 

SEC. 907. DATA COLLECTION AND EVALUATION. 

(a) IN GENERAL.—Each eligible partnership receiving a grant 

under this title shall require its evaluation partner to complete an 

independent, comprehensive, well-designed, and well-implemented 

evaluation that meets the standards of the What Works Clearinghouse after the third year of implementation of the grant to measure the effect of the practice, tool, strategy, or course on— 


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(1) growth in student achievement, as measured by high 

quality assessments that provide objective, valid, reliable 

measures of student academic growth and information on 

whether a student is on-track to graduate ready for college and 

career; 

(2) costs and savings to the school partner; and 

(3) at least one of the following: 

(A) Student achievement gaps. 

(B) Graduation and dropout rates. 

(C) College enrollment. 

(D) College persistence. 

(E) College completion. 

(F) Placement in a living-wage job. 

(G) Enhanced teacher or principal effectiveness as measured by valid, reliable, and multiple measures of student 

achievement and other appropriate measures. 

(b) EVALUATION.—The Secretary shall— 

(1) acting through the Director of the Institute of Education 

Sciences— 

(A) evaluate the implementation and impact of the activities supported under the grant program authorized 

under this section; and 

(B) identify best practices; and 

(2) disseminate, in consultation with the regional educational 

laboratories established under part D of the Education 

Sciences Reform Act of 2002 and comprehensive centers established under the Educational Technical Assistance Act of 2002, 

research on best practices in school leadership. 

(c) IMPLEMENTATION EVALUATION.—An evaluation partner may 

use funds under this title to carry out an implementation evaluation designed to provide information that may be useful for schools, 

local educational agencies, States, consortia of schools, and charter 

school networks seeking to implement similar practices, tools, 

strategies, or courses in the future. 

(d) PUBLICATION OF RESULTS.—Upon completion of an evaluation 

described in subsection (a), (b), or (c) the evaluation partner shall— 

(1) submit a report of the results of the evaluation to the 

Secretary; and 

(2) make publicly available such results. 

SEC. 908. DEFINITIONS. 

In this title: 

(1) ELIGIBLE PARTNERSHIP.—The term ‘‘eligible partnership’’ 

means a partnership that includes a school partner and not 

less than 1— 

(A) digital learning partner, except that in a case in 

which a school partner or evaluation partner demonstrates 

expertise in digital learning to the Secretary; and 

(B) evaluation partner. 

(2) SCHOOL PARTNER.—The term ‘‘school partner’’ means a— 

(A) local educational agency; 

(B) a charter school network that does not include virtual schools; 

(C) a consortium of public elementary schools or secondary schools; 


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(D) a regional educational service agency or similar regional educational service provider; or 

(E) a consortium of the entities described in subparagraphs (A) through (D). 

(3) DIGITAL LEARNING PARTNER.—The term ‘‘digital learning 

partner’’ means an organization with expertise in the technology required to develop or implement the digital learning 

practices, tools, strategies, or courses proposed by the school 

partner with which the digital learning partner will partner or 

has partnered under this title, such as— 

(A) an institution of higher education; 

(B) a nonprofit organization; or 

(C) an organization with school development or turnaround experience. 

(4) EVALUATION PARTNER.—The term ‘‘evaluation partner’’ 

means a partner that has the expertise and ability to carry out 

the evaluation of a grant received under this title, such as— 

(A) an institution of higher education; 

(B) a nonprofit organization with expertise in evaluation; 

or 

(C) an evaluation firm. 

(5) INSTITUTION OF HIGHER EDUCATION.—The term ‘‘institution of higher education’’ has the meaning given the term in 

section 102 of the Higher Education Act of 1965 (20 U.S.C. 

1002). 

(6) LOCAL EDUCATIONAL AGENCY.—The term ‘‘local educational agency’’ has the meaning given the term in section 

9101 of the Elementary and Secondary Education Act of 1965 

(20 U.S.C. 7801). 

(7) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of Education. 

41. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE MENG OF

NEW YORK OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of the bill, add the following new title: 

TITLE IX—EARLY CHILDHOOD EDUCATION PROFESSIONAL IMPROVEMENT 

SEC. 901. SHORT TITLE. 

This title may be cited as the ‘‘Early Childhood Education Professional Improvement Act of 2015’’. 

SEC. 902. PURPOSE. 

The purpose of this title is to provide assistance to States to improve the knowledge, credentials, compensation, and professional 

development of early childhood educators working with children in 

early childhood education programs. 

SEC. 903. DEFINITIONS. 

In this title: 

(1) The term ‘‘early childhood education program’’ means a 

Head Start Program carried out under the Head Start Act (42 


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U.S.C. 9831 et seq.), a State-funded prekindergarten program, 

a licensed child care serving prekindergarten children, and 

special education preschool. 

(2) The term ‘‘institution of higher education’’ has the meaning given the term in section 101(a) of the Higher Education 

Act of 1965 (20 U.S.C. 1001(a)). 

SEC. 904. PROGRAM AUTHORIZED. 

The Secretary of Education, in consultation with the Secretary of 

Health and Human Services, is authorized to award grants to 

States to implement and administer the activities described in section 906. 

SEC. 905. APPLICATIONS. 

(a) IN GENERAL.—Each State desiring a grant under this title 

shall submit an application to the Secretary of Education at such 

time, in such manner, and accompanied by such information as the 

Secretary may reasonably require. 

(b) CONTENTS.—Each application submitted under subsection (a) 

shall include a description of the State’s comprehensive early childhood professional development system, including the following: 

(1) A description of how the State’s system was developed in 

collaboration with the State Advisory Council on Early Childhood Education and Care designated or established under section 642B of the Head Start Act, the State agency responsible 

for administering childcare, the State Head Start collaboration 

director, the State educational agency, institutions of higher 

education, organizations that represent early childhood educators, and credible early childhood education professional organizations. 

(2) A designation of a State agency to administer the grant 

program. 

(3) A description of how the State’s system provides— 

(A) an oversight structure for the system; 

(B) professional standards and competencies; 

(C) a career lattice; 

(D) coordination with State higher education agencies, 

higher education accrediting bodies, and accredited twoand four-year institutions of higher education; 

(E) encouragement of articulation agreements between 

two- and four-year institutions of higher education and 

credit-bearing opportunities and articulation agreements 

that recognize prior learning and expertise; 

(F) more accessible higher education for working learners through offering of college courses at accessible time 

and locations, with particular attention to rural areas; 

(G) support to adult learners who are dual language 

learners, or come from low-income or minority communities; 

(H) use of workforce data to assess the State’s workforce 

needs; and 

(I) its financing over time. 

SEC. 906. STATE USE OF FUNDS. 

A State that receives a grant under this title shall ensure that 

grant funds are used to carry out the following: 


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(1) To provide scholarships to cover the costs of tuition, fees, 

materials, transportation, paid substitutes, and release time 

for preschool teachers employed in an early childhood education program to pursue a bachelor’s degree in early childhood 

education or a closely related field. 

(2) To support preschool teachers employed in an early childhood education program, and who have obtained a bachelor’s 

degree in a field other than early childhood education or a 

closely related field, to attain a credential, licensure, or endorsement that demonstrates competence in early childhood 

education. 

(3) To increase compensation for teachers who are enrolled 

and making progress toward a degree in early childhood education and to provide parity of compensation upon completion 

of such degree and retention in the early childhood education 

program. 

(4) To provide ongoing professional development opportunities to preschool teachers and teacher assistants employed in 

an early childhood education program that address— 

(A) all areas of child development and learning (cognitive, social, emotional, and physical); 

(B) teacher-child interaction; 

(C) family engagement; and 

(D) cultural competence for working with a diversity of 

children (including children with special needs and dual 

language learners) and families. 

SEC. 907. SUPPLEMENT NOT SUPPLANT. 

Grant funds provided under this title shall supplement, and not 

supplant, other Federal, State, and local funds that are available 

for early childhood educator preparation and professional development. 

SEC. 908. MAINTENANCE OF EFFORT. 

A State that receives funds under this title for a fiscal year shall 

maintain the fiscal effort provided by the State for the activities 

supported by the funds under this title at a level equal to or greater than the level of such fiscal effort for the preceding fiscal year. 

SEC. 909. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated to carry out this title 

such sums as may be necessary for fiscal years 2016 through 2021. 

42. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE SCHRA- DER OF OREGON OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Add at the end the following new section: 

SEC. 802. PILOT GRANT PROGRAM TO SUPPORT CAREER AND TECHNICAL EDUCATION EXPLORATION PROGRAM IN MIDDLE 

SCHOOLS AND HIGH SCHOOLS. 

(a) PURPOSES.—The purposes of this section are the following: 

(1) To provide students with opportunities to participate in 

career and technical education exploration programs and to 

provide information on available career and technical education programs and their impact on college and career readiness. 


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(2) To expand professional growth of, and career opportunities for, students through career and technical education exploration programs. 

(3) To enhance collaboration between education providers 

and employers. 

(4) To develop or enhance career and technical education exploration programs with ties to a career and technical education program of study. 

(5) To evaluate students’ participation in coordinated middle 

school and high school career and technical education exploration programs. 

(b) DEFINITIONS.—In this section: 

(1) CAREER AND TECHNICAL EDUCATION EXPLORATION PROGRAM.—The term ‘‘career and technical education exploration 

program’’ means a course or series of courses that provides experiential learning opportunities in 1 or more programs of 

study (including after school and during the summer), as appropriate, and the opportunity to connect experiential learning 

to education and career pathways that is offered to middle 

school students or high school students, or both. 

(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of Education. 

(c) AUTHORIZATION OF GRANT PROGRAM.— 

(1) IN GENERAL.—The Secretary shall award grants to local 

educational agencies to support career and technical education 

exploration programs. 

(2) GRANT DURATION.—Grants awarded under this section 

shall be 2 years in duration. 

(3) DISTRICT CAPACITY TAKEN INTO ACCOUNT.—In awarding 

grants under paragraph (1), the Secretary shall take into account the resources and capacity of each local educational 

agency that applies for a grant. 

(d) APPLICATIONS.—A local educational agency that desires to receive a grant under this section shall submit an application to the 

Secretary at such time, in such manner, and accompanied by such 

information as the Secretary may require. 

(e) PRIORITY.—In awarding grants under this section, the Secretary shall give priority to grant proposals that— 

(1) demonstrate— 

(A) that a partnership among the local educational agency and business, industry, labor, or institutions of higher 

education, where appropriate to the grant project, exists 

and will participate in carrying out grant activities under 

this section; 

(B) innovative and sustainable design; 

(C) a curriculum aligned with State diploma requirements; 

(D) a focus on preparing students, including special populations and nontraditional students, with opportunities to 

explore careers and skills required for jobs in their State 

and that provide high wages and are in demand; 

(E) a method of evaluating success; and 

(F) that the programs to be assisted with grant funds 

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reer and Technical Education Act of 2006 (20 U.S.C. 2301 

et seq.); and 

(2) include an assurance that— 

(A) the local educational agency will fund the operational costs of the activities described in this section after 

the grant period expires; and 

(B) if the local educational agency charges a fee to participate in the after school and summer components of the 

career and technical education exploration program to be 

carried out by the agency, the agency will implement such 

fee on a sliding scale according to income and established 

in a manner that makes participation financially feasible 

for all students. 

(f) USES OF FUNDS.— 

(1) IN GENERAL.—A local educational agency that receives a 

grant under this section shall use the grant funds to carry out 

any of the following: 

(A) Leasing, purchasing, upgrading, or adapting equipment related to the content of career and technical education exploration program activities. 

(B) Program director, instructor, or other staff expenses 

to coordinate or implement program activities. 

(C) Consultation services with a direct alignment to the 

program goals. 

(D) Support of professional development programs 

aligned to the program goals. 

(E) Minor remodeling, if any, necessary to accommodate 

new equipment obtained pursuant to subparagraph (A). 

(F) Evaluating the access to career and technical education exploration programs and the impact such programs 

have on the transition to career and technical programs of 

study (as described in section 122(c)(1)(A) of the Carl D. 

Perkins Career and Technical Education Act of 2006 (20 

U.S.C. 2342(c)(1)(A))), or other postsecondary programs of 

study, high school completion, and the number of students 

who earn an industry-recognized credential, associate’s degree, bachelor’s degree, or other career and technical education related postsecondary credit in addition to a high 

school diploma. 

(2) USE AND OWNERSHIP OF MATERIALS OR EQUIPMENT.—Any 

materials or equipment purchased with grant funds awarded 

under this section shall be the property of the local educational 

agency. 

(3) ADMINISTRATIVE COSTS.—A local educational agency that 

receives a grant under this section may use not more than 5 

percent of the grant funds for administrative costs associated 

with carrying out activities under this section. 

(g) EVALUATIONS.— 

(1) IN GENERAL.—A local educational agency that receives a 

grant under this section shall develop an evaluation plan of 

grant activities that shall include an evaluation of specific outcomes, described in paragraph (2), and progress toward meeting such outcomes within the timeline of the grant that shall 

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mented through other records. Such evaluation shall reflect the 

resources and capacity of the local educational agency. 

(2) OUTCOMES.—The specific outcomes shall clearly address 

the following areas: 

(A) The extent of student participation in career and 

technical education exploration programs. 

(B) Improved rigor in technical or academic content 

aligned to diploma requirements and industry recognized 

technical standards. 

(C) Improved alignment between career and technical 

education and other courses, including core academic subjects. 

(D) The impact such programs have on the transition to 

career and technical programs of study (as described in 

section 122(c)(1)(A) of the Carl D. Perkins Career and 

Technical Education Act of 2006 (20 U.S.C. 2342(c)(1)(A))) 

and other postsecondary programs of study. 

(3) SUBMISSION TO THE DEPARTMENT.—A local educational 

agency that receives a grant under this section shall submit 

evaluations conducted under this subsection to the Secretary. 

(h) SUPPLEMENT NOT SUPPLANT.—Funds received under this section shall be used to supplement, and not supplant, funds that 

would otherwise be used for activities authorized under this section. 

(i) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 

be appropriated to carry out this section $20,000,000. 

43. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE THOMPSON OF MISSISSIPPI OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 620, after line 8, insert the following: 

SEC. 802. DELAY OF EFFECTIVE DATE. 

Notwithstanding any other provision of this Act or the amendments made by this Act, this Act, and the amendments made by 

this Act, shall not take effect until the Secretary of Education— 

(1) determines that the enactment of this Act, and the 

amendments made by this Act, will not decrease the college 

and career readiness of students who are racial or ethnic minority, students with disabilities, English learners, and low-income students; and 

(2) provides written notification to Congress on such determination. 

44. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE SCOTT OF

VIRGINIA OR HIS DESIGNEE, DEBATABLE FOR 20 MINUTES

Strike the text and insert the following: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Student Success Act’’. 

SEC. 2. REFERENCES. 

Except as otherwise expressly provided, whenever in this Act an 

amendment or repeal is expressed in terms of an amendment to, 


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or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.). 

SEC. 3. TABLE OF CONTENTS. 

The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. References. 

Sec. 3. Table of contents. 

TITLE I—IMPROVING THE ACADEMIC ACHIEVEMENT OF THE 

DISADVANTAGED 

Sec. 101. Statement of purpose. 

Sec. 102. Authorization of appropriations. 

Sec. 103. State plans. 

Sec. 104. Eligible school attendance areas. 

Sec. 105. Academic assessment and local educational agency and school improvement; school support and recognition. 

Sec. 106. Parental involvement. 

Sec. 107. Paraprofessionals. 

Sec. 108. Comparable allocation of expenditures. 

Sec. 109. Coordination requirements. 

Sec. 110. Treatment of the outlying areas and Bureau of Indian Education Schools. 

Sec. 111. Support for high-quality assessments. 

Sec. 112. State agency programs. 

Sec. 113. Foster Youth. 

Sec. 114. School dropout prevention. 

TITLE II—TEACHERS AND LEADERS 

Sec. 201. Great teachers and leaders. 

Sec. 202. HEA conforming amendments. 

TITLE III—LANGUAGE INSTRUCTION FOR LIMITED ENGLISH PROFICIENT 

AND IMMIGRANT STUDENTS 

Sec. 301. Language instruction. 

TITLE IV—21ST CENTURY SCHOOLS 

Sec. 401. 21st Century schools. 

TITLE V—WELL-ROUNDED STUDENTS AND ENGAGED FAMILIES 

Subtitle A—Public Charter Schools 

Sec. 501. Subpart heading; Purpose. 

Sec. 502. Program authorized. 

Sec. 503. Grants to support high-quality charter schools. 

Sec. 504. Facilities Financing Assistance. 

Sec. 505. National activities. 

Sec. 506. Records transfer. 

Sec. 507. Definitions. 

Sec. 508. Authorization of appropriations. 

Sec. 509. Conforming amendments. 

Subtitle B—Magnet Schools 

Sec. 510. Duration of award; accountability. 

Sec. 511. Authorization of appropriations; reservation. 

Subtitle C—Fund for the Improvement of Education 

Sec. 512. Fund for the Improvement of Education. 

Subtitle D—Family Engagement in Education Programs 

Sec. 521. Family engagement in education programs. 

Subtitle E—Fast Track to College 

Sec. 531. Short title. 

Sec. 532. Purpose. 

Sec. 533. Definitions. 


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Sec. 534. Authorization of appropriations; reservations. 

Sec. 535. Authorized program. 

Sec. 536. Uses of funds. 

Sec. 537. Application. 

Sec. 538. Peer review. 

Sec. 539. Grants to States. 

Sec. 540. Reporting and oversight. 

Sec. 541. Rules of construction. 

TITLE VI—FLEXIBILITY AND ACCOUNTABILITY 

Sec. 601. Flexibility and accountability. 

TITLE VII—INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION 

Sec. 701. In general. 

Subtitle A—Indian Education 

Sec. 711. Purpose. 

PART 1—FORMULA GRANTS TO LOCAL EDUCATIONAL AGENCIES

Sec. 721. Formula grant purpose. 

Sec. 722. Grants to local educational agencies, tribes, and indian organizations. 

Sec. 723. Amount of grants. 

Sec. 724. Applications. 

Sec. 725. Authorized services and activities. 

Sec. 726. Student eligibility forms. 

Sec. 727. Technical assistance. 

Sec. 728. Improvement of educational opportunities for Indian children. 

PART 2—SPECIAL PROGRAMS AND PROJECTS TO IMPROVE EDUCATIONAL

OPPORTUNITIES FOR INDIAN CHILDREN

Sec. 731. Professional development for teachers and education professionals. 

PART 3—NATIONAL ACTIVITIES

Sec. 741. National activities. 

Sec. 742. Improvement of academic success for students through Native American 

language. 

Subtitle B—Native Hawaiian Education; Alaska Native Education 

Sec. 751. Native Hawaiian education and Alaska Native education. 

Sec. 752. Findings. 

Sec. 753. Purposes. 

Sec. 754. Native Hawaiian Education Council grant. 

Sec. 755. Grant program authorized. 

Sec. 756. Administrative provisions; authorization of appropriations. 

Sec. 757. Definitions. 

Sec. 758. Alaska Native education. 

TITLE VIII—IMPACT AID 

Sec. 801. Purpose. 

Sec. 802. Payments relating to Federal acquisition of real property. 

Sec. 803. Payments for eligible federally connected children. 

Sec. 804. Policies and procedures relating to children residing on Indian lands. 

Sec. 805. Application for payments under sections 8002 and 8003. 

Sec. 806. Construction. 

Sec. 807. Facilities. 

Sec. 808. State consideration of payments providing State aid. 

Sec. 809. Administrative hearings and judicial review. 

Sec. 810. Definitions. 

Sec. 811. Authorization of appropriations. 

Sec. 812. Conforming amendments. 

TITLE IX—GENERAL PROVISIONS 

Sec. 900. General amendments. 

Subtitle A—Protecting Students From Sexual and Violent Predators 

Sec. 901. Background checks. 

Sec. 902. Conforming amendment. 


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Subtitle B—Evaluation Authority 

Sec. 911. Evaluation authority. 

Subtitle C—Keeping All Students Safe 

Sec. 911. Keeping All Students Safe. 

Subtitle D—Protecting Student Athletes From Concussions 

Sec. 931. Protecting Student Athletes from Concussions. 

TITLE X—EDUCATION FOR HOMELESS CHILDREN AND YOUTHS 

Sec. 1001. Education for Homeless Children and Youths. 

TITLE XI—PREKINDERGARTEN ACCESS 

Subtitle A—Access to Voluntary Prekindergarten for Low- and Moderate-Income 

Families 

Sec. 1111. Purposes. 

Sec. 1112. Definitions. 

Sec. 1113. Program authorization. 

Sec. 1114. Allotments and reservations of funds. 

Sec. 1115. State eligibility criteria. 

Sec. 1116. State applications. 

Sec. 1117. State use of funds. 

Sec. 1118. Additional prekindergarten services. 

Sec. 1119. Performance measures and targets. 

Sec. 1120. Matching requirements. 

Sec. 1121. Eligible local entity applications. 

Sec. 1122. Required subgrant activities. 

Sec. 1123. Report and evaluation. 

Sec. 1124. Prohibition of required participation or use of funds for assessments. 

Sec. 1125. Coordination with Head Start programs. 

Sec. 1126. Technical assistance in program administration. 

Sec. 1127. Authorization of appropriations. 

Subtitle B—Prekindergarten Development Grants 

Sec. 1151. Prekindergarten development grants. 

TITLE I—IMPROVING THE ACADEMIC 

ACHIEVEMENT OF THE DISADVANTAGED 

SEC. 101. STATEMENT OF PURPOSE. 

Section 1001 (20 U.S.C. 6301) is amended to read as follows: 

‘‘SEC. 1001. STATEMENT OF PURPOSE. 

‘‘The purpose of this title is to ensure that all children have a 

fair, equal, and significant opportunity to obtain a high-quality 

education and to graduate ready to succeed in college and the 

workforce by— 

‘‘(1) meeting the educational needs of low-achieving children 

in our Nation’s highest-poverty schools, English learners, migrant children, children with disabilities, Indian children, and 

neglected or delinquent children; 

‘‘(2) ensuring high-quality college and career ready standards, academic assessments, accountability systems, teacher 

and school leader preparation and training, curriculum, and instructional materials are developed and implemented to prepare students to compete in the global economy; 

‘‘(3) closing the achievement gap between high- and low-performing children, especially between minority and nonminority 


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students and between disadvantaged children and their more 

advantaged peers; 

‘‘(4) holding schools, local educational agencies, and States 

accountable for improving the academic achievement for all 

students including the mastery of content knowledge and the 

ability to think critically, solve problems, and communicate effectively, ensuring all students graduate ready to succeed in 

college and the workforce; 

‘‘(5) distributing and targeting resources to support local educational agencies and schools with the greatest needs to close 

the educational opportunity gap between low-income students 

and their more affluent peers; 

‘‘(6) improving and maintaining accountability for student 

achievement, graduation rates, and resource equity while increasing local flexibility and authority to improve schools; and 

‘‘(7) ensuring parents have substantial and meaningful opportunities to participate in the education of their children.’’. 

SEC. 102. AUTHORIZATION OF APPROPRIATIONS. 

Section 1002 (20 U.S.C. 6302) is amended— 

(1) by amending subsection (a) to read as follows: 

‘‘(a) LOCAL EDUCATIONAL AGENCY GRANTS.—For the purpose of 

carrying out part A, there are authorized to be appropriated 

$30,000,000,000 for fiscal year 2016 and such sums as may be necessary for each of the 5 succeeding fiscal years.’’; 

(2) in subsection (c)— 

(A) by striking ‘‘$410,000,000’’ and inserting 

‘‘$500,000,000’’; and 

(B) by striking ‘‘2002’’ and inserting ‘‘2016’’; and 

(3) in subsection (d)— 

(A) by striking ‘‘$50,000,000’’ and inserting 

‘‘$55,000,000’’; and 

(B) by striking ‘‘2002’’ and inserting ‘‘2016’’. 

SEC. 103. STATE PLANS. 

Section 1111 (20 U.S.C. 6311) is amended to read as follows: 

‘‘SEC. 1111. STATE PLAN. 

‘‘(a) PLANS REQUIRED.— 

‘‘(1) IN GENERAL.—For any State desiring to receive a grant 

under this part, the State educational agency shall submit to 

the Secretary a plan, developed by the State educational agency, in consultation with representatives of local educational 

agencies, teachers, school leaders, specialized instructional 

support personnel, early childhood education providers, parents, community organizations, communities representing underserved populations, and Indian tribes, that satisfies the requirements of this section, and that is coordinated with other 

programs of this Act, the Individuals with Disabilities Education Act, the Carl D. Perkins Career and Technical Education Act of 2006, the Head Start Act, the Adult Education 

and Family Literacy Act, and the McKinney-Vento Homeless 

Assistance Act. 

‘‘(2) CONSOLIDATED PLAN.—A State plan submitted under 

paragraph (1) may be submitted as a part of a consolidated 

plan under section 9302. 


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‘‘(b) COLLEGE AND CAREER READY CONTENT STANDARDS, ASSESSMENTS, AND ACHIEVEMENT STANDARDS.— 

‘‘(1) GENERAL REQUIREMENTS.—Each State plan shall include 

evidence that the State’s college and career ready content 

standards, assessments, and achievement standards under this 

subsection are— 

‘‘(A) vertically aligned from kindergarten through grade 

12; and 

‘‘(B) developed and implemented to ensure that proficiency in the content standards will signify that a student is on-track to graduate prepared for— 

‘‘(i) according to written affirmation from the State’s 

public institutions of higher education, placement in 

credit-bearing, nonremedial courses at the 2-and 4- 

year public institutions of higher education in the 

State; and 

‘‘(ii) success on relevant State career and technical 

education standards. 

‘‘(2) COLLEGE AND CAREER READY CONTENT STANDARDS.— 

‘‘(A) IN GENERAL.—Each State plan shall demonstrate 

that, not later than the 2015–2016 school year the State 

educational agency will adopt and implement high-quality, 

college and career ready content standards that comply 

with this paragraph. 

‘‘(B) SUBJECTS.—The State educational agency shall 

have such high-quality, academic content standards for 

students in kindergarten through grade 12 for, at a minimum, English language arts, math, and science. 

‘‘(C) ELEMENTS.—College and career ready content 

standards under this paragraph shall— 

‘‘(i) be developed through participation in a State-led 

process that engages— 

‘‘(I) kindergarten through-grade-12 education 

experts (including teachers and school leaders); 

and 

‘‘(II) representatives of institutions of higher 

education, the business community, and the early 

learning community; 

‘‘(ii) be rigorous, internationally benchmarked, and 

evidence-based, requiring students to demonstrate the 

ability to think critically, solve problems, and communicate effectively; 

‘‘(iii) be either— 

‘‘(I) validated, including through written affirmation from the State’s public institutions of higher education, to ensure that proficiency in the content standards will signify that a student is ontrack to graduate prepared for— 

‘‘(aa) placement in credit-bearing, nonremedial courses at the 2-and 4-year public 

institutions of higher education in the State; 

and 

‘‘(bb) success on relevant State career and 

technical education standards; or 


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‘‘(II) State-developed and voluntarily adopted by 

a significant number of States; 

‘‘(iv) for standards from kindergarten through grade 

3, reflect progression in how children develop and 

learn the requisite skills and content from earlier 

grades (including preschool) to later grades; and 

‘‘(v) apply to all schools and students in the State. 

‘‘(D) ENGLISH LANGUAGE PROFICIENCY STANDARDS.—Each 

State educational agency shall develop and implement 

statewide, high-quality English language proficiency 

standards that— 

‘‘(i) are aligned with the State’s academic content 

standards; 

‘‘(ii) reflect the academic language that is required 

for success on the State educational agency’s academic 

content assessments; 

‘‘(iii) predict success on the applicable grade level 

English language arts content assessment; 

‘‘(iv) ensure proficiency in each of the domains of 

speaking, listening, reading, and writing in the appropriate amount of time; and 

‘‘(v) address the different proficiency levels of 

English learners. 

‘‘(E) EARLY LEARNING STANDARDS.—The State educational agency shall, in collaboration with the State agencies responsible for overseeing early care and education 

programs and the State early care and education advisory 

council, develop and implement early learning standards 

across all major domains of development for preschoolers 

that— 

‘‘(i) demonstrate alignment with the State academic 

content standards; 

‘‘(ii) are implemented through dissemination, training, and other means to applicable early care and education programs; 

‘‘(iii) reflect research and evidence-based developmental and learning expectations; 

‘‘(iv) inform teaching practices and professional development and services; and 

‘‘(v) for preschool age children, appropriately assist 

in the transition to kindergarten. 

‘‘(F) ASSURANCE.—Each State plan shall include an assurance that the State has implemented the same content 

standards for all students in the same grade and does not 

have a policy of using different content standards for any 

student subgroup. 

‘‘(3) HIGH-QUALITY ASSESSMENTS.— 

‘‘(A) IN GENERAL.—Each State plan shall demonstrate 

that the State educational agency will adopt and implement high-quality assessments in English language arts, 

math, and science not later than the 2016–2017 school 

year that comply with this paragraph. 

‘‘(B) ELEMENTS.—Such assessments shall— 

‘‘(i) be valid, reliable, appropriate, and of adequate 

technical quality for each purpose required under this 


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Act, and be consistent with relevant, nationally recognized professional and technical standards; 

‘‘(ii) measure the knowledge and skills necessary to 

demonstrate proficiency in the academic content 

standards under paragraph (2) for the grade in which 

the student is enrolled; 

‘‘(iii) be developed as part of a system of assessments providing data (including individual student 

achievement data and individual student growth 

data), that shall be used to improve teaching, learning, 

and program outcomes; 

‘‘(iv) be used in determining the performance of each 

local educational agency and school in the State in accordance with the State’s accountability system under 

subsection (c); 

‘‘(v) provide an accurate measure of— 

‘‘(I) student achievement at all levels of student 

performance; and 

‘‘(II) student academic growth; 

‘‘(vi) allow for complex demonstrations or applications of knowledge and skills including the ability to 

think critically, solve problems, and communicate effectively; 

‘‘(vii) be accessible for all students, including students with disabilities and English learners, by— 

‘‘(I) incorporating principles of universal design 

as defined by section 3(a) of the Assistive Technology Act of 1998 (29 U.S.C. 3002(a)); and 

‘‘(II) being interoperable when using any digital 

assessment, such as computer-based and online 

assessments; 

‘‘(viii) provide for accommodations, including for 

computer-based and online assessments, for students 

with disabilities and English learners to provide a 

valid and reliable measure of such students’ achievement; 

‘‘(ix) produce individual student interpretive, descriptive, and diagnostic reports that allow parents, 

teachers, and school leaders to understand and address the specific academic needs of students, and include information regarding achievement on academic 

assessments, and that are provided to parents, teachers, and school leaders, as soon as is practicable after 

the assessment is given, in an understandable and 

uniform format, and to the extent practicable, in a language that parents can understand; and 

‘‘(x) may be partially delivered in the form of portfolios, projects, or extended performance tasks as long 

as such assessments meet the requirements of this 

subsection. 

‘‘(C) ADMINISTRATION.—Such assessments shall— 

‘‘(i) be administered to all students, including all 

subgroups described in subsection (c)(3)(A), in the 

same grade level for each content area assessed, except as provided under subparagraph (E), through— 


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‘‘(I) a single summative assessment each school 

year; or 

‘‘(II) multiple statewide assessments over the 

course of the school year that result in a single 

summative score that provides valid, reliable, and 

transparent information on student achievement 

for each tested content area in each grade level; 

‘‘(ii) for English language arts and math— 

‘‘(I) be administered annually, at a minimum, 

for students in grade 3 through grade 8; and 

‘‘(II) be administered at least once, but not earlier than 11th grade for students in grades 9 

through grade 12; and 

‘‘(iii) for science, be administered at least once during grades 3 through 5, grades 6 through 8, and 

grades 9 through 12. 

‘‘(D) NATIVE LANGUAGE ASSESSMENTS.—Each State educational agency with at least 10,000 English learners, at 

least 25 percent of which speak the same language that is 

not English, shall adopt and implement native language 

assessments for that language consistent with State law. 

Such assessments shall be for students— 

‘‘(i) for whom the academic assessment in the student’s native language would likely yield more accurate and reliable information about such student’s content knowledge; 

‘‘(ii) who are literate in the native language and 

have received formal education in such language; or 

‘‘(iii) who are enrolled in a bilingual or dual language program and the native language assessment is 

consistent with such program’s language of instruction. 

‘‘(E) ALTERNATE ASSESSMENTS FOR STUDENTS WITH THE

MOST SIGNIFICANT COGNITIVE DISABILITIES.—In the case of 

a State educational agency that adopts alternate achievement standards for students with the most significant cognitive disabilities described in paragraph (4)(D), the State 

shall adopt and implement high-quality statewide alternate assessments aligned to such alternate achievement 

standards that meet the requirements of subparagraphs 

(B) and (C), so long as the State ensures that in the State 

the total number of students in each grade level assessed 

in each subject does not exceed the cap established under 

subsection (c)(3)(E)(iii)(II). 

‘‘(F) ENGLISH LANGUAGE PROFICIENCY ASSESSMENTS.— 

Each State educational agency shall adopt and implement 

statewide English language proficiency assessments that— 

‘‘(i) are administered annually and aligned with the 

State’s English language proficiency standards and 

academic content standards; 

‘‘(ii) are accessible, valid, and reliable; 

‘‘(iii) measure proficiency in reading, listening, 

speaking, and writing in English both individually and 

collectively; 


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‘‘(iv) assess progress and growth on language and 

content acquisition; and 

‘‘(v) allow for the local educational agency to retest 

a student in the individual domain areas that the student did not pass, unless the student is newly entering 

a school in the State, or is in the third, fifth, or eighth 

grades. 

‘‘(G) SPECIAL RULE WITH RESPECT TO BUREAU FUNDED

SCHOOLS.—In determining the assessments to be used by 

each school operated or funded by the Department of the 

Interior’s Bureau of Indian Education receiving funds 

under this part, the following shall apply: 

‘‘(i) Each such school that is accredited by the State 

in which it is operating shall use the assessments the 

State has developed and implemented to meet the requirements of this section, or such other appropriate 

assessment as approved by the Secretary of the Interior. 

‘‘(ii) Each such school that is accredited by a regional accrediting organization shall adopt an appropriate assessment, in consultation with and with the 

approval of, the Secretary of the Interior and consistent with assessments adopted by other schools in 

the same State or region, that meets the requirements 

of this section. 

‘‘(iii) Each such school that is accredited by a tribal 

accrediting agency or tribal division of education shall 

use an assessment developed by such agency or division, except that the Secretary of the Interior shall ensure that such assessment meets the requirements of 

this section. 

‘‘(H) ASSURANCE.—Each State plan shall include an assurance that the State educational agency will take steps 

to ensure that the State assessment system, which includes all statewide assessments and local assessments is 

coordinated and streamlined to eliminate duplication of assessment purposes, practices, and use. 

‘‘(I) ACCOMMODATIONS.—Each State plan shall— 

‘‘(i) describe the accommodations for English learners and students with disabilities on the assessments 

used by the State which may include accommodations 

such as text-to-speech technology or read aloud, 

braille, large print, calculator, speech-to-text technology or scribe, extended time, and frequent breaks; 

‘‘(ii) include evidence of the effectiveness of such accommodations in maintaining valid results for the appropriate population; and 

‘‘(iii) include evidence that such accommodations do 

not change the construct intended to be measured by 

the assessment or the meaning of the resulting scores. 

‘‘(J) ADAPTIVE ASSESSMENTS.—In the case of a State educational agency that develops and administers computer 

adaptive assessments, such assessments shall meet the requirements of this paragraph, and must measure, at a 

minimum, each student’s academic proficiency against the 


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State’s content standards as described in paragraph (2) for 

the grade in which the student is enrolled. 

‘‘(4) COLLEGE AND CAREER READY ACHIEVEMENT AND GROWTH

STANDARDS.— ‘‘(A) IN GENERAL.—Each State plan shall demonstrate 

that the State will adopt and implement college and career 

ready achievement standards in English language arts, 

math, and science by the 2015–2016 school year that comply with this paragraph. 

‘‘(B) ELEMENTS.—Such academic achievement standards 

shall establish at a minimum, 3 levels of student achievement that describe how well a student is demonstrating 

proficiency in the State’s academic content standards that 

differentiate levels of performance to— 

‘‘(i) describe 2 levels of high achievement (on-target 

and advanced) that indicate, at a minimum, that a 

student is proficient in the academic content standards under paragraph (2) as measured by the performance on assessments under paragraph (3); and 

‘‘(ii) describe a third level of achievement (catch-up) 

that provides information about the progress of a student toward becoming proficient in the academic content standards under paragraph (2) as measured by 

the performance on assessments under paragraph (3). 

‘‘(C) VERTICAL ALIGNMENT.—Such achievement standards are vertically aligned to ensure a student who 

achieves at the on-target or advanced levels under subparagraph (B)(i) signifies that student is on-track to graduate prepared for— 

‘‘(i) placement in credit-bearing, nonremedial courses 

at the 2- and 4-year public institutions of higher education in the State; and 

‘‘(ii) success on relevant State career and technical 

education standards. 

‘‘(D) ALTERNATE ACHIEVEMENT STANDARDS.—If a State 

educational agency adopts alternate achievement standards for students with the most significant cognitive disabilities, such academic achievement standards shall establish, at a minimum, 3 levels of student achievement 

that describe how well a student is demonstrating proficiency in the State’s academic content standards that— 

‘‘(i) are aligned to the State’s college and career 

ready content standards under paragraph (2); 

‘‘(ii) are vertically aligned to ensure that a student 

who achieves at the on-target or advanced level under 

clause (v)(I) signifies that the student is on-track to 

access a postsecondary education or competitive integrated employment; 

‘‘(ii) reflect concepts and skills that students should 

know and understand for each grade; 

‘‘(iv) are supported by evidence-based learning progressions to age and grade-level performance; and 

‘‘(v) establish, at a minimum— 

‘‘(I) 2 levels of high achievement (on-target and 

advanced) that indicate, at a minimum, that a 


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student with the most significant cognitive disabilities is proficient in the academic content 

standards under paragraph (2) as measured by 

the performance on assessments under paragraph 

(3)(E); and 

‘‘(II) a third level of achievement (catch-up) that 

provides information about the progress of a student with the most significant cognitive disabilities toward becoming proficient in the academic 

content standards under paragraph (2) as measured by the performance on assessments under 

paragraph (3)(E). 

‘‘(E) STUDENT GROWTH STANDARDS.—Each State plan 

shall demonstrate that the State will adopt and implement 

student growth standards for students in the assessed 

grades that comply with this subparagraph, as follows: 

‘‘(i) ON-TARGET AND ADVANCED LEVELS.—For a student who is achieving at the on-target or advanced 

level of achievement, the student growth standard is 

not less than the rate of academic growth necessary 

for the student to remain at that level of student 

achievement for not less than 3 years. 

‘‘(ii) CATCH-UP LEVEL.—For a student who is achieving at the catch-up level of achievement, the student 

growth standard is not less than the rate of academic 

growth necessary for the student to achieve an on-target level of achievement within 3 or 4 years, as determined by the State. 

‘‘(F) PROHIBITION.—A State may not establish alternate 

or modified achievement standards for any subgroup of 

students, except as provided under subparagraph (D). 

‘‘(5) RULE OF CONSTRUCTION.—Nothing in paragraph (3) shall 

be construed to prescribe the use of the academic assessments 

established pursuant to such paragraph for student promotion 

or graduation purposes. 

‘‘(c) ACCOUNTABILITY AND SCHOOL IMPROVEMENT SYSTEM.—The 

State plan shall demonstrate that not later than the 2016 – 2017 

school year, the State educational agency, in consultation with representatives of local educational agencies, teachers, school leaders, 

parents, community organizations, communities representing underserved populations and Indian tribes, has developed a single 

statewide accountability and school improvement system (in this 

subsection known as the ‘accountability system’) that ensures all 

students have the knowledge and skills to successfully enter the 

workforce or postsecondary education without the need for remediation by complying with this subsection as follows: 

‘‘(1) ELEMENTS.—Each State accountability system shall, at a 

minimum— 

‘‘(A) annually measure academic achievement for all students, including each subgroup described in paragraph 

(3)(A), in each public school, including each charter school, 

in the State, including— 

‘‘(i) student academic achievement in accordance 

with the academic achievement standards described in 

subsection (b)(4); 


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‘‘(ii) student growth in accordance with the student 

growth standards described in subsection (b)(4)(E); 

and 

‘‘(iii) graduation rates in diploma granting schools; 

‘‘(B) set clear performance and growth targets in accordance with paragraph (2) to improve the academic achievement of all students as measured under subparagraph (A) 

of this paragraph and to close achievement gaps so that all 

students graduate ready for postsecondary education and 

the workforce; 

‘‘(C) establish equity indicators to diagnose school challenges and measure school progress within the improvement system described in section 1116, including factors to 

measure, for all students and each subgroup described in 

paragraph (3)(A)— 

‘‘(i) academic learning, such as— 

‘‘(I) percentage of students successfully completing rigorous coursework that aligns with college and career ready standards described under 

subsection (b)(2) such as dual enrollment, Advanced Placement (AP) or International Baccalaureate (IB) courses; 

‘‘(II) percentage of students enrolled in music 

and the arts courses; 

‘‘(III) student success on State or local educational agency end-of course examinations; and 

‘‘(IV) student success on performance-based assessments that are valid, reliable and comparable 

across a local educational agency and meet the requirements of paragraph (3)(B); 

‘‘(ii) student engagement, such as— 

‘‘(I) student attendance rates; 

‘‘(II) student discipline data, including suspension and expulsion rates; 

‘‘(III) incidents of bullying and harassment; and 

‘‘(IV) surveys of student engagement and satisfaction; 

‘‘(iii) student advancement, such as— 

‘‘(I) student on-time promotion rates; 

‘‘(II) on-time credit accumulation rates; 

‘‘(III) course failure rates; and 

‘‘(IV) post-secondary and workforce entry rates; 

‘‘(iv) student health and wellness; 

‘‘(v) student access to instructional quality, such 

as— 

‘‘(I) number of qualified teachers and paraprofessionals; 

‘‘(II) number of specialized instructional support 

personnel; 

‘‘(III) instructional personnel attendance, vacancies, and turnover; and 

‘‘(IV) rates of effective teachers and principals, 

as determined by the State or local educational 

agency; 


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‘‘(vi) school climate and conditions for student success, such as— 

‘‘(I) the availability of up-to-date instructional 

materials, technology, and supplies; 

‘‘(II) measures of school safety; and 

‘‘(III) the condition of school facilities; including 

accounting for well-equipped instructional spaces; 

and 

‘‘(vii) family and community engagement in education; 

‘‘(D) annually differentiate all public schools, including 

public charter schools, based on— 

‘‘(i) the achievement measured under subparagraph 

(A); 

‘‘(ii) whether the school meets the performance and 

growth targets set under paragraph (2); and 

‘‘(iii) to a lesser extent than each of the factors described in clauses (i) and (ii), data on the State-established equity indicators, as described in subparagraph 

(C); and 

‘‘(E) identify, after using the differentiation described in 

subparagraph (D), for the purposes under section 1116— 

‘‘(i) high priority schools that— 

‘‘(I) according to the State-established parameters described in 1116(a)(2), have the lowest performance in the local educational agency and the 

State using current and prior year academic 

achievement, growth, and graduation rate data as 

described in subparagraph (A) and data on the 

state-established equity indicators described in 

subparagraph (C); or 

‘‘(II) as of the date of enactment of the Student 

Success Act, have been identified under 1003(g); 

and 

‘‘(ii) schools in need of support that— 

‘‘(I) have not met one or more of the performance targets set under paragraph (2) for any subgroup described in paragraph (3)(A) in the same 

grade level and subject, for two consecutive years; 

or 

‘‘(II) at the discretion of the State, are identified 

for support using data on equity indicators established under paragraph (1)(C); and 

‘‘(iii) distinguished schools that have— 

‘‘(I) the highest performance in the State for all 

students and student subgroups described in paragraph (3)(A); or 

‘‘(II) made the most progress over at least the 

most recent 2-year period in the State in increasing student academic achievement and graduation 

rates for all students and student subgroups described in paragraph (3)(A); and 

‘‘(III) made significant progress in overcoming 

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lished equity indicators, as described in subparagraph (C). 

‘‘(2) GOALS AND TARGETS.— ‘‘(A) IN GENERAL.—Each State educational agency shall 

establish goals and targets for the State accountability and 

school improvement system that comply with this paragraph. Such targets shall be established separately for all 

elementary school and secondary school students, economically disadvantaged students, students from major racial 

and ethnic groups, students with disabilities, and English 

learners and expect accelerated academic gains from subgroups who are the farthest away from college and careerreadiness as determined by annual academic achievement 

measures described in paragraph (1)(A). 

‘‘(B) ACHIEVEMENT GOALS.—Each State educational 

agency shall set multi-year goals that are consistent with 

the academic and growth achievement standards under 

subsection (b)(4) to ensure that all students graduate prepared to enter the workforce or postsecondary education 

without the need for remediation. 

‘‘(C) PERFORMANCE TARGETS.—Each State educational 

agency shall set ambitious, but achievable annual performance targets separately for each subgroup of students described in paragraph (3)(A), for local educational agencies 

and schools, for each grade level and in English language 

arts and math that reflect the progress required for all 

students and each subgroup of students described in paragraph (3)(A) to meet the State-determined goals as required under subparagraph (B), as approved by the Secretary. 

‘‘(D) GROWTH TARGETS.—Each State educational agency 

shall set ambitious but achievable growth targets that— 

‘‘(i) assist the State in achieving the academic 

achievement goals described in subparagraph (B); and 

‘‘(ii) include targets that ensure all students, including subgroups of students described in paragraph 

(3)(A), meet the growth standards described in subsection (b)(4)(E). 

‘‘(E) GRADUATION RATE GOALS AND TARGETS.— ‘‘(i) GRADUATION RATE GOALS.—Each State educational agency shall set a graduation rate goal of not 

less than 90 percent. 

‘‘(ii) GRADUATION RATE TARGETS.—Each State educational agency shall establish graduation rate targets 

which shall not be less rigorous than the targets approved under section 200.19 of title 34, Code of Federal Regulations (or a successor regulation) and shall 

be designed to meet the goal described in clause (i). 

‘‘(iii) EXTENDED-YEAR GRADUATION RATE TARGETS.— In the case of a State that chooses to use an extended 

year graduation rate in the accountability and school 

improvement system described under this subsection, 

the State shall set extended year graduation rate targets that are more rigorous than the targets set under 

clause (ii) and, if applicable, are not less rigorous than 


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the targets approved under section 200.19 of title 34, 

Code of Federal Regulations (or a successor regulation). 

‘‘(3) FAIR ACCOUNTABILITY.—Each State educational agency 

shall establish fair and appropriate policies and practices, as a 

component of the accountability system established under this 

subsection, to measure school, local educational agency, and 

State performance under the accountability system that, at a 

minimum, comply with this paragraph as follows: 

‘‘(A) DISAGGREGATE.—Each State educational agency 

shall disaggregate student achievement data in a manner 

that complies with the State’s group size requirements 

under subparagraph (B) for the school’s, local educational 

agency’s, and the State’s performance on its goals and performance targets established under paragraph (2), by each 

content area and each grade level for which such goals and 

targets are established, and, if applicable, by improvement 

indicators described in paragraph (1)(D) for each of the following groups: 

‘‘(i) All public elementary and secondary school students. 

‘‘(ii) Economically disadvantaged students. 

‘‘(iii) Students from major racial and ethnic groups. 

‘‘(iv) Students with disabilities. 

‘‘(v) English learners. 

‘‘(B) SUBGROUP SIZE.—Each State educational agency 

shall establish group size requirements for performance 

measurement and reporting under the accountability system that— 

‘‘(i) is the same for all subgroups described in subparagraph (A); 

‘‘(ii) does not exceed 15 students; 

‘‘(iii) yields statistically reliable information; and 

‘‘(iv) does not reveal personally identifiable information about an individual student. 

‘‘(C) PARTICIPATION.—Each State educational agency 

shall ensure that— 

‘‘(i) not less than 95 percent of the students in each 

subgroup described subparagraph (A) take the State’s 

assessments under subsection (b)(2); and 

‘‘(ii) any school or local educational agency that does 

not comply with the requirement described in clause 

(i) of this subparagraph may not be considered to have 

met its goals or performance targets under paragraph 

(2). 

‘‘(D) AVERAGING.—Each State educational agency may 

average achievement data with the year immediately preceding that school year for the purpose of determining 

whether schools, local educational agencies, and the State 

have met their performance targets under paragraph (2). 

‘‘(E) STUDENTS WITH THE MOST SIGNIFICANT COGNITIVE

DISABILITIES.— ‘‘(i) IN GENERAL.—In calculating the percentage of 

students scoring at the on-target levels of achievement 

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mining whether schools, local educational agencies, 

and the State have met their performance targets 

under paragraph (2), a State shall include all students 

with disabilities, even those students with the most 

significant cognitive disabilities, and— 

‘‘(I) may include the on-target and advanced 

scores of students with the most significant cognitive disabilities taking alternate assessments 

under subsection (b)(3)(E) provided that the number and percentage of such students who score at 

the on-target or advanced level on such alternate 

assessments at the local educational agency and 

the State levels, respectively, does not exceed the 

cap established by the Secretary under clause (iii) 

in the grades assessed and subjects used under 

the accountability system established under this 

subsection; and 

‘‘(II) solely for the purposes of calculating graduation rates, may include students with the most 

significant cognitive disabilities, who are assessed 

using alternate assessments described in subsection (b)(3)(E) and who receive a State-defined 

standards-based alternate diploma aligned with 

the State requirements for regular secondary 

school diploma and who have completed a free and 

appropriate public education under the Individuals with Disabilities Education Act, as graduating with a regular secondary school diploma, 

provided that the number and percentage of those 

students who receive such a State-defined standards-based alternate diploma at the local educational agency and the State levels, respectively, 

does not exceed the cap established by the Secretary under clause (iii). 

‘‘(ii) STATE REQUIREMENTS.—If the number and percentage of students taking alternate assessments or 

receiving a State-defined standards-based alternate diploma exceeds the cap under clause (iii) at the local 

educational agency or State level, the State educational agency, in determining whether the local educational agency or State, respectively, has met its performance targets under paragraph (2), shall— 

‘‘(I) include all students with the most significant cognitive disabilities; 

‘‘(II) count at the catch-up level of achievement 

or as not graduating such students who exceed 

the cap; 

‘‘(III) include such students at the catch-up level 

of achievement or as not graduating in each applicable subgroup at the school, local educational 

agency, and State level; and 

‘‘(IV) ensure that parents are informed of the actual academic achievement levels and graduation 

status of their children with the most significant 

cognitive disabilities. 


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‘‘(iii) SECRETARIAL DUTIES.—The Secretary shall establish a cap for the purposes of this subparagraph 

which— 

‘‘(I) shall be based on the most recently available data on— 

‘‘(aa) the incidence of students with the 

most significant cognitive disabilities; 

‘‘(bb) the participation rates, including by 

disability category, on alternate assessments 

using alternate achievement standards pursuant to subsection (b)(3)(E); 

‘‘(cc) the percentage of students, including 

by disability category, scoring at each achievement level on such alternate assessments; 

and 

‘‘(dd) other factors the Secretary deems necessary; and 

‘‘(II) may not exceed 1 percent of all students in 

the combined grades assessed. 

‘‘(4) TRANSITION PROVISIONS.— 

‘‘(A) IN GENERAL.—The Secretary shall take such steps 

as necessary to provide for the orderly transition to the 

new accountability and school improvement systems required under this subsection from prior accountability and 

school improvement systems in existence on the day before 

the date of enactment of the Student Success Act. 

‘‘(B) TRANSITION.—To enable the successful transition 

described in this paragraph, each State educational agency 

receiving funds under this part shall— 

‘‘(i) administer assessments that were in existence 

on the day before the date of enactment of the Student 

Success Act and beginning not later than the 2016– 

2017 school year, administer high-quality assessments 

described in subsection (b)(3); 

‘‘(ii) report student performance on the assessments 

described in subparagraph (I), consistent with the requirements under this title; 

‘‘(iii) set a new baseline for performance targets, as 

described in paragraph (2)(C) and (2)(D), once new 

high-quality assessments described in subsection (b)(3) 

are implemented; 

‘‘(iv) implement the accountability and school improvement requirements of sections 1111 and 1116, 

except— 

‘‘(I) the State shall not be required to identify 

new persistently low achieving schools or schools 

in need of improvement under section 1116 for 1 

year after high-quality assessments described in 

subsection (b)(3) have been implemented; and 

‘‘(II) shall continue to implement school improvement requirements of section 1116 in persistently low achieving schools and schools in need 

of improvement that were identified as such in the 

year prior to implementation of new high-quality 

assessments; and 


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‘‘(v) assist local educational agencies in providing 

training and professional development on the implementation of new college and career ready standards 

and high-quality assessments. 

‘‘(C) END OF TRANSITION.—The transition described in 

this paragraph shall be completed by no later than 2 years 

from the date of enactment of the Student Success Act. 

‘‘(d) OTHER PROVISIONS TO SUPPORT TEACHING AND LEARNING.— Each State plan shall contain the following: 

‘‘(1) DESCRIPTIONS.—A description of— 

‘‘(A) how the State educational agency will carry out the 

responsibilities of the State under section 1116; 

‘‘(B) a plan to identify and reduce inequities in the allocation of State and local resources, including nonpersonnel 

and personnel resources consistent with the requirements 

of section 1120A, between schools that are receiving funds 

under this title and schools that are not receiving such 

funds under this title, including— 

‘‘(i) a description of how the State will support local 

educational agencies in meeting the requirements of 

section 1120A; and 

‘‘(ii) a description of how the State will support local 

educational agencies to align plans under subparagraph (A), efforts to improve educator supports and 

working conditions described in section 2112(b)(3), and 

efforts to improve the equitable distribution of teachers and principals described in section 2112(b)(5), with 

efforts to improve the equitable allocation of resources 

as described in this subsection; 

‘‘(C) how the State educational agency will ensure that 

the results of the State assessments described in subsection (b)(3) and the school identifications described in 

subsection (c)(1), respectively, will be provided to local educational agencies, schools, teachers, and parents promptly, 

but not later than before the beginning of the school year 

following the school year in which such assessments, other 

indicators, or evaluations are taken or completed, and in 

a manner that is clear and easy to understand; 

‘‘(D) how the State educational agency will meet the diverse learning needs of students by— 

‘‘(i) identifying and addressing State-level barriers to 

implementation of universal design for learning, as described in section 5429(b)(21), and multi-tier system of 

supports; and 

‘‘(ii) developing and making available to local educational agencies technical assistance for implementing universal design for learning, as described in 

section 5429(b)(21), and multi-tier system of supports; 

‘‘(E) for a State educational agency that adopts alternate 

achievement standards for students with the most significant cognitive disabilities under subsection (b)(4)(D)— 

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nate achievement standards, which shall include 

guidelines to ensure— 

‘‘(I) students with the most significant cognitive 

disabilities have access to the general education 

curriculum for the grade in which the student is 

enrolled; 

‘‘(II) participation in an alternate assessment 

does not influence a student’s placement in the 

least restrictive environment; 

‘‘(III) determinations are made separately for 

each subject and are re-determined each year during the annual individualized education program 

team meeting; 

‘‘(IV) the student’s mode of communication has 

been identified to the extent possible and accommodated; and 

‘‘(V) parents of such students— 

‘‘(aa) give informed consent that their 

child’s achievement be measured against alternate achievement standards; and 

‘‘(bb) are informed of any effects of State 

and local policies on the student’s education 

resulting from participating in this alternate 

assessment; and 

‘‘(VI) students with the most significant cognitive disabilities are not precluded from attempting to complete the requirements for a regular secondary school diploma; and 

‘‘(ii) the procedures the State educational agency 

will use to ensure and monitor that individualized 

education program teams implement the requirements 

of clause (i); and 

‘‘(iii) the plan to disseminate information on and 

promote use of appropriate accommodations to increase the number of students with the most significant cognitive disabilities who are assessed using 

achievement standards described in subparagraphs (B) 

and (C) of subsection (b)(4); 

‘‘(F) how the State educational agency will meet the 

needs of English learners, including— 

‘‘(i) the method for identifying an English learner 

that shall be used by all local educational agencies in 

the State; 

‘‘(ii) the entrance and exit requirements for students 

enrolled in limited English proficient classes, which 

shall— 

‘‘(I) be based on rigorous English language 

standards; and 

‘‘(II) prepare such students to successfully complete the State’s assessments; and 

‘‘(iii) timelines and targets for moving students from 

the lowest levels of English language proficiency to the 

State-defined English proficient level, including an assurance that— 


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‘‘(I) such targets will be based on student’s initial language proficiency level when first identified as limited English proficient and grade; and 

‘‘(II) such timelines will ensure students achieve 

English proficiency by 18 years of age, unless the 

State has obtained prior approval by the Secretary; 

‘‘(G) how the State educational agency will assist local 

educational agencies in improving instruction in all core 

academic subjects; 

‘‘(H) how the State educational agency will develop and 

improve the capacity of local educational agencies to use 

technology to improve instruction; and 

‘‘(I) how any State educational agency with a charter 

school law will support high-quality public charter schools 

that receive funds under this title by— 

‘‘(i) ensuring the quality of the authorized public 

chartering agencies in the State by establishing— 

‘‘(I) a system of periodic evaluation and certification of public chartering agencies using nationally-recognized professional standards; or 

‘‘(II) a statewide, independent chartering agency 

that meets nationally-recognized professional 

standards; 

‘‘(ii) including in the procedure established pursuant 

to clause (i) requirements for— 

‘‘(I) the annual filing and public reporting of 

independently audited financial statements including disclosure of amount and duration of any 

nonpublic financial and in-kind contributions of 

support, by each public chartering agency, for 

each school authorized by such agency, and by 

each local educational agency and the State; 

‘‘(II) the adoption and enforcement of school employee compensation and conflict of interest guidelines for all schools authorized, which shall include disclosure of executive pay and affiliated 

parties with financial interest in the management 

operations, or contractual obligations of the 

school; 

‘‘(III) a legally binding charter or performance 

contract between each charter school and the 

school’s authorized public chartering agency 

that— 

‘‘(aa) describes the rights, duties, and remedies of the school and the public chartering 

agency; and 

‘‘(bb) bases charter renewal and revocation 

decisions on an agreed-to school accountability plan which includes financial and organizational indicators, with significant weight 

given to the student achievement on the 

achievement goals, performance targets, and 

growth targets established pursuant to subparagraphs (B), (C), and (D) of subsection 


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(c)(2), respectively, for each student subgroup 

described in subsection (c)(3)(A), as well as 

‘‘(iii) developing and implementing, in consultation 

and coordination with local educational agencies, a 

system of intervention, revocation, or closure for charter schools and public chartering agencies failing to 

meet the requirements and standards described in 

clauses (i) and (ii), which, at a minimum provides 

for— 

‘‘(I) initial and regular review, no less than once 

every 3 years, of each public chartering agency; 

and 

‘‘(II) intervention, revocation, or closure of any 

charter school identified for school improvement 

under section 1116. 

‘‘(2) ASSURANCES.—Assurances that— 

‘‘(A) the State educational agency will participate in biennial State academic assessments of 4th, 8th, and 12th 

grade reading, mathematics, and science under the National Assessment of Educational Progress carried out 

under section 303(b)(2) of the National Assessment of Educational Progress Authorization Act, if the Secretary pays 

the costs of administering such assessments; 

‘‘(B) the State educational agency will— 

‘‘(i) notify local educational agencies and the public 

of the content and student academic achievement 

standards and academic assessments developed under 

this section, and of the authority to operate schoolwide 

programs; and 

‘‘(ii) fulfill the State educational agency’s responsibilities regarding local educational agency and school improvement under section 1116; 

‘‘(C) the State educational agency will encourage local 

educational agencies to consolidate funds from other Federal, State, and local sources for school improvement activities under 1116 and for schoolwide programs under section 1114; 

‘‘(D) the State educational agency has modified or eliminated State fiscal and accounting barriers so that schools 

can easily consolidate funds from other Federal, State, and 

local sources for schoolwide programs under section 1114; 

‘‘(E) that State educational agency will coordinate data 

collection efforts to fulfill the requirements of this Act and 

reduce the duplication of data collection to the extent practicable; 

‘‘(F) the State educational agency will provide the least 

restrictive and burdensome regulations for local educational agencies and individual schools participating in a 

program assisted under this part; 

‘‘(G) the State educational agency will inform local educational agencies in the State of the local educational 

agency’s authority— 

‘‘(i) to transfer funds under title VI; 

‘‘(ii) to obtain waivers under part D of title IX; and 


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‘‘(iii) if the State is an Ed-Flex Partnership State, to 

obtain waivers under the Education Flexibility Partnership Act of 1999; 

‘‘(H) the State educational agency will work with other 

agencies, including educational service agencies or other 

local consortia and comprehensive centers established 

under the Educational Technical Assistance Act of 2002, 

and institutions to provide professional development and 

technical assistance to local educational agencies and 

schools; 

‘‘(I) the State educational agency will ensure that local 

educational agencies in the State comply with the requirements of subtitle B of title VII of the McKinney-Vento 

Homeless Assistance Act (42 U.S.C. lll17); and 

‘‘(J) the State educational agency has engaged in timely 

and meaningful consultation with representatives of Indian tribes located in the State in the development of the 

State plan to serve local educational agencies under its jurisdiction in order to— 

‘‘(i) improve the coordination of activities under this 

Act; 

‘‘(ii) meet the purpose of this title; and 

‘‘(iii) meet the unique cultural, language, and educational needs of Indian students. 

‘‘(e) FAMILY ENGAGEMENT.—Each State plan shall include a plan 

for strengthening family engagement in education. Each such plan 

shall, at a minimum, include— 

‘‘(1) a description of the State’s criteria and schedule for review and approval of local educational agency engagement policies and practices pursuant to section 1112(e)(3); 

‘‘(2) a description of the State’s system and process for assessing local educational agency implementation of section 

1118 responsibilities; 

‘‘(3) a description of the State’s criteria for identifying local 

educational agencies that would benefit from training and support related to family engagement in education; 

‘‘(4) a description of the State’s statewide system of capacitybuilding and technical assistance for local educational agencies 

and schools on effectively implementing family engagement in 

education practices and policies to increase student achievement; 

‘‘(5) an assurance that the State will refer to Statewide Family Engagement Centers, as described in section 5702, those 

local educational agencies that would benefit from training and 

support related to family engagement in education; and 

‘‘(6) a description of the relationship between the State educational agency and Statewide Family Engagement Centers, 

parent training and information centers, and community parent resource centers in the State established under sections 

671 and 672 of the Individuals with Disabilities Education Act. 

‘‘(f) PEER REVIEW AND SECRETARIAL APPROVAL.— 

‘‘(1) SECRETARIAL DUTIES.—The Secretary shall— 

‘‘(A) establish a peer-review process to assist in the review of State plans; 


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‘‘(B) appoint individuals to the peer-review process who 

are representative of parents, teachers, State educational 

agencies, local educational agencies, and experts and who 

are familiar with educational standards, assessments, accountability, the needs of low-performing schools, and 

other educational needs of students; 

‘‘(C) approve a State plan within 120 days of its submission unless the Secretary determines that the plan does 

not meet the requirements of this section; 

‘‘(D) if the Secretary determines that the State plan does 

not meet the requirements of this section immediately notify the State of such determination and the reasons for 

such determination; 

‘‘(E) not decline to approve a State’s plan before— 

‘‘(i) offering the State an opportunity to revise its 

plan; 

‘‘(ii) providing technical assistance in order to assist 

the State to meet the requirements of this section; and 

‘‘(iii) providing a hearing; and 

‘‘(F) have the authority to disapprove a State plan for 

not meeting the requirements of this part, but shall not 

have the authority to require a State, as a condition of approval of the State plan, to include in, or delete from, such 

plan one or more specific elements of the State’s academic 

content standards or to use specific academic assessment 

instruments or items. 

‘‘(2) STATE REVISIONS.—A State plan shall be revised by the 

State educational agency if the revision is necessary to satisfy 

the requirements of this section. 

‘‘(3) PUBLIC REVIEW.—Notifications under this subsection 

shall be made available to the public through the website of 

the Department, including— 

‘‘(A) State plans submitted or resubmitted by a State; 

‘‘(B) peer review comments; 

‘‘(C) State plan determinations by the Secretary, including approvals or disapprovals; 

‘‘(D) amendments or changes to State plans; and 

‘‘(E) hearings. 

‘‘(g) DURATION OF THE PLAN.— ‘‘(1) IN GENERAL.—Each State plan shall— 

‘‘(A) remain in effect for the duration of the State’s participation under this part or 4 years, whichever is shorter; 

and 

‘‘(B) be periodically reviewed and revised as necessary by 

the State educational agency to reflect changes in the 

State’s strategies and programs under this part, including 

information on the progress the State has made in fulfilling the requirements of this section. 

‘‘(2) RENEWAL.—A State educational agency that desires to 

continue participation under this part shall submit a renewed 

plan every 4 years, including information on progress the State 

has made in— 

‘‘(A) implementing college- and career-ready content and 

achievement standards and high-quality assessments described in paragraph (b); 


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‘‘(B) meeting its goals and performance targets described 

in subsection (c)(2); and 

‘‘(C) improving the capacity and skills of teachers and 

school leaders as described in section 2112. 

‘‘(2) ADDITIONAL INFORMATION.—If significant changes are 

made to a State’s plan, such as the adoption of new State academic content standards and State student achievement standards, new academic assessments, or new performance goals or 

target, growth goals or targets, or graduation rate goals or targets, such information shall be submitted to the Secretary for 

approval. 

‘‘(h) FAILURE TO MEET REQUIREMENTS.—If a State fails to meet 

any of the requirements of this section, the Secretary may withhold 

funds for State administration under this part until the Secretary 

determines that the State has fulfilled those requirements. 

‘‘(i) REPORTS.— 

‘‘(1) ANNUAL STATE REPORT CARD.— 

‘‘(A) IN GENERAL.—A State that receives assistance 

under this part shall prepare and disseminate an annual 

State report card. Such dissemination shall include, at a 

minimum, publicly posting the report card on the home 

page of the State educational agency’s website. 

‘‘(B) IMPLEMENTATION.—The State report card shall be— 

‘‘(i) concise; and 

‘‘(ii) presented in an understandable and uniform 

format and, to the extent practicable, provided in a 

language that the parents can understand. 

‘‘(C) REQUIRED INFORMATION.—The State shall include in 

its annual State report card— 

‘‘(i) information, in the aggregate, and disaggregated 

and cross-tabulated by the same major groups as the 

decennial census of the population, ethnicity, gender, 

disability status, migrant status, English proficiency, 

and status as economically disadvantaged, except that 

such disaggregation and cross-tabulation shall not be 

required in a case in which the number of students in 

a category is insufficient to yield statistically reliable 

information or the results would reveal personally 

identifiable information about an individual student 

on— 

‘‘(I) student achievement at each achievement 

level on the State academic assessments described 

in subsection (b)(3), including the most recent 2- 

year trend; 

‘‘(II) student growth on the State academic assessments described in subsection (b)(3), including 

the most-recent 2-year trend; 

‘‘(III) the four-year adjusted cohort rate, the extended-year graduation rate (where applicable), 

and the graduation rate by type of diploma, including the most recent 2-year trend; 

‘‘(IV) data on the State established equity indicators under subsection (c)(1)(C); 

‘‘(V) the percentage of students who did not take 

the State assessments; and 


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‘‘(VI) the most recent 2-year trend in student 

achievement and student growth in each subject 

area and for each grade level, for which assessments under this section are required; 

‘‘(ii) information that provides a comparison between 

the actual achievement levels and growth of each 

group of students described in subsection (c)(3)(A) and 

the performance targets and growth targets in subsection (c)(2) for each such group of students on each 

of the academic assessments and for graduation rates 

required under this part; 

‘‘(iii) if a State adopts alternate achievement standards for students with the most significant cognitive 

disabilities, the number and percentage of students 

taking the alternate assessments and information on 

student achievement at each achievement level and 

student growth, by grade and subject; 

‘‘(iv) the number of students who are English learners, and the performance of such students, on the 

State’s English language proficiency assessments, including the students’ attainment of, and progress toward, higher levels of English language proficiency; 

‘‘(v) information on the performance of local educational agencies in the State regarding school improvement, including the number and names of each 

school identified for school improvement under section 

1116 and information on the outcomes of the equity indicators outlined in section 1111(c)(1)(C); 

‘‘(vi) the professional qualifications of teachers in the 

State, the percentage of such teachers teaching with 

emergency or provisional credentials, and the percentage of classes in the State not taught by qualified 

teachers, in the aggregate and disaggregated by highpoverty compared to low-poverty schools which, for the 

purpose of this clause, means schools in the top quartile of poverty and the bottom quartile of poverty in 

the State; 

‘‘(vii) information on teacher effectiveness, as determined by the State, in the aggregate and 

disaggregated by high-poverty compared to low-poverty schools which, for the purpose of this clause, 

means schools in the top quartile of poverty and the 

bottom quartile of poverty in the State; 

‘‘(viii) a clear and concise description of the State’s 

accountability system, including a description of the 

criteria by which the State educational agency evaluates school performance consistent with subsection (c), 

and the criteria that the State educational agency has 

established, consistent with section 1116(a), to determine the status of schools with respect to school improvement; and 

‘‘(ix) outcomes related to quality charter authorizing 

standards as described in subsection (d)(1)(I), including, at a minimum, annual filing as described in subsection (d)(1)(I)(ii)(I). 


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‘‘(2) ANNUAL LOCAL EDUCATIONAL AGENCY REPORT CARDS.— ‘‘(A) REPORT CARDS.—A local educational agency that receives assistance under this part shall prepare and disseminate an annual local educational agency report card. 

‘‘(B) MINIMUM REQUIREMENTS.—The State educational 

agency shall ensure that each local educational agency collects appropriate data and includes in the local educational 

agency’s annual report the information described in paragraph (1)(C) as applied to the local educational agency and 

each school served by the local educational agency, and— 

‘‘(i) in the case of a local educational agency— 

‘‘(I) the number and percentage of schools identified for school improvement under section 1116 

and how long the schools have been so identified; 

and 

‘‘(II) information that shows how students 

served by the local educational agency achieved on 

the statewide academic assessment compared to 

students in the State as a whole; 

‘‘(III) per-pupil expenditures from Federal, 

State, and local sources, including personnel and 

nonpersonnel resources, for each school in the 

local educational agency, consistent with the requirements under section 1120A; 

‘‘(IV) the number and percentage of secondary 

school students who have been removed from the 

4-year adjusted cohort by leaver code, and the 

number and percentage of students from each adjusted cohort that have been enrolled in high 

school for more than 4 years but have not graduated with a regular diploma; and 

‘‘(V) information on the number of military-connected students (students who are a dependent of 

a member of the Armed Forces, including reserve 

components thereof) served by the local educational agency and how such military-dependent 

students achieved on the statewide academic assessment compared to all students served by the 

local educational agency; and 

‘‘(ii) in the case of a school— 

‘‘(I) whether the school has been identified for 

school improvement; and 

‘‘(II) information that shows how the school’s 

students achievement on the statewide academic 

assessments and other improvement indicators 

compared to students in the local educational 

agency and the State as a whole. 

‘‘(C) OTHER INFORMATION.—A local educational agency 

may include in its annual local educational agency report 

card any other appropriate information, whether or not 

such information is included in the annual State report 

card. 

‘‘(D) DATA.—A local educational agency or school shall 

only include in its annual local educational agency report 

card data that are sufficient to yield statistically reliable 


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information, as determined by the State, and that do not 

reveal personally identifiable information about an individual student. 

‘‘(E) PUBLIC DISSEMINATION.—The local educational 

agency shall publicly disseminate the report cards described in this paragraph to all schools in the school district served by the local educational agency and to all parents of students attending those schools in an accessible, 

understandable, and uniform format and, to the extent 

practicable, provided in a language that the parents can 

understand, and make the information widely available 

through public means, such as posting on the Internet, distribution to the media, and distribution through public 

agencies. 

‘‘(3) PREEXISTING REPORT CARDS.—A State educational agency or local educational agency that was providing public report 

cards on the performance of students, schools, local educational 

agencies, or the State prior to the date of enactment of the Student Success Act may use those report cards for the purpose 

of this subsection, so long as any such report card is modified, 

as may be needed, to contain the information required by this 

subsection. 

‘‘(4) COST REDUCTION.—Each State educational agency and 

local educational agency receiving assistance under this part 

shall, wherever possible, take steps to reduce data collection 

costs and duplication of effort by obtaining the information required under this subsection through existing data collection 

efforts. 

‘‘(5) ANNUAL STATE REPORT TO THE SECRETARY.—Each State 

educational agency receiving assistance under this part shall 

report annually to the Secretary, and make widely available 

within the State— 

‘‘(A) information on the State’s progress in developing 

and implementing 

‘‘(i) the college and career ready standards described 

in subsection (b)(2); 

‘‘(ii) the academic assessments described in subsection (b)(3); and 

‘‘(iii) the accountability and school improvement system described in subsection (c); and 

‘‘(B) the annual State report card under paragraph (1). 

‘‘(6) REPORT TO CONGRESS.—The Secretary shall transmit annually to the Committee on Education and the Workforce of 

the House of Representatives and the Committee on Health, 

Education, Labor, and Pensions of the Senate a report that 

provides national and State-level data on the information collected under paragraph (5). 

‘‘(7) PARENTS RIGHT-TO-KNOW.— 

‘‘(A) ACHIEVEMENT INFORMATION.—At the beginning of 

each school year, a school that receives funds under this 

subpart shall provide to each individual parent— 

‘‘(i) information on the level of achievement and 

growth of the parent’s child on each of the State academic assessments and, as appropriate, other improveVerDate Sep 11 2014 06:02 Feb 26, 2015 Jkt 093510 PO 00000 Frm 00078 Fmt 6659 Sfmt 6602 E:\HR\OC\HR029.XXX HR029

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ment indicators adopted in accordance with this subpart; and 

‘‘(ii) timely notice that the parent’s child has been 

assigned, or has been taught for four or more consecutive weeks by, a teacher who is not qualified or has 

been found to be ineffective, as determined by the 

State or local educational agency. 

‘‘(B) QUALIFICATIONS.—At the beginning of each school 

year, a local educational agency that receives funds under 

this part shall notify the parents of each student attending 

any school receiving funds under this part, information regarding the professional qualifications of the student’s 

classroom teachers, including, at a minimum, the following: 

‘‘(i) Whether the teacher has met State qualification 

and licensing criteria for the grade levels and subject 

areas in which the teacher provides instruction. 

‘‘(ii) Whether the teacher is teaching under emergency or other provisional status through which State 

qualification or licensing criteria have been waived. 

‘‘(iii) Whether the teacher is currently enrolled in an 

alternative certification program. 

‘‘(iv) Whether the child is provided services by paraprofessionals or specialized instructional support personnel and, if so, their qualifications. 

‘‘(C) ACCESS TO EDUCATIONAL RESOURCES.—At the beginning of each school year, a local educational agency that 

receives funds under this part shall notify the parents of 

each student attending any school receiving funds under 

this part, of information regarding whether and to what 

extent schools are meeting the equity indicators described 

in subsection (c)(1)(C), including whether such schools are 

meeting the needs of subgroups of students. 

‘‘(D) FORMAT.—The notice and information provided to 

parents under this paragraph shall be in an understandable and uniform format and, to the extent practicable, 

provided in a language that the parents can understand. 

‘‘(j) PRIVACY.—Information collected under this section shall be 

collected and disseminated in a manner that protects the privacy 

of individuals. 

‘‘(k) TECHNICAL ASSISTANCE.—The Secretary shall provide a 

State educational agency, at the State educational agency’s request, technical assistance in meeting the requirements of this section, including the provision of advice by experts in the development of college and career ready standards, high-quality academic 

assessments, and goals and targets that are valid and reliable, and 

other relevant areas. 

‘‘(l) VOLUNTARY PARTNERSHIPS.—A State may enter into a voluntary partnership with another State to develop and implement 

the academic assessments and standards required under this section. 

‘‘(m) DEFINITIONS.—In this section: 

‘‘(1) ADJUSTED COHORT; EXTENDED-YEAR; ENTERING COHORT; 

TRANSFERRED INTO; TRANSFERRED OUT.— 


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‘‘(A) ADJUSTED COHORT.—Subject to subparagraph (D)(ii) 

through (G), the term ‘adjusted cohort’ means the difference of— 

‘‘(i) the sum of— 

‘‘(I) the entering cohort; plus 

‘‘(II) any students that transferred into the cohort in any of grades 9 through 12; minus 

‘‘(ii) any students that are removed from the cohort 

as described in subparagraph (E). 

‘‘(B) EXTENDED YEAR.—The term ‘extended year’ when 

used with respect to a graduation rate, means the fifth or 

sixth year after the school year in which the entering cohort, as described in subparagraph (C), is established for 

the purpose of calculating the adjusted cohort. 

‘‘(C) ENTERING COHORT.—The term ‘entering cohort’ 

means the number of first-time 9th graders enrolled in a 

secondary school 1 month after the start of the secondary 

school’s academic year. 

‘‘(D) TRANSFERRED INTO.—The term ‘transferred into’ 

when used with respect to a secondary school student, 

means a student who— 

‘‘(i) was a first-time 9th grader during the same 

school year as the entering cohort; and 

‘‘(ii) enrolls after the entering cohort is calculated as 

described in subparagraph (B). 

‘‘(E) TRANSFERRED OUT.— 

‘‘(i) IN GENERAL.—The term ‘transferred out’ when 

used with respect to a secondary school student, 

means a student who the secondary school or local 

educational agency has confirmed has transferred to 

another— 

‘‘(I) school from which the student is expected to 

receive a regular secondary school diploma; or 

‘‘(II) educational program from which the student is expected to receive a regular secondary 

school diploma. 

‘‘(ii) CONFIRMATION REQUIREMENTS.— 

‘‘(I) DOCUMENTATION REQUIRED.—The confirmation of a student’s transfer to another school or 

educational program described in clause (i) requires documentation from the receiving school or 

program that the student enrolled in the receiving 

school or program. 

‘‘(II) LACK OF CONFIRMATION.—A student who 

was enrolled, but for whom there is no confirmation of the student having transferred out, shall 

remain in the cohort as a non-graduate for reporting and accountability purposes under this section. 

‘‘(iii) PROGRAMS NOT PROVIDING CREDIT.—A student 

enrolled in a GED or other alternative educational 

program that does not issue or provide credit toward 

the issuance of a regular secondary school diploma 

shall not be considered transferred out. 


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‘‘(F) COHORT REMOVAL.—To remove a student from a cohort, a school or local educational agency shall require documentation to confirm that the student has transferred 

out, emigrated to another country, or is deceased. 

‘‘(G) TREATMENT OF OTHER LEAVERS AND WITH- DRAWALS.—A student who was retained in a grade, enrolled in a GED program, aged-out of a secondary school 

or secondary school program, or left secondary school for 

any other reason, including expulsion, shall not be considered transferred out, and shall remain in the adjusted cohort. 

‘‘(H) SPECIAL RULE.—For those secondary schools that 

start after grade 9, the entering cohort shall be calculated 

1 month after the start of the secondary school’s academic 

year in the earliest secondary school grade at the secondary school. 

‘‘(2) 4-YEAR ADJUSTED COHORT GRADUATION RATE.—The term 

‘4-year adjusted cohort graduation rate’ means the percent obtained by calculating the product of— 

‘‘(A) the result of— 

‘‘(i) the number of students who— 

‘‘(I) formed the adjusted cohort 4 years earlier; 

and 

‘‘(II) graduate in 4 years or less with a regular 

secondary school diploma; divided by 

‘‘(ii) the number of students who formed the adjusted cohort for that year’s graduating class 4 years 

earlier; multiplied by 

‘‘(B) 100. 

‘‘(3) EXTENDED-YEAR GRADUATION RATE.—The term ‘extended-year graduation rate’ for a school year is defined as the 

percent obtained by calculating the product of the result of— 

‘‘(A) the sum of— 

‘‘(i) the number of students who— 

‘‘(I) form the adjusted cohort for that year’s 

graduating class; and 

‘‘(II) graduate in an extended year with a regular secondary school diploma; or 

‘‘(III) graduate before exceeding the age for eligibility for a free appropriate public education (as 

defined in section 602 of the Individuals with Disabilities Education Act) under State law; divided 

by 

‘‘(ii) the result of— 

‘‘(I) the number of students who form the adjusted cohort for that year’s graduating class; plus 

‘‘(II) the number of students who transferred in 

during the extended year defined in paragraph 

(1)(B), minus 

‘‘(III) students who transferred out, emigrated, 

or died during the extended year defined in paragraph (1)(B); multiplied by 

‘‘(B) 100. 

‘‘(4) LEAVER CODE.—The term ‘leaver code’ means a number 

or series of numbers and letters assigned to a categorical reaVerDate Sep 11 2014 06:02 Feb 26, 2015 Jkt 093510 PO 00000 Frm 00081 Fmt 6659 Sfmt 6602 E:\HR\OC\HR029.XXX HR029

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son for why a student left the high school from which she or 

he is enrolled without having earned a regular high school diploma, except that— 

‘‘(A) an individual student with either a duplicative code 

or whom has not been assigned a leaver code shall not be 

removed from the cohort assigned for the purpose of calculating the adjusted cohort graduation rate; and 

‘‘(B) the number of students with either a duplicative 

leaver code or who have not been assigned a leaver code 

shall be included in reporting requirements for the leaver 

code. 

‘‘(5) MULTI-TIER SYSTEM OF SUPPORTS.—The term ‘multi-tier 

system of supports’ means a comprehensive system of differentiated supports that includes evidence-based instruction, universal screening, progress monitoring, formative assessment, 

and research-based interventions matched to student needs, 

and educational decision-making using student outcome data. 

‘‘(6) GRADUATION RATE.—The term ‘graduation rate’ means a 

4-year adjusted cohort graduation rate and the extended-year 

graduation rate. 

‘‘(7) REGULAR SECONDARY SCHOOL DIPLOMA.— 

‘‘(A) The term ‘regular secondary school diploma’ means 

standard secondary school diploma awarded to the preponderance of students in the State that is fully aligned with 

the State’s college and career ready achievement standards 

as described under subsection (b)(4), or a higher diploma. 

Such term shall not include GED’s, certificates of attendance, or any lesser diploma awards. 

‘‘(B) If a State adopts different paths to the regular secondary school diploma, such different paths shall— 

‘‘(i) be available to all students in the State; 

‘‘(ii) be equally rigorous in their requirements; and 

‘‘(iii) signify that a student is prepared for college or 

a career without the need for remediation.’’. 

SEC. 104. ELIGIBLE SCHOOL ATTENDANCE AREAS. 

Section 1113(c)(3) (20 U.S.C. 6313(c)(3)) is amended to read as 

follows: 

‘‘(3) RESERVATION.— 

‘‘(A) IN GENERAL.—A local educational agency shall reserve such funds as are necessary under this part to provide services comparable to those provided to children in 

schools funded under this part to serve— 

‘‘(i) homeless children who are attending any public 

school served by the local educational agency, including providing educationally related support services to 

children in shelters and other locations where children 

may live; 

‘‘(ii) children in local institutions for neglected children; 

‘‘(iii) if appropriate, children in local institutions for 

delinquent children, and neglected or delinquent children in community day school programs; and 

‘‘(iv) children in foster care (as defined by section 

1442(1)), including providing points of contact (as deVerDate Sep 11 2014 06:02 Feb 26, 2015 Jkt 093510 PO 00000 Frm 00082 Fmt 6659 Sfmt 6602 E:\HR\OC\HR029.XXX HR029

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scribed in section 1441(d)) in local educational aencies 

for child welfare agencies and children in foster care. 

‘‘(B) RESERVATION OF FUNDS.—Notwithstanding the requirements of subsections (b) and (c) of section 1120A, 

funds reserved under subparagraph (A) may be used to 

provide homeless children and youths with services not ordinarily provided to other students under this part, including providing transportation pursuant to section 

722(g)(1)(J)(iii) of such Act. 

‘‘(C) AMOUNT RESERVED.—The amount of funds reserved 

under subparagraph (A)(i) shall be determined by an assessment of the numbers and the needs of homeless children and youths in the local educational agency.’’. 

SEC. 105. ACADEMIC ASSESSMENT AND LOCAL EDUCATIONAL AGENCY 

AND SCHOOL IMPROVEMENT; SCHOOL SUPPORT AND 

RECOGNITION. 

Section 1116 (20 U.S.C. 6316) is amended to read as follows: 

‘‘SEC. 1116. SCHOOL IMPROVEMENT. 

‘‘(a) LOCAL REVIEW.— 

‘‘(1) IN GENERAL.—Each local educational agency receiving 

funds under this part shall— 

‘‘(A) use the State academic assessments, including 

measures of student growth and graduation rates, and 

data on the state-established equity indicators described in 

section 1111(c)(1)(C) and the differentiation described in 

section 1111(c)(1)(D) to review, annually, the progress of 

each school served under this part, and consistent with the 

parameters described in paragraph (2), to assist the State 

in determining whether the school is— 

‘‘(i) meeting performance targets, growth targets, 

and graduation rate targets established under section 

1111(c)(2); and 

‘‘(ii) making progress to address school challenges 

identified using the state- established equity indicators described in section 1111(c)(1)(C); 

‘‘(B) based on the review conducted under subparagraph 

(A), assist the State in determining whether a school 

served under this part is— 

‘‘(i) in need of support as described under section 

1111(c)(1)(E)(ii); or 

‘‘(ii) a high priority school that meets the State-established parameters under paragraph (2); 

‘‘(C) publicize and disseminate the results of the local 

annual review described in subparagraph (A) to parents, 

teachers, principals, schools, and the community so that 

the teachers, principals, other staff, and schools can improve instruction to help all children served under this 

part meet the college and career ready achievement standards established under section 1111(b); and 

‘‘(D) use the equity indicators established under section 

1111(c)(1)(C) to diagnose school challenges and measure 

school progress in carrying out the school improvement activities under this section. 


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‘‘(2) HIGH PRIORITY SCHOOLS.—The State educational agency 

shall establish parameters to identify high priority schools 

within the local educational agency that— 

‘‘(A) for elementary schools— 

‘‘(i) shall use student achievement on the assessments required under section 1111(b)(3), including 

prior year data; 

‘‘(ii) shall use student growth data on the assessments under section 1111(b)(3), including prior year 

data; and 

‘‘(iii) shall use, to a lesser extent than each of the 

parameters established in clauses (i) and (ii), data on 

the equity indicators established under section 

1111(c)(1)(C); and 

‘‘(B) for secondary schools— 

‘‘(i) shall use student achievement on the assessments required under section 1111(b)(3), including 

prior year data; 

‘‘(ii) shall use student growth data on the assessments under section 1111(b)(3), including prior year 

data; 

‘‘(iii) shall use graduation rate data, including prior 

year data; and 

‘‘(iv) shall use, to a lesser extent than each of the parameters established in clauses (i) through clause (iii), 

data on the equity indicators established under section 

1111(c)(1)(C); or 

‘‘(v) shall include schools with 4-year adjusted cohort 

graduation rates below 67 percent as high priority 

schools. 

‘‘(b) SCHOOL IMPROVEMENT.— ‘‘(1) IN GENERAL.—Each school served under this part determined to be a school in need of support pursuant to section 

1111(c)(1)(C)(ii) or a high-priority school pursuant to 

1111(c)(1)(C)(i), shall form a school improvement team described in paragraph (2) to develop and implement a school improvement plan described in paragraph (3) to improve educational outcomes for all students and address existing resource inequities. 

‘‘(2) SCHOOL IMPROVEMENT TEAM.— 

‘‘(A) IN GENERAL.—Each school described in paragraph 

(1) shall form a school improvement team, which shall include school leaders, teachers, parents, community members, and specialized instructional support personnel. 

‘‘(B) SCHOOLS IN NEED OF SUPPORT.—Each school improvement team for a school in need of support may include an external partner and representatives of the local 

educational agency and the State educational agency. 

‘‘(C) HIGH-PRIORITY SCHOOLS.—Each school improvement 

team for a high-priority school shall include an external 

partner and representatives of the local educational agency 

and the State educational agency. 

‘‘(3) SCHOOL IMPROVEMENT PLAN.— 

‘‘(A) IN GENERAL.—A school improvement team shall develop, implement, and make publicly available a school imVerDate Sep 11 2014 06:02 Feb 26, 2015 Jkt 093510 PO 00000 Frm 00084 Fmt 6659 Sfmt 6602 E:\HR\OC\HR029.XXX HR029

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provement plan that uses information available under the 

accountability and school improvement system established 

under section 1111(c), data available under the early 

warning indicator system established under subsection 

(c)(5), data on the improvement indicators established 

under section 1111(c)(1)(D), and other relevant data to 

identify— 

‘‘(i) each area in which the school needs support for 

improvement; 

‘‘(ii) the type of support required; 

‘‘(iii) how the school plans to use comprehensive, evidence-based strategies to address such needs; 

‘‘(iv) how the school will measure progress in addressing such needs using the goals and targets and 

improvement indicators established under paragraphs 

(2) and (1)(D) of section 1111(c), respectively, and 

identify which of the goals and targets are not currently being met by the school; and 

‘‘(v) how the school will review its progress and 

make adjustments and corrections to ensure continuous improvement. 

‘‘(B) PLANNING PERIOD.—The school improvement team 

may use a planning period, which shall not be longer than 

one school year to develop and prepare to implement the 

school improvement plan. 

‘‘(C) PLAN REQUIREMENTS.—Each school improvement 

plan shall describe the following: 

‘‘(i) PLANNING AND PREPARATION.—The activities 

during the planning period, including— 

‘‘(I) the preparation activities conducted to effectively implement the budgeting, staffing, curriculum, and instruction changes described in the 

plan; and 

‘‘(II) how the school improvement team engaged 

parents and community organizations. 

‘‘(ii) TARGETS.—The performance, growth, and graduation rate targets that contributed to the school’s status as a school in need of support or high-priority 

school, and the school challenges identified by the 

school improvement indicators under section 

1111(c)(1)(D). 

‘‘(iii) EVIDENCE-BASED, SCHOOL IMPROVEMENT STRATEGIES.—Evidence-based, school improvement strategies to address the factors and challenges described in 

clause (ii), to improve instruction, including in all core 

academic subjects, to improve the achievement of all 

students and address the needs of students identified 

at the catch-up level of achievement. 

‘‘(iv) NEEDS AND CAPACITY ANALYSIS.—A description 

and analysis of the school’s ability and the resources 

necessary to implement the evidence-based, school improvement strategies identified under clause (iii), including an analysis of— 

‘‘(I) staffing resources, such as the number, experience, training level, effectiveness as deterVerDate Sep 11 2014 06:02 Feb 26, 2015 Jkt 093510 PO 00000 Frm 00085 Fmt 6659 Sfmt 6602 E:\HR\OC\HR029.XXX HR029

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mined by the State or local educational agency, responsibilities, and stability of existing administrative, instructional, and non-instructional staff; 

‘‘(II) budget resources, including how Federal, 

State, and local funds are being spent for instruction and operations to determine how existing resources can be aligned and used to support improvement; 

‘‘(III) the school curriculum; 

‘‘(IV) the use of time, such as the school’s schedule and use of additional learning time; and 

‘‘(V) any additional resources and staff necessary to effectively implement the school improvement activities identified in the school improvement plan. 

‘‘(v) IDENTIFYING ROLES.—The roles and responsibilities of the State educational agency, the local educational agency, the school and, if applicable, the external partner in the school improvement activities, 

including providing interventions, support, and resources necessary to implement improvements. 

‘‘(vi) PLAN FOR EVALUATION.—The plan for continuous evaluation of the evidence-based, school improvement strategies, including implementation of and fidelity to the school improvement plan, that includes at 

least quarterly reviews of the effectiveness of such activities. 

‘‘(D) ADDITIONAL REQUIREMENTS FOR HIGH-PRIORITY

SCHOOLS.—For a persistently-low achieving school, the 

school improvement plan shall, in addition to the requirements described in subparagraph (B), describe how the 

school will— 

‘‘(i) address school-wide factors to improve student 

achievement, including— 

‘‘(I) establishing high expectations for all students, which at a minimum, align with the 

achievement standards and growth standards 

under section 1111(b)(4); 

‘‘(II) improving school climate, including student 

attendance and school discipline, through the use 

of school-wide positive behavioral supports and 

interventions and other evidence based approaches to improving school climate; 

‘‘(III) ensuring that the staff charged with implementing the school improvement plan are engaged in the plan and the school turnaround effort; 

‘‘(IV) establishing clear— 

‘‘(aa) benchmarks for implementation of the 

plan; and 

‘‘(bb) targets for improvement on the equity 

indicators under section 1111(c)(1)(C); 

‘‘(ii) organize the school to improve teaching and 

learning, including through— 

‘‘(I) strategic use of time, such as— 


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‘‘(aa) establishing common planning time for 

teachers and interdisciplinary teams who 

share common groups of students; 

‘‘(bb) redesigning the school calendar year 

or day, such as through block scheduling, 

summer learning programs, or increasing the 

number of hours or days, in order to create 

additional learning time; or 

‘‘(cc) creating a flexible school period to address specific student academic needs and interests such as credit recovery, electives, enrichment activities, or service learning; and 

‘‘(II) alignment of resources to improvement 

goals, such as through ensuring that students in 

transition grades are taught by teachers prepared 

to meet their specific learning needs; 

‘‘(iii) increase teacher and school leader effectiveness, as determined by the State or local educational 

agency, including through— 

‘‘(I) demonstrating the principal has the skills, 

capacity, and record of success to significantly improve student achievement and lead a school turnaround, which may include replacing the principal; 

‘‘(II) improving the recruitment and retention of 

qualified and effective teachers and school leaders, 

as determined by the State or local educational 

agency, to work in the school; 

‘‘(III) professional development activities that 

respond to student and school-wide needs aligned 

with the school improvement plan, such as— 

‘‘(aa) training teachers, school leaders, and 

other administrators together with staff from 

schools making achievement goals and performance targets under the accountability system under section 1111(c) that serve similar 

populations and in such schools; 

‘‘(bb) establishing peer learning and coaching among teachers; or 

‘‘(cc) facilitating collaboration, including 

through professional communities across subject area and interdisciplinary groups and 

similar schools; 

‘‘(IV) appropriately identifying teachers for each 

grade and course; and 

‘‘(V) the development of effective leadership 

structures, supports, and clear decision making 

processes, such as through developing distributive 

leadership and leadership teams; 

‘‘(iv) improve curriculum and instruction, including 

through— 

‘‘(I) demonstrating the relevance of the curriculum and learning for all students, including 

instruction in all core academic subjects, and may 

include the use of online course-work as long as 


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such course-work meets standards of quality and 

best practices for online education; 

‘‘(II) increasing access to rigorous and advanced 

course-work, including adoption and implementation of a college- and career-ready curriculum, and 

evidence-based, engaging instructional materials 

aligned with such a curriculum, for all students; 

‘‘(III) increasing access to contextualized learning opportunities aligned with readiness for postsecondary education and the workforce, such as 

providing— 

‘‘(aa) work-based, project-based, and servicelearning opportunities; or 

‘‘(bb) a high-quality, college preparatory 

curriculum in the context of a rigorous career 

and technical education core; 

‘‘(IV) regularly collecting and using data to inform instruction, such as— 

‘‘(aa) through use of formative assessments; 

‘‘(bb) creating and using common grading 

rubrics; or 

‘‘(cc) identifying effective instructional approaches to meet student needs; and 

‘‘(V) emphasizing core skills instruction, such as 

literacy, across content areas; 

‘‘(v) provide students with academic and social support to address individual student learning needs, including through— 

‘‘(I) ensuring access to services and expertise of 

specialized instructional support personnel; 

‘‘(II) supporting students at the catch-up level of 

achievement who need intensive intervention; 

‘‘(III) increasing personalization of the school experience through learning structures that facilitate the development of student and staff relationships; 

‘‘(IV) offering extended-learning, credit recovery, 

mentoring, or tutoring options of sufficient scale to 

meet student needs; 

‘‘(V) providing evidence-based, accelerated learning for students with academic skill levels below 

grade level; 

‘‘(VI) coordinating and increasing access to integrated services, such as providing specialized instructional support personnel; 

‘‘(VII) providing transitional support between 

grade-spans, including postsecondary planning. 

‘‘(VIII) meeting the diverse learning needs of all 

students through strategies such as a multi-tier 

system of supports and universal design for learning, as described in section 5429(b)(21); and 

‘‘(IX) engaging families and community partners, including community-based organizations, 

organizations representing underserved populations, Indian tribes (as appropriate), organizaVerDate Sep 11 2014 06:02 Feb 26, 2015 Jkt 093510 PO 00000 Frm 00088 Fmt 6659 Sfmt 6602 E:\HR\OC\HR029.XXX HR029

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tions assisting parent involvement, institutions of 

higher education, and businesses, in school improvement activities through evidence-based strategies. 

‘‘(E) SUBMISSION AND APPROVAL.—The school improvement team shall submit the school improvement plan to 

the local educational agency or the State educational agency, as determined by the State educational agency based 

on the local educational agency’s ability to effectively monitor and support the school improvement activities. Upon 

receiving the plan, the local educational agency or the 

State educational agency, as appropriate, shall— 

‘‘(i) establish a peer review process to assist with review of the school improvement plan; and 

‘‘(ii) promptly review the plan, work with the school 

improvement team as necessary, and approve the plan 

if the plan meets the requirements of this paragraph. 

‘‘(F) REVISION OF PLAN.—A school improvement team 

may revise the school improvement plan as additional information and data is available. 

‘‘(G) IMPLEMENTATION.—A school with the support and 

assistance of the local educational agency shall implement 

the school improvement plan expeditiously, but not later 

than the beginning of the next full school year after identification for improvement. 

‘‘(4) EVALUATION OF SCHOOL IMPROVEMENT.— ‘‘(A) IN GENERAL.— ‘‘(i) REVIEW.—The State educational agency or local 

educational agency, as determined by the State in accordance with paragraph (3)(D) shall, annually, review 

data with respect to each school in need of support 

and each high-priority school to set clear benchmarks 

for progress, to guide adjustments and corrections, to 

evaluate whether the supports and interventions identified within the school improvement plan are effective 

and the school is meeting the targets for improvement 

established under its such plan, and to specify what 

actions ensue for schools not making progress. 

‘‘(ii) DATA.—In carrying out the annual review under 

clause (i), the school, the local educational agency, or 

State educational agency shall measure progress on— 

‘‘(I) student achievement, student growth, and 

graduation rates against the goals and targets established under section 1111(c)(2); and 

‘‘(II) equity indicators as established under section 1111(c)(1)(C). 

‘‘(B) SCHOOLS IN NEED OF SUPPORT.—If, after 3 years of 

implementing its school improvement plan, a school in 

need of support does not meet the goals and targets under 

section 1111(c)(2) that were identified under the school improvement plan as not being met by the school and the equity indicators established under section 1111(c)(1)(C), 

then— 

‘‘(i) the local educational agency shall evaluate 

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sive assistance to that school in order to improve the 

effectiveness of the interventions; and 

‘‘(ii) the State educational agency or the local educational agency, as determined by the State, shall determine whether the school shall partner with an external partner— 

‘‘(I) to revise the school improvement plan; and 

‘‘(II) to improve, and as appropriate, revise, 

school improvement strategies that meet the requirements of paragraph (3)(B)(iii). 

‘‘(C) HIGH PRIORITY SCHOOLS.—If, after 3 years of implementing its school improvement plan, a high priority 

school does not demonstrate progress on the goals and targets under section 1111(c)(2) that were identified under 

the school improvement plan as not being met by the 

school or the equity indicators established under section 

1111(c)(1)(C), then the local educational agency, in collaboration with the State educational agency, will take steps 

to ensure more rigorous evidence-based interventions are 

implemented, which may include partnering with an external partner with demonstrated results improving schools. 

‘‘(D) HIGH PRIORITY SCHOOL.—If, after 5 years of implementing its school improvement plan, a high priority 

school does not demonstrate progress on the goals and targets under section 1111(c)(2) that were identified under 

the school improvement plan as not being met by the 

school and the equity indicators established under section 

1111(c)(1)(C), then— 

‘‘(i) the local educational agency, in collaboration 

with the State educational agency, shall determine actionable next steps which may include school closure, 

replacement, or State take-over of such school, shall 

provide all students enrolled with new high-quality 

educational options; 

‘‘(ii) the local educational agency, and as appropriate 

the State educational agency, shall develop and implement a plan to assist with any resulting transition of 

the school under clause (i) that— 

‘‘(I) is developed in consultation with parents 

and the community; 

‘‘(II) addresses the needs of the students at the 

school by considering strategies such as— 

‘‘(aa) opening a new school; 

‘‘(bb) graduating out current students and 

closing the school in stages; and 

‘‘(cc) enrolling the students who attended 

the school in other schools in the local educational agency that are higher achieving, 

provided the other schools are within reasonable proximity to the closed school and ensures receiving schools have the capacity to 

enroll incoming students; and 

‘‘(III) provides information about high-quality 

educational options and transition and support 


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services to students who attended that school and 

their parents. 

‘‘(c) LOCAL EDUCATIONAL AGENCY RESPONSIBILITIES.—A local 

educational agency served by this part, in supporting the schools 

identified as a school in need of support or a high-priority school 

served by the agency, shall— 

‘‘(1) address resource inequities to improve student achievement by— 

‘‘(A) targeting resources and support to those schools 

identified as high priority or as in need of support, including additional resources and staff necessary to implement 

the school improvement plan, as described in subsection 

(b)(3)(C)(iv)(V), and 

‘‘(B) ensuring the local educational agency budget calendar is aligned with school staff and budgeting needs; 

‘‘(2) address local educational agency-wide factors to improve 

student achievement by— 

‘‘(A) supporting the use of data to improve teaching and 

learning through— 

‘‘(i) improving longitudinal data systems; 

‘‘(ii) regularly analyzing and disseminating usable 

data to educators, parents, and students; 

‘‘(iii) building the data and assessment literacy of 

teachers and principals; and 

‘‘(iv) evaluating at kindergarten entry the kindergarten readiness of children and addressing the educational and development needs determined by such 

evaluation; 

‘‘(B) addressing school transition needs of the local educational agency by— 

‘‘(i) using kindergarten readiness data to consider 

improving access to high-quality early education opportunities; and 

‘‘(ii) providing targeted research-based interventions 

to middle schools that feed into high schools identified 

for school improvement under this section; 

‘‘(C) supporting human capital systems that ensure there 

is a sufficient pool of qualified and effective teachers and 

school leaders, as determined by the State or local educational agency, to work in schools served by the local educational agency; 

‘‘(D) developing support for school improvement plans 

among key stakeholders such as parents and families, 

community groups representing underserved populations, 

Indian tribes (as appropriate), educators, and teachers; 

‘‘(E) carrying out administrative duties under this section, including evaluation for school improvement and 

technical assistance for schools; and 

‘‘(F) coordinating activities under this section with other 

relevant State and local agencies, as appropriate; 

‘‘(3) supporting professional development activities for teachers, school leaders, and specialized instructional support personnel aligned to school improvement activities; 

‘‘(4) address curriculum and instruction factors to improve 

student achievement by— 


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‘‘(A) ensuring curriculum alignment with the State’s 

early learning standards and postsecondary education programs; 

‘‘(B) providing academically rigorous education options 

such as— 

‘‘(i) effective dropout prevention, credit and dropout 

recovery and recuperative education programs for disconnected youth and students who are not making sufficient progress to graduate high school in the standard number of years or who have dropped out of high 

school; 

‘‘(ii) providing students with postsecondary learning 

opportunities, such as through access to a relevant 

curriculum or course of study that enables a student 

to earn a secondary school diploma and— 

‘‘(I) an associate’s degree; or 

‘‘(II) not more than 2 years of transferable credit 

toward a postsecondary degree or credential; 

‘‘(iii) integrating rigorous academic education with 

career training, including training that leads to postsecondary credentials for students; 

‘‘(iv) increasing access to Advanced Placement or 

International Baccalaureate courses and examinations; 

or 

‘‘(v) developing and utilizing innovative, high quality 

distance learning strategies to improve student academic achievement; and 

‘‘(C) considering how technology can be used to support 

school improvement activities; 

‘‘(5) address student support factors to improve student 

achievement by— 

‘‘(A) establishing an early warning indicator system to 

identify students who are at risk of dropping out of high 

school and to guide preventive and recuperative school improvement strategies, including— 

‘‘(i) identifying and analyzing the academic risk factors that most reliably predict dropouts by using longitudinal data of past cohorts of students; 

‘‘(ii) identifying specific indicators of student 

progress and performance, such as attendance, academic performance in core courses, and credit accumulation, to guide decision making; 

‘‘(iii) identifying or developing a mechanism for regularly collecting and analyzing data about the impact 

of interventions on the indicators of student progress 

and performance; and 

‘‘(iv) analyzing academic indicators to determine 

whether students are on track to graduate secondary 

school in the standard numbers of years; and 

‘‘(B) identifying and implementing strategies for pairing 

academic support with integrated student services and 

case-managed interventions for students requiring intensive supports which may include partnerships with other 

external partners; 


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‘‘(6) promote family outreach and engagement in school improvement activities, including those required by section 1118, 

to improve student achievement; 

‘‘(7) for each school identified for school improvement, ensure 

the provision of technical assistance as the school develops and 

implements the school improvement plan throughout the plan’s 

duration; and 

‘‘(8) identify school improvement strategies that are consistently improving student outcomes and disseminate those strategies so that all schools can implement them. 

‘‘(d) STATE EDUCATIONAL AGENCY RESPONSIBILITIES.—A State 

educational agency served by this part, in supporting schools identified as a school in need of support or a high-priority school and 

the local educational agencies serving such schools, shall— 

‘‘(1) assess and address local capacity constraints to ensure 

that its local educational agencies can meet the requirements 

of this section; 

‘‘(2) target resources and support to those schools in the 

State that are identified as a school in need of support or a 

high-priority school and to local educational agencies serving 

such schools, including additional resources necessary to implement the school improvement plan as described in subsection 

(b)(3)(C)(iv)(V); 

‘‘(3) provide support and technical assistance, including assistance to school leaders, teachers, and other staff, to assist 

local educational agencies and schools in using data to support 

school equity and in addressing the equity indicators described 

in section 1111(c)(1)(C); 

‘‘(4) identify school improvement strategies that are consistently improving student outcomes and disseminate those strategies so that all schools can implement them; 

‘‘(5) leverage resources from other funding sources, such as 

school improvement funds, technology funds, and professional 

development funds to support school improvement activities; 

‘‘(6) provide a statewide system of support, including regional 

support services, to improve teaching, learning, and student 

outcomes; 

‘‘(7) assist local educational agencies in developing early 

warning indicator systems; 

‘‘(8) with respect to schools that will work with external partners to improve student achievement— 

‘‘(A) develop and apply objective criteria to potential external partners that are based on a demonstrated record of 

effectiveness in school improvement; 

‘‘(B) maintain an updated list of approved external partners across the State; 

‘‘(C) develop, implement, and publicly report on standards and techniques for monitoring the quality and effectiveness of the services offered by approved external partners, and for withdrawing approval from external partners 

that fail to improve high-priority schools; and 

‘‘(D) may identify external partners as approved, consistent with the requirements under paragraph (7), who 

agree to provide services on the basis of receiving payments only when student achievement has increased at an 


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appropriate level as determined by the State educational 

agency and school improvement team under subsection 

(b)(2); and 

‘‘(9) carry out administrative duties under this section, including providing monitoring and technical assistance to local 

educational agencies and schools. 

‘‘(e) RULES OF CONSTRUCTION.—Nothing in this section shall be 

construed— 

‘‘(1) to alter or otherwise affect the rights, remedies, and procedures afforded school or local educational agency employees 

under Federal, State, or local laws (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; 

‘‘(2) to require a child to participate in an early learning program; or 

‘‘(3) to deny entry to kindergarten for any individual if the 

individual is legally eligible, as defined by State or local law. 

‘‘(f) DEFINITION.—In this section, the term ‘external partner’ 

means an entity— 

‘‘(1) that is an organization such as a nonprofit organization, 

community-based organization, local education fund, service organization, educational service agency, or institution of higher 

education; and 

‘‘(2) that has demonstrated expertise, effectiveness, and a 

record of success in providing evidence-based strategies and 

targeted support such as data analysis, professional development, or provision of nonacademic support and integrated student services to local educational agencies, schools, or students 

that leads to improved teaching, learning, and outcomes for 

students.’’. 

SEC. 106. PARENTAL INVOLVEMENT. 

(a) PARENTAL INVOLVEMENT.—Section 1118 (20 U.S.C. 6318) is 

amended— 

(1) by redesignating subsections (a) through (h) as subsections (b) through (i), respectively; and 

(2) by inserting before subsection (b), as redesignated by 

paragraph (1), the following: 

‘‘(a) IN GENERAL.—Each local educational agency and each school 

receiving funds under this part shall develop policies and practices 

for family engagement in education that meet the following principles and standards for family-school partnerships: 

‘‘(1) Welcome all families to be active participants in the life 

of the school, so that they feel valued and connected to each 

other, school staff, and student learning. 

‘‘(2) Communicate effectively by ensuring regular two-way, 

meaningful communication between family members and local 

educational agency and school staff in a manner, language, and 

with technology that family members can understand and access. 

‘‘(3) Support student success by fostering continuous collaboration between family members and local educational agency 

and school staff to support student learning and healthy student development at school and at home. 


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‘‘(4) Speak up for every child and empower family members 

to be advocates for all students within the school. 

‘‘(5) Ensure that family members, local educational agencies, 

and school staff are equal partners in family engagement in 

education decisionmaking. 

‘‘(6) Collaborate with community organizations and groups to 

turn the school into a hub of community life. 

‘‘(7) Create a continuum of family engagement in education 

in student learning and development from birth to young 

adulthood. 

‘‘(8) Train and support superintendents, principals, teachers, 

and specialized instructional support personnel to fully engage 

families in the education of their children.’’. 

(b) WRITTEN POLICY.—Section 1118(b)(2), as redesignated by subsection (a), is amended— 

(1) in subparagraph (C), by striking ‘‘subsection (e)’’ and inserting ‘‘subsection (f)’’; 

(2) in subparagraph (E), by striking ‘‘and’’ after the semicolon; 

(3) in subparagraph (F), by striking the period at the end 

and inserting a semicolon; and 

(4) by adding at the end the following: 

‘‘(G) participate in evaluations of the effectiveness of 

family engagement in education strategies and policies; 

and 

‘‘(H) participate in developing recommendations for creating a positive school climate and safe and healthy 

schools.’’. 

(c) RESERVATION.—Section 1118(b)(3)(A), as redesignated by subsection (a), is amended to read as follows: 

‘‘(A) IN GENERAL.—Each local educational agency shall 

reserve not less than 2 percent of its allocation under subpart 2 to carry out this section, except that this subparagraph shall not apply if 2 percent is such agency’s allocation under subpart 2 for the fiscal year for which the determination is made is $10,000 or less.’’. 

(d) DISTRIBUTION.—Section 1118(b)(3)(C), as redesignated by subsection (a), is amended to read as follows: 

‘‘(C) DISTRIBUTION.—Not more than 20 percent of the 

funds reserved under subparagraph (A) shall be available 

for local educational agency programming and technical 

assistance to schools served under this part.’’. 

(e) RESERVED FUNDS.—Section 1118(b)(3), as redesignated by 

subsection (a), is amended— 

(1) by redesignating subparagraphs (B) and (c) as subparagraphs (C) and (D), respectively; and 

(2) by inserting after subparagraph (A) the following: 

‘‘(B) USE OF FUNDS.—Funds reserved under subparagraph (A) may be used for the following: 

‘‘(i) Increasing capacity through establishment of a 

dedicated office or dedicated office or dedicated personnel within the local educational agency or at the 

school level for family engagement in education. 

‘‘(ii) Supporting schools and nonprofit organizations 

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gagement in education for school staff, parent leadership training, family literacy and numeracy programs, 

home visitation programs, family volunteerism programs, and other innovative programs that meaningfully engage families. 

‘‘(iii) Providing technical assistance and training to 

schools on the implementation and assessment of family engagement in education policies and practices. 

‘‘(iv) Providing additional support to schools that 

have been identified for improvement under section 

1116(b) to assist in the implementation of family engagement in education programs. 

‘‘(v) Partnering with the Statewide Family Engagement Center and local community-based organizations 

to identify community resources, services, and supports to remove economic obstacles to family engagement in education by meeting families’ needs. 

‘‘(vi) Supporting schools and eligible entities in the 

development and implementation of research-based 

practices and programs that emphasize the importance of family engagement in academic success and 

positive development by addressing factors such as— 

‘‘(I) successful transitions from early learning to 

kindergarten through grade 12 settings; 

‘‘(II) improved understanding of and shared responsibility for student success; 

‘‘(III) improved understanding and use of student and school data; 

‘‘(IV) open, effective communication between 

schools and families; 

‘‘(V) early warning indicators that a student is 

at risk of not graduating on time; 

‘‘(VI) improved understanding of State and local 

accountability systems, academic standards and 

student assessments; 

‘‘(VII) parent and community advocacy to increase parent participation; 

‘‘(VIII) improved understanding of the parents’ 

role in academic, social, and financial preparation 

for postsecondary education, including career and 

technical education. 

‘‘(vii) Assisting schools in the development, implementation, and assessment of family engagement in 

education plans. 

‘‘(viii) Monitoring and evaluating the family engagement in education in education policies and practices 

funded under this section. 

‘‘(ix) Supporting other activities approved in the 

local educational agency’s plan for improving family 

engagement in education.’’. 

(f) SCHOOL PARENTAL INVOLVEMENT POLICY.—Section 1118(c)(1), 

as redesignated by subsection (a), is amended in the first sentence 

by striking ‘‘subsections (c) through (f)’’ and inserting ‘‘subsections 

(d) through (g)’’. 


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(g) SHARED RESPONSIBILITY FOR HIGH STUDENT ACHIEVEMENT.— Section 1118(e), as redesignated by subsection (a), is amended— 

(1) in the matter preceding paragraph (1), by striking ‘‘subsection (b)’’ and inserting ‘‘subsection (c)’’; and 

(2) by striking paragraph (1) and inserting the following: 

‘‘(1) describe the school’s responsibility to— 

‘‘(A) provide high-quality curriculum and instruction in a 

supportive and effective learning environment that enables 

the children served under this part to meet the State’s student academic achievement standards, and the ways in 

which parents and families will support their children’s 

learning, such as— 

‘‘(i) monitoring attendance and homework completion; 

‘‘(ii) volunteering in their child’s classroom or school; 

and 

‘‘(iii) participating, as appropriate, in decisions relating to the education of their children and positive use 

of extracurricular time; and 

‘‘(B) engage families in the development of recommendations for student attendance, expectations, behavior, and 

school safety, including the development of reasonable disciplinary policies and interventions, such as the implementation of school-wide positive behavior interventions and 

supports and the phase-out of out-of-school suspension and 

expulsion and to address bullying and harassment; and’’. 

SEC. 107. PARAPROFESSIONALS. 

Section 1119 (20 U.S.C. 6319) is amended— 

(1) by striking subsections (c) through (g) and inserting the 

following: 

‘‘(c) PARAPROFESSIONALS.— ‘‘(1) IN GENERAL.—Each local educational agency receiving 

assistance under this part shall ensure that all paraprofessionals working in a program supported with funds under this 

part shall have— 

‘‘(A) completed at least 2 years of study at an institution 

of higher education; 

‘‘(B) obtained an associate’s (or higher) degree; or 

‘‘(C) met a rigorous standard of quality and can demonstrate, through a formal State or local academic assessment— 

‘‘(i) knowledge of, and the ability to assist in instructing, reading, writing, and mathematics; or 

‘‘(ii) knowledge of, and the ability to assist in instructing, reading readiness, writing readiness, and 

mathematics readiness, as appropriate. 

‘‘(2) CLARIFICATION.—The receipt of a secondary school diploma (or its recognized equivalent) shall be necessary but not 

sufficient to satisfy the requirements of paragraph (1)(C). 

‘‘(d) EXCEPTION FOR TRANSLATION AND PARENTAL INVOLVEMENT

ACTIVITIES.—Subsection (c) shall not apply to a paraprofessional— 

‘‘(1) who is proficient in English and a language other than 

English and who provides services primarily to enhance the 

participation of children in programs under this part by acting 

as a translator; or 


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‘‘(2) whose duties consist solely of conducting parental involvement activities consistent with section 1118. 

‘‘(e) GENERAL REQUIREMENT FOR ALL PARAPROFESSIONALS.—Each 

local educational agency receiving assistance under this part shall 

ensure that all paraprofessionals working in a program supported 

with funds under this part, regardless of the paraprofessionals’ hiring date, have earned a secondary school diploma or its recognized 

equivalent. 

‘‘(f) DUTIES OF PARAPROFESSIONALS.— ‘‘(1) IN GENERAL.—Each local educational agency receiving 

assistance under this part shall ensure that a paraprofessional 

working in a program supported with funds under this part is 

not assigned a duty inconsistent with this subsection. 

‘‘(2) RESPONSIBILITIES PARAPROFESSIONALS MAY BE AS- SIGNED.—A paraprofessional described in paragraph (1) may be 

assigned— 

‘‘(A) to provide one-on-one tutoring for eligible students, 

if the tutoring is scheduled at a time when a student 

would not otherwise receive instruction from a teacher; 

‘‘(B) to assist with classroom management, such as organizing instructional and other materials; 

‘‘(C) to provide assistance in a computer laboratory; 

‘‘(D) to conduct parental involvement activities; 

‘‘(E) to provide support in a library or media center; 

‘‘(F) to act as a translator; or 

‘‘(G) to provide instructional services to students in accordance with paragraph (3). 

‘‘(3) ADDITIONAL LIMITATIONS.—A paraprofessional described 

in paragraph (1)— 

‘‘(A) may not provide any instructional service to a student unless the paraprofessional is working under the direct supervision of a teacher consistent with section 1119; 

and 

‘‘(B) may assume limited duties that are assigned to 

similar personnel who are not working in a program supported with funds under this part, including duties beyond 

classroom instruction or that do not benefit participating 

children, so long as the amount of time spent on such duties is the same proportion of total work time as prevails 

with respect to similar personnel at the same school.’’. 

SEC. 108. COMPARABLE ALLOCATION OF EXPENDITURES. 

(a) AMENDMENT.—Section 1120A(c) (20 U.S.C. 6321(c)) is amended to read as follows: 

‘‘(c) COMPARABLE ALLOCATION OF EXPENDITURES.— 

‘‘(1) IN GENERAL.— 

‘‘(A) COMPARABLE FUNDING.—Not later than 5 full school 

years after the date of enactment the Student Success Act, 

except as provided in paragraphs (5), (6), and (7), a local 

educational agency may receive funds under this part for 

a fiscal year only if, for the preceding fiscal year, the combined expenditure per pupil of State and local funds, including personnel and nonpersonnel costs, in each school 

served under this part was at least comparable to the average combined expenditure per pupil of State and local 

funds, including personnel and nonpersonnel costs, across 


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all schools served by the local educational agency that are 

not receiving funds under this part. 

‘‘(B) COMPARABLE FUNDING AMONG TITLE I SCHOOLS.—In 

any case where all of the schools served by a local educational agency receive support under this part, such agency may receive funds under this part only if, for the preceding fiscal year, the combined expenditure per pupil of 

State and local funds in each higher poverty school is at 

least comparable to the average combined expenditure per 

pupil of State and local funds across all lower poverty 

schools. 

‘‘(2) EQUIVALENCE.—A local educational agency shall be considered to have met the requirements of paragraph (1), and to 

be eligible to receive funds under this part, if— 

‘‘(A) such agency has filed annually with the State educational agency a school-by-school listing of per-pupil expenditures of State and local funds, as described in paragraph (1), for each school served by the agency for the preceding fiscal year; and 

‘‘(B) the listing described in subparagraph (A) demonstrates comparable allocation of per-pupil expenditures 

across schools as required by subparagraph (A) or (B) of 

paragraph (1). 

‘‘(3) BASIS.—A local educational agency may meet the requirements of paragraphs (1) or (2) across all schools or among 

schools serving a particular grade span, if the local educational 

agency compares schools within not more than three grade 

spans. 

‘‘(4) REQUIREMENTS.— 

‘‘(A) REQUIREMENTS OF THE SECRETARY.—The Secretary 

shall issue regulations concerning the responsibilities of 

State educational agencies and local educational agencies 

for meeting the requirements of this subsection. 

‘‘(B) REQUIREMENTS OF STATES.—Each State educational 

agency receiving funds under this part shall— 

‘‘(i) create and distribute to local educational agencies, and make available to the public, regulations on 

the responsibilities of local educational agencies for 

meeting the requirements of this subsection; and 

‘‘(ii) submit a plan to the Secretary, required under 

section 1111(d)(1)(B). 

‘‘(C) REQUIREMENTS OF LOCAL EDUCATIONAL AGENCIES.— 

Not later than 18 months after the date of enactment of 

the Student Success Act, each local educational agency receiving funds under this part shall develop and submit to 

the State educational agency a plan, which shall be made 

available to the public, that will ensure comparable allocation of resources as described in paragraph (1) not later 

than 5 full school years after the date of enactment of the 

Student Success Act, including information on— 

‘‘(i) a timeline and annual benchmarks for making 

progress toward achieving comparable allocation of resources; and 

‘‘(ii) how the local educational agency is aligning 

school improvement efforts described under section 


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1116(b) and (c), efforts to improve educator supports 

and working conditions described in section 2112(b)(3), 

and efforts to improve the equitable distribution of 

teachers and principals described in section 2112(b)(5), 

with efforts to improve the comparable allocation of resources as described in this subsection; 

‘‘(5) INAPPLICABILITY.—This subsection shall not apply to a 

local educational agency that does not have more than one 

building for each grade span. 

‘‘(6) COMPLIANCE.—For the purpose of determining compliance with paragraph (1), a local educational agency— 

‘‘(A) shall exclude State and local funds expended for the 

excess costs of providing English language instruction for 

Limited English Proficient students as determined by the 

local educational agency; 

‘‘(B) shall exclude State and local funds expended for the 

excess costs of providing services to children with disabilities as determined by the local educational agency; 

‘‘(C) may exclude capital expenditures; and 

‘‘(D) may exclude supplemental State or local funds expended in any school attendance area or school for programs that meet the intent and purpose of this part. 

‘‘(7) EXCLUSIONS.—A local educational agency need not include unpredictable or significant changes in student enrollment or personnel assignments that occur after the beginning 

of a school year in determining the comparable allocation of expenditures under this subsection. 

‘‘(8) TRANSITIONAL COMPLIANCE.—Beginning on the date of 

enactment of Student Success Act, for no more than 5 full 

school years a local educational agency shall be deemed to be 

in compliance with paragraph (1) and paragraph (4)(C)(i) for 

any school year, if the teachers hired to fill vacancies for individual schools served under this part, and for the schools not 

served under this part, improve the comparable allocation of 

combined State and local per pupil expenditures compared to 

the preceding school year. 

‘‘(9) WAIVER.—A local educational agency may apply to the 

Secretary to waive the requirement of paragraph (1), for not 

more than 1 year at a time, if the Secretary determines that 

the failure to comply with such requirement is due to exceptional or uncontrollable circumstances, such as a natural disaster or a precipitous and unforeseen decline in the agency’s financial resources. 

‘‘(10) RULE OF CONSTRUCTION.—Nothing in this section shall 

be construed to alter or otherwise affect the rights, remedies, 

and procedures afforded school or local educational agency employees under Federal, State, or local laws (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) NO FORCED TRANSFERS.—Nothing in this subsection 

shall be construed to require a local educational agency to 

transfer school personnel in order to comply with the requirements of this subsection.’’. 


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SEC. 109. COORDINATION REQUIREMENTS. 

Section 1120B (20 U.S.C. 6321(c)) is amended to read as follows: 

‘‘SEC. 1120B. COORDINATION REQUIREMENTS. 

‘‘(a) IN GENERAL.—Each local educational agency receiving assistance under this part shall— 

‘‘(1) coordinate, as feasible, with early childhood programs to 

carry out the activities described in subsection (b); and 

‘‘(2) develop agreements with Head Start agencies to carry 

out the activities described in subsection (b). 

‘‘(b) ACTIVITIES.—The activities referred to in subsection (a) are 

activities that increase coordination between the local educational 

agency and a Head Start agency and, if feasible, other entities carrying out early childhood development programs serving children 

who will attend the schools of the local educational agency, including— 

‘‘(1) developing and implementing a systematic procedure for 

receiving records regarding such children, transferred with parental consent from a Head Start program or, where applicable, another early childhood development program; 

‘‘(2) establishing channels of communication between school 

staff and in such Head Start agencies or other entities carrying 

out early their counterparts (including teachers, social workers, 

and health staff) childhood development programs, as appropriate, to facilitate coordination of programs; 

‘‘(3) conducting meetings involving parents, kindergarten or 

elementary school teachers, and Head Start teachers or, if appropriate, teachers from other early childhood development 

programs, to discuss the developmental and other needs of individual children; 

‘‘(4) organizing and participating in joint transition-related 

training of school staff, Head Start program staff, and, where 

appropriate, other early childhood development program staff; 

and 

‘‘(5) linking the educational services provided by such local 

educational agency with the services provided by local Head 

Start agencies. 

‘‘(c) COORDINATION OF REGULATIONS.—The Secretary shall work 

with the Secretary of Health and Human Services to coordinate 

regulations promulgated under this part with regulations promulgated under the Head Start Act.’’. 

SEC. 110. TREATMENT OF THE OUTLYING AREAS AND BUREAU OF INDIAN EDUCATION SCHOOLS. 

(a) IN GENERAL.—Section 1121 (20 U.S.C. 6331) is amended— 

(1) in the section heading, by striking ‘‘THE OUTLYING 

AREAS AND’’; 

(2) by amending subsection (a) to read as follows: 

‘‘(a) RESERVATION OF FUNDS.— 

‘‘(1) IN GENERAL.—From the amount appropriated for payments to States for any fiscal year under sections 1002(a) and 

1125A(f), the Secretary shall reserve— 

‘‘(A) for each fiscal year until the fiscal year described in 

paragraph (2), .67 percent to provide assistance to the Secretary of the Interior in the amount necessary to make 

payments pursuant to subsection (b); and 


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‘‘(B) for the fiscal year described in paragraph (2) and 

each succeeding fiscal year, 0.75 percent to provide assistance to the Secretary of the Interior in the amount necessary to make payments pursuant to such subsection. 

‘‘(2) DESCRIPTION OF FISCAL YEAR.—A fiscal year described in 

this paragraph is a fiscal year for which the total amount allocated under this part for each State, after reserving funds in 

accordance with paragraph (1)(B), would be an amount that is 

not less than the total amount allocated under this part for 

such State for fiscal year 2015.’’; 

(3) by striking subsections (b) and (c); 

(4) by redesignating subsection (d) as subsection (b); and 

(5) in subsection (b), as so redesignated— 

(A) by amending paragraph (1) to read as follows: 

‘‘(1) IN GENERAL.—The amount allotted for payments to the 

Secretary of the Interior under subsection (a) for any fiscal 

year shall be used to meet the special educational needs of— 

‘‘(A) Indian children on reservations served by elementary schools and secondary schools for Indian children operated or supported by the Department of the Interior; and 

‘‘(B) out-of-State Indian children in elementary schools 

and secondary schools in local educational agencies under 

special contracts with the Department of the Interior.’’; 

and 

(B) in paragraph (2), by striking ‘‘subsection (a)(2)’’ and 

inserting ‘‘subsection (a)’’. 

(b) ALLOCATIONS TO STATES.—Section 1122 (20 U.S.C. 6332) is 

amended by striking subsection (e). 

(c) BASIC GRANTS TO LOCAL EDUCATIONAL AGENCIES.—Section 

1124(d) (20 U.S.C. 6333(d)) is amended— 

(1) in paragraph (2), by redesignating subparagraphs (A) and 

(B) as clauses (i) and (ii), respectively, and indenting appropriately; 

(2) by redesignating paragraphs (1) and (2) as subparagraphs 

(A) and (B), respectively, and indenting appropriately; 

(3) by striking ‘‘Notwithstanding section 1122’’ and inserting 

the following: 

‘‘(1) IN GENERAL.—Notwithstanding section 1122 and except 

as provided in paragraph (2)’’; 

(4) in paragraph (1)(B)(i) (as so redesignated), by striking 

‘‘calculated in paragraph (1)’’ and inserting ‘‘calculated in subparagraph (A)’’; and 

(5) by adding at the end the following new paragraph: 

‘‘(2) EXCEPTION.—American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, and the United States 

Virgin Islands shall each receive one-half of the lesser of the 

amounts calculated for each such jurisdiction under subparagraphs (A) and (B) of paragraph (1).’’. 

(d) CONCENTRATION GRANTS TO LOCAL EDUCATIONAL AGENCIES.—Section 1124A(a)(1)(B) (20 U.S.C. 6334(a)(1)(B)) is amended— 

(1) by inserting ‘‘STATE MINIMUM.—’’ after the subparagraph 

enumerator; 

(2) in clause (ii)— 


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(A) in subclause (II), by redesignating items (aa) and 

(bb) as subitems (AA) and (BB), respectively, and indenting appropriately; and 

(B) by redesignating subclauses (I) and (II) as items (aa) 

and (bb), respectively, and indenting appropriately; 

(3) by redesignating clauses (i) and (ii) as subclauses (I) and 

(II), respectively, and indenting appropriately; 

(4) by striking ‘‘Notwithstanding section 1122’’ and inserting 

the following: 

‘‘(i) IN GENERAL.—Notwithstanding section 1122 and 

except as provided in clause (ii)’’; 

(5) in clause (i)(II)(aa) (as so redesignated) by striking ‘‘calculated under clause (i)’’ and inserting ‘‘calculated under subclause (I)’’; and 

(6) by adding at the end the following new clause: 

‘‘(ii) EXCEPTION.—American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, and the 

United States Virgin Islands shall each receive onehalf of the lesser of the amounts calculated for each 

such jurisdiction under subclauses (I) and (II) of clause 

(i).’’. 

(e) TARGETED GRANTS TO LOCAL EDUCATIONAL AGENCIES.—Section 1125(e) (20 U.S.C. 6335(e)) is amended— 

(1) in paragraph (2), by redesignating subparagraphs (A) and 

(B) as clauses (i) and (ii), respectively, and indenting appropriately; 

(2) by redesignating paragraphs (1) and (2) as subparagraphs 

(A) and (B), respectively, and indenting appropriately; 

(3) by striking ‘‘Notwithstanding any other provision of this 

section or section 1122’’ and inserting the following: 

‘‘(1) IN GENERAL.—Notwithstanding section 1122 and except 

as provided in paragraph (2)’’; 

(4) by adding at the end the following new paragraph: 

‘‘(2) EXCEPTION.—American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, and the United States 

Virgin Islands shall each receive one-half of the lesser of the 

amounts calculated for each such jurisdiction under subparagraphs (A) and (B) of paragraph (1).’’. 

(f) EDUCATION FINANCE INCENTIVE GRANT PROGRAM.—Section 

1125A(b) (20 U.S.C. 6337(b)) is amended— 

(1) in paragraph (1)(B)— 

(A) in clause (ii), by redesignating subclauses (I) and (II) 

as items (aa) and (bb), respectively, and indenting appropriately; 

(B) by redesignating clauses (i) and (ii) as subclauses (I) 

and (II), respectively, and indenting appropriately; 

(C) by striking ‘‘Notwithstanding any other provision of 

this section or section 1122’’ and inserting the following: 

‘‘(i) IN GENERAL.—Notwithstanding section 1122 and 

except as provided in clause (ii)’’; and 

(D) by adding at the end the following new clause: 

‘‘(ii) EXCEPTION.—American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, and the 

United States Virgin Islands shall each receive onehalf of the lesser of the amounts calculated for each 


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such jurisdiction under subclauses (I) and (II) of clause 

(i).’’; and 

(2) in paragraph (2)(B)— 

(A) in the subparagraph heading, by inserting ‘‘AND CERTAIN OUTLYING AREAS’’ before the period at the end; and 

(B) by adding after ‘‘Commonwealth of Puerto Rico’’ the 

following: ‘‘, American Samoa, Guam, the Commonwealth 

of the Northern Mariana Islands, and the United States 

Virgin Islands’’. 

(g) DEFINITION.—Section 9101(30) (20 U.S.C. 7801(30)) is amended by striking ‘‘section 1121(b) and any other’’ and inserting ‘‘any’’. 

SEC. 111. SUPPORT FOR HIGH-QUALITY ASSESSMENTS. 

(a) AMENDMENT.—Part A of title I (20 U.S.C. 6311 et seq.) is 

amended by adding at the end the following new subpart: 

‘‘Subpart 3—Support for High-Quality 

Assessments 

‘‘SEC. 1131. GRANTS TO IMPROVE DELIVERY OF HIGH-QUALITY ASSESSMENTS AND FOR RELATED ACTIVITIES. 

‘‘(a) IN GENERAL.—From the amount reserved under section 

1134(b)(5) and subject to subparagraphs (A) and (B) of such section, 

the Secretary shall make grants by allocating funds in accordance 

with subsection (b) of this section to States to enable the States 

to— 

‘‘(1) develop, administer, and further align State assessments 

required by section 1111(b)(3) to State content standards required by section 1111(b)(1); 

‘‘(2) ensure the provision of appropriate accommodations as 

required by section 1111(b)(3) to students with limited English 

proficiency and students with disabilities to improve the rates 

of inclusion in State assessments of such students; 

‘‘(3) develop State assessment systems aligned to the State’s 

content standards that support systems of continuous improvement and meet the assurance of coordination and alignment as 

described in section 1111(b)(3)(H); 

‘‘(4) support local educational agencies in identifying uses of 

assessment data, which may include appropriate use of student 

assessment data as one of multiple measures of student learning for teacher and school leader performance and evaluation, 

where applicable; and 

‘‘(5) carry out the activities described in the report required 

under subsection (c). 

‘‘(b) ALLOCATION OF FUNDS.—From the amount reserved under 

section 1134(b)(5), each State shall receive an allocation for each 

fiscal year in an amount equal to— 

‘‘(1) $4,000,000; and 

‘‘(2) with respect to any amounts remaining after the allocation is made under paragraph (1), an amount that bears the 

same relationship to such total remaining amounts as the 

number of students ages 5 through 17 in the State (as determined by the Secretary on the basis of the most recent satisfactory data) bears to the total number of such students in all 

States. 


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‘‘(c) STATE REPORT.—Not later than 6 months after a State receives a grant under this section, the State shall, in consultation 

with education stakeholders, prepare and make publically available 

a report, that explains how the State has used, or will use, the 

grant to— 

‘‘(1) improve the quality and use of the State’s assessment 

system, including assessments not required by section 

1111(b)(3), and for related activities; 

‘‘(2) ensure that all summative assessments that are used for 

accountability purposes, including accountability described in 

section 1111(c) are valid and reliable, and consistent with relevant, nationally recognized professional and technical standards; and 

‘‘(3) improve the use of State assessment data by school leaders, educators, and parents, and for related activities, such 

as— 

‘‘(A) disseminating the assessment data in an accessible 

and understandable format for educators, parents, and 

families; 

‘‘(B) decreasing time between administering such State 

assessments and releasing assessment data; 

‘‘(C) supporting the dissemination of promising practices 

from local educational agencies that have successfully used 

assessment data to improve individual student and overall 

school performance; 

‘‘(D) identifying appropriate uses of assessment data, 

which may include appropriate use of student assessment 

data as one of multiple measures of student learning for 

teacher and school leader performance and evaluation; and 

‘‘(E) providing professional development on assessment 

and data literacy to teachers and school leaders, including 

on the development and effective use of formative and 

classroom-based assessments aligned with State content 

standards. 

‘‘SEC. 1132. GRANTS FOR ASSESSMENT SYSTEM ALIGNMENT, QUALITY, 

AND USE. 

‘‘(a) IN GENERAL.—From the amount reserved under section 

1134(b)(3), the Secretary shall make grants to States to— 

‘‘(1) in the case of a grant awarded under this section to a 

State for the first time— 

‘‘(A) carry out an audit of the State assessment system 

and ensure that local educational agencies carry out audits 

of local assessments under subsection (e)(1); 

‘‘(B) prepare and carry out the State plan under subsection (e)(6); and 

‘‘(C) award subgrants under subsection (f); and 

‘‘(2) in the case of a grant awarded under this section to a 

State that has previously received a grant under this section— 

‘‘(A) carry out the State plan on audit findings under 

subsection (e)(6); and 

‘‘(B) award subgrants under subsection (f). 

‘‘(b) MINIMUM AMOUNT.—Each State with an approved application shall receive a grant amount of not less than $2,000,000. 

‘‘(c) REALLOCATION.—If a State chooses not to apply to receive a 

grant under this subsection, or if such State’s application under 


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subsection (d) is disapproved by the Secretary, the Secretary shall 

reallocate such grant amount to other States with approved applications. 

‘‘(d) APPLICATION.—A State desiring to receive a grant under this 

section shall submit an application to the Secretary at such time, 

in such manner, and containing such information as the Secretary 

may require. 

‘‘(e) AUDITS OF STATE ASSESSMENT SYSTEMS AND LOCAL ASSESSMENTS.— 

‘‘(1) AUDIT REQUIREMENTS.—Not later than 1 year after a 

State receives a grant under this section for the first time, the 

State shall— 

‘‘(A) conduct an audit of the State assessment system; 

‘‘(B) ensure that each local educational agency under the 

State’s jurisdiction and receiving funds under this Act— 

‘‘(i) conducts an audit of each local assessment administered by the local educational agency; and 

‘‘(ii) submits the results of such audit to the State; 

and 

‘‘(C) report the results of each State and local educational agency audit conducted under subparagraphs (A) 

and (B)— 

‘‘(i) in a publicly available format, such as a widely 

accessible online platform; and 

‘‘(ii) with appropriate accessibility provisions for individuals with disabilities and individuals with limited 

English proficiency. 

‘‘(2) RESOURCES FOR LOCAL EDUCATIONAL AGENCIES.—In carrying out paragraph (1)(B), each State shall develop and provide local educational agencies with resources, such as guidelines and protocols, to assist the agencies in conducting and reporting the results of the audit required under such paragraph 

(1)(B). 

‘‘(3) STATE ASSESSMENT SYSTEM DESCRIPTION.—An audit of a 

State assessment system conducted under paragraph (1) shall 

include a description of each State assessment carried out in 

the State, including— 

‘‘(A) the grade and subject matter assessed; 

‘‘(B) whether the assessment is required under section 

1111(b)(3); 

‘‘(C) the annual cost to the State educational agency involved in developing, purchasing, administering, and scoring the assessment; 

‘‘(D) the purpose for which the assessment was designed 

and the purpose for which the assessment is used, including assessments designed to contribute to systems of continuous improvement of teaching and learning; 

‘‘(E) the time for disseminating assessment results; 

‘‘(F) a description of how the assessment is aligned with 

the State’s content standards; 

‘‘(G) a description of any State law or regulation that established the requirement for the assessment; 

‘‘(H) the schedule and calendar for all State assessments 

given; and 


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‘‘(I) a description of the State’s policies for inclusion of 

students with limited English proficiency and students 

with disabilities. 

‘‘(4) LOCAL ASSESSMENT DESCRIPTION.—An audit of a local assessment conducted under paragraph (1) shall include a description of the local assessment carried out by the local educational agency, including— 

‘‘(A) the descriptions listed in subparagraphs (A), (D), 

and (E) of paragraph (3); 

‘‘(B) the annual cost to the local educational agency of 

developing, purchasing, administering, and scoring the assessment; 

‘‘(C) the extent to which the assessment is aligned to the 

State’s content standards; 

‘‘(D) a description of any State or local law or regulation 

that establishes the requirement for the assessment; and 

‘‘(E) in the case of a summative assessment that is used 

for accountability purposes, whether the assessment is 

valid and reliable and consistent with nationally recognized professional and technical standards. 

‘‘(5) STAKEHOLDER FEEDBACK.—Each audit of a State assessment system or local assessment system conducted under subparagraph (A) or (B) of paragraph (1) shall include feedback on 

such system from education stakeholders, which shall cover information such as— 

‘‘(A) how educators and administrators use assessment 

data to improve and differentiate instruction; 

‘‘(B) the timing of release of assessment data; 

‘‘(C) the extent to which assessment data is presented in 

an accessible and understandable format for educators, 

parents, students, if appropriate, and the community; 

‘‘(D) the opportunities, resources, and training educators 

and administrators are given to review assessment results 

and make effective use of assessment data; 

‘‘(E) the distribution of technological resources and personnel necessary to administer assessments; 

‘‘(F) the amount of time educators spend on test preparation; 

‘‘(G) the assessments that administrators, educators, 

parents, and students, if appropriate, do and do not find 

useful; 

‘‘(H) the amount of time students spend taking the assessments; and 

‘‘(I) other information as appropriate. 

‘‘(6) STATE PLAN ON AUDIT FINDINGS.— 

‘‘(A) PREPARING THE STATE PLAN ON AUDIT FINDINGS.— 

Not later than 6 months after a State conducts an audit 

under paragraph (1) and based on the results of such 

audit, the State shall, in coordination with the local educational agencies under the jurisdiction of the State, prepare and submit to the Secretary, a plan to improve and 

streamline State assessment systems and local assessment 

systems, including through activities such as— 

‘‘(i) eliminating any assessments that are not required by section 1111(b)(3) (such as by buying out the 


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remainder of procurement contracts with assessment 

developers) and that— 

‘‘(I) are low-quality; 

‘‘(II) not aligned to the State’s content standards; 

‘‘(III) in the case of summative assessments 

used for accountability purposes, are not valid or 

reliable and are inconsistent with nationally recognized professional and technical standards; 

‘‘(IV) do not contribute to systems of continuous 

improvement for teaching and learning; or 

‘‘(V) are redundant; 

‘‘(ii) supporting the dissemination of promising practices from local educational agencies or other States 

that have successfully improved assessment quality 

and efficiency to improve teaching and learning; 

‘‘(iii) supporting local educational agencies or consortia of local educational agencies to carry out efforts 

to streamline local assessment systems and implementing a regular process of review and evaluation of 

assessment use in local educational agencies; 

‘‘(iv) supporting appropriate uses of assessment 

data, which may include appropriate use of student 

assessment data as one of multiple measures of student learning for teacher and school leader performance and evaluation; and 

‘‘(v) providing professional development to teachers 

and school leaders on selecting and implementing 

formative assessments, designing classroom-based assessments, and assessment and data literacy. 

‘‘(B) CARRY OUT THE STATE PLAN ON AUDIT FINDINGS.— 

A State shall carry out a State plan on audit findings as 

soon as practicable after the State prepares such State 

plan under subparagraph (A) and during each grant period 

of a grant described in subsection (a)(2) that is awarded to 

the State. 

‘‘(f) SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES.— 

‘‘(1) IN GENERAL.—From the amount awarded to a State 

under this section, the State shall reserve not less than 20 percent of funds to make subgrants to local educational agencies 

in the State, or a consortium of such local educational agencies, 

based on demonstrated need in the agency’s or consortium’s 

application to improve assessment quality, use, and alignment 

with the State’s content standards. 

‘‘(2) LOCAL EDUCATIONAL AGENCY APPLICATION.—Each local 

educational agency, or consortium of local educational agencies, 

seeking a subgrant under this subsection shall submit an application to the State at such time, in such manner, and describing that agency’s or consortium’s needs to improve assessment quality, use, and alignment (as described in paragraph 

(1)), and such other information as determined by the State. 

‘‘(3) USE OF FUNDS.—A subgrant awarded under this subsection to a local educational agency or consortium of such 

agencies may be used to— 


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‘‘(A) conduct an audit of local assessments under subsection (e)(1)(B); 

‘‘(B) eliminate any assessments identified for elimination 

by such audit, such as by buying out the remainder of procurement contracts with assessment developers; 

‘‘(C) disseminate the promising practices described in 

subsection (e)(6)(B); 

‘‘(D) improve the capacity of school leaders and educators 

to disseminate assessment data in an accessible and understandable format for parents and families, including for 

individuals with disabilities or individuals with limited 

English proficiency; 

‘‘(E) support the appropriate use of assessment data, 

which may include appropriate use of student assessment 

data as one of multiple measures of student learning for 

teacher and school leader performance and evaluation; 

‘‘(F) provide professional development to, and time for 

teacher collaboration on designing classroom-based assessments and improving assessments and data literacy for, 

teachers and school leaders, which may include providing 

additional planning time to analyze student and team data 

and designing instruction based on data analysis; 

‘‘(G) improve assessment delivery systems and schedules, including by increasing access to technology and 

exam proctors, where appropriate; 

‘‘(H) hire instructional coaches, or promoting educators 

who may receive increased compensation to serve as instructional coaches, to support educators to develop classroom-based assessments, interpret assessment data, and 

design instruction; and 

‘‘(I) provide for appropriate assessment accommodations 

to maximize inclusion of students with disabilities and students with limited English proficiency, including by providing the assessments described in section 1111(b)(6). 

‘‘SEC. 1133. INNOVATIVE ASSESSMENT DEMONSTRATION AUTHORITY. 

‘‘(a) DEFINITIONS.—In this part: 

‘‘(1) COLLEGE AND CAREER READY STANDARDS.—The term ‘college and career ready standards’ means the academic content 

and student academic achievement standards adopted by a 

State under section 1111(b). 

‘‘(2) COMPETENCY EDUCATION.—The term ‘competency education’ is defined, (at a minimum), as a school-level framework 

for learning that enables personalization, with the goal of students becoming proficient, in which— 

‘‘(A) students advance upon mastery; 

‘‘(B) competencies are transparent, aligned to State academic standards, and include explicit, measurable, and 

transferable learning objectives; 

‘‘(C) assessment improves teaching and learning in real 

time and validates when students are ready to demonstrate mastery; and 

‘‘(D) students receive timely, differentiated support 

based on their individual learning needs. 


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Competencies emphasize growth towards higher order skills, 

including the application and creation of knowledge and social 

emotional skills. 

‘‘(3) CORE INDICATORS.—The term ‘core indicators’ means— 

‘‘(A) State academic assessments that meet the requirements of section 1111(b)(3) and that provide data that can 

be compared with data regarding the State academic assessments required under section 1111(b)(3); and 

‘‘(B) graduation rates. 

‘‘(4) ELIGIBLE ENTITY.—The term ‘eligible entity’ means a 

State educational agency or consortium of State educational 

agencies. 

‘‘(5) MASTERY.—The term ‘mastery’ means a level of knowledge or skill development demonstrated by a student signifying 

that the student has met a standard and is prepared to 

progress to a subsequent standard. 

‘‘(6) PERFORMANCE ASSESSMENT.—The term ‘performance assessment’ means a multi-step assessment that— 

‘‘(A) includes complex activities with clear criteria, expectations, and processes that enable students to interact 

with meaningful content; and 

‘‘(B) measures the depth at which students learn content 

and apply complex skills to create or refine an original 

product or solution. 

‘‘(b) DEMONSTRATION AUTHORITY.— ‘‘(1) IN GENERAL.—The Secretary may provide eligible entities, in accordance with paragraph (3), with the authority to 

establish State assessment systems that enable competency 

education to satisfy the requirements under section 1111(c) 

and 1111(b)(3) and use results of such competency education 

assessment system for the purposes of section 1111(c) and section 1116 and in accordance with an application approved 

under subsection (c). 

‘‘(2) DEMONSTRATION PERIOD.—The initial award of demonstration authority under this part shall be for a period of 5 

years. After such period, if the Secretary has not withdrawn 

the demonstration authority from an eligible entity, the eligible 

entity shall be permitted to operate the assessment system approved under the demonstration authority in lieu of the requirements under section 1111(b)(3), except that the assessments required under section 1111(b)(3) shall be administered 

at a minimum of once in grades 3 through 56, once in graades 

6 through 8, and once in high school. 

‘‘(3) INITIAL DEMONSTRATION AUTHORITY; EXPANSION; RENEWAL.— 

‘‘(A) INITIAL LIMIT.—During the initial 3-year period of 

demonstration authority under this section, the Secretary 

may not provide more than 5 eligible entities with the authority described in paragraph (1). 

‘‘(B) EXPANSION OF DEMONSTRATION AUTHORITY.—After 

the end of the initial demonstration period described in 

subparagraph (A), the Secretary may provide additional eligible entities with demonstration authority described in 

paragraph (1), subject to each of the requirements of this 

part as applicable, if the Secretary determines that the 


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demonstration authority provided under this part during 

the initial demonstration period has effectively supported 

student progress on core indicators among students served 

by the eligible entities, including subgroups of students described in section 1111(c)(3)(A). 

‘‘(c) APPLICATIONS.—To be eligible to participate in the demonstration under this part, an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, that describes the assessment system that will be used by the eligible entity to enable competency education, including— 

‘‘(1) a description of the assessment system the eligible entity 

will use (consistent with section 1111(b)(3)(B) and covering the 

subjects described in section 1111(b)(3)(C)), including— 

‘‘(A) how the system will provide annual summative student performance data gathered in one of the following 

ways— 

‘‘(i) a statewide summative assessment administered 

at least once annually in each of grades 3 through 8 

and once in grades 9 through 12; 

‘‘(ii) a statewide summative instrument administered at least once annually in each of grades 3 

through 8 and once in grades 9 through 12 administered as multiple assessments throughout the year; or 

‘‘(iii) a combination of a statewide summative assessment and , or in lieu of, local summative assessments administered at least once annually in each of 

grades 3 through 8 and once in grades 9 through 12, 

so long as— 

‘‘(I) the assessments provide, at a minimum, annual information about student performance to inform determinations about accountability and supports and interventions; 

‘‘(II) the statewide assessment occurs at a minimum of once in elementary, once in middle, and 

once in high school; 

‘‘(III) the assessment items are aligned to 

college- and career-ready State academic standards; 

‘‘(IV) the local assessment instruments produce 

comparable results across the State that are of 

high technical quality, reliability, and validity; 

and 

‘‘(V) the system of assessments incorporates 

multiple sources of evidence of student learning, 

including performance-based tasks; and 

‘‘(B) how the system will incorporate formative, interim, 

and summative assessments, including the use of performance assessments and other sources of evidence of student 

learning that determine mastery of college and career 

ready standards and competencies. 

‘‘(d) ASSURANCES.—The State educational agency will provide assurances that— 


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‘‘(1) the system is aligned to college and career ready standards described in section 1111 and State-approved competencies; 

‘‘(2) the system has been developed in collaboration with 

stakeholders representing the interests of students with disabilities, English learners, and civil rights organizations in the 

State, as demonstrated through modifications made to the assessments resulting from such collaboration; 

‘‘(3) the system incorporates the principles of universal design as defined in section 3(a) of the Assistive Technology Act 

of 1998 (29 U.S.C.14 3002(a)); 

‘‘(4) the system will allow students to demonstrate progress 

toward mastery of such standards and State-approved competencies; 

‘‘(5) the assessments will assess mastery of State-approved 

competencies when students are ready to demonstrate mastery 

of such standards and competencies; 

‘‘(6) the system will provide students with multiple opportunities to demonstrate mastery of such standards and competencies; 

‘‘(7) the system will engage and support teachers in scoring 

assessments, including the use of high quality professional development, standardized and calibrated scoring rubrics, and 

other strategies to ensure inter-rater reliability and comparability of determinations of mastery across the State; 

‘‘(8) the system provides educators, students, and parents 

with real-time data to inform instructional practice and continuously improve student performance; 

‘‘(9) the system will provide instructional support and targeted intervention to all students to ensure every student is 

on-track to master the State approved standards and competencies by graduation; 

‘‘(10) the system will only utilize a student’s individualized 

education program, as defined in section 602 of the Individuals 

with Disabilities Education Act, for purposes specifically allowed under such Act; 

‘‘(11) a description of how the system will be used to satisfy 

the accountability requirements of section 1111(c); 

‘‘(12) the State will administer the annual statewide assessment required under section 1111(b)(3) until the secretary removes such requirement as described under subsection (b)(2); 

‘‘(13) the eligible entity’s plan to— 

‘‘(A) ensure that all students, including each student 

subgroup described in section 1111(c)(3)(A)— 

‘‘(i) are held to the same high standard; 

‘‘(ii) demonstrate annually, at a minimum, at least 

1 year of academic growth consistent with the requirement in section 1111(b)(4)(E); and 

‘‘(iii) receive the instructional support needed to attain mastery of college and career ready standards 

and State-approved competencies; 

‘‘(B) train local educational agency and school staff to 

implement the assessments described in paragraph (2)(A); 

‘‘(C) acclimate students to the new assessment and accountability systems; and 


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‘‘(D) ensure that each local educational agency has the 

technological infrastructure to operate the accountability 

and assessment systems described in this section; and 

‘‘(14) a description of how instruction and professional development will be enhanced to personalize the educational experience for each student to ensure all students graduate college 

and career ready, as determined in accordance with State academic achievement standards under section 1111(b); and 

‘‘(15) a description of the local educational agencies within 

the State that will participate in the polit. 

‘‘(e) PEER REVIEW.—The Secretary shall— 

‘‘(1) implement a peer review process, which shall include a 

review team comprised of practitioners and experts who are 

knowledgeable about competency education, to inform the 

awarding of the demonstration authority under this part; and 

‘‘(2) make publicly available the applications submitted 

under subsection (c) and the peer comments and recommendations on such applications. 

‘‘(f) DEMONSTRATION AUTHORITY WITHDRAWN.—The Secretary 

may withdraw the demonstration authority provided to an eligible 

entity under this part if at any point after the 3 year demonstration period described in subsection (b)(2), the Secretary determines 

that student performance for all students served by the eligible entity or any student subgroup described under section 1111(c)(3)(A) 

has declined on core indicators; 

‘‘(g) DISSEMINATION OF BEST PRACTICES.—The Secretary shall 

disseminate best practices on the implementation of accountability 

and assessment systems that enable competency education, including on— 

‘‘(1) strategies that States used to accelerate mastery of State 

standards and aligned competencies to close achievement gaps 

and increase readiness for college and career; 

‘‘(2) the effective use of formative, interim, and summative 

assessments to inform instruction; and 

‘‘(4) the development of standardized and calibrated scoring 

rubrics, and other strategies to ensure inter-rater reliability 

and comparability of determinations of mastery across the 

State. 

‘‘SEC. 1134. FUNDING. 

‘‘(a) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(1) NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS.—For 

the purpose of administering the State assessments under the 

National Assessment of Educational Progress, there are authorized to be appropriated $72,000,000 for fiscal year 2016, 

and such sums as may be necessary for each of the 5 succeeding fiscal years. 

‘‘(2) STATE ASSESSMENTS AND RELATED ACTIVITIES.—For the 

purpose of carrying out this subpart, there are authorized to be 

appropriated $600,000,000 for fiscal year 2016, and such sums 

as may be necessary for each of the 5 succeeding fiscal years. 

‘‘(b) RESERVATION OF APPROPRIATED FUNDS.—From amounts 

made available for each fiscal year under subsection (a)(2), the Secretary shall— 

‘‘(1) reserve one-half of 1 percent for the Bureau of Indian Affairs; 


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‘‘(2) reserve one-half of 1 percent for the outlying areas; 

‘‘(3) reserve 20 percent to carry out section 1132; 

‘‘(4) reserve 3 percent to carry out section 1133; and 

‘‘(5) reserve the remainder (after reserving funds under paragraphs (1) through (4)) to carry out section 1131, except that— 

‘‘(A) for any fiscal year for which the funds appropriated 

under subsection (a)(2) of this section are equal to or greater than $450,000,000, each State that receives a grant 

under section 1131 shall use the grant to carry out paragraphs (1) through (5) of section 1131(a); and 

‘‘(B) for any fiscal year for which the funds appropriated 

under subsection (a)(2) of this section are less than 

$450,000,000, each State that receives a grant under section 1131 shall only be required to use the grant to carry 

out paragraphs (1) through (3) of section 1131(a). 

‘‘SEC. 1135. STATE DEFINED. 

‘‘In this section, the term ‘State’ means each of the 50 States, the 

District of Columbia, and the Commonwealth of Puerto Rico.’’. 

(b) CONFORMING AMENDMENT.—Subpart 1 of part A of title VI 

(20 U.S.C. 7301 et seq.) is repealed. 

SEC. 112. STATE AGENCY PROGRAMS. 

Part D of title I (20 U.S.C. 6421 et seq.) is amended— 

(1) in section1414(a)(2)— 

(A) in subparagraph (B), by striking ‘‘and’’ at the end; 

(B) by redesignating subparagraph (C) as subparagraph 

(F); and 

(C) by inserting after subparagraph (B) the following: 

‘‘(C) contain procedures to ensure that each student who 

has been placed in the State’s juvenile justice system is 

promptly re-enrolled in secondary school or placed in a reentry program that best meets the educational and social 

needs of the student; 

‘‘(D) contain procedures for facilitating the transfer of 

credits that such students earned during placement; 

‘‘(E) provide that, to the extent feasible, students will 

have the opportunity to participate in higher education or 

career pathways; and’’; 

(2) in section 1416— 

(A) by redesignating paragraphs (3), (4), (5), (6), (7) and 

(8) as paragraphs (4), (5), (7), (8), (9), and (10), respectively; 

(B) by inserting after paragraph (2) the following: 

‘‘(3) includes the development of an initial education services 

and transition plan for each child or youth served under this 

subpart upon entry into the correctional facility, in partnership 

with the child or youth’s family members and the local educational agency that most recently provided services to the 

child or youth;’’; 

(C) by inserting after paragraph (5), as so redesignated 

by subparagraph (A), the following: 

‘‘(6) describes how the program will consult with the child or 

youth’s local educational agency for a period jointly determined 

necessary by the correctional facility and the local educational 

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cational services so as to minimize disruption to the child’s or 

youth’s achievement;’’; 

(D) in paragraph (9), as so redesignated, by striking 

‘‘and’’ at the end; 

(E) in paragraph (10), as so redesignated, by striking the 

period at the end and inserting ‘‘; and’’; and 

(F) by adding at the end the following: 

‘‘(11) includes an assurance that the State agency will report 

annually on the number of children and youth released from 

the correctional facility or institution who returned or did not 

return to school, the number of children and youth obtaining 

a secondary school diploma or its recognized equivalent, and 

the number of children and youth obtaining employment.’’; and 

(3) in section 1425— 

(A) by redesignating paragraphs (10) and (11) as paragraphs (11) and (12), respectively; and 

(B) by inserting after paragraph (9) the following: 

‘‘(10) where feasible, coordinate with agencies that provide 

re-entry services to adjudicated youth;’’. 

SEC. 113. FOSTER YOUTH. 

(a) AMENDMENT.—Part D of title I is amended by adding at the 

end the following: 

‘‘Subpart 4—Educational Stability of Children in 

Foster Care 

‘‘SEC. 1441. EDUCATIONAL STABILITY OF CHILDREN IN FOSTER CARE. 

‘‘(a) OBLIGATIONS TO COLLABORATE WITH CHILD WELFARE AGENCIES.— 

‘‘(1) IN GENERAL.—Each State educational agency receiving 

assistance under part A shall, in consultation with the State 

agency responsible for administering the State plans under 

parts B and E of title IV of the Social Security Act (42 U.S.C. 

621 et seq., 670 et seq.), develop and implement a plan to ensure that the following occurs, for each child in the State, when 

the child moves to a new school attendance area as a result of 

being placed in foster care (as described in section 1442 (1)), 

changing foster care placements, or leaving foster care: 

‘‘(A) ATTENDANCE AT A SCHOOL OF ORIGIN.— 

‘‘(i) IN GENERAL.—The child enrolls or remains in 

the child’s school of origin, unless a determination is 

made that it is in the child’s best interest to attend a 

different school.’’. 

‘‘(ii) LIMITATION.—A child who leaves foster care 

shall only be entitled to remain in the child’s school of 

origin for the remainder of the school year. 

‘‘(B) IMMEDIATE ENROLLMENT.—When a determination is 

made regarding the school that it is in the best interest of 

a child in foster care to attend, the child shall be immediately enrolled in such school, even if the child is unable 

to produce records normally required for enrollment, such 

as previous academic records, immunization and medical 

records, a birth certificate, guardianship records, proof of 

residency, or other documentation. 


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‘‘(C) RECORDS TRANSFER.—Any records ordinarily kept by 

a school, including records of immunizations, health 

screenings, and other required health records, academic 

records, birth certificates, evaluations for special services 

or programs, and any individualized education programs 

(as defined in section 602 of the Individuals with Disabilities Education Act (20 U.S.C. 1401)), regarding a child in 

foster care shall be— 

‘‘(i) maintained so that the records involved are 

available, in a timely fashion, when a child in foster 

care enters a new school; and 

‘‘(ii) immediately transferred to the enrolling school, 

even if the child owes fees or fines or was not withdrawn from previous schools in conformance with local 

withdrawal procedures. 

‘‘(2) IMPLEMENTATION.—Each State educational agency receiving assistance under part shall ensure that the plan described in paragraph (1) is implemented by the local educational agencies in the State. 

‘‘(b) CREDIT TRANSFER AND DIPLOMAS.—Each State that receives 

assistance under part A shall have policies for ensuring that— 

‘‘(1) a child in foster care who is changing schools can transfer school credits and receive partial credits for coursework satisfactorily completed while attending a prior school or educational program; 

‘‘(2) a child in foster care is afforded opportunities to recover 

school credits lost due to placement instability while in foster 

care; and 

‘‘(3) a child in foster care who has changed secondary schools 

can receive a secondary school diploma either from one of the 

schools in which the child was enrolled or through a Stateissued secondary school diploma system, consistent with State 

graduation requirements. 

‘‘(c) TRANSPORTATION.— 

‘‘(1) IN GENERAL.—The local educational agency and State 

shall, in consultation with the local child welfare agency, develop and within one year of enactment of this act implement 

clear written procedures governing how transportation to 

maintain children in foster care in their school of origin when 

in their best interest will be provided, arranged, and funded for 

the duration of the time in foster care and through the remainder of the school year in which the children leave foster care. 

The procedures shall ensure that children needing transportation to the school of origin will promptly receive transportation in a cost effective manner and in accordance with section 475(1)(G)of the Social Security Act (42 U.S.C. 675(1)(G). 

‘‘(2) COST OF TRANSPORTATION-Where the child in foster 

care remains in the school of origin pursuant to section 

475(1)(G) of the Social Security Act (42 U.S.C. 675(1)(G)), and 

if there are additional costs incurred in providing transportation to maintain children in their schools of origin, the local 

educational agency will provide transportation to their school 

of origin if: 


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‘‘(A) the local child welfare agency agrees to reimburse 

the local educational agency for the cost of such transportation; 

‘‘(B) the local educational agency agrees to pay for the 

cost of such transportation; or 

‘‘(C) the local educational agency and the local child welfare agency agree to share the cost of such transportation; 

or 

‘‘(D) TRANSPORTATION FOR THE REMAINDER OF THE

SCHOOL YEAR.—The local educational agency will provide 

transportation for the remainder of the academic year in 

which a child leaves foster care if whomever the child is 

returned to by the child welfare agency requests transportation and remaining in the school of origin is in the 

child’s best interest. 

‘‘(d) POINTS OF CONTACT.— ‘‘(1) LOCAL EDUCATIONAL AGENCIES.—A State that receives 

assistance under part A shall: 

‘‘(A) advise each local educational agency in the State of 

their option to designate an individual employed by the 

agency to serve as a point of contact for the child welfare 

agencies responsible for children in foster care enrolled in 

the local educational agency and that they must designate 

such a point of contact if any such local child welfare agency provides written notice it has designated an individual 

employed by that agency to serve as a point of contact for 

the local educational agency; 

‘‘(B) ensure that local educational agency points of contact oversee the implementation of the local educational 

agency requirements under this section; and 

‘‘(C) ensure that high needs local educational agencies do 

not designate the same individual as the point of contact 

for children in foster care and the local educational agency 

liaison under section 722(g)(1)(J)(ii) of the McKinney-Vento 

Homeless Assistance Act. 

‘‘(2) STATE EDUCATIONAL AGENCIES.— ‘‘(A) Each State educational agency receiving assistance 

under part A shall designate an individual to serve as a 

point of contact for child welfare agencies and to oversee 

the implementation of the State educational agency requirements under this section. 

‘‘(B) A State educational agency’s point of contact shall 

not be the individual designated as the State’s Coordinator 

for Education of Homeless Children and Youths under section 722(d)(3) of the McKinney-Vento Homeless Assistance 

Act. 

‘‘SEC. 1442. DEFINITIONS. 

‘‘(a) HEADER.—In this part: 

‘‘(1) CHILD IN FOSTER CARE.—The term ‘child in foster care’ 

means a child whose care and placement is the responsibility 

of the agency that administers a State plan under part B or 

E of title IV of the Social Security Act (42 U.S.C. 621 et seq., 

670 et seq.), without regard to whether foster care maintenance payments are made under section 472 of the Social Security Act (42 U.S.C. 672) on behalf of the child. 


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‘‘(2) SCHOOL ATTENDANCE AREA.—The term ‘school attendance area’ has the meaning given the term in section 

1113(a)(2). 

‘‘(3) SCHOOL OF ORIGIN.—The term ‘school of origin’ means, 

with respect to a child in foster care, any of the following: 

‘‘(A) The public school in which the child was enrolled 

prior to entry into foster care. 

‘‘(B) The public school in which the child is enrolled 

when a change in foster care placement occurs. 

‘‘(C) The public school the child attended when last permanently housed, as such term is used in section 

722(g)(3)(G) of the McKinney-Vento Homeless Assistance 

Act (42 U.S.C. 11432(g)(3)(G)), if such child was eligible for 

assistance under such Act before the child became a child 

in foster care.’’.’’. 

(b) GUIDANCE.—Not later than 90 days after the date of enactment of this Act, the Secretary is directed to issue guidance on the 

implementation of part E of title I of this Act, including how State 

and local agencies will work together to ensure that transportation 

for children in foster care is provided to the school of origin. 

SEC. 114. SCHOOL DROPOUT PREVENTION. 

(a) AUTHORIZATION OF APPROPRIATIONS.—Section 1803 (20 U.S.C. 

6553) is amended by striking ‘‘2002’’ and inserting ‘‘2016’’. 

(b) NATIONAL ACTIVITIES.—Section 1811(b)(4) (20 U.S.C. 

6555(b)(4)) is amended— 

(1) in the matter preceding subparagraph (A), by striking 

‘‘for all students’’; 

(2) in subparagraph (A)— 

(A) by inserting ‘‘for all students’’ before ‘‘in that’’; and 

(B) by striking ‘‘or’’ at the end; 

(3) by redesignating subparagraph (B) as subparagraph (C); 

(4) by inserting after subparagraph (A), as so amended, the 

following: 

‘‘(B) for students in one or more of the subgroups described in section 1111(c)(3)(A); or’’; and 

(5) in subparagraph (C), as so amended, by inserting ‘‘for all 

students or for students in one or more of the subgroups described in section 1111(c)(3)(A) with a higher than average 

dropout rate’’ after ‘‘middle school,’’. 

(c) SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES.—Section 

1822(b)(1) (20 U.S.C. 6561a(b)(1)) is amended— 

(1) in subparagraph (D), by inserting before the semicolon at 

the end the following: ‘‘, including the development of early 

warning indicator systems in middle schools, as described in 

section 1116(c)(5)(A)’’; and 

(2) in subparagraph (H), by inserting before the semicolon at 

the end the following: ‘‘, including the creation of individualized student success plans’’. 

(d) APPLICATIONS.—Section 1823(b)(1)(G) (20 U.S.C. 

6561b(b)(1)(G)) is amended— 

(1) by striking ‘‘about’’ and inserting ‘‘and evidence-based’’; 

and 

(2) by striking ‘‘reentry’’ and inserting ‘‘reentry programs’’. 


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(e) REPORTING AND ACCOUNTABILITY.—Section 1830 (20 U.S.C. 

6561i(a)(1)) by striking ‘‘race and ethnicity’’ and inserting ‘‘each 

subgroup described in section 111(c)(3)(A)’’. 

(f) PROHIBITED USES OF FUNDS.—Subpart 2 of part H of title I 

(20 U.S.C. 6561 et seq.) is amended by adding at the end the following: 

‘‘SEC. 1831. PROHIBITED USES OF FUNDS. 

‘‘No funds under this part may be used for— 

‘‘(1) the development, establishment, implementation, or enforcement of zero-tolerance school discipline policies unless otherwise required by Federal law; or 

‘‘(2) law enforcement agencies or local police departments 

serving a school or local educational agency— 

‘‘(A) with substantial documented excesses or racial disparities in the use of exclusionary discipline; 

‘‘(B) operating under an open school desegregation order, 

whether court-ordered or voluntary; 

‘‘(C) operating under a pattern or practice or practice 

consent decree for civil rights violations; or 

‘‘(D) already receiving substantial Federal funds for the 

placement of law enforcement in schools.’’. 

TITLE II—TEACHERS AND LEADERS 

SEC. 201. GREAT TEACHERS AND LEADERS. 

Title II (20 U.S.C. 6601 et seq.) is amended to read as follows: 

‘‘TITLE II—GREAT TEACHERS AND 

LEADERS 

‘‘SEC. 2001. PURPOSE. 

‘‘The purpose of this title is to help States and local educational 

agencies support teachers and school leaders to improve student 

achievement for all students, including English learners and students with disabilities, by— 

‘‘(1) promoting and enhancing the teaching profession; 

‘‘(2) supporting the development of qualified and effective of 

teachers and school leaders; 

‘‘(3) recruiting, rewarding, and retaining effective teachers 

and other school leaders and fostering excellent instructional 

teams, especially in high-need local educational agencies, 

schools, fields, and subjects; 

‘‘(4) providing teachers with the knowledge, skills, data, support, and collaborative opportunities needed to be effective in 

the classroom and to the meet the diverse learning needs of 

their students; 

‘‘(5) providing all students with access to effective teachers 

and school leaders; and 

‘‘(6) improving the management of the education workforce 

in States and local educational agencies. 

‘‘SEC. 2002. DEFINITIONS. 

‘‘In this title: 


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‘‘(1) CAREER LADDERS.—The term ‘career ladders’ means promotion and professional growth opportunities, beyond moving 

into administration, for effective teachers, as determined by 

the State or local educational agency, including teacher leaders, instructional or curriculum specialists, and teacher mentors, who help improve teaching and learning in a school or 

local educational agency. 

‘‘(2) HIGH-NEED FIELD.—The term ‘high-need field’ refers to 

the fields of special education, bilingual education, and English 

language acquisition. 

‘‘(3) HIGH-NEED SUBJECT.—The term ‘high-need subject’ 

means mathematics, science, and any other content area that 

is designated by a State educational agency or the Secretary as 

a teacher shortage area. 

‘‘(4) HIGH-NEED LOCAL EDUCATIONAL AGENCY.—The term 

‘high-need local educational agency’ means a local educational 

agency— 

‘‘(A)(i) that serves not fewer than 10,000 children from 

families with incomes below the poverty line; or 

‘‘(ii) for which not less than 20 percent of the children 

served by the agency are from families with incomes below 

the poverty line; and 

‘‘(B)(i) for which there is a high percentage of teachers 

not teaching in the academic subjects or grade levels that 

the teachers were trained to teach; or 

‘‘(ii) for which there is a high percentage of teachers with 

emergency, provisional, or temporary certification or licensing. 

‘‘(5) QUALIFIED TEACHER.—The term ‘qualified teacher’ 

means a teacher who meets the minimum qualifications to 

teach in a State and— 

‘‘(A) when used with respect to a middle school or high 

school teacher who is entering the profession in a State for 

the first time, means that the teacher— 

‘‘(i) holds at least a bachelor’s degree; 

‘‘(ii) has demonstrated to the State, content knowledge in the content area that the teacher will teach as 

determined— 

‘‘(I) by passing a rigorous State assessment; or 

‘‘(II) by successful completion of an academic 

major, a graduate degree, or coursework equivalent to an undergraduate academic major in the 

content area that the teacher will teach; 

‘‘(iii) if required by the State to demonstrate teaching skills by passing a State teacher performance assessment, has passed such assessment; and 

‘‘(iv) has successfully completed a teacher preparation program; or 

‘‘(v) at the State’s discretion, may be enrolled in an 

alternative teacher preparation program, and— 

‘‘(I) be on track to successful completion of such 

program; and 

‘‘(II) be supervised by a mentor teacher; 


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‘‘(B) when used with respect to an elementary school 

teacher who is entering the profession in a State for the 

first time, means that the teacher— 

‘‘(i) holds at least a bachelor’s degree; 

‘‘(ii) has demonstrated to the State, content knowledge and teaching skills in reading, writing, mathematics, science, and other areas of the elementary 

school curriculum— 

‘‘(I) by passing a rigorous State assessment or 

State-required test in reading, writing, mathematics, science, and other areas of the basic elementary school curriculum; or 

‘‘(II) by successful completion of an academic 

major, a graduate degree, or coursework equivalent to an undergraduate academic major in the 

content areas that the teacher will teach; 

‘‘(iii) if required by the State to demonstrate teaching skills by passing a State teacher performance assessment, has passed such assessment; and 

‘‘(iv) has successfully completed a teacher preparation program; or 

‘‘(v) at the State’s discretion, may be enrolled in an 

alternative teacher preparation program; and 

‘‘(I) be on track to successful completion of such 

program; and 

‘‘(II) be supervised by a mentor teacher; and 

‘‘(C) means any teacher who is highly qualified as defined in section 9101(23) or section 602(10) of the Individuals with Disabilities Education Act, as such section was 

in effect on the day before the date of enactment of the 

Student Success Act. 

‘‘(6) INDUCTION.—The term ‘induction’ means a program for 

new teachers and new school leaders, as appropriate, during at 

least their first 2 years of practice, that is designed to increase 

effectiveness and retention of new teachers and new school 

leaders, and that includes— 

‘‘(A) high-quality mentoring; 

‘‘(B) development of skills and knowledge in areas needed for new teachers, including, content knowledge and pedagogy, instructional strategies for teaching students with 

diverse learning needs, classroom management (including 

strategies that improve the school-wide climate for learning, which may include positive behavioral interventions 

and supports), formative assessment of student learning, 

and the analysis and use of student assessment data to 

improve instruction; 

‘‘(C) frequent, structured time for collaboration and professional development with teachers and school leaders in 

the same field, grade, or subject area, and opportunities to 

draw directly on the expertise of other school and local 

educational agency staff, staff of high-performing pathways, and other organizations that provide high-quality induction supports; 


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‘‘(D) regular and structured observation and feedback by 

mentors, school leaders, or effective teachers, as determined by the State or local educational agency; and 

‘‘(E) where feasible, team teaching, reduced teaching 

load and activities designed to ensure that teachers have 

appropriate teaching tools and instructional materials for 

their classroom. 

‘‘(7) MENTORING.—The term ‘mentoring’ means the mentoring of new teachers and school leaders, as appropriate, so as 

to increase the effectiveness and retention of those teachers 

and school leaders through a program that— 

‘‘(A) includes clear criteria for the selection of teacher 

and school leaders mentors that take into account a candidate’s effectiveness as a teacher or school leader and that 

individual’s ability to facilitate adult learning; 

‘‘(B) provides high-quality training for the mentors on 

how to support new teachers and school leaders effectively; 

‘‘(C) provides regularly scheduled time for collaboration 

and for examination of student work and achievement 

data, and on-going opportunities for mentors and mentees 

to observe each other’s practice; and 

‘‘(D) matches, when possible, each mentee with a mentor 

who is in the same field, grade, or subject area as the 

mentee. 

‘‘(8) PROFESSIONAL DEVELOPMENT.—The term ‘professional 

development’ means coordinated and aligned activities with 

evidence of increasing effectiveness of educators, which may include teachers, principals, other school leaders, specialized instructional support personnel, paraprofessionals, early childhood educators, and other school staff that— 

‘‘(A) fosters collective responsibility for improved student 

performance; 

‘‘(B) is comprised of professional learning that— 

‘‘(i) aligns with State academic content and achievement standards and early learning standards, as appropriate, with local educational agency and school improvement goals and plans, including those identified 

under section 1116, and with school instructional materials; 

‘‘(ii) is aligned to a teacher and school leader evaluation system, where applicable; 

‘‘(iii) is conducted among educators at the school and 

facilitated by trained school leaders and school-based 

professional development coaches, mentors, master 

teachers, or other teacher leaders; 

‘‘(iv) supports family engagement in their children’s 

education; 

‘‘(v) primarily occurs frequently and during significant blocks of time among established teams of teachers, school leaders, and other instructional staff members where the teams of educators engage in a continuous cycle of improvement that— 

‘‘(I) defines a clear set of educator learning goals 

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proves content knowledge, pedagogical skills, and 

the ability to analyze and use data; 

‘‘(II) achieves the educator learning goals identified under subclause (I) by implementing coherent, sustained, and evidence-based learning strategies, such as lesson study and the development of 

formative assessments, that improve instructional 

effectiveness and student achievement; 

‘‘(III) provides job-embedded coaching or other 

forms of assistance to support the transfer of new 

knowledge and skills to the classroom; 

‘‘(IV) regularly assesses the effectiveness of the 

professional development in achieving identified 

learning goals, improving teaching, and assisting 

all students in meeting challenging State academic achievement standards; 

‘‘(V) informs ongoing improvements in teaching 

and student learning; 

‘‘(VI) may support joint professional development activities for school staff and early childhood 

educators that address the transition to elementary school, including issues related to school 

readiness across all major domains of early learning; and 

‘‘(VII) may be supported by external assistance 

with relevant expertise, including content expertise; and 

‘‘(C) may be supplemented by activities such as courses, 

workshops, institutes, networks, and conferences that— 

‘‘(i) address the academic goals and objectives established for professional development by educators and 

school leaders at the school level; 

‘‘(ii) advance the ongoing school-based professional 

development; and 

‘‘(iii) are provided for by for-profit and non-profit entities outside the school such as universities, education 

service agencies, technical assistance providers, networks of content-area specialists, and other education 

organizations and associations. 

‘‘(9) SCHOOL LEADER.—The term ‘school leader’ means a principal, an assistant principal, administrator or director, or an 

individual who is— 

‘‘(A) an employee or officer of a school; and 

‘‘(B) is responsible for managerial operations, instructional leadership, or interscholastic athletic programs of 

that school. 

‘‘(10) SCHOOL LEADERSHIP TEAM.—The term ‘school leadership team’ means a group that includes the principal, other 

school leaders, and teachers at a school who work together to 

develop school plans or goals for the school. 

‘‘(11) STATE TEACHER PERFORMANCE ASSESSMENT.—The term 

‘State-teacher performance assessment’ means a rigorous assessment used to measure teacher performance that is developed and approved in collaboration with teachers, and administered by the State and— 


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‘‘(A) is based on professional teaching standards; 

‘‘(B) are aligned to State academic content and achievement and early learning standards; 

‘‘(C) is used to document the effectiveness of a teacher’s— 

‘‘(i) curriculum planning; 

‘‘(ii) instruction of students, including appropriate 

supports for students who are English learners and 

students who are children with disabilities; and 

‘‘(iii) assessment of students, including analysis of 

evidence of student learning; 

‘‘(D) is validated based on professional assessment 

standards; 

‘‘(E) is regularly monitored to ensure the quality, reliability, validity, fairness, consistency, and objectivity of the 

evaluators’ determinations; 

‘‘(F) is reliably scored by trained evaluators with appropriate oversight of the process to ensure consistency; and 

‘‘(G) the results of which are used to support continuous 

improvement of educator practice. 

‘‘(12) TEACHING RESIDENCY PROGRAM.—The term ‘teaching 

residency program’ means a school-based teacher preparation 

program in which a prospective teacher— 

‘‘(A) teaches alongside a mentor teacher, who is the 

teacher of record, for at least one year; 

‘‘(B) receives concurrent instruction in the teaching of 

the content area in which the teacher will become certified 

or licensed; 

‘‘(C) receives concurrent instruction in effective teaching 

skills; and 

‘‘(D) attains full State teacher certification or licensure, 

and becomes qualified prior to, or upon, completion of the 

program. 

‘‘(13) EVIDENCE OF CLASSROOM PRACTICE.—The term ‘evidence of classroom practice’ means evidence gathered through 

multiple formats and from multiple sources that demonstrate 

effective teaching skills and— 

‘‘(A) shall include— 

‘‘(i) multiple classroom observations based on rigorous teacher performance standards or rubrics and 

conducted by trained personnel; 

‘‘(ii) information on the teacher’s successful use of 

data to improve instruction and demonstrate evidence 

of student learning; 

‘‘(iii) student work, lesson plans, feedback provided 

to students and teacher developed classroom assessments; 

‘‘(iv) demonstration of professional responsibility; 

and 

‘‘(B) may include, but which shall have a weight that is 

less than the weight assigned to the requirements described in subparagraph (A)— 

‘‘(i) videos of teacher practice; 

‘‘(ii) teacher portfolios; and 

‘‘(iii) parent, student, and peer feedback. 


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‘‘(14) EVIDENCE OF SCHOOL LEADERSHIP.—The term ‘evidence 

of school leadership’ means evidence gathered through multiple 

formats and from multiple sources that shall include an evaluation of— 

‘‘(A) data on student learning gains, including evidence 

of student learning; 

‘‘(B) gains in student achievement, including passage of 

required exams for course progression, credit accumulation, completion of promotion standards, and graduation 

rates; 

‘‘(C) increases in student attendance rates; 

‘‘(D) percentage of effective teachers on staff; 

‘‘(E) retention rates of effective teachers as determined 

by the State or local educational agency; 

‘‘(F) evidence of successful alignment of teacher evaluation with professional development and teacher support; 

‘‘(G) demonstration of instructional leadership, including 

use of data and assessment to inform decision-making; 

‘‘(H) demonstration of effective fiscal management, 

where applicable; 

‘‘(I) evidence of effective community and parent engagement; 

‘‘(J) improved teacher attendance rates; 

‘‘(K) establishment of learning communities where school 

leaders and teachers— 

‘‘(i) share a school mission and goals with an explicit 

vision of quality teaching and learning that guides all 

instructional decisions; 

‘‘(ii) commit to improving student outcomes and performances; 

‘‘(iii) set a continuous cycle of collective inquiry and 

improvement; 

‘‘(iv) foster a culture of collaboration where teachers 

and school leaders work together on a regular basis to 

analyze and improve teaching and learning; and 

‘‘(v) support and share leadership; and 

‘‘(L) develop and maintain a positive school culture 

where students, teachers and other staff are motivated to 

collaborate and work together to achieve goals. 

‘‘(15) EVIDENCE OF STUDENT LEARNING.—The term ‘evidence 

of student learning’ means data that shall be based on multiple, valid and reliable indicators of student academic growth 

towards State content and achievement standards, which shall 

be based significantly on— 

‘‘(A) student learning gains on the State student academic assessments under section 1111(c) and, for grades 

and subjects not covered by the State’s student academic 

assessments, another valid and reliable assessment of student academic achievement, as long as the assessment is 

used consistently by the local educational agency for the 

grade or class for which the assessment is administered; 

and 

‘‘(B) other evidence of student learning that is comparable across schools within an local educational agency 

such as— 


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‘‘(i) formative and summative assessments; 

‘‘(ii) objective performance-based assessments; and 

‘‘(iii) representative samples of student work, including progress towards performance standards and evidence of student growth. 

‘‘(16) MENTOR PRINCIPAL.—The term ‘mentor principal’ 

means an individual with— 

‘‘(A) Strong instructional leadership skills in an elementary school or secondary school setting; 

‘‘(B) Strong verbal and written communication skills, 

which may be demonstrated by performance on appropriate assessments; and 

‘‘(C) Knowledge and skills to— 

‘‘(i) establish and maintain a professional learning 

community that effectively utilizes data to improve the 

school culture and personalize instruction to increase 

student achievement; 

‘‘(ii) create and maintain a learning culture within 

the school that provides a climate conducive to the development of all members of the school community, including one of continuous learning for adults tied to 

student learning and other school goals; 

‘‘(iii) engage in continuous professional development, 

utilizing a combination of academic study, developmental simulation exercises, self-reflection, 

mentorship and internship; 

‘‘(iv) understand youth development appropriate to 

the age level served by the school and from this 

knowledge sets high expectations and standards for 

the academic, social, emotional and physical development of all students; and 

‘‘(v) actively engage the community to create shared 

responsibility for student academic performance and 

successful development. 

‘‘PART A—EFFECTIVE TEACHER AND LEADER 

STATE GRANTS 

‘‘SEC. 2101. AUTHORIZATION OF APPROPRIATIONS. 

‘‘There are authorized to be appropriated $3,500,000,000 for fiscal year 2016, and such sums as may be necessary for each of the 

5 succeeding fiscal years, to carry out this part. 

‘‘Subpart 1—Grants to States 

‘‘SEC. 2111. ALLOCATIONS TO STATES. 

‘‘(a) RESERVATIONS.—From the amounts made available under 

section 2101 for this subpart for each fiscal year, the Secretary 

shall reserve— 

‘‘(1) one-half of one percent for the outlying areas, to be distributed among the outlying areas on the basis of their relative 

need, as determined by the Secretary, for activities consistent 

with the purposes of this title; 


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‘‘(2) one-half of one percent for the Secretary of the Interior, 

for activities, consistent with the purposes of this title described in section 2001, in schools operated by or funded by the 

Bureau of Indian Education; and 

‘‘(3) one-half of one percent for a competitive grant program 

to encourage consortia of States to develop instructional supports aligned to new college- and career-ready standards that 

are made widely available to all States and local educational 

agencies. 

‘‘(b) ALLOTMENTS TO STATES, REDUCTIONS.— 

‘‘(1) IN GENERAL.—From the amounts made available under 

section 2101 for this subpart for each fiscal year that remain 

after the Secretary reserves funds under subsection (a) of this 

section, the Secretary shall allot to each State with an approved application under section 2112 the sum of— 

‘‘(A) an amount that bears the same relationship to 35 

percent of the remaining amount as the number of individuals age five through 17 in the State, as determined by the 

Secretary on the basis of the most recent satisfactory data, 

bears to the number of those individuals in all such States, 

as so determined; and 

‘‘(B) an amount that bears the same relationship to 65 

percent of the remaining amount as the number of individuals age five through 17 from families with incomes below 

the poverty line, in the State, as determined by the Secretary on the basis of the most recent satisfactory data, 

bears to the number of those individuals in all such States, 

as so determined. 

‘‘(2) FISCAL YEAR 2016.—Notwithstanding paragraph (1), for 

fiscal year 2016, no State shall receive less than 90 percent of 

the State’s allocation under this part for fiscal year 2015, as 

such part was in effect on the day before the date of enactment 

of the Student Success Act. 

‘‘(3) SUCCEEDING FISCAL YEARS.—Notwithstanding paragraph 

(1), for fiscal year 2016 and each succeeding fiscal year, no 

State shall receive an allotment under paragraph (1) that is 

less than 90 percent of the State’s allotment under such paragraph for the preceding fiscal year. 

‘‘(c) RATABLE REDUCTIONS.—If the funds made available to carry 

out paragraph (1) of subsection (b) are insufficient to pay the full 

amounts that all States are eligible to receive under subparagraph 

(2) or (3) of such subsection for any fiscal year, the Secretary shall 

ratably reduce each such amount for such fiscal year. 

‘‘(d) REALLOTMENTS.—If any State does not apply for an allotment under this section, or has its application disapproved by the 

Secretary, the Secretary shall reallot the amount of that State’s allotment to the remaining States that have approved applications in 

accordance with this subpart. 

‘‘SEC. 2112. STATE APPLICATIONS. 

‘‘(a) IN GENERAL.—For a State to be eligible to receive a grant 

under this part, the State educational agency shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. 

The Secretary shall provide the State educational agency with the 


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opportunity to apply for funds under this part and part B through 

a consolidated application. 

‘‘(b) CONTENTS.—Each application submitted under this section 

shall include the following— 

‘‘(1) descriptions of any systems of teacher and principal 

evaluation in the State, including whether each system— 

‘‘(A) is designed primarily to— 

‘‘(i) increase student learning and improve instruction for students; 

‘‘(ii) inform professional development for teachers 

and school leaders and support interventions for students; and 

‘‘(iii) provide on-going and timely, individual and 

meaningful feedback, and substantive support to the 

teacher or school leader; 

‘‘(B) is developed, implemented, and adopted in collaboration with teachers, school leaders, and other education 

stakeholders; 

‘‘(C) includes— 

‘‘(i) multiple measures of teacher and school leader 

performance, including— 

‘‘(I) in the case of teachers, evidence of classroom practice; and 

‘‘(II) in the case of school leaders, evidence of 

school leadership and effective and efficient school 

program administration; 

‘‘(ii) evidence of student learning; 

‘‘(iii) contributions to student growth including higher order thinking skills, citizenship, and social and 

emotional development; and 

‘‘(iv) differentiated levels of teacher and school leader performance that are clearly articulated; 

‘‘(D) provides results that are comparable and consistent 

across all teachers and school leaders within a local educational agency consistent with section 2301 that reflect 

the ages and grades being taught and consistent within individual grade levels and subject areas in each local educational agency; 

‘‘(E) evaluates, annually, each teacher and school leader 

in the local educational agency and takes into consideration the experience and performance level of the teacher 

or school leader; 

‘‘(F) uses evaluation results to inform— 

‘‘(i) professional improvement plans for teachers and 

school leaders, which shall be developed in collaboration with teachers and school leaders, that are appropriate to the level of the individual being evaluated, 

including support and timelines to carry out each 

plan; and 

‘‘(ii) comprehensive support, mentoring, interventions and timelines to carry out each plan; and 

‘‘(G) establishes appropriate training for evaluators and 

staff being evaluated including— 


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‘‘(i) a clear articulation of the evaluation system and 

the process, systems, ratings, and the implications of 

the results provided to teachers and school leaders; 

‘‘(ii) how the system provides teachers and principals the opportunity and assistance to improve consistent with subparagraph (F)(i); and 

‘‘(iii) how to identify working conditions that affect 

teaching and learning, such as facilities and resources, 

and school climate and safety, and isolating educator 

impact on student outcomes from these factors; 

‘‘(2) a description of how the State educational agency will 

ensure that within 4 years of the date of enactment of the Student Success Act, each local educational agency in the State 

that receives a subgrant under subpart 2 makes public the results of an evaluation system if applicable; 

‘‘(3) a description of how, within 2 years of the date of enactment of the Student Success Act, each local educational agency 

in the State that receives a subgrant under subpart 2 shall 

conduct an annual assessment of educator support and working conditions that— 

‘‘(A) evaluates supports for teachers, leaders, and other 

school personnel, such as— 

‘‘(i) teacher and school leader perceptions of availability of high-quality professional development and 

instructional materials and opportunities for collaboration; 

‘‘(ii) timely availability of data on student academic 

achievement and growth; 

‘‘(iii) the presence of high-quality instructional leadership; and 

‘‘(iv) opportunities for professional growth such as 

career ladders and mentoring and induction programs; 

‘‘(B) evaluates working conditions for teachers, school 

leaders and other school personnel, such as— 

‘‘(i) school climate; 

‘‘(ii) school safety; 

‘‘(iii) class size; 

‘‘(iv) availability and use of common planning time 

and opportunities to collaborate; and 

‘‘(v) family and community engagement; 

‘‘(C) is developed with teachers, school leaders and other 

school personnel, parents, students, and the community; 

‘‘(D) develops and implements a plan with the groups described in subparagraph (C) and with, at a minimum, annual benchmarks to address the results of the assessment 

carried described in this paragraph; and 

‘‘(E) publicly reports on the results of the evaluations described in subparagraph (A) and (B) and the plan described in subparagraph (C); 

‘‘(4) a description of the educator supports the State has developed to assist in the implementation of new college- and career-ready standards, as described in section 1111(b)(2), including the State’s plan for making those supports available to its 

local educational agencies and for prioritizing the introduction 


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of those supports, in conjunction with the appropriate local 

educational agency, into the State’s lowest performing schools; 

‘‘(5) a description of how a State will develop and implement 

a plan for the equitable distribution of teachers and principals 

that— 

‘‘(A) low-income and minority students are not— 

‘‘(i) taught at higher rates than are other students 

by teachers not deemed qualified or who are rated in 

the lowest evaluation categories, where applicable; and 

‘‘(ii) assigned at higher rates than are other students 

to schools administered by principals who have been 

rated in the lowest evaluation rating categories, where 

applicable; 

‘‘(B) includes— 

‘‘(i) percentage of effective teachers, as determined 

by the State or local educational agency, for schools in 

the top quartile of poverty against the schools in the 

bottom quartile of poverty; 

‘‘(ii) percentage of effective teachers, as determined 

by the State or local educational agency, for schools in 

the top quartile in percentage of minority students 

against the bottom quartile of percentage of minority 

students; 

‘‘(iii) specific and measurable goals and strategies to 

close gaps identified in the plan; and 

‘‘(C) uses a combined measure of indicators such as a 

composite to carry out the plan described in this paragraph that— 

‘‘(i) shall include— 

‘‘(I) the percentage of first year teachers; and 

‘‘(II) the percentage of qualified teachers; and 

‘‘(ii) may include— 

‘‘(I) with respect to middle schools and high 

schools, the percentage of core academic courses 

taught by teachers who have met State licensure 

requirements for such courses; 

‘‘(II) the percentage of teachers whose licensure 

exam scores fall one standard deviation above 

passing score of teachers within the State; 

‘‘(III) the percent of teachers with more than 10 

absences over the course of the school year; and 

‘‘(IV) the percentage of teachers hired after the 

first day of school; 

‘‘(6) the State definition of teacher-of-record, how local educational agencies report to the State on the teacher-of-record, 

and how the definition is used to ensure equitable distribution 

of effective and highly effective teachers; 

‘‘(7) a description of how the State educational agency will 

develop and implement professional development that prepares 

teachers and school leaders to support, educate, and properly 

implement accommodations for students with disabilities; 

‘‘(8) a description of how the State will establish and maintain a data system that within 3 years after the date of enactment of the Student Success Act— 


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‘‘(A) supports data sharing among local educational 

agencies and a teacher and school leader preparation program described in section 200(6)(A)(IV) of the Higher Education Act of 1965, as amended by section 202 of the Student Success Act, on the program’s graduates’ students’, 

which may include data on evidence of student learning; 

and 

‘‘(B) publically reports the percentage of effective teachers and school leaders, as determined by the State or local 

educational agency, by preparation program; 

‘‘(9) a description of the State’s plan to— 

‘‘(A) implement the plan within the required timelines, 

including annual benchmarks for implementation; and 

‘‘(B) report annually to the Secretary on its progress implementing the plan and meeting annual benchmarks outlined under subparagraph (A); 

‘‘(10) the State’s definition of, or standards and criteria for— 

‘‘(A) a qualified teacher; and 

‘‘(B) an effective teacher; 

‘‘(11) a description of any performance measures in addition 

to those described in subpart 4 that the State will use to measure the performance of the State and of each local educational 

agency that receives a subgrant under subpart 2; and 

‘‘(12) a description of how the State will carry out the activities outlined in section 2113. 

‘‘(c) COMPLIANCE AND DISAPPROVAL.—If the Secretary finds that 

a State’s application does not comply in whole or in part with the 

requirements of this subpart, the Secretary shall— 

‘‘(1) notify the State regarding the specific provisions in the 

application that do not comply with the requirements of this 

subpart; 

‘‘(2) request any additional information needed to determine 

whether the application will comply with the requirements of 

this subpart; and 

‘‘(3) before disapproving the application, give the State notice 

and an opportunity for a hearing. 

‘‘SEC. 2113. STATE USES OF FUNDS. 

‘‘(a) IN GENERAL.—A State that receives a grant under this subpart shall use— 

‘‘(1) 90 percent of the grant funds to award subgrants under 

subpart 2 to local educational agencies with approved applications under section 2122; 

‘‘(2) not more than 5 percent of the grant funds, to plan and 

administer the activities of the State under this subpart, including the awarding of the subgrants under subpart 2 and the 

monitoring and enforcement of the requirements for the subgrants, including developing or improving any teacher and 

principal evaluation systems that are based in part on evidence 

of student learning and other measures determined by the 

State. 

‘‘(3) at least 2 percent of the grant funds to activities designed to recruit, support, and retain effective principals for 

high-need and low-performing schools, such as— 

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dency for at least one year or field-based experience in a 

high-need or low-performing school, and provide induction 

or other support for at least the first year of a principal’s 

service, including coaching from a mentor principal in instructional leadership and organizational management; 

‘‘(B) provide training in school and personnel management, including management of the organization, staff and 

resources, developing a school climate and instructional 

program, developing effective relationships with community and parents, and using student-level and school leveldata to inform decision-making; 

‘‘(C) training on child development, improving instruction and closing achievement gaps; 

‘‘(D) providing compensation incentives to attract, retain, 

and reward effective principals and other school leaders for 

high-need and low-performing schools; 

‘‘(E) developing teacher career ladders with a performance-based selection process that distribute school leadership responsibilities and develop a pipeline of individuals 

who gain the experience necessary to become an effective 

principal; and 

‘‘(F) activities to improve the effectiveness of school superintendents, principal supervisors, human resources directors, and other local educational agency managers; and 

‘‘(4) use any remaining funds reserved at the State level to— 

‘‘(A) carry out any other activities designed to help the 

State make progress toward carrying out the purposes of 

this title and showing improvement on the performance 

measures described in subpart 4 and any additional measures described in the State’s application, including activities designed to— 

‘‘(i) align the State’s professional teaching standards, 

teacher and school leader certification or licensure requirements, teacher-preparation programs, and professional-development requirements with kindergartenthrough-grade-12 academic content and achievement 

standards that build toward college-and-career-readiness; 

‘‘(ii) reform teacher and school leader compensation, 

including by modifying policies and practices and providing technical assistance to local educational agencies, in order to enable those agencies to recruit, reward, and retain effective teachers and school leaders 

in high-need schools, fields, subjects, and areas; 

‘‘(iii) support the training of teachers, principals, 

and other school leaders in meeting the diverse learning needs of their students, including through universal design for learning, as described in section 

5429(b)(21), and multi-tiered system of supports and 

language acquisition instruction; 

‘‘(iv) support the training of teachers, principals, and 

other school leaders in effectively integrating technology (including technology for students with disabilities) into curricula and instruction and in how to use 


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technology for on-line communication and for collaboration and data analysis; 

‘‘(v) strengthen human resource systems in local 

educational agencies to recruit, train, hire, and place 

individuals who are or are most likely to be effective 

teachers and principals, provide effective teachers and 

principals with support and development opportunities 

focused on increasing student achievement, and retain 

effective teachers and school leaders over time by creating school environments that enable excellent teaching including through strategies such as distributed 

leadership, time for collaboration and use of student 

data for job-embedded professional development; 

‘‘(vi) develop and provide professional development, 

including through joint professional development opportunities, for early childhood educators, teachers, 

principals, specialized instructional support personnel, 

and other school leaders; 

‘‘(vii) provide professional development for teachers 

and school leaders in the State to support, educate, 

and properly implement accommodations for students 

with disabilities; 

‘‘(viii) develop and implement policies and practices 

that position the State to be a competitive applicant 

for grants under part B of this title; 

‘‘(ix) support the training of teachers, principals, and 

other school leaders on how to accelerate the learning 

of students who are performing below grade level; and 

‘‘(x) provide professional development for teachers, 

principals and other school leaders in early elementary grades that includes specialized knowledge about 

child development and learning, developmentally-appropriate curricula and teaching practices, meaningful 

family engagement and collaboration with early care 

and education programs; 

‘‘(B) provide technical assistance, as necessary, to each 

local educational agency that receives a subgrant under 

subpart 2, in order to help the local educational agency improve performance on the measures described in subpart 4; 

‘‘(C) establish policies and practices to ensure the quality 

of the data reported under this part and the effectiveness 

of the methods used to analyze those data; and 

‘‘(D) develop and disseminate the State report card required under subpart 4, and use the information in the report card to guide efforts under this title. 

‘‘(b) SUPPLEMENT, NOT SUPPLANT.—Funds received under this 

subpart shall be used to supplement, and not supplant, non-Federal funds that would otherwise be used for activities authorized 

under this subpart. 


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‘‘Subpart 2—Subgrants to Local Educational 

Agencies 

‘‘SEC. 2121. SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES. 

‘‘(a) IN GENERAL.—Each State educational agency that receives 

an allocation under subpart 1 shall allocate to each local educational agency in the State that has an application approved by 

the State under section 2122 the sum of— 

‘‘(1) the amount that bears the same relationship to 20 percent of the amount allocated to the State educational agency 

as the number of individuals age 5 through 17 in the geographic area served by the agency, as determined by the Secretary on the basis of the most recent satisfactory data, bears 

to the number of those individuals in the geographic areas 

served by all such local educational agencies in the State, as 

so determined; and 

‘‘(2) the amount that bears the same relationship to 80 percent of the amount allocated to the State educational agency 

as the number of individuals age 5 through 17 from families 

with incomes below the poverty line in the geographic area 

served by the agency, as determined by the Secretary on the 

basis of the most recent satisfactory data, bears to the number 

of those individuals in the geographic areas served by all such 

local educational agencies in the State, as so determined. 

‘‘(b) MINIMUM ALLOTMENTS.— 

‘‘(1) FISCAL YEAR 2016.—For fiscal year 2016, no local educational agency shall receive an allocation under subsection (a) 

that is less than 90 percent of the allocation the local educational agency received under this part for fiscal year 2015, 

as this part was in effect on the day before the date of enactment of the Student Success Act. 

‘‘(2) SUBSEQUENT FISCAL YEARS.—For fiscal year 2017 and 

each succeeding fiscal year, no local educational agency receiving an allotment under subsection (a) shall receive less than 90 

percent of the allotment the local educational agency received 

under this subpart for the preceding fiscal year. 

‘‘(c) RATABLE REDUCTION.—If the funds described in subsection 

(a) are insufficient to pay the full amounts that all local educational agencies are eligible to receive under subsection (b) for any 

fiscal year, the State shall ratably reduce such amounts for such 

fiscal year. 

‘‘SEC. 2122. LOCAL EDUCATIONAL AGENCY NEEDS ASSESSMENT AND 

APPLICATIONS. 

‘‘(a) IN GENERAL.—To receive a subgrant under this subpart a 

local educational agency shall— 

‘‘(1) submit an application to the State educational agency involved at such time, in such manner, and containing such information and assurances as the State educational agency may 

reasonably require; and 

‘‘(2) conduct, in developing its application, and with the involvement of teachers, principals, and other stakeholders, as 

applicable, an assessment of educator support and working 

conditions consistent with section 2112(b)(3), in the areas set 

forth under the performance measures described in subpart 4, 


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identified under the school improvement plans under section 

1116, as applicable, and the needs of schools receiving funds 

under title I. 

‘‘(b) CONTENTS.—Each application submitted under this section 

shall include— 

‘‘(1) a description of— 

‘‘(A) the results of the needs assessment conducted under 

subsection (a)(2); 

‘‘(B) the performance measures and activities the local 

educational agency will use to address the needs identified 

under the assessment; 

‘‘(C) the local educational agency’s plan for using the 

subgrant under this subpart, and other local, State, and 

Federal funds, to ensure the equitable distribution of 

teachers and principals, within the local educational agency so that low-income and minority students are not— 

‘‘(i) taught at higher rates than are other students 

by teachers not deemed qualified and who are not effective, as determined by the State or local educational 

agency; 

‘‘(ii) assigned to schools administered by principals 

who not effective, as determined by the State or local 

educational agency, at higher rates than other students within the local educational agency; 

‘‘(D) the local educational agency’s plan for using the 

subgrant under this subpart to support teachers in meeting the diverse learning needs of all their students, including through universal design for learning, as described in 

section 5429(b)(21), and multi-tiered system of supports 

and language acquisition; and 

‘‘(E) a description of the educator supports the local educational agency will provide to assist with the implementation of new college- and career-ready standards and early 

learning standards, including the local educational agency’s plan for prioritizing the introduction of those supports 

in its lowest performing schools; 

‘‘(F) a description of how the local educational agency 

will, as appropriate, involve in the delivery of activities 

and services under this part, external providers that have 

demonstrated expertise and experience in using evidencebased strategies and programs to deliver evidence-based 

professional development and to raise the quality of teaching and school leadership; and 

‘‘(2) an assurance that, within 5 years of receiving a subgrant 

under this subpart, the local educational agency will— 

‘‘(A) conduct a second needs assessment, with the involvement of teachers, principals, and other stakeholders, 

as applicable, in the areas set forth in subpart 4 and identified in plans under section 1116, as applicable, particularly the needs of schools receiving funds under title I; and 

‘‘(B) submit a revised application to the State, consistent 

with the requirements of this section. 

‘‘SEC. 2123. LOCAL EDUCATIONAL AGENCY USES OF FUNDS. 

‘‘(a) USE OF FUNDS.—Subject to the requirements of the State 

consistent with section 2112(a), a local educational agency that reVerDate Sep 11 2014 06:02 Feb 26, 2015 Jkt 093510 PO 00000 Frm 00135 Fmt 6659 Sfmt 6602 E:\HR\OC\HR029.XXX HR029

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ceives a subgrant under this subpart shall, directly, or with other 

local educational agencies or the State educational agency, use the 

subgrant funds for activities designed to increase academic achievement for all students, including English learners and students with 

disabilities, by increasing the number and percentage of effective 

teachers and principals, as determined by the State or local educational agency, and to ensure the equitable distribution of effective teachers and school leaders through activities that— 

‘‘(1) develop and implement, or improve, where applicable, a 

teacher and principal evaluation system; 

‘‘(2) provide meaningful feedback to teachers and principals 

on evaluation results, where applicable, and use those results 

in making decisions, including about professional development; 

‘‘(3) recruit teachers who are qualified and teachers and principals who are effective, as determined by the State or local 

educational agency, especially teachers and principals who are 

needed for high-need and low-performing schools and highneed fields and subjects, including teachers and principals who 

come from underrepresented backgrounds; 

‘‘(4) implement the assessment of educator support and 

working conditions in accordance with section 2112(b)(3); 

‘‘(5) implement the local educational agency’s plan for ensuring the equitable distribution of effective teachers and principals, as determined by the State or local educational agency, 

who have been rated by the teacher and principal evaluation 

system as at least effective; 

‘‘(6) develop and implement an induction program that is designed to increase the effectiveness of new teachers and retain 

effective teachers, especially in high-need and low-performing 

schools, such as a program that provides reduced teaching assignments for new teachers, training for instructional coaches 

or mentors who will participate in induction activities, access 

to on-line support systems, and frequent feedback to promote 

continuous learning and instructional improvement; 

‘‘(7) work toward reducing class size for kindergarten 

through third grade by an amount and to a level consistent 

with what research has found to improve student academic 

achievement at a minimum in the schools in the lowest quartile of poverty in the local educational agency; 

‘‘(8) improve within-school equity in the distribution of effective teachers, as determined by the State or local educational 

agency, so that low-income and minority students are not 

taught at higher rates than are other students by teachers 

rated in one of the two lowest evaluation rating categories, 

where applicable; 

‘‘(9) plan and administer activities carried out under this 

subpart, including other activities to improve effectiveness and 

the equity of distribution as required in accordance with the 

local educational agency’s needs assessments under subsection 

(a)(2); 

‘‘(10) develop a plan to expand and improve the capacity of 

the local educational agency to recruit, select, train, evaluate, 

and develop effective staff, teachers, school leaders, and school 

leader managers to work at or with schools identified for improvement under section 1116; 


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‘‘(11) develop and implement professional development, including to assist teachers in supporting, educating, and properly implementing accommodations for students with different 

learning styles, particularly students with disabilities, English 

learners, and gifted and talented students; 

‘‘(12) develop a plan to improve the management of school 

leaders and to address the barriers in schools served by the 

local educational agency; 

‘‘(13) recruit, train, and support teacher leaders or principals 

for high-need schools; and 

‘‘(14) provide meaningful support to principals and their instructional leadership teams. 

‘‘(b) SUPPLEMENT, NOT SUPPLANT.—Funds received under this 

subpart shall be used to supplement, and not supplant, non-Federal funds that would otherwise be used for activities authorized 

under this subpart. 

‘‘(c) RULE OF CONSTRUCTION.—Nothing in this subpart shall be 

construed to require a local educational agency to transfer school 

personnel in order to comply with the requirements of this part. 

‘‘Subpart 3—National Leadership Activities 

‘‘SEC. 2131. NATIONAL LEADERSHIP ACTIVITIES. 

‘‘From the funds made available under section 2101 for this subpart for any fiscal year, the Secretary may to reserve up to 3 percent for research, development, technical assistance, outreach, and 

dissemination activities, carried out either directly or through 

grants, contracts, or cooperative agreements. Such activities may 

include— 

‘‘(1) activities to strengthen teacher and principal evaluation, 

including establishing a national center to gather, provide 

benchmarks on, and disseminate best practices and provide 

technical assistance on teacher and principal evaluation so as 

to support States and local educational agencies in developing 

robust and reliable evaluation systems that take evidence of 

student learning, as defined in section 2002(15) into account; 

‘‘(2) direct assistance to nonprofit organizations to enhance 

their support for local educational agencies and schools, including to community-based organizations that can support multiple local educational agencies in strengthening their teacher 

and principal pipelines and human-resource practices and provide professional enhancement activities, including advanced 

credentialing and high-quality, sustained professional development targeted to low-performing schools; 

‘‘(3) activities to support development of a leadership academy to train school leaders in effective school management and 

instructional leadership, with a primary focus on turning 

around low-performing schools, including— 

‘‘(A) effective management of the organization, staff, and 

resources; 

‘‘(B) developing a school climate and instructional program and related evidence-based professional development 

aligned to the needs of the students and school; 

‘‘(C) effective relationships with community and parents; 

and 


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‘‘(D) using student-level and school level-data to inform 

decision-making; 

‘‘(4) activities to strengthen evaluation of superintendents including developing model evaluations; and 

‘‘(5) activities to support pay for success initiatives to meet 

the purposes of this part. 

‘‘Subpart 4—Accountability 

‘‘SEC. 2141. EQUITY ACCOUNTABILITY. 

‘‘(a) STATE REQUIREMENTS.— 

‘‘(1) IN GENERAL.—Each State that receives a grant under 

subpart 1 shall— 

‘‘(A) in a case in which the comparisons conducted under 

section 2112(b)(5) of the State plan indicate the inequalities described in paragraph (2) with respect to high-poverty and high-minority local educational agencies— 

‘‘(i) in consultation with the local educational agencies in the State, established 2, 4 and 5 year improvement goals that will substantially reduce or eliminate 

the inequities in the schools of such high-poverty and 

high-minority local educational agencies; and 

‘‘(ii) establish a support plan to assist such high-poverty and high-minority local educational agencies meet 

such improvement goals; and 

‘‘(B) in a case in which a high-poverty and high-minority 

local educational agency has not achieved the 2-year improvement goals established under subparagraph (A)(i), 

use 2.5 percent of the grant funds received under subpart 

2 to carry out the activities described in subparagraph (A). 

‘‘(2) INEQUALITIES.—The inequalities described in this paragraph are as follows: 

‘‘(A) Students in high poverty and high minority local 

educational agencies in the State were being taught at 

higher rates by teachers rated in the lowest two quartiles 

based on the combined measure established under section 

2112(b)(5)(C) compared to students in low poverty and low 

minority local educational agencies in the State. 

‘‘(B) Students in high poverty and high minority local 

educational agencies are being taught at higher rates by 

teachers who are not effective as determined by the State 

or local educational agency, as compared to students in low 

poverty and low minority local educational agencies. 

‘‘(b) LOCAL EDUCATIONAL AGENCY REQUIREMENTS.— 

‘‘(1) IN GENERAL.—Subject to paragraph (3), a high-poverty or 

high-minority local educational agency described in paragraph 

(2) and with respect to which a State established improvement 

goals under subsection (a)(1)(A)(i), shall— 

‘‘(A) in a case in which the local educational agency fails 

to meet its 2 year improvement goals established under 

such subsection, use all funds made available through the 

subgrant to carry out the activities described in section 

2112(b)(5); 


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‘‘(B) in a case in which the local educational agency fails 

to meet its 4 year improvement goals established under 

such subsection— 

‘‘(i) receive a subgrant from the State under subpart 

2 equal to not more than 50 percent of the subgrant 

received by the local educational agency in the preceding year under such subpart; and 

‘‘(ii) make non-Federal contributions in an amount 

equal to not less than the Federal funds provided 

under the subgrant; and 

‘‘(C) in a case in which the local educational agency fails 

to meet its 5 year improvement goals established under 

such subsection, the local educational agency shall be prohibited from receiving a subgrant subpart 2. 

‘‘(2) DESCRIPTION OF LOCAL EDUCATIONAL AGENCIES.—A local 

educational agency described in this paragraph is a local educational agency that— 

‘‘(A) students in high poverty and high minority schools 

are being taught at higher rates by teachers rated in the 

lowest two quartiles based on the combined measure established under section 2112(b)(5)(C) compared to students 

in low poverty and low minority schools; and 

‘‘(B) students in high poverty and high minority schools 

are being taught at higher rates by teachers who are not 

effective, as determined by the State or local educational 

agency, compared to students in low poverty and low minority schools. 

‘‘(3) EXCEPTION.—Paragraph (1) shall not apply to high poverty and high minority schools where students are being 

taught at higher rates who are not effective, as determined by 

the State or local educational agency, compared to students in 

low poverty and low minority schools in the local educational 

agency if the performance of the high poverty or high minority 

school’s students, including each group of students described in 

section 1111(b)(2)(C)(v)(II), on the State’s annual student academic assessments has exceeded the statewide average performance for students overall in that subject for at least the 

previous 2 years. 

‘‘(4) INAPPLICABILITY.—This section shall not apply to a local 

educational agency that does not have more than one building 

for each grade span. 

‘‘(5) TRANSITIONAL COMPLIANCE.—Beginning on the date of 

enactment of the Student Success Act, for no more than 4 full 

school years a local educational agency shall be deemed to be 

in compliance with this section for any school year, if the 

teachers hired to fill vacancies in local education agencies 

served under this part, improve the equity in distribution of effective teachers, as determined by the State or local educational agency, between students served by high poverty or 

high minority schools and students served by low poverty or 

low minority schools as described in paragraph (2). 

‘‘(6) WAIVER.—A local educational agency may apply to the 

Secretary for a temporary waiver of the requirements of this 

section in the case of a natural disaster or unpredictable or significant personnel assignments that occur after the beginning 


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of a school year that would affect determination of compliance 

with this section. 

‘‘(7) RULES OF CONSTRUCTION.—Nothing in this section shall 

be construed to require a local educational agency to transfer 

school personnel in order to comply with this section. 

‘‘Subpart 5—Public Reporting 

‘‘SEC. 2151. PUBLIC REPORTING. 

‘‘(a) IN GENERAL.— 

‘‘(1) STATE REPORT CARD.—Each State that receives a grant 

under subpart 1 shall annually submit to the Secretary, and 

make public, a State report card on program performance and 

results under the grant, in a manner prescribed by the Secretary and containing, analyzing, and updating the information 

required under subsection (b). 

‘‘(2) LOCAL EDUCATIONAL AGENCY REPORT.—Each local educational agency that receives a subgrant under subpart 2 shall 

annually submit to the State, and make public— 

‘‘(A) a report on the local educational agency’s program 

performance and results under the subgrant, in a manner 

prescribed by the State or the Secretary, containing, analyzing, and updating the information required under subsection (c); and 

‘‘(B) the notifications to parents described in subsection 

(d). 

‘‘(3) PRIVACY.—Information required under this subpart shall 

be collected, reported, and disseminated in a manner that protects the privacy of individuals. 

‘‘(b) STATE REPORT CARD REQUIREMENTS.—Each State described 

in subsection (a)(1) shall report the following information in accordance with such subsection: 

‘‘(1) With respect to the State overall and for each local educational agency in the State, disaggregated by poverty quartile 

and minority quartile— 

‘‘(A) the number and percentage of teachers and principals, for each grant year, who— 

‘‘(i) are classified as qualified; 

‘‘(ii) are effective, where applicable; 

‘‘(iii) have taught for less than one full school year; 

and 

‘‘(iv) have demonstrated content knowledge in the 

subject or subjects the teachers are assigned to teach; 

‘‘(B) with respect to middle and high schools, the percentage of core academic courses taught by teachers who 

have met State licensure requirements for that course; 

‘‘(C) information required under equitable distribution 

plans for the State and each local educational agency 

under sections 2112(b)(5) and 2123(a), respectively; 

‘‘(D) staff retention rates for effective teachers, as determined by the State or local educational agency; and 

‘‘(E) any other performance measures the State is using 

to measure the performance of local educational agencies 

that receive a subgrant under subpart 2. 


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‘‘(2) Results of the data collection reporting under section 

2112(b)(7). 

‘‘(3) Progress towards meeting the equitable distribution requirements under section 2112(b)(5). 

‘‘(4) Results of the assessment of educator support and working conditions described in section 2112(b)(3). 

‘‘(5) Results of the needs assessment required under subpart 

2 by each school in the State and compared to the rubric which 

was used to conduct the needs assessment. 

‘‘(c) LOCAL EDUCATIONAL AGENCY REPORT CARD REQUIRE- MENTS.—Each local educational described in subsection (a)(2) shall 

report the following information, for each grant year, in accordance 

with such subsection: 

‘‘(1) With respect to the local educational agency overall and 

for schools in the agency by poverty quartile and minority 

quartile— 

‘‘(A) the number and percentage of teachers and principals, for each grant year, who— 

‘‘(i) are classified as qualified; 

‘‘(ii) are effective, as determined by the State or local 

educational agency; 

‘‘(iii) have taught for less than one full school year; 

and 

‘‘(iv) have demonstrated content knowledge in the 

subject or subjects the teachers are assigned to teach; 

and 

‘‘(B) with respect to middle school and high school, the 

percentage of core academic courses taught by teachers 

who have met State licensure requirements for that 

course. 

‘‘(d) PARENTS’ RIGHT TO KNOW.—Each local educational agency 

that receives a subgrant under subpart 2 shall ensure that each 

school served by the local educational agency provides, on an annual basis and at the beginning of the school year— 

‘‘(1) the teacher’s qualified status based on the definition 

under section 2002(5), including whether the teacher meets the 

status based on the requirement in subparagraph (A)(v) of 

such section; and 

‘‘(2) in local educational agencies withe teacher evaluation 

systems— 

‘‘(A) written notification to the parent of each student 

who has, for 2 consecutive years, been assigned an ineffective teacher, as determined by the State or local educational agency, that such student has been so assigned; 

and 

‘‘(B) a description of— 

‘‘(i) the supports the school and local educational 

agency will offer the student to compensate for the 

teacher assignment; 

‘‘(ii) the local educational agency’s plan for ensuring 

this assignment pattern does not continue; and 

‘‘(iii) the teacher’s qualified status based on the definition under section 2002(5), including whether the 

teacher meets the status based on the requirement in 

subparagraph (A)(v) of such section. 


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‘‘PART B—TEACHER AND LEADER INNOVATION 

FUND 

‘‘SEC. 2201. TEACHER AND LEADER INNOVATION FUND. 

‘‘The purpose of this part is to support States and local educational agencies in improving the effectiveness of their teachers 

and school leaders, especially those teachers and school leaders 

working in high-need schools, by creating the conditions needed to 

identify, recruit, prepare, retain, reward, and advance effective 

teachers, principals, and school leadership teams in such schools. 

‘‘SEC. 2202. AUTHORIZATION OF APPROPRIATIONS. 

‘‘(a) IN GENERAL.—There are authorized to be appropriated 

$950,000,000 for fiscal year 2016 and such sums as may be necessary for each of the 5 succeeding fiscal years to carry out this 

part. 

‘‘(b) CONTINUATION.—From the funds made available under subsection (a), the Secretary may reserve funds to continue funding 

the Teacher Incentive Fund authorized under the fourth, fifth, and 

sixth provisos of the ‘Innovation and Improvement Account’ under 

title III of Public Law 109–149, in accordance with the terms and 

conditions of such Fund that were in effect on the day before the 

enactment of the Student Success Act. 

‘‘SEC. 2203. GRANTS. 

‘‘(a) IN GENERAL.—From the funds made available under section 

2202 and not reserved under subsection (b) of such section, for each 

fiscal year, the Secretary shall award grants, on a competitive 

basis, to eligible entities to carry out the purpose of this part. 

‘‘(b) ELIGIBLE ENTITY.—In this part, the term ‘eligible entity’ 

means— 

‘‘(1) a State educational agency or a consortium of such agencies; 

‘‘(2) a high-need local educational agency or a consortium of 

such agencies; 

‘‘(3) one or more of the entities described in paragraphs (1) 

and (2) in partnership with one or more institutions of higher 

education, nonprofit organization, or educational service agencies; or 

‘‘(4) an entity described in paragraph (1) in partnership with 

1 or more local educational agencies at least one of which is 

a high-need local educational agency. 

‘‘(c) DURATION.—The Secretary shall award a grant under this 

part to an eligible entity for an initial period of not more than 3 

years, and may renew the grant for up to an additional 2 years if 

the Secretary finds that the eligible entity is achieving the objectives of the grant and has shown improvement against baseline 

measures on performance indicators. 

‘‘SEC. 2204. APPLICATIONS. 

‘‘(a) IN GENERAL.—Each eligible entity that desires a grant under 

this part shall submit an application to the Secretary at such time, 

in such manner, and containing such information and assurances 

as the Secretary may reasonably require. 

‘‘(b) CONTENTS.—Each application submitted under this section 

shall contain— 


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‘‘(1) a description of— 

‘‘(A) how the eligible entity will differentiate levels of 

teacher and principal performance by effectiveness, and 

the criteria it will use to determine that differentiation, 

which shall include the use of evidence of student learning 

as a significant factor, as well as other measures; and 

‘‘(B) how that differentiation will be— 

‘‘(i) consistent with the teacher and principal evaluation system described in section 2112(b)(1); and 

‘‘(ii) used by the local educational agency served by 

the eligible entity to make decisions about professional 

development and retention; 

‘‘(2) a description of the rigorous performance standards that 

the eligible entity has established, or will establish, within 2 

years of the date of enactment of Student Success Act, that will 

be used to evaluate performance; 

‘‘(3) a plan, developed with appropriate stakeholders, setting 

forth the activities to be implemented under the grant and how 

those activities will be aligned with the results of— 

‘‘(A) an analysis of workforce data (including teacher and 

principal surveys) that identifies strengths and weaknesses in the working conditions provided to teachers, 

school leaders, and other school personnel and the current 

and future staffing needs within the State or local educational agency; 

‘‘(B) a public review of any State or local educational 

agency statutes, policies, and practices, including employment policies and practices that pose a barrier to staffing 

schools, particularly high-need schools, with teachers and 

principals who have been rated in the highest rating categories; 

‘‘(C) an analysis of the effectiveness and the cost-effectiveness of applicable State or local educational agency 

policies and practices related to increasing teacher and 

principal effectiveness; 

‘‘(D) an analysis of the alignment of the policies and 

practices reviewed and analyzed under subparagraphs (B) 

and (C) with the goal of ensuring that educators are prepared to help all students achieve to college-and-careerready standards; and 

‘‘(E) as applicable, an analysis of the extent to which the 

local educational agency’s human capital strategies, including career advancement opportunities, salary schedules 

(including incentives for graduate credit and advanced degrees), and incentives, reward actions, and strategies that 

improve instruction and student learning; and 

‘‘(4) evidence of involvement and support for the proposed 

grant activities from— 

‘‘(A) in the case of an application from an eligible entity 

that includes a local educational agency or a consortium of 

such agencies, a local school board, teachers union (where 

there is a designated exclusive representative for the purpose of collective bargaining), teachers, principals, and 

other stakeholders; and 


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‘‘(B) in the case of an application from a State educational agency or consortium of such agencies, the State 

board of education, State agency for higher education, any 

participating local educational agency, and other stakeholders. 

‘‘(c) SELECTION CRITERION.—In making grants under this part, 

the Secretary shall consider the extent to which the eligible entity’s 

activities that are carried out through a grant under part A or 

through State and local funds are aligned with the entity’s plan 

under subsection (b)(3) and the purpose of this part. 

‘‘(d) PRIORITY.—The Secretary shall give priority to applications 

that address particular needs in improving the effectiveness of the 

education workforce in high-need schools or the needs of local educational agencies to fill positions in high-need fields and subjects. 

‘‘SEC. 2205. USE OF FUNDS. 

‘‘(a) IN GENERAL.—A eligible entity under this part— 

‘‘(1) shall use its grant funds for activities to— 

‘‘(A) improve the use of teacher and principal effectiveness information, which shall include the adoption of an 

evaluation system by a local educational agency, as described in section 2112(b)(1), and use of such evaluation results in consequential decisionmaking, including in— 

‘‘(i) paying bonuses and increased salaries, if the eligible entity uses an increasing share of non-Federal 

funds to pay the bonuses and increased salaries each 

year of the grant, to highly effective teachers or principals who work in high-need schools; 

‘‘(ii) activities under sections 2112 and 2122; 

‘‘(iii) reforming the local educational agency’s system 

of compensating teachers and principals; and 

‘‘(iv) developing and implementing a human capital 

system; and 

‘‘(B) improve teacher and school-leader compensation 

and career-development systems, which may include instituting performance pay, career advancement systems (such 

as career ladders or incentives for assuming additional 

roles and responsibilities intended to improve student academic achievement), or market-based compensation for a 

high-need school; and 

‘‘(2) may use its grant funds for activities to— 

‘‘(A) help ensure that high-need and low-performing 

schools are staffed more effectively and efficiently, such as 

through— 

‘‘(i) the implementation or use of earlier hiring 

timelines; 

‘‘(ii) more effective recruitment strategies (including 

strategies for recruiting candidates from underrepresented groups); 

‘‘(iii) more selective screening; and 

‘‘(iv) data systems for tracking attendance, teacher 

and principal evaluation results, tenure decisions, participation in professional development, and the results 

of that participation; 

‘‘(B) recruit, prepare, support, and evaluate principals 

who serve in high-need or low-performing schools; and 


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‘‘(C) recruit and retain teachers and leaders in rural and 

remote areas. 

‘‘(b) STATE GRANTEES.—A State educational agency that is a 

grantee under this part shall use its grant funds for activities to— 

‘‘(1) modify State policies and practices, as needed, to enable 

local educational agencies to carry out their activities under 

subsection (a); 

‘‘(2) develop and implement improvements to the State’s certification or licensure requirements, which shall include using 

teacher and principal evaluation results in certification or licensure decisions (such as by making them a significant factor 

in the granting of a full certification or license); and 

‘‘(3) implement a human capital system, including pre-service programs providing teachers and principals to schools within the State, that increases the numbers of highly effective 

teachers and principals, particularly in high-need schools by— 

‘‘(A) identifying, recruiting, training, hiring, and placing 

individuals who are or are most likely to be highly effective teachers and principals; 

‘‘(B) distributing highly effective teachers and principals 

strategically to high need schools; 

‘‘(C) providing highly effective teachers and principals 

with support and development opportunities focused on increasing student achievement; and 

‘‘(D) retaining highly effective teachers and principals 

over time by creating school environments that enable excellent teaching including through strategies such as distributed leadership, time for collaboration and use of student data for internal professional development. 

‘‘PART C—GENERAL PROVISIONS 

‘‘SEC. 2301. PROHIBITION AGAINST INTERFERENCE WITH STATE AND 

LOCAL LAWS AND AGREEMENTS. 

‘‘Nothing in this title shall be construed to alter or otherwise affect the rights, remedies, and procedures afforded to school or local 

educational agency employees under Federal, State, or local laws 

(including applicable regulations or court orders as well as requirements that local educational agencies negotiate and or meet and 

confer in good faith) or under the terms of collective bargaining 

agreements, memoranda of understanding, or other agreements between such employers and their employees. 

‘‘SEC. 2302. PROTECTING THE INTEGRITY OF EVALUATION SYSTEMS. 

‘‘No State or local educational agency receiving funding under 

this title shall publicly report personally identifiable information 

included in an individual teacher or principal evaluation, including 

information that can be used to distinguish an individual’s identity 

when combined with other personal or identifying information. 

‘‘SEC. 2303. PROHIBITION. 

‘‘Nothing in this title shall authorize any employee of the Federal 

Government to mandate, direct, control, or exercise any direction 

or supervision over the development of teacher, principal, or school 

leader evaluation systems.’’. 


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SEC. 202. HEA CONFORMING AMENDMENTS. 

(a) QUALIFIED TEACHER.—The Higher Education Act of 1965 (20 

U.S.C. 1001 et seq.) is amended— 

(1) in section 200 (20 U.S.C. 1021)— 

(A) by amending paragraph (13) to read as follows: 

‘‘(13) QUALIFIED.—The term ‘qualified’ has the meaning 

given the term ‘qualified teacher’ in section 2002(5), as amended by section 201 of the Student Success Act. 

‘‘(B) in paragraph (17)(B)(ii), by striking ‘highly qualified’ 

and inserting ‘qualified’; and 

‘‘(C) in paragraph (22)(D)(i), by striking ‘highly qualified’ 

and inserting ‘qualified’.’’; 

(2) in section 201(3) (20 U.S.C. 1022(3)), by striking ‘‘highly 

qualified teachers’’ and inserting ‘‘qualified teachers’’; 

(3) in section 202 (20 U.S.C. 1022)— 

(A) in subsection (b)(6)(H), by striking ‘‘highly qualified 

teachers’’ and inserting ‘‘qualified teachers’’; 

(B) in subsection (d)— 

(i) in paragraph (1)— 

(I) in subparagraph (A)(i)(I), by striking ‘‘highly 

qualified’’ and inserting ‘‘qualified’’; and 

(II) in subparagraph (B)(iii), by striking ‘‘highly 

qualified’’ and inserting ‘‘qualified’’; and 

(ii) in paragraph (5), by striking ‘‘highly qualified 

teachers’’ and inserting ‘‘qualified teachers’’; and 

(C) in subsection (e)(2)(C)(iii)(IV), by striking ‘‘highly 

qualified teacher, as defined in section 9101,’’ and inserting ‘‘qualified teacher, as defined in section 2002(5), as 

amended by section 201 of the Student Success Act’’; 

(4) in section 204(a)(4) (20 U.S.C. 1022c) by striking ‘‘highly 

qualified teachers’’ each place it appears and inserting ‘‘qualified teachers’’; 

(5) in section 205(b)(1)(I) (20 U.S.C. 1022d(b)(1)(I)), by striking ‘‘highly qualified teachers’’ and inserting ‘‘qualified teachers’’; 

(6) in section 207(a)(1) (20 U.S.C. 1022f(a)(1)), by striking 

‘‘highly qualified teachers’’ and inserting ‘‘qualified teachers’’; 

(7) in section 208(b) (20 U.S.C. 1022g(b)), by striking ‘‘highly 

qualified’’ each place it appears and inserting ‘‘qualified’’; 

(8) in section 242(b) (20 U.S.C. 1033a), by striking ‘‘highly 

qualified’’ each place it appears and inserting ‘‘qualified’’; 

(9) in section 251(b) (20 U.S.C. 1034(b)), by striking ‘‘highly 

qualified’’ each place it appears and inserting ‘‘qualified’’; and 

(10) in section 258(d)(1) (20 U.S.C. 1036(d)(1)), by striking 

‘‘highly qualified’’ and inserting ‘‘qualified’’.such partner institution. 

(c) DEFINITIONS.—Section 200 of the Higher Education Act of 

1965 (20 U.S.C. 1021) is amended— 

(1) by amending paragraph (6) to read as follows: 

‘‘(6) ELIGIBLE PARTNERSHIP.—Except as otherwise provided in 

section 251, the term ‘eligible partnership’ means an entity 

that— 

‘‘(A) shall include— 

‘‘(i) a high-need local educational agency; 


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‘‘(ii)(I) a high-need school or a consortium of highneed schools served by the high-need local educational 

agency; or 

‘‘(II) as applicable, a high-need early childhood education program; or 

‘‘(iii)(I) the following entities— 

‘‘(aa) a partner institution. 

‘‘(bb) a school, department, or program of education within such partner institution, which may 

include an existing teacher professional development program with proven outcomes within a 4- 

year institution of higher education that provides 

intensive and sustained collaboration between faculty and local educational agencies consistent with 

the requirements of this title; and 

‘‘(cc) a school or department of arts and sciences 

within such partner institution; or 

‘‘(II) an entity operating a program that provides alternative routes to State certification of teachers that 

has a teacher preparation program— 

‘‘(aa) whose graduates exhibit strong performance on State-determined qualifying assessments 

for new teachers through demonstrating that 80 

percent or more of the graduates of the program 

who intend to enter the field of teaching have 

passed all of the applicable State qualification assessments for new teachers, which shall include 

an assessment of each prospective teacher’s subject matter knowledge in the content area in 

which the teacher intends to teach; and 

‘‘(bb) that requires each student in the program 

to meet high academic standards or demonstrate 

a record of success, as determined by the institution (including prior to entering and being accepted into a program), and participate in intensive 

clinical experience, and each student in the program is preparing to become a qualified teacher; 

and 

‘‘(B) may include any of the following: 

‘‘(i) The Governor of the State. 

‘‘(ii) The State educational agency. 

‘‘(iii) The State board of education. 

‘‘(iv) The State agency for higher education. 

‘‘(v) A business. 

‘‘(vi) A public or private nonprofit educational organization. 

‘‘(vii) An educational service agency. 

‘‘(viii) A teacher organization. 

‘‘(ix) A high-performing local educational agency, or 

a consortium of such local educational agencies, that 

can serve as a resource to the partnership. 

‘‘(x) A charter school (as defined in section 5210). 

‘‘(xi) A school or department within a partner institution that focuses on psychology and human development. 


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‘‘(xii) A school or department within a partner institution with comparable expertise in the disciplines of 

teaching, learning, and child and adolescent development. 

‘‘(xiii) An entity operating a program that provides 

alternative routes to State certification of teachers. 

‘‘(xiv) A school, department, or program of education 

within a partner institution. 

‘‘(xv) A school or department of arts and sciences 

within a partner institution.’’; 

(2) by amending paragraph (10) to read as follows: 

‘‘(10) HIGH-NEED LOCAL EDUCATIONAL AGENCY.—The term 

‘‘high-need local educational agency has the meaning given 

such term in section 2002(4), as amended by section 201 of the 

Student Success Act.’’; 

(3) by amending paragraph (14) to read as follows: 

‘‘(14) INDUCTION PROGRAM.—The term ‘induction program’ 

has the meaning given the term ‘induction’ in section 2002(6), 

as amended by section 201 of the Student Success Act.’’; and 

(4) by amending paragraph (21) to read as follows: 

‘‘(21) TEACHER MENTORING.—The term ‘teacher mentoring’ 

has the meaning given the term ‘mentoring’ in section 2002(7), 

as amended by section 201 of the Student Success Act.’’. 

(d) PURPOSE.—Section 201 of the Higher Education Act of 1965 

(20 U.S.C. 1022) is amended— 

(1) by striking ‘‘and’’ at the end of paragraph (3); 

(2) by striking the period and inserting ‘‘; and’’ at the end of 

paragraph (4); and 

(3) by inserting at the end the following: 

‘‘(5) improve teacher effectiveness.’’. 

(e) PARTNERSHIP GRANTS.—Section 202 of the Higher Education 

Act of 1965 (20 U.S.C. 1022a) is amended— 

(1) in subsection (b)(6)— 

(A) in subparagraph (E)(ii), by striking ‘‘student academic’’ and inserting ‘‘college-and-career ready student 

academic’’; 

(B) in subparagraph (H)— 

(i) in the matter preceding clause (i), by inserting 

‘‘or alternative route entity’’ after ‘‘partner institution’’; 

(ii) in clause (i), by striking ‘‘that incorporate’’ and 

all that follows through ‘‘instruction’’ and inserting 

‘‘consistent with part A of title IV of the Elementary 

and Secondary Education Act of 1965’’; 

(iii) in clause (i), insert ‘‘and other educators, including mutli-tiered systems of support and universal design for learning, as described in section 5429(b)(21)’’ 

after ‘‘secondary school teachers’’; 

(iv) in clause (ii), insert ‘‘ and writing instruction’’ 

after ‘‘reading’’; and 

(v) after clause (ii) insert the following: 

‘‘(iii) provide high-quality professional development 

activities to strengthen the instructional and leadership skills of elementary school and secondary school 

principals and district superintendents, if the partner 

institution has a principal preparation program;’’; 


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(C) by redesignating subparagraphs (I) through (K) as 

subparagraphs (J) through (L), respectively; and 

(D) by inserting after subparagraph (H), the following: 

‘‘(I) how the partnership will prepare teachers to use 

data to analyze student performance and adjust teaching 

practices to improve student achievement;’’; and 

(2) in subsection (d)(6)(A), by striking ‘‘that incorporate the 

essential components of literacy instruction’’ and inserting 

‘‘aligned with part A of title IV of the Elementary and Secondary Education Act of 1965’’. 

(f) ADMINISTRATIVE PROVISIONS.—Section 203(b)(2)(A) of the 

Higher Education Act of 1965 (20 U.S.C. 1022b(b)(2)(A)) is amended by inserting ‘‘or alternative route entity’’ after ‘‘institution of 

higher education 

(g) ACCOUNTABILITY AND EVALUATION.—Section 204(a) of the 

Higher Education Act of 1965 (20 U.S.C. 1022c) is amended— 

(1) by redesignating paragraphs (3) and (4) as paragraphs (4) 

and (5), respectively; and 

(2) by inserting after paragraph (2), the following: 

‘‘(3) effective teachers as determined by the State;’’. 

(h) INFORMATION ON PREPARATION PROGRAMS.—Section 205(b)(1) 

of the Higher Education Act of 1965 (20 U.S.C. 1022d(b)) is amended— 

(1) in the matter preceding subparagraph (A), by striking 

‘‘teacher preparation program’’ and inserting ‘‘teacher and 

school leader preparation program’’; and 

(2) by adding at the end the following: 

‘‘(M) Within 3 years of the date of enactment of the Student Success Act, information on the impact of each program’s graduates on the evidence of student learning, as 

defined in section 2002(15), of the students that such graduates teach, if that information is available. 

‘‘(N) The percentage of each program’s graduates who 

teach in a high-need school. 

‘‘(O) The percentage of each program’s graduates who 

are prepared to teach a high-need subject. 

‘‘(P) The percentage of each program’s graduates who become effective and highly effective teachers or principals 

as determined by the State. 

‘‘(Q) The 3-year retention rate of each program’s graduates who become effective and highly effective teachers or 

principals according to such graduates’ ratings by such 

system.’’. 

TITLE III—LANGUAGE INSTRUCTION 

FOR LIMITED ENGLISH PROFICIENT 

AND IMMIGRANT STUDENTS 

SEC. 301. LANGUAGE INSTRUCTION. 

Title III (20 U.S.C. 6801 et seq.) is amended— 

(1) in section 3001— 

(A) by striking ‘‘fiscal year 2002’’ and inserting ‘‘fiscal 

year 2016’’ each place it appears; and 


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(B) in subsection (a)(1), by striking ‘‘$750,000,000’’ and 

inserting ‘‘1,000,000,000’’; 

(2) by striking ‘‘No Child Left Behind Act of 2001’’ and inserting ‘‘Student Success Act’’ each place it appears; 

(3) in section 3244, by striking ‘‘2002 through 2008’’ and inserting ‘‘2016 through 2022’’; 

(4) by striking ‘‘adequate yearly progress’’ and inserting 

‘‘progress’’ each place it appears; 

(5) in sections 3102(8)(B), 3113(b)(5)(B), and 3116(b)(3)(B), by 

striking ‘‘, as described in section 1111(b)(2)(B)’’; 

(6) in section 3122(a)(3)(A)(iii), by striking ‘‘as described in 

section 1111(b)(2)(B)’’; 

(7) by repealing section 3122; 

(8) in section 3111(b)(2)(D), by striking ‘‘annual measurable 

achievement objectives pursuant to section 3122’’ and inserting 

‘‘performance targets described in section 1111(c)’’; 

(9) in sections 3113(b), 3116(b), 3121(d)(3), and 3302(b), by 

striking ‘‘annual measurable achievement objectives described 

in section 3122’’ and inserting ‘‘performance targets described 

in section 1111(c)’’ each place it appears; 

(10) in section 3122, by striking ‘‘annual measurable achievement objectives’’ and inserting ‘‘performance targets’’ each 

place it appears; 

(11) by striking ‘‘section 1111(b)(7)’’ and inserting ‘‘section 

1111(b)(3)(F)’’ each place it appears; and 

(12) by striking ‘‘section 1111(b)(1)’’ and inserting ‘‘section 

1111(b)(4)’’ each place it appears. 

TITLE IV—21ST CENTURY SCHOOLS 

SEC. 401. 21ST CENTURY SCHOOLS. 

Title IV (20 U.S.C. 7101 et seq.) is amended to read as follows: 

‘‘TITLE IV—21ST CENTURY SCHOOLS 

‘‘PART A—21ST CENTURY COMMUNITY LEARNING CENTERS

‘‘SEC. 4001. PURPOSE. 

‘‘The purpose of this part is to provide opportunities for communities to establish or expand activities through learning partnerships that— 

‘‘(1) provide opportunities for academic enrichment, increased 

academic achievement, and student success in schools by providing students with additional learning time for more expansive, relevant and rigorous learning opportunities, including 

opportunities to catch students up in their coursework, and 

help students accelerate their learning; 

‘‘(2) provide a broad array of additional services, programs 

and activities for a well-rounded education, including youth development activities, music and the arts, outdoor and recreation programs, technology education programs, dual-language 

programs, character education, and environmental literacy programs that are designed to reinforce and compliment the regular academic program for participating students; 


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‘‘(3) complement, not replicate, the regular school day, by offering a range of activities that capture student interest and 

strengthen student engagement in learning, promote higher 

class attendence, improve retention, and reduce the risk for 

dropout, and actively address the specific learning needs and 

interests of all types of students, especially those who may 

benefit from approaches and experiences not offered in the traditional classroom setting; 

‘‘(4) provide teachers and staff in learning partnerships with 

increased opportunities to work collaboratively, and to participate in professional planning and professional development, 

within and across grades and subjects to improve teaching and 

learning; 

‘‘(5) provide students with safe learning environments and 

additional resources to increase student engagement in school; 

and 

‘‘(6) offer families of students served by partnerships opportunities for literacy development and related educational development. 

‘‘SEC. 4002. ALLOTMENT TO STATES. 

‘‘(a) RESERVATION.—From the funds appropriated under section 

4009 for any fiscal year, the Secretary shall reserve not more than 

1 percent for payments to the outlying areas and the Bureau of Indian Affairs, to be allotted in accordance with their respective 

needs for assistance under this part, as determined by the Secretary, to enable the outlying areas and the Bureau to carry out 

the purpose of this part. 

‘‘(b) STATE ALLOTMENTS.— 

‘‘(1) DETERMINATION.—From the funds appropriated under 

section 4009 for any fiscal year and remaining after the Secretary makes reservations under subsection (a), the Secretary 

shall allot to each State for the fiscal year an amount that 

bears the same relationship to the remainder as the amount 

the State received under subpart 2 of part A of title I for the 

preceding fiscal year bears to the amount all States received 

under that subpart for the preceding fiscal year, except that no 

State shall receive less than an amount equal to one-half of 1 

percent of the total amount made available to all States under 

this subsection. 

‘‘(2) REALLOTMENT OF UNUSED FUNDS.—If a State does not 

receive an allotment under this part for a fiscal year, the Secretary shall reallot the amount of the State’s allotment to the 

remaining States in accordance with this subsection. 

‘‘SEC. 4003. STATE ACTIVITIES. 

‘‘(a) IN GENERAL.—A State educational agency may use not more 

than 5 percent of the amount made available to the State under 

section 4002(b) for— 

‘‘(1) the administrative costs of carrying out its responsibilities under this part; and 

‘‘(2) providing technical assistance as described in subsection 

(b) to learning partnerships; 

‘‘(b) TECHNICAL ASSISTANCE.— ‘‘(1) IN GENERAL.—The technical assistance described in this 

paragraph includes the following: 


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‘‘(A) Assisting learning partnerships who are prioritized 

in section 4005(g) including rural and urban schools by— 

‘‘(i) informing those learning partnerships that are 

prioritized in section 4005(g) that they have a priority 

for competing for grants under section 4005; 

‘‘(ii) providing technical assistance to the learning 

partnership for the development of the applications 

described in section 4005(b), including assisting the 

learning partnership in identifying which elementary 

schools and secondary schools to serve; 

‘‘(iii) providing technical assistance to the learning 

partnership if they do not receive a grant under section 4005 so that they may re-compete in following 

competitions; 

‘‘(B) Assisting each learning partnership that receives an 

award under section 4005 to plan and implement additional learning time with such funds, including assisting 

the learning partnership in— 

‘‘(i) determining how to implement additional learning time in the schools the learning partnership intends to serve based on the results of the needs assessment described in section 4005(b)(2)(C)(i); 

‘‘(ii) identifying additional community partners, 

which may include multicounty public entities, and resources that may be utilized to implement the additional learning time; 

‘‘(iii) strengthening the existing partnerships of the 

learning partnership, identifying appropriate roles for 

each of the partners in the implementation of additional learning time in schools served by the learning 

partnership, and ensuring that the partnership is effective in maintaining strong communication, information sharing, and joint planning and implementation; 

‘‘(C) Identifying best practices for professional development for teachers and staff in learning partnerships receiving funding under this part to implement the authorized activities described in section 4006. 

‘‘(D) Identifying best practices for using additional learning time to improve academic enrichment, and student 

academic achievement in schools, and providing technical 

assistance to the learning partnership in using such best 

practices to implement and improve additional learning 

time initiatives. 

‘‘(E) Providing guidance on how to provide programs that 

are age appropriate and address the varying needs of students in elementary (including preschool), middle, and diploma granting schools. 

‘‘(F) Supporting pay for success initiatives at the State 

or local level to meet the purposes of this part. 

‘‘(2) SUBGRANTS FOR TECHNICAL ASSISTANCE.—A State educational agency may use a portion of the funds described in 

paragraph (1) to award subgrants to entities including intermediaries, educational service agencies or other public entities 

with demonstrated expertise in additional learning time capacVerDate Sep 11 2014 06:02 Feb 26, 2015 Jkt 093510 PO 00000 Frm 00152 Fmt 6659 Sfmt 6602 E:\HR\OC\HR029.XXX HR029

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ity building, or evaluation to carry out the technical assistance 

described in subparagraph (A). 

‘‘SEC. 4004. STATE APPLICATION. 

‘‘(a) IN GENERAL.—In order to receive an allotment under section 

4002(b) for any fiscal year, a State educational agency shall submit 

to the Secretary, at such time and in such manner as the Secretary 

may require, an application that— 

‘‘(1) designates the State educational agency as the agency 

responsible for the administration and supervision of programs 

assisted under this part; 

‘‘(2) describes how the State educational agency will use 

funds received under this part, including funds reserved for 

State-level activities; 

‘‘(3) contains an assurance that the State educational agency, 

in making awards under section 4005, will give priority to 

learning partnerships that propose to serve— 

‘‘(A) students attending schools in need of support and 

high-priority schools; 

‘‘(B) schools with a high number or percentage of students that are eligible for free or reduced price lunch 

under the Richard B. Russell School Lunch Act (42 U.S.C. 

1751 et seq.); 

‘‘(4) describes the peer review process as described in section 

4005(e) and the selection criteria the State educational agency 

will use to evaluate applications from, and select, learning 

partnerships to receive awards under section 4005; 

‘‘(5) describes the steps the State educational agency will 

take to ensure that activities and programs carried out by 

learning partnerships using such awards— 

‘‘(A) implement evidence-based strategies; and 

‘‘(B) ensure learning partnerships have the capacity to 

implement high-quality additional learning time activities 

that are different from methods which have been proven 

ineffective during the regular school day; 

‘‘(6) describes how the State educational agency will use the 

indicators under section 4007(a)(3) to measure the performance, on an annual basis, of learning partnerships, and 

‘‘(A) use outcomes from multiple indicators and not rely 

on one indicator in isolation; and 

‘‘(B) provide ongoing technical assistance and training 

and dissemination of promising practices; 

‘‘(7) provides an assurance that the State educational agency 

will set up a process to allow learning partnerships who receive an award under section 4005 and who operate a proven 

and effective program based on the measures of performance 

described in paragraph (6) to recompete in their last year of 

funding for an additional 5-year implementation cycle; 

‘‘(8) describes how the State educational agency will, to the 

extent practicable, distribute funds under this part equitably 

among geographic areas within the State, including urban and 

rural areas; 

‘‘(9) includes information identifying the per-pupil funding 

amount range the State educational agency will use to ensure 

that awards made under section 4005 are of sufficient size and 

scope to carry out the purposes of the award, 


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‘‘(10) includes an assurance that in determining award 

amounts in accordance with paragraph (9), the State educational agency shall take into consideration— 

‘‘(A) diverse geographical areas; and 

‘‘(B) the quality of activities and programs proposed by 

learning partnerships applying for such awards; 

‘‘(11) provides an assurance that the application will be developed in consultation and coordination with appropriate 

State officials, including the chief State school officer, and 

other State agencies administering additional learning time, 

the heads of the State health and mental health agencies or 

their designees, teachers, parents, students, the business community, and community-based organizations; 

‘‘(12) describes how activities and programs carried out by 

the learning partnerships under this part will be coordinated 

with programs under this Act, and other programs as appropriate; 

‘‘(13) describes how the State educational agency will provide 

a fair and transparent competition for learning partnerships 

that apply for grant funds under section 4005(b); 

‘‘(14) provides an assurance that the State educational agency in determining grant awards to learning partnerships will 

award grants based solely on the quality of the application in 

relationship to the needs identified by the learning partnership 

through the needs assessment described in section 

4005(b)(2)(C)(i); and 

‘‘(15) provides for timely public notice of intent to file an application and an assurance that the application will be available for public review after submission. 

‘‘(b) DEEMED APPROVAL.—An application submitted by a State 

educational agency pursuant to subsection (a) shall be deemed to 

be approved by the Secretary unless the Secretary makes a written 

determination, prior to the expiration of the 120-day period beginning on the date on which the Secretary received the application, 

that the application is not in compliance with this part. 

‘‘(c) DISAPPROVAL.—The Secretary shall not finally disapprove the 

application, except after giving the State educational agency notice 

and opportunity for a hearing. 

‘‘(d) NOTIFICATION.—If the Secretary finds that the application is 

not in compliance, in whole or in part, with this part, the Secretary 

shall— 

‘‘(1) give the State educational agency notice and an opportunity for a hearing; and 

‘‘(2) notify the State educational agency of the finding of noncompliance, and, in such notification, shall— 

‘‘(A) cite the specific provisions in the application that 

are not in compliance; and 

‘‘(B) request additional information, only as to the noncompliant provisions, needed to make the application compliant. 

‘‘(e) RESPONSE.—If the State educational agency responds to the 

Secretary’s notification described in subsection (d)(2) during the 45- 

day period beginning on the date on which the agency received the 

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formation described in subsection (d)(2)(B), the Secretary shall approve or disapprove such application prior to the later of— 

‘‘(1) the expiration of the 45-day period beginning on the date 

on which the application is resubmitted; or 

‘‘(2) the expiration of the 120-day period described in subsection (b). 

‘‘(f) FAILURE TO RESPOND.—If the State educational agency does 

not respond to the Secretary’s notification described in subsection 

(d)(2) during the 45-day period beginning on the date on which the 

agency received the notification, such application shall be deemed 

to be disapproved. 

‘‘SEC. 4005. LOCAL COMPETITIVE GRANT PROGRAM. 

‘‘(a) IN GENERAL.—Each State that receives an allotment under 

this part shall reserve not less than 95 percent of the amount allotted to such State under section 4002(b), for each fiscal year for 

awards to learning partnerships under this section. 

‘‘(b) APPLICATION.— 

‘‘(1) IN GENERAL.—To be eligible to receive an award under 

this part, a learning partnership shall submit an application to 

the State educational agency at such time, in such manner, 

and including such information as the State educational agency may reasonably require. 

‘‘(2) CONTENTS.—Each application submitted under paragraph (1) shall include the following: 

‘‘(A) IMPLEMENTATION PLAN.—A description of the planning activities that will be conducted during the planning 

phase, if applicable, that shall include a budget for the 

planning activities; 

‘‘(B) ROLES AND RESPONSIBILITIES.—A description of the 

learning partnership and the roles and responsibilities of 

each of the partners of the learning partnership. 

‘‘(C) ADDITIONAL LEARNING TIME ACTIVITIES.—A description of— 

‘‘(i) the activities that will be carried out by the 

learning partnership during the additional learning 

time based solely on the learning partnership’s determination of the results of a needs assessment that 

considers— 

‘‘(I) school-wide needs, including planning time 

and instructional time for teachers and staff in 

the learning partnership; 

‘‘(II) individual student learning needs; 

‘‘(III) school and student safety; and 

‘‘(IV) the number of additional hours (during the 

regular school day or outside of the regular school 

day, as applicable) needed for supervised student 

enrichment, determined through school, family, 

and community input; 

‘‘(ii) a description of how the learning partnership 

will align the activities described in this subparagraph 

with— 

‘‘(I) school improvement plans developed and 

implemented pursuant to section 1116, if applicable; 


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‘‘(II) academic instruction that occurs during the 

regular school day at the school proposed to be 

served by the learning partnership; and 

‘‘(III) in the case of a learning partnership implementing additional learning time as described 

in section 4008(2)(B), school improvement efforts 

supported by other programs under this Act and 

other relevant State and local programs; 

‘‘(iii) the anticipated number of hours of additional 

learning time the average and highest-need student 

will receive, based on evidence-based attendance expectations, and how the number of hours are appropriate based on the needs assessment described in 

clause (i) and the requirements of (ii); 

‘‘(iv) the grade or grade spans (including preschool) 

to be served by the learning partnerships using award 

funds; 

‘‘(v) how students participating in the activities will 

travel safely to and from the additional learning time 

center and home, as applicable; and 

‘‘(vi) a description of how the learning partnership 

will ensure that staff employed by the learning partnership will coordinate to develop and implement activities described in this subparagraph using, in part, 

the data described in subparagraph (F). 

‘‘(D) SELECTION OF SCHOOLS.—A description of the process, considerations, and criteria the learning partnership 

will use to select schools to implement additional learning 

time programs and activities that shall take into account 

the priorities described in section 4005(g); 

‘‘(E) FACILITY ASSURANCE.—An assurance that the activities described in subparagraph (C) will take place in a safe 

and easily accessible facility and a description of how the 

learning partnership will disseminate information about 

the facility to the parents and community in a manner 

that is understandable and accessible; 

‘‘(F) DATA SHARING.—An assurance that relevant student 

level data will be shared within the learning partnership 

consistent with the requirements of section 444 of the General Education Provisions Act so that the activities described in subparagraph (C)(i) are aligned according to 

subparagraph (C)(ii). 

‘‘(G) PROFESSIONAL DEVELOPMENT ACTIVITIES.—A description of how the learning partnership will provide professional development to the staff employed by the learning partnership. 

‘‘(H) PUBLIC RESOURCES.—An identification of Federal, 

State, and local programs that will be combined or coordinated with the additional learning time program to make 

the most effective use of public resources. 

‘‘(I) SUPPLEMENT, NOT SUPPLANT.—An assurance that 

funds under this section will be used to increase the level 

of State, local, and other non-Federal funds that would, in 

the absence of funds under this part, be made available for 

programs and activities authorized under this part, and in 


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no case supplant Federal, State, local, or non-Federal 

funds; 

‘‘(J) EXPERIENCE.—A description of past performance and 

record of effectiveness of the community based organization within the partnership in providing the activities described in subparagraph (C). 

‘‘(K) CONTINUATION AFTER FEDERAL FUNDING.—A description of a preliminary plan for how the additional 

learning time will continue when funding under this part 

ends. 

‘‘(L) CAPACITY.—An assurance that the learning partnership has the capacity to collect the data relevant to the indicators described under section 4007(a)(3). 

‘‘(M) NOTICE OF INTENT.—An assurance that the community of the learning partnership will be given notice of an 

intent to submit an application and that the application 

and any waiver request will be available for public review 

after submission of the application. 

‘‘(N) OTHER INFORMATION AND ASSURANCES.—Such other 

information and assurances as the State educational agency may reasonably require. 

‘‘(c) APPROVAL OF CERTAIN APPLICATIONS.—The State educational 

agency may approve an application under this section for a program to be located in a facility other than an elementary school or 

secondary school only if the program will be at least as available 

and accessible to the students to be served as if the program were 

located in an elementary school or secondary school. 

‘‘(d) NON-FEDERAL MATCH.— ‘‘(1) IN GENERAL.—A State educational agency shall require 

a learning partnership to match funds awarded under this 

part, except that such match may not exceed the amount of the 

grant award and may not be derived from other Federal funds. 

‘‘(2) SLIDING SCALE.—The amount of a match under paragraph (1) shall be established based on a sliding fee scale that 

takes into account— 

‘‘(A) the relative poverty of the population to be targeted 

by the learning partnership; and 

‘‘(B) the ability of the learning partnership to obtain 

such matching funds. 

‘‘(3) IN-KIND CONTRIBUTIONS.—Each State educational agency 

shall permit the community-learning partnership to provide all 

or any portion of such match in the form of in-kind contributions. 

‘‘(e) PEER REVIEW.—In reviewing local applications under this 

section, a State educational agency shall use a peer review process 

or other methods of assuring the quality of such applications. 

‘‘(f) DURATION OF AWARDS.—Grants under this section may be 

awarded for a period of 5 years. Learning partnerships that receive 

funding under this section and who operate a proven and effective 

program based on the measures of performance established in section 4004(a)(6) shall be allowed to recompete in their last year of 

funding for an additional 5 year grant. 

‘‘(g) PRIORITY.—In awarding grants under this part, a State educational agency shall give priority to applications proposing to target services to— 


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‘‘(1) students (including preschool students) who attend 

schools in need of support and high-priority schools; and 

‘‘(2) learning partnerships that propose to serve schools with 

a high percentage or number of students that are eligible for 

free and reduced price lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.); 

‘‘SEC. 4006. LOCAL ACTIVITIES. 

‘‘(a) AUTHORIZED ACTIVITIES.— 

‘‘(1) IN GENERAL.—Each learning partnership that receives 

an award under section 4005 shall use the award funds to implement additional learning time activities that are consistent 

with section 4005(b)(2). 

‘‘(2) PLANNING PERIOD.—Each learning partnership may use 

funds under this section for a planning period of not longer 

than 6 months to develop an implementation plan described in 

section 4005(b)(2)(A) to carry out the additional learning time 

activities, or up to one school year to develop an extended 

school day, week, or year. 

‘‘SEC. 4007. REPORTING. 

‘‘(a) REPORT BY LEARNING PARTNERSHIPS.—Each learning partnership shall, not later than 1 year after the first day of the first 

school year in which the additional learning time is implemented, 

prepare and submit to the State educational agency a report— 

‘‘(1) containing a detailed description of the additional learning time activities that were carried out under this part; 

‘‘(2) with respect to each school served by the partnership— 

‘‘(A) on the actual expenses associated with, carrying out 

the additional learning time programs and activities in the 

first school year; and 

‘‘(B) a description of how the additional learning time 

programs and activities were implemented and whether 

such programs and activities were carried out during nonschool hours or periods when school is not in session or 

added to expand the school day, school week, or school 

year schedule; and 

‘‘(3) containing measures of performance, aggregated and 

disaggregated, on the following indicators— 

‘‘(A) student academic achievement as measured by— 

‘‘(i) high-quality State academic assessments; and 

‘‘(ii) student growth in accordance with student 

growth standards; 

‘‘(B) for diploma granting schools served by the learning 

partnerships, graduation rates; 

‘‘(C) student attendance, reported separately for inschool attendance and attendance at the nonschool time 

programs, if applicable; 

‘‘(D) performance on a set of comprehensive school performance indicators that may include— 

‘‘(i) as appropriate, rate of earned on-time promotion 

from grade-to-grade; 

‘‘(ii) for high schools served by the learning partnerships, the percentage of students taking a college preparatory curriculum, or student rates of enrollment, 


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persistence, and attainment of an associate or baccalaureate degree; 

‘‘(iii) the percentage of student suspensions and expulsions; 

‘‘(iv) indicators of school readiness for entering kindergartners; 

‘‘(v) evidence of increased parent and family engagement and support for children’s learning; 

‘‘(vi) evidence of increased student engagement in 

school, which may include completing of assignments 

and coming to class prepared; 

‘‘(vii) evidence of mastery of non-academic skills 

which may include problem solving, learning to work 

in teams, and social and civic responsibility; 

‘‘(viii) improved personal attitude, which may include initiative, self-confidence, self-esteem and sense 

of self-efficacy; and 

‘‘(ix) development of social skills, which may include 

behavior, communication, relationships with peers and 

adults. 

‘‘(b) REPORT BY STATE EDUCATIONAL AGENCY.—A State Educational Agency that receives funds under this part shall annually 

prepare and submit to the Secretary a report that contains all reports submitted by learning partnerships under the jurisdiction of 

the agency, aggregated and disaggregated, provided under subsection (a). 

‘‘(c) PUBLICATION AND AVAILABILITY OF THE REPORT.—The Secretary shall publish and make widely available to the public, including through a website or other means, a summary of the reports received under subsection (b). 

‘‘SEC. 4008. DEFINITIONS. 

‘‘In this part: 

‘‘(1) LEARNING PARTNERSHIP.—The term ‘learning partnership’ means— 

‘‘(A) a local educational agency, a consortium of local 

educational agencies, or an educational service agency and 

one or more local educational agencies, in a partnership 

with 1 or more community-based organizations or other 

public or private entities; or 

‘‘(B) a community-based organization, or other public or 

private entity, in a partnership with a local educational 

agency, a consortium of local educational agencies, or an 

educational service agency and one or more local educational agencies. 

‘‘(2) ADDITIONAL LEARNING TIME.—The term ‘additional 

learning time’ means— 

‘‘(A) time added during non-school hours or periods when 

school is not in session, such as before or after school or 

during summer recess for activities that— 

‘‘(i) provide opportunities for student academic enrichment, including hands-on, experiential and projectbased learning opportunities for subjects including 

English, reading or language arts, mathematics, 

science, foreign languages, civics and government, economics, music and the arts, history, geography, health 


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education, physical education, environmental literacy, 

and activities such as tutoring and service learning 

that— 

‘‘(I) assist students in meeting State and local 

academic achievement standards in core academic 

subjects, 

‘‘(II) use evidence-based skill training approaches and active forms of learning to promote 

healthy development, and engage students in 

learning; 

‘‘(III) align and coordinate with the regular 

school day and school year curriculum; 

‘‘(IV) align to school improvement plans developed pursuant to section 1116, as applicable; and 

‘‘(V) align to the learning needs of individual 

students at the school served by the learning partnership; 

‘‘(ii) provide students with opportunities for personal 

and social development; 

‘‘(iii) serve the learning needs and interests of all 

students, including those who already meet or exceed 

student academic achievement standards as measured 

by high-quality State academic assessments, and especially those who may not be achieving at grade level 

in the traditional classroom setting; 

‘‘(iv) are developmentally and age appropriate; and 

‘‘(v) involve a broad group of stakeholders (including 

educators, parents, students, and community partners) 

in carrying out additional learning time programs and 

activities described in this subparagraph; or 

‘‘(B) time added to expand the school day, school week, 

or school year schedule, that— 

‘‘(i) increases the total number of school hours for 

the school year at a school based on evidence supporting the amount of additional learning time needed 

to achieve the objectives described in clause (ii); 

‘‘(ii) is used to redesign the school’s program and 

schedule— 

‘‘(I) to support innovation in teaching, in order 

to improve the academic achievement of students 

aligned to the school improvement plan, if applicable, especially those students who may not be 

achieving at grade level, in reading or language 

arts, mathematics, science, history and civics, and 

other core academic subjects; 

‘‘(II) to improve the performance of all students, 

including those students who are struggling to 

meet college and career ready standards or State 

early learning standards, as appropriate, and 

those students who already meet or exceed college 

and career ready standards as measured by highquality State academic assessments; 

‘‘(III) for additional subjects and enrichment activities that reflect student interest, connect to effective community partners, and contribute to a 


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well-rounded education, which may include music 

and the arts, health education, physical education, 

service learning, and experiential and work-based 

learning opportunities (such as community service, learning apprenticeships, internships, and job 

shadowing); 

‘‘(IV) to advance student learning by providing a 

learning environment and supporting learning activities that engage students, develop social skills, 

and cultivate positive personal attitude; and 

‘‘(V) for teachers and staff in learning partnerships to collaborate, and plan, within and across 

grades and subjects; 

‘‘(iii) provides school-wide services that are— 

‘‘(I) aligned to school improvement plans developed pursuant to section 1116, as applicable; and 

‘‘(II) aligned to individual student achievement 

needs as identified by the school-site staff at the 

school served by the community-learning partnership; and 

‘‘(iv) involve a broad group of stakeholders (including educators, parents, students and community partners) in planning and carrying out additional learning 

time programs and activities described in this subparagraph. 

‘‘(3) ENVIRONMENTAL LITERACY.—The term ‘environmental 

literacy’ means a fundamental understanding of ecological 

principles, the systems of the natural world, and the relationships and interactions between natural and man made environments. 

‘‘SEC. 4009. AUTHORIZATION OF APPROPRIATIONS. 

‘‘There are authorized to be appropriated to carry out this part 

$1,200,000,000 for fiscal year 2016 and such sums as may be necessary for each succeeding fiscal year. 

‘‘PART B—GRANTS TO SUPPORT STUDENT SAFETY, HEALTH, AND

SUCCESS

‘‘SEC. 4201. PURPOSE. 

‘‘The purposes of this part are— 

‘‘(1) to support local educational agencies and schools in providing comprehensive systems of learning supports to students 

and their families so that students receive their education in 

safe environments and graduate from school college and career 

ready; 

‘‘(2) to enhance the ability of local educational agencies and 

schools to leverage resources within schools and within communities to improve instruction, strengthen programs, and 

identify gaps in existing programs for students and their families; 

‘‘(3) to ensure the academic, behavioral, emotional, health, 

mental health, and social needs of all students, including students from low income families, students with disabilities, 

English learners, and youth who are involved in or who are 

identified by evidence-based risk assessment methods as being 


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at high risk of becoming involved in juvenile delinquency or 

criminal street gangs through a coordinated pipeline or continuum of services for children from birth through college or 

career; 

‘‘(4) to support programs and activities that prevent and respond to violence in and around schools (including bullying, 

harassment, and mass casualty events), that prevent the illegal use of alcohol, tobacco, and drugs by students, and provide 

resources and training to foster a safe and drug-free learning 

environment to support student academic achievement; and 

‘‘(5) to enhance partnerships between schools, parents, and 

communities, and better support family and community engagement in education. 

‘‘SEC. 4202. RESERVATIONS AND ALLOTMENTS. 

‘‘(a) IN GENERAL.—From the amount made available under section 4210 to carry out this part for each fiscal year, the Secretary— 

‘‘(1) shall reserve 1 percent of such amount for grants to the 

outlying areas to be allotted in accordance with the Secretary’s 

determination of their respective needs and to carry out programs described in this part; and 

‘‘(2) shall reserve 1 percent of such amount for the Secretary 

of the Interior to carry out programs described in this part for 

Indian youth. 

‘‘(b) STATE ALLOTMENTS.—Except as provided in subsection (a), 

the Secretary shall, for each fiscal year, allot among the States— 

‘‘(1) one-half of the remainder not reserved under subsection 

(a) according to the ratio between the school-aged population 

of each State and the school-aged population of all the States; 

and 

‘‘(2) one-half of such remainder according to the ratio between the amount each State received under section 1124A for 

the preceding year and the sum of such amounts received by 

all the States. 

‘‘(c) MINIMUM.—For any fiscal year, no State shall be allotted 

under this subsection an amount that is less than one-half of 1 percent of the total amount allotted to all the States under this subsection. 

‘‘(d) REALLOTMENT OF UNUSED FUNDS.— 

‘‘(1) REALLOTMENT FOR FAILURE TO APPLY.—If any State does 

not apply for an allotment under this part for a fiscal year, the 

Secretary shall reallot the amount of the State’s allotment to 

the remaining States in accordance with this section. 

‘‘(2) REALLOTMENT OF UNUSED FUNDS.—The Secretary may 

reallot any amount of any allotment to a State if the Secretary 

determines that the State will be unable to use such amount 

within 2 years of such allotment. Such reallotments shall be 

made on the same basis as allotments are made under subsection (b). 

‘‘SEC. 4203. STATE APPLICATIONS. 

‘‘(a) APPLICATION.—To receive a grant under this part, a State 

educational agency shall submit to the Secretary an application at 

such time and in such manner as the Secretary may require, and 

containing the information described in subsection (b). 


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‘‘(b) CONTENTS.—Each application submitted under subsection (a) 

shall include the following: 

‘‘(1) An assurance that the State educational agency will review existing resources and programs across the State and coordinate any new plans and resources under this part with 

such existing programs and resources. 

‘‘(2) A description of how the State educational agency will 

identify and eliminate State barriers to the coordination and 

integration of programs, initiatives, and funding streams so 

that local educational agencies can provide comprehensive continuums of learning supports. 

‘‘(3) A description of the State educational agency’s comprehensive school safety plan, which shall address bullying and 

harassment, provide for evidence-based and promising practices related to juvenile delinquency and criminal street gang 

activity prevention and intervention, address school-sponsored, 

off-premises, overnight field trips, disaster preparedness, and 

crisis and emergency management; and any other issues determined necessary by the State educational agency (existing 

plans may be used to satisfy the requirements of this section 

if such existing plans include the information required by this 

section, or can be modified to do so, and are submitted to the 

Secretary with such modifications) which— 

‘‘(A) shall be submitted to the Secretary not later than 

1 year after the enactment of the Student Success Act; 

‘‘(B) shall be developed in consultation with public safety 

and community partners, including police, fire, emergency 

medical services, emergency management agencies, parents, and other such organizations; 

‘‘(C) shall be made available to the public in a manner 

that is understandable and accessible; and 

‘‘(D) the State educational agency shall require all local 

educational agencies to adopt the plan within 1 year of approval (existing plans may be used to satisfy the requirements of this section if such existing plans are approved 

by the State educational agency and include the information required by this section, or can be modified to do so). 

‘‘(4) A description of how grant funds will be used to identify 

best practices for professional development for sustainable 

comprehensive program development. 

‘‘(5) A description of how the State educational agency will 

monitor the implementation of activities under this part, and 

provide technical assistance to local eligible entities. 

‘‘(6) A description of how the State educational agency will 

ensure subgrants to eligible entities will facilitate school-community planning and effective service coordination, integration, 

and provision at the local level to achieve high performance 

standards based on the system developed in paragraph (7). 

‘‘(7) A description of how the State educational agency will 

develop a system for reporting and measuring eligible entity 

performance, and assist eligible entities in developing and implementing systems for measuring performance based on the 

indicators in section 4208(a)(3). 

‘‘(8) An assurance that the State educational agency will set 

up a process to allow local eligible entities who receive an 


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award under section 4206 and who operate a proven and effective program based on the measures of performance described 

in paragraph (7) to recompete in their last year of funding for 

an additional 5-year cycle. 

‘‘(9) A description of the steps the State educational agency 

will take to ensure that activities and programs carried out by 

local eligible entities will implement evidence based strategies. 

‘‘(10) A description of how the number of youth involved in 

juvenile delinquency and criminal justice systems will not increase as a results of activities funded under this grant. 

‘‘(c) APPROVAL PROCESS.— 

‘‘(1) DEEMED APPROVAL.—An application submitted by a 

State pursuant to this section shall undergo peer review by the 

Secretary and shall be deemed to be approved by the Secretary 

unless the Secretary makes a written determination, prior to 

the expiration of the 120-day period beginning on the date on 

which the Secretary received the application, that the application is not in compliance with this subpart. 

‘‘(2) DISAPPROVAL.—The Secretary shall not finally disapprove the application, except after giving the State educational agency and the chief executive officer of the State notice and an opportunity for a hearing. 

‘‘(3) NOTIFICATION.—If the Secretary finds that the application is not in compliance, in whole or in part, with this subpart, the Secretary shall— 

‘‘(A) give the State educational agency and the chief executive officer of the State notice and an opportunity for a 

hearing; and 

‘‘(B) notify the State educational agency and the chief executive officer of the State of the finding of noncompliance, 

and in such notification, shall— 

‘‘(i) cite the specific provisions in the application 

that are not in compliance; and 

‘‘(ii) request additional information, only as to the 

noncompliant provisions, needed to make the application compliant. 

‘‘(4) RESPONSE.—If the State educational agency and the 

chief executive officer of the State respond to the Secretary’s 

notification described in paragraph (3)(B) during the 45-day period beginning on the date on which the agency received the 

notification, and resubmit the application with the requested 

information described in paragraph (3)(B)(ii), the Secretary 

shall approve or disapprove such application prior to the later 

of— 

‘‘(A) the expiration of the 45-day period beginning on the 

date on which the application is resubmitted; or 

‘‘(B) the expiration of the 120-day period described in 

paragraph (1). 

‘‘(5) FAILURE TO RESPOND.—If the State educational agency 

and the chief executive officer of the State do not respond to 

the Secretary’s notification described in paragraph (3)(B) during the 45-day period beginning on the date on which the agency received the notification, such application shall be deemed 

to be disapproved. 


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‘‘(d) RULE OF CONSTRUCTION.—Nothing in this section shall be 

construed to prohibit local educational agencies or individual 

schools from incorporating additional elements to the State-developed comprehensive school safety plan to improve student and 

school safety reflective of the individual agency or school community. 

‘‘SEC. 4204. STATE USE OF FUNDS. 

‘‘(a) 95 PERCENT OF FUNDS.—Each State educational agency that 

receives a grant under this part shall reserve not less than 95 percent of the grant amount, for each fiscal year to award subgrants 

to local eligible entities in accordance with section 4206. 

‘‘(b) 5 PERCENT OF FUNDS.—A State educational agency shall use 

not more than 5 percent, of which not more than 1 percent may 

be used for administration of a grant received under this subpart 

or may subgrant a portion of such funds to educational service 

agencies, or other public entities with demonstrated expertise to 

carry out the following activities: 

‘‘(1) Identify and eliminate State barriers to the coordination 

and integration of programs, initiatives, and funding streams 

so that local educational agencies can provide comprehensive 

continuums of learning supports. 

‘‘(2) Assist local eligible entities who are prioritized in section 

4205(b) including those eligible entities that plan to serve rural 

and urban schools by— 

‘‘(A) informing those local eligible entities that they have 

a priority for competing for grants; 

‘‘(B) providing technical assistance to the local eligible 

entities for the development of the applications described 

in section 4206; 

‘‘(C) providing technical assistance to the local eligible 

entities if they do not receive a grant under section 4206 

so that they may recompete in following competitions; 

‘‘(3) Identify best practices for professional development and 

capacity building for local educational agencies for the delivery 

of a comprehensive system of learning supports for teachers, 

administrators, and specialized instructional support personnel 

in schools that are served by the eligible entity receiving funding under this part to implement the authorized activities described in section 4207. 

‘‘(4) Reporting and evaluation activities. 

‘‘SEC. 4205. GENERAL SUBGRANT REQUIREMENTS. 

‘‘(a) IN GENERAL.—A State educational agency shall use grant 

funds received under this part to award subgrants to eligible entities. 

‘‘(b) ABSOLUTE PRIORITY.—In awarding subgrants to local eligible 

entities, the State educational agency shall give priority to— 

‘‘(1) local eligible entities that propose to serve a high percentage or number of students that are eligible for free or reduced price lunch under the Richard B. Russell National 

School Lunch Act (42 U.S.C. 1751 et seq.); and 

‘‘(2) local eligible entities proposing to serve students who attend schools in need of support and high-priority schools; 


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‘‘(c) COMPETITIVE PRIORITY.—In awarding subgrants to local eligible entities, the State educational agency shall give competitive priority to— 

‘‘(1) in the case of local eligible entities that intend to implement programs described in section 4207(2)(A), local eligible 

entities that serve schools that implement, or have plans to implement disciplinary policies that are research based and focus 

on multi-tiered systems of support; and 

‘‘(2) in the case of eligible entities that intend to implement 

programs described in section 4207(2)(C), eligible entities proposing to serve geographic areas most in need of these services 

and that commit to working with local Promise Coordinating 

Councils. 

‘‘(d) DURATION OF SUBGRANT.—A State educational agency shall 

award under this part subgrants to eligible local entities for 5 

years. 

‘‘(e) RENEWAL.— ‘‘(1) IN GENERAL.—A State educational agency may renew a 

subgrant awarded under this part for a period of 5 years. 

‘‘(2) RENEWAL APPLICATION.—To renew a subgrant, an eligible entity shall submit an application to the Secretary every 5 

years as long as the eligible entity can demonstrate that they 

operate a proven and effective program based on performance 

on the indicators in section 4208(a)(3). 

‘‘SEC. 4206. LOCAL ELIGIBLE ENTITY APPLICATION. 

‘‘(a) IN GENERAL.—A local eligible entity that seeks a grant under 

this part shall submit an application to the State at such time, in 

such manner, and containing such information as the State may require, including the information described in subsection (b). 

‘‘(b) CONTENTS.—An application submitted under subsection (a) 

shall include the following: 

‘‘(1) The results of a comprehensive needs assessment (which 

shall include incident data, and teacher, parent, or community 

surveys) and assets assessment which shall include a comprehensive analysis of the following— 

‘‘(A) the safety of the schools served by the local eligible 

entity (which shall include a comprehensive analysis of incidents and prevalence of bullying and harassment at 

schools served by the local eligible entity); 

‘‘(B) the incidence and prevalence of drug, alcohol and 

substance abuse at schools served by the local eligible entity; 

‘‘(C) the needs of youth in the community with respect 

to evidence-based and promising practices related to juvenile delinquency and criminal street gang activity prevention and intervention, including an assessment of the number of youth who are involved or at-risk of involvement in 

juvenile delinquency and criminal street gang activity and 

the number of chronically truant youth; 

‘‘(D) the number of specialized instructional support personnel employed by schools served by the local eligible entity and the services provided by those personnel; 

‘‘(E) the prevalence of student health (including mental 

health, physical fitness, and nutrition) needs at schools 

served by the local eligible entity; 


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‘‘(F) existing programs and services intended to provide 

a comprehensive system of support within schools served 

by local eligible entities, including the support of school 

governance and leadership for the programs and services 

and evidence of past successful collaboration in the delivery of services; 

‘‘(G) resources available in the community, including 

public agencies, nonprofit organizations, and community 

businesses and employers that could be leveraged by 

schools served by the local eligible entity to create comprehensive systems of support or deliver pipeline services 

within the schools; 

‘‘(H) school discipline data including in-school suspensions, out-of-school suspensions, expulsion, school-based 

arrests, referrals to law enforcement, and referrals to alternative schools; and 

‘‘(I) additional needs identified by the local eligible entity. 

‘‘(2) A description of the methodology used in conducting the 

needs assessment described in paragraph (1); 

‘‘(3) any steps that the eligible entity is taking, at the time 

of the application, to address needs identified during the needs 

assessment described in paragraph (1) 

‘‘(4) A description of the plan to implement grant funds (taking into account the cultural and linguistic needs of the community) which shall include the following components: 

‘‘(A) A description of the services (taking into account 

the cultural and linguistic needs of the community) that 

will be provided by the local eligible entity which shall include prevention, intervention, and systematic efforts to 

address student learning needs or pipeline services as 

identified and prioritized by the needs assessment in paragraph (1). 

‘‘(B) A description of how existing resources, services, 

and programs will be coordinated and integrated with new 

resources, services, and programs to create a comprehensive system of learning supports or pipeline services that 

is aligned with school improvement plans required under 

section 1116, as applicable. 

‘‘(C) A description of the partners within the eligible entity and their roles as they relate to the implementation of 

the comprehensive system of learning supports or pipeline 

services that will be implemented to address the needs 

outlined in the needs and assets assessment described in 

subsection (b)(1). 

‘‘(D) A description of how the grant will be used to enhance administrator’s, teacher’s, and specialized instructional support personnel’s identification and response to 

student learning needs for providing learning supports 

through professional development, and how school capacity 

will be enhanced to handle problems facing students such 

as those identified in the needs assessment. 

‘‘(E) A description of how the eligible entity will identify 

the financial savings from deferred or eliminated costs, or 

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plemented by the eligible entities (in the case of an eligible 

entity who implements programs described in section 

4207(2)(C), a comparative analysis of potential savings 

from criminal justice costs, public assistance costs, and 

other costs avoided by such programs). 

‘‘(F) A description of how the local eligible entity will 

measure performance based on the indicators described in 

section 4208(a)(3). 

‘‘(G) A description of the process for periodically reviewing the needs of students and assets within the school and 

community, and involving more community partners as applicable, and how data on performance on the indicators 

described in section 4208(a)(3) will be used to provide feedback on progress, and institutionalize support mechanisms 

to maintain and continually improve activities including 

when grant funds end. 

‘‘(c) SPECIAL RULE.—A local eligible entity may use— 

‘‘(1) an existing needs assessment to satisfy the requirements 

of subsection (b)(1), if the assessment includes the information 

required by such subsection, or can be modified to do so; and 

‘‘(2) an existing plan to satisfy the requirements of subsection (b)(3), if the plan meets the requirements of such subsection and is approved by the State educational agency. 

‘‘SEC. 4207. LOCAL ELIGIBLE ENTITY USE OF FUNDS. 

‘‘A local eligible entity that receives a subgrant under this part 

shall use such funds to carry out the following activities: 

‘‘(1) Implement a comprehensive plan as described in section 

4206(b)(4). 

‘‘(2) Programs and activities that address the needs of the 

schools served by the eligible entity as identified by the needs 

and assets assessment in section 4206(b)(1), which may include— 

‘‘(A) violence prevention programs, including— 

‘‘(i) programs to provide safe passage to and from 

school; 

‘‘(ii) programs to prevent and appropriately respond 

to incidents of bullying and harassment (including professional development for teachers and other school 

personnel); 

‘‘(iii) programs that promote positive school environments for learning and reduce the need for suspensions, expulsions, referral to law enforcement, and 

other practices that remove students from instruction; 

‘‘(iv) conflict resolution and restorative practice and 

mediation programs; 

‘‘(v) activities that involve families, community sectors (which may include appropriately trained seniors) 

and a variety of providers in setting clear expectations 

against violence and appropriate consequences of violence; 

‘‘(vi) professional development and training for, and 

involvement of, school personnel, specialized instructional personnel, parents, and interested community 

members in prevention, education, early identification 


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and intervention, mentoring, or rehabilitation referral, 

as related to violence prevention; 

‘‘(vii) reporting criminal offenses committed on 

school property; 

‘‘(viii) emergency intervention services following 

traumatic crisis events, such as a shooting, a mass 

casualty event, or a major accident that has disrupted 

the learning environment; 

‘‘(ix) establishing and maintaining a school safety 

hotline; 

‘‘(x) programs to train school personnel to identify 

warning signs of youth suicide and to create an action 

plan to help youth at risk of suicide; or 

‘‘(xi) programs that respond to the needs of students 

who are faced with domestic violence or child abuse; 

‘‘(B) drug and alcohol abuse prevention programs, including— 

‘‘(i) age appropriate and developmentally based activities that— 

‘‘(I) address the consequences of violence and illegal use of drugs, as appropriate; 

‘‘(II) promote a sense of individual responsibility 

and teach students that most people do not illegally use drugs; 

‘‘(III) teach students to recognize social and peer 

pressure to use drugs illegally and the skills for 

resisting illegal drug use; and 

‘‘(IV) teach students about the dangers of 

emerging drugs; 

‘‘(ii) activities that involve families, community sectors (which may include appropriately trained seniors) 

and a variety of providers in setting clear expectations 

against illegal use of drugs and appropriate consequences for illegal use of drugs; 

‘‘(iii) dissemination of drug prevention information 

to schools and communities; 

‘‘(iv) professional development and training for, and 

involvement of, school personnel, specialized instructional support personnel, parents, and interested community members in prevention, education, early identification and intervention, mentoring, or rehabilitation referral, as related to drug prevention; or 

‘‘(v) community wide planning and organizing to reduce illegal drug use; 

‘‘(C) evidence-based and promising practices related to 

juvenile delinquency and criminal street gang activity prevention and intervention for youth who are involved in, or 

at risk of involvement in, juvenile delinquency or street 

gang activity (that shall involve multiple community partners within the local eligible entity through coordination 

with a local Promise Coordinating Council); 

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prehensive career counseling, with priority given to the 

highest need schools to be served by the eligible entity; 

‘‘(E) implementing multi-tiered systems of support including positive behavior supports; 

‘‘(F) support services to address the behavioral, emotional, physical health, mental health and social needs of 

students, including— 

‘‘(i) social and emotional learning programs; 

‘‘(ii) mentoring programs; 

‘‘(iii) physical fitness, health education, and nutrition education programs; 

‘‘(iv) trauma-informed practices; 

‘‘(v) programs to meet the unique needs of students 

with active-duty military and recently discharged veteran parents; and 

‘‘(vi) programs to purchase and train personnel to 

use automated external defibrillators and hemorrhage 

control kits; 

‘‘(G) services and programs to support education of pregnant and parenting teens; 

‘‘(H) programs that enable schools to prepare for, respond to, and recover from disasters, crises and emergencies that threaten safety or disrupt teaching and learning, including programs to purchase and train personnel to 

use automated external defibrillators and hemorrhage control kits; 

‘‘(I) other pipeline services; or 

‘‘(J) other services consistent with this section. 

‘‘SEC. 4208. ACCOUNTABILITY AND TRANSPARENCY. 

‘‘(a) LOCAL ACCOUNTABILITY AND TRANSPARENCY.—On an annual 

basis, each local eligible entity shall report to the public and the 

State such information as the State may reasonably require, including— 

‘‘(1) the number of students, aggregated and disaggregated 

by subgroup as described in section 1111(c)(3)(A) who were 

served by the programs and activities in this part; 

‘‘(2) the programs and services provided under this Act; 

‘‘(3) outcomes resulting from activities and services funded 

under this part, aggregated and disaggregated by subgroup as 

described in section 1111(c)(3)(A) on the following indicators— 

‘‘(A) student academic achievement as measured by 

State academic assessments and student growth over time 

as described in section 1111(b)(3); 

‘‘(B) for diploma granting schools, graduation rates; 

‘‘(C) student attendance; 

‘‘(D) suspensions and expulsions; 

‘‘(E) performance on a set of other indicators that shall 

be based on the activities and services implemented based 

on the results of the needs assessment described in section 

4206(b)(1) and may include— 

‘‘(i) the frequency, seriousness, and incidence of violence, including bullying and harassment, and drug related offenses resulting in suspensions and expulsions; 

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approval of drug use and violence by youth in schools 

and communities; 

‘‘(iii) the safety of both the school and passage to 

and from school, as measured by a school climate survey; 

‘‘(iv) as appropriate, rate of earned on-time promotion from grade to grade; 

‘‘(v) for diploma granting schools, the percentage of 

students taking a college preparatory curriculum, or 

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

‘‘(vi) academic and developmental transitions, including from elementary to middle school and middle 

school to high school; 

‘‘(vii) referrals to school resource personnel; 

‘‘(viii) evidence of increased parent and family engagement and support for children’s learning; 

‘‘(ix) evidence of increased student engagement in 

school, which may include completing of assignments 

and coming to class prepared and on-time; 

‘‘(x) student health, including mental health, the 

number and percentage of students who participate in 

at least 30 minutes of moderate to vigorous physical 

activity 5 days a week, and the amelioration of risk 

factors; 

‘‘(F) for early childhood education and kindergarten programs, the number and percentage of children who demonstrate, at the beginning of the program or school year, 

age-appropriate functioning across multiple domains of 

early learning as determined using developmentally appropriate early learning measures; and 

‘‘(G) other outcome areas as determined by the State 

educational agency. 

‘‘(b) STATE ACCOUNTABILITY AND TRANSPARENCY.—On an annual 

basis, each State educational agency that receives funds under this 

part shall annually prepare and submit to the Secretary a report 

that contains all reports submitted by local eligible entities under 

the jurisdiction of the agency provided under (a). 

‘‘(c) SUPPLEMENT, NOT SUPPLANT.—Grant funds provided under 

this part shall be used to supplement, and not supplant, other Federal, State, or local funds that would, in the absence of such grant 

funds, be made available for comprehensive systems of learning 

supports and students participating in programs under this part. 

‘‘(d) PUBLICATION AND AVAILABILITY OF REPORT.—The Secretary 

shall publish and make widely available to the public, including 

through a website or other means, a summary of the reports received under (b). 

‘‘SEC. 4209. DEFINITIONS. 

‘‘(a) For purposes of this part— 

‘‘(1) INCIDENT DATA.—The term ‘incident data’ means data 

from incident reports by school officials including, but not limited to, truancy rates; the frequency, seriousness, and incidence 

of violence and drug-related offenses resulting in suspensions 

and expulsions; the incidence of bullying and harassment, and 


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the incidence and prevalence of drug use and violence by students in schools. 

‘‘(2) COMPREHENSIVE SYSTEM OF LEARNING SUPPORTS.—The 

term ‘comprehensive system of learning supports’ means the 

multifaceted, and cohesive resources, strategies, and practices 

that provide class-room based or school-wide interventions to 

address the academic, behavioral, emotional, physical health, 

mental health, and social needs of students and families to improve student learning, teacher instruction and school management. 

‘‘(3) LOCAL ELIGIBLE ENTITY.—The term ‘local eligible entity’ 

means a consortium consisting of community representatives 

that— 

‘‘(A) shall include— 

‘‘(i) a local educational agency; 

‘‘(ii) not less than 1 other community partner organization; and 

‘‘(B) may include a broad array of community partners, 

including a community based organization, a child and 

youth serving organization, an institution of higher education, an Indian tribe or tribal organization (as defined in 

section 4 of the Indian Self-Determination and Education 

Assistance Act (25 U.S.C. 450b)), a foundation, a business, 

a local government, including a local governmental agency 

serving children and youth such as a child welfare and juvenile justice agency; students, and parents; and may include representatives from multiple jurisdictions. 

‘‘(4) MULTI-TIERED SYSTEM OF SUPPORT.—The term ‘multitiered system of support’ means a comprehensive system of differentiated supports that includes evidence-based instruction, 

universal screening, progress monitoring, formative assessments, research-based interventions matched to student needs 

and educational decisionmaking using student outcome data. 

‘‘(5) BULLYING.—The term ‘bullying’— 

‘‘(A) means conduct, including electronic communication, 

that adversely affects the ability of 1 or more students to 

participate in and benefit from the school’s educational 

programs or activities by placing the student (or students) 

in reasonable fear of physical harm; and 

‘‘(B) includes conduct that is based on— 

‘‘(i) a student’s actual or perceived— 

‘‘(I) race; 

‘‘(II) color; 

‘‘(III) national origin; 

‘‘(IV) sex; 

‘‘(V) disability 

‘‘(VI) sexual orientation; 

‘‘(VII) gender identity; 

‘‘(VIII) religion; 

‘‘(IX) immigration or migrant status; 

‘‘(X) proficiency in the English language; or 

‘‘(XI) state of homelessness; 

‘‘(ii) any other distinguishing characteristics that 

may be defined by a State or local educational agency; 

or 


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‘‘(iii) association with a person or group with 1 or 

more of the actual or perceived characteristics listed in 

clause (i) or (ii). 

‘‘(6) HARASSMENT.—The term ‘harassment’— 

‘‘(A) means conduct, including electronic communication, 

that adversely affects the ability of 1 or more students to 

participate in and benefit from the school’s educational 

programs or activities because the conduct, as reasonably 

perceived, is so severe, persistent, or persuasive; and 

‘‘(B) includes conduct that is based on— 

‘‘(i) a student’s actual or perceived— 

‘‘(I) race; 

‘‘(II) color; 

‘‘(III) national origin; 

‘‘(IV) sex; 

‘‘(V) disability 

‘‘(VI) sexual orientation; 

‘‘(VII) gender identity; or 

‘‘(VIII) religion; 

‘‘(ii) any other distinguishing characteristics that 

may be defined by a State or local educational agency; 

or 

‘‘(iii) association with a person or group with 1 or 

more of the actual or perceived characteristics listed in 

clause (i) or (ii). 

‘‘(7) JUVENILE DELINQUENCY AND CRIMINAL STREET GANG AC- TIVITY PREVENTION AND INTERVENTION.—The term ‘juvenile delinquency and criminal street gang activity prevention and 

intervention’ means the provision of programs and resources to 

children and families who have not yet had substantial contact 

with criminal justice or juvenile justice systems or to youth 

who are involved in, or who are identified by evidence-based 

risk assessment methods as being at high risk of continued involvement in, juvenile delinquency or criminal street gangs, 

that— 

‘‘(A) are designed to reduce potential juvenile delinquency and criminal street gang activity risks; and 

‘‘(B) are evidence-based or promising educational, health, 

mental health, school-based, community-based, faithbased, parenting, job training, social opportunities and experiences, or other programs, for youth and their families, 

that have been demonstrated to be effective in reducing juvenile delinquency and criminal street gang activity risks. 

‘‘(8) PROMISE COORDINATING COUNCILS.—The members of a 

PROMISE Coordinating Council shall be representatives of 

public and private sector entities and individuals that— 

‘‘(A) shall include, to the extent possible, at least one 

representative from each of the following: 

‘‘(i) the local chief executive’s office; 

‘‘(ii) a local educational agency; 

‘‘(iii) a local health agency or provider; 

‘‘(iv) a local mental health agency or provider, unless 

the representative under clause (iii)) also meets the requirements of this subparagraph; 

‘‘(v) a local public housing agency; 


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‘‘(vi) a local law enforcement agency; 

‘‘(vii) a local child welfare agency; 

‘‘(viii) a local juvenile court; 

‘‘(ix) a local juvenile prosecutor’s office; 

‘‘(x) a private juvenile residential care entity; 

‘‘(xi) a local juvenile public defender’s office; 

‘‘(xii) a State juvenile correctional entity; 

‘‘(xiii) a local business community representative; 

and 

‘‘(xiv) a local faith-based community representative; 

‘‘(B) shall include two representatives from each of the 

following: 

‘‘(i) parents who have minor children, and who have 

an interest in the local juvenile or criminal justice systems; 

‘‘(ii) youth between the ages of 15 and 24 who reside 

in the jurisdiction of the unit or Tribe; and 

‘‘(iii) members from nonprofit community-based organizations that provide effective delinquency prevention and intervention to youth in the jurisdiction of 

the eligible entity; and 

‘‘(C) may include other members, as appropriate. 

‘‘(9) SPECIALIZED INSTRUCTIONAL SUPPORT PERSONNEL.—The 

term ‘specialized instructional support personnel’ means school 

counselors, school social workers, school psychologists, school 

nurses, and other qualified professionals involved in providing 

assessment, diagnosis, counseling, educational, therapeutic, 

medical, and other necessary services (including related services, as such term is defined in section 602 of the Individuals 

with Disabilities in Education Act (20 U.S.C. 1401)) as part of 

a comprehensive program to meet student needs. 

‘‘(10) PIPELINE SERVICES.—The term ‘pipeline services’ means 

a continuum of supports and services for children from birth 

through college entry, college success, and career attainment, 

including, at a minimum, strategies to address through services or programs (including integrated student supports) the 

following: 

‘‘(A) Prenatal education and support for expectant parents. 

‘‘(B) High-quality early learning opportunities. 

‘‘(C) High-quality schools and out-of-school-time programs and strategies. 

‘‘(D) Support for a child’s transition to elementary 

school, including the administration of a comprehensive 

school readiness assessment. 

‘‘(E) Support for a child’s transition from elementary 

school to middle school, from middle school to high school, 

and from high school into and through college or into the 

workforce. 

‘‘(F) Family and community engagement. 

‘‘(G) Family and student supports. 

‘‘(H) Activities that support college and career readiness, 

including coordination between such activities, such as— 


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‘‘(i) assistance with college admissions, financial aid, 

and scholarship applications, especially for low-income 

and low-achieving students; and 

‘‘(ii) career preparation services and supports. 

‘‘(I) Neighborhood-based support for college-age students 

who have attended the schools in the pipeline, or students 

who are members of the community, facilitating their continued connection to the community and success in college 

and the workforce. 

‘‘SEC. 4210. AUTHORIZATION OF APPROPRIATIONS. 

‘‘There are authorized to be appropriated to carry out this part 

$350,000,000 for fiscal year 2016 and such sums as may be necessary for each succeeding fiscal year. 

‘‘PART C—FULL-SERVICE COMMUNITY SCHOOLS

‘‘SEC. 4301. SHORT TITLE. 

‘‘This part may be cited as the ‘Full-Service Community Schools 

Act of 2015’. 

‘‘SEC. 4302. PURPOSES. 

‘‘The purposes of this part are the following: 

‘‘(1) Improving student learning and development by providing supports for students that enable them to graduate 

college- and career-ready. 

‘‘(2) Providing support for the planning, implementation, and 

operation of full-service community schools. 

‘‘(3) Improving the coordination and integration, accessibility, 

and effectiveness of services for children and families, particularly for students attending high-poverty schools, including 

high-poverty rural schools. 

‘‘(4) Enabling educators and school personnel to complement 

and enrich efforts to improve academic achievement and other 

results. 

‘‘(5) Ensuring that children have the physical, social, and 

emotional well-being to come to school ready to engage in the 

learning process every day. 

‘‘(6) Promoting and enabling family and community engagement in the education of children. 

‘‘(7) Enabling more efficient use of Federal, State, local, and 

private sector resources that serve children and families. 

‘‘(8) Facilitating the coordination and integration of programs 

and services operated by community-based organizations, nonprofit organizations, and State, local, and tribal governments. 

‘‘(9) Engaging students as resources to their communities. 

‘‘(10) Engaging the business community and other community organizations as partners in the development and operation of full-service community schools. 

‘‘SEC. 4303. DEFINITION. 

‘‘In this part, the term ‘full-service community school’ means a 

public elementary or secondary school that— 

‘‘(1) participates in a community-based effort to coordinate 

and integrate educational, developmental, family, health, and 

other comprehensive services through community-based organizations and public and private partnerships; and 


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‘‘(2) provides access to such services to students, families, 

and the community, such as access during the school year (including before- and after-school hours and weekends), as well 

as during the summer. 

‘‘SEC. 4304. LOCAL PROGRAMS. 

‘‘(a) GRANTS.—The Secretary may award grants to eligible entities to assist public elementary or secondary schools to function as 

full-service community schools. 

‘‘(b) USE OF FUNDS.—Grants awarded under this section shall be 

used to— 

‘‘(1) coordinate not less than 3 existing qualified services and 

provide not less than 2 additional qualified services at 2 or 

more public elementary or secondary schools; 

‘‘(2) integrate multiple services into a comprehensive, coordinated continuum supported by research-based activities which 

achieve the performance goals established under subsection 

(c)(4)(E) to meet the holistic needs of young people; and 

‘‘(3) if applicable, coordinate and integrate services provided 

by community-based organizations and government agencies 

with services provided by specialized instructional support personnel. 

‘‘(c) APPLICATION.—To seek a grant under this section, an eligible 

entity shall submit an application to the Secretary at such time 

and in such manner as the Secretary may require. The Secretary 

shall require that each such application include the following: 

‘‘(1) A description of the eligible entity. 

‘‘(2) A memorandum of understanding among all partner entities that will assist the eligible entity to coordinate and provide qualified services and that describes the roles the partner 

entities will assume. 

‘‘(3) A description of the capacity of the eligible entity to coordinate and provide qualified services at 2 or more full-service 

community schools. 

‘‘(4) A comprehensive plan that includes descriptions of the 

following: 

‘‘(A) The student, family, and school community to be 

served, including information about demographic characteristics that include major racial and ethnic groups, median family income, percent of students eligible for freeand reduced-price lunch, and other information. 

‘‘(B) A needs assessment that identifies the academic, 

physical, social, emotional, health, mental health, and 

other needs of students, families, and community residents. 

‘‘(C) A community assets assessment which identifies existing resources which could be aligned. 

‘‘(D) The most appropriate metric to describe the plan’s 

reach within a community using either— 

‘‘(i) the number of families and students to be 

served, and the frequency of services; or 

‘‘(ii) the proportion of families and students to be 

served, and the frequency of services. 

‘‘(E) Yearly measurable performance goals, including an 

increase in the percentage of families and students tarVerDate Sep 11 2014 06:02 Feb 26, 2015 Jkt 093510 PO 00000 Frm 00176 Fmt 6659 Sfmt 6602 E:\HR\OC\HR029.XXX HR029

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geted for services each year of the program, which are consistent with the following objectives: 

‘‘(i) Children are ready for school. 

‘‘(ii) Students are engaged and achieving academically. 

‘‘(iii) Students are physically, mentally, socially, and 

emotionally healthy. 

‘‘(iv) Schools and neighborhoods are safe and provide 

a positive climate for learning that is free from bullying or harassment. 

‘‘(v) Families are supportive and engaged in their 

children’s education. 

‘‘(vi) Students and families are prepared for postsecondary education and 21st century careers. 

‘‘(vii) Students are contributing to their communities. 

‘‘(F) Performance measures to monitor progress toward 

attainment of the goals established under subparagraph 

(E), including a combination of the following, to the extent 

applicable: 

‘‘(i) Multiple objective measures of student achievement, including assessments, classroom grades, and 

other means of assessing student performance. 

‘‘(ii) Attendance (including absences related to illness and truancy) and chronic absenteeism rates. 

‘‘(iii) Disciplinary actions against students, including 

suspensions and expulsions. 

‘‘(iv) Access to health care and treatment of illnesses 

demonstrated to impact academic achievement. 

‘‘(v) Performance in making progress toward intervention services goals as established by specialized instructional support personnel. 

‘‘(vi) Participation rates by parents and family members in school-sanctioned activities and activities that 

occur as a result of community and school collaboration, as well as activities intended to support adult 

education and workforce development. 

‘‘(vii) Number and percentage of students and family 

members provided services under this part. 

‘‘(viii) Valid measures of postsecondary education 

and career readiness. 

‘‘(ix) Service-learning and community service participation rates. 

‘‘(x) student satisfaction surveys. 

‘‘(G) Qualified services, including existing and additional 

qualified services, to be coordinated and provided by the 

eligible entity and its partner entities, including an explanation of— 

‘‘(i) why such services have been selected; 

‘‘(ii) how such services will improve student academic achievement; and 

‘‘(iii) how such services will address performance 

goals established under subparagraph (E). 

‘‘(H) Plans to ensure that each site has full-time coordination of qualified services at each full-service community 


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school, including coordination with existing specialized instructional support personnel. 

‘‘(I) Planning, coordination, management, and oversight 

of qualified services at each school to be served, including 

the role of the school principal, partner entities, parents, 

and members of the community. 

‘‘(J) Funding sources for qualified services to be coordinated and provided at each school to be served, whether 

such funding is derived from a grant under this section or 

from other Federal, State, local, or private sources. 

‘‘(K) Plans for professional development for personnel 

managing, coordinating, or delivering qualified services at 

the schools to be served. 

‘‘(L) Plans for joint utilization and maintenance of school 

facilities by the eligible entity and its partner entities. 

‘‘(M) How the eligible entity and its partner entities will 

focus services on schools eligible for a schoolwide program 

under section 1114. 

‘‘(N) Plans for periodic evaluation based upon attainment 

of the performance measures described in subparagraph 

(F). 

‘‘(O) How the qualified services will meet the principles 

of effectiveness described in subsection (d). 

‘‘(5) A plan for sustaining the programs and services outlined 

in this part. 

‘‘(d) PRINCIPLES OF EFFECTIVENESS.—For a program developed 

pursuant to this section to meet principles of effectiveness, such 

program shall be based upon— 

‘‘(1) an assessment of objective data regarding the need for 

the establishment of a full-service community school and qualified services at each school to be served and in the community 

involved; 

‘‘(2) an established set of performance measures aimed at ensuring the availability and effectiveness of high-quality services; and 

‘‘(3) if appropriate, scientifically based research that provides 

evidence that the qualified services involved will help students 

meet State and local student academic achievement standards. 

‘‘(e) PRIORITY.—In awarding grants under this section, the Secretary shall give priority to eligible entities that— 

‘‘(1)(A) will serve a minimum of 2 or more full-service community schools eligible for a schoolwide program under section 

1114, as part of a community- or district-wide strategy; or 

‘‘(B) include a local educational agency that satisfies the requirements of— 

‘‘(i) subparagraph (A) or (B) of section 6211(b)(1); or 

‘‘(ii) subparagraphs (A) and (B) of section 6221(b)(1); and 

‘‘(2) will be connected to a consortium comprised of a broad 

representation of stakeholders, or a consortium demonstrating 

a history of effectiveness. 

‘‘(f) GRANT PERIOD.—Each grant awarded under this section shall 

be for a period of 5 years and may be renewed at the discretion of 

the Secretary based on the eligible entity’s demonstrated effectiveness in meeting the performance goals and measures established 

under subparagraphs (E) and (F) of subsection (c)(4). 


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‘‘(g) PLANNING.—The Secretary may authorize an eligible entity 

to use grant funds under this section for planning purposes in an 

amount not greater than 10 percent of the total grant amount. 

‘‘(h) MINIMUM AMOUNT.—The Secretary may not award a grant 

to an eligible entity under this section in an amount that is less 

than $75,000 for each year of the 5-year grant period. 

‘‘(i) DEFINITIONS.—In this section— 

‘‘(1) the term ‘additional qualified services’ means qualified 

services directly funded under this part; 

‘‘(2) the term ‘eligible entity’ means a consortium of 1 or 

more local educational agencies and 1 or more communitybased organizations, nonprofit organizations, or other public or 

private entities; 

‘‘(3) the term ‘existing qualified services’ means qualified 

services already being financed, as of the time of the application, by Federal, State, local or private sources, or volunteer 

activities being supported as of such time by civic, business, 

faith-based, social, and other similar organizations; and 

‘‘(4) the term ‘qualified services’ means any of the following: 

‘‘(A) Early childhood education. 

‘‘(B) Remedial education activities and enrichment activities, including expanded learning time. 

‘‘(C) Summer or after-school enrichment and learning experiences. 

‘‘(D) Programs under the Head Start Act, including 

Early Head Start programs. 

‘‘(E) Nurse home visitation services. 

‘‘(F) Teacher home visiting. 

‘‘(G) Programs that promote parental involvement and 

family literacy, including the Reading First and Early 

Reading First programs authorized under part B of title I. 

‘‘(H) Mentoring and other youth development programs, 

including peer mentoring and conflict mediation. 

‘‘(I) Parent leadership development activities. 

‘‘(J) Parenting education activities. 

‘‘(K) Child care services. 

‘‘(L) Community service and service-learning opportunities. 

‘‘(M) Developmentally appropriate physical education. 

‘‘(N) Programs that provide assistance to students who 

have been truant, suspended, or expelled. 

‘‘(O) Job training, internship opportunities, and career 

counseling services. 

‘‘(P) Nutrition services. 

‘‘(Q) Primary health and dental care. 

‘‘(R) Mental health counseling services. 

‘‘(S) Adult education, including instruction in English as 

a second language. 

‘‘(T) Juvenile crime prevention and rehabilitation programs. 

‘‘(U) Specialized instructional support services. 

‘‘(V) Homeless prevention services. 

‘‘(W) Other services consistent with this part. 


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‘‘SEC. 4305. STATE PROGRAMS. 

‘‘(a) GRANTS.—The Secretary may award grants to State 

collaboratives to support the development of full-service community 

school programs in accordance with this section. 

‘‘(b) USE OF FUNDS.—Grants awarded under this section shall be 

used only for the following: 

‘‘(1) Developing a State comprehensive results and indicators 

framework to implement full-service community schools, consistent with performance goals described in section 

4304(c)(4)(E). 

‘‘(2) Planning, coordinating, and expanding the development 

of full-service community schools in the State, particularly 

schools in high-poverty local educational agencies, including 

high-poverty rural local educational agencies. 

‘‘(3) Providing technical assistance and training for full-service community schools, including professional development for 

personnel and creation of data collection and evaluation systems. 

‘‘(4) Collecting, evaluating, and reporting data about the 

progress of full-service community schools. 

‘‘(5) Evaluating the impact of State and Federal policies and 

guidelines on the ability of eligible entities (as defined in section 4304(i)) to integrate Federal and State programs at fullservice community schools, and taking action to make necessary changes. 

‘‘(c) APPLICATION.—To seek a grant under this section, a State 

collaborative shall submit an application to the Secretary at such 

time and in such manner as the Secretary may require. The Secretary shall require that each such application include the following: 

‘‘(1) A memorandum of understanding among all governmental agencies and nonprofit organizations that will participate as members of the State collaborative. 

‘‘(2) A description of the expertise of each member of the 

State collaborative— 

‘‘(A) in coordinating Federal and State programs across 

multiple agencies; 

‘‘(B) in working with and developing the capacity of fullservice community schools; and 

‘‘(C) in working with high-poverty schools or rural 

schools and local educational agencies. 

‘‘(3) A comprehensive plan describing how the grant will be 

used to plan, coordinate, and expand the delivery of services at 

full-service community schools. 

‘‘(4) A comprehensive accountability plan that will be used to 

demonstrate effectiveness, including the measurable performance goals of the program and performance measures to monitor progress and assess services’ impact on students and families and academic achievement. 

‘‘(5) An explanation of how the State collaborative will work 

to ensure State policies and guidelines can support the development of full-service community schools, as well as provide 

technical assistance and training, including professional development, for full-service community schools. 


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‘‘(6) An explanation of how the State will collect and evaluate 

information on full-service community schools. 

‘‘(d) GRANT PERIOD.—Each grant awarded under this section 

shall be for a period of 5 years. 

‘‘(e) MINIMUM AMOUNT.—The Secretary may not award a grant 

to a State collaborative under this section in an amount that is less 

than $500,000 for each year of the 5-year grant period. 

‘‘(f) DEFINITIONS.—For purposes of this section— 

‘‘(1) the term ‘State’ includes the several States, the District 

of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, 

Guam, the United States Virgin Islands, and any other territory or possession of the United States; and 

‘‘(2) the term ‘State collaborative’ means a collaborative of a 

State educational agency and not less than 2 other governmental agencies or nonprofit organizations that provide services to children and families. 

‘‘SEC. 4306. ADVISORY COMMITTEE. 

‘‘(a) ESTABLISHMENT.—There is hereby established an advisory 

committee to be known as the ‘Full-Service Community Schools Advisory Committee’ (in this section referred to as the ‘Advisory Committee’). 

‘‘(b) DUTIES.—Subject to subsection (c), the Advisory Committee 

shall— 

‘‘(1) consult with the Secretary on the development and implementation of programs under this part; 

‘‘(2) identify strategies to improve the coordination of Federal 

programs in support of full-service community schools; and 

‘‘(3) issue an annual report to the Congress on efforts under 

this part, including a description of— 

‘‘(A) the results of local and national evaluations of such 

efforts; and 

‘‘(B) the scope of services being coordinated under this 

part. 

‘‘(c) CONSULTATION.—In carrying out its duties under this section, the Advisory Committee shall consult annually with eligible 

entities awarded grants under section 4304, State collaboratives 

awarded grants under section 4305, and other entities with expertise in operating full-service community schools. 

‘‘(d) MEMBERS.—The Advisory Committee shall consist of 5 members as follows: 

‘‘(1) The Secretary of Education (or the Secretary’s delegate). 

‘‘(2) The Attorney General of the United States (or the Attorney General’s delegate). 

‘‘(3) The Secretary of Agriculture (or the Secretary’s delegate). 

‘‘(4) The Secretary of Health and Human Services (or the 

Secretary’s delegate). 

‘‘(5) The Secretary of Labor (or the Secretary’s delegate). 

‘‘SEC. 4307. GENERAL PROVISIONS. 

‘‘(a) TECHNICAL ASSISTANCE.—The Secretary, directly or through 

grants, shall provide such technical assistance as may be appropriate to accomplish the purposes of this part. 


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‘‘(b) EVALUATIONS BY SECRETARY.—The Secretary shall conduct 

evaluations on the effectiveness of grants under sections 4304 and 

4305 in achieving the purposes of this part. 

‘‘(c) EVALUATIONS BY GRANTEES.—The Secretary shall require 

each recipient of a grant under this part— 

‘‘(1) to conduct periodic evaluations of the progress achieved 

with the grant toward achieving the purposes of this part; 

‘‘(2) to use such evaluations to refine and improve activities 

conducted with the grant and the performance measures for 

such activities; and 

‘‘(3) to make the results of such evaluations publicly available, including by providing public notice of such availability. 

‘‘(d) CONSTRUCTION CLAUSE.—Nothing in this part shall be construed to alter or otherwise affect the rights, remedies, and procedures afforded school or school district employees under Federal, 

State, or local laws (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. 

‘‘(e) SUPPLEMENT, NOT SUPPLANT.—Funds made available to a 

grantee under this part may be used only to supplement, and not 

supplant, any other Federal, State, or local funds that would otherwise be available to carry out the activities assisted under this 

part. 

‘‘(f) MATCHING FUNDS.— 

‘‘(1) IN GENERAL.—The Secretary shall require each recipient 

of a grant under this part to provide matching funds from nonFederal sources in an amount determined under paragraph (2). 

‘‘(2) DETERMINATION OF AMOUNT OF MATCH.— 

‘‘(A) SLIDING SCALE.—Subject to subparagraph (B), the 

Secretary shall determine the amount of matching funds to 

be required of a grantee under this subsection based on a 

sliding fee scale that takes into account— 

‘‘(i) the relative poverty of the population to be targeted by the grantee; and 

‘‘(ii) the ability of the grantee to obtain such matching funds. 

‘‘(B) MAXIMUM AMOUNT.—The Secretary may not require 

any grantee under this section to provide matching funds 

in an amount that exceeds the amount of the grant award. 

‘‘(3) IN-KIND CONTRIBUTIONS.—The Secretary shall permit 

grantees under this section to match funds in whole or in part 

with in-kind contributions. 

‘‘(4) CONSIDERATION.—Notwithstanding this subsection, the 

Secretary shall not consider an applicant’s ability to match 

funds when determining which applicants will receive grants 

under this part. 

‘‘(g) SPECIAL RULE.—Entities receiving funds under this part 

shall comply with all existing Federal statutes that prohibit discrimination. 

‘‘SEC. 4308. AUTHORIZATION OF APPROPRIATIONS. 

‘‘(a) IN GENERAL.—There are authorized to be appropriated to 

carry out this part such sums as may be necessary for each of fiscal 

years 2016 through 2020. 


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‘‘(b) ALLOCATION.—Of the amounts appropriated to carry out this 

part for each fiscal year— 

‘‘(1) 85 percent shall be for section 4304, and of the funds allocated for new grants under such section, at least 10 percent 

shall be made available for local educational agencies that satisfy the requirements of— 

‘‘(A) subparagraph (A) or (B) of section 6211(b)(1); or 

‘‘(B) subparagraphs (A) and (B) of section 6221(b)(1); 

‘‘(2) 10 percent shall be for section 4305; and 

‘‘(3) 5 percent shall be for subsections (a) and (b) of section 

4307, of which not less than $500,000 shall be for technical assistance under section 4307(a). 

‘‘PART D—GENERAL PROVISIONS

‘‘SEC. 4401. PROHIBITED USE OF FUNDS. 

‘‘No funds under this title may be used for— 

‘‘(1) the development, establishment, implementation, or enforcement of zero-tolerance school discipline policies unless otherwise required by Federal law; and 

‘‘(2) law enforcement agencies or local police departments 

serving a school or local educational agency— 

‘‘(A) with substantial documented excesses or racial disparities in the use of exclusionary discipline; 

‘‘(B) operating under an open school desegregation order, 

whether court ordered or voluntary; 

‘‘(C) operating under a pattern or practice consent decree 

for civil rights violations; or 

‘‘(D) already receiving substantial Federal funds for the 

placement of law enforcement in schools.’’. 

TITLE V—WELL-ROUNDED STUDENTS 

AND ENGAGED FAMILIES 

Subtitle A—Public Charter Schools 

SEC. 501. SUBPART HEADING; PURPOSE. 

(a) SUBPART HEADING.—The heading for subpart 1 of part B of 

title V (20 U.S.C. 7221 et seq.) is amended to read as follows: 

‘‘Charter School Program’’. 

(b) PURPOSE.—Section 5201 (20 U.S.C. 7221) is amended to read 

as follows: 

‘‘SEC. 5201. PURPOSE. 

‘‘It is the purpose of this subpart to— 

‘‘(1) improve the United States education system and education opportunities for all Americans by supporting innovation 

in public education in public school settings that prepare students to compete and contribute to the global economy; 

‘‘(2) provide financial assistance for the planning, program 

design, and initial implementation of charter schools; 

‘‘(3) expand the number of high-quality charter schools available to students across the Nation; 


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‘‘(4) evaluate the impact of such schools on student achievement, families, and communities, and share best practices between charter schools and other public schools; 

‘‘(5) encourage States to provide support to charter schools 

for facilities financing in an amount more nearly commensurate to the amount the States have typically provided for traditional public schools; 

‘‘(6) improve student services to increase opportunities for 

students with disabilities, English learners, and other traditionally underserved students to attend charter schools and 

meet challenging State academic achievement standards; 

‘‘(7) support efforts to strengthen the charter school authorizing process to improve performance management, including 

transparency, oversight, monitoring, and evaluation of such 

schools; and 

‘‘(8) support quality accountability and transparency in the 

operational performance of all authorized public chartering 

agencies, which include State educational agencies, local educational agencies, and other authorizing entities.’’. 

SEC. 502. PROGRAM AUTHORIZED. 

Section 5202 (20 U.S.C. 7221a) is amended to read as follows: 

‘‘SEC. 5202. PROGRAM AUTHORIZED. 

‘‘(a) IN GENERAL.—This subpart authorizes the Secretary to carry 

out a charter school program that supports charter schools that 

serve elementary school and secondary school students by— 

‘‘(1) supporting the startup of charter schools, and the replication and expansion of high-quality charter schools; 

‘‘(2) assisting charter schools in accessing credit to acquire 

and renovate facilities for school use; and 

‘‘(3) carrying out national activities to support— 

‘‘(A) charter school development; 

‘‘(B) the dissemination of best practices of charter 

schools for all schools; 

‘‘(C) the evaluation of the impact of the program on 

schools participating in the program; and 

‘‘(D) stronger charter school authorizing. 

‘‘(b) FUNDING ALLOTMENT.—From the amount made available 

under section 5211 for a fiscal year, the Secretary shall— 

‘‘(1) reserve 12.5 percent to support charter school facilities 

assistance under section 5204; 

‘‘(2) reserve not more than 10 percent to carry out national 

activities under section 5205; and 

‘‘(3) use the remaining amount after the Secretary reserves 

funds under paragraphs (1) and (2) to carry out section 5203. 

‘‘(c) PRIOR GRANTS AND SUBGRANTS.—The recipient of a grant or 

subgrant under this subpart or subpart 2, as such subpart was in 

effect on the day before the date of enactment of the Student Success Act, shall continue to receive funds in accordance with the 

terms and conditions of such grant or subgrant. 

‘‘(d) GAO REPORT.—Not later than 3 years after the date of enactment of the Student Success Act, the Comptroller General of the 

United States shall submit a report to the Secretary and Congress 

that— 


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‘‘(1) examines whether the funds authorized to be reserved 

by State entities for administrative costs under section 

5203(b)(1)(C) is appropriate; and 

‘‘(2) if determined not to be appropriate, makes recommendations on the appropriate reservation of funding for such administrative costs.’’. 

SEC. 503. GRANTS TO SUPPORT HIGH-QUALITY CHARTER SCHOOLS. 

Section 5203 (20 U.S.C. 7221b) is amended to read as follows: 

‘‘SEC. 5203. GRANTS TO SUPPORT HIGH-QUALITY CHARTER SCHOOLS. 

‘‘(a) IN GENERAL.—From the amount reserved under section 

5202(b)(3), the Secretary shall award grants to State entities having applications approved pursuant to subsection (f) to enable such 

entities to— 

‘‘(1) award subgrants to eligible applicants for opening and 

preparing to operate— 

‘‘(A) new charter schools; 

‘‘(B) replicated, high-quality charter school models; or 

‘‘(C) expanded, high-quality charter schools; and 

‘‘(2) provide technical assistance to eligible applicants and 

authorized public chartering agencies in carrying out the activities described in paragraph (1) and work with authorized 

public chartering agencies in the State to improve authorizing 

quality. 

‘‘(b) STATE USES OF FUNDS.— 

‘‘(1) IN GENERAL.—A State entity receiving a grant under this 

section shall— 

‘‘(A) use not less than 90 percent of the grant funds to 

award subgrants to eligible applicants, in accordance with 

the quality charter school program described in the State 

entity’s application approved pursuant to subsection (f), for 

the purposes described in subparagraphs (A) through (C) 

of subsection (a)(1); 

‘‘(B) reserve not less than 7 percent of such funds to 

carry out the activities described in subsection (a)(2); and 

‘‘(C) reserve not more than 3 percent of such funds for 

administrative costs which may include technical assistance. 

‘‘(2) CONTRACTS AND GRANTS.—A State entity may use a 

grant received under this section to carry out the activities described in subparagraphs (A) and (B) of paragraph (1) directly 

or through grants, contracts, or cooperative agreements. 

‘‘(3) RULE OF CONSTRUCTION.—Nothing in this Act shall prohibit the Secretary from awarding grants to States that use a 

weighted lottery to give slightly better chances for admission 

to all, or a subset of, educationally disadvantaged students if— 

‘‘(A) the use of weighted lotteries in favor of such students is not prohibited by State law, and such State law 

is consistent with laws described in section 5210(1)(G); and 

‘‘(B) such weighted lotteries are not used for the purpose 

of creating schools exclusively to serve a particular subset 

of students. 

‘‘(c) PROGRAM PERIODS; PEER REVIEW; GRANT NUMBER AND

AMOUNT; DIVERSITY OF PROJECTS; WAIVERS.— 

‘‘(1) PROGRAM PERIODS.— 


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‘‘(A) GRANTS.—A grant awarded by the Secretary to a 

State entity under this section shall be for a period of not 

more than 5 years. 

‘‘(B) SUBGRANTS.—A subgrant awarded by a State entity 

under this section shall be for a period of not more than 

5 years, of which an eligible applicant may use not more 

than 18 months for planning and program design. 

‘‘(2) PEER REVIEW.—The Secretary, and each State entity receiving a grant under this section, shall use a peer review process to review applications for assistance under this section. 

‘‘(3) GRANT AWARDS.—The Secretary shall— 

‘‘(A) for each fiscal year for which funds are appropriated 

under section 5211— 

‘‘(i) award not less than 3 grants under this section; 

‘‘(ii) wholly fund each grant awarded under this section, without making continuation awards; and 

‘‘(iii) fully obligate the funds appropriated for the 

purpose of awarding grants under this section in the 

fiscal year for which such grants are awarded; and 

‘‘(B) prior to the start of the final year of the grant period of each grant awarded under this section to a State 

entity, review whether the State entity is using the grant 

funds for the agreed upon uses of funds and whether the 

full amount of the grant will be needed for the remainder 

of the grant period and may, as determined necessary 

based on that review, terminate or reduce the amount of 

the grant and reallocate the remaining grant funds to 

other State entities during the succeeding grant competition under this section. 

‘‘(4) DIVERSITY OF PROJECTS.—Each State entity receiving a 

grant under this section shall award subgrants under this section in a manner that, to the extent possible, ensures that such 

subgrants— 

‘‘(A) are distributed throughout different areas, including 

urban, suburban, and rural areas; and 

‘‘(B) will assist charter schools representing a variety of 

educational approaches. 

‘‘(5) WAIVERS.—The Secretary may waive any statutory or 

regulatory requirement over which the Secretary exercises administrative authority except any such requirement relating to 

the elements of a charter school described in section 5210(1), 

if— 

‘‘(A) the waiver is requested in an approved application 

under this section; and 

‘‘(B) the Secretary determines that granting such a waiver will promote the purpose of this subpart. 

‘‘(d) LIMITATIONS.— 

‘‘(1) GRANTS.—The Secretary shall not award a grant to a 

State entity under this section in a case in which such award 

would result in more than 1 grant awarded under this section 

being carried out in a State at the same time. 

‘‘(2) SUBGRANTS.—An eligible applicant may not receive more 

than 1 subgrant under this section per individual charter 

school for a 5-year period, unless the eligible applicant demonstrates to the State entity not less than 3 years of improved 


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educational results in the areas described in subparagraphs (A) 

and (D) of section 5210(8) for students enrolled in such charter 

school. 

‘‘(e) APPLICATIONS.—A State entity desiring 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. The 

application shall include the following: 

‘‘(1) DESCRIPTION OF PROGRAM.—A description of the State 

entity’s objectives under this section and how the objectives of 

the program will be carried out, including a description— 

‘‘(A) of how the State entity— 

‘‘(i) will support the opening of new charter schools, 

replicated, high-quality charter school models, or expanded, high-quality charter schools, and a description 

of the proposed number of each type of charter school 

or model, if applicable, to be opened under the State 

entity’s program; 

‘‘(ii) will inform eligible charter schools, developers, 

and authorized public chartering agencies of the availability of funds under the program; 

‘‘(iii) will work with eligible applicants to ensure 

that the eligible applicants access all Federal funds 

that they are eligible to receive, and help the charter 

schools supported by the applicants and the students 

attending the charter schools— 

‘‘(I) participate in the Federal programs in 

which the schools and students are eligible to participate; 

‘‘(II) receive the commensurate share of Federal 

funds the schools and students are eligible to receive under such programs; and 

‘‘(III) meet the needs of students served under 

such programs, including student with disabilities 

and English learners; 

‘‘(iv) will have clear plans and procedures to assist 

students enrolled in a charter school that closes or 

loses its charter to attend other high-quality schools; 

‘‘(v) in the case in which the State entity is not a 

State educational agency— 

‘‘(I) will work with the State educational agency 

and the charter schools in the State to maximize 

charter school participation in Federal and State 

programs for charter schools; and 

‘‘(II) will work with the State educational agency to adequately operate the State entity’s program under this section, where applicable; 

‘‘(vi) will ensure each eligible applicant that receives 

a subgrant under the State entity’s program to open 

and prepare to operate a new charter school, a replicated, high-quality charter school model, or an expanded, high-quality charter school— 

‘‘(I) will ensure such school or model meets the 

requirements under section 5210(1); and 

‘‘(II) is prepared to continue to operate such 

school or model, in a manner consistent with the 


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eligible applicant’s application, after the subgrant 

funds have expired; 

‘‘(vii) will support charter schools in local educational agencies with large numbers of schools identified by the State for improvement, including supporting the use of charter schools to improve, or in 

turning around, struggling schools; 

‘‘(viii) will work with charter schools to promote inclusion of all students, including eliminating any barriers to enrollment for foster youth or unaccompanied 

homeless youth, and support all students once they 

are enrolled to promote retention including through 

the use of fair disciplinary practice; 

‘‘(ix) will work with charter schools on recruitment 

practices, including efforts to engage groups that may 

otherwise have limited opportunities to participate in 

charter schools, and to ensure such schools do not 

have in effect policies or procedures that may create 

barriers to enrollment of students, including educationally disadvantaged students, and are in compliance with all Federal and State laws on enrollment 

practices; 

‘‘(x) will share best and promising practices between 

charter schools and other public schools, including, 

where appropriate, instruction and professional development in core academic subjects, and science, technology, engineering, and math education, including 

computer science; 

‘‘(xi) will ensure the charter schools receiving funds 

under the State entity’s program meet the educational 

needs of their students, including students with disabilities and English learners; 

‘‘(xii) will support efforts to increase quality initiatives, including meeting the quality authorizing elements described in paragraph (2)(E); 

‘‘(xiii) in the case of a State entity not described in 

clause (xiv), will provide oversight of authorizing activity; 

‘‘(xiv) in the case of a State entity defined in subsection (i)(4), will work with the State to provide assistance to and oversight of authorized public chartering agencies for authorizing activity described in 

clause (xiii); and 

‘‘(xv) will work with eligible applicants receiving a 

subgrant under the State entity’s program to support 

the opening of charter schools or charter school models 

described in clause (i) that are secondary schools; 

‘‘(B) of the extent to which the State entity— 

‘‘(i) is able to meet and carry out the priorities listed 

in subsection (f)(2); and 

‘‘(ii) is working to develop or strengthen a cohesive 

statewide system to support the opening of new charter schools, replicated, high-quality charter school 

models, or expanded, high-quality charter schools; 


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‘‘(C) of how the State entity will carry out the subgrant 

competition, including— 

‘‘(i) a description of the application each eligible applicant desiring to receive a subgrant will submit, including— 

‘‘(I) a description of the roles and responsibilities of eligible applicants, partner organizations, 

and management organizations, including the administrative and contractual roles and responsibilities; 

‘‘(II) a description of the quality controls agreed 

to between the eligible applicant and the authorized public chartering agency involved, as described in section 1111(d)(1)(I); 

‘‘(III) a description of how the eligible applicant 

will solicit and consider input from parents and 

other members of the community on the implementation and operation of each charter school receiving funds under the State entity’s program; 

and 

‘‘(IV) a description of the planned activities and 

expenditures for the subgrant funds for purposes 

of opening and preparing to operate a new charter 

school, a replicated, high-quality charter school 

model, or an expanded, high-quality charter 

school, and how the school or model will maintain 

financial sustainability after the end of the 

subgrant period; and 

‘‘(ii) a description of how the State entity will review 

applications; 

‘‘(D) in the case of an entity that partners with an outside organization to carry out the State entity’s quality 

charter school program, in whole or in part, of the roles 

and responsibilities of this partner; 

‘‘(E) of how the State entity will help the charter schools 

receiving funds under the State entity’s program consider 

the transportation needs of the schools’ students; and 

‘‘(F) of how the State entity will support diverse charter 

school models, including models that serve rural communities. 

‘‘(2) ASSURANCES.—Assurances, including a description of 

how the assurances will be met, that— 

‘‘(A) each charter school receiving funds under the State 

entity’s program will have a high degree of autonomy over 

budget and operations; 

‘‘(B) the State entity will support charter schools in 

meeting the educational needs of their students as described in paragraph (1)(A)(xi); 

‘‘(C) the State entity will ensure that the authorized 

public chartering agency of any charter school that receives funds under the State entity’s program— 

‘‘(i) adequately monitors each charter school in recruiting, enrolling, and meeting the needs of all students, including students with disabilities and English 

learners; and 


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‘‘(ii) ensures that each charter school solicits and 

considers input from parents and other members of 

the community on the implementation and operation 

of the school; 

‘‘(D) the State entity will provide adequate technical assistance to eligible applicants to— 

‘‘(i) meet the objectives described in clauses (viii) 

and (ix) of paragraph (1)(A) and paragraph (2)(B); and 

‘‘(ii) recruit, enroll, and retain traditionally underserved students, including students with disabilities 

and English learners, at rates similar to traditional 

public schools; 

‘‘(E) the State entity will promote quality authorizing, 

such as through providing technical assistance and supporting all authorized public chartering agencies in the 

State to improve the oversight of their charter schools, including by— 

‘‘(i) assessing annual performance data of the 

schools, including, as appropriate, graduation rates, 

student academic growth, and rates of student attrition; 

‘‘(ii) reviewing the schools’ independent, annual audits of financial statements conducted in accordance 

with generally accepted accounting principles, and ensuring any such audits are publically reported; and 

‘‘(iii) holding charter schools accountable to the academic, financial, and operational quality controls 

agreed to between the charter school and the authorized public chartering agency involved, such as 

through renewal, non-renewal, or revocation of the 

school’s charter; 

‘‘(F) the State entity will work to ensure that charter 

schools are included with the traditional public schools in 

decision-making about the public school system in the 

State; and 

‘‘(G) The State entity will ensure that each charter 

school in the State makes publicly available, consistent 

with the dissemination requirements of the annual State 

report card, information to help parents make informed decisions about the education options available to their children, including information for each school on— 

‘‘(i) the educational program; 

‘‘(ii) student support services; 

‘‘(iii) annual performance and enrollment data, 

disaggregated by the groups of students described in 

section 1111(c)(3)(A); and 

‘‘(iv) any other information the State requires all 

other public schools to report for purposes of section 

1111(i)(1). 

‘‘(3) REQUESTS FOR WAIVERS.—A request and justification for 

waivers of any Federal statutory or regulatory provisions that 

the State entity believes are necessary for the successful operation of the charter schools that will receive funds under the 

State entity’s program under this section, and a description of 

any State or local rules, generally applicable to public schools, 


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that will be waived, or otherwise not apply to such schools or, 

in the case of a State entity defined in subsection (i)(4), a description of how the State entity will work with the State to 

request necessary waivers where applicable. 

‘‘(f) SELECTION CRITERIA; PRIORITY.— 

‘‘(1) SELECTION CRITERIA.—The Secretary shall award grants 

to State entities under this section on the basis of the quality 

of the applications submitted under subsection (e), after taking 

into consideration— 

‘‘(A) the degree of flexibility afforded by the State’s public charter school law and how the State entity will work 

to maximize the flexibility provided to charter schools 

under the law; 

‘‘(B) the ambitiousness of the State entity’s objectives for 

the quality charter school program carried out under this 

section; 

‘‘(C) the quality of the strategy for assessing achievement of those objectives; 

‘‘(D) the likelihood that the eligible applicants receiving 

subgrants under the program will meet those objectives 

and improve educational results for students; 

‘‘(E) the State entity’s plan to— 

‘‘(i) adequately monitor the eligible applicants receiving subgrants under the State entity’s program; 

‘‘(ii) work with the authorized public chartering 

agencies involved to avoid duplication of work for the 

charter schools and authorized public chartering agencies; and 

‘‘(iii) provide adequate technical assistance and support for— 

‘‘(I) the charter schools receiving funds under 

the State entity’s program; and 

‘‘(II) quality authorizing efforts in the State; and 

‘‘(F) the State entity’s plan to solicit and consider input 

from parents and other members of the community on the 

implementation and operation of the charter schools in the 

State. 

‘‘(2) PRIORITY.—In awarding grants under this section, the 

Secretary shall give priority to State entities to the extent that 

they meet the following criteria: 

‘‘(A) In the case of a State entity located in a State that 

allows an entity other than a local educational agency to 

be an authorized public chartering agency, the State has 

a quality authorized public chartering agency that is an 

entity other than a local educational agency. 

‘‘(B) The State entity is located in a State that ensures 

equitable financing, as compared to traditional public 

schools, for charter schools and students in a prompt manner. 

‘‘(C) The State entity is located in a State that uses charter schools and best practices from charter schools to help 

improve struggling schools and local educational agencies. 

‘‘(D) The State entity partners with an organization that 

has a demonstrated record of success in developing manVerDate Sep 11 2014 06:02 Feb 26, 2015 Jkt 093510 PO 00000 Frm 00191 Fmt 6659 Sfmt 6602 E:\HR\OC\HR029.XXX HR029

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agement organizations to support the development of charter schools in the State. 

‘‘(E) The State entity supports charter schools that support at-risk students through activities such as dropout 

prevention, dropout recovery, or comprehensive career 

counseling practices. 

‘‘(F) The State entity authorizes all charter schools in 

the State to serve as school food authorities. 

‘‘(G) The State entity has taken steps to ensure that all 

authorizing public chartering agencies implement quality 

standards as described in section 1111(d)(1)(I). 

‘‘(g) LOCAL USES OF FUNDS.—An eligible applicant receiving a 

subgrant under this section shall use such funds to carry out activities related to opening and preparing to operate a new charter 

school, a replicated, high-quality charter school model, or an expanded, high-quality charter school, such as— 

‘‘(1) preparing teachers and school leaders, including through 

professional development; 

‘‘(2) acquiring equipment, educational materials, and supplies; and 

‘‘(3) necessary renovations and minor facilities repairs (excluding construction). 

‘‘(h) REPORTING REQUIREMENTS.—Each State entity receiving a 

grant under this section shall submit to the Secretary, at the end 

of the third year of the 5-year grant period and at the end of such 

grant period, a report on— 

‘‘(1) the number of students served by each subgrant awarded under this section and, if applicable, how many new students were served during each year of the subgrant period; 

‘‘(2) the progress the State entity made toward meeting the 

priorities described in subsection (f)(2), as applicable; 

‘‘(3) how the State entity met the objectives of the quality 

charter school program described in the State entity’s application under subsection (e), including how the State entity met 

the objective of sharing best and promising practices described 

in subsection (e)(1)(A)(x) in areas such as instruction, professional development, curricula development, and operations between charter schools and other public schools, and the extent 

to which, if known, such practices were adopted and implemented by such other public schools; 

‘‘(4) how the State entity complied with, and ensured that eligible applicants complied with, the assurances described in 

the State entity’s application; 

‘‘(5) how the State entity worked with authorized public 

chartering agencies, including how the agencies worked with 

the management company or leadership of the schools that received subgrants under this section; 

‘‘(6) the number of subgrants awarded under this section to 

carry out each of the following: 

‘‘(A) The opening of new charter schools. 

‘‘(B) The opening of replicated, high-quality charter 

school models. 

‘‘(C) The opening of expanded, high-quality charter 

schools; and 


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‘‘(7) how the State entity has worked with charter schools receiving funds under the State entity’s program to foster community involvement in the planning for and opening of such 

schools. 

‘‘(i) STATE ENTITY DEFINED.—For purposes of this section, the 

term ‘State entity’ means— 

‘‘(1) a State educational agency; 

‘‘(2) a State charter school board; 

‘‘(3) a Governor of a State; or 

‘‘(4) a charter school support organization.’’. 

SEC. 504. FACILITIES FINANCING ASSISTANCE. 

Section 5204 (20 U.S.C. 7221c) is amended to read as follows: 

‘‘SEC. 5204. FACILITIES FINANCING ASSISTANCE. 

‘‘(a) GRANTS TO ELIGIBLE ENTITIES.— 

‘‘(1) IN GENERAL.—From the amount reserved under section 

5202(b)(1), the Secretary shall not use less than 50 percent to 

award grants to eligible entities that have the highest-quality 

applications approved under subsection (d), after considering 

the diversity of such applications, to demonstrate innovative 

methods of assisting charter schools to address the cost of acquiring, constructing, and renovating facilities by enhancing 

the availability of loans or bond financing. 

‘‘(2) ELIGIBLE ENTITY DEFINED.—For purposes of this section, 

the term ‘eligible entity’ means— 

‘‘(A) a public entity, such as a State or local governmental entity; 

‘‘(B) a private nonprofit entity; or 

‘‘(C) a consortium of entities described in subparagraphs 

(A) and (B). 

‘‘(b) GRANTEE SELECTION.—The Secretary shall evaluate each application submitted under subsection (d), and shall determine 

whether the application is sufficient to merit approval. 

‘‘(c) GRANT CHARACTERISTICS.—Grants under subsection (a) shall 

be of a sufficient size, scope, and quality so as to ensure an effective demonstration of an innovative means of enhancing credit for 

the financing of charter school acquisition, construction, or renovation. 

‘‘(d) APPLICATIONS.— 

‘‘(1) IN GENERAL.—To receive a grant under subsection (a), 

an eligible entity shall submit to the Secretary an application 

in such form as the Secretary may reasonably require. 

‘‘(2) CONTENTS.—An application submitted under paragraph 

(1) shall contain— 

‘‘(A) a statement identifying the activities proposed to be 

undertaken with funds received under subsection (a), including how the eligible entity will determine which charter schools will receive assistance, and how much and 

what types of assistance charter schools will receive; 

‘‘(B) a description of the involvement of charter schools 

in the application’s development and the design of the proposed activities; 

‘‘(C) a description of the eligible entity’s expertise in capital market financing; 


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‘‘(D) a description of how the proposed activities will leverage the maximum amount of private-sector financing 

capital relative to the amount of public funding used and 

otherwise enhance credit available to charter schools, including how the eligible entity will offer a combination of 

rates and terms more favorable than the rates and terms 

that a charter school could receive without assistance from 

the eligible entity under this section; 

‘‘(E) a description of how the eligible entity possesses 

sufficient expertise in education to evaluate the likelihood 

of success of a charter school program for which facilities 

financing is sought; and 

‘‘(F) in the case of an application submitted by a State 

governmental entity, a description of the actions that the 

entity has taken, or will take, to ensure that charter 

schools within the State receive the funding the charter 

schools need to have adequate facilities. 

‘‘(e) CHARTER SCHOOL OBJECTIVES.—An eligible entity receiving 

a grant under this section shall use the funds deposited in the reserve account established under subsection (f) to assist one or more 

charter schools to access private sector capital to accomplish one or 

more of the following objectives: 

‘‘(1) The acquisition (by purchase, lease, donation, or otherwise) of an interest (including an interest held by a third party 

for the benefit of a charter school) in improved or unimproved 

real property that is necessary to commence or continue the 

operation of a charter school. 

‘‘(2) The construction of new facilities, or the renovation, repair, or alteration of existing facilities, necessary to commence 

or continue the operation of a charter school. 

‘‘(3) The predevelopment costs required to assess sites for 

purposes of paragraph (1) or (2) and which are necessary to 

commence or continue the operation of a charter school. 

‘‘(f) RESERVE ACCOUNT.— 

‘‘(1) USE OF FUNDS.—To assist charter schools to accomplish 

the objectives described in subsection (e), an eligible entity receiving a grant under subsection (a) shall, in accordance with 

State and local law, directly or indirectly, alone or in collaboration with others, deposit the funds received under subsection 

(a) (other than funds used for administrative costs in accordance with subsection (g)) in a reserve account established and 

maintained by the eligible entity for this purpose. Amounts deposited in such account shall be used by the eligible entity for 

one or more of the following purposes: 

‘‘(A) Guaranteeing, insuring, and reinsuring bonds, 

notes, evidences of debt, loans, and interests therein, the 

proceeds of which are used for an objective described in 

subsection (e). 

‘‘(B) Guaranteeing and insuring leases of personal and 

real property for an objective described in subsection (e). 

‘‘(C) Facilitating financing by identifying potential lending sources, encouraging private lending, and other similar 

activities that directly promote lending to, or for the benefit of, charter schools. 


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‘‘(D) Facilitating the issuance of bonds by charter 

schools, or by other public entities for the benefit of charter schools, by providing technical, administrative, and 

other appropriate assistance (including the recruitment of 

bond counsel, underwriters, and potential investors and 

the consolidation of multiple charter school projects within 

a single bond issue). 

‘‘(2) INVESTMENT.—Funds received under this section and deposited in the reserve account established under paragraph (1) 

shall be invested in obligations issued or guaranteed by the 

United States or a State, or in other similarly low-risk securities. 

‘‘(3) REINVESTMENT OF EARNINGS.—Any earnings on funds received under subsection (a) shall be deposited in the reserve 

account established under paragraph (1) and used in accordance with such paragraph. 

‘‘(g) LIMITATION ON ADMINISTRATIVE COSTS.—An eligible entity 

may use not more than 2.5 percent of the funds received under 

subsection (a) for the administrative costs of carrying out its responsibilities under this section (excluding subsection (k)). 

‘‘(h) AUDITS AND REPORTS.— ‘‘(1) FINANCIAL RECORD MAINTENANCE AND AUDIT.—The financial records of each eligible entity receiving a grant under 

subsection (a) shall be maintained in accordance with generally 

accepted accounting principles and shall be subject to an annual audit by an independent public accountant. 

‘‘(2) REPORTS.— ‘‘(A) GRANTEE ANNUAL REPORTS.—Each eligible entity receiving a grant under subsection (a) annually shall submit 

to the Secretary a report of its operations and activities 

under this section. 

‘‘(B) CONTENTS.—Each annual report submitted under 

subparagraph (A) shall include— 

‘‘(i) a copy of the most recent financial statements, 

and any accompanying opinion on such statements, 

prepared by the independent public accountant reviewing the financial records of the eligible entity; 

‘‘(ii) a copy of any report made on an audit of the financial records of the eligible entity that was conducted under paragraph (1) during the reporting period; 

‘‘(iii) an evaluation by the eligible entity of the effectiveness of its use of the Federal funds provided under 

subsection (a) in leveraging private funds; 

‘‘(iv) a listing and description of the charter schools 

served during the reporting period, including the 

amount of funds used by each school, the type of 

project facilitated by the grant, and the type of assistance provided to the charter schools; 

‘‘(v) a description of the activities carried out by the 

eligible entity to assist charter schools in meeting the 

objectives set forth in subsection (e); and 

‘‘(vi) a description of the characteristics of lenders 

and other financial institutions participating in the activities undertaken by the eligible entity under this 


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section (excluding subsection (k)) during the reporting 

period. 

‘‘(C) SECRETARIAL REPORT.—The Secretary shall review 

the reports submitted under subparagraph (A) and shall 

provide a comprehensive annual report to Congress on the 

activities conducted under this section (excluding subsection (k)). 

‘‘(i) NO FULL FAITH AND CREDIT FOR GRANTEE OBLIGATION.—No 

financial obligation of an eligible entity entered into pursuant to 

this section (such as an obligation under a guarantee, bond, note, 

evidence of debt, or loan) shall be an obligation of, or guaranteed 

in any respect by, the United States. The full faith and credit of 

the United States is not pledged to the payment of funds which 

may be required to be paid under any obligation made by an eligible entity pursuant to any provision of this section. 

‘‘(j) RECOVERY OF FUNDS.— 

‘‘(1) IN GENERAL.—The Secretary, in accordance with chapter 

37 of title 31, United States Code, shall collect— 

‘‘(A) all of the funds in a reserve account established by 

an eligible entity under subsection (f)(1) if the Secretary 

determines, not earlier than 2 years after the date on 

which the eligible entity first received funds under this 

section (excluding subsection (k)), that the eligible entity 

has failed to make substantial progress in carrying out the 

purposes described in subsection (f)(1); or 

‘‘(B) all or a portion of the funds in a reserve account established by an eligible entity under subsection (f)(1) if the 

Secretary determines that the eligible entity has permanently ceased to use all or a portion of the funds in such 

account to accomplish any purpose described in subsection 

(f)(1). 

‘‘(2) EXERCISE OF AUTHORITY.—The Secretary shall not exercise the authority provided in paragraph (1) to collect from any 

eligible entity any funds that are being properly used to 

achieve one or more of the purposes described in subsection 

(f)(1). 

‘‘(3) PROCEDURES.—The provisions of sections 451, 452, and 

458 of the General Education Provisions Act (20 U.S.C. 124, 

1234a, 1234g) shall apply to the recovery of funds under paragraph (1). 

‘‘(4) CONSTRUCTION.—This subsection shall not be construed 

to impair or affect the authority of the Secretary to recover 

funds under part D of the General Education Provisions Act 

(20 U.S.C. 1234 et seq.). 

‘‘(k) PER-PUPIL FACILITIES AID PROGRAM.— 

‘‘(1) DEFINITION OF PER-PUPIL FACILITIES AID PROGRAM.—In 

this subsection, the term ‘per-pupil facilities aid program’ 

means a program in which a State makes payments, on a perpupil basis, to charter schools to provide the schools with financing— 

‘‘(A) that is dedicated solely for funding charter school 

facilities; or 

‘‘(B) a portion of which is dedicated for funding charter 

school facilities. 

‘‘(2) GRANTS.— 


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‘‘(A) IN GENERAL.—From the amount under section 

5202(b)(1) remaining after the Secretary makes grants 

under subsection (a), the Secretary shall make grants, on 

a competitive basis, to States to pay for the Federal share 

of the cost of establishing or enhancing, and administering 

per-pupil facilities aid programs. 

‘‘(B) PERIOD.—The Secretary shall award grants under 

this subsection for periods of not more than 5 years. 

‘‘(C) FEDERAL SHARE.—The Federal share of the cost described in subparagraph (A) for a per-pupil facilities aid 

program shall be not more than— 

‘‘(i) 90 percent of the cost, for the first fiscal year for 

which the program receives assistance under this subsection; 

‘‘(ii) 80 percent in the second such year; 

‘‘(iii) 60 percent in the third such year; 

‘‘(iv) 40 percent in the fourth such year; and 

‘‘(v) 20 percent in the fifth such year. 

‘‘(D) STATE SHARE.—A State receiving a grant under this 

subsection may partner with 1 or more organizations to 

provide up to 50 percent of the State share of the cost of 

establishing or enhancing, and administering the per-pupil 

facilities aid program. 

‘‘(E) MULTIPLE GRANTS.—A State may receive more than 

1 grant under this subsection, so long as the amount of 

such funds provided to charter schools increases with each 

successive grant. 

‘‘(3) USE OF FUNDS.— ‘‘(A) IN GENERAL.—A State that receives a grant under 

this subsection shall use the funds made available through 

the grant to establish or enhance, and administer, a perpupil facilities aid program for charter schools in the State 

of the applicant. 

‘‘(B) EVALUATIONS; TECHNICAL ASSISTANCE; DISSEMINATION.—From the amount made available to a State 

through a grant under this subsection for a fiscal year, the 

State may reserve not more than 5 percent to carry out 

evaluations, to provide technical assistance, and to disseminate information. 

‘‘(C) SUPPLEMENT, NOT SUPPLANT.—Funds made available under this subsection shall be used to supplement, 

and not supplant, State and local public funds expended to 

provide per pupil facilities aid programs, operations financing programs, or other programs, for charter schools. 

‘‘(4) REQUIREMENTS.— 

‘‘(A) VOLUNTARY PARTICIPATION.—No State may be required to participate in a program carried out under this 

subsection. 

‘‘(B) STATE LAW.— ‘‘(i) IN GENERAL.—Except as provided in clause (ii), 

to be eligible to receive a grant under this subsection, 

a State shall establish or enhance, and administer, a 

per-pupil facilities aid program for charter schools in 

the State, that— 

‘‘(I) is specified in State law; and 


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‘‘(II) provides annual financing, on a per-pupil 

basis, for charter school facilities. 

‘‘(ii) SPECIAL RULE.—Notwithstanding clause (i), a 

State that is required under State law to provide its 

charter schools with access to adequate facility space, 

but which does not have a per-pupil facilities aid program for charter schools specified in State law, may be 

eligible to receive a grant under this subsection if the 

State agrees to use the funds to develop a per-pupil facilities aid program consistent with the requirements 

of this subsection. 

‘‘(5) APPLICATIONS.—To be eligible to receive a grant under 

this subsection, a State shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.’’. 

SEC. 505. NATIONAL ACTIVITIES. 

Section 5205 (20 U.S.C. 7221d) is amended to read as follows: 

‘‘SEC. 5205. NATIONAL ACTIVITIES. 

‘‘(a) IN GENERAL.—From the amount reserved under section 

5202(b)(2), the Secretary shall— 

‘‘(1) use not less than 75 percent of such funds to award 

grants in accordance with subsection (b); and 

‘‘(2) use not more than 25 percent of such funds to— 

‘‘(A) provide technical assistance to State entities in 

awarding subgrants under section 5203, and eligible entities and States receiving grants under section 5204; 

‘‘(B) disseminate best practices; and 

‘‘(C) evaluate the impact of the charter school program, 

including the impact on student achievement, carried out 

under this subpart. 

‘‘(b) GRANTS.— 

‘‘(1) IN GENERAL.—The Secretary shall make grants, on a 

competitive basis, to eligible applicants for the purpose of carrying out the activities described in section 5202(a)(1), subparagraphs (A) through (C) of section 5203(a)(1), and section 

5203(g). 

‘‘(2) TERMS AND CONDITIONS.—Except as otherwise provided 

in this subsection, grants awarded under this subsection shall 

have the same terms and conditions as grants awarded to 

State entities under section 5203. 

‘‘(3) CHARTER MANAGEMENT ORGANIZATIONS.—The Secretary 

shall— 

‘‘(A) use not less than 75 percent of the funds described 

in subsection (a)(1) to make grants, on a competitive basis, 

to eligible applicants described in paragraph (4)(B) except 

that no eligible applicant, including any applicant acting 

as lead fiscal agent if applying in consortium for a grant 

under this paragraph, may operate more than one active 

grant at a time; and 

‘‘(B) notwithstanding paragraphs (1)(A) and (2) of section 

5203(f)— 

‘‘(i) award grants to eligible applicants on the basis 

of the quality of the applications submitted under this 

subsection; and 


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‘‘(ii) in awarding grants to eligible applicants described in paragraph (4)(B), take into consideration 

whether such an eligible applicant— 

‘‘(I) demonstrates a high proportion of highquality charter schools within the network of the 

eligible applicant; 

‘‘(II) demonstrates success in serving students 

who are educationally disadvantaged; 

‘‘(III) does not have a significant proportion of 

charter schools that have been closed, had their 

charter revoked for compliance issues, or had 

their affiliation with such eligible applicant revoked; 

‘‘(IV) has sufficient procedures in effect to ensure timely closure of low-performing or financially-mismanaged charter schools and clear plans 

and procedures in effect for the students in such 

schools to attend other high-quality schools; and 

‘‘(V) demonstrates success in working with 

schools identified for improvement by the State. 

‘‘(4) ELIGIBLE APPLICANT DEFINED.—For purposes of this subsection, the term ‘eligible applicant’ means an eligible applicant (as defined in section 5210) that— 

‘‘(A) desires to open a charter school in— 

‘‘(i) a State that did not apply for a grant under section 5203; or 

‘‘(ii) a State that did not receive a grant under section 5203; or 

‘‘(B) is a charter management organization. 

‘‘(c) CONTRACTS AND GRANTS.—The Secretary may carry out any 

of the activities described in this section directly or through grants, 

contracts, or cooperative agreements.’’. 

SEC. 506. RECORDS TRANSFER. 

Section 5208 (20 U.S.C. 7221g) is amended— 

(1) by inserting ‘‘as quickly as possible and’’ before ‘‘to the extent practicable’’; and 

(2) by striking ‘‘section 602’’ and inserting ‘‘section 602(14)’’. 

SEC. 507. DEFINITIONS. 

Section 5210 (20 U.S.C. 7221i) is amended— 

(1) by amending paragraph (1) to read as follows: 

‘‘(1) CHARTER SCHOOL.—The term ‘charter school’ means a 

public school that— 

‘‘(A) in accordance with a specific State statute authorizing the granting of charters to schools, is exempt from 

significant State or local rules that inhibit the flexible operation and management of public schools, but not from 

any rules relating to the other requirements of this paragraph; 

‘‘(B) is created by a developer as a public school, or is 

adapted by a developer from an existing public school, and 

is operated under public supervision and direction; 

‘‘(C) operates in pursuit of a specific set of educational 

objectives determined by the school’s developer and agreed 

to by the authorized public chartering agency; 


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‘‘(D) provides a program of elementary or secondary education, or both; 

‘‘(E) is nonsectarian in its programs, admissions policies, 

employment practices, and all other operations, and is not 

affiliated with a sectarian school or religious institution; 

‘‘(F) does not charge tuition; 

‘‘(G) complies with the Age Discrimination Act of 1975, 

title VI of the Civil Rights Act of 1964, title IX of the Education Amendments of 1972, section 504 of the Rehabilitation Act of 1973, part B of the Individuals with Disabilities 

Education Act, the Americans with Disabilities Act of 1990 

(42 U.S.C. 12101 et seq.), and section 444 of the General 

Education Provisions Act (20 U.S.C. 1232(g)) (commonly 

known as the ‘Family Education Rights and Privacy Act of 

1974’); 

‘‘(H) is a school to which parents choose to send their 

children, and admits students on the basis of a lottery if 

more students apply for admission than can be accommodated, except that in cases in which students who are enrolled in a charter school affiliated (such as by sharing a 

network) with another charter school, those students may 

be automatically enrolled in the next grade level at such 

other charter school, so long as a lottery is used to fill 

seats created through regular attrition in student enrollment; 

‘‘(I) agrees to comply with the same Federal and State 

audit requirements as do other elementary schools and 

secondary schools in the State, unless such State audit requirements are waived by the State; 

‘‘(J) meets all applicable Federal, State, and local health 

and safety requirements; 

‘‘(K) operates in accordance with State law; 

‘‘(L) has a written performance contract with the authorized public chartering agency in the State that includes a 

description of how student performance will be measured 

in charter schools pursuant to State assessments that are 

required of other schools and pursuant to any other assessments mutually agreeable to the authorized public chartering agency and the charter school; and 

‘‘(M) may serve prekindergarten or postsecondary students.’’; 

(2) by redesignating paragraphs (2) through (4) as paragraphs (4) through (6), respectively; 

(3) by inserting after paragraph (1), the following: 

‘‘(2) CHARTER MANAGEMENT ORGANIZATION.—The term ‘charter management organization’ means a not-for-profit organization that manages a network of charter schools linked by centralized support, operations, and oversight. 

‘‘(3) CHARTER SCHOOL SUPPORT ORGANIZATION.—The term 

‘charter school support organization’ means a nonprofit, nongovernmental entity that is not an authorized public chartering 

agency, which provides on a statewide basis— 

‘‘(A) assistance to developers during the planning, program design, and initial implementation of a charter 

school; and 


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‘‘(B) technical assistance to charter schools to operate 

such schools.’’; 

(4) in paragraph (5)(B), as so redesignated, by striking 

‘‘under section 5203(d)(3)’’; and 

(5) by adding at the end the following: 

‘‘(7) EXPANDED, HIGH-QUALITY CHARTER SCHOOL.—The term 

‘expanded, high-quality charter school’ means a high-quality 

charter school that has either significantly increased its enrollment or added one or more grades to its school. 

‘‘(8) HIGH-QUALITY CHARTER SCHOOL.—The term ‘high-quality 

charter school’ means a charter school that— 

‘‘(A) shows evidence of strong academic results, which 

may include strong academic growth as determined by a 

State; 

‘‘(B) has no significant issues in the areas of student 

safety, operational and financial management, or statutory 

or regulatory compliance; 

‘‘(C) has demonstrated success in significantly increasing 

student academic achievement, including graduation rates 

where applicable, consistent with the requirements under 

title I, for all students served by the charter school; and 

‘‘(D) has demonstrated success in increasing student academic achievement, including graduation rates where applicable, for the groups of students described in section 

1111(b)(2)(C)(v)(II), except that such demonstration is not 

required in a case in which the number of students in a 

group is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student. 

‘‘(9) REPLICATED, HIGH-QUALITY CHARTER SCHOOL MODEL.— 

The term ‘replicated, high-quality charter school model’ means 

a high-quality charter school that has opened a new campus 

under an existing charter or an additional charter if required 

or permitted by State law.’’. 

SEC. 508. AUTHORIZATION OF APPROPRIATIONS. 

Section 5211 (20 U.S.C. 7221j) is amended to read as follows: 

‘‘SEC. 5211. AUTHORIZATION OF APPROPRIATIONS. 

‘‘There are authorized to be appropriated to carry out this subpart $300,000,000 for fiscal year 2016 and each of the 5 succeeding 

fiscal years.’’. 

SEC. 509. CONFORMING AMENDMENTS. 

(a) REPEAL.—Subpart 2 of part B of title V (20 U.S.C. 7223 et 

seq.) is repealed. 

(b) TABLE OF CONTENTS.—The table of contents in section 2 is 

amended— 

(1) by striking the item relating to subpart 1 of part B of 

title V and inserting the following: 

‘‘Subpart 1—Charter School Program’’; 

(2) by striking the item relating to section 5203 and inserting 

the following: 

‘‘Sec. 5203. Grants to support high-quality charter schools.’’; 


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(3) by striking the item relating to section 5204 and inserting 

the following: 

‘‘Sec. 5204. Facilities financing assistance.’’; and 

(4) by striking the items relating to subpart 2 of part B of 

title V. 

Subtitle B—Magnet Schools 

SEC. 510. DURATION OF AWARD; ACCOUNTABILITY. 

Section 5309 (20 U.S.C. 7231h) is amended— 

(1) in the heading by inserting ‘‘; ACCOUNTABILITY’’; 

(2) in subsection (a), by striking ‘‘3’’ and inserting ‘‘5’’; and 

(3) by adding at the end the following: 

‘‘(e) ACCOUNTABILITY.—The Secretary may reduce grant funding 

awarded to a local educational agency, or a consortium of such 

agencies, under this part if the agency or consortium does not show 

progress in the elimination, reduction, or prevention of minority 

group isolation in its magnet school program over the first 3-year 

period during which the agency or consortium was awarded such 

grant.’’. 

SEC. 511. AUTHORIZATION OF APPROPRIATIONS; RESERVATION. 

Section 5311(a) (20 U.S.C. 7231j(a)) is amended by striking 

‘‘$125,000,000 for fiscal year 2002’’ and inserting ‘‘$300,000,000 for 

fiscal year 2016’’. 

Subtitle C—Fund for the Improvement of 

Education 

SEC. 512. FUND FOR THE IMPROVEMENT OF EDUCATION. 

(a) IN GENERAL.—Part D of title V (20 U.S.C. 7241 et seq.) is 

amended to read as follows: 

‘‘PART D—A WELL-ROUNDED EDUCATION

‘‘SUBPART 1—GRANTS TO SUPPORT STEM EDUCATION

‘‘SEC. 5401. PURPOSE. 

‘‘The purpose of this subpart is to improve student academic 

achievement in STEM subjects by— 

‘‘(1) improving instruction in such subjects from preschool 

through grade 12; 

‘‘(2) improving student engagement in, and increasing student access to, courses in such subjects; 

‘‘(3) improving the quality and effectiveness of classroom instruction by recruiting, training, and supporting effective 

teachers and providing robust tools and supports for students 

and teachers in such subjects; 

‘‘(4) implementing and integrating college and career ready 

standards, described in section 1111(b)(2), in STEM subjects 

and assessments aligned with those standards; 

‘‘(5) closing student achievement gaps, and preparing more 

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jects, particularly students who are traditionally underrepresented in STEM subject fields; and 

‘‘(6) Recognizing that STEM subjects are diverse and that 

STEM education programs must expose students to content 

and skills in a host of constantly changing and evolving content areas. 

‘‘SEC. 5402. GRANTS; ALLOTMENTS. 

‘‘(a) RESERVATIONS.— 

‘‘(1) IN GENERAL.—From the amounts appropriated under 

section 5410 for a fiscal year, the Secretary shall reserve— 

‘‘(A) $35,000,000 for a STEM Master Teachers Corps 

program under section 5405; 

‘‘(B) 3 percent to carry out activities described in section 

5405 and technical assistance to States, including technical assistance with implementation of programs consistent with the purpose of this subpart; and 

‘‘(C) if funds are not awarded by formula, as described 

in subsection (c)(1), 5 percent for State capacity-building 

grants in accordance with paragraph (2). 

‘‘(2) CAPACITY-BUILDING GRANTS.— 

‘‘(A) IN GENERAL.—In any year for which funding is distributed competitively, as described in subsection (b)(1), 

the Secretary may award 1 capacity-building grant to each 

eligible entity that does not receive a grant under subsection (b), on a competitive basis, to enable such States to 

become more competitive in future years. 

‘‘(B) DURATION.—Grants awarded under subparagraph 

(A) shall be for a period of 1 year. 

‘‘(b) COMPETITIVE GRANTS.— 

‘‘(1) IN GENERAL.—For each fiscal year for which the amount 

appropriated to carry out this subpart is less than 

$250,000,000, the Secretary shall award grants, on a competitive basis, to eligible entities to enable such eligible entities to 

carry out the activities described in this subpart. 

‘‘(2) DURATION.—Grants awarded under this subsection shall 

be for a period of not more than 3 years. 

‘‘(3) RENEWAL.— 

‘‘(A) IN GENERAL.—If an eligible entity demonstrates 

progress, as measured by the metrics reported in section 

5406(a)(5), the Secretary may renew a grant for an additional 2-year period. 

‘‘(B) REDUCED FUNDING.—Grant funds awarded under 

subparagraph (A) shall be awarded at a reduced amount. 

‘‘(c) FORMULA GRANTS.— 

‘‘(1) IN GENERAL.—For each fiscal year for which the amount 

appropriated to carry out this subpart is equal to or more than 

$250,000,000, the Secretary shall award grants to States, 

based on the formula described in paragraph (2). 

‘‘(2) DISTRIBUTION OF FUNDS.—The Secretary shall allot to 

each State— 

‘‘(A) an amount that bears the same relationship to 35 

percent of the excess amount as the number of individuals 

ages 5 through 17 in the State, as determined by the Secretary on the basis of the most recent satisfactory data, 


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bears to the number of those individuals in all such States, 

as so determined; and 

‘‘(B) an amount that bears the same relationship to 65 

percent of the excess amount as the number of individuals 

ages 5 through 17 from families with incomes below the 

poverty line, in the State, as determined by the Secretary 

on the basis of the most recent satisfactory data, bears to 

the number of those individuals in all such States, as so 

determined. 

‘‘(3) FUNDING MINIMUM.—No State receiving an allotment 

under this subsection may receive less than one-half of 1 percent of the total amount allotted under paragraph (1) for a fiscal year. 

‘‘(4) REALLOTMENT OF UNUSED FUNDS.—If a State does not 

successfully apply for or receive an allotment under this subsection for a fiscal year, the Secretary shall reallot the amount 

of the State’s allotment to the remaining States in accordance 

with this subsection. 

‘‘SEC. 5403. APPLICATIONS. 

‘‘(a) IN GENERAL.—Each eligible entity desiring a grant under 

this subpart, whether through a competitive grant under section 

5402(b) or through an allotment under section 5402(c), shall submit 

an application to the Secretary at such time, in such manner, and 

accompanied by such information as the Secretary may require. 

‘‘(b) CONTENTS.—At a minimum, an application submitted under 

subsection (a) shall include the following: 

‘‘(1) A description of how grant funds will be used by the eligible entity. 

‘‘(2) A description of how the eligible entity has involved a 

variety of stakeholders in the development of the application 

and a description of how the State or eligible entity will continue to involve stakeholders in any education reform efforts 

related to STEM subject instruction. 

‘‘(3) A description of the steps the eligible entity will take to 

ensure that programs implemented by the subgrantees use evidence-based strategies, ensure high-quality curricula, and provide high-quality professional development. 

‘‘(4) An assurance that the eligible entity, in making awards 

under section 5404(c), will give priority to subgrantees that— 

‘‘(A) propose to serve students in schools in need of support and persistently low achieving schools; or 

‘‘(B) propose to serve schools with a high percentage or 

number of students that are eligible for free or reduced 

price lunch under the Richard B. Russell National School 

Lunch Act (42 U.S.C. 1751 et seq.). 

‘‘(5) A description of how the eligible entity’s activities and 

subgrants will be coordinated with other Federal, State, and 

local programs and activities, including career and technical 

education programs authorized under the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et 

seq.). 

‘‘(6) A review of the industry and business workforce needs 

in the State in jobs that require knowledge or training in 

STEM subject areas and a description of how that review will 

inform efforts to improve education in STEM subjects. 


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‘‘(7) A description of how the eligible entity will allocate 

funds in a manner that will provide services to both elementary schools and secondary schools. 

‘‘(8) A description of the technical assistance that the eligible 

entity will provide to subgrantees to support the activities undertaken by the subgrantees, including— 

‘‘(A) activities to employ multi-tiered systems of support 

to provide early intervening services and to increase student achievement in STEM subjects; 

‘‘(B) activities to ensure increased access for students 

who are traditionally underrepresented in STEM subject 

fields (including female students, minority students, students who are limited English proficient, students who are 

children with disabilities, and students from low-income 

families) to high-quality courses and other learning experiences; 

‘‘(C) implementing evidence-based programs of instruction based on college and career ready standards and highquality assessments in the identified subjects; and 

‘‘(D) developing curricula consistent with the principles 

of universal design for learning as defined in section 103 

of the Higher Education Act of 1965. 

‘‘(9) A description of the key data metrics that will be used 

and reported annually under section 5406(a)(5), that shall include— 

‘‘(A) student academic achievement on mathematics and 

science State academic assessments and student growth; 

and 

‘‘(B) for diploma granting schools, graduation rates. 

‘‘(10) Assurances that the eligible entity will monitor implementation of approved subgrantee plans. 

‘‘SEC. 5404. AUTHORIZED ACTIVITIES. 

‘‘(a) REQUIRED ACTIVITIES.—Each eligible entity that receives a 

grant under this subpart shall use not more than 5 percent of the 

grant funds to carry out each of the following activities: 

‘‘(1) Providing technical assistance to subgrantees as described in section 5403(b)(7) and technical assistance to subgrantees that are prioritized in section 5404(d), including subgrantees that serve low-capacity rural and urban areas by— 

‘‘(A) informing those subgrantees that they have a priority for competing for grants under section 5404(b); and 

‘‘(B) providing subgrantees who do not receive a grant 

under section 5404(c) technical assistance so that they 

may re-compete in following competitions. 

‘‘(2) Identifying and supporting high-quality professional development and other comprehensive systems of support for 

teachers and school leaders to promote high-quality instruction 

and instructional leadership in the identified subjects, aligned 

to college and career ready standards where applicable. 

‘‘(3) Disseminating information, including making publicly 

available on the websites of the State educational agency, on 

promising practices to improve student achievement in STEM 

subject areas. 


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‘‘(b) PERMISSIBLE ACTIVITIES.—Each eligible entity that receives 

a grant under this subpart may use the grant funds to carry out 

1 or more of the following activities: 

‘‘(1) Recruiting qualified teachers and instructional leaders 

who are trained in identified subjects, including teachers who 

have transitioned into the teaching profession from a career in 

a STEM field. 

‘‘(2) Providing induction and mentoring services to new 

teachers in identified subjects. 

‘‘(3) Developing instructional supports, such as curricula and 

assessments, which shall be evidence-based and aligned with 

State academic standards and may include online education. 

‘‘(4) Training personnel of subgrantees to use data systems 

to continuously improve student achievement in STEM subjects and use the data to better target curriculum and instruction to meet the needs of each student. 

‘‘(c) SUBGRANTS.— 

‘‘(1) IN GENERAL.—Each eligible entity that receives a grant 

under this subpart shall award subgrants, on a competitive 

basis, to eligible subgrantees. 

‘‘(2) MINIMUM SUBGRANT.—An eligible entity shall award 

subgrants under this subsection that are of sufficient size and 

scope to support high-quality, evidence-based, effective programs that are consistent with the purpose of this subpart. 

‘‘(3) SUBGRANTEE APPLICATION.—Each subgrantee desiring a 

subgrant under this subsection shall submit an application to 

the eligible entity at such time, in such manner, and accompanied by such information as the eligible entity may require, 

including, at a minimum: 

‘‘(A) A description of the needs identified by the subgrantee, based on a needs assessment which shall include— 

‘‘(i) data for elementary school and secondary school 

grades, as applicable and to the extent that such data 

are available, on— 

‘‘(I) student achievement in science and mathematics, including such data collected in accordance with the State academic assessments; 

‘‘(II) science and mathematics teacher evaluation results or ratings; 

‘‘(III) student access to mathematics and science 

courses needed to enroll in credit-bearing 

coursework at institutions of higher education in 

the State; 

‘‘(IV) access to science and mathematics courses 

for student prekindergarten through grade 12 attending schools prioritized under section 5404(d); 

‘‘(V) the percentage of students successfully— 

‘‘(aa) completing Advanced Placement (AP) 

or International Baccalaureate (IB) courses in 

science and mathematics subjects; or 

‘‘(bb) completing rigorous postsecondary 

education courses in science and mathematics 

subjects; 


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‘‘(VI) rates of college remediation in mathematics; and 

‘‘(VII) teacher shortages and teacher distribution among the local educational agencies and 

schools served by the subgrantee in science and 

mathematics subjects; and 

‘‘(ii) an analysis of the implementation of any multitiered systems of support that have been employed by 

the local educational agency served by the subgrantee 

to address the learning needs of students in any 

STEM subjects. 

‘‘(B) A description of the activities that the subgrantee 

will carry out based on the findings of the needs assessment described in subparagraph (A), and how such activities will improve teaching and student academic achievement in the identified subjects, in a manner consistent 

with evidence-based research. 

‘‘(C) A description of how the subgrantee will use funds 

provided under this subsection to serve students and 

teachers in schools prioritized under section 5404(d). 

‘‘(D) A description of how funds provided under this subsection will be coordinated with other Federal, State, and 

local programs and activities, including career and technical education programs authorized under the Carl D. 

Perkins Career and Technical Education Act of 2006 (20 

U.S.C. 2301 et seq.). 

‘‘(E) If the subgrantee is working with outside partners, 

a description of how such outside partners will be involved 

in improving instruction and increasing access to highquality learning experiences in the identified subjects. 

‘‘(4) SUBGRANTEE USE OF FUNDS.— 

‘‘(A) REQUIRED USE OF FUNDS.—Each subgrantee that receives a subgrant under this subsection shall use the 

subgrant funds to carry out activities for students from 

preschool through grade 12, consistent with the analysis 

and the activities described in the subgrantee’s application, which shall include— 

‘‘(i) high-quality teacher and instructional leader recruitment, support, evaluation, and professional development in the identified subjects; 

‘‘(ii) professional development, which may include 

development and support for instructional coaches, to 

enable teachers and instructional leaders to increase 

student achievement in identified subjects, through— 

‘‘(I) implementation of classroom assessments; 

and 

‘‘(II) differentiation of instruction in identified 

subjects for all students, including for students 

with disabilities and students who are English 

learners; 

‘‘(iii) activities to— 

‘‘(I) improve the content knowledge of teachers; 

and 


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‘‘(II) facilitate professional collaboration, which 

may include providing time for such collaborations; 

‘‘(iv) training to principals and teachers in implementing STEM subject initiatives, particularly in the 

areas of— 

‘‘(I) utilizing data; 

‘‘(II) assessing the quality of STEM subject instruction; and 

‘‘(III) providing time and support for teachers to 

plan STEM subject instruction; 

‘‘(v) the development, adoption, and improvement of 

high-quality curricula, assessments, materials, and instructional supports that— 

‘‘(I) are aligned with State academic standards; 

and 

‘‘(II) the subgrantee will use to improve student 

academic achievement in identified subjects; and 

‘‘(vi) the development or improvement, and implementation, of multi-tiered systems of support to provide early intervening services and to increase student 

achievement in 1 or more of the identified subjects. 

‘‘(B) PERMISSIBLE USE OF FUNDS.—In addition to the required activities described in subparagraph (A), each subgrantee that receives a subgrant under this subsection, 

may also use the subgrant funds to— 

‘‘(i) support the participation of low-income students 

in nonprofit competitions and out-of-school activities 

related to STEM (such as robotics, science research, 

invention, mathematics, and technology competitions), 

including— 

‘‘(I) the purchase of parts and supplies needed to 

participate in such competitions; 

‘‘(II) incentives and stipends for teachers and instructional leaders who are involved in assisting 

students and preparing students for such competitions, if such activities fall outside the regular duties and responsibilities of such teachers and instructional leaders; and 

‘‘(III) paying expenses associated with the participation of low-income students in such local, regional, or national competitions; 

‘‘(ii) improve the laboratories of schools served by 

the subgrantee and provide instrumentation as part of 

a comprehensive program to enhance the quality of 

STEM instruction, including— 

‘‘(I) purchase, rental, or leasing of equipment, 

instrumentation, and other scientific educational 

materials; 

‘‘(II) maintenance, renovation, and improvement 

of laboratory facilities; 

‘‘(III) professional development and training for 

teachers; 

‘‘(IV) development of instructional programs designed to integrate the laboratory experience with 


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classroom instruction and to be consistent with 

college and career ready content standards in 

STEM subjects; 

‘‘(V) training in laboratory safety for school personnel; 

‘‘(VI) design and implementation of hands-on 

laboratory experiences to encourage the interest of 

students, especially students who are traditionally 

underrepresented in STEM subject fields (including female students, minority students, students 

who are limited English proficient, students who 

are children with disabilities, and students from 

low-income families) in STEM subjects and help 

prepare such students to pursue postsecondary 

studies in these fields; and 

‘‘(VII) assessment of the activities funded under 

this subparagraph; 

‘‘(iii) broaden secondary school students’ access to, 

and interest in, careers that require academic preparation in 1 or more identified subjects; 

‘‘(iv) integrate instruction in the identified subjects 

with instruction in reading, English language arts, or 

other core and noncore academic subjects; 

‘‘(v) develop and implement a STEAM curriculum, 

which means the integration of instruction in the identified subjects with instruction in the arts and design; 

or 

‘‘(vi) establish or access online or distance learning 

programs for STEM subject teachers using evidencebased curricula. 

‘‘(C) LIMITATION.—Each subgrantee that receives a 

subgrant under this subsection shall not expend more than 

15 percent of the subgrant funds on the activities described in subparagraph (B). 

‘‘(D) MATCHING FUNDS.— 

‘‘(i) IN GENERAL.—A State or eligible entity may require an eligible subgrantee receiving a subgrant 

under this subsection to demonstrate that such subgrantee has obtained a commitment from 1 or more 

outside partners to match, using non-Federal funds, a 

portion of the amount of subgrant funds, in an amount 

determined by the State or eligible entity. 

‘‘(ii) REQUIRED MINIMUM.—Notwithstanding clause 

(i), if an eligible subgrantee partners with an outside 

partner that is a for-profit entity, such subgrantee 

shall obtain matching funds from the outside partner 

in an amount equal to not less than 15 percent of the 

amount of the subgrant. 

‘‘(d) PRIORITY.—In awarding grants under this subpart, an eligible entity shall give priority to subgrantees proposing to target 

services to— 

‘‘(1) students in schools in need of support and high-priority 

schools; or 


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‘‘(2) schools with a high percentage of students that are eligible for free or reduced price lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.). 

‘‘SEC. 5405. NATIONAL COORDINATION. 

‘‘From the amount reserved under section 5402(a)(1)(B), the Secretary shall consult with the Director of the National Science Foundation and other Federal agencies conducting STEM education programs to enhance such programs and to improve coordination 

across agencies, such as— 

‘‘(1) clarifying the appropriate roles for the Department of 

Education and the National Science Foundation in the execution of summer workshops, institutes, or partnerships to improve STEM education in elementary and secondary schools; or 

‘‘(2) integrating afterschool, out-of-school, and informal education efforts conducted across Federal agencies into strategies 

for enhancing and improving STEM education. 

‘‘SEC. 5406. STEM MASTER TEACHER CORPS PROGRAM. 

‘‘(a) GRANTS AUTHORIZED.—From the funds reserved under section 5402(a)(1)(A), the Secretary shall award 1 or more grants, on 

a competitive basis, to entities described in subsection (b)(1) to enable such entities to establish and operate a one-time STEM master teacher corps program. 

‘‘(b) STEM MASTER TEACHER CORPS.—The term ‘STEM master 

teacher corps’ (referred to in this section as the ‘corps’) means a 

one-time program— 

‘‘(1) that establishes the viability of creating a long-term national-level master teacher corps as a means to recognize and 

reward accomplished STEM educators; 

‘‘(2) operated by 1 or more State educational agencies, or a 

consortium of local educational agencies, acting in partnership 

with 1 or more outside partners that have a demonstrated 

record of success in improving the effectiveness of STEM teachers or increasing the retention of such teachers; 

‘‘(3) that selects a group of highly rated teachers (through a 

process, and for a duration, determined by the entity described 

in paragraph (1)), as members of the corps, that constitutes not 

less than 5 percent and not more than 10 percent of elementary school, middle school, and high school teachers who teach 

STEM subjects and who— 

‘‘(A) teach in a participating high-need school in the region served by the entity described in paragraph (1); or 

‘‘(B) agree to teach in a participating high-need school in 

the region served by the entity described in paragraph (1) 

if accepted as a member of the corps; and 

‘‘(4) that aims to attract, improve, and retain teachers who 

teach STEM subjects and to increase student achievement in 

such subjects, including by— 

‘‘(A) providing instructional leadership responsibilities 

for corps members in their schools, local educational agencies, or States, such as mentoring beginning STEM teachers and leading professional development activities for 

teachers not participating in the corps; 

‘‘(B) providing corps members with research-based professional development on instructional leadership and efVerDate Sep 11 2014 06:02 Feb 26, 2015 Jkt 093510 PO 00000 Frm 00210 Fmt 6659 Sfmt 6602 E:\HR\OC\HR029.XXX HR029

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fective teaching methods for STEM subjects, including coordinating with out-of-school-time and afterschool programs to provide engaging STEM programs; 

‘‘(C) providing each teacher who is a corps member with 

a salary supplement of not less than $10,000 per year, in 

recognition of such teacher’s teaching accomplishments, 

leadership, and increased responsibilities, for each year 

such teacher serves as a member of the corps; and 

‘‘(D) building a community of practice among corps members to enable such members to network, collaborate, and 

to share best practices and resources with each other. 

‘‘(c) DURATION.—Grants awarded under this section shall be for 

a period of not more than 3 years, after which the program under 

this subsection shall end. 

‘‘(d) APPLICATION.—Each entity described in subsection (b)(1) desiring a grant under this section shall submit an application to the 

Secretary at such time, in such manner, and accompanied by such 

information as the Secretary may require. 

‘‘(e) MATCHING FUNDS.—The Secretary may require a grantee 

under this section to provide non-Federal matching funds in an 

amount equal to the amount of grant funds awarded under this 

section. 

‘‘SEC. 5407. REPORTING REQUIREMENTS. 

‘‘(a) ELIGIBLE ENTITY REPORTS.—Each State educational agency 

receiving an award under section 5403 shall report annually to the 

Secretary regarding the State educational agency’s progress in addressing the purposes of this subpart. Such report shall include, at 

a minimum, a description of— 

‘‘(1) the professional development activities provided under 

the award, including types of activities and entities involved in 

providing professional development to classroom teachers and 

other program staff; 

‘‘(2) the types of programs and, for children from preschool 

to kindergarten entry, program settings, funded under the 

award; 

‘‘(3) the ages and demographic information that is not individually identifiable of children served by the programs funded 

under the award; 

‘‘(4) student performance on data metrics identified under 

section 5403(b)(8) used for STEM initiatives; and 

‘‘(5) the outcomes of programs and activities provided under 

the award. 

‘‘(b) ELIGIBLE SUBGRANTEE REPORTS.—Each eligible entity receiving a subgrant under section 5404(c) shall report annually to the 

State educational agency regarding the eligible entity’s progress in 

addressing the purposes of this subpart. Such report shall include, 

at a minimum, a description of— 

‘‘(1) how the subgrant funds were used; and 

‘‘(2) student performance on relevant program metrics, as 

identified in the State education agency’s implementation plan 

under section 5403(b)(8). 


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‘‘SEC. 5408. SUPPLEMENT NOT SUPPLANT. 

‘‘Funds received under this subpart shall be used to supplement, 

and not supplant, funds that would otherwise be used for activities 

authorized under this subpart. 

‘‘SEC. 5409. MAINTENANCE OF EFFORT. 

‘‘A State that receives funds under this subpart for a fiscal year 

shall maintain the fiscal effort provided by the State for the subjects supported by the funds under this subpart at a level equal to 

or greater than the level of such fiscal effort for the preceding fiscal 

year. 

‘‘SEC. 5410. DEFINITIONS. 

‘‘In this subpart: 

‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible entity’ means a 

State educational agency in partnership with— 

‘‘(A) another State educational agency; 

‘‘(B) a consortium of State educational agencies; or 

‘‘(C) the State agencies that oversee childcare programs, 

state-funded prekindergarten, and part C of Individuals 

with Disabilities Education Act. 

‘‘(2) ELIGIBLE SUBGRANTEE.—The term ‘eligible subgrantee’ 

means— 

‘‘(A) a local educational agency; 

‘‘(B) 1 or more local educational agencies providing early 

learning programs, or 1 or more public or private early 

learning programs, serving children from preschool 

through kindergarten entry, such as a Head Start agency, 

a child care program, or a State-funded pre-kindergarten 

program, as appropriate; 

‘‘(C) an educational service agency serving more than 1 

local educational agency; 

‘‘(D) a national intermediary with demonstrated expertise in STEM; 

‘‘(E) a consortium of local educational agencies; or 

‘‘(F) any of the entities described in subparagraphs (A) 

through (D) working in partnership with an outside partner. 

‘‘(3) MULTI-TIERED SYSTEM OF SUPPORT.—The term ‘multitiered system of support’ means a comprehensive system of differentiated supports that includes evidence-based instruction, 

universal screening, progress monitoring, formative assessments, research-based interventions matched to student needs 

and educational decisionmaking using student outcome data. 

‘‘(4) OUTSIDE PARTNER.—The term ‘outside partner’ means an 

entity that has expertise and a demonstrated record of success 

in improving student learning and engagement in the STEM 

subjects, including any of the following: 

‘‘(A) A nonprofit or community-based organization, such 

as an Indian tribe. 

‘‘(B) A business. 

‘‘(C) A nonprofit cultural organization, such as a museum or learning center. 

‘‘(D) An institution of higher education. 

‘‘(E) An educational service agency. 

‘‘(F) Another appropriate entity. 


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‘‘(5) STEM SUBJECTS.—The term ‘STEM Subjects’ means the 

subjects of science, technology, engineering, and mathematics, 

including other academic subjects that build on or are integrated with these subjects, such as statistics, computer science, 

and environmental literacy, the arts and design, or other subjects a State identifies as important to the workforce of the 

State. 

‘‘SEC. 5411. AUTHORIZATION OF APPROPRIATIONS. 

‘‘There are authorized to be appropriated to carry out this subpart $500,000,000 for fiscal year 2016 and such sums as may be 

necessary for subsequent fiscal years. 

‘‘SUBPART 2—GRANTS TO SUPPORT COMPREHENSIVE LITERACY

EDUCATION

‘‘SEC. 5421. PURPOSES. 

‘‘The purposes of this subpart are— 

‘‘(1) to improve student literacy and academic achievement, 

including the ability to problem solve, communicate effectively, 

and acquire new knowledge and skills; 

‘‘(2) to assist State educational agencies and local educational agencies in the development, coordination, and implementation of comprehensive literacy plans that promote highquality evidence based instruction in alignment with State 

early learning and college- and career-ready standards from 

preschool through grade 12; 

‘‘(3) to identify and support students reading and writing significantly below grade level by providing evidence-based, intensive interventions to help the students acquire the language 

and literacy skills the students need to stay on track for graduation; 

‘‘(4) to support State educational agencies and local educational agencies in improving reading, writing, and literacybased academic achievement for children and students, especially children and students who are low-income, are English 

learners, are migratory, are children with disabilities, are Indian or Alaskan Native, are neglected or delinquent, are homeless, are in the custody of the child welfare system, or have 

dropped out of school; 

‘‘(5) to provide assistance to local educational agencies in 

order to provide educators with ongoing, job-embedded professional development and other support focusing on imparting 

and employing— 

‘‘(A) the characteristics of effective language and literacy 

instruction; 

‘‘(B) the special knowledge and skills necessary to teach 

and support literacy development effectively across the developmental span and age span; 

‘‘(C) the essential components of reading instruction; and 

‘‘(D) the essential components of writing instruction; 

‘‘(6) to evaluate whether the professional development activities and approaches are effective in building knowledge and 

skills of educators and their use of appropriate and effective 

practices. 


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‘‘(7) to support State educational agencies and local educational agencies in using age appropriate and developmentally 

appropriate instructional materials and strategies that assist 

teachers as the teachers work with students to develop reading 

and writing competencies appropriate to the students’ grade 

and skill levels; 

‘‘(8) to support efforts to link and align college and careerready standards and evidence-based teaching practices and instruction in early childhood education programs serving children from preschool through kindergarten entry; 

‘‘(9) strengthening coordination among schools, early literacy 

programs, family literacy programs, juvenile justice programs, 

public libraries, and outside-of-school programs that provide 

children and youth with strategies, curricula, interventions, 

and assessments designed to advance early and continuing language and literacy development in ways appropriate for each 

context; and 

‘‘(10) to engage the participation of parents in supporting 

their child’s communication and literacy development. 

‘‘SEC. 5422. PROGRAM AUTHORIZED. 

‘‘(a) IN GENERAL.—The Secretary is authorized— 

‘‘(1) to award State planning grants in accordance with section 5423; and 

‘‘(2) to award State implementation grants in accordance 

with section 5424 to enable the State educational agency to— 

‘‘(A) carry out the State activities described in section 

5425; 

‘‘(B) award subgrants to eligible entities in accordance 

with section 5426; and 

‘‘(C) award subgrants to eligible entities in accordance 

with section 5427. 

‘‘(b) AWARDS TO STATE EDUCATIONAL AGENCIES.— ‘‘(1) AMOUNTS LESS THAN $250,000,000.—If the amount appropriated under section 5430 for a fiscal year is less than 

$250,000,000, then the Secretary shall— 

‘‘(A) reserve not more than 5 percent to award planning 

grants, on a competitive basis, to State educational agencies, in accordance with section 5423; and 

‘‘(B) use the amount not reserved under subparagraphs 

(A) to make awards, on a competitive basis, to State educational agencies serving States that have applications approved under section 5424(b) to enable the State educational agencies to carry out sections 5424 and 5425. 

‘‘(2) AMOUNTS EQUAL TO OR EXCEEDING $250,000,000.— 

‘‘(A) IN GENERAL.—If the amount appropriated under 

section 5430 for a fiscal year equals or exceeds 

$250,000,000, then the Secretary shall— 

‘‘(i) reserve a total of 1 percent of such amount for— 

‘‘(I) allotments for the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, to be distributed among such outlying areas on the basis of 

their relative need, as determined by the Secretary in accordance with the purposes of this subpart; and 


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‘‘(II) the Secretary of the Interior for programs 

under sections 5423, 5424, 5425, 5426, and 5427 

in schools operated or funded by the Bureau of Indian Education; 

‘‘(ii) reserve not more than 5 percent to award planning grants, to State educational agencies serving 

States, in accordance with section 5423; 

‘‘(iii) reserve not more than 3 percent for national 

activities, such as evaluations, training, and technical 

assistance, to the Department of Education to support 

comprehensive literacy reform at the State level; and 

‘‘(iv) use the amount not reserved under clauses (i), 

and (ii) to make awards, from allotments under subparagraph (C), to State educational agencies serving 

States that have applications approved under section 

5424 and that are not receiving an allotment under 

clause (i)(I), to enable the State educational agencies 

to carry out sections 5424 and 5425. 

‘‘(B) SPECIAL RULES.— 

‘‘(i) PROPORTIONAL DIVISION.—In each fiscal year, 

the amount reserved under subparagraph (A)(i) shall 

be divided between the uses described in subclauses 

(I) and (II) of subparagraph (A)(i) in the same proportion as the amount reserved under section 1121(a) is 

divided between the uses described in paragraphs (1) 

and (2) of such section for such fiscal year. 

‘‘(ii) CONSULTATION.—A State educational agency 

that receives an allotment under this paragraph shall 

engage in timely and meaningful consultation with 

representatives of Indian tribes located in the State in 

order to improve the coordination and quality of activities designed to develop effective approaches to 

achieve the purposes of this subpart consistent with 

the cultural, language, and educational needs of Indian students. 

‘‘(C) STATE ALLOTMENT FORMULA.—The Secretary shall 

allot the amount made available under subparagraph 

(A)(iv) for a fiscal year among the States not receiving an 

allotment from the reservation under subparagraph 

(A)(i)(I) in proportion to the number of children, from preschool through age 17, who reside within the State and are 

from families with incomes below the poverty line for the 

most recent fiscal year for which satisfactory data are 

available, compared to the number of such children who 

reside in all such States for that fiscal year. 

‘‘(3) MINIMUM AWARD AMOUNT.—Notwithstanding paragraphs 

(1) and (2), no State educational agency receiving an award 

under this section for a fiscal year may receive less than onefourth of 1 percent of the total amount appropriated under section 5430 for the fiscal year, except as provided under paragraph (2)(A)(i). 

‘‘(c) PEER REVIEW.—The Secretary shall convene a peer review 

panel to evaluate the application for each grant awarded to a State 

educational agency under sections 5423 and 5424 and shall make 

a copy of the peer review comments available to the public. 


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‘‘(d) SUPPLEMENT NOT SUPPLANT.—Award funds provided under 

this subpart shall supplement, and not supplant, other Federal, 

State, or local funds that would, in the absence of such award 

funds, be made available for literacy instruction and support of 

children and students participating in programs assisted under this 

subpart. 

‘‘(e) MAINTENANCE OF EFFORT.—Each State educational agency 

that receives an award under sections 5423 and 5424, and each eligible entity that receives a subgrant under section 5426 or 5427, 

shall maintain for the fiscal year for which the grant or subgrant 

is received and for each subsequent fiscal year the expenditures of 

the State educational agency or eligible entity, respectively, for literacy instruction at a level not less than the level of such expenditures maintained by the State educational agency or eligible entity, 

respectively, for the fiscal year preceding such fiscal year for which 

the grant or subgrant is received. 

‘‘SEC. 5423. STATE PLANNING GRANTS. 

‘‘(a) PLANNING GRANTS AUTHORIZED.— 

‘‘(1) IN GENERAL.—From any amounts made available under 

paragraph (1)(A) or (2)(A)(ii) of section 5422(b), the Secretary 

may award planning grants to State educational agencies to 

enable the State educational agencies to develop or improve a 

comprehensive planning to carry out activities that improve literacy for children and students from preschool through grade 

12. 

‘‘(2) GRANT PERIOD.—A planning grant awarded under this 

section shall be for a period of not more than 1 year. 

‘‘(3) NONRENEWABILITY.—The Secretary shall not award a 

State educational agency more than 1 planning grant under 

this section. 

‘‘(4) LIMITATION.—A State educational agency may not receive a planning grant under this section at the same time it 

is receiving an implementation grant under section 5424. 

‘‘(b) APPLICATION.— 

‘‘(1) IN GENERAL.—Each State educational agency desiring a 

planning grant under this section shall submit an application 

to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. 

‘‘(2) EXISTING PLAN.—An existing federally funded State literacy plan can be used to meet the requirements of this subsection. 

‘‘(c) REQUIRED ACTIVITIES.—A State educational agency receiving 

planning grant funds under this section shall carry out each of the 

following activities: 

‘‘(1) Reviewing reading, writing, or other literacy resources 

and programs, such as school library programs, high-quality 

distance learning programs, and data across the State to identify any literacy needs and gaps in the State. 

‘‘(2) Forming or designating a State literacy leadership team 

which shall execute the following functions: 

‘‘(A) Creating a comprehensive State literacy plan that— 

‘‘(i) is designed to improve language, reading, writing, and academic achievement for children and students, especially those reading below grade level; 


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‘‘(ii) includes a needs assessment and an implementation plan, including an analysis of child and student 

literacy data to identify baseline and benchmark levels 

of literacy and early literacy skills in order to monitor 

progress and improvement, and a plan to improve literacy levels among all children and students; 

‘‘(iii) ensures high quality strategies and instruction 

in early literacy development (which includes communication, reading, and writing) in early childhood education programs serving children from preschool 

through kindergarten entry and in kindergarten 

through grade 12 programs; 

‘‘(iv) provides for activities designed to improve literacy achievement for students who— 

‘‘(I) read or write below grade level; 

‘‘(II) attend schools in need of support and highpriority schools; and 

‘‘(III) attend schools with a high percentage or 

number of students that are eligible for free or reduced price lunch under the Richard B. Russell 

National School Lunch Act (42 U.S.C. 1751 et 

seq.); and 

‘‘(v) is submitted to the Secretary. 

‘‘(B) Providing recommendations to guide the State educational agency in the State educational agency’s process 

of strengthening State literacy standards and embedding 

State literacy standards with the State’s college and career 

ready standards, academic achievement standards, and 

early learning standards. 

‘‘(C) Providing recommendations to guide the State educational agency in the State educational agency’s process 

of measuring, assessing, and monitoring progress in literacy at the school, local educational agency, and State 

levels. 

‘‘(D) Identifying criteria for high quality professional development providers, which providers may include qualified teachers within the State, for the State educational 

agency and local educational agencies. 

‘‘(E) Advising the State educational agency on how to 

help ensure that local educational agencies and schools 

provide timely and appropriate data to teachers to inform 

and improve instruction. 

‘‘(F) Providing recommendations to guide the State educational agency in the State educational agency’s planning 

process of building educators’ capacity to provide highquality literacy instruction. 

‘‘(3) REPORTING REQUIREMENT.—Not later than 1 year after 

a State educational agency receives a planning grant under 

this section, the State educational agency shall submit a report 

to the Secretary on the State educational agency’s performance 

of the activities described in this subsection. 

‘‘SEC. 5424. STATE IMPLEMENTATION GRANTS. 

‘‘(a) IMPLEMENTATION GRANTS AUTHORIZED.— 

‘‘(1) IN GENERAL.—From awards made available under paragraph (1)(B) or (2)(A)(iv) of section 5422(b), the Secretary shall, 


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on a competitive basis or through allotments, respectively, 

award implementation grants to State educational agencies to 

enable the State educational agencies— 

‘‘(A) to implement a comprehensive literacy plan that 

meets the criteria in section 5423(c)(2)(A) for programs 

serving children from preschool through kindergarten 

entry through grade 12 programs; 

‘‘(B) to carry out State activities under section 5425; and 

‘‘(C) to award subgrants under sections 5426 and 5427. 

‘‘(2) LIMITATION.—The Secretary shall not award a implementation grant under this section to a State for any year for 

which the State has received a planning grant under section 

5423. 

‘‘(3) DURATION OF GRANTS.—An implementation grant under 

this section shall be awarded for a period of not more than 5 

years. 

‘‘(4) RENEWALS.— 

‘‘(A) IN GENERAL.—Implementation grants under this 

section may be renewed. 

‘‘(B) CONDITIONS.—In order to be eligible to have an implementation grant renewed under this paragraph, the 

State educational agency shall demonstrate to the satisfaction of the Secretary that— 

‘‘(i) the State educational agency has complied with 

the terms of the grant, including using the funds to— 

‘‘(I) increase access to high-quality professional 

development; 

‘‘(II) use developmentally appropriate curricula 

and teaching materials; and 

‘‘(III) use developmentally appropriate classroom-based instructional assessments and developmentally appropriate screening and diagnostic 

assessments; and 

‘‘(ii) with respect to students in kindergarten 

through grade 12, during the period of the grant there 

has been significant progress in student achievement, 

as measured by the metrics described in section 

5424(b)(2)(C). 

‘‘(b) STATE APPLICATIONS.— ‘‘(1) IN GENERAL.—A State educational agency that desires to 

receive an implementation grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. The State educational agency shall collaborate with all 

State agencies responsible for administering early childhood 

education programs, and the State agency responsible for administering child care programs, in the State in writing and 

implementing the early learning portion of the grant application under this subsection. 

‘‘(2) CONTENTS.—An application described in paragraph (1) 

shall include the following: 

‘‘(A) A description of the members of the State literacy 

leadership team and a description of how the State educational agency has developed a comprehensive State literacy plan, as described in section 5423(c)(2)(A). 


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‘‘(B) An implementation plan that includes a description 

of how the State educational agency will— 

‘‘(i) carry out the State activities described in section 

5425; 

‘‘(ii) assist eligible entities with— 

‘‘(I) providing strategic and intensive literacy instruction based on scientifically valid research for 

students who are reading and writing below grade 

level, including through the use of multi-tiered 

systems of support, including addressing the literacy needs of children and youth with disabilities 

or developmental delays and English learners in 

early childhood education programs serving children from preschool through kindergarten entry 

and programs serving students from preschool 

through grade 12; 

‘‘(II) providing training to parents, as appropriate, so that the parents can participate in the 

literacy related activities described in sections 

5426 and 5427 to assist in the language and literacy development of their children; 

‘‘(III) selecting and using reading and writing 

assessments; 

‘‘(IV) providing classroom-based instruction that 

is supported by one-to-one and small group work; 

‘‘(V) using curricular materials and instructional 

tools, which may include technology, to improve 

instruction and literacy achievement; 

‘‘(VI) providing for high-quality professional development; and 

‘‘(VII) using the principles of universal design 

for learning, as described in section 5429(b)(21); 

‘‘(iii) ensure that local educational agencies in the 

State have leveraged and are effectively leveraging the 

resources needed to implement effective literacy instruction, and have the capacity to implement literacy 

initiatives effectively; 

‘‘(iv) continually coordinate and align the activities 

assisted under this section and sections 5426 and 5427 

with reading, writing, and other literacy resources and 

programs across the State and locally that serve children and students and their families and promote literacy instruction and learning, including strengthening partnerships among schools, libraries, local 

youth-serving agencies, and programs, in order to improve literacy for all children and youth; and 

‘‘(v) ensure that funds provided under this section 

are awarded in a manner that will provide services to 

all grade levels, including proportionally to middle 

schools and high schools. 

‘‘(C) A description of the key data metrics that will be 

used and reported annually under section 5427(b)(1)(E), 

that shall include— 


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‘‘(i) student academic achievement on the English 

language arts State academic assessments and student growth over time; 

‘‘(ii) for diploma granting schools, graduation rates; 

‘‘(D) An assurance that the State educational agency will 

use implementation grant funds under this section for literacy programs as follows: 

‘‘(i) Not less than 10 percent of such grant funds 

shall be used for State and local programs and activities pertaining to learners from preschool through kindergarten entry. 

‘‘(ii) Not less than 40 percent of such implementation grant funds shall be used for State and local programs and activities allocated equitably among the 

grades of kindergarten through grade 5. 

‘‘(iii) Not less than 40 percent of such implementation grant funds shall be used for State and local programs and activities, allocated equitably among grades 

6 through 12. 

‘‘(iv) Not more than 10 percent of such implementation grant funds shall be used for the State activities 

described in section 5425. 

‘‘(E) An assurance that the State educational agency 

shall give priority to awarding a subgrant to an eligible entity— 

‘‘(i) under section 5426 based on the number or percentage of children younger than the age of kindergarten entry and the number of students from kindergarten through 17 who are— 

‘‘(I) served by the eligible entity; and 

‘‘(II) from families with income below the poverty line, based on the most recent satisfactory 

data provided to the Secretary by the Bureau of 

the Census for determining eligibility under section 1124(c)(1)(A); and 

‘‘(ii) under section 5427, that proposes to serve— 

‘‘(I) a high number or percentage of students 

served by the eligible entity that are reading and 

writing below grade level according to State assessments; 

‘‘(II) students that attend schools in need of support and high-priority schools; and 

‘‘(III) students that attend schools with a high 

percentage or number of students that are eligible 

for free or reduced price lunch under the Richard 

B. Russell National School Lunch Act (42 U.S.C. 

1751 et seq.). 

‘‘(c) APPROVAL OF APPLICATIONS.— 

‘‘(1) IN GENERAL.—The Secretary, in consultation with the 

peer review panel established under paragraph (2), shall evaluate State educational agency applications under subsection (b) 

based on the responsiveness of the applications to the application requirements under such subsection. 

‘‘(2) PEER REVIEW.—The Secretary shall convene a peer review panel in accordance with section 5422(c) to evaluate apVerDate Sep 11 2014 06:02 Feb 26, 2015 Jkt 093510 PO 00000 Frm 00220 Fmt 6659 Sfmt 6602 E:\HR\OC\HR029.XXX HR029

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plications for each implementation grant awarded to a State 

educational agency under this section. 

‘‘(3) EARLY LEARNING.—In order for a State educational agency’s application under this section to be approved by the Secretary, the application shall contain an assurance that the 

State agencies responsible for administering early childhood 

education programs and services, including the State agency 

responsible for administering child care programs and the 

State Advisory Council on Early Childhood Education and 

Care established under section 642B(b) of the Head Start Act 

(42 U.S.C. 9837b(b)), approves of, and will be extensively consulted in the implementation of related activities and services 

consistent with section 5426 with respect to, the early learning 

portion of the application. 

‘‘SEC. 5425. STATE ACTIVITIES. 

‘‘(a) REQUIRED ACTIVITIES.—A State educational agency shall use 

funds made available under section 5422(a)(2)(A) and described in 

section 5424(b)(2)(D)(iv) to carry out the activities proposed in a 

State’s plan consistent with section 5424(b)(2), including the following activities: 

‘‘(1) Carrying out the assurances and activities provided in 

the State application under section 5424(b)(2). 

‘‘(2) In consultation with the State literacy leadership team, 

providing technical assistance or engaging qualified providers 

to provide technical assistance to eligible entities to enable the 

eligible entities to design and implement a literacy program 

under sections 5426 and 5427. 

‘‘(3) Providing technical assistance to eligible entities that 

are prioritized in section 5424(b)(2)(E), including eligible entities that serve low-capacity rural and urban areas by— 

‘‘(A) informing those eligible entities that they have a 

priority for competing for grants under section 5426 and 

5427; and 

‘‘(B) providing eligible entities who do not receive a grant 

under section 5426 and 5427 technical assistance so that 

they may re-compete in following competitions. 

‘‘(4) Continuing to consult with the State literacy leadership 

team and continuing to coordinate with institutions of higher 

education in the State— 

‘‘(A) in order to provide recommendations to strengthen 

and enhance preservice courses for students preparing, at 

institutions of higher education in the State, to teach children from preschool through grade 12 in explicit, systematic, and intensive instruction in evidence-based literacy 

methods; and 

‘‘(B) by following up reviews completed by the State literacy leadership team with recommendations to ensure 

that such institutions offer courses that meet the highest 

standards. 

‘‘(5) Reviewing and updating, in collaboration with teachers, 

statewide educational and professional organizations representing teachers, and statewide educational and professional 

organizations representing institutions of higher education, 

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eracy instruction in early childhood education through grade 

12. 

‘‘(6) Making publicly available, including on the State educational agency’s website, information on promising instructional practices to improve student literacy achievement. 

‘‘(b) PERMISSIVE ACTIVITIES.—After carrying out activities described in subsection (a), a State educational agency may use remaining funds made available under section 5422(a)(2)(A) and described in section 5424(b)(2)(D)(iv) to carry out 1 or more of the following activities: 

‘‘(1) Training the personnel of eligible entities to use data 

systems that track student literacy achievement. 

‘‘(2) Developing literacy coach training programs and training literacy coaches. 

‘‘(3) Building public support among local educational agency 

personnel, early childhood education programs, and the community for comprehensive literacy instruction for children and 

students from preschool through grade 12. 

‘‘SEC. 5426. SUBGRANTS TO ELIGIBLE ENTITIES IN SUPPORT OF PRESCHOOL THROUGH KINDERGARTEN ENTRY LITERACY. 

‘‘(a) SUBGRANTS.— ‘‘(1) IN GENERAL.—A State educational agency, in consultation with the State agencies responsible for administering 

early childhood education programs and services, including the 

State agency responsible for administering child care programs 

and the State Advisory Council on Early Childhood Education 

and Care established under section 642B(b) of the Head Start 

Act (42 U.S.C. 9837b(b)), shall use implementation grant funds 

provided under section 5422(a)(2)(B) to award subgrants, on a 

competitive basis, to eligible entities to enable the eligible entities to support high-quality early literacy initiatives for children from preschool through kindergarten entry. 

‘‘(2) DURATION.—The term of subgrant under this section 

shall be for 5 years. 

‘‘(b) SUFFICIENT SIZE AND SCOPE.—Each subgrant awarded under 

this section shall be of sufficient size and scope to allow the eligible 

entity to carry out high-quality early literacy initiatives for children from preschool through kindergarten entry. 

‘‘(c) LOCAL APPLICATIONS.—An eligible entity desiring to receive 

a subgrant under this section shall submit an application to the 

State educational agency, at such time, in such manner, and containing such information as the State educational agency may require. Such application shall include a description of— 

‘‘(1) how the subgrant funds will be used to enhance the language and literacy aspects of school readiness of children, from 

preschool through kindergarten entry, in early childhood education programs, including an analysis of the data used to 

identify how funds will be used to improve language and literacy; 

‘‘(2) the programs assisted under the subgrant, including demographic and socioeconomic information on the children enrolled in the programs; 

‘‘(3) a budget for the eligible entity that projects the cost of 

developing and implementing literacy initiatives to carry out 

the activities described in subsection (e); 


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‘‘(4) how, if the eligible entity is requesting a planning period, the eligible entity will use that planning period to prepare 

for successful implementation of a plan to support the development of learning and literacy consistent with the purposes of 

this subpart; 

‘‘(5) the literacy initiatives, if any, in place and how these 

initiatives will be coordinated and integrated with activities 

supported under this section; 

‘‘(6) how the subgrant funds will be used to prepare and provide ongoing assistance to staff in the programs, through highquality professional development; 

‘‘(7) how the subgrant funds will be used to provide services, 

incorporate activities, and select and use literacy instructional 

materials that meet the diverse developmental and linguistic 

needs of children, including English learners and children with 

disabilities and developmental delays, and that are based on 

scientifically valid research on child development and learning 

for children from preschool through kindergarten entry; 

‘‘(8) how the subgrant funds will be used to provide screening 

assessments, diagnostic assessments, classroom-based instructional assessments, and assessments of developmental 

progress; 

‘‘(9) how families and caregivers will be involved, as appropriate, in supporting their children’s literacy development, instruction, and assessment; 

‘‘(10) how the subgrant funds will be used to help children, 

particularly children experiencing difficulty with oral and written language, to make the transition from early childhood education to formal classroom instruction; 

‘‘(11) how the activities assisted under the subgrant will be 

coordinated with literacy instruction at the kindergarten 

through grade 5 level; 

‘‘(12) how the subgrant funds will be used— 

‘‘(A) to evaluate the success of the activities assisted 

under the subgrant in enhancing the early language and 

literacy development of children from preschool through 

kindergarten entry; and 

‘‘(B) to evaluate data for program improvement; and 

‘‘(13) such other information as the State educational agency 

may require. 

‘‘(d) APPROVAL OF LOCAL APPLICATIONS.—The State educational 

agency, in consultation with the State agencies responsible for administering early childhood education programs, including the 

State agency responsible for administering child care programs and 

the State Advisory Council on Early Childhood Education and Care 

established under section 642B(b) of the Head Start Act (42 U.S.C. 

9837b(b)), shall— 

‘‘(1) select applications for funding under this section based 

on the quality of the applications submitted, including the relationship between literacy activities proposed and the research 

base or data supporting such activities, as appropriate, and the 

recommendations of— 

‘‘(A) the State literacy leadership team; and 

‘‘(B) other experts in the area of early literacy; and 


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‘‘(2) place priority for funding programs based on the criteria 

in section 5424(b)(2)(E)(i). 

‘‘(e) LOCAL USES OF FUNDS.— ‘‘(1) IN GENERAL.—An eligible entity that receives a subgrant 

under this section shall use the subgrant funds consistent with 

the application proposed in subsection (c) to carry out the following activities: 

‘‘(A) Enhancing and improving early childhood education 

programs to ensure that children in such programs are 

provided with high-quality oral language and literatureand print-rich environments in which to develop early literacy skills. 

‘‘(B) Providing high-quality professional development. 

‘‘(C) Acquiring, providing training for, and implementing 

screening assessments, diagnostic assessments, and classroom-based instructional assessments. 

‘‘(D) Selecting, developing, and implementing a multitiered system of support. 

‘‘(E) Integrating evidence-based instructional materials, 

activities, tools, and measures into the programs offered by 

the eligible entity to improve development of early learning language and literacy skills. 

‘‘(F) Training providers and personnel to support, develop, and administer high-quality early learning literacy 

initiatives that— 

‘‘(i) utilize data— 

‘‘(I) to inform instructional design; and 

‘‘(II) to assess literacy needs; and 

‘‘(ii) provide time and support for personnel to meet 

to plan literacy instruction. 

‘‘(G) Providing for family literacy services, as appropriate, and partnering with families to support their 

child’s learning. 

‘‘(H) Annually collecting, summarizing, and reporting to 

the State educational agency data— 

‘‘(i) to document and monitor, for the purpose of improving or increasing early literacy and language 

skills development pursuant to activities carried out 

under this section; 

‘‘(ii) to stimulate and accelerate improvement by 

identifying the programs served by the eligible entity 

that produce significant gains in skills development; 

and 

‘‘(iii) for all subgroups of students and categories of 

students that— 

‘‘(I) utilizes a variety of data; and 

‘‘(II) is consistent across the State. 

‘‘(2) LIMITATION.—An eligible entity that receives a subgrant 

under this section shall not use more than 10 percent of the 

subgrant funds to purchase curricula and assessment materials. 

‘‘(f) PROHIBITION.—The use of assessment items and data on any 

assessment authorized under this section to provide rewards or 

sanctions for individual children, early childhood educators, teachers, program directors, or principals is prohibited. 


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‘‘SEC. 5427. CONSEQUENCES OF INSUFFICIENT PROGRESS, REPORTING REQUIREMENTS, AND CONFLICTS OF INTEREST. 

‘‘(a) CONSEQUENCES OF INSUFFICIENT PROGRESS.— 

‘‘(1) CONSEQUENCES FOR GRANT RECIPIENTS.—If the Secretary 

determines that a State educational agency receiving an award 

under section 5422(b) or an eligible entity receiving a subgrant 

under section 5426 or 5427 is not making significant progress 

in meeting the purposes of this subpart and the key metrics 

identified by the State educational agency under section 

5424(b)(2)(C) after the submission of a report described in subsection (b), then the Secretary may withhold, in whole or in 

part, further payments under this subpart in accordance with 

section 455 of the General Education Provisions Act (20 U.S.C. 

1234d) or take such other action authorized by law as the Secretary determines necessary, including providing technical assistance upon request of the State educational agency or eligible entity, respectively. 

‘‘(2) CONSEQUENCES FOR SUBGRANT RECIPIENTS.— 

‘‘(A) IN GENERAL.—A State educational agency receiving 

an award under section 5422(b) may refuse to award 

subgrant funds to an eligible entity under section 5426 or 

5427 if the State educational agency finds that the eligible 

entity is not making significant progress in meeting the 

purposes of this subpart, after— 

‘‘(i) affording the eligible entity notice, a period for 

correction, and an opportunity for a hearing; and 

‘‘(ii) providing technical assistance to the eligible entity. 

‘‘(B) FUNDS AVAILABLE.—Subgrant funds not awarded 

under subparagraph (A) shall be redirected to an eligible 

entity serving similar children and students in the same 

area or region as the eligible entity not awarded the 

subgrant funds, to the greatest extent practicable. 

‘‘(b) REPORTING REQUIREMENTS.— 

‘‘(1) STATE EDUCATIONAL AGENCY REPORTS.—Each State educational agency receiving an award under section 5422(b) shall 

report annually to the Secretary regarding the State educational agency’s progress in addressing the purposes of this 

subpart. Such report shall include, at a minimum, a description of— 

‘‘(A) the professional development activities provided 

under the award, including types of activities and entities 

involved in providing professional development to classroom teachers and other program staff, such as school librarians; 

‘‘(B) the instruction, strategies, activities, curricula, materials, and assessments used in the programs funded 

under the award; 

‘‘(C)(i) the types of programs and, for children from preschool to kindergarten entry, program settings, funded 

under the award; and 

‘‘(ii) the ages and demographic information that is not 

individually identifiable of children served by the programs funded under the award; 


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‘‘(D) the experience and qualifications of the program 

staff who provide literacy instruction under the programs 

funded under the award, including the experience and 

qualifications of those staff working with children with disabilities or developmental delays and with English learners and children from preschool to kindergarten entry; 

‘‘(E) key data metrics identified under section 

5424(b)(2)(C) used for literacy initiatives; 

‘‘(F) student performance on relevant program metrics, 

as identified in the State education agency’s implementation plan under section 5424(b)(2)(C); and 

‘‘(G) the outcomes of programs and activities provided 

under the award. 

‘‘(2) ELIGIBLE ENTITY REPORTS.—Each eligible entity receiving a subgrant under section 5426 or 5427 shall report annually to the State educational agency regarding the eligible entity’s progress in addressing the purposes of this subpart. Such 

report shall include, at a minimum, a description of— 

‘‘(A) how the subgrant funds were used; and 

‘‘(B) student performance on relevant program metrics, 

as identified in the State education agency’s implementation plan under section 5424(b)(2)(C). 

‘‘(c) CONFLICTS OF INTEREST.—The Secretary shall ensure that 

each member of the peer review panel described in section 5422(c) 

and each member of a State literacy leadership team participating 

in a program or activity assisted under this subpart does not stand 

to benefit financially from a grant or subgrant awarded under this 

subpart. 

‘‘SEC. 5428. DEFINITIONS. 

‘‘In this subpart: 

‘‘(1) CHARACTERISTICS OF EFFECTIVE LITERACY STRATEGIES

AND INSTRUCTION.—The term ‘characteristics of effective literacy strategies and instruction’ means— 

‘‘(A) for children from preschool through kindergarten 

entry— 

‘‘(i) providing high quality professional development 

opportunities for early childhood educators, teachers, 

and school leaders in— 

‘‘(I) literacy development; 

‘‘(II) language development; 

‘‘(III) English language acquisition (as appropriate); and 

‘‘(IV) effective language and literacy instruction 

and teaching strategies aligned to State standards; 

‘‘(ii) reading aloud to children, engaging children in 

shared reading experiences, discussing reading with 

children, and modeling age and developmentally appropriate reading strategies; 

‘‘(iii) encouraging children’s early attempts at communication, reading, writing, and drawing, and talking about the meaning of the reading, writing, and 

drawing with others; 

‘‘(iv) creating conversation rich classrooms and using 

oral modeling techniques to build oral language skills; 


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‘‘(v) multiplying opportunities for children to use 

language with peers and adults; 

‘‘(vi) providing strategic and explicit instruction in 

the identification of speech sounds, letters, and lettersound correspondence; 

‘‘(vii) integrating oral and written language; 

‘‘(viii) stimulating vocabulary development; 

‘‘(ix) using differentiated instructional approaches or 

teaching strategies, including— 

‘‘(I) individual and small group instruction or 

interactions; and 

‘‘(II) professional development, curriculum development, and classroom instruction; 

‘‘(x) applying the principles of universal design for 

learning, as described in section 5429(b)(21); 

‘‘(xi) using age-appropriate screening assessments, 

diagnostic assessments, formative assessments, and 

summative assessments to identify individual learning 

needs, to inform instruction, and to monitor— 

‘‘(I) student progress and the effects of instruction over time; and 

‘‘(II) for children between the ages of preschool 

and kindergarten entry, progress and development 

within established norms; 

‘‘(xii) coordinating the involvement of families, early 

childhood education program staff, principals, other 

school leaders, and teachers in the reading and writing achievement of children served under this subpart; 

‘‘(xiii) using a variety of age and developmentally 

appropriate, high quality materials for language development, reading, and writing; 

‘‘(xiv) encouraging family literacy experiences and 

practices, and educating teachers, public librarians, 

and parents and other caregivers about literacy development and child literacy development; and 

‘‘(xv) using strategies to enhance children’s— 

‘‘(I) motivation to communicate, read, and write; 

and 

‘‘(II) engagement in self-directed learning; 

‘‘(B) for students in kindergarten through grade 3— 

‘‘(i) providing high quality professional development 

opportunities, for teachers, literacy coaches, literacy 

specialists, English as a second language specialists 

(as appropriate), school librarians, and principals, on 

literacy development, language development, English 

language acquisition, and effective literacy instruction 

that— 

‘‘(I) aligns to State standards as well as local 

curricula and instructional assessments; and 

‘‘(II) addresses literacy development opportunities across the curricula; 

‘‘(ii) providing age appropriate direct and explicit instruction; 

‘‘(iii) providing strategic, systematic, and explicit instruction in phonological awareness, phonic decoding, 


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vocabulary, reading fluency, and reading comprehension; 

‘‘(iv) making available and using diverse texts at the 

reading, development, and interest level of students; 

‘‘(v) providing multiple opportunities for students to 

write individually and collaboratively with instruction 

and feedback; 

‘‘(vi) using differentiated instructional approaches, 

including individual, small group, and classroom-based 

instruction and discussion; 

‘‘(vii) using oral modeling techniques and opportunities for students to use language with the students’ 

peers and adults to build student language skills; 

‘‘(viii) providing time and opportunities for systematic and intensive instruction, intervention, and practice to supplement regular instruction, which can be 

provided inside and outside the classroom as well as 

during and outside regular school hours; 

‘‘(ix) providing instruction in uses of print materials 

and technological resources for research and for generating and presenting content and ideas; 

‘‘(x) using screening assessments, diagnostic assessments, formative assessments, and summative assessments to identify student learning needs, to inform instruction, and to monitor student progress and the effects of instruction over time; 

‘‘(xi) coordinating the involvement of families, caregivers, teachers, principals, other school leaders, and 

teacher literacy teams in the reading and writing 

achievement of children served under this subpart; 

‘‘(xii) encouraging family literacy experiences and 

practices; and 

‘‘(xiii) using strategies to enhance students’— 

‘‘(I) motivation to read and write; and 

‘‘(II) engagement in self-directed learning; and 

‘‘(C) for students in grades 4 through 12— 

‘‘(i) providing high quality professional development 

opportunities for teachers, literacy coaches, literacy 

specialists, English as a second language specialists 

(as appropriate), school librarians, and principals, including professional development on literacy development, language development, and effective literacy instruction embedded in schools and aligned to State 

standards; 

‘‘(ii) providing direct and explicit comprehension instruction; 

‘‘(iii) providing direct and explicit instruction that 

builds academic vocabulary and strategies and knowledge of text structure for reading different kinds of 

texts within and across core academic subjects; 

‘‘(iv) making available and using diverse texts at the 

reading, development, and interest level of the students; 

‘‘(v) providing multiple opportunities for students to 

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priate to the topic and purpose and with specific instruction and feedback from teachers and peers; 

‘‘(vi) using differentiated instructional approaches; 

‘‘(vii) using strategies to enhance students’— 

‘‘(I) motivation to read and write; and 

‘‘(II) engagement in self-directed learning; 

‘‘(viii) providing for text-based learning across content areas; 

‘‘(ix) providing systematic, strategic, and individual 

and small group instruction, including intensive supplemental intervention for students reading significantly below grade level, which may be provided inside 

and outside the classroom as well as during and outside regular school hours; 

‘‘(x) providing instruction in the uses of technology 

and multimedia resources for classroom research and 

for generating and presenting content and ideas; 

‘‘(xi) using screening assessments, diagnostic assessments, formative assessments, and summative assessments to identify learning needs, inform instruction, 

and monitor student progress and the effects of instruction; 

‘‘(xii) coordinating the involvement of families and 

caregivers, to the extent feasible and appropriate as 

determined by the Secretary, to improve reading, writing, and academic achievement; and 

‘‘(xiii) coordinating the involvement of school librarians, teachers, principals, other school leaders, teacher 

literacy teams, and English as a second language specialists (as appropriate), that analyze student work 

and plan or deliver instruction over time. 

‘‘(2) CLASSROOM-BASED INSTRUCTIONAL ASSESSMENT.—The 

term ‘classroom-based instructional assessment’ means an assessment, for children between preschool through grade 3, 

that— 

‘‘(A) is valid and reliable for the age and population of 

children being assessed; 

‘‘(B) is used to evaluate children’s developmental 

progress and learning, including systematic observations 

by teachers of children performing tasks, including academic and literacy tasks, that are part of their daily classroom experience; and 

‘‘(C) is used to improve classroom instruction. 

‘‘(3) COMPREHENSIVE LITERACY INSTRUCTION.—The term 

‘comprehensive literacy instruction’ means instruction that— 

‘‘(A) involves the characteristics of effective literacy instruction; and 

‘‘(B) is designed to support the essential components of 

reading instruction and the essential components of writing instruction. 

‘‘(4) DEVELOPMENTAL DELAY.—The term ‘developmental 

delay’ has the meaning given the term in section 632 of the Individuals with Disabilities Education Act (20 U.S.C. 1432). 

‘‘(5) DIAGNOSTIC ASSESSMENT.—The term ‘diagnostic assessment’ means an assessment that— 


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‘‘(A) is valid, reliable, and based on scientifically valid 

research on language, literacy, and English language acquisition; 

‘‘(B) is used for the purposes of— 

‘‘(i) identifying a student’s specific areas of strengths 

and weaknesses in oral language and literacy; 

‘‘(ii) determining any difficulties that the student 

may have in oral language and literacy and the potential cause of such difficulties; and 

‘‘(iii) helping to determine possible literacy intervention strategies and related special needs of the student; and 

‘‘(C) in the case of young children, is conducted after a 

screening assessment that identifies potential risks or a 

lack of school preparedness, including oral language and 

literacy development, or delayed development. 

‘‘(6) ELIGIBLE ENTITY.—The term ‘eligible entity’ means— 

‘‘(A) when used with respect to children from preschool 

through kindergarten entry— 

‘‘(i) 1 or more local educational agencies providing 

early childhood education programs, or 1 or more public or private early childhood education programs, 

serving children from preschool through kindergarten 

entry (such as a Head Start program, a child care program, a State-funded prekindergarten program, a public library program, or a family literacy program), that 

has a demonstrated record of providing effective literacy instruction for the age group such agency or program proposes to serve under section 5426; or 

‘‘(ii) 1 or more entities described in clause (i) acting 

in partnership with 1 or more public agencies or private nonprofit organizations that have a demonstrated 

record of effectiveness— 

‘‘(I) in improving the early literacy development 

of children from preschool through kindergarten 

entry; and 

‘‘(II) in providing professional development 

aligned with the activities described in section 

5426(e)(1); or 

‘‘(B) when used with respect to students in kindergarten 

through grade 12— 

‘‘(i) that is— 

‘‘(I) a local educational agency; 

‘‘(II) a consortium of local educational agencies; 

or 

‘‘(III) or a local educational agency or consortium of local educational agencies that may act in 

partnership with 1 or more public agencies or private nonprofit organizations, which agencies or organizations shall have a demonstrated record of 

effectiveness, consistent with the purposes of their 

participation, in improving literacy achievement of 

students from kindergarten through grade 12 and 

in providing professional development described in 

section 5427(a)(3)(B); 


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‘‘(ii) that— 

‘‘(I) is among, or consists of, the local educational agencies in the State with the highest 

numbers or percentages of students reading or 

writing below grade level, based on the most currently available State academic assessment data; 

‘‘(II) has jurisdiction over a significant number 

or percentage of schools that are identified for 

school improvement under section 1116; or 

‘‘(iii) has the highest numbers or percentages of children who are counted under section 1124(c), in comparison to other local educational agencies in the 

State. 

‘‘(7) ENGLISH LANGUAGE ACQUISITION.— 

‘‘(A) IN GENERAL.—The term ‘English language acquisition’ means the process by which a non-native English 

speaker acquires proficiency in speaking, listening, reading, and writing the English language. 

‘‘(B) INCLUSIONS FOR ENGLISH LEARNERS IN SCHOOL.—For 

an English language learner in school, such term includes 

not only the social language proficiency needed to participate in the school environment, but also the academic language proficiency needed to acquire literacy and academic 

content and demonstrate the student’s learning. 

‘‘(8) ESSENTIAL COMPONENTS OF READING INSTRUCTION.—The 

term ‘essential components of reading instruction’ means developmentally appropriate, contextually explicit, systematic instruction, and frequent practice, in reading across content 

areas. 

‘‘(9) ESSENTIAL COMPONENTS OF WRITING INSTRUCTION.—The 

term ‘essential components of writing instruction’ means developmentally appropriate and contextually explicit instruction, 

and frequent practice, in writing across content areas. 

‘‘(10) FAMILY LITERACY SERVICES.—The term ‘family literacy 

services’ means literacy services provided on a voluntary basis 

that are of sufficient intensity in terms of hours and duration 

and that integrate all of the following activities: 

‘‘(A) Interactive literacy activities between or among parents and their children, including parent literacy training. 

‘‘(B) Training for parents regarding how to be the primary teacher for their children and full partners in the 

education of their children. 

‘‘(C) Parent literacy training that leads to economic selfsufficiency. 

‘‘(D) An age-appropriate education to prepare children 

for success in school and life experiences. 

‘‘(11) FORMATIVE ASSESSMENT.—The term ‘formative assessment’ means a process that— 

‘‘(A) is teacher-generated or selected by teachers and students during instructional learning; 

‘‘(B) is embedded within the learning activity and linked 

directly to the current unit of instruction; and 

‘‘(C) provides feedback to adjust ongoing teaching and 

learning to improve students’ achievement of intended instructional outcomes. 


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‘‘(12) HIGH-QUALITY PROFESSIONAL DEVELOPMENT.—The term 

‘high-quality professional development’ means professional development that— 

‘‘(A) is job-embedded, ongoing, and based on scientifically 

valid research; 

‘‘(B) is sustained, intensive, and classroom-focused; 

‘‘(C) is designed to increase the knowledge and expertise 

of teachers, early childhood educators and administrators, 

principals, other school leaders, and other program staff in 

applying— 

‘‘(i) the characteristics of effective literacy instruction; 

‘‘(ii) the essential components of reading instruction; 

‘‘(iii) the essential components of writing instruction; 

and 

‘‘(iv) instructional strategies and practices that are 

appropriate to the age, development, and needs of children and improve student learning, including strategies and practices consistent with the principles of 

universal design for learning, as described in section 

5429(b)(21); 

‘‘(D) includes and supports teachers in effectively administering age appropriate and developmentally appropriate 

assessments, and analyzing the results of such assessments for the purposes of planning, monitoring, adapting, 

and improving effective classroom instruction or teaching 

strategies to improve student literacy; 

‘‘(E) for educators working with students in kindergarten 

through grade 12— 

‘‘(i) supports the characteristics of effective literacy 

instruction through core academic subjects, and 

through career and technical education subjects where 

such career and technical education subjects provide 

for the integration of core academic subjects; and 

‘‘(ii) includes explicit instruction in discipline-specific 

thinking and how to read and interpret discipline-specific text structures and features; 

‘‘(F) includes instructional strategies utilizing one-to-one, 

small group, and classroom-based instructional materials 

and approaches based on scientifically valid research on 

literacy; 

‘‘(G) provides ongoing instructional literacy coaching— 

‘‘(i) to ensure high-quality implementation of effective practices of literacy instruction that are contentcentered, integrated across the curricula, collaborative, 

and embedded in the school, classroom, or other setting; and 

‘‘(ii) that uses student data to improve instruction; 

‘‘(H) includes and supports teachers in setting high reading and writing achievement goals for all students and 

provides the teachers with the instructional tools and 

skills to help students reach such goals; and 

‘‘(I) is differentiated for educators working with children 

from preschool through kindergarten entry, students in 

kindergarten through grade 5, and students in grades 6 


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through 12, and, as appropriate, by student grade or student need. 

‘‘(13) LITERACY COACH.—The term ‘literacy coach’ means a 

professional— 

‘‘(A) who— 

‘‘(i) has previous teaching experience and— 

‘‘(I) a master’s degree with a concentration in 

reading and writing education; 

‘‘(II) demonstrated proficiency in teaching reading or writing in a core academic subject consistent with the characteristics of effective literacy 

instruction; or 

‘‘(III) in the case of a literacy coach for children 

from preschool through kindergarten entry, a concentration, credential, or significant experience in 

child development and early literacy development; 

and 

‘‘(ii) is able to demonstrate the ability to help teachers— 

‘‘(I) apply research on how students become successful readers, writers, and communicators; 

‘‘(II) apply multiple forms of assessment to 

guide instructional decisionmaking and use data 

to improve literacy instruction; 

‘‘(III) improve student writing and reading in 

and across content areas such as mathematics, 

science, social studies, and language arts; 

‘‘(IV) develop and implement differentiated instruction and teaching approaches to serve the 

needs of the full range of learners, including 

English learners and children with disabilities; 

‘‘(V) apply principles of universal design for 

learning, as described in section 5429(b)(21); 

‘‘(VI) employ best practices in engaging principals, early childhood educators and administrators, teachers, and other professionals supporting 

literacy instruction to change school cultures to 

better encourage and support literacy development and achievement; and 

‘‘(VII)(aa) for children from preschool through 

kindergarten entry, set developmentally appropriate expectations for language; and 

‘‘(bb) for all children, set literacy development 

and high reading and writing achievement goals 

and select, acquire, and use instructional tools 

and skills to help the children reach such goals; 

and 

‘‘(B) whose role with teachers and professionals supporting literacy instruction is— 

‘‘(i) to provide high-quality professional development; 

‘‘(ii) to work cooperatively and collaboratively with 

principals, teachers, and other professionals in employing strategies to help teachers identify and support student language and literacy needs and teach litVerDate Sep 11 2014 06:02 Feb 26, 2015 Jkt 093510 PO 00000 Frm 00233 Fmt 6659 Sfmt 6602 E:\HR\OC\HR029.XXX HR029

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eracy across content areas and developmental domains; and 

‘‘(iii) to work cooperatively and collaboratively with 

other professionals in employing strategies to help 

teachers teach literacy across content areas so that the 

teachers can meet the needs of all students, including 

children with disabilities, English learners, and students who are reading at or above grade level. 

‘‘(14) MULTI-TIERED SYSTEM OF SUPPORT.—The term ‘multitiered system of support’ means a comprehensive system of differentiated supports that includes evidence-based instruction, 

universal screening, progress monitoring, formative assessments, evidence-based interventions matched to student needs 

and educational decisionmaking using student outcome data. 

‘‘(15) READING.—The term ‘reading’ means a complex system 

of deriving meaning from print that requires, in ways that are 

developmentally, content, and contextually appropriate, all of 

the following: 

‘‘(A) PHONEMES.—The skills and knowledge to understand how phonemes, or speech sounds, are connected to 

print. 

‘‘(B) ACCURACY, FLUENCY, AND UNDERSTANDING.—The 

ability to read accurately, fluently, and with understanding. 

‘‘(C) READING COMPREHENSION.—The use of background 

knowledge and vocabulary to make meaning from a text. 

‘‘(D) ACTIVE STRATEGIES.—The development and use of 

appropriate active strategies to interpret and construct 

meaning from print. 

‘‘(16) SCIENTIFICALLY VALID RESEARCH.—The term ‘scientifically valid research’ has the meaning given the term in section 

200 of the Higher Education Act of 1965 (20 U.S.C. 1021). 

‘‘(17) SCREENING ASSESSMENT.—The term ‘screening assessment’ means an assessment that— 

‘‘(A) is valid, reliable, and based on scientifically valid 

research on literacy and English language acquisition; and 

‘‘(B) is a procedure designed as a first step in identifying 

children who may be at high risk for delayed development 

or academic failure and in need of further diagnosis of the 

children’s need for special services or additional literacy 

instruction. 

‘‘(18) SPECIALIZED INSTRUCTIONAL SUPPORT PERSONNEL

(SISP).—The term ‘Specialized Instructional Support Personnel’ 

or ‘SISP’ means school counselors, school social workers, school 

psychologists, and other qualified professional personnel involved in providing assessment, diagnosis, counseling, educational, therapeutic, and other necessary services (included 

related services as that term is defined in section 602 of the 

Individuals with Disabilities Education Act) as part of a comprehensive program to meet student needs. 

‘‘(19) STATE.—The term ‘State’ has the meaning given the 

term in section 103 of the Higher Education Act of 1965 (20 

U.S.C. 1003). 

‘‘(20) STATE LITERACY LEADERSHIP TEAM.— 


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‘‘(A) IN GENERAL.—The term ‘State literacy leadership 

team’ means a team that— 

‘‘(i) is appointed and coordinated by the State educational agency; 

‘‘(ii) assumes the responsibility to guide the development and implementation of a statewide, comprehensive literacy plan; 

‘‘(iii) is composed of not less than 11 individuals; and 

‘‘(iv) shall include— 

‘‘(I) not less than 3 individuals who have literacy expertise in one of each of the areas of— 

‘‘(aa) preschool through school entry, such 

as the State Head Start collaboration director; 

‘‘(bb) kindergarten entry through grade 5; 

and 

‘‘(cc) grades 6 through 12; 

‘‘(II) a school principal; 

‘‘(III) teachers and administrators with expertise in literacy and special education; 

‘‘(IV) teachers and administrators with expertise 

in teaching the English language to English learners; 

‘‘(V) a representative from the State educational 

agency who oversees literacy initiatives; and 

‘‘(VI) a representative from higher education 

who is actively involved in research, development, 

or teacher preparation in literacy instruction and 

intervention based on scientifically valid research. 

‘‘(B) INCLUSION OF A PREEXISTING PARTNERSHIP.—If, before the date of enactment of the Student Success Act, a 

State educational agency established a consortium, partnership, or any other similar body that was considered a 

literacy partnership for purposes of subpart 1 or 2 of part 

B of title I and that includes the individuals required 

under subparagraph (A)(iv), such consortium, partnership, 

or body may be considered a State literacy leadership team 

for purposes of subparagraph (A). 

‘‘(21) SUMMATIVE ASSESSMENT.—The term ‘summative assessment’ means an assessment that— 

‘‘(A) is valid, reliable, and based on scientifically valid 

research on literacy and English language acquisition; and 

‘‘(B) measures— 

‘‘(i) for children from preschool through kindergarten 

entry, how the children have progressed over time relative to developmental norms; and 

‘‘(ii) for students in kindergarten through grade 12, 

what the students have learned over time, relative to 

academic content standards. 

‘‘(22) UNIVERSAL DESIGN FOR LEARNING.—The term ‘universal 

design for learning’ has the meaning given the term in section 

103 of the Higher Education Act of 1965 (20 U.S.C. 1003). 

‘‘(23) WRITING.—The term ‘writing’ means— 

‘‘(A) composing meaning in print or through other media, 

including technologies, to communicate and to create new 


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knowledge in ways appropriate to the context of the writing and the literacy development stage of the writer; 

‘‘(B) composing ideas individually and collaboratively in 

ways that are appropriate for a variety of purposes, audiences, and occasions; 

‘‘(C) choosing vocabulary, tone, genre, and conventions, 

such as spelling and punctuation, suitable to the purpose, 

audience, and occasion; and 

‘‘(D) revising compositions for clarity of ideas, coherence, 

logical development, and precision of language use. 

‘‘SEC. 5430. AUTHORIZATION OF APPROPRIATIONS. 

‘‘There are authorized to be appropriated to carry out this sub- part $500,000,000 for fiscal year 2016 and such sums as may be 

necessary for subsequent fiscal years. 

‘‘SUBPART 3—A WELL-ROUNDED EDUCATION

‘‘SEC. 5431. PROGRAM AUTHORIZED. 

‘‘From the amount appropriated each fiscal year to carry out this 

subpart, the Secretary— 

‘‘(1) shall— 

‘‘(A) reserve not less than 5 percent for national activities under section 5438; and 

‘‘(B) of the funds remaining after the Secretary reserves 

funds under subparagraph (A)— 

‘‘(i) use at least 25 percent to award grants to eligible entities under this subpart to carry out proven 

practices, strategies, or programs in American history, 

civic education, and geography; 

‘‘(ii) use at least 15 percent to award grants to eligible entities under this subpart to carry out proven 

practices, strategies, or programs in economic and financial literacy education and entrepreneurship education; 

‘‘(iii) use at least 15 percent to award grants to eligible entities under this subpart to carry out proven 

practices, strategies, or programs in foreign language 

education; 

‘‘(iv) use at least 15 percent to award grants to eligible entities under this subpart to carry out proven 

practices, strategies, or programs for music and the 

arts education; and 

‘‘(v) use at least 10 percent to award grants to eligible entities under this subpart to carry out proven 

practices, strategies, or programs in Javits gifted and 

talented education; and 

‘‘(vi) use at least 10 percent to award grants to eligible entities as described in section 5432(2) to carry out 

proven practices, strategies, or programs in ready-tolearn; and 

‘‘(2) may use the funds remaining after the Secretary reserves and uses funds under paragraph (1) to award grants to 

eligible entities under this subpart to carry out any of the 

proven practices, strategies, or programs described in clauses 

(i) through (v) of paragraph (1)(B). 


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‘‘SEC. 5432. ELIGIBLE ENTITY DEFINED. 

‘‘In this subpart, an eligible entity means one of the following: 

‘‘(1) A State educational agency, local educational agency, or 

an educational service agency with a local educational agency 

that is in partnership with one or more of the following: 

‘‘(A) An institution of higher education. 

‘‘(B) A nonprofit organization with demonstrated expertise in the content areas described in section 5431(1)(B). 

‘‘(C) A library or museum. 

‘‘(2) A public telecommunications entity that is able to demonstrate each of the following: 

‘‘(A) A capacity for the development and national distribution of educational and instructional television programming of high quality that is accessible by a large majority of disadvantaged preschool and elementary school 

children. 

‘‘(B) A capacity to contract with the producers of children’s television programming for the purpose of developing educational television programming of high quality. 

‘‘(C) A capacity, consistent with the entity’s mission and 

nonprofit nature, to negotiate such contracts in a manner 

that returns to the entity an appropriate share of any ancillary income from sales of any program-related products. 

‘‘(D) A capacity to localize programming and materials to 

meet specific State and local needs and to provide educational outreach at the local level. 

‘‘SEC. 5433. GRANT PRIORITY, DURATION, AND SIZE AND SCOPE REQUIREMENTS. 

‘‘(a) PRIORITY.—In awarding grants under this subpart, the Secretary shall give priority to— 

‘‘(1) eligible entities proposing to serve schools in need of 

support or persistently low achieving schools; and 

‘‘(2) eligible entities proposing to serve a high percentage and 

number of children from families with incomes below the poverty line according to the most recent census data approved by 

the Secretary. 

‘‘(b) DURATION.—The Secretary shall award grants under this 

subpart for a period of 5 years. 

‘‘(c) SUFFICIENT SIZE AND SCOPE.—In awarding grants under this 

subpart, the Secretary shall ensure that grants are of sufficient 

size and scope. 

‘‘SEC. 5434. SUPPLEMENT, NOT SUPPLANT. 

‘‘Funds received under this subpart shall be used to supplement, 

not supplant, Federal and non-Federal funds available to support 

child and youth services. 

‘‘SEC. 5435. APPLICATION REQUIREMENTS. 

‘‘(a) IN GENERAL.—To receive a grant under one or more of the 

grant programs described in clauses (i) through (v) of section 

5431(1)(B), an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing the information that the Secretary may require, including the information described in subsection (c). 

‘‘(b) MULTIPLE APPLICATIONS.—An eligible entity may apply for 

one or more grant programs under this subpart, and may use a 


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consolidated application to apply for more than one grant program 

under this subpart. 

‘‘(c) APPLICATION REQUIREMENTS.— An application submitted 

under subsection (a) shall contain the following: 

‘‘(1) A description of the promising or proven practice, strategy, or program that the applicant proposes to implement in a 

content area listed in clauses (i) through (v) of section 

5431(1)(B). 

‘‘(2) A description of how the proposed practice, strategy, or 

program is evidence-based and will improve teaching practices 

as well as student achievement or student academic growth especially with high-need student populations. 

‘‘(3) A description of how the proposed practice, strategy, or 

program fits into the State or local educational agency’s overall 

strategy that students have access to a well-rounded education. 

‘‘(4) A description of how the proposed practice, strategy, or 

program will be aligned with school improvement plans. 

‘‘(5) A description of how the activities will adequately address the needs of students with disabilities and English learners. 

‘‘(6) A description of the applicant’s plan for data collection, 

analysis, and dissemination of results and outcomes, including 

an assurance that the applicant will make this information 

publicly available and accessible to educators, researchers, and 

other experts. 

‘‘(7) A description of how the applicant will provide for the 

completion of an independent evaluation of the project (including through the use of formative and summative evaluation 

methodologies) during the grant period to assess its impact on 

student achievement, student academic growth, student engagement, and other program goals, including its potential for 

replication and expansion. 

‘‘(8) If the applicant proposes to expand an existing practice, 

strategy, or program with at least moderate evidence, a description of how the applicant proposes to reach additional participants in such practice, strategy, or program. 

‘‘(d) PEER REVIEW.—The Secretary shall establish a peer-review 

process to assist in review of applications submitted under this section. 

‘‘SEC. 5436. USES OF FUNDS. 

‘‘(a) IN GENERAL.—Each eligible entity that receives a grant 

under this subpart shall carry out one or more of the following: 

‘‘(1) Plan, develop, expand, or improve practices, strategies, 

and programs in the applicable content area. 

‘‘(2) Develop and implement instructional materials, assessments (including performance-based assessments), and curriculum, aligned with State standards in a content area listed 

in clauses (i) through (v) of section 5431(1)(B), which embed 

principles of universal design for learning, as described in section 5429(b)(21), to support students with diverse learning 

needs including English learners and students with disabilities. 

‘‘(3) Develop and implement professional development for 

teachers in the applicable content area in order to improve 

classroom practices. 


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‘‘(4) Align practices, strategies, and programs with postsecondary programs for the continuation of instruction in the academic subject for which the program strategy or practice proposes to increase student achievement or student growth. 

‘‘(5) Supporting the use of open educational resources or 

other innovative uses of technology that are designed to serve 

students at all levels of achievement. 

‘‘(6) Support efforts to expand access to advanced 

coursework, especially for high-need students. 

‘‘(7) In the case of an eligible entity that is a State educational agency, the eligible entity may also provide technical 

assistance to local programs within the State. 

‘‘(b) PROGRAM SPECIFIC REQUIREMENTS FOR GEOGRAPHY

GRANTS.—In addition to meeting the requirements of subsection 

(a), an eligible entity receiving a grant described in section 

5431(1)(B)(i) may use the grant to— 

‘‘(1) carry out local, field-based activities for teachers and 

students to improve their knowledge of the concepts and tools 

of geography while enhancing understanding of their home region; and 

‘‘(2) apply geographic information systems and technology to 

the teaching of geography; and 

‘‘(3) using internet or distance-learning technology. 

‘‘(c) PROGRAM SPECIFIC REQUIREMENTS FOR ECONOMIC, FINAN- CIAL LITERACY, AND ENTREPRENEURSHIP EDUCATION GRANTS.—In 

addition to meeting the requirements of subsection (a), an eligible 

entity receiving a grant described in section 5431(1)(B)(ii)— 

‘‘(1) may use the grant to— 

‘‘(A) carry out programs to teach personal financial management skills; 

‘‘(B) carry out programs to teach the basic principles involved with earning, spending, saving, investing, credit, 

and insurance; and 

‘‘(C) implement financial and economic literacy activities 

and sequences of study within, or coordinated with, core 

academic subjects; and 

‘‘(2) is strongly encouraged to— 

‘‘(A) include interactions with the local business community to the fullest extent possible to reinforce the connection between economic and financial literacy; and 

‘‘(B) work with private businesses to obtain matching 

contributions for Federal funds and assist recipients in 

working toward self-sufficiency. 

‘‘(d) PROGRAM SPECIFIC REQUIREMENTS FOR FOREIGN LANGUAGE

GRANTS.—In addition to meeting the requirements of subsection 

(a), an eligible entity receiving a grant described in section 

5431(1)(B)(iii) may use the grant to carry out the following activities: 

‘‘(1) Developing and implementing intensive summer foreign 

language programs for professional development. 

‘‘(2) Linking nonnative English speakers in the community 

with the schools in order to promote two-way language learning. 

‘‘(3) Promoting the sequential study of a foreign language for 

students, beginning in elementary schools. 


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‘‘(4) Making effective use of technology, such as computer-assisted instruction, language laboratories, or distance learning, 

to promote foreign language study. 

‘‘(5) Developing and implementing, high quality dual language programs. 

‘‘(6) Promoting innovative activities, such as foreign language 

immersion, partial foreign language immersion, or contentbased instruction. 

‘‘(7) Providing opportunities for maximum foreign language 

exposure for students domestically, such as the creation of immersion environments in the classroom and school, on weekend 

or summer experiences, and special tutoring and academic support. 

‘‘(8) providing for the possibility for multiple entry points for 

studying the foreign language. 

‘‘(9) Creating partnerships with elementary and secondary 

schools in other countries to facilitate language and cultural 

learning and exchange. 

‘‘(10) Providing support for a language supervisor to oversee 

and coordinate the progress of the articulated foreign language 

program across grade levels in the local educational agency 

funded under this subpart. 

‘‘(e) PROGRAM SPECIFIC REQUIREMENTS FOR JAVITS GIFTED AND

TALENTED GRANTS.—In addition to meeting the requirements of 

subsection (a), an eligible entity receiving a grant described in section 5431(1)(B)(v) may use the grant to carry out the following activities: 

‘‘(1) Providing funds for challenging, high-level course work, 

disseminated through technologies (including distance learning), for individual students or groups of students in schools 

and local educational agencies that would not otherwise have 

the resources to provide such course work. 

‘‘(2) Ensuring that assessments provide diagnostic information that informs instruction for high-achieving students. 

‘‘(3) Carrying out training and professional development for 

school personnel involved in the teaching of high-achieving, 

educationally disadvantaged students, such as instructional 

staff, principals, counselors, and psychologists. 

‘‘(4) Conducting education and training for parents of highachieving, educationally disadvantaged students to support 

educational excellence for such students. 

‘‘(f) PROGRAM SPECIFIC REQUIREMENTS FOR READY-TO-LEARN.—In 

addition to meeting the requirements of subsection (a), an eligible 

entity receiving a grant described in section 5431(1)(B)(vi) may use 

the grant to carry out the following activities: 

‘‘(1) to develop, produce, and distribute educational and instructional video programming for preschool and elementary 

school children and their parents in order to facilitate student 

academic achievement; 

‘‘(2) to facilitate the development, directly or through contracts with producers of children and family educational television programming, of educational programming for preschool 

and elementary school children, and the accompanying support 

materials and services that promote the effective use of such 

programming; 


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‘‘(3) to facilitate the development of programming and digital 

content containing Ready-to-Learn-based children’s programming and resources for parents and caregivers that is specially 

designed for nationwide distribution over public television stations’ digital broadcasting channels and the Internet; 

‘‘(4) to contract with entities (such as public telecommunications entities) so that programs developed under this section 

are disseminated and distributed to the widest possible audience appropriate to be served by the programming, and 

through the use of the most appropriate distribution technologies; and 

‘‘(5) to develop and disseminate education and training materials, including interactive programs and programs adaptable 

to distance learning technologies, that are designed— 

‘‘(A) to promote school readiness; and 

‘‘(B) to promote the effective use of materials developed 

under subparagraphs (2) and (3) among parents, teachers, 

Head Start providers, Even Start providers, providers of 

family literacy services, child care providers, early childhood development personnel, elementary school teachers, 

public libraries, and afterschool program personnel caring 

for preschool and elementary school children. 

‘‘SEC. 5437. EVALUATION. 

‘‘Each eligible entity receiving a grant under this subpart shall 

conduct an independent program-level evaluation and submit preliminary results to the Secretary at such a time and in such manner as the Secretary may require in order to determine the eligible 

entity’s eligibility to continue to receive funding under this subpart. 

‘‘SEC. 5438. NATIONAL ACTIVITIES. 

‘‘(a) IN GENERAL.—From the amounts reserved under section 

5431(1)(A), the Secretary shall carry out the national activities described in subsection (b) directly or by entering into contracts with 

an eligible educational entity. 

‘‘(b) NATIONAL ACTIVITIES.—The national activities that shall be 

carried out under this section are as follows: 

‘‘(1) Technical assistance. 

‘‘(2) Development of curricula. 

‘‘(3) Production, development, and dissemination of highquality educational content (including digital content) in academic content areas under this subpart. 

‘‘(4) Research and collecting information on, and identifying, 

effective programs and best practices and disseminating that 

information to States, local educational agencies, institutions of 

higher education, and other stakeholders. 

‘‘SEC. 5439. PROFESSIONAL DEVELOPMENT ACTIVITIES. 

‘‘(a) ELIGIBLE EDUCATIONAL ENTITY DEFINED.—In this section, 

the term ‘eligible educational entity’ means a national nonprofit 

educational entity with a proven track record and demonstrated expertise in one or more of the following areas as related to the activities described in subsection (b): 

‘‘(1) High-quality professional development programs, including writing programs for teachers across disciplines and at all 

grade levels. 

‘‘(2) History education programs. 


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‘‘(3) Civics and government education programs. 

‘‘(4) Economic and financial literacy education programs. 

‘‘(5) Geography education programs. 

‘‘(6) Foreign Language education programs. 

‘‘(7) Music and the arts education programs. 

‘‘(8) Gifted and talented programs. 

‘‘(9) Reading and book distribution programs, including pediatric early literacy programs that engage parents. 

‘‘(10) Educational and instructional video programming (including early literacy programming) for a public telecommunications entity. 

‘‘(b) PRIORITY.—In awarding a contract to an eligible educational 

entity under this section, the Secretary shall give priority to an entity that provides support to the eligible entities receiving a grant 

under this subpart or eligible entities receiving a grant under the 

subpart 1 or 2 to develop instructional systems that provide— 

‘‘(1) a systematic and coherent combination of instructional 

materials; 

‘‘(2) embedded formative and interim assessments; 

‘‘(3) professional development; 

‘‘(4) information on student learning; and 

‘‘(5) academic interventions based on cognitive science and 

content-area knowledge and are aligned with college- and career-ready standards. 

‘‘SEC. 5440. AUTHORIZATION OF APPROPRIATIONS. 

‘‘There are authorized to be appropriated to carry out this subpart $250,000,000 for fiscal year 2016 and such sums as may be 

necessary for each succeeding fiscal year. 

‘‘SUBPART 4—TRANSFORMING EDUCATION THROUGH TECHNOLOGY

GRANTS

‘‘SEC. 5441. PURPOSES. 

‘‘The purposes of this subpart are to— 

‘‘(1) improve the achievement, academic growth, and collegeand-career readiness of students who have developed the ability to think critically, apply knowledge to solve complex problems, work collaboratively, communicate effectively, be self-directed, and be responsible digital citizens; 

‘‘(2) ensure all students have access to individualized, rigorous, and engaging digital learning experiences; 

‘‘(3) ensure that educators have the knowledge and skills to 

develop and implement digital learning curriculum, use technology effectively in order to personalize and strengthen instruction, and effectively create, deliver, and utilize assessments to measure student outcomes and support student success; 

‘‘(4) ensure that administrators have the leadership, management, knowledge, and skills to design, develop, and implement 

a school or local educational agency-wide digital age learning 

environment; and 

‘‘(5) improve the efficiency and productivity of education 

through technology. 


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‘‘SEC. 5442. E-RATE RESTRICTION. 

‘‘Funds awarded under this subpart may be used to address the 

networking needs of a recipient of such funds for which the recipient is eligible to receive support under the E-rate program, except 

that such funds may not be duplicative of support received by the 

recipient under the E-rate program. 

‘‘SEC. 5443. RULE OF CONSTRUCTION REGARDING PURCHASING. 

‘‘Nothing in this subpart shall be construed to permit a recipient 

of funds under this subpart to purchase goods or services using 

such funds without ensuring that the purchase is free of any conflict of interest between such recipient, or any partner of such recipient, and the person or entity receiving such funds. 

‘‘SEC. 5444. DEFINITIONS. 

‘‘In this subpart: 

‘‘(1) DIGITAL LEARNING.—The term ‘digital learning’ means 

any instructional practice that effectively uses technology to 

strengthen a student’s learning experience and encompasses a 

wide spectrum of tools and practices, including— 

‘‘(A) interactive learning resources that engage students 

in academic content; 

‘‘(B) access to online databases and other primary source 

documents; 

‘‘(C) the use of data to personalize learning and provide 

targeted supplementary instruction; 

‘‘(D) student collaboration with content experts and 

peers; 

‘‘(E) online and computer-based assessments; 

‘‘(F) digital content, adaptive, and simulation software or 

courseware, 

‘‘(G) online courses, online instruction, or digital learning 

platforms; 

‘‘(H) mobile and wireless technologies for learning in 

school and at home; 

‘‘(I) learning environments that allow for rich collaboration and communication; 

‘‘(J) authentic audiences for learning in a relevant, real 

world experience; 

‘‘(K) teacher participation in virtual professional communities of practice; and 

‘‘(L) hybrid or blended learning, which occurs under direct instructor supervision at a school or other location 

away from home and, at least in part, through online delivery of instruction with some element of student control 

over time, place, path, or pace. 

‘‘(2) ELIGIBLE TECHNOLOGY.—The term ‘eligible technology’ 

means modern information, computer, and communication 

technology hardware, software, services, or tools, including 

computer or mobile hardware devices and other computer and 

communications hardware, software applications, systems and 

platforms, and digital and online content, courseware, and online instruction and other online services and supports, including technology that is interoperable and is in accordance with 

principles of universal design for learning, as described in section 5429(b)(21). 


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‘‘(3) STUDENTS WITH DISABILITIES.—The term ‘students with 

disabilities’ means students with disabilities as defined under 

the Individuals with Disabilities Education Act and section 504 

of the Rehabilitation Act of 1973. 

‘‘(4) STUDENT TECHNOLOGY LITERACY.—The term ‘student 

technology literacy’ means student knowledge and skills in 

using contemporary information, communication, and learning 

technologies in a manner necessary for successful employment, 

lifelong learning, and citizenship in the knowledge-based, digital, and global 21st century, including, at a minimum, the 

ability to— 

‘‘(A) effectively communicate and collaborate; 

‘‘(B) analyze and solve problems; 

‘‘(C) access, evaluate, manage, and create information 

and otherwise gain information literacy; 

‘‘(D) demonstrate creative thinking, construct knowledge, 

and develop innovative products and processes; and 

‘‘(E) carry out the activities described in subparagraphs 

(A) through (D) in a safe and ethical manner. 

‘‘(5) TECHNOLOGY READINESS SURVEY.—The term ‘technology 

readiness survey’ means a survey completed by a local educational agency that provides standardized information comparable to the information collected through the technology 

readiness survey administered under the Race to the Top Assessment program under section 14006 of division A of the 

American Recovery and Reinvestment Act of 2009 (Public Law 

111–5) on the quantity and types of technology infrastructure 

and access available to the students served by the local educational agency, including computer devices, Internet 

connectivity, operating systems, related network infrastructure, data systems, and— 

‘‘(A) requiring— 

‘‘(i) an internal review of the degree to which instruction, additional student support, and professional 

development is delivered in digital formats, media, 

and platforms and is available to students and educators at any time; 

‘‘(ii) an internal review of the ability of educators to 

use assessments and other student data to personalize 

and strengthen instruction and identify professional 

development needs and priorities; and 

‘‘(iii) any other information required by the State 

educational agency serving the local educational agency; and 

‘‘(B) may include an assessment of local community 

needs to ensure students have adequate on-line access and 

access to devices for school-related work during out-ofschool time. 

‘‘SEC. 5445. TECHNOLOGY GRANTS PROGRAM AUTHORIZED. 

‘‘(a) IN GENERAL.—From the amounts appropriated under section 

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ing through State activities under section 5447(c) and local activities under section 5448(c). 

‘‘(b) GRANTS TO STATE EDUCATIONAL AGENCIES.— 

‘‘(1) RESERVATIONS.—From the amounts appropriated under 

section 5451 for any fiscal year, the Secretary shall reserve— 

‘‘(A) three-fourths of 1 percent for the Secretary of Interior to provide assistance under this title for schools operated or funded by the Bureau of Indian Education; and 

‘‘(B) 1 percent to provide assistance under this title to 

the outlying areas. 

‘‘(2) GRANTS.—From the amounts appropriated under section 

106 for any fiscal year and remaining after the Secretary 

makes reservations under paragraph (1), the Secretary shall 

make a grant for the fiscal year to each State educational 

agency with an approved application under section 5446 in an 

amount that bears the same relationship to such remainder as 

the amount the State educational agency received under part 

A of title I for such year bears to the amount all State educational agencies with an approved application under section 

102 received under such part (20 U.S.C. 6311 et seq.) for such 

year. 

‘‘(c) MINIMUM.—The amount of a grant to a State educational 

agency under subsection (b)(2) for a fiscal year may not be less 

than one-half of 1 percent of the total amount made available for 

grants to all State educational agencies under such subsection for 

such year. 

‘‘(d) REALLOTMENT OF UNUSED FUNDS.—If any State educational 

agency does not apply for a grant under subsection (b)(2) for a fiscal year, or does not use its entire grant under subsection (b)(2) for 

such year, the Secretary shall reallot the amount of the State educational agency’s grant, or the unused portion of the grant, to the 

remaining State educational agencies that use their entire grant 

amounts under subsection (b)(2) for such year. 

‘‘(e) MATCHING FUNDS.— 

‘‘(1) IN GENERAL.—A State educational agency that receives 

a grant under subsection (b)(2) shall provide matching funds, 

from non-Federal sources, in an amount equal to 20 percent of 

the amount of grant funds provided to the State educational 

agency to carry out the activities supported by the grant. Such 

matching funds may be provided in cash or in-kind, except that 

any such in-kind contributions shall be provided for the purpose of supporting the State educational agency’s activities 

under section 104(c). 

‘‘(2) WAIVER.—The Secretary may waive the matching requirement under paragraph (1) for a State educational agency 

that demonstrates that such requirement imposes an undue financial hardship on the State educational agency. 

‘‘SEC. 5446. STATE APPLICATIONS. 

‘‘(a) APPLICATION.—To receive a grant under section 5445(b)(2), a 

State educational agency shall submit to the Secretary an application at such time and in such manner as the Secretary may require 

and containing the information described in subsection (b). 

‘‘(b) CONTENTS.—Each application submitted under subsection (a) 

shall include the following: 


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‘‘(1) A description of the State Educational Agency’s longterm goals and strategies for improving student academic 

achievement, including through student technology literacy, 

through the effective use of technology. 

‘‘(2) A description of how the State educational agency will 

meet the following goals: 

‘‘(A) Use technology to ensure all students achieve college-and-career readiness and technology literacy, including by providing high-quality education opportunities to 

economically or geographically isolated student populations. 

‘‘(B) Provide educators with the tools, devices, content, 

and resources to— 

‘‘(i) significantly improve teaching and learning, including support to increase personalization for and engagement of students in pursuit of college-and-career 

readiness and technology literacy; and 

‘‘(ii) develop and use assessments to improve instruction, including instruction consistent with the 

principles of universal design for learning, as described in section 5429(b)(21), and instruction for students with disabilities and English-language learners. 

‘‘(C) Ensure administrators and school leaders have the 

flexibility and capacity to develop and manage systems to 

carry out activities described in subparagraphs (A) and 

(B), and support administrators and school leaders in utilizing technology to promote equity and increase efficiency 

and productivity. 

‘‘(D) Enable local educational agencies to build the technological capacity and infrastructure (including through 

local purchasing of eligible technology), necessary for the 

full implementation of on-line assessments for all students, 

(including students with disabilities and English-language 

learners) and to— 

‘‘(i) ensure the interoperability of data systems and 

eligible technology; and 

‘‘(ii) carry out subparagraphs (A) through (C). 

‘‘(3) A description of the results of the technology readiness 

in the State as determined by local educational agency responses to the technology readiness survey, including— 

‘‘(A) the status of the ability of each local educational 

agency served by the State educational agency to meet the 

goals described in section 104(b)(1); 

‘‘(B) an assurance that not less 90 percent of the local 

educational agencies served by the State educational agency have completed and submitted the technology readiness 

survey to the State educational agency; and 

‘‘(C) an assurance that the results of the technology 

readiness survey for each such local educational agency 

are made available to the Secretary and the public through 

the Website of the local educational agency. 

‘‘(4) A description of the plan for the State educational agency to support each local educational agency served by the State 

educational agency in meeting the goals described in section 

104(b)(1) not later than 3 years after the local educational 


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agency completes the technology readiness survey by addressing the readiness gaps identified in such survey. 

‘‘(5) A description of the State’s process for the adoption, acquisition, distribution, and use of content, how the State will 

ensure integrity of such processes, and how such processes 

support the goals under paragraph (1) or how a State will 

change such processes to support such goals, and how the 

State will ensure content quality. 

‘‘(6) A description of how the State educational agency will 

ensure its data systems and eligible technology are interoperable. 

‘‘(7) An assurance that the State educational agency will consider making content widely available through open educational resources when making purchasing decisions with 

funds received under this title. 

‘‘(8) A description of the State’s student technology literacy 

standards and the technology standards for teachers and administrators, and an assurance that the State’s student technology literacy standards meet the requirements of section 

7(8). 

‘‘(9) An assurance that subgrant awards under section 104 

will be carried out by the local educational agency staff with 

responsibility for leadership, coordination, and implementation 

of instructional and other classroom technologies. 

‘‘(10) A description of how the State educational agency will 

award subgrants to local educational agencies under section 

104. 

‘‘(11) A description of the process, activities, performance 

measures, and outcomes in learning, assessment, teaching, infrastructure, and communication that the State educational 

agency will use to evaluate the impact and effectiveness of the 

grant and subgrants funds awarded under this subpart across 

the State and in each local educational agency. 

‘‘(12) A description of how the State educational agency will, 

in providing technical and other assistance to local educational 

agencies, give priority to the local educational agencies proposing to target services to— 

‘‘(A) students in schools in need of support and high-priority schools; and 

‘‘(B) schools with a high percentage of students that are 

eligible for free or reduced price lunch under the Richard 

B. Russell National School Lunch Act (42 U.S.C. 1751 et 

seq.). 

‘‘(13) A description of how the State educational agency consulted with local educational agencies in the development of 

the State educational agency’s application under this subsection. 

‘‘(14) An assurance that the State educational agency will 

provide matching funds as required under section 101(e). 

‘‘(15) A description of how the State educational agency will 

ensure that funds received under this title is not duplicative of 

support received under the E-rate program. 

‘‘(16) An assurance that the State educational agency, in 

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nology resources, will expend funds first to local educational 

agencies that— 

‘‘(A) serve students in schools identified as persistently 

low achieving or in need of support to remedy resource inequities identified in school improvement plans as described in section 1116; or 

‘‘(B) serve schools with a high percentage of students 

that are eligible for free or reduced price lunch under the 

Richard B. Russell National School Lunch Act (42 U.S.C. 

1751 et seq.). 

‘‘(17) An assurance that the State educational agency will 

protect the privacy and safety of students and teachers, consistent with requirements of section 444 of the General Education Provisions Act (20 U.S.C. 1232g) (commonly known as 

the ‘Family Educational Rights and Privacy Act of 1974’) and 

section 2441(a). 

‘‘SEC. 5447. STATE USE OF GRANT FUNDS. 

‘‘(a) RESERVATION FOR SUBGRANTS TO SUPPORT TECHNOLOGY INFRASTRUCTURE.—Each State educational agency that receives a 

grant under section 101(b)(2) shall expend not less 90 percent of 

the grant amount for each fiscal year to award subgrants to local 

educational agencies in accordance with section 5448. 

‘‘(b) RESERVATION FOR STATE ACTIVITIES.— 

‘‘(1) IN GENERAL.—A State educational agency shall reserve 

not more than 10 percent of the grant received under section 

101(b)(2) for the State activities described in subsection (c). 

‘‘(2) GRANT ADMINISTRATION.—Of the amount reserved by a 

State educational agency under paragraph (1), the State educational agency may reserve not more than 1 percent or 3 percent, in the case of a State educational agency awarding subgrants under section 104(a)(2), for the administration of the 

grant under this title, except that a State educational agency 

that forms a State purchasing consortium under subsection 

(d)— 

‘‘(A) may reserve an additional 1 percent to carry out the 

activities described in subsection (d)(1); and 

‘‘(B) shall receive direct approval from the local educational agencies receiving subgrants under section 104(a) 

from the State educational agency prior to reserving more 

than the additional percentage authorized under subparagraph (A) to carry out the activities described in subsection 

(d)(1). 

‘‘(c) PRIORITY.—In awarding subgrants under this subpart, the 

State educational agency shall give priority to local educational 

agencies proposing to target services to— 

‘‘(1) students in schools in need of support or high-priority 

schools; and 

‘‘(2) schools with a high percentage or number of students 

that are eligible for free or reduced price lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et 

seq.). 

‘‘(c) STATE ACTIVITIES.—A State educational agency shall use 

funds described in subsection (b) to carry out each of the following: 


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‘‘(1) Except for the awarding of subgrants in accordance with 

section 104, activities described in the State educational agency’s application under section 102(b). 

‘‘(2) Providing technical assistance to local educational agencies to— 

‘‘(A) identify and address technology readiness needs; 

‘‘(B) redesign curriculum and instruction, improve educational productivity, and deliver computer-based and online assessment; 

‘‘(C) use technology, consistent with the principles of universal design for learning, as described in section 

5429(b)(21), to support the learning needs of all students 

including students with disabilities and English-language 

learners; 

‘‘(D) support principals to have the expertise to evaluate 

teachers’ proficiency in implementing digital tools for 

teaching and learning; and 

‘‘(E) build capacity of individual school and local educational agency leaders. 

‘‘(3) Developing or utilizing research-based or innovative 

strategies for the delivery of specialized or rigorous academic 

courses and curricula through the use of technology, including 

digital learning technologies and assistive technology. 

‘‘(4) Integrating and coordinating activities under this title 

with other educational resources and programs across the 

State. 

‘‘(5) Disseminating information, including making publicly 

available on the Websites of the State educational agency 

promising practices to improve technology instruction, and acquiring and implementing technology tools and applications. 

‘‘(6) Ensuring that teachers, paraprofessionals, library and 

media personnel, specialized instructional support personnel, 

and administrators possess the knowledge and skills to use 

technology— 

‘‘(A) for curriculum redesign to change teaching and 

learning and improve student achievement; 

‘‘(B) for formative and summative assessment administration, data analysis, and to personalize learning; 

‘‘(C) to improve student technology literacy; 

‘‘(D) to expand the range of supports and accommodations available to English-language learners and students 

with disabilities; and 

‘‘(E) for their own ongoing professional development and 

for access to teaching resources and tools. 

‘‘(7) Coordinating with teacher and school leader preparation 

programs to— 

‘‘(A) align digital learning teaching standards; and 

‘‘(B) provide ongoing professional development for teachers and school leaders that is aligned to State student 

technology standards and activities promoting college-andcareer readiness. 

‘‘(d) PURCHASING CONSORTIA.— 

‘‘(1) IN GENERAL.—A State educational agency receiving a 

grant under section 101(b)(2) may— 


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‘‘(A) form a State purchasing consortium with 1 or more 

State educational agencies receiving such a grant to carry 

out the State activities described in clause, including purchasing eligible technology; 

‘‘(B) encourage local educational agencies to form local 

purchasing consortia under section 104(c)(4); and 

‘‘(C) promote pricing opportunities to local educational 

agencies for the purchase of eligible technology that are— 

‘‘(i) negotiated by the State educational agency or 

the State purchasing consortium of the State educational agency; and 

‘‘(ii) available to such local educational agencies. 

‘‘(2) RESTRICTIONS.—A State educational agency receiving a 

grant under section 101(b)(2) may not— 

‘‘(A) except for promoting the pricing opportunities described in paragraph (1)(C), make recommendations to 

local educational agencies for or require use of any specific 

commercial products and services by local educational 

agencies; 

‘‘(B) require local educational agencies to participate in 

a State purchasing consortia or local purchasing consortia; 

or 

‘‘(C) use more than the reservation amount authorized 

for the administration of the grant under subsection (b) to 

carry out the activities described in paragraph (1), unless 

the State educational agency receives approval in accordance with subsection (b)(2)(B). 

‘‘SEC. 5448. LOCAL SUBGRANTS. 

‘‘(a) SUBGRANTS.— 

‘‘(1) GRANTS TO LOCAL EDUCATIONAL AGENCIES.—From the 

grant funds provided under section 101(b)(2) to a State educational agency that are remaining after the State educational 

agency makes reservations under section 104(b) for any fiscal 

year and subject to paragraph (2), the State educational agency 

shall award subgrants for the fiscal year to local educational 

agencies served by the State educational agency and with an 

approved application under subsection (b) by allotting to each 

such local educational agency an amount that bears the same 

relationship to the remainder as the amount received by the 

local educational agency under part A of title I for such year 

bears to the amount received by all such local educational 

agencies under such part for such year, except that no local 

educational agency may receive less than $5,000. 

‘‘(2) COMPETITIVE GRANTS TO LOCAL EDUCATIONAL AGENCIES.—If the amount of funds appropriated under section 5459 

is less than $750,000,000 for any fiscal year, a State educational agency— 

‘‘(A) shall not award subgrants under paragraph (1); and 

‘‘(B) shall— 

‘‘(i) award subgrants, on a competitive basis, to local 

educational agencies based on the quality of applications submitted under (b), including— 

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pleted by local educational agencies submitting 

such applications; and 

‘‘(II) the technology plans described in subsection (b)(3) and how the local educational agencies with such plans will carry out the alignment 

and coordination described in such subsection; and 

‘‘(ii) ensure that such subgrants are of sufficient size 

and scope to carry out the local activities described in 

subsection (c). 

‘‘(3) DEFINITION OF LOCAL EDUCATIONAL AGENCY FOR CERTAIN

FISCAL YEARS.—For purposes of awarding subgrants under 

paragraph (2), the term ‘local educational agency’ means— 

‘‘(A) a local educational agency; 

‘‘(B) an educational service agency; or 

‘‘(C) a local educational agency and an educational service agency. 

‘‘(b) APPLICATION.—A local educational agency that desires to receive a subgrant under subsection (a) shall submit an application 

to the State at such time, in such manner, and accompanied by 

such information as the State educational agency may require, including— 

‘‘(1) a description of how the local educational agency will— 

‘‘(A) carry out the goals described in subparagraphs (A) 

through (C) of section 101(b)(1); and 

‘‘(B) enable schools served by the agency to build the 

technological capacity and infrastructure (including 

through local purchasing of eligible technology), necessary 

for the full implementation of on-line assessments for all 

students (including students with disabilities and Englishlanguage learners) and to— 

‘‘(i) ensure the interoperability of data systems and 

eligible technology; and 

‘‘(ii) carry out the goals described in subparagraphs 

(A) through (C) of section 101(b)(1); and 

‘‘(C) align activities funded under this subpart with 

school improvement plans, when applicable, described 

under section 1116(b)(3); 

‘‘(2) a description of the results of the technology readiness 

survey completed by the local educational agency and a description of the plan for the local educational agency to meet 

the goals described in paragraph (1) within 3 years of completing the survey; 

‘‘(3) a description of the local educational agency’s technology 

plan to carry out paragraphs (1) and (3) and how the agency 

will align and coordinate the activities under this section with 

other activities across the local educational agency; 

‘‘(4) a description of the team of educators that will coordinate and carry out the activities under this section, including 

individuals with responsibility and expertise in instructional 

technology, teachers that specialize in supporting students 

with disabilities and English-language learners, school leaders, 

technology officers, and staff responsible for assessments and 

data analysis; 


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‘‘(5) a description of how the local educational agency will 

evaluate teachers’ proficiency and progress in implementing 

technology for teaching and learning; 

‘‘(6) a description of how the local educational agency will ensure that principals have the expertise to evaluate teachers’ 

proficiency and progress in implementing technology for teaching and learning and the interoperability of data systems and 

eligible technology; 

‘‘(7) a description of the local educational agency’s procurement process and process for the creation, acquisition, distribution, and use of content, how the local educational agency will 

ensure integrity of such processes, and how such processes 

support the goals described in paragraph (1) or how a local 

educational agency will change such processes to support such 

goals, and how the local educational agency will ensure content 

quality; 

‘‘(8) a description of how the local educational agency will 

carry out activities under subsection (c); 

‘‘(9) a description of how the subgrant funds received under 

subsection (a) will be coordinated with and supported by other 

Federal, State, and local funds to support activities under this 

title; 

‘‘(10) a description of how the local educational agency will 

ensure that the subgrant received under subsection (a) is not 

duplicative of support received under the E-rate program; and 

‘‘(11) an assurance that the local educational agency will protect the privacy and safety of students and teachers, consistent 

with requirements section 444 of the General Education Provisions Act (20 U.S.C. 1232g) (commonly known as the ‘Family 

Educational Rights and Privacy Act of 1974’) and section 

2441(a). 

‘‘(c) USE OF FUNDS.— 

‘‘(1) TECHNOLOGY INFRASTRUCTURE.—Subject to paragraph 

(3), a local educational agency receiving a subgrant under subsection (a) shall use not less than 35 percent of such funds to 

support activities for the acquisition of eligible technology 

needed to— 

‘‘(A) except for the activities described in paragraph (2), 

carry out activities described in the application submitted 

under subsection (b), including purchasing devices, equipment, and software applications, and improving 

connectivity to and within schools; and 

‘‘(B) address readiness shortfalls identified under the 

technology readiness survey completed by the local educational agency. 

‘‘(2) PROFESSIONAL DEVELOPMENT FOR DIGITAL LEARNING.— 

Subject to paragraph (3), a local educational agency receiving 

a subgrant under subsection (a)— 

‘‘(A) shall use not less than 40 percent of such funds to 

carry out— 

‘‘(i) digital age professional development opportunities for teachers, paraprofessionals, library and media 

personnel, specialized instructional support personnel, 

technology coordinators, and administrators in the effective use of modern information and communication 


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technology tools and digital resources to deliver instruction, curriculum and school classroom management, including for classroom teachers to assess, support, and provide engaging student learning opportunities, including professional development that— 

‘‘(I) is ongoing, sustainable, and scalable; 

‘‘(II) is participatory; 

‘‘(III) includes communication and regular interactions with instructors, facilitators, and peers 

and is directly related to up-to-date teaching 

methods in content areas; 

‘‘(IV) includes strategies and tools for improving 

communication with parents and family engagement; 

‘‘(V) may be built around active professional 

learning communities or online communities of 

practice or other tools that increase collaboration 

among teachers across schools, local educational 

agencies, or States; and 

‘‘(VI) may contain on-demand components, such 

as instructional videos, training documents, or 

learning modules; 

‘‘(ii) ongoing professional development in strategies, 

pedagogy, and assessment in the core academic subjects that involve the use of technology and curriculum 

redesign as key components of supporting effective, innovative teaching and learning, and improving student 

achievement; 

‘‘(iii) ongoing professional development in the use of 

educational technologies to ensure every educator 

achieves and maintains technology literacy, including 

possessing and maintaining the knowledge and skills 

to use technology— 

‘‘(I) across the curriculum for student learning; 

‘‘(II) for real-time data analysis and online or 

digital assessment to enable individualized instruction; and 

‘‘(III) to develop and maintain student technology literacy; 

‘‘(iv) ongoing professional development for school 

leaders to provide and promote leadership in the use 

of— 

‘‘(I) educational technology to ensure a digitalage learning environment, including the capacity 

to lead the reform or redesign of curriculum, instruction, assessment; and 

‘‘(II) data through the use of technology in order 

to increase student learning opportunity, student 

technology literacy, student access to technology, 

and student engagement in learning; and 

‘‘(v) a review of the effectiveness of the professional 

development and regular intervals of learner feedback 

and data; and 

‘‘(B) may use such funds for— 


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‘‘(i) the use of technology coaches to work directly 

with teachers, including through the preparation of 

teachers as technology leaders or master teachers— 

‘‘(I) who are provided with the means to serve 

as experts and to create professional development 

opportunities for other teachers in the effective 

use of technology; and 

‘‘(II) who may leverage technologies, such as distance learning and online virtual educator-to-educator peer communities, as a means to support ongoing, participatory professional growth around 

the integration of effective educational technologies; 

‘‘(ii) innovative approaches to ongoing professional 

development such as non-standard achievement recognition strategies, including digital badging, 

gamification elements, use of learner-created learning 

objects, integration of social and professional networking tools, rating and commenting on learning artifacts, and personalization of professional development; and 

‘‘(iii) any other activities required to carry out the 

local educational agency’s technology plan described in 

subsection (b)(4). 

‘‘(3) MODIFICATION OF FUNDING ALLOCATIONS.—A State educational agency may authorize a local educational agency to 

modify the percentage of the local educational agency’s 

subgrant funds required to carry out the activities described in 

paragraphs (1) or (2) if the local educational agency demonstrates that such modification will assist the local educational agency in more effectively carrying out such activities. 

‘‘(4) PURCHASING CONSORTIA.—Local educational agencies receiving subgrants under subsection (a) may— 

‘‘(A) form a local purchasing consortia with other such 

local educational agencies to carry out the activities described in this subsection, including purchasing eligible 

technology; and 

‘‘(B) use such funds for purchasing eligible technology 

through a State purchasing consortia under section 103(d). 

‘‘SEC. 5449. REPORTING. 

‘‘(a) LOCAL EDUCATIONAL AGENCIES.—Each local educational 

agency receiving a subgrant under section 104 shall submit to the 

State educational agency that awarded such subgrant an annual 

report the meets the requirements of subsection (c). 

‘‘(b) STATE EDUCATIONAL AGENCIES.—Each State educational 

agency receiving a grant under section 101(b)(2) shall submit to the 

Secretary an annual report that meets the requirements of subsection (c). 

‘‘(c) REPORT REQUIREMENTS.—A report submitted under subsection (a) or (b) shall include, at a minimum, a description of— 

‘‘(1) the status of the State education agency’s plan described 

in section 102(b)(3) or local educational agency’s technology 

plan under section 104(b)(4), as applicable; 


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‘‘(2) the categories of eligible technology acquired and types 

of programs funded under this title and how such technology 

is being used; 

‘‘(3) the professional development activities funded under 

this title, including types of activities and entities involved in 

providing such professional development; and 

‘‘(4) information on the impact of the grant on students and 

student outcomes, such as— 

‘‘(A) the number of and demographic information about 

students who are served under this subpart; 

‘‘(B) student achievement, student growth, and graduation rates of such students; 

‘‘(C) college-and-career readiness data about such students, such as rates of credit accumulation, course taking 

and completion, and college enrollment and persistence; 

‘‘(D) student attendance and participation rates; 

‘‘(E) student engagement and discipline; 

‘‘(F) school climate and teacher working conditions; 

‘‘(G) increases in inclusion of students with disabilities 

and English-language learners; and 

‘‘(H) such other information the Secretary may require 

or other information State educational agencies or local 

educational agencies served under this subpart propose to 

include, as approved by the Secretary. 

‘‘SEC. 5450. INVESTING IN INNOVATION. 

‘‘From the amounts appropriated under section 5459, the Secretary may reserve up to 30 percent to— 

‘‘(1) fund the identification, development, evaluation, and expansion of innovative, evidence-based practices, programs, and 

strategies in order to significantly— 

‘‘(A) increase student academic achievement and decrease achievement gaps; 

‘‘(B) increase secondary school graduation rates; 

‘‘(C) increase college enrollment rates, rates of college 

persistence, and rates of attainment of other post-secondary credentials; 

‘‘(D) improve teacher and principal effectiveness or retention of highly effective teachers or principals; and 

‘‘(E) increase the identification and dissemination of innovative educational strategies in rural areas; and 

‘‘(2) support the rapid development, expansion, and adoption 

of tools and resources that improve the efficiency, effectiveness, 

or pace of adoption of such educational practices, programs, 

and strategies. 

‘‘SEC. 5451. ESTABLISHMENT OF THE ADVANCED RESEARCH PROJECT 

AGENCY-EDUCATION. 

‘‘(a) PROGRAM ESTABLISHED.—From the amounts appropriated 

under section 5459, the Secretary may reserve up to 5 percent to— 

‘‘(1) establish and carry out the Advanced Research Projects 

Agency-Education (in this section referred to as ‘ARPA–ED)’ 

to— 

‘‘(A) identify and promote advances in learning, fundamental and applied sciences, and engineering that may be 

translated into new learning technologies; 


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‘‘(B) develop, test, and evaluate new learning technologies and related processes; and 

‘‘(C) accelerate transformational technological advances 

in education; 

‘‘(2) convene an advisory panel under subsection (d); and 

‘‘(3) carry out the evaluation and dissemination requirements 

under subsection (e). 

‘‘(b) APPOINTMENTS.— 

‘‘(1) DIRECTOR.—ARPA–ED shall be under the direction of 

the Director of ARPA–ED, who shall be appointed by the Secretary. 

‘‘(2) QUALIFIED INDIVIDUALS.—The Secretary shall appoint, 

for a term of not more than 4 years, qualified individuals who 

represent scientific, engineering, professional, and other personnel with expertise in carrying out the activities described in 

this section to positions in ARPA–ED, at rates of compensation 

determined by the Secretary, without regard to the provisions 

of title 5, United States Code, except that such rates of compensation shall not to exceed the rate for level I of the Executive Schedule under section 5312 of such title. 

‘‘(c) FUNCTIONS OF ARPA–ED.—Upon consultation with the advisory panel convened under subsection (d), the Secretary shall select 

public and private entities to carry out the activities described in 

subsection (a)(1) by— 

‘‘(1) awarding such entities grants, contracts, cooperative 

agreements, or cash prizes; or 

‘‘(2) entering into such other transactions with such entities 

as the Secretary may prescribe in regulations. 

‘‘(d) ADVISORY PANEL.— 

‘‘(1) IN GENERAL.—The Secretary shall convene an advisory 

panel to advise and consult with the Secretary, Director, and 

the qualified individuals appointed under subsection (b)(2) 

on— 

‘‘(A) ensuring that the awards made and transaction entered into under subsection (c) are consistent with the purposes described in subsection (a)(1); and 

‘‘(B) ensuring the relevance, accessibility, and utility of 

such awards and transactions to education practitioners. 

‘‘(2) APPOINTMENT OF MEMBERS.—The Secretary shall appoint the following qualified individuals to serve on the advisory panel: 

‘‘(A) Education practitioners. 

‘‘(B) Experts in technology. 

‘‘(C) Specialists in rapid gains in student achievement 

and school turnaround. 

‘‘(D) Specialists in personalized learning. 

‘‘(E) Researchers, including at least one representative 

from a comprehensive center established under 203 of the 

Educational Technical Assistance Act of 2002 (20 U.S.C. 

9602) or the regional laboratories system established 

under section 174 of the Education Sciences Reform Act 

(20 U.S.C. 9564). 

‘‘(F) Other individuals with expertise who will contribute 

to the overall rigor and quality of ARPA–ED. 


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‘‘(3) APPLICABILITY OF FACA.—The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the panel convened under this subsection and any appointee to such panel 

shall not be considered an ‘employee’ under section 2105 of 

title 5, United States Code. 

‘‘(e) EVALUATION AND DISSEMINATION.— ‘‘(1) EVALUATION.—The Secretary shall obtain independent, 

periodic, and rigorous evaluation of— 

‘‘(A) the effectiveness of the processes ARPA–Ed is using 

to achieve the purposes described in subsection (a)(1); 

‘‘(B) the relevance, accessibility, and utility of the 

awards made and transactions entered into under subsection (c) to education practitioners; and 

‘‘(C) the effectiveness of the projects carried out through 

such awards and transactions, using evidence standards 

developed in consultation with the Institute of Education 

Sciences, and the suitability of such projects for further investment or increased scale. 

‘‘(2) DISSEMINATION AND USE.—The Secretary shall disseminate information to education practitioners, including teachers, 

principals, and local and State superintendents, on effective 

practices and technologies developed under ARPA–ED, as appropriate, through— 

‘‘(A) the comprehensive centers established under 203 of 

the Educational Technical Assistance Act of 2002 (20 

U.S.C. 9602); 

‘‘(B) the regional laboratories system established under 

section 174 of the Education Sciences Reform Act (20 

U.S.C. 9564); and 

‘‘(C) such other means as the Secretary determines to be 

appropriate. 

‘‘(f) ADMINISTRATIVE REQUIREMENTS.—Notwithstanding section 

437(d) of the General Education Provisions Act (20 U.S.C. 1232(d)), 

the Secretary shall establish such processes as may be necessary 

for the Secretary to manage and administer ARPA–ED, which are 

not constrained by other Department of Education-wide administrative requirements that may prevent ARPA–ED from carrying 

out the purposes described in subsection (a)(1). 

‘‘SEC. 5452. NATIONAL ACTIVITIES. 

‘‘(a) IN GENERAL.—Subject to subsection (b), the Secretary shall 

reserve not more than 10 percent of the funds reserved under this 

section for each fiscal year to carry out activities of national significance, which may include— 

‘‘(1) technical assistance, including to applicants from rural 

areas; 

‘‘(2) pre-application workshops or web-based seminars for potential applicants, including applicants from rural areas; 

‘‘(3) the recruitment of peer reviewers, including individuals 

with a background in rural education and individuals with expertise in education technology, to participate in the review of 

applications submitted under section 5354; 

‘‘(4) dissemination of best practices, in consultation with the 

regional educational laboratories established under part D of 

the Education Sciences Reform Act of 2002 (20 U.S.C. 9561 et 

seq.) and comprehensive centers established under section 203 


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of the Educational Technical Assistance Act of 2002 (20 U.S.C. 

9602), developed with grant funds provided under this part, including best practices developed with grant funds in rural 

areas; 

‘‘(5) entering into partnerships with other agencies, nonprofits, and the private sector to carry out advanced research 

and development activities, including research and activities in 

rural areas; and 

‘‘(6) carrying out prize awards, in a manner consistent with 

section 24 of the Stevenson-Wydler Technology Innovation Act 

of 1980 (15 U.S.C. 3719). 

‘‘(b) RESERVATION OF FUNDS FOR DISSEMINATION.—The Secretary 

shall reserve not less than 50 percent of the funds reserved under 

this section to carry out the dissemination activities described in 

subsection (a)(4). 

‘‘SEC. 5453. PROGRAM AUTHORIZED; LENGTH OF GRANTS; PRIORITIES. 

‘‘(a) PROGRAM AUTHORIZATION.—From the amounts appropriated 

under this section and not reserved under section 5452, the Secretary shall award grants, on a competitive basis, to eligible entities to carry out the activities described in section 5455. 

‘‘(b) DURATION OF GRANTS.—The Secretary shall award grants to 

eligible entities under this section for a period of not more than 3 

years, and may extend such grants for an additional 2-year period 

if the eligible entity demonstrates to the Secretary that it is making significant progress on the program performance measures 

identified in section 5456. 

‘‘(c) RURAL AREAS.—The Secretary shall ensure that not less than 

25 percent of the funds awarded under this section for any fiscal 

year are for projects that meet both of the following requirements: 

‘‘(1) The eligible entity is— 

‘‘(A) a local educational agency with an urban-centric 

district locale code of 32, 33, 41, 42, or 43, as determined 

by the Secretary; 

‘‘(B) a consortium of such local educational agencies; or 

‘‘(C) an educational service agency or a nonprofit organization with demonstrated expertise in serving students 

from rural areas. 

‘‘(2) A majority of the schools to be served by the project are 

designated with a school locale code of 41, 42, or 43, or a combination of such codes, as determined by the Secretary. 

‘‘(d) SUPPORT FOR NEW PRACTICES, STRATEGIES, OR PROGRAMS.— 

The Secretary shall ensure that not less than one-half of the funds 

awarded under this section for any fiscal year are for projects 

that— 

‘‘(1) meet an evidence standard described in paragraph (2) or 

(3) of subsection (f); and 

‘‘(2) do not meet the evidence standard described in paragraph (1) of subsection (f). 

‘‘(e) PRIORITIES.—In awarding grants under this section, the Secretary may give priority to an eligible entity that includes, in its 

application under section 5354, a plan to— 

‘‘(1) improve early learning outcomes and academic connections between early learning and elementary school; 

‘‘(2) support college access, persistence, and success; 

‘‘(3) support family and community engagement; 


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‘‘(4) address the unique learning needs of students with disabilities or English language learners; 

‘‘(5) support the effective use of education technology to improve teaching and learning; 

‘‘(6) improve the teaching and learning of science, technology, 

engineering, computing, or mathematics; 

‘‘(7) serve schools in rural local educational agencies; 

‘‘(8) train teachers or principals to adopt and implement college and career ready standards; 

‘‘(9) develop alternative career pathways or differentiated 

school staffing models for effective teachers or principals to expand their impact on student learning; 

‘‘(10) train or support principals or teacher leaders, including 

teacher leaders preparing for principal roles; 

‘‘(11) support, improve, or develop any other area of school 

innovation, as determined by the Secretary; and 

‘‘(12) address the learning needs of Indian, Native American, 

Alaska Native, or migrant children in school. 

‘‘(f) STANDARDS OF EVIDENCE.—The Secretary shall set standards 

for the quality of evidence that an eligible entity shall provide to 

demonstrate that the activities the eligible entity proposes to carry 

out with grant funds under this section are likely to succeed in improving student outcomes or outcomes on other performance measures. These standards may include any of the following: 

‘‘(1) Strong evidence that the activities proposed by the eligible entity will have a statistically significant effect on student 

academic achievement, student growth, graduation rates, or 

outcomes on other performance measures. 

‘‘(2) Moderate evidence that the activities proposed by the eligible entity will improve student academic achievement, student growth, graduation rates, or outcomes on other performance measures. 

‘‘(3) Evidence of promise or a strong theory that the activities 

proposed by the eligible entity will improve student academic 

achievement, student growth, graduation rates, or outcomes on 

other performance measures. 

‘‘SEC. 5454. APPLICATIONS. 

‘‘(a) APPLICATIONS.—An eligible entity that desires to receive a 

grant under section 5453 shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. 

‘‘(b) CONTENTS.—Each application submitted by an eligible entity 

under subsection (a) shall— 

‘‘(1) describe the project for which the eligible entity is seeking a grant and how the evidence supporting that project 

meets the standards of evidence established by the Secretary 

under section 5453(f); 

‘‘(2) describe how the eligible entity will address at least one 

of the areas described in section 5455(a)(1); 

‘‘(3) provide an estimate of the number of students that the 

eligible entity plans to serve under the proposed project, including the percentage of those students who are from low-income families, and the number of students to be served 

through additional expansion after the grant ends; 


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‘‘(4) demonstrate that the eligible entity has established one 

or more partnerships with the private sector, which may include philanthropic organizations, and that the partner or 

partners will provide matching funds, except that the Secretary may waive, on a case-by-case basis, the matching funds 

requirement under this paragraph upon a showing of exceptional circumstances, such as the difficulty of raising matching 

funds for a project to serve a rural area; 

‘‘(5) describe the eligible entity’s plan for continuing the proposed project after the grant funding under section 5453 ends, 

including a plan for dissemination of best practices and collaboration with other local educational agencies; 

‘‘(6) demonstrate that the proposed project has incorporated 

input and feedback from educators working in the area to be 

served; 

‘‘(7) if the eligible entity is a local educational agency— 

‘‘(A) document the local educational agency’s record in— 

‘‘(i) increasing student achievement, including 

achievement for each subgroup described in section 

1111(b)(2)(C)(v); or 

‘‘(ii) decreasing achievement gaps; and 

‘‘(B) demonstrate how the local educational agency has 

made significant improvements in other outcomes, as applicable, on the performance measures described in section 

5456; 

‘‘(8) if the eligible entity is a nonprofit organization— 

‘‘(A) provide evidence that the nonprofit organization has 

helped at least one high-need school or high-need local 

educational agency significantly— 

‘‘(i) increase student achievement, including achievement for each subgroup described in section 

1111(b)(2)(C)(v); 

‘‘(ii) reduce achievement gaps; or 

‘‘(iii) increase graduation rates; and 

‘‘(B) describe how the nonprofit organization has helped 

at least 1 school or local educational agency make a significant improvement, as applicable, in other outcomes on the 

performance measures described in section 5456; 

‘‘(9) if the eligible entity is an educational service agency— 

‘‘(A) provide evidence that the agency has helped at least 

one high-need school or high-need local educational agency 

significantly— 

‘‘(i) increase student achievement, including achievement for each subgroup described in section 

1111(b)(2)(C)(v); 

‘‘(ii) reduce achievement gaps; or 

‘‘(iii) increase graduation rates; and 

‘‘(B) describe how the agency has helped at least 1 school 

or local educational agency make a significant improvement, as applicable, in other outcomes on the performance 

measures described in section 5456; 

‘‘(10) provide a description of the eligible entity’s plan for 

independently evaluating the effectiveness of activities carried 

out with funds under section 5453; 

‘‘(11) provide an assurance that the eligible entity will— 


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‘‘(A) cooperate with cross-cutting evaluations; 

‘‘(B) make evaluation data available to third parties for 

validation and further study consistent with protections 

established by applicable Federal, State, and local privacy 

requirements and other on provisions on the protection of 

personally identifiable information; and 

‘‘(C) participate in communities of practice; and 

‘‘(12) if the eligible entity is a nonprofit organization that intends to make subgrants, consistent with section 5455(b), provide an assurance that the eligible entity will apply paragraphs (1) through (10), as appropriate, in the eligible entity’s 

selection of subgrantees and in the oversight of such subgrants. 

‘‘(c) CRITERIA FOR EVALUATING APPLICATIONS.—The Secretary 

shall award grants under section 5453 on a competitive basis, 

based on the quality of the applications under this section submitted and, consistent with the standards established under section 5453(f), each eligible entity’s likelihood of achieving success in 

improving student outcomes or outcomes on other performance 

measures. 

‘‘SEC. 5455. USES OF FUNDS. 

‘‘(a) USES OF FUNDS.—Each eligible entity that receives a grant 

under section 5453— 

‘‘(1) shall use the grant funds to address, at a minimum, one 

of the following areas of school innovations: 

‘‘(A) Improving the effectiveness and distribution of 

teachers or principals. 

‘‘(B) Strengthening the use of data to improve teaching 

and learning. 

‘‘(C) Providing high-quality instruction based on rigorous 

standards that build toward college and career readiness 

and measuring students’ mastery using high-quality assessments aligned to those standards. 

‘‘(D) Turning around the lowest-performing schools. 

‘‘(E) Supporting the effective use of technology to improve teaching or principals and learning, including training teachers or principals in the innovative use of technology. 

‘‘(F) Any other area of school innovation, as determined 

by the Secretary; 

‘‘(2) shall use those funds to develop or expand strategies to 

improve the performance of high-need students on the performance measures described in section 5456; and 

‘‘(3) may use the grant funds for an independent evaluation, 

as required by section 5454(b)(9), of the innovative practices 

carried out with the grant. 

‘‘(b) AUTHORITY TO SUBGRANT.—In the case of an eligible entity 

receiving a grant under section 5453 that is nonprofit organization 

such eligible entity may use the grant funds to make subgrants to 

other entities to provide support to one or more high-need schools 

or high-need local educational agencies. Any entity receiving a 

subgrant under this subsection shall comply with the requirements 

of this part for eligible entities, as appropriate. 


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‘‘SEC. 5456. PERFORMANCE MEASURES. 

‘‘(a) IN GENERAL.—The Secretary shall establish performance 

measures for the projects carried out under this part. These measures, at a minimum, shall track an eligible entity’s progress in— 

‘‘(1) improving outcomes for each subgroup described in section 1111(b)(2)(C)(v) that is served by the grantee on measures, 

including, as applicable, by— 

‘‘(A) increasing student achievement and decreasing 

achievement gaps; 

‘‘(B) increasing secondary school graduation rates; 

‘‘(C) increasing college enrollment rates and rates of college persistence; 

‘‘(D) improving teacher and principal effectiveness or the 

retention of highly effective teachers or principals; 

‘‘(E) improving school readiness; or 

‘‘(F) any other indicator as the Secretary or grantee may 

determine; and 

‘‘(2) implementing the eligible entity’s project in rural 

schools, as applicable. 

‘‘(b) DATA COLLECTION PERIOD.—From the amounts appropriated 

under this section, the Secretary may— 

‘‘(1) approve, for an eligible entity receiving a grant under 

section 5453, a data collection period of not more than 72 

months beginning after the end of the eligible entity’s grant period; and 

‘‘(2) provide the eligible entity with funding during such period for the sole purpose of collecting, analyzing, and reporting 

performance information under this subsection on the project 

carried out during the grant period. 

‘‘SEC. 5457. ANNUAL REPORT. 

‘‘An eligible entity that receives a grant under section 5453 shall 

submit to the Secretary, at such time and in such manner as the 

Secretary may require, an annual report that includes information 

on— 

‘‘(1) the eligible entity’s progress on the performance measures established under section 5456; and 

‘‘(2) the data supporting such progress. 

‘‘SEC. 5458. DEFINITIONS. 

‘‘In this part: 

‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible entity’ means— 

‘‘(A) a local educational agency; 

‘‘(B) an educational service agencies; or 

‘‘(C) a nonprofit organization in partnership with a local 

educational agency or consortium of schools. 

‘‘(2) HIGH-NEED LOCAL EDUCATIONAL AGENCY.—The term 

‘high-need local educational agency’ means a local educational 

agency— 

‘‘(A) that serves not fewer than 10,000 children from 

families with incomes below the poverty line; 

‘‘(B) for which not less than 20 percent of the children 

served by the agency are from families with incomes below 

the poverty line; or 

‘‘(C) that is in the highest quartile of local educational 

agencies in the State, based on student poverty. 


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‘‘(3) HIGH-NEED SCHOOL.—The term ‘high-need school’’ 

means— 

‘‘(A) an elementary school or middle school in which not 

less than 50 percent of the enrolled students are children 

eligible for free or reduced price lunch under the Richard 

B. Russell National School Lunch Act (42 U.S.C. 1751 et 

seq.); 

‘‘(B) a high school in which not less than 40 percent of 

the enrolled students are children eligible for free or reduced price lunch under the Richard B. Russell National 

School Lunch Act (42 U.S.C. 1751 et seq.), which may be 

calculated using comparable data from feeder schools. 

‘‘(4) PRINCIPAL.—The term ‘principal’ includes an assistant 

principal. 

‘‘(5) TEACHER.—The term ‘teacher’ includes teacher leaders. 

‘‘(6) TEACHER LEADER.—The term ‘teacher leader’ means a 

teacher who has demonstrated effectiveness and assumes leadership responsibilities to work with other teachers to raise student achievement in multiple classrooms. 

‘‘SEC. 5459. AUTHORIZATION. 

‘‘There are authorized to be appropriated to carry out this subpart $750,000,000 for fiscal year 2016 and such sums as may be 

necessary for each of the 4 succeeding fiscal years.’’. 

(b) REPEAL.—Part B of title I (20 U.S.C. 6361 et seq.) is repealed. 

Subtitle D—Family Engagement in 

Education Programs 

SEC. 521. FAMILY ENGAGEMENT IN EDUCATION PROGRAMS. 

Title V of the Act (20 U.S.C. 5101 et seq.) is a amended by adding at the end the following new part: 

‘‘PART E—FAMILY ENGAGEMENT IN 

EDUCATION PROGRAMS 

‘‘SEC. 5701. PURPOSES. 

‘‘The purposes of this part are the following: 

‘‘(1) To provide financial support to organizations to provide 

technical assistance and training to State and local educational 

agencies in the implementation and enhancement of systemic 

and effective family engagement policies, programs, and activities that lead to improvements in student development and 

academic achievement. 

‘‘(2) To assist State educational agencies, local educational 

agencies, community-based organizations, schools, and educators in strengthening partnerships among parents, teachers, 

school leaders, administrators, and other school personnel in 

meeting the educational needs of children and fostering greater 

parental engagement. 

‘‘(3) To support State educational agencies, local educational 

agencies, schools, educators, and parents in developing and 

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dren’s school in order to further the developmental progress of 

children. 

‘‘(4) To coordinate activities funded under this part with parent involvement initiatives funded under section 1118 and 

other provisions of this Act. 

‘‘(5) To assist the Secretary, State educational agencies, and 

local educational agencies in the coordination and integration 

of Federal, State, and local services and programs to engage 

families in education. 

‘‘SEC. 5702. GRANTS AUTHORIZED. 

‘‘(a) STATEWIDE FAMILY ENGAGEMENT CENTERS.—From the 

amount appropriated under section 4306, the Secretary is authorized to award grants for each fiscal year to statewide organizations 

(and consortia of such organizations and State educational agencies), to establish Statewide Family Engagement Centers that provide comprehensive training and technical assistance to State educational agencies, local educational agencies, schools identified by 

State educational agencies and local educational agencies, organizations that support family-school partnerships, and other organizations that carry out parent education and family engagement in 

education programs. 

‘‘(b) MINIMUM AWARD.—In awarding grants under this section, 

the Secretary shall, to the extent practicable, ensure that a grant 

is awarded for a Statewide Family Engagement Center in an 

amount not less than $500,000. 

‘‘SEC. 5703. APPLICATIONS. 

‘‘(a) SUBMISSIONS.—Each statewide organization, or a consortium 

of such an organization and a State educational agency, that desires a grant under this part shall submit an application to the 

Secretary at such time, in such manner, and including the information described in subsection (b). 

‘‘(b) CONTENTS.—Each application submitted under subsection (a) 

shall include, at a minimum, the following: 

‘‘(1) A description of the applicant’s approach to family engagement in education. 

‘‘(2) A description of the support that the Statewide Family 

Engagement Center that will be operated by the applicant will 

have from the applicant, including a letter from the applicant 

outlining the commitment to work with the center. 

‘‘(3) A description of the applicant’s plan for building a statewide infrastructure for family engagement in education, that 

includes— 

‘‘(A) management and governance; 

‘‘(B) statewide leadership; and 

‘‘(C) systemic services for family engagement in education. 

‘‘(4) A description of the applicant’s demonstrated experience 

in providing training, information, and support to State educational agencies, local educational agencies, schools, educators, parents, and organizations on family engagement in 

education policies and practices that are effective for parents 

(including low-income parents) and families, English learners, 

minorities, parents of students with disabilities, parents of 

homeless students, foster parents and students, and parents of 


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migratory students, including evaluation results, reporting, or 

other data exhibiting such demonstrated experience. 

‘‘(5) An assurance that the applicant will— 

‘‘(A) establish a special advisory committee, the membership of which includes— 

‘‘(i) parents, who shall constitute a majority of the 

members of the special advisory committee; 

‘‘(ii) representatives of education professionals with 

expertise in improving services for disadvantaged children; 

‘‘(iii) representatives of local elementary schools and 

secondary schools, including students; 

‘‘(iv) representatives of the business community; and 

‘‘(v) representatives of State educational agencies 

and local educational agencies; 

‘‘(B) use not less than 65 percent of the funds received 

under this part in each fiscal year to serve local educational agencies, schools, and community-based organizations that serve high concentrations of disadvantaged students, including English learners, minorities, parents of 

students with disabilities, parents of homeless students, 

foster parents and students, and parents of migratory students; 

‘‘(C) operate a Statewide Family Engagement Center of 

sufficient size, scope, and quality to ensure that the Center 

is adequate to serve the State educational agency, local 

educational agencies, and community-based organizations; 

‘‘(D) ensure that the Center will retain staff with the 

requisite training and experience to serve parents in the 

State; 

‘‘(E) serve urban, suburban, and rural local educational 

agencies and schools; 

‘‘(F) work with— 

‘‘(i) other Statewide Family Engagement Centers assisted under this part; and 

‘‘(ii) parent training and information centers and 

community parent resource centers assisted under sections 671 and 672 of the Individuals with Disabilities 

Education Act; 

‘‘(G) use not less than 30 percent of the funds received 

under this part for each fiscal year to establish or expand 

technical assistance for evidence-based parent education 

programs; 

‘‘(H) provide assistance to State educational agencies 

and local educational agencies and community-based organizations that support family members in supporting student academic achievement; 

‘‘(I) work with State educational agencies, local educational agencies, schools, educators, and parents to determine parental needs and the best means for delivery of 

services to address such needs; and 

‘‘(J) conduct sufficient outreach to assist parents, including parents who the applicant may have a difficult time 

engaging with a school or local educational agency. 


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‘‘SEC. 5704. USES OF FUNDS. 

‘‘(a) IN GENERAL.—Grantees shall use grant funds received under 

this part, based on the needs determined under section 

4303(b)(5)(I), to provide training and technical assistance to State 

educational agencies, local educational agencies, and organizations 

that support family-school partnerships, and activities, services, 

and training for local educational agencies, school leaders, educators, and parents— 

‘‘(1) to assist parents in participating effectively in their children’s education and to help their children meet college and career ready standards, such as assisting parents— 

‘‘(A) to engage in activities that will improve student 

academic achievement, including understanding how they 

can support learning in the classroom with activities at 

home and in afterschool and extracurricular programs; 

‘‘(B) to communicate effectively with their children, 

teachers, school leaders, counselors, administrators, and 

other school personnel; 

‘‘(C) to become active participants in the development, 

implementation, and review of school-parent compacts, 

family engagement in education policies, and school planning and improvement; 

‘‘(D) to participate in the design and provision of assistance to students who are not making academic progress; 

‘‘(E) to participate in State and local decisionmaking; 

‘‘(F) to train other parents; and 

‘‘(G) to help the parents learn and use technology applied in their children’s education; 

‘‘(2) to develop and implement, in partnership with the State 

educational agency, statewide family engagement in education 

policy and systemic initiatives that will provide for a continuum of services to remove barriers for family engagement in 

education and support school reform efforts; and 

‘‘(3) to develop, implement, and assess parental involvement 

policies under sections 1112 and 1118. 

‘‘(b) MATCHING FUNDS FOR GRANT RENEWAL.—For each fiscal 

year after the first fiscal year for which an organization or consortium receives assistance under this section, the organization or consortium shall demonstrate in the application that a portion of the 

services provided by the organization or consortium is supported 

through non-Federal contributions, which may be in cash or inkind. 

‘‘(c) TECHNICAL ASSISTANCE.—The Secretary shall reserve not 

more than 2 percent of the funds appropriated under section 4306 

to carry out this part to provide technical assistance, by grant or 

contract, for the establishment, development, and coordination of 

Statewide Family Engagement Centers. 

‘‘(d) RULE OF CONSTRUCTION.—Nothing in this section shall be 

construed to prohibit a Statewide Family Engagement Center 

from— 

‘‘(1) having its employees or agents meet with a parent at a 

site that is not on school grounds; or 

‘‘(2) working with another agency that serves children. 

‘‘(e) PARENTAL RIGHTS.—Notwithstanding any other provision of 

this section— 


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‘‘(1) no person (including a parent who educates a child at 

home, a public school parent, or a private school parent) shall 

be required to participate in any program of parent education 

or developmental screening under this section; and 

‘‘(2) no program or center assisted under this section shall 

take any action that infringes in any manner on the right of 

a parent to direct the education of their children. 

‘‘SEC. 5705. FAMILY ENGAGEMENT IN INDIAN SCHOOLS. 

‘‘The Secretary of the Interior, in consultation with the Secretary 

of Education, shall establish, or enter into contracts and cooperative agreements with local Indian or Indian-serving nonprofit parent organizations to establish and operate Family Engagement 

Centers. 

‘‘SEC. 5706. AUTHORIZATION OF APPROPRIATIONS. 

‘‘There are authorized to be appropriated to carry out this part 

$30,000,000 for fiscal year 2016 and such sums as may be necessary for subsequent fiscal years.’’. 

Subtitle E—Fast Track to College 

SEC. 531. SHORT TITLE. 

This subtitle may be cited as the ‘‘Fast Track to College Act of 

2013’’. 

SEC. 532. PURPOSE. 

The purpose of this subtitle is to increase secondary school graduation rates and the percentage of students who complete a recognized postsecondary credential by the age of 26, including among 

low-income students and students from other populations underrepresented in higher education. 

SEC. 533. DEFINITIONS. 

For purposes of this subtitle: 

(1) DUAL ENROLLMENT PROGRAM.—The term ‘‘dual enrollment program’’ means an academic program through which a 

secondary school student is able simultaneously to earn credit 

toward a secondary school diploma and a postsecondary degree 

or credential. 

(2) EARLY COLLEGE HIGH SCHOOL.—The term ‘‘early college 

high school’’ means a secondary school that provides a course 

of study that enables a student to earn a secondary school diploma and either an associate’s degree or one to two years of 

postsecondary credit toward a postsecondary degree or credential. 

(3) EDUCATIONAL SERVICE AGENCY.—The term ‘‘educational 

service agency’’ has the meaning given such term in section 

9101(17) of the Elementary and Secondary Education Act of 

1965 (20 U.S.C. 7801(17)). 

(4) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means a 

local educational agency, which may be an educational service 

agency, in a collaborative partnership with an institution of 

higher education. Such partnership also may include other entities, such as a nonprofit organization with experience in 

youth development. 


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(5) INSTITUTION OF HIGHER EDUCATION.—The term ‘‘institution of higher education’’ has the meaning given such term in 

section 101 of the Higher Education Act of 1965 (20 U.S.C. 

1001). 

(6) LOCAL EDUCATIONAL AGENCY.—The term ‘‘local educational agency’’ has the meaning given such term in section 

9101(26) of the Elementary and Secondary Education Act of 

1965 (20 U.S.C. 7801(26)). 

(7) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of Education. 

(8) LOW-INCOME STUDENT.—The term ‘‘low-income student’’ 

means a student described in section 1113(a)(5) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 

6313(a)(5)). 

SEC. 534. AUTHORIZATION OF APPROPRIATIONS; RESERVATIONS. 

(a) IN GENERAL.—To carry out this subtitle, there are authorized 

to be appropriated $150,000,000 for fiscal year 2014 and such sums 

as may be necessary for each of fiscal years 2015 through 2019. 

(b) EARLY COLLEGE HIGH SCHOOLS.—The Secretary shall reserve 

not less than 45 percent of the funds appropriated under subsection 

(a) to support early college high schools under section 535. 

(c) DUAL ENROLLMENT PROGRAMS.—The Secretary shall reserve 

not less than 45 percent of such funds to support dual enrollment 

programs (other than early college high schools) under section 535. 

(d) STATE GRANTS.—The Secretary shall reserve 10 percent of 

such funds, or $10,000,000, whichever is less, for grants to States 

under section 539. 

SEC. 535. AUTHORIZED PROGRAM. 

(a) IN GENERAL.—The Secretary is authorized to award 6-year 

grants to eligible entities seeking to establish a new, or support an 

existing, early college high school or other dual enrollment program 

in accordance with section 536. 

(b) GRANT AMOUNT.—The Secretary shall ensure that grants are 

of sufficient size to enable grantees to carry out all required activities and otherwise meet the purposes of this subtitle, except that 

a grant under this section may not exceed $2,000,000. 

(c) MATCHING REQUIREMENT.— 

(1) IN GENERAL.—An eligible entity shall contribute matching 

funds toward the costs of the early college high school or other 

dual enrollment program to be supported under this section, of 

which not less than half shall be from non-Federal sources, 

which funds shall represent not less than the following: 

(A) Twenty percent of the grant amount received in each 

of the first and second years of the grant. 

(B) Thirty percent in each of the third and fourth years. 

(C) Forty percent in the fifth year. 

(D) Fifty percent in the sixth year. 

(2) DETERMINATION OF AMOUNT CONTRIBUTED.—The Secretary shall allow an eligible entity to satisfy the requirement 

of this subsection through in-kind contributions. 

(d) SUPPLEMENT, NOT SUPPLANT.—An eligible entity shall use a 

grant received under this section only to supplement funds that 

would, in the absence of such grant, be made available from nonFederal funds for support of the activities described in the eligible 


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entity’s application under section 537, and not to supplant such 

funds. 

(e) PRIORITY.—In awarding grants under this section, the Secretary shall give priority to applicants— 

(1) that propose to establish or support an early college high 

school or other dual enrollment program that will serve a student population of which 0 percent or more are students counted under section 1113(a)(5) of the Elementary and Secondary 

Education Act of 1965 (20 U.S.C. 6313(a)(5)); and 

(2) from States that provide assistance to early college high 

schools or other dual enrollment programs, such as assistance 

to defray the costs of higher education (including costs of tuition, fees, and textbooks). 

(f) GEOGRAPHIC DISTRIBUTION.—The Secretary shall, to the maximum extent practicable, ensure that grantees are from a representative cross-section of urban, suburban, and rural areas. 

SEC. 536. USES OF FUNDS. 

(a) MANDATORY ACTIVITIES.—An eligible entity shall use grant 

funds received under section 535 to support the activities described 

in its application under section 537, including the following: 

(1) PLANNING YEAR.—In the case of a new early college high 

school or dual enrollment program, during the first year of the 

grant— 

(A) hiring a principal and staff, as appropriate; 

(B) designing the curriculum and sequence of courses in 

collaboration with (at a minimum) teachers from the local 

educational agency and faculty from the partner institution of higher education; 

(C) informing parents and the community about the 

school or program and opportunities to become actively involved in the school or program; 

(D) establishing a course articulation process for defining and approving courses for secondary school and postsecondary credit or credential; 

(E) outreach programs to ensure that secondary school 

students and their families are aware of the early college 

high school or dual enrollment program; 

(F) liaison activities among partners in the eligible entity; and 

(G) coordinating secondary and postsecondary support 

services, academic calendars, and transportation. 

(2) IMPLEMENTATION PERIOD.—During the remainder of the 

grant period— 

(A) academic and social support services, including counseling; 

(B) liaison activities among partners in the eligible entity; 

(C) data collection and use of such data for student and 

instructional improvement and program evaluation; 

(D) outreach programs to ensure that secondary school 

students and their families are aware of the early college 

high school or dual enrollment program; 

(E) professional development, including joint professional 

development for secondary school and faculty from the institution of higher education; and 


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(F) school or program design and planning team activities, including curriculum development. 

(b) ALLOWABLE ACTIVITIES.—An eligible entity may also use 

grant funds received under section 535 otherwise to support the activities described in its application under section 537, including— 

(1) purchasing textbooks and equipment that support the 

school or program’s curriculum; 

(2) developing learning opportunities for students that complement classroom experiences, such as internships, careerbased capstone projects, and opportunities provided under 

chapters 1 and 2 of subpart 2 of part A of title IV of the Higher 

Education Act of 1965 (20 U.S.C. 1070a–11 et seq.); 

(3) transportation; and 

(4) planning time for secondary school and educators from an 

institution of higher education to collaborate. 

SEC. 537. APPLICATION. 

(a) IN GENERAL.—To receive a grant under section 535, an eligible entity shall submit to the Secretary an application at such 

time, in such manner, and including such information as the Secretary determines to be appropriate. 

(b) CONTENTS OF APPLICATION.—At a minimum, the application 

described in subsection (a) shall include a description of— 

(1) the early college high school’s or other dual enrollment 

program’s budget; 

(2) each partner in the eligible entity and its experience with 

early college high schools or other dual enrollment programs, 

key personnel from each partner and their responsibilities for 

the early college high school or dual enrollment program, and 

how the eligible entity will work with secondary and postsecondary teachers, other public and private entities, communitybased organizations, businesses, labor organizations, and parents to ensure that students will be prepared to succeed in 

postsecondary education and employment, which may include 

the development of an advisory board; 

(3) how the eligible entity will target and recruit at-risk 

youth, including those at risk of dropping out of school, first 

generation college students, and students from populations described in section 1111(b)(2)(C)(v)(II) of the Elementary and 

Secondary Education Act of 1965 (20 U.S.C. 

6311(b)(2)(C)(v)(II)); 

(4) a system of student supports including, but not limited 

to, small group activities, tutoring, literacy and numeracy skill 

development in all academic disciplines, parental and community outreach and engagement, extended learning time, and 

college readiness activities, such as early college academic seminars and counseling; 

(5) in the case of an early college high school, how a graduation and career plan will be developed, consistent with State 

graduation requirements, for each student and reviewed each 

semester; 

(6) how parents or guardians of students in the early college 

high school or dually enrolled students will be informed of 

their academic performance and progress and, subject to paragraph (5), involved in the development of their career and 

graduation plan; 


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(7) coordination that will occur between the institution of 

higher education and the local educational agency, including 

regarding academic calendars, provision of student services, 

curriculum development, and professional development; 

(8) how the eligible entity will ensure that teachers in the 

early college high school or other dual enrollment program receive appropriate professional development and other supports, 

including to enable them to utilize effective parent and community engagement strategies, and help English-language learners, students with disabilities, and students from diverse cultural backgrounds to succeed; 

(9) learning opportunities for students that complement 

classroom experiences, such as internships, career-based capstone projects, and opportunities provided under chapters 1 

and 2 of subpart 2 of part A of title IV of the Higher Education 

Act of 1965 (20 U.S.C. 1070a–11 et seq.); 

(10) how policies, agreements, and courses taken will ensure 

that postsecondary credits earned will be transferable to, at a 

minimum, public institutions of higher education within the 

State, consistent with existing statewide articulation agreements; 

(11) student assessments and other measurements of student 

achievement including benchmarks for student achievement; 

(12) outreach programs to provide elementary and secondary 

school students, especially those in middle grades, and their 

parents, teachers, school counselors, and principals information 

about and academic preparation for the early college high 

school or other dual enrollment program; 

(13) how the local educational agency and institution of higher education will work together, as appropriate, to collect and 

use data for student and instructional improvement and program evaluation; 

(14) how the eligible entity will help students meet eligibility 

criteria for postsecondary courses and ensure that students understand how their credits will transfer; and 

(15) how the eligible entity will access and leverage additional resources necessary to sustain the early college high 

school or other dual enrollment program after the grant expires, including by engaging businesses and non-profit organizations. 

(c) ASSURANCES.—An eligible entity’s application under subsection (a) shall include assurances that— 

(1) in the case of an early college high school, the majority 

of courses offered, including postsecondary courses, will be offered at facilities of the institution of higher education; 

(2) students will not be required to pay tuition or fees for 

postsecondary courses; 

(3) postsecondary credits earned will be transcribed upon 

completion of the requisite course work; and 

(4) faculty teaching postsecondary courses meet the normal 

standards for faculty established by the institution of higher 

education. 

(d) WAIVER.—The Secretary may waive the requirement of subsection (c)(1) upon a showing that it is impractical to apply due to 

geographic considerations. 


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SEC. 538. PEER REVIEW. 

(a) PEER REVIEW OF APPLICATIONS.—The Secretary shall establish peer review panels to review applications submitted pursuant 

to section 537 to advise the Secretary regarding such applications. 

(b) COMPOSITION OF PEER REVIEW PANELS.—The Secretary shall 

ensure that each peer review panel is not comprised wholly of fulltime officers or employees of the Federal Government and includes, 

at a minimum— 

(1) experts in the establishment and administration of early 

college high schools or other dual enrollment programs from 

the secondary and postsecondary perspective; 

(2) faculty at institutions of higher education and secondary 

school teachers with expertise in dual enrollment; and 

(3) experts in the education of at-risk students. 

SEC. 539. GRANTS TO STATES. 

(a) IN GENERAL.—The Secretary is authorized to award 5-year 

grants to State agencies responsible for secondary or postsecondary 

education for efforts to support or establish early college high 

schools or other dual enrollment programs. 

(b) GRANT AMOUNT.—The Secretary shall ensure that grants are 

of sufficient size to enable grantees to carry out all required activities. 

(c) MATCHING REQUIREMENT.—A State shall contribute matching 

funds from non-Federal sources toward the costs of carrying out activities under this section, which funds shall represent not less 

than 50 percent of the grant amount. 

(d) PRIORITY.—In awarding grants under this section, the Secretary shall give priority to States that provide assistance to early 

college high schools or other dual enrollment programs, such as assistance to defray the costs of higher education, such as tuition, 

fees, and textbooks. 

(e) APPLICATION.—To receive a grant under this section, a State 

agency shall submit to the Secretary an application at such time, 

in such manner, and including such information as the Secretary 

determines to be appropriate. 

(f) CONTENTS OF APPLICATION.—At a minimum, the application 

described in subsection (e) shall include— 

(1) how the State will carry out all of the required State activities described in subsection (g); 

(2) how the State will identify and eliminate barriers to implementing effective early college high schools and dual enrollment programs after the grant expires, including by engaging 

businesses and non-profit organizations; 

(3) how the State will access and leverage additional resources necessary to sustain early college high schools or other 

dual enrollment programs; and 

(4) such other information as the Secretary determines to be 

appropriate. 

(g) STATE ACTIVITIES.—A State receiving a grant under this section shall use such funds for— 

(1) creating outreach programs to ensure that secondary 

school students, their families, and community members are 

aware of early college high schools and dual enrollment programs in the State; 


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(2) planning and implementing a statewide strategy for expanding access to early college high schools and dual 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 postsecondary degrees and credentials, with a focus on atrisk students, including identifying any obstacles to such a 

strategy under State law or policy; 

(3) providing technical assistance to early college high 

schools and other dual enrollment programs, such as brokering 

relationships and agreements that forge a strong partnership 

between elementary and secondary and postsecondary partners; 

(4) identifying policies that will improve the effectiveness 

and ensure the quality of early college high schools and dual 

enrollment programs, such as access, funding, data and quality 

assurance, governance, accountability and alignment policies; 

(5) planning and delivering statewide training and peer 

learning opportunities for school leaders and teachers from 

early college high schools and dual enrollment programs, which 

may include providing instructional coaches who offer on-site 

guidance; 

(6) disseminating best practices in early college high schools 

and dual enrollment programs from across the State and from 

other States; and 

(7) facilitating statewide data collection, research and evaluation, and reporting to policymakers and other stakeholders. 

SEC. 540. REPORTING AND OVERSIGHT. 

(a) REPORTING BY GRANTEES.— (1) IN GENERAL.—The Secretary shall establish uniform 

guidelines for all grantees concerning information such grantees annually shall report to the Secretary to demonstrate a 

grantee’s progress toward achieving the goals of this subtitle. 

(2) CONTENTS OF REPORT.—At a minimum, the report described in paragraph (1) shall include, for eligible entities receiving funds under section 535, for students participating in 

the early college high school or other dual enrollment program 

within each category of students described in section 

1111(h)(1)(C)(i) of the Elementary and Secondary Education 

Act of 1965 (20 U.S.C.6311(h)(1)(C)(i)): 

(A) The number of students. 

(B) The percentage of students scoring advanced, proficient, basic, and below basic on the assessments described in section 1111(b)(3) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(3)). 

(C) The performance of students on other assessments or 

measurements of achievement. 

(D) The number of secondary school credits earned. 

(E) The number of postsecondary credits earned. 

(F) Attendance rate, as appropriate. 

(G) Graduation rate. 

(H) Placement in postsecondary education or advanced 

training, in military service, and in employment. 

(I) A description of the school or program’s student, parent, and community outreach and engagement. 


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(b) REPORTING BY SECRETARY.—The Secretary annually shall 

compile and analyze the information described in subsection (a) 

and shall submit a report containing such analysis to the Committee on Health, Education, Labor, and Pensions of the Senate 

and the Committee on Education and Labor of the House of Representatives. The report shall include identification of best practices for achieving the goals of this subtitle. 

(c) MONITORING VISITS.—The Secretary’s designee shall visit each 

grantee at least once for the purpose of helping the grantee achieve 

the goals of this subtitle and to monitor the grantee’s progress toward achieving such goals. 

(d) NATIONAL EVALUATION.—Not later than 6 months after the 

date on which funds are appropriated to carry out this subtitle, the 

Secretary shall enter into a contract with an independent organization to perform an evaluation of the grants awarded under this 

subtitle. Such evaluation shall apply rigorous procedures to obtain 

valid and reliable data concerning participants’ outcomes by social 

and academic characteristics and monitor the progress of students 

from secondary school to and through postsecondary education. 

(e) TECHNICAL ASSISTANCE.—The Secretary shall provide technical assistance to eligible entities concerning best practices in 

early college high schools and dual enrollment programs and shall 

disseminate such best practices among eligible entities and State 

and local educational agencies. 

SEC. 541. RULES OF CONSTRUCTION. 

(a) EMPLOYEES.—Nothing in this subtitle shall be construed to 

alter or otherwise affect the rights, remedies, and procedures afforded to the employees of local educational agencies (including 

schools) or institutions of higher education under Federal, State, or 

local laws (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. 

(b) GRADUATION RATE.—A student who graduates from an early 

college high school supported under this subtitle in the standard 

number of years for graduation described in the eligible entity’s application shall be considered to have graduated on time for purposes of section 1111(b)(2)(C)(6) of the Elementary and Secondary 

Education Act of 1965 (20 U.S.C. 6311(b)(2)(C)(6)). 

TITLE VI—FLEXIBILITY AND 

ACCOUNTABILITY 

SEC. 601. FLEXIBILITY AND ACCOUNTABILITY. 

Title VI (20 U.S.C. 7301 et seq.), as amended by section 110(b), 

is further amended by amending section 6234— 

(1) by striking ‘‘fiscal year 2002’’ and inserting ‘‘fiscal year 

2016’’; and 

(2) by striking ‘‘, to be distributed equally between subparts 

1 and 2’’. 


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TITLE VII—INDIAN, NATIVE HAWAIIAN, 

AND ALASKA NATIVE EDUCATION 

SEC. 701. IN GENERAL. 

Title VII (20 U.S.C. 7401 et seq.) is amended— 

(1) by striking ‘‘Bureau of Indian Affairs’’ each place it appears and inserting ‘‘Bureau of Indian Education’’; 

(2) by striking ‘‘No Child Left Behind Act of 2001’’ each place 

it appears and insert ‘‘Student Success Act’’; and 

(3) in sections 7152, 7205(c), and 7304(d)(1), by striking ‘‘fiscal year 2002’’ each place it appears and inserting ‘‘fiscal year 

2016’’. 

Subtitle A—Indian Education 

SEC. 711. PURPOSE. 

Section 7102 (20 U.S.C. 7402) is amended to read as follows: 

‘‘SEC. 7102. PURPOSE. 

‘‘It is the purpose of this part to support the efforts of local educational agencies, Indian tribes and organizations, postsecondary 

institutions, and other entities— 

‘‘(1) to ensure the academic achievement of American Indian 

and Alaska Native students by meeting their unique cultural, 

language, and educational needs, consistent with section 

1111(c); 

‘‘(2) to ensure that Indian and Alaska Native students gain 

knowledge and understanding of Native communities, languages, tribal histories, traditions, and cultures; and 

‘‘(3) to ensure that principals, teachers, and other staff who 

serve Indian and Alaska Native students have the ability to 

provide culturally appropriate and effective instruction to such 

students.’’. 

PART 1—FORMULA GRANTS TO LOCAL 

EDUCATIONAL AGENCIES 

SEC. 721. FORMULA GRANT PURPOSE. 

Section 7111 (20 U.S.C. 7421) is amended to read as follows: 

‘‘SEC. 7111. PURPOSE. 

‘‘(a) PURPOSE.—It is the purpose of this subpart to support the 

efforts of local educational agencies, Indian tribes and organizations, postsecondary institutions, and other entities to improve the 

academic achievement of American Indian and Alaska Native students by meeting their unique cultural, language, and educational 

needs. 

‘‘(b) PROGRAMS.—This subpart carries out the purpose described 

in subsection (a) by authorizing programs of direct assistance for— 

‘‘(1) meeting the unique educational and culturally related 

academic needs of Indians and Alaska Natives; 

‘‘(2) strengthening American Indian, Native Hawaiian, and 

Alaska Native students’ knowledge of their languages, history, 

traditions, and cultures; 


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‘‘(3) the education of Indian children and adults; 

‘‘(4) the training of Indian persons as educators and counselors, and in other professions serving Indian people; and 

‘‘(5) research, evaluation, data collection, and technical assistance.’’. 

SEC. 722. GRANTS TO LOCAL EDUCATIONAL AGENCIES, TRIBES, AND 

INDIAN ORGANIZATIONS. 

Section 7112 (20 U.S.C. 7422) is amended— 

(1) in subsection (a), by striking ‘‘and Indian tribes’’ and inserting ‘‘, Indian tribes, and Indian organizations’’; 

(2) in subsection (b)(2), by striking ‘‘a reservation’’ and inserting ‘‘an Indian reservation’’; and 

(3) by striking subsection (c) and inserting the following: 

‘‘(c) INDIAN TRIBES AND INDIAN ORGANIZATIONS.— 

‘‘(1) IN GENERAL.—If a local educational agency that is otherwise eligible for a grant under this subpart does not establish 

a committee under section 7114(c)(5) for such grant, an Indian 

tribe, an Indian organization, or a consortium of such entities, 

that represents more than one-half of the eligible Indian children who are served by such local educational agency may 

apply for such grant. 

‘‘(2) UNAFFILIATED INDIAN TRIBES.—An Indian tribe that operates a school and is not affiliated with either the local educational agency or the Bureau of Indian Education shall be eligible to apply for a grant under this subpart. 

‘‘(3) SPECIAL RULE.— 

‘‘(A) IN GENERAL.—The Secretary shall treat each Indian 

tribe, Indian organization, or consortium of such entities 

applying for a grant pursuant to paragraph (1) or (2) as if 

such tribe, Indian organization, or consortium were a local 

educational agency for purposes of this subpart. 

‘‘(B) EXCEPTIONS.—Notwithstanding subparagraph (A), 

such Indian tribe, Indian organization, or consortium shall 

not be subject to the requirements of subsections (b)(7) or 

(c)(5) of section 7114 or section 7118(c) or 7119. 

‘‘(4) ASSURANCE TO SERVE ALL INDIAN CHILDREN.—An Indian 

tribe, Indian organization, or consortium of such entities that 

is eligible to apply for a grant under paragraph (1) shall include, in the application required under section 7114, an assurance that the entity will use the grant funds to provide services to all Indian students served by the local educational 

agency. 

‘‘(d) INDIAN COMMUNITY-BASED ORGANIZATION.— 

‘‘(1) IN GENERAL.—If no local educational agency pursuant to 

subsection (b), and no Indian tribe, Indian organization, or consortium pursuant to subsection (c), applies for a grant under 

this subpart, an Indian community-based organization serving 

the community of the local educational agency may apply for 

such grant. 

‘‘(2) APPLICABILITY OF SPECIAL RULE.—The Secretary shall 

apply the special rule in subsection (c)(3) to a community-based 

organization applying or receiving a grant under paragraph (1) 

in the same manner as such rule applies to an Indian tribe, 

Indian organization, or consortium. 


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‘‘(3) DEFINITION OF INDIAN COMMUNITY-BASED ORGANIZATION.—In this subsection, the term ‘Indian community-based 

organization’ means any organization that— 

‘‘(A) is composed primarily of Indian parents and community members, tribal government education officials, 

and tribal members from a specific community; 

‘‘(B) assists in the social, cultural, and educational development of Indians in such community; 

‘‘(C) meets the unique cultural, language, and academic 

needs of Indian students; and 

‘‘(D) demonstrates organizational capacity to manage the 

grant. 

‘‘(e) CONSORTIA.— 

‘‘(1) IN GENERAL.—A local educational agency, Indian tribe, 

or Indian organization that meets the eligibility requirements 

under this section may form a consortium with other eligible 

local educational agencies, Indian tribes, or Indian organizations for the purpose of obtaining grants and operating programs under this subpart. 

‘‘(2) REQUIREMENTS FOR LOCAL EDUCATIONAL AGENCIES IN

CONSORTIA.—In any case where 2 or more local educational 

agencies that are eligible under subsection (b) form or participate in a consortium to obtain a grant, or operate a program, 

under this subpart, each local educational agency participating 

in such a consortium shall— 

‘‘(A) provide, in the application submitted under section 

7114, an assurance that the eligible Indian children served 

by such local educational agency will receive the services 

of the programs funded under this subpart; and 

‘‘(B) agree to be subject to all requirements, assurances, 

and obligations applicable to a local educational agency receiving a grant under this subpart.’’. 

SEC. 723. AMOUNT OF GRANTS. 

Section 7113(b) (20 U.S.C. 7423(b)) is amended— 

(1) in paragraph (1), by striking ‘‘$3,000’’ and inserting 

‘‘$10,000’’; 

(2) by striking paragraph (2) and redesignating paragraph 

(3) as paragraph (2); and 

(3) in paragraph (2), as so redesignated, by striking ‘‘$4,000’’ 

and inserting ‘‘$15,000’’. 

SEC. 724. APPLICATIONS. 

(a) IN GENERAL.—Section 7114 (20 U.S.C. 7424) is amended— 

(1) in subsection (b)— 

(A) in paragraph (2)— 

(i) in subparagraph (A)— 

(I) by striking ‘‘is consistent with’’ and inserting 

‘‘supports’’; and 

(II) by inserting ‘‘, tribal,’’ after ‘‘State’’; and 

(ii) in subparagraph (B), by striking ‘‘such goals’’ 

and all that follows through the semicolon at the end 

and inserting ‘‘such goals, to ensure such students 

meet the same college and career ready State academic achievement standards under section 1111(b) 

for all children;’’; 


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(B) in paragraph (5)— 

(i) in subparagraph (A), by striking ‘‘and’’ after the 

semicolon; and 

(ii) by adding at the end the following: 

‘‘(C) the parents of Indian children, and representatives 

of Indian tribes, on the committee described in subsection 

(c)(5) will participate in the planning of the professional 

development materials;’’; 

(C) in paragraph (6)— 

(i) in subparagraph (B)— 

(I) by adding at the end the following: 

‘‘(iii) the Indian tribes whose children are served by 

the local educational agency; and’’; and 

(ii) in subparagraph (C), by striking the period at 

the end and inserting ‘‘; and’’; and 

(D) by adding at the end the following: 

‘‘(7) describes— 

‘‘(A) the formal process the local educational agency used 

to collaborate with Indian tribes located in the community 

in the development of the comprehensive programs; and 

‘‘(B) the actions taken as a result of the collaboration.’’; 

(2) in subsection (c)— 

(A) in paragraph (2), by adding at the end the following: 

‘‘(A) determine the extent to which such activities address the unique cultural, language, and educational needs 

of Indian students;’’; 

(B) in paragraph (3)(C), by inserting ‘‘representatives of 

Indian tribes with reservations located within 50 miles of 

any of the schools that have Indian children in any such 

school,’’ after ‘‘Indian children and teachers’’; 

(C) in paragraph (4)(A)— 

(i) by redesignating clauses (ii) and (iii) as clauses 

(iii) and (iv), respectively; and 

(ii) by inserting the following after clause (i): 

‘‘(ii) representatives of Indian tribes with reservations located within 50 miles of any of the schools that 

have children in any such school;’’. 

(D) in subparagraph (4)(B), by adding ‘‘or representatives of Indian tribes described in subparagraph (A)(ii)’’ 

after ‘‘children’’; and 

(E) in subparagraph (4)(D)— 

(i) by striking ‘‘; and’’ at the end of clause (i); and 

(ii) by adding at the end the following: 

‘‘(iii) determined that the program will directly enhance the educational experience of Indian and Alaska 

Native students; and’’; and 

(3) by adding at the end the following: 

‘‘(d) OUTREACH.—The Secretary shall monitor the applications for 

grants under this subpart to identify eligible local educational 

agencies and schools operated by the Bureau of Indian Education 

that have not applied for such grants, and shall undertake appropriate outreach activities to encourage and assist eligible entities 

to submit applications for such grants.’’. 

SEC. 725. AUTHORIZED SERVICES AND ACTIVITIES. 

Section 7115 (20 U.S.C. 7425) is amended— 


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(1) in subsection (b)— 

(A) by inserting before paragraph (2) the following: 

‘‘(1) activities that support Native American language immersion programs and Native American language restoration 

programs,’’; 

(B) in paragraph (3), by striking ‘‘challenging State academic content and student academic achievement standards’’ and inserting ‘‘college and career ready State academic content and student academic achievement standards under section 1111(b)’’; 

(C) by striking paragraph (4) and inserting the following: 

‘‘(4) integrated educational services in combination with 

other programs to meet the unique needs of Indian children 

and their families, including programs that promote parental 

involvement— 

‘‘(A) in school activities; and 

‘‘(B) to increase student achievement;’’; 

(D) by striking paragraph (6) and inserting the following: 

‘‘(6) activities that educate individuals so as to prevent violence, suicide, and substance abuse;’’; 

(E) by striking paragraph (9) and inserting the following: 

‘‘(9) activities that incorporate culturally and linguistically 

relevant curriculum content into classroom instruction that is 

responsive to the unique learning styles of Indian and Alaska 

Native children, and ensures that children are better able to 

meet the college and career ready State academic achievement 

standards under section 1111(b);’’; and 

(F) in paragraph (11) by striking ‘‘children,’’ and all that 

follows through the period and inserting ‘‘children;’’; and 

(G) by adding at the end the following: 

‘‘(12) dropout prevention strategies for Indian and Alaska 

Native students; and 

‘‘(13) strategies to meet the educational needs of at-risk Indian students in correctional facilities, including such strategies that support Indian and Alaska Native students who are 

transitioning from such facilities to schools served by local educational agencies.’’. 

(2) in subsection (c) by adding at the end the following: 

‘‘(3) the local educational agency identifies in its application 

how the use of such funds in a schoolwide program will 

produce benefits to the Indian students that would not be 

achieved if the funds were not used in a schoolwide program.’’. 

SEC. 726. STUDENT ELIGIBILITY FORMS. 

Section 7117(e) (20 U.S.C. 7427(e)) is amended to read as follows: 

‘‘(e) DOCUMENTATION AND TYPES OF PROOF.— 

‘‘(1) TYPES OF PROOF.—For purposes of determining whether 

a child is eligible to be counted for the purpose of computing 

the amount of a grant award under section 7113, the membership of the child, or any parent or grandparent of the child, in 

a tribe or band of Indians (as so defined) may be established 

by proof other than an enrollment number, notwithstanding 

the availability of an enrollment number for a member of such 

tribe or band. Nothing in subsection (b) shall be construed to 

require the furnishing of an enrollment number. 


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‘‘(2) NO NEW OR DUPLICATE DETERMINATIONS.—Once a child 

is determined to be an Indian eligible to be counted for such 

grant award, the local educational agency shall maintain a 

record of such determination and shall not require a new or 

duplicate determination to be made for such child for a subsequent application for a grant under this subpart. 

‘‘(3) PREVIOUSLY FILED FORMS.—An Indian student eligibility 

form that was on file as required by this section on the day before the date of enactment of the Student Success Act and that 

met the requirements of this section, as this section was in effect on the day before the date of enactment of such Act, shall 

remain valid for such Indian student.’’. 

SEC. 727. TECHNICAL ASSISTANCE. 

Subpart 1 of part A of title VII is amended by adding at the end 

the following new section: 

‘‘SEC. 7120. TECHNICAL ASSISTANCE. 

‘‘The Secretary shall, directly or through contract, provide technical assistance to a local educational agency upon request, in addition to any technical assistance available under section 1116 or 

available through the Institute of Education Sciences, to support 

the services and activities described under this section, including 

for the— 

‘‘(1) development of applications under this section; 

‘‘(2) improvement in the quality of implementation, content 

of activities, and evaluation of activities supported under this 

subpart; 

‘‘(3) integration of activities under this title with other educational activities established by the local educational agency; 

and 

‘‘(4) coordination of activities under this title with programs 

administered by each Federal agency providing grants for the 

provision of educational and related services.’’. 

SEC. 728. IMPROVEMENT OF EDUCATIONAL OPPORTUNITIES FOR INDIAN CHILDREN. 

Section 7121(c)(1)(G) (20 U.S.C. 7441(c)(1)(G)) is amended to read 

as follows: 

‘‘(G) high-quality early childhood education programs 

that support children’s school readiness, including kindergarten and prekindergarten programs, family-based preschool programs, and the provision of services to Indian 

children with disabilities;’’. 

PART 2—SPECIAL PROGRAMS AND PROJECTS 

TO IMPROVE EDUCATIONAL OPPORTUNITIES FOR INDIAN CHILDREN 

SEC. 731. PROFESSIONAL DEVELOPMENT FOR TEACHERS AND EDUCATION PROFESSIONALS. 

Section 7122 (20 U.S.C. 7442) is amended— 

(1) in subsection (a), by striking paragraphs (1) and (2) and 

inserting the following: 

‘‘(1) to increase the number of qualified and effective Indian 

teachers and administrators serving Indian students; 


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‘‘(2) to provide training to qualified Indian individuals to become teachers, administrators, social workers, and other educators; and’’; 

(2) by striking subsection (e) and inserting the following: 

‘‘(e) APPLICATION.—Each eligible entity desiring a grant under 

this section shall submit an application to the Secretary at such 

time, in such manner, and accompanied by such information, as the 

Secretary may reasonably require. At a minimum, an application 

under this section shall describe how the eligible entity will— 

‘‘(1) recruit qualified Indian individuals, such as students 

who may not be of traditional college age, to become teachers 

or principals; 

‘‘(2) use funds made available under the grant to support the 

recruitment, preparation, and professional development of Indian teachers or principals in local educational agencies that 

serve a high proportion of Indian students; and 

‘‘(3) assist participants in meeting the requirements under 

subsection (h).’’; and 

(4) by striking subsection (g) and inserting the following: 

‘‘(g) GRANT PERIOD.—The Secretary shall award grants under 

this section for an initial period of not more than 3 years, and may 

renew such grants for not more than an additional 2 years if the 

Secretary finds that the grantee is achieving the objectives of the 

grant.’’. 

PART 3—NATIONAL ACTIVITIES 

SEC. 741. NATIONAL ACTIVITIES. 

Section 7131(c)(2) (20 U.S.C. 7451(c)(2)) is amended by striking 

‘‘Office of Indian Education Programs’’ and inserting ‘‘Bureau of Indian Education’’. 

SEC. 742. IMPROVEMENT OF ACADEMIC SUCCESS FOR STUDENTS 

THROUGH NATIVE AMERICAN LANGUAGE. 

Subpart 3 of part A of title VII (20 U.S.C. 7451 et seq.) is amended by striking sections 7132 through 7136 and inserting the following: 

‘‘SEC. 7132. IMPROVEMENT OF ACADEMIC SUCCESS FOR STUDENTS 

THROUGH NATIVE AMERICAN LANGUAGE. 

‘‘(a) PURPOSE.—It is the purpose of this section to improve educational opportunities and academic achievement of Indian and 

Alaska Native students through Native American language programs and to foster the acquisition of Native American language. 

‘‘(b) DEFINITION OF ELIGIBLE ENTITY.—In this section, the term 

‘eligible entity’ means a State educational agency, local educational 

agency, Indian tribe, Indian organization, federally supported elementary school or secondary school for Indian students, Indian institution (including an Indian institution of higher education), or a 

consortium of such entities. 

‘‘(c) GRANTS AUTHORIZED.—The Secretary shall award grants to 

eligible entities to enable such entities to carry out the following 

activities: 

‘‘(1) Native American language programs that— 


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‘‘(A) provide instruction through the use of a Native 

American language for not less than 10 children for an average of not less than 500 hours per year per student; 

‘‘(B) provide for the involvement of parents, caregivers, 

and families of students enrolled in the program; 

‘‘(C) utilize, and may include the development of, instructional courses and materials for learning Native 

American languages and for instruction through the use of 

Native American languages; 

‘‘(D) provide support for professional development activities; and 

‘‘(E) include a goal of all students achieving— 

‘‘(i) fluency in a Native American language; and 

‘‘(ii) academic proficiency in mathematics, English, 

reading or language arts, and science. 

‘‘(2) Native American language restoration programs that— 

‘‘(A) provide instruction in not less than 1 Native American language; 

‘‘(B) provide support for professional development activities for teachers of Native American languages; 

‘‘(C) develop instructional materials for the programs; 

and 

‘‘(D) include the goal of increasing proficiency and fluency in not less than 1 Native American language. 

‘‘(d) APPLICATION.— 

‘‘(1) IN GENERAL.—An eligible entity that desires to receive a 

grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such 

information as the Secretary may require. 

‘‘(2) CERTIFICATION.—An eligible entity that submits an application for a grant to carry out the activity specified in subsection (c)(1), shall include in such application a certification 

that assures that such entity has experience and a demonstrated record of effectiveness in operating and administering a Native American language program or any other 

educational program in which instruction is conducted in a Native American language. 

‘‘(e) GRANT DURATION.—The Secretary shall award grants under 

this section for an initial period of not more than 3 years, and may 

renew such grants for not more than an additional 2 years if the 

Secretary finds that the grantee is achieving the objectives of the 

grant. 

‘‘(f) DEFINITION.—In this section, the term ‘average’ means the 

aggregate number of hours of instruction through the use of a Native American language to all students enrolled in a Native American language program during a school year divided by the total 

number of students enrolled in the program. 

‘‘(g) ADMINISTRATIVE COSTS.— 

‘‘(1) IN GENERAL.—Except as provided in paragraph (2), not 

more than 5 percent of the funds provided to a grantee under 

this section for any fiscal year may be used for administrative 

purposes. 

‘‘(2) EXCEPTION.—An elementary school or secondary school 

for Indian students that receives funds from a recipient of a 


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grant under subsection (c) for any fiscal year may use not more 

than 10 percent of the funds for administrative purposes. 

‘‘SEC. 7133. IMPROVING STATE AND TRIBAL EDUCATION AGENCY COLLABORATION. 

‘‘The Secretary, in consultation with the Director of the Bureau 

of Indian Education, shall conduct a study of the relationship 

among State educational agencies, local educational agencies, and 

other relevant State and local agencies, and tribes or tribal representatives to— 

‘‘(1) identify examples of best practices in collaboration 

among those entities that result in the provision of better services to Indian students; and 

‘‘(2) provide recommendations on— 

‘‘(A) State educational agency functions that tribal educational agencies could perform; 

‘‘(B) areas and agency functions in which greater State 

educational agency and tribal education agency collaboration is needed; and 

‘‘(C) other steps to reducing barriers to serving Indian 

students, especially such students who are at risk of academic failure.’’. 

Subtitle B—Native Hawaiian Education; 

Alaska Native Education 

SEC. 751. NATIVE HAWAIIAN EDUCATION AND ALASKA NATIVE EDUCATION. 

Title VII (20 U.S.C. 7401 et seq.) is amended— 

(1) in the heading of part B, by inserting ‘‘; ALASKA NATIVE EDUCATION’’ after ‘‘NATIVE HAWAIIAN EDUCATION’’; and 

(2) by inserting before section 7201 the following: 

‘‘Subpart 1—Native Hawaiian Education’’. 

SEC. 752. FINDINGS. 

Section 7202 (20 U.S.C. 7512) is amended to read as follows: 

‘‘SEC. 7202. FINDINGS. 

‘‘Congress finds the following: 

‘‘(1) Native Hawaiians are a distinct and unique indigenous 

people with a historical continuity to the original inhabitants 

of the Hawaiian archipelago, whose society was organized as a 

nation and internationally recognized as a nation by the 

United States, and many other countries. 

‘‘(2) Native Hawaiians have a cultural, historic, and landbased link to the indigenous people who exercised sovereignty 

over the Hawaiian Islands. 

‘‘(3) The political status of Native Hawaiians is comparable 

to that of American Indians and Alaska Natives. 

‘‘(4) The political relationship between the United States and 

the Native Hawaiian people has been recognized and reaffirmed by the United States, as evidenced by the inclusion of 

Native Hawaiians in many Federal statutes, including— 


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‘‘(A) the Native American Programs Act of 1974 (42 

U.S.C. 2991 et seq.); 

‘‘(B) Public Law 95–341 (commonly known as the ‘American Indian Religious Freedom Act’ (42 U.S.C. 1996)); 

‘‘(C) the National Museum of the American Indian Act 

(20 U.S.C. 80q et seq.); 

‘‘(D) the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.); 

‘‘(E) the National Historic Preservation Act (16 U.S.C. 

470 et seq.); 

‘‘(F) the Native American Languages Act (25 U.S.C. 2901 

et seq.); 

‘‘(G) the American Indian, Alaska Native, and Native 

Hawaiian Culture and Art Development Act (20 U.S.C. 

4401 et seq.); 

‘‘(H) the Workforce Investment Act of 1998 (29 U.S.C. 

2801 et seq.); and 

‘‘(I) the Older Americans Act of 1965 (42 U.S.C. 3001 et 

seq.). 

‘‘(5) Many Native Hawaiian students lag behind other students in terms of— 

‘‘(A) school readiness factors; 

‘‘(B) scoring below national norms on education achievement tests at all grade levels; 

‘‘(C) underrepresentation in the uppermost achievement 

levels and in gifted and talented programs; 

‘‘(D) overrepresentation among students qualifying for 

special education programs; 

‘‘(E) underrepresentation in institutions of higher education and among adults who have completed 4 or more 

years of college. 

‘‘(6) The percentage of Native Hawaiian students served by 

the State of Hawaii Department of Education rose 30 percent 

from 1980 to 2008, and there are and will continue to be geographically rural, isolated areas with a high Native Hawaiian 

population density. 

‘‘(7) The Native Hawaiian people are determined to preserve, 

develop, and transmit to future generations their ancestral territory and their cultural identity in accordance with their own 

spiritual and traditional beliefs, customs, practices, language, 

and social institutions.’’. 

SEC. 753. PURPOSES. 

Section 7203 (20 U.S.C. 7513) is amended to read as follows: 

‘‘SEC. 7203. PURPOSES. 

‘‘The purposes of this part are— 

‘‘(1) to develop, implement, assess, and evaluate innovative 

educational programs to improve the academic achievement of 

Native Hawaiian students by meeting their unique cultural 

and language needs in order to help such students meet State 

academic content and achievement standards as described in 

section 1111(b); 

‘‘(2) to provide guidance to appropriate Federal, State, and 

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sources, including resources made available under this part, on 

the development and implementation of— 

‘‘(A) innovative educational programs for Native Hawaiians; 

‘‘(B) rigorous and substantive Native Hawaiian language 

programs; and 

‘‘(C) Native Hawaiian culture-based educational programs; and 

‘‘(3) to create a system by which information from programs 

funded under this part will be collected, analyzed, evaluated, 

reported, and used in decisionmaking activities regarding the 

types of grants awarded under this part.’’. 

SEC. 754. NATIVE HAWAIIAN EDUCATION COUNCIL GRANT. 

Section 7204 (20 U.S.C. 7514) is amended to read as follows: 

‘‘SEC. 7204. NATIVE HAWAIIAN EDUCATION COUNCIL GRANT. 

‘‘(a) GRANT AUTHORIZED.—In order to carry out the purposes of 

this part the Secretary shall award a grant to an education council, 

as described under subsection (b). 

‘‘(b) EDUCATION COUNCIL.— 

‘‘(1) ELIGIBILITY.—To be eligible to receive the grant under 

subsection (a), the council shall be an education council (referred to in this section as the ‘Education Council’) that meets 

the requirements of this subsection. 

‘‘(2) COMPOSITION.—The Education Council shall consist of 

15 members of whom— 

‘‘(A) 1 shall be the President of the University of Hawaii 

(or a designee); 

‘‘(B) 1 shall be the Governor of the State of Hawaii (or 

a designee); 

‘‘(C) 1 shall be the Superintendent of the State of Hawaii 

Department of Education (or a designee); 

‘‘(D) 1 shall be the chairperson of the Office of Hawaiian 

Affairs (or a designee); 

‘‘(E) 1 shall be the executive director of Hawaii’s Charter 

School Network (or a designee); 

‘‘(F) 1 shall be the chief executive officer of the Kamehameha Schools (or a designee); 

‘‘(G) 1 shall be the chairperson of the Queen Liliuokalani 

Trust (or a designee); 

‘‘(H) 1 shall be a member, selected by the other members 

of the Education Council, who represents a private grantmaking entity; 

‘‘(I) 1 shall be the Mayor of the County of Hawaii (or a 

designee); 

‘‘(J) 1 shall be the Mayor of Maui County (or a designee 

from the Island of Maui); 

‘‘(K) 1 shall be the Mayor of the County of Kauai (or a 

designee); 

‘‘(L) 1 shall be appointed by the Mayor of Maui County 

from the Island of either Molokai or Lanai; 

‘‘(M) 1 shall be the Mayor of the City and County of 

Honolulu (or a designee); 

‘‘(N) 1 shall be the chairperson of the Hawaiian Homes 

Commission (or a designee); and 


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‘‘(O) 1 shall be the chairperson of the Hawaii Workforce 

Development Council (or a designee representing the private sector). 

‘‘(3) REQUIREMENTS.—Any designee serving on the Education 

Council shall demonstrate, as determined by the individual 

who appointed such designee with input from the Native Hawaiian community, not less than 5 years of experience as a 

consumer or provider of Native Hawaiian education or cultural 

activities, with traditional cultural experience given due consideration. 

‘‘(4) LIMITATION.—A member (including a designee), while 

serving on the Education Council, shall not be a recipient of 

grant funds that are awarded under this part. 

‘‘(5) TERM OF MEMBERS.—A member who is a designee shall 

serve for a term of not more than 4 years. 

‘‘(6) CHAIR, VICE CHAIR.— 

‘‘(A) SELECTION.—The Education Council shall select a 

Chair and a Vice Chair from among the members of the 

Education Council. 

‘‘(B) TERM LIMITS.—The Chair and Vice Chair shall each 

serve for a 2-year term. 

‘‘(7) ADMINISTRATIVE PROVISIONS RELATING TO EDUCATION

COUNCIL.—The Education Council shall meet at the call of the 

Chair of the Council, or upon request by a majority of the 

members of the Education Council, but in any event not less 

often than every 120 days. 

‘‘(8) NO COMPENSATION.—None of the funds made available 

through the grant may be used to provide compensation to any 

member of the Education Council or member of a working 

group established by the Education Council, for functions described in this section. 

‘‘(c) USE OF FUNDS.—The Education Council shall use funds 

made available through the grant to carry out each of the following 

activities: 

‘‘(1) Providing advice about the coordination of, and serving 

as a clearinghouse for, the educational services and programs 

for Native Hawaiians. 

‘‘(2) Providing direction and guidance, such as through the 

issuance of reports and recommendations, to appropriate Federal, State, and local agencies in order to focus and improve 

the use of resources relating to Native Hawaiian education. 

‘‘(3) provide technical assistance to Native Hawaiian organizations that are grantees or potential grantees under this part; 

‘‘(4) assessing and evaluating the individual and aggregate 

impact of grants and activities funded under this part and how 

well they meet the needs of Native Hawaiians, including information and data about— 

‘‘(A) the effectiveness of such grantees in meeting the 

educational priorities established by the Education Council, as described in paragraph (6)(D), using metrics related 

to these priorities; and 

‘‘(B) the effectiveness of such grantees in carrying out 

any of the activities described in section 7205(c) that are 

related to the specific goals and purposes of each grantee’s 

grant project, using metrics related to these priorities; 


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‘‘(5) assess and define the educational needs of Native Hawaiians; and 

‘‘(6) may use funds to hire an executive director to enable the 

Council to carry out the activities described in this subsection. 

‘‘(e) USE OF FUNDS FOR COMMUNITY CONSULTATIONS.—The Education Council shall use funds made available though the grant 

under subsection (a) to hold not less than 1 community consultation each year on each of the islands of Hawaii, Maui, Molokai, 

Lanai, Oahu, and Kauai, at which— 

‘‘(1) not less than 3 members of the Education Council shall 

be in attendance; 

‘‘(2) the Education Council shall gather community input regarding— 

‘‘(A) current grantees under this part, as of the date of 

the consultation; 

‘‘(B) priorities and needs of Native Hawaiians; and 

‘‘(C) other Native Hawaiian education issues; and 

‘‘(3) the Education Council shall report to the community on 

the outcomes of the activities supported by grants awarded 

under this part. 

‘‘(f) REPORTS.— ‘‘(1) ANNUAL EDUCATION COUNCIL REPORT.—The Education 

Council shall use funds made available through the grant 

under this section to prepare and submit to the Secretary, before the end of each calendar year, annual reports that contain— 

‘‘(A) a description of the activities of the Education 

Council during the preceding calendar year; 

‘‘(B) recommendations of the Education Council, if any, 

regarding priorities to be established under section 

7205(b); 

‘‘(C) significant barriers to achieving the goals under this 

subpart; 

‘‘(D) a summary of each community consultation session, 

as described in subsection (d); and 

‘‘(E) recommendations to establish funding priorities 

based on an assessment of— 

‘‘(i) the educational needs of Native Hawaiians; 

‘‘(ii) programs and services currently available to address such needs, including the effectiveness of such 

programs in improving educational performance of Native Hawaiians; and 

‘‘(iii) priorities for funding in specific geographic 

communities. 

‘‘(2) REPORT BY THE SECRETARY.—Not later than 2 years after 

the date of enactment of the Student Success Act, the Secretary shall prepare and submit to the Committee on Indian 

Affairs of the Senate and the authorizing committees a report 

that— 

‘‘(A) summarizes the annual reports of the Education 

Council; 

‘‘(B) describes the allocation and use of funds under this 

subpart and the information gathered since the first annual report submitted by the Education Council to the Secretary under this section; and 


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‘‘(C) contains recommendations for changes in Federal, 

State, and local policy to advance the purposes of this subpart. 

‘‘(g) FUNDING.—For each fiscal year, the Secretary shall use the 

amount described in section 7206(d)(2), to make a payment under 

the grant. Funds made available through the grant shall remain 

available until expended.’’. 

SEC. 755. GRANT PROGRAM AUTHORIZED. 

Section 7205 (20 U.S.C. 7515 et seq.) is amended to read as follows: 

‘‘SEC. 7205. GRANT PROGRAM AUTHORIZED. 

‘‘(a) GRANTS AND CONTRACTS.—In order to carry out programs 

that meet the purposes of this part, the Secretary is authorized to 

award grants to, or enter into contracts with— 

‘‘(1) Native Hawaiian educational organizations; 

‘‘(2) Native Hawaiian community-based organizations; 

‘‘(3) public and private nonprofit organizations, agencies, and 

institutions with experience in developing or operating Native 

Hawaiian education and workforce development programs or 

programs of instruction in the Native Hawaiian language; 

‘‘(4) charter schools; or 

‘‘(5) consortia of the organizations, agencies, and institutions 

described in paragraphs (1) through (4). 

‘‘(b) PRIORITY.—In awarding grants and entering into contracts 

under this part, the Secretary shall give priority to— 

‘‘(1) programs that meet the educational priority recommendations of the Education Council, as described under 

section 7204(d)(6)(E); 

‘‘(2) programs designed to improve the academic achievement 

of Native Hawaiian students by meeting their unique cultural 

and language needs in order to help such students meet State 

academic content and achievement standards as described in 

Section 1111(b) including the use of Native Hawaiian language 

and preservation or reclamation of Native Hawaiian culturebased educational practices; and 

‘‘(3) programs in which a local educational agency, institution 

of higher education, or a State educational agency apply for a 

grant or contract as part of a partnership or consortium with 

a nonprofit entity serving underserved communities within the 

Native Hawaiian population. 

‘‘(c) AUTHORIZED ACTIVITIES.—Activities provided through programs carried out under this part may include— 

‘‘(1) the development and maintenance of a statewide Native 

Hawaiian early education system to provide a continuum of 

high-quality early learning services for Native Hawaiian children; 

‘‘(2) the operation of family-based education centers that provide such services as— 

‘‘(A) programs for Native Hawaiian parents and students; 

‘‘(B) early education programs for Native Hawaiians; and 

‘‘(C) research on, and development and assessment of, 

family-based, early childhood, and preschool programs for 

Native Hawaiians; 


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‘‘(3) activities that enhance beginning reading and literacy in 

either the Hawaiian or the English language among Native 

Hawaiian students; 

‘‘(4) activities to meet the special needs of Native Hawaiian 

students with disabilities, including— 

‘‘(A) the identification of such students and their needs; 

‘‘(B) the provision of support services to the families of 

such students; and 

‘‘(C) other activities consistent with the requirements of 

the Individuals with Disabilities Education Act; 

‘‘(5) activities that address the special needs of Native Hawaiian students who are gifted and talented, including— 

‘‘(A) educational, psychological, and developmental activities designed to assist in the educational progress of 

such students; and 

‘‘(B) activities that involve the parents of such students 

in a manner designed to assist in the educational progress 

of such students; 

‘‘(6) the development of academic and vocational curricula to 

address the needs of Native Hawaiian students, including curricular materials in the Hawaiian language and mathematics 

and science curricula that incorporate Native Hawaiian tradition and culture; 

‘‘(7) professional development activities for educators, including— 

‘‘(A) the development of programs to prepare prospective 

teachers to address the unique needs of Native Hawaiian 

students within the context of Native Hawaiian culture, 

language, and traditions; 

‘‘(B) in-service programs to improve the ability of teachers who teach in schools with high concentrations of Native Hawaiian students to meet the unique needs of such 

students; and 

‘‘(C) the recruitment and preparation of Native Hawaiians, and other individuals who live in communities with 

a high concentration of Native Hawaiians, to become 

teachers; 

‘‘(8) the operation of community-based learning centers that 

address the needs of Native Hawaiian students, parents, families, and communities through the coordination of public and 

private programs and services, including— 

‘‘(A) early education programs; 

‘‘(B) before, after, and Summer school programs, expanded learning time, or weekend academies; 

‘‘(C) career and technical education programs; and 

‘‘(D) programs that recognize and support the unique 

cultural and educational needs of Native Hawaiian children, and incorporate appropriately qualified Native Hawaiian elders and seniors; 

‘‘(9) activities, including program co-location, that ensure Native Hawaiian students graduate college and career ready including— 

‘‘(A) family literacy services; 

‘‘(B) counseling, guidance, and support services for students; and 


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‘‘(C) professional development activities designed to help 

educators improve the college and career readiness of Native Hawaiian students; 

‘‘(10) research and data collection activities to determine the 

educational status and needs of Native Hawaiian children and 

adults; 

‘‘(11) other research and evaluation activities related to programs carried out under this part; and 

‘‘(12) other activities, consistent with the purposes of this 

part, to meet the educational needs of Native Hawaiian children and adults. 

‘‘(d) ADDITIONAL ACTIVITIES.—Notwithstanding any other provision of this part, funds made available to carry out this section as 

of the day before the date of enactment of the Student Success Act 

shall remain available until expended. The Secretary may use such 

funds to support the following: 

‘‘(1) The repair and renovation of public schools that serve 

high concentrations of Native Hawaiian students. 

‘‘(2) The perpetuation of, and expansion of access to, Hawaiian culture and history, such as through digital archives. 

‘‘(3) Informal education programs that promote traditional 

Hawaiian knowledge, science, astronomy, and the environment 

through State museums or learning centers. 

‘‘(4) Public charter schools serving high concentrations of Native Hawaiian students. 

‘‘(e) ADMINISTRATIVE COSTS.— 

‘‘(1) IN GENERAL.—Except as provided in paragraph (2), not 

more than 5 percent of funds provided to a recipient of a grant 

or contract under this section for any fiscal year may be used 

for administrative purposes. 

‘‘(2) EXCEPTION.—The Secretary may waive the requirement 

of paragraph (1) for a nonprofit entity that receives funding 

under this section and allow not more than 10 percent of funds 

provided to such nonprofit entity under this section for any fiscal year to be used for administrative purposes.’’. 

SEC. 756. ADMINISTRATIVE PROVISIONS; AUTHORIZATION OF APPROPRIATIONS. 

Section 7206 (20 U.S.C. 7516) is amended to read as follows: 

‘‘SEC. 7206. ADMINISTRATIVE PROVISIONS. 

‘‘(a) APPLICATION REQUIRED.—No grant may be made under this 

part, and no contract may be entered into under this part, unless 

the entity seeking the grant or contract submits an application to 

the Secretary at such time, in such manner, and containing such 

information as the Secretary may determine to be necessary to 

carry out the provisions of this part. 

‘‘(b) DIRECT GRANT APPLICATIONS.—The Secretary shall provide a 

copy of all direct grant applications to the Education Council. 

‘‘(c) SUPPLEMENT NOT SUPPLANT.— 

‘‘(1) IN GENERAL.—Except as provided in paragraph (2), funds 

made available under this part shall be used to supplement, 

and not supplant, any State or local funds used to achieve the 

purposes of this part. 


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‘‘(2) EXCEPTION.—Paragraph (1) shall not apply to any nonprofit entity or Native Hawaiian community-based organization that receives a grant or other funds under this part. 

‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— 

‘‘(1) IN GENERAL.—There are authorized to be appropriated to 

carry out this section, and sections 7204 and 7205, such sums 

as may be necessary for fiscal year 2016 and each of the 5 succeeding fiscal years. 

‘‘(2) RESERVATION.—Of the funds appropriated under this 

subsection, the Secretary shall reserve, for each fiscal year 

after the date of enactment of the Student Success Act not less 

than $500,000 for the grant to the Education Council under 

section 7204. 

‘‘(3) AVAILABILITY.—Funds appropriated under this subsection shall remain available until expended.’’. 

SEC. 757. DEFINITIONS. 

Section 7207 (20 U.S.C. 7517) is amended— 

(1) by redesignating paragraphs (1) through (6) as paragraphs (2) through (7), respectively; and 

(2) by inserting before paragraph (2) (as redesignated by 

paragraph (1)) the following: 

‘‘(1) COMMUNITY CONSULTATION.—The term ‘community consultation’ means a public gathering— 

‘‘(A) to discuss Native Hawaiian education concerns; and 

‘‘(B) about which the public has been given not less than 

30 days notice.’’. 

SEC. 758. ALASKA NATIVE EDUCATION. 

(a) IN GENERAL.—Subpart B of title VII (20 U.S.C. 7511 et seq.) 

is further amended by adding at the end the following: 

‘‘Subpart C—Alaska Native Education 

‘‘SEC. 7301. SHORT TITLE. 

‘‘This part may be cited as the ‘Alaska Native Educational Equity, Support, and Assistance Act’. 

‘‘SEC. 7302. FINDINGS. 

‘‘Congress finds and declares the following: 

‘‘(1) It is the policy of the Federal Government to maximize 

the leadership of and participation by Alaska Native peoples in 

the planning and the management of Alaska Native education 

programs and to support efforts developed by and undertaken 

within the Alaska Native community to improve educational 

opportunity for all students. 

‘‘(2) Many Alaska Native children enter and exit school with 

serious educational disadvantages. 

‘‘(3) Overcoming the magnitude of the geographic challenges, 

historical inequities, and other barriers to successfully improving educational outcomes for Alaska Native students in rural, 

village, and urban settings is challenging. Significant disparities between academic achievement of Alaska Native students 

and non-Native students continues, including lower graduation 

rates, increased school dropout rates, and lower achievement 

scores on standardized tests. 


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‘‘(4) The preservation of Alaska Native cultures and languages and the integration of Alaska Native cultures and languages into education, positive identity development for Alaska 

Native students, and local, place-based, and culture-based programming are critical to the attainment of educational success 

and the long-term well-being of Alaska Native students. 

‘‘(5) Improving educational outcomes for Alaska Native students increases access to employment opportunities. 

‘‘(6) The programs and activities authorized under this part 

give priority to Alaska Native organizations as a means of increasing Alaska Native parents’ and community involvement in 

the promotion of academic success of Alaska Native students. 

‘‘(7) The Federal Government should lend support to efforts 

developed by and undertaken within the Alaska Native community to improve educational opportunity for Alaska Native 

students. In 1983, pursuant to Public Law 98–63, Alaska 

ceased to receive educational funding from the Bureau of Indian Affairs. The Bureau of Indian Education does not operate 

any schools in Alaska, nor operate or fund Alaska Native education programs. The program under this part supports the 

Federal trust responsibility of the United States to Alaska Natives. 

‘‘SEC. 7303. PURPOSES. 

‘‘The purposes of this part are as follows: 

‘‘(1) To recognize and address the unique educational needs 

of Alaska Natives in order to help such students meet State 

academic content and achievement standards as described in 

1111(b). 

‘‘(2) To recognize the role of Alaska Native languages and 

cultures in the educational success and long-term well-being of 

Alaska Native students. 

‘‘(3) To integrate Alaska Native cultures and languages into 

education, develop Alaska Native students’ positive identity, 

and support local place-based and culture-based curriculum 

and programming. 

‘‘(4) To authorize the development, management, and expansion of effective supplemental educational programs to benefit 

Alaska Native people. 

‘‘(5) To provide direction and guidance to appropriate Federal, State, and local agencies to focus resources, including resources made available under this part, on meeting the educational needs of Alaska Natives. 

‘‘(6) To ensure the maximum participation by Alaska Native 

educators and leaders in the planning, development, implementation, management, and evaluation of programs designed 

to serve Alaska Natives students, and to ensure Alaska Native 

organizations play a meaningful role in providing supplemental 

educational services to Alaska Native students. 

‘‘SEC. 7304. PROGRAM AUTHORIZED. 

‘‘(a) GENERAL AUTHORITY.— ‘‘(1) GRANTS AND CONTRACTS.—To carry out programs that 

meet the purposes of this subpart, the Secretary is authorized 

to make grants to, or enter into contracts with: 

‘‘(A) Alaska Native Organizations; and 


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‘‘(B) Alaska Native Organizations that are in partnership with State educational agencies and local educational 

agencies. 

‘‘(2) MANDATORY ACTIVITIES.—Activities provided through the 

programs carried out under this part shall include the following which shall only be provided specifically in the context 

of elementary and secondary education: 

‘‘(A) The development and implementation of plans, 

methods, strategies, and activities to improve the academic 

achievement of Alaska Native students by meeting their 

unique cultural and language needs in order to help such 

students meet State academic content and achievement 

standards as described in section 1111(b). 

‘‘(B) The collection of data to assist in the evaluation of 

the programs carried out under this part. 

‘‘(3) PERMISSIBLE ACTIVITIES.—Activities provided through 

programs carried out under this part may include the following 

which shall only be provided specifically in the context of elementary and secondary education: 

‘‘(A) The development of curricula and programs that address the educational needs of Alaska Native students, including the following: 

‘‘(i) Curriculum materials that reflect the cultural 

diversity, languages, history, or the contributions of 

Alaska Native people. 

‘‘(ii) Instructional programs that make use of Alaska 

Native languages and cultures. 

‘‘(iii) Networks that develop, test, and disseminate 

best practices and introduce successful programs, materials, and techniques to meet the educational needs 

of Alaska Native students in urban and rural schools. 

‘‘(iv) Methods to evaluate teachers’ inclusion of diverse Alaska Native cultures in their lesson plans. 

‘‘(B) Training and professional development activities for 

educators, including the following: 

‘‘(i) Pre-service and in-service training and professional development programs to prepare teachers to 

develop appreciation for, and understanding of, Alaska 

Native history, cultures, values, ways of knowing and 

learning in order to effectively address the cultural diversity and unique needs of Alaska Native students 

and incorporate them into lesson plans. 

‘‘(ii) Recruitment and preparation of Alaska Natives, 

and other individuals who live in communities with 

high a concentration of Alaska Natives, to become 

teachers. 

‘‘(iii) Programs that will lead to the certification and 

licensing of Alaska Native teachers, principals, and superintendents. 

‘‘(C) The development and operation of student enrichment programs, including those in science, technology, engineering, and mathematics that— 

‘‘(i) are designed to prepare Alaska Native students 

to excel in such subjects; 


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‘‘(ii) provide appropriate support services to enable 

such students to benefit from the programs; and 

‘‘(iii) include activities that recognize and support 

the unique cultural and educational needs of Alaska 

Native children, and incorporate appropriately qualified Alaska Native elders and other tradition bearers. 

‘‘(D) Research and data collection activities to determine 

the educational status and needs of Alaska Native children 

and other such research and evaluation activities related 

to programs funded under this subpart. 

‘‘(E) Activities designed to increase Alaska Native students’ graduation rates and prepare Alaska Native students to be college or career ready upon graduation from 

high school, such as— 

‘‘(i) Remedial and enrichment programs; and 

‘‘(ii) Culturally based education programs such as— 

‘‘(I) programs of study and other instruction in 

Alaska Native history and ways of living to share 

the rich and diverse cultures of Alaska Native 

peoples among Alaska Native youth and elders, 

non-Native students, teachers, and the larger 

community; 

‘‘(II) instructing Alaska Native youth in leadership, communication, Native culture, music and 

the arts, and languages; 

‘‘(III) providing instruction in Alaska Native history and ways of living to students and teachers 

in the local school district; 

‘‘(IV) intergenerational learning and internship 

opportunities to Alaska Native youth and young 

adults; 

‘‘(V) cultural immersion activities. 

‘‘(VI) culturally-informed curriculum intended to 

preserve and promote Alaska Native culture; 

‘‘(VII) Native language immersion activities; and 

‘‘(VIII) school-within-a-school model programs. 

‘‘(G) Student and teacher exchange programs, cross-cultural immersion programs, and culture camps designed to 

build mutual respect and understanding among participants. 

‘‘(H) Education programs for at-risk urban Alaska Native students that are designed to improve academic proficiency and graduation rates, utilize strategies otherwise 

permissible under this subpart, and incorporate a strong 

data collection and continuous evaluation component. 

‘‘(I) Programs and strategies that provide technical assistance and support to schools and communities to engage 

adults in promoting the academic progress and overall 

well-being of Alaska Native people such as through child 

and youth development, positive youth-adult relationships, 

improved conditions for learning (school climate, student 

connection to school and community), and increased connections between schools and families. 

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ment, including programs providing tech-prep, mentoring, 

training, and apprenticeship activities. 

‘‘(K) Support for the development and operational activities of regional vocational schools in rural areas of Alaska 

to provide students with necessary resources to prepare for 

skilled employment opportunities. 

‘‘(L) Regional leadership academies that demonstrate effectiveness in building respect, understanding, and fostering a sense of Alaska Native identity to promote their 

pursuit of and success in completing higher education or 

career training. 

‘‘(M) Strategies designed to increase parents’ involvement in their children’s education. 

‘‘(N) other activities consistent with the purpose of this 

part, to meet the educational needs of Alaska Native children and adults. 

‘‘(b) LIMITATION ON ADMINISTRATIVE COSTS.—Not more than 5 

percent of funds provided to an award recipient under this part for 

any fiscal year may be used for administrative purposes. 

‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to carry out this part such sums as may be necessary for the fiscal years 2016 through 2020. 

‘‘SEC. 7305. ADMINISTRATIVE PROVISIONS. 

‘‘(a) APPLICATION REQUIRED.— 

‘‘(1) IN GENERAL.—No grant may be made under this part, 

and no contract may be entered into under this part, unless 

the Alaska Native Organization seeking the grant or contract 

submits an application to the Secretary in such time, in such 

manner, and containing such information as the Secretary may 

determine necessary to carry out the provisions of this part. 

‘‘(b) CONSULTATION REQUIRED.—Each applicant for an award 

under this part shall provide for ongoing advice from and consultation with representatives of the Alaska Native community. 

‘‘(c) LOCAL EDUCATIONAL AGENCY COORDINATION.—Each applicant for an award under this part shall inform each local educational agency serving students who would participate in the program to be carried out under the grant or contract about the application. 

‘‘(d) CONTINUATION AWARDS.—An applicant described in section 

6204(a)(2) that receives funding under this part shall periodically 

demonstrate to the Secretary, during the term of the award, that 

the applicant is continuing to play the lead role in its partnership 

and in the implementation and evaluation of the funded program. 

‘‘SEC. 7306. DEFINITIONS. 

‘‘In this part: 

‘‘(1) ALASKA NATIVE.—The term ‘Alaska Native’ has the same 

meaning as the term ‘Native ’ has in section 3(b) of the Alaska 

Native Claims Settlement Act and their descendants. 

‘‘(2) ALASKA NATIVE ORGANIZATION.—The term ‘Alaska Native 

Organization’ means a federally recognized tribe or a tribal organization (as the terms are defined by the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b)), and 

a consortium of such entities, that— 


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‘‘(A) has expertise or traditional knowledge that is relevant to the purposes and activities described in this part; 

and 

‘‘(B) has Alaska Native people in substantive, policymaking, and leadership positions within the organization.’’. 

(b) CONFORMING AMENDMENT.—Part C of title VII (20 U.S.C. 

7541 et seq.) is repealed. 

TITLE VIII—IMPACT AID 

SEC. 801. PURPOSE. 

Section 8001 (20 U.S.C. 7701) is amended by striking ‘‘challenging State standards’’ and inserting ‘‘State academic standards’’. 

SEC. 802. PAYMENTS RELATING TO FEDERAL ACQUISITION OF REAL 

PROPERTY. 

Section 8002 (20 U.S.C. 7702) is amended— 

(1) in subsection (b)(1)(B), by striking ‘‘section 8014(a)’’ and 

inserting ‘‘section 3(d)(1)’’; and 

(2) by amending subsection (f) to read as follows: 

‘‘(f) SPECIAL RULE.—Beginning with fiscal year 2016, a local educational agency shall be deemed to meet the requirements of subsection (a)(1)(C) if records to determine eligibility under such subsection were destroyed prior to fiscal year 2000 and the agency received funds under subsection (b) in the previous year.’’; 

(3) by amending subsection (g) to read as follows: 

‘‘(g) FORMER DISTRICTS.— 

‘‘(1) CONSOLIDATIONS.—For fiscal year 2006 and each succeeding fiscal year, if a local educational agency described in 

paragraph (2) is formed at any time after 1938 by the consolidation of two or more former school districts, the local educational agency may elect to have the Secretary determine its 

eligibility and any amount for which the local educational 

agency is eligible under this section for such fiscal year on the 

basis of one or more of those former districts, as designated by 

the local educational agency. 

‘‘(2) ELIGIBLE LOCAL EDUCATIONAL AGENCIES.—A local educational agency described in this paragraph is— 

‘‘(A) any local educational agency that, for fiscal year 

1994 or any preceding fiscal year, applied for, and was determined to be eligible under section 2(c) of the Act of September 30, 1950 (Public Law 874, 81st Congress) as that 

section was in effect for that fiscal year; or 

‘‘(B) a local educational agency formed by the consolidation of 2 or more school districts, at least one of which was 

eligible for assistance under this section for the fiscal year 

preceding the year of the consolidation, if— 

‘‘(i) for fiscal years 2006 through 2015, the local educational agency notifies the Secretary not later than 

30 days after the date of enactment of the Student 

Success Act of the designation described in paragraph 

(1); and 

‘‘(ii) for fiscal year 2016, and each subsequent fiscal 

year, the local educational agency includes the desVerDate Sep 11 2014 06:02 Feb 26, 2015 Jkt 093510 PO 00000 Frm 00296 Fmt 6659 Sfmt 6602 E:\HR\OC\HR029.XXX HR029

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ignation in its application under section 8005 or any 

timely amendment to such application. 

‘‘(3) AVAILABILITY OF FUNDS.—Notwithstanding any other 

provision of law limiting the period during which the Secretary 

may obligate funds appropriated for any fiscal year after fiscal 

year 2005, the Secretary may obligate funds remaining after 

final payments have been made for any of such fiscal years to 

carry out this subsection.’’; 

(4) in subsection (h)— 

(A) in paragraph (2)— 

(i) in subparagraph (C)(ii), by striking ‘‘section 

8014(a)’’ and inserting ‘‘section 3(d)(1)’’; and 

(ii) in subparagraph (D), by striking ‘‘section 

8014(a)’’ and inserting ‘‘section 3(d)(1)’’; and 

(B) in paragraph (4), by striking ‘‘Impact Aid Improvement Act of 2012’’ and inserting ‘‘Student Success Act’’; 

(5) by repealing subsection (k); 

(6) by redesignating subsection (l) as subsection (k); 

(7) by amending subsection (k) (as so redesignated) by striking ‘‘(h)(4)(B)’’ and inserting ‘‘(h)(2)’’; 

(8) by repealing subsection (m); and 

(9) by redesignating subsection (n) as subsection (j). 

SEC. 803. PAYMENTS FOR ELIGIBLE FEDERALLY CONNECTED CHILDREN. 

(a) COMPUTATION OF PAYMENT.—Section 8003(a) (20 U.S.C. 

7703(a)) is amended— 

(1) in the matter preceding subparagraph (A) of paragraph 

(1), by inserting after ‘‘schools of such agency’’ the following: 

‘‘(including those children enrolled in such agency as a result 

of the open enrollment policy of the State in which the agency 

is located, but not including children who are enrolled in a distance education program at such agency and who are not residing within the geographic boundaries of such agency)’’; and 

(2) in paragraph (5)(A), by striking ‘‘1984’’ and all that follows through ‘‘situated’’ and inserting ‘‘1984, or under lease of 

off-base property under subchapter IV of chapter 169 of title 

10, United States Code, to be children described under paragraph (1)(B) if the property described is within the fenced security perimeter of the military facility or attached to and under 

any type of force protection agreement with the military installation upon which such housing is situated.’’ 

(b) BASIC SUPPORT PAYMENTS FOR HEAVILY IMPACTED LOCAL

EDUCATIONAL AGENCIES.—Section 8003(b) (20 U.S.C. 7703(b)) is 

amended— 

(1) by striking ‘‘section 8014(b)’’ each place it appears and inserting ‘‘section 3(d)(2)’’; 

(2) in paragraph (1), by repealing subparagraph (E); 

(3) in paragraph (2)— 

(A) in subparagraph (B)— 

(i) by striking ‘‘CONTINUING’’ in the heading; 

(ii) by amending clause (i) to read as follows: 

‘‘(i) IN GENERAL.—A heavily impacted local educational agency is eligible to receive a basic support 

payment under subparagraph (A) with respect to a 


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number of children determined under subsection (a)(1) 

if the agency— 

‘‘(I) is a local educational agency— 

‘‘(aa) whose boundaries are the same as a 

Federal military installation or an island 

property designated by the Secretary of the 

Interior to be property that is held in trust by 

the Federal Government; and 

‘‘(bb) that has no taxing authority; 

‘‘(II) is a local educational agency that— 

‘‘(aa) has an enrollment of children described in subsection (a)(1) that constitutes a 

percentage of the total student enrollment of 

the agency that is not less than 45 percent; 

‘‘(bb) has a per-pupil expenditure that is 

less than— 

‘‘(AA) for an agency that has a total 

student enrollment of 500 or more students, 125 percent of the average perpupil expenditure of the State in which 

the agency is located; or 

‘‘(BB) for any agency that has a total 

student enrollment less than 500, 150 

percent of the average per-pupil expenditure of the State in which the agency is 

located or the average per-pupil expenditure of 3 or more comparable local educational agencies in the State in which 

the agency is located; and 

‘‘(cc) is an agency that has a tax rate for 

general fund purposes that is not less than 95 

percent of the average tax rate for general 

fund purposes of comparable local educational 

agencies in the State; 

‘‘(III) is a local educational agency that— 

‘‘(aa) has an enrollment of children described in subsection (a)(1) that constitutes a 

percentage of the total student enrollment of 

the agency that is not less than 20 percent; 

‘‘(bb) for the 3 fiscal years preceding the fiscal year for which the determination is made, 

the average enrollment of children who are 

not described in subsection (a)(1) and who are 

eligible for a free or reduced price lunch under 

the Richard B. Russell National School Lunch 

Act constitutes a percentage of the total student enrollment of the agency that is not less 

than 65 percent; and 

‘‘(cc) has a tax rate for general fund purposes which is not less than 125 percent of 

the average tax rate for general fund purposes for comparable local educational agencies in the State; 


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‘‘(IV) is a local educational agency that has a 

total student enrollment of not less than 25,000 

students, of which— 

‘‘(aa) not less than 50 percent are children 

described in subsection (a)(1); and 

‘‘(bb) not less than 5,000 of such children 

are children described in subparagraphs (A) 

and (B) of subsection (a)(1); or 

‘‘(V) is a local educational agency that— 

‘‘(aa) has an enrollment of children described in subsection (a)(1) including, for purposes of determining eligibility, those children 

described in subparagraphs (F) and (G) of 

such subsection, that is not less than 35 percent of the total student enrollment of the 

agency; and 

‘‘(bb) was eligible to receive assistance 

under subparagraph (A) for fiscal year 2001.’’; 

and 

(iii) in clause (ii)— 

(I) by striking ‘‘A heavily’’ and inserting the following: 

‘‘(I) IN GENERAL.—Subject to subclause (II), a 

heavily’’; and 

(II) by adding at the end the following: 

‘‘(II) LOSS OF ELIGIBILITY DUE TO FALLING BELOW

95 PERCENT OF THE AVERAGE TAX RATE FOR GEN- ERAL FUND PURPOSES.—In a case of a heavily impacted local educational agency that fails to meet 

the requirements of clause (i) for a fiscal year by 

reason of having a tax rate for general fund purposes that falls below 95 percent of the average 

tax rate for general fund purposes of comparable 

local educational agencies in the State, subclause 

(I) shall be applied as if ‘and the subsequent fiscal 

year’ were inserted before the period at the end.’’; 

(B) by striking subparagraph (C); 

(C) by redesignating subparagraphs (D) through (H) as 

subparagraphs (C) through (G), respectively; 

(D) in subparagraph (C) (as so redesignated)— 

(i) in the heading, by striking ‘‘REGULAR’’; 

(ii) by striking ‘‘Except as provided in subparagraph 

(E)’’ and inserting ‘‘Except as provided in subparagraph (D)’’; 

(iii) by amending subclause (I) of clause (ii) to read 

as follows: 

‘‘(ii)(I)(aa) For a local educational agency with respect to 

which 35 percent or more of the total student enrollment 

of the schools of the agency are children described in subparagraph (D) or (E) (or a combination thereof) of subsection (a)(1), and that has an enrollment of children described in subparagraphs (A), (B), or (C) of such subsection 

equal to at least 10 percent of the agency’s total enrollment, the Secretary shall calculate the weighted student 

units of those children described in subparagraph (D) or 


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(E) of such subsection by multiplying the number of such 

children by a factor of 0.55. 

‘‘(bb) Notwithstanding subitem (aa), a local educational 

agency that received a payment under this paragraph for 

fiscal year 2012 shall not be required to have an enrollment of children described in subparagraphs (A), (B), or 

(C) of subsection (a)(1) equal to at least 10 percent of the 

agency’s total enrollment.’’; and 

(iv) by amending subclause (III) of clause (ii) by 

striking ‘‘(B)(i)(II)(aa)’’ and inserting ‘‘subparagraph 

(B)(i)(I)’’; 

(E) in subparagraph (D)(i)(II) (as so redesignated), by 

striking ‘‘6,000’’ and inserting ‘‘5,000’’; 

(F) in subparagraph (E) (as so redesignated)— 

(i) by striking ‘‘Secretary’’ and all that follows 

through ‘‘shall use’’ and inserting ‘‘Secretary shall 

use’’; 

(ii) by striking ‘‘; and’’ and inserting a period; and 

(iii) by striking clause (ii); 

(G) in subparagraph (F) (as so redesignated)— 

(i) by striking ‘‘subparagraph (C)(i)(II)(bb)’’ and inserting ‘‘subparagraph (B)(i)(II)(bb)(BB)’’; and 

(ii) by amending clause (ii) to read as follows: 

‘‘(ii) beginning in fiscal year 2010, a local educational agency shall be deemed to meet the average 

tax rate requirements for general fund purposes of 

this paragraph if the average tax rate calculation submitted to the Department by the agency has been— 

‘‘(I) calculated by the State educational agency 

in which the applying agency resides to meet the 

requirements of this paragraph for average tax 

rate for general fund purposes; and 

‘‘(II) the Department accepted calculation of average tax rate for general fund purposes from the 

state educational agency on behalf of the applying 

agency in at least 5 prior years. 

‘‘(III) notwithstanding any other provision of 

law limiting the period during which the Secretary may obligate funds appropriated for any 

fiscal year after 2010, the Secretary may obligate 

funds remaining after final payments have been 

made from any funds of such fiscal years in order 

to carry out this subparagraph.’’. 

(H) in subparagraph (G) (as so redesignated)— 

(i) in clause (i)— 

(I) by striking ‘‘subparagraph (B), (C), (D), or 

(E)’’ and inserting ‘‘subparagraph (B), (C), or (D)’’; 

(II) by striking ‘‘by reason of’’ and inserting ‘‘due 

to’’; 

(III) by inserting after ‘‘clause (iii)’’ the following 

‘‘, or as the direct result of base realignment and 

closure or modularization as determined by the 

Secretary of Defense and force structure change or 

force relocation’’; and 


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(IV) by inserting before the period, the following: ‘‘or during such time as activities associated with base closure and realignment, 

modularization, force structure change, or force 

relocation are ongoing’’; and 

(ii) in clause (ii), by striking ‘‘(D) or (E)’’ each place 

it appears and inserting ‘‘(C) or (D)’’; 

(4) in paragraph (3)— 

(A) in subparagraph (B)— 

(i) by amending clause (iii) to read as follows: 

‘‘(iii) In the case of a local educational agency providing 

a free public education to students enrolled in kindergarten through grade 12, but which enrolls students described in subparagraphs (A), (B), and (D) of subsection 

(a)(1) only in grades 9 through 12, and which received a 

final payment in fiscal year 2009 calculated under this 

paragraph (as this paragraph was in effect on the day before the date of enactment of the Student Success Act) for 

students in grades 9 through 12, the Secretary shall, in 

calculating the agency’s payment, consider only that portion of such agency’s total enrollment of students in grades 

9 through 12 when calculating the percentage under clause 

(i)(I) and only that portion of the total current expenditures attributed to the operation of grades 9 through 12 in 

such agency when calculating the percentage under clause 

(i)(II).’’; and 

(ii) by adding at the end the following: 

‘‘(v) In the case of a local educational agency that is providing a program of distance education to children not residing within the geographic boundaries of the agency, the 

Secretary shall— 

‘‘(I) for purposes of the calculation under clause 

(i)(I), disregard such children from the total number of 

children in average daily attendance at the schools 

served by such agency; and 

‘‘(II) for purposes of the calculation under clause 

(i)(II), disregard any funds received for such children 

from the total current expenditures for such agency.’’; 

(B) in subparagraph (C), by striking ‘‘subparagraph (D) 

or (E) of paragraph (2), as the case may be’’ and inserting 

‘‘paragraph (2)(D)’’; and 

(C) by amending subparagraph (D) to read as follows: 

‘‘(D) RATABLE DISTRIBUTION.—For any fiscal year described in subparagraph (A) for which the sums available 

exceed the amount required to pay each local educational 

agency 100 percent of its threshold payment, the Secretary 

shall distribute the excess sums to each eligible local educational agency that has not received its full amount computed under paragraph (1) or (2) (as the case may be) by 

multiplying— 

‘‘(i) a percentage, the denominator of which is the 

difference between the full amount computed under 

paragraph (1) or (2) (as the case may be) for all local 

educational agencies and the amount of the threshold 

payment (as calculated under subparagraphs (B) and 


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(C)) of all local educational agencies, and the numerator of which is the aggregate of the excess sums, by; 

‘‘(ii) the difference between the full amount computed under paragraph (1) or (2) (as the case may be) 

for the agency and the amount of the threshold payment as calculated under subparagraphs (B) and (C) of 

the agency.’’; and 

(D) by inserting at the end the following new subparagraphs: 

‘‘(E) INSUFFICIENT PAYMENTS.—For each fiscal year described in subparagraph (A) for which the sums appropriated under section 3(d)(2) are insufficient to pay each 

local educational agency all of the local educational agency’s threshold payment described in subparagraph (D), the 

Secretary shall ratably reduce the payment to each local 

educational agency under this paragraph. 

‘‘(F) INCREASES.—If the sums appropriated under section 

3(d)(2) are sufficient to increase the threshold payment 

above the 100 percent threshold payment described in subparagraph (D), then the Secretary shall increase payments 

on the same basis as such payments were reduced, except 

no local educational agency may receive a payment 

amount greater than 100 percent of the maximum payment calculated under this subsection.’’; and 

(5) in paragraph (4)— 

(A) in subparagraph (A), by striking ‘‘through (D)’’ and 

inserting ‘‘and (C)’’; and 

(B) in subparagraph (B), by striking ‘‘subparagraph (D) 

or (E)’’ and inserting ‘‘subparagraph (C) or (D)’’. 

(c) PRIOR YEAR DATA.—Paragraph (2) of section 8003(c) (20 

U.S.C. 7703(c)) is amended to read as follows: 

‘‘(2) EXCEPTION.—Calculation of payments for a local educational agency shall be based on data from the fiscal year for 

which the agency is making an application for payment if such 

agency— 

‘‘(A) is newly established by a State, for the first year of 

operation of such agency only; 

‘‘(B) was eligible to receive a payment under this section 

for the previous fiscal year and has had an overall increase 

in enrollment (as determined by the Secretary in consultation with the Secretary of Defense, the Secretary of the Interior, or the heads of other Federal agencies)— 

‘‘(i) of not less than 10 percent, or 100 students, of 

children described in— 

‘‘(I) subparagraph (A), (B), (C), or (D) of subsection (a)(1); or 

‘‘(II) subparagraph (F) and (G) of subsection 

(a)(1), but only to the extent such children are civilian dependents of employees of the Department 

of Defense or the Department of the Interior; and 

‘‘(ii) that is the direct result of closure or realignment of military installations under the base closure 

process or the relocation of members of the Armed 

Forces and civilian employees of the Department of 

Defense as part of the force structure changes or 


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movements of units or personnel between military installations or because of actions initiated by the Secretary of the Interior or the head of another Federal 

agency; or 

‘‘(C) was eligible to receive a payment under this section 

for the previous fiscal year and has had an increase in enrollment (as determined by the Secretary)— 

‘‘(i) of not less than 10 percent of children described 

in subsection (a)(1) or not less than 100 of such children; and 

‘‘(ii) that is the direct result of the closure of a local 

educational agency that received a payment under 

subsection (b)(1) or (b)(2) in the previous fiscal year.’’. 

(d) CHILDREN WITH DISABILITIES.—Section 8003(d)(1) (20 U.S.C. 

7703(d)) is amended by striking ‘‘section 8014(c)’’ and inserting 

‘‘section 3(d)(3)’’. 

(e) HOLD HARMLESS.— 

(1) IN GENERAL.—The total amount the Secretary shall pay 

a local educational agency under subsection (b)— 

(A) beginning in fiscal year 2016 and for any fiscal year 

thereafter in which a local educational agency’s payment is 

reduced by an amount greater than $5,000,000 or 20 percent from the amount received in the previous fiscal year, 

the Secretary shall pay a local educational agency for each 

of the 3 years following the reduction under subsection 

(b)— 

(i) for the first year shall not be less than 90 percent 

of the total amount that the local educational agency 

received under subsection (b)(1) or (b)(2) in the fiscal 

year prior to the reduction herein referred to as the 

base year; 

(ii) for the second year shall not be less than 85 percent of the total amount that the local educational 

agency received under subsection (b)(1) or (b)(2) in the 

base year; and 

(iii) for the third year shall not be less than 80 percent of the total amount that the local educational 

agency received under subsection (b) (1) or (b) (2) in 

the base year. 

(2) RATABLE REDUCTION.— 

(A) IN GENERAL.—If the sums made available under this 

title for any fiscal year are insufficient to pay the full 

amounts that all local educational agencies in all States 

are eligible to receive under paragraph (1) for such year, 

then the Secretary shall ratably reduce the payments to all 

such agencies for such year. 

(B) ADDITIONAL FUNDS.—If additional funds become 

available for making payments under paragraph (1) for 

such fiscal year, payments that were reduced under subparagraph (A) shall be increased on the same basis as such 

payments were reduced. 

(f) MAINTENANCE OF EFFORT.—Section 8003 (20 U.S.C. 7703) is 

amended by striking subsection (g). 


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SEC. 804. POLICIES AND PROCEDURES RELATING TO CHILDREN RESIDING ON INDIAN LANDS. 

Section 8004(e)(9) is amended by striking ‘‘Bureau of Indian Affairs’’ and inserting ‘‘Bureau of Indian Education’’. 

SEC. 805. APPLICATION FOR PAYMENTS UNDER SECTIONS 8002 AND 

8003. 

Section 8005(b) (20 U.S.C. 7705(b)) is amended in the matter preceding paragraph (1) by striking ‘‘and shall contain such information,’’. 

SEC. 806. CONSTRUCTION. 

Section 8007 (20 U.S.C. 7707) is amended— 

(1) in subsection (a)— 

(A) in paragraph (1), by striking ‘‘section 8014(e)’’ and 

inserting ‘‘section 3(d)(4)’’; 

(B) in paragraph (2), by adding at the end the following: 

‘‘(C) The agency is eligible under section 4003(b)(2) or is 

receiving basic support payments under circumstances described in section 4003(b)(2)(B)(ii).’’; and 

(C) in paragraph (3), by striking ‘‘section 8014(e)’’ each 

place it appears and inserting ‘‘section 3(d)(4)’’; and 

(2) in subsection (b)— 

(A) in paragraph (1), by striking ‘‘section 8014(e)’’ and 

inserting ‘‘section 3(d)(4)’’; 

(B) in paragraph (3)— 

(i) in subparagraph (C)(i)(I), by adding at the end 

the following: 

‘‘(cc) At least 10 percent of the property in the 

agency is exempt from State and local taxation 

under Federal law.’’; and 

(ii) by adding at the end the following: 

‘‘(F) LIMITATIONS ON ELIGIBILITY REQUIREMENTS.—The 

Secretary shall not limit eligibility— 

‘‘(i) under subparagraph (C)(i)(I)(aa), to those local 

educational agencies in which the number of children 

determined under section 8003(a)(1)(C) for each such 

agency for the preceding school year constituted more 

than 40 percent of the total student enrollment in the 

schools of each such agency during the preceding 

school year; and 

‘‘(ii) under subparagraph (C)(i)(I)(cc), to those local 

educational agencies in which more than 10 percent of 

the property in each such agency is exempt from State 

and local taxation under Federal law.’’; 

(C) in paragraph (6)— 

(i) in the matter preceding subparagraph (A), by 

striking ‘‘in such manner, and accompanied by such 

information’’ and inserting ‘‘and in such manner’’; and 

(ii) by striking subparagraph (F); and 

(D) by striking paragraph (7). 

SEC. 807. FACILITIES. 

Section 8008 (20 U.S.C. 7708) is amended in subsection (a), by 

striking ‘‘section 8014(f)’’ and inserting ‘‘section 3(d)(5)’’. 


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SEC. 808. STATE CONSIDERATION OF PAYMENTS PROVIDING STATE 

AID. 

Section 8009 (20 U.S.C. 7709) is amended— 

(1) in subsection (c)(1)(B), by striking ‘‘and contain the information’’; and 

(2) in subsection (d)(2)— 

(A) by striking ‘‘A State’’ and inserting the following: 

‘‘(A) IN GENERAL.—A State’’; and 

(B) by adding at the end of the following: 

‘‘(B) STATES THAT ARE NOT EQUALIZED STATES.—A State 

that has not been approved as an equalized State under 

subsection (b) shall not consider funds received under section 8002 or section 8003 of this title in any State formula 

or place a limit or direct the use of such funds for the purposes of determining a local educational agency’s fund balance.’’. 

SEC. 809. ADMINISTRATIVE HEARINGS AND JUDICIAL REVIEW. 

Section 8011(a) (20 U.S.C. 7711(a)) is amended by striking ‘‘or 

under the Act’’ and all the follows through ‘‘1994)’’. 

SEC. 810. DEFINITIONS. 

Section 8013 (20 U.S.C. 7713) is amended— 

(1) in paragraph (1), by striking ‘‘and Marine Corps’’ and inserting ‘‘Marine Corps, and Coast Guard’’; 

(2) in paragraph (4), by striking ‘‘and title VI’’; 

(3) in paragraph (5)(A)(iii)— 

(A) in subclause (II), by striking ‘‘Stewart B. McKinney 

Homeless Assistance Act’’ and inserting ‘‘McKinney-Vento 

Homeless Assistance Act (42 U.S.C. 11411)’’; and 

(B) in subclause (III), by inserting before the semicolon, 

‘‘(25 U.S.C. 4101 et seq.)’’; 

(4) in paragraph (8)(A), by striking ‘‘and verified by’’ and inserting ‘‘, and verified by,’’; and 

(5) in paragraph (9)(B), by inserting a comma before ‘‘on a 

case-by-case basis’’. 

SEC. 811. AUTHORIZATION OF APPROPRIATIONS. 

Section 8014 (20 U.S.C. 7801) is amended— 

(1) by striking ‘‘2000’’ each place it appears and inserting 

‘‘2016’’; 

(2) by striking ‘‘2001’’ and inserting ‘‘2017’’; and 

(3) by striking ‘‘2002’’ and inserting ‘‘2018’’. 

SEC. 812. CONFORMING AMENDMENTS. 

Subsection (c) of the Impact Aid Improvement Act of 2012 (20 

U.S.C. 6301 note; Public Law 112-239; 126 Stat. 1748) is amended— 

(1) (1) by striking paragraphs (1) and (4); and 

(2) (2) by redesignating paragraphs (2) and (3), as paragraphs (1) and (2), respectively. 


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TITLE IX—GENERAL PROVISIONS 

SEC. 900. GENERAL AMENDMENTS. 

(a) GENERAL PROHIBITION.—Section 9527(a) (20 U.S.C. 7907(a)) 

is amended by inserting ‘‘specific instructional content, academic 

standards or assessments,’’ after ‘‘school’s curriculum,’’. 

(b) RULE OF CONSTRUCTION.—Section 9534 (20 U.S.C. 7914) is 

amended by adding at the end the following: 

‘‘(c) RULE OF CONSTRUCTION.—Any public or private entity that 

receives funds allocated under this Act including from a State educational agency or local educational agency shall be considered a 

program under subsection (a) and be subject to the requirements 

of subsection (a) in carrying out programs or activities funded 

under this Act.’’. 

Subtitle A—Protecting Students From 

Sexual and Violent Predators 

SEC. 901. BACKGROUND CHECKS. 

Subpart 2 of part E of title IX (20 U.S.C. 7901 et seq.) is amended by adding at the end the following: 

‘‘SEC. 9537. CRIMINAL BACKGROUND CHECKS. 

‘‘(a) IN GENERAL.—A State educational agency that receives 

funds under this Act shall have in effect— 

‘‘(1) requirements, policies, and procedures to require and 

conduct criminal background checks for each school employee 

including prospective school employees described in subsection 

(c)(1); and 

‘‘(2) prohibit the employment of a school employee as described in subsection (c). 

‘‘(b) REQUIREMENTS.—A criminal background check for a school 

employee under subsection (a) shall include— 

‘‘(1) a search of the State criminal and sex offender registry 

or repository in the State where the school employee resides, 

and each State where such school employee resided during the 

preceding 5 years; 

‘‘(2) a search of State-based child abuse and neglect registries 

and databases in the State where the school employee resides, 

and each State where such school employee resided during the 

preceding 5 years; 

‘‘(3) a search of the National Crime Information Center; 

‘‘(4) a Federal Bureau of Investigation fingerprint check 

using the Integrated Automated Fingerprint Identification System; and 

‘‘(5) a search of the National Sex Offender Registry established under the Adam Walsh Child Protection and Safety Act 

of 2006 (42 U.S.C. 16901 et seq.). 

‘‘(c) PROHIBITIONS.— 

‘‘(1) SCHOOL EMPLOYEE.—A school employee shall be ineligible for employment by a local educational agency or State 

educational agency that is receiving funds under this Act if 

such individual— 


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‘‘(A) refuses to consent to the criminal background check 

described in subsection (b); 

‘‘(B) knowingly makes a materially false statement in 

connection with such criminal background check; 

‘‘(C) is registered, or is required to be registered, on a 

State sex offender registry or repository or the National 

Sex Offender Registry established under the Adam Walsh 

Child Protection and Safety Act of 2006 (42 U.S.C. 16901 

et seq.); or 

‘‘(D) has been convicted of a felony consisting of— 

‘‘(i) murder, as described in section 1111 of title 18, 

United States Code; 

‘‘(ii) child abuse or neglect; 

‘‘(iii) a crime against children, including child pornography; 

‘‘(iv) spousal abuse; 

‘‘(v) a crime involving rape or sexual assault; 

‘‘(vi) kidnapping; 

‘‘(vii) arson; 

‘‘(viii) physical assault or battery; or 

‘‘(ix) a drug-related offense committed during the 

preceding 5 years; or 

‘‘(E) has been convicted of a violent misdemeanor committed as an adult against a child, including the following 

crimes: child abuse, child endangerment, sexual assault, or 

of a misdemeanor involving child pornography. 

‘‘(2) STATE EDUCATIONAL AGENCY OR LOCAL EDUCATIONAL

AGENCY.—A State educational agency or local educational 

agency described in paragraph (1) shall be ineligible for assistance under this Act if the agency employs or contracts with a 

school employee who is ineligible for employment under paragraph (1). 

‘‘(d) SUBMISSION OF REQUESTS FOR BACKGROUND CHECKS.— 

‘‘(1) IN GENERAL.—A State educational agency or local educational agency covered by subsection (c) shall submit a request, to the appropriate State agency designated by a State, 

for a criminal background check described in subsection (b), for 

each school employee. 

‘‘(2) SCHOOL EMPLOYEES.—Subject to paragraph (4), in the 

case of an individual who became a school employee before the 

date of enactment of the Student Success Act shall submit such 

a request— 

‘‘(A) prior to the last day described in subsection (k)(1); 

and 

‘‘(B) not less often than once during each 5-year period 

following the first submission date under this paragraph 

for that school employee. 

‘‘(3) PROSPECTIVE SCHOOL EMPLOYEES.—Subject to paragraph 

(4), in the case of an individual who is a prospective school employee on or after that date of enactment, the provider shall 

submit such a request— 

‘‘(A) prior to the date the individual becomes a school 

employee; and 


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‘‘(B) not less than once during each 5-year period following the first submission date under this paragraph for 

that staff member. 

‘‘(e) BACKGROUND CHECK RESULTS AND APPEALS.— ‘‘(1) BACKGROUND CHECK RESULTS.—The State shall carry out 

the request of a State educational agency or local educational 

agency for a criminal background check as expeditiously as 

possible, but not to exceed 45 days after the date on which 

such request was submitted, and shall provide the results of 

the criminal background check to such agency provider and to 

the school employee staff member. 

‘‘(2) PRIVACY.— 

‘‘(A) IN GENERAL.—The State shall provide the results of 

the criminal background check to the State educational 

agency or local educational agency in a statement that indicates whether a school employee is eligible or ineligible 

for employment described in subsection (c), without revealing any disqualifying crime or other related information 

regarding the individual. 

‘‘(B) INELIGIBLE SCHOOL EMPLOYEE.—If the school employee is ineligible for such employment due to the background check, the State will, when providing the results of 

the background check, include information related to each 

disqualifying crime, in a report to the school employee. 

‘‘(C) PUBLIC RELEASE OF RESULTS.—No State shall publicly release or share the results of individual background 

checks, except States may release aggregated data by 

crime as listed under subsection (c)(1)(D) from background 

check results, as long as such data does not contain personally identifiable information. 

‘‘(3) APPEALS.— ‘‘(A) IN GENERAL.—The State shall provide for a process 

by which a school employee may appeal the results of a 

criminal background check conducted under this section to 

challenge the accuracy or completeness of the information 

contained in such member’s criminal background report. 

‘‘(B) APPEALS PROCESS.—The State shall ensure that— 

‘‘(i) each school employee shall be given notice of the 

opportunity to appeal; 

‘‘(ii) a school employee will receive instructions 

about how to complete the appeals process if the 

school employee wishes to challenge the accuracy or 

completeness of the information contained in such employee’s criminal background report; and 

‘‘(iii) the appeals process is completed in a timely 

manner for each school employee not to exceed 45 

days. 

‘‘(C) COSTS.—A school employee who has successfully 

challenged the findings contained in such employee’s 

criminal background check report in the appeals process 

under this paragraph shall be allowed to seek compensation for any reasonable costs incurred from such appeal. 

‘‘(4) REVIEW.— 

‘‘(A) IN GENERAL.—The State shall establish a timely review process not to exceed 45 days through which the 


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State may determine that a school employee identified in 

subsection (c) is eligible for employment with the educational agency. 

‘‘(B) FACTORS.—The review process shall be an individualized assessment consistent with title VII of the Civil 

Rights Act of 1964 (42 U.S.C. 2000e et seq.) and the U.S. 

Equal Employment Opportunity Commission Enforcement 

Guidance on the Consideration of Arrest and Conviction 

Records in Employment Decisions, and may include consideration of the following factors— 

‘‘(i) nature and seriousness of the offense; 

‘‘(ii) circumstances under which the offense was committed; 

‘‘(iii) lapse of time since the offense was committed 

or the individual was released from prison; 

‘‘(iv) individual’s age at the time of the offense; 

‘‘(v) social conditions which may have fostered the 

offense; 

‘‘(vi) relationship of the nature of the offense to the 

position sought; 

‘‘(vii) number of criminal convictions; 

‘‘(viii) honesty and transparency of the candidate in 

admitting the conviction record; 

‘‘(ix) individual’s work history, including evidence 

that the individual performed the same or similar 

work, post-conviction, with the same or different employer, with no known incidents of criminal conduct; 

‘‘(x) evidence of rehabilitation as demonstrated by 

the individual’s good conduct while in correctional custody and/or the community; counseling or psychiatric 

treatment received; acquisition of additional academic 

or vocational schooling; successful participation in correctional work-release programs and the recommendations of persons who have or have had the applicant 

under their supervision; 

‘‘(xi) whether the individual is bonded under Federal, state, or local bonding program; and 

‘‘(xii) any other factor that may lead to the conclusion that the individual does not pose a risk to children. 

‘‘(C) LIMITATION.—This paragraph shall not apply to a 

school employee who has been convicted of a serious violent or sexual felony against a child, as determined by the 

State. 

‘‘(5) NO PRIVATE RIGHT OF ACTION.—Nothing in this section 

shall be construed to create a private right of action if a State 

educational agency or local educational agency has acted in accordance with this section. 

‘‘(f) FEES FOR BACKGROUND CHECKS.— ‘‘(1) Fees that a State may charge for the costs of processing 

applications and administering a criminal background check as 

required by this section shall not exceed the actual costs to the 

State for the processing and administration. 

‘‘(2) A local educational agency or State educational agency 

may use administrative funds received under this Act to pay 


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for any reasonable fees charged for conducting a criminal background check under this section. 

‘‘(g) TRANSPARENCY.—The State must ensure that the policies 

and procedures under this section are published on the Web site 

(or otherwise publicly available venue in the absence of a Web site) 

of the State and the Web sites of local lead agencies. 

‘‘(h) CONSTRUCTION.— 

‘‘(1) DISQUALIFICATION FOR OTHER CRIMES.—Nothing in this 

section shall be construed to prevent a State from disqualifying 

individuals as a school employee based on their conviction for 

crimes not specifically listed in this section that bear upon the 

fitness of an individual to provide care for and have responsibility for the safety and well-being of children. 

‘‘(2) RIGHTS AND REMEDIES.—Nothing in this section shall be 

construed to alter or otherwise affect the rights and remedies 

provided for a school employee residing in a State that disqualifies individuals as a school employee for crimes not specifically provided for under this section. 

‘‘(i) REPORTING.—Not later than one year after the date of the enactment of this Act, the Secretary of Education shall report to Congress on— 

‘‘(1) any information available about numbers of individuals 

restricted or disqualified from being a school employee on the 

basis of a criminal record identified in the background check, 

pursuant to this section in total, and for each type of conviction, as specified in sections (c)(1)(D) and (c)(1)(E) and 

disaggregated by race, gender, national origin, and ethnicity; 

‘‘(2) the identity of each state’s agency with jurisdiction over 

the background check results and appeals process described in 

section (e); 

‘‘(3) the identity of each state’s agency with jurisdiction over 

the individualized assessment, as described in section (e)(4); 

‘‘(4) the numbers of individuals approved for consideration as 

a school employee by the individualized assessment, as defined 

in section (e)(4) in total, and for each type of conviction, as 

specified in sections (c)(1)(D) and (c)(1)(E) and disaggregated 

by race, gender, national origin, and ethnicity; and 

‘‘(5) the numbers of successful and unsuccessful appeals to 

the accuracy and completeness of records or information, in 

total, by State, and by type of conviction, as specified in section 

sections (c)(1)(D) and (c)(1)(E) and disaggregated by race, gender, national origin, and ethnicity. 

‘‘(j) DEFINITION.—In this section, the term ‘school employee’ 

means— 

‘‘(1) an employee of, or a person seeking employment with, 

a local educational agency or State educational agency, and 

who, as a result of such employment, has (or will have) a job 

duty that results in unsupervised access to elementary school 

or secondary school students; 

‘‘(2) any person, or an employee of any person who has a contract or agreement to provide services with an elementary 

school or secondary school, local educational agency, or State 

educational agency, and such person or employee, as a result 

of such contract or agreement, has a job duty that results in 


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unsupervised access to elementary school or secondary students; and 

‘‘(3) an employee of or a person seeking employment with a 

high-quality prekindergarten program (as defined in section 

1112 of the Student Success Act) who has unsupervised access 

to children or a person who has a contract or agreement with 

such program and has unsupervised access to children. 

‘‘(k) EFFECTIVE DATE.— 

‘‘(1) IN GENERAL.—A State that receives funds under this Act 

shall meet the requirements of this section for the provision of 

criminal background checks for a school employee described in 

subsection (d)(1) not later than the last day of the second full 

fiscal year after the date of enactment of the Student Success 

Act. 

‘‘(2) EXTENSION.—The Secretary may grant a State an extension of time, of not more than 1 fiscal year, to meet the requirements of this section if the State demonstrates a good 

faith effort to comply with the requirements of this section. 

‘‘(3) PENALTY FOR NONCOMPLIANCE.—Except as provided in 

paragraphs (1) and (2), for any fiscal year that a State fails to 

comply substantially with the requirements of this section, the 

Secretary shall withhold 5 percent of the funds that would otherwise be allocated to that State in accordance with this Act 

for the following fiscal year. 

‘‘SEC. 9538. EQUALITY IN ATHLETIC PROGRAMS. 

‘‘(a) REPORT.—Each coeducational elementary or secondary school 

that participates in any program under this Act and has an athletic 

program, shall annually, for the immediately preceding academic 

year, prepare a report that contains the following information: 

‘‘(1) The number of students that attended the school and for 

each student an identification of such student’s— 

‘‘(A) sex; 

‘‘(B) race; and 

‘‘(C) ethnicity. 

‘‘(2) A listing of the teams that competed in athletic competition and for each such team the following data: 

‘‘(A) The total number of participants as of the day of the 

first scheduled contest for the team, and for each participant an identification of such participant’s— 

‘‘(i) sex; 

‘‘(ii) race; and 

‘‘(iii) ethnicity. 

‘‘(B) The year the team began. 

‘‘(C) The total expenditures for each team from school 

and nonschool sources, including a listing of the following 

data for each team: 

‘‘(i) Expenditures for travel. 

‘‘(ii) Expenditures for equipment (including any 

equipment replacement schedule). 

‘‘(iii) Expenditures for uniforms (including any uniform replacement schedule). 

‘‘(iv) Expenditures for facilities (including locker 

rooms, fields, and gymnasiums) and their maintenance 

and repair. 


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‘‘(v) Expenditures for training and medical facilities 

and services. 

‘‘(vi) Expenditures for publicity for competitions (including press guides, press releases, game programs, 

and publicity personnel). 

‘‘(D) The total number of trainers and medical personnel, 

and for each trainer or medical personnel an identification 

of such person’s— 

‘‘(i) sex; 

‘‘(ii) employment status (including whether such person is employed full-time or part-time, and whether 

such person is a head or assistant trainer or medical 

services provider) and duties other than providing 

training or medical services; and 

‘‘(iii) qualifications, including whether the person is 

a professional or student. 

‘‘(E) The total number of coaches, and for each coach an 

identification of such coach’s— 

‘‘(i) sex; 

‘‘(ii) employment status (including whether such 

coach is employed full-time or part-time, and whether 

such coach is a head or assistant coach) and duties 

other than coaching; and 

‘‘(iii) qualifications, including whether the person is 

a professional or student. 

‘‘(F) Total annual revenues generated by the team (including contributions from outside sources such as booster 

clubs), disaggregated by source. 

‘‘(G) The total number of competitions scheduled, and for 

each scheduled competition an indication of what day of 

the week and time the competition was scheduled. 

‘‘(H) The total number of practices scheduled, and for 

each scheduled practice an indication of what day of the 

week and time the practice was scheduled. 

‘‘(I) The season in which the team competed. 

‘‘(J) Whether such team participated in postseason competition, and the success of such team in any postseason 

competition. 

‘‘(3) The average annual institutional salary attributable to 

coaching of the head coaches of men’s teams, across all offered 

sports, and the average annual institutional salary attributable 

to coaching of the head coaches of women’s teams, across all 

offered sports. 

‘‘(4) The average annual institutional salary attributable to 

coaching of the assistant coaches of men’s teams, across all offered sports, and the average annual institutional salary attributable to coaching of the assistant coaches of women’s 

teams, across all offered sports. 

‘‘(b) SPECIAL RULE.—For the purpose of reporting the information 

described in paragraphs (3) and (4) of subsection (a), if a coach has 

responsibilities for more than 1 team and the school does not allocate such coach’s salary by team, the school should divide the salary by the number of teams for which the coach has responsibility 

and allocate the salary among the teams on a basis consistent with 

the coach’s responsibilities for the different teams. 


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‘‘(c) DISCLOSURE OF INFORMATION TO STUDENTS AND PUBLIC.—On 

an annual basis, each coeducational elementary or secondary school 

described in subsection (a) shall— 

‘‘(1) make available to students, potential students, and the 

public, upon request, the information contained in each report 

by the school under this section by October 15 of each school 

year; and 

‘‘(2) ensure that all students at the school and members of 

the relevant community are informed of their right to request 

such information. 

‘‘(d) SUBMISSION; INFORMATION AVAILABILITY.—On an annual 

basis, each coeducational elementary or secondary school described 

in subsection (a) shall provide the information contained in each report by the school under this section to the Commissioner for Education Statistics not later than 15 days after the date that the 

school makes such information available under subsection (c). 

‘‘(e) DUTIES OF COMMISSIONER FOR EDUCATION STATISTICS.—The 

Commissioner for Education Statistics shall— 

‘‘(1) ensure that the data required under this section are 

posted on the Department of Education’s Web site within a 

reasonable period of time; and 

‘‘(2) not later than 180 days after the date of the enactment 

of the Student Success Act, notify all elementary and secondary schools in all States about the requirements under subsection (c) and issue guidance to all elementary and secondary 

schools on how to collect and report the information required 

under this section.’’. 

SEC. 902. CONFORMING AMENDMENT. 

Section 2 is amended by adding after the item relating to section 

9536 the following: 

‘‘Sec. 9537. Background checks. 

‘‘Sec. 9538. Equality in athletic programs.’’. 

Subtitle B—Evaluation Authority 

SEC. 911. EVALUATION AUTHORITY. 

Title IX (20 U.S.C. 7801 et seq.) is further amended by amending 

part F to read as follows: 

‘‘PART F—EVALUATION AUTHORITY 

‘‘SEC. 9911. EVALUATION AUTHORITY. 

‘‘(a) RESERVATION OF FUNDS.—The Secretary shall reserve not 

less than 1 percent of the amount appropriated to carry out each 

categorical program and demonstration project authorized under 

this Act, except the Secretary may not reserve more than 1 percent 

of title I, part A to carry out the evaluation activities described in 

this section. 

‘‘(b) EVALUATION ACTIVITIES.—From funds reserved under subsection (a), the reserved amounts— 

‘‘(1) shall first be used by the Secretary, acting through the 

Director of the Institute of Education Sciences, to— 

‘‘(A) conduct comprehensive, high-quality evaluations of 

the program that— 


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‘‘(i) are consistent with the evaluation plan under 

subsection (d); and 

‘‘(ii) primarily include impact evaluations that use 

experimental or quasi-experimental designs, where 

practicable and appropriate, and other rigorous methodologies that permit the strongest possible causal inferences; 

‘‘(B) conduct studies of the effectiveness of the program 

and the administrative impact of the program on schools 

and local educational agencies; and 

‘‘(C) widely disseminate evaluation findings under this 

section related to programs authorized under this Act— 

‘‘(i) in a timely fashion; 

‘‘(ii) in forms that are understandable, easily accessible, and usable, or adaptable for use in, the improvement of educational practice; 

‘‘(iii) through electronic transfer, and other means, 

such as posting, as available, to the websites of State 

educational agencies, local educational agencies, the 

Institute of Education Sciences, the Department, or in 

another relevant place; and 

‘‘(iv) in a manner that promotes the utilization of 

such findings; and 

‘‘(2) may be used by the Secretary, acting through the Director of the Institute of Education Sciences— 

‘‘(A) to evaluate the aggregate short- and long-term effects and cost efficiencies across Federal programs assisted 

or authorized under this Act and related Federal early 

childhood education, preschool, elementary school, and secondary school programs under any other Federal law; and 

‘‘(B) assist grantees of such programs in collecting and 

analyzing data related to conducting high-quality evaluations under paragraph (1). 

‘‘(c) TITLE I.—The Secretary, acting through the Director of the 

Institute of Education Sciences, shall use funds authorized under 

subsection(a)(1) to carry out evaluation activities under this section 

related to title I. 

‘‘(d) CONSOLIDATION.—Notwithstanding any other provision of 

this section the Secretary in consultation with the Director of the 

Institute of Education Sciences— 

‘‘(1) may consolidate the funds reserved under subsections (a) 

or (c) for purposes of carrying out the activities under subsection (b)(1) and subsection (g); and 

‘‘(2) shall not be required to evaluate under subsection (b)(1) 

each program authorized under this Act each year. 

‘‘(e) EVALUATION PLAN.—The Director of the Institute of Education Sciences, shall, on a biennial basis, develop, submit to Congress, and make publicly available an evaluation plan, that— 

‘‘(1) describes the specific activities that will be carried out 

under subsection (b) for the 2-year period applicable to the 

plan, and the timelines of such activities; 

‘‘(2) contains the results of the activities carried out under 

subsection (b) for the most recent 2-year period; and 

‘‘(3) describes how programs authorized under this Act will 

be regularly evaluated. 


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‘‘(f) EVALUATION ACTIVITIES AUTHORIZED ELSEWHERE.—If, under 

any other provision of this Act, funds are authorized to be reserved 

or used for evaluation activities with respect to a program, the Secretary may not reserve additional funds under this section for the 

evaluation of that program.’’. 

Subtitle C—Keeping All Students Safe 

SEC. 911. KEEPING ALL STUDENTS SAFE. 

Title IX (20 U.S.C. 7801 et seq.) is further amended by adding 

at the end the following: 

‘‘PART G—KEEPING ALL STUDENTS SAFE 

‘‘SEC. 9701. DEFINITIONS. 

‘‘In this part: 

‘‘(1) CHEMICAL RESTRAINT.—The term ‘chemical restraint’ 

means a drug or medication used on a student to control behavior or restrict freedom of movement that is not— 

‘‘(A) prescribed by a licensed physician, or other qualified 

health professional acting under the scope of the professional’s authority under State law, for the standard treatment of a student’s medical or psychiatric condition; and 

‘‘(B) administered as prescribed by the licensed physician or other qualified health professional acting under the 

scope of the professional’s authority under State law. 

‘‘(2) MECHANICAL RESTRAINT.—The term ‘mechanical restraint’ has the meaning given the term in section 595(d)(1) of 

the Public Health Service Act (42 U.S.C. 290jj(d)(1)), except 

that the meaning shall be applied by substituting ‘student’s’ for 

‘resident’s’. 

‘‘(3) PHYSICAL ESCORT.—The term ‘physical escort’ has the 

meaning given the term in section 595(d)(2) of the Public 

Health Service Act (42 U.S.C. 290jj(d)(2)), except that the 

meaning shall be applied by substituting ‘student’ for ‘resident’. 

‘‘(4) PHYSICAL RESTRAINT.—The term ‘physical restraint’ 

mean a personal restriction that immobilizes or reduces the 

ability of an individual to move the individual’s arms, legs, 

torso, or head freely. Such term does not include a physical escort, mechanical restraint, or chemical restraint. 

‘‘(5) POSITIVE BEHAVIOR SUPPORTS.—The term ‘positive behavior supports’ means a systematic approach to embed evidence-based practices and data-driven decisionmaking to improve school climate and culture, including a range of systemic 

and individualized strategies to reinforce desired behaviors and 

diminish reoccurrence of problem behaviors, in order to achieve 

improved academic and social outcomes and increase learning 

for all students, including students with the most complex and 

intensive behavioral needs. 

‘‘(6) PROTECTION AND ADVOCACY SYSTEM.—The term ‘protection and advocacy system’ means a protection and advocacy 

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mental Disabilities Assistance and Bill of Rights Act of 2000 

(42 U.S.C. 15041 et seq.). 

‘‘(7) SCHOOL.—The term ‘school’ means an entity— 

‘‘(A) that— 

‘‘(i) is a public or private— 

‘‘(I) day or residential elementary school or secondary school; or 

‘‘(II) early childhood, elementary school, or secondary school program that is under the jurisdiction of a school, local educational agency, educational service agency, or other educational institution or program; and 

‘‘(ii) receives, or serves students who receive, support in any form from any program supported, in 

whole or in part, with funds appropriated under the 

Student Success Act; or 

‘‘(B) that is a school funded or operated by the Department of the Interior. 

‘‘(8) SCHOOL PERSONNEL.—The term ‘school personnel’ has 

the meaning— 

‘‘(A) given the term in section 4151(10); and 

‘‘(B) given the term ‘school resource officer’ in section 

4151(11). 

‘‘(9) SECLUSION.—The term ‘seclusion’ means— 

‘‘(A) the involuntary confinement of a student alone in a 

room or area from which the student is physically prevented from leaving; and 

‘‘(B) does not include a time out. 

‘‘(10) STATE-APPROVED CRISIS INTERVENTION TRAINING PROGRAM.—The term ‘State-approved crisis intervention training 

program’ means a training program approved by a State and 

the Secretary that, at a minimum, provides— 

‘‘(A) training in evidence-based techniques shown to be 

effective in the prevention of physical restraint and seclusion; 

‘‘(B) training in evidence-based techniques shown to be 

effective in keeping both school personnel and students 

safe when imposing physical restraint or seclusion; 

‘‘(C) evidence-based skills training related to positive behavior supports, safe physical escort, conflict prevention, 

understanding antecedents, de-escalation, and conflict 

management; 

‘‘(D) training in first aid and cardiopulmonary resuscitation; 

‘‘(E) information describing State policies and procedures 

that meet the minimum standards established by regulations promulgated pursuant to section 9702(a); and 

‘‘(F) certification for school personnel in the techniques 

and skills described in subparagraphs (A) through (D), 

which shall be required to be renewed on a periodic basis. 

‘‘(11) STUDENT.—The term ‘student’ means a student enrolled 

in a school defined in paragraph (7), except that in the case of 

a student enrolled in a private school or private program, such 

term means a student who receives support in any form from 


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any program supported, in whole or in part, with funds appropriated under the Student Success Act. 

‘‘(12) TIME OUT.—The term ‘time out’ has the meaning given 

the term in section 595(d)(5) of the Public Health Service Act 

(42 U.S.C. 290jj(d)(5)), except that the meaning shall be applied by substituting ‘student’ for ‘resident’. 

‘‘SEC. 9702. MINIMUM STANDARDS; RULE OF CONSTRUCTION. 

‘‘(a) MINIMUM STANDARDS.—Not later than 180 days after the 

date of the enactment of the Student Success Act, to ensure a safe 

learning environment and protect each student from physical or 

mental abuse, aversive behavioral interventions that compromise 

student health and safety, or any physical restraint or seclusion 

imposed solely for purposes of discipline or convenience or in a 

manner otherwise inconsistent with this part, the Secretary shall 

promulgate regulations establishing the following minimum standards: 

‘‘(1) School personnel shall be prohibited from imposing on 

any student the following: 

‘‘(A) Mechanical restraints. 

‘‘(B) Chemical restraints. 

‘‘(C) Physical restraint or physical escort that restricts 

breathing. 

‘‘(D) Aversive behavioral interventions that compromise 

health and safety. 

‘‘(2) School personnel shall be prohibited from imposing physical restraint or seclusion on a student unless— 

‘‘(A) the student’s behavior poses an imminent danger of 

physical injury to the student, school personnel, or others; 

‘‘(B) less restrictive interventions would be ineffective in 

stopping such imminent danger of physical injury; 

‘‘(C) such physical restraint or seclusion is imposed by 

school personnel who— 

‘‘(i) continuously monitor the student face-to-face; or 

‘‘(ii) if school personnel safety is significantly compromised by such face-to-face monitoring, are in continuous direct visual contact with the student; 

‘‘(D) such physical restraint or seclusion is imposed by— 

‘‘(i) school personnel trained and certified by a Stateapproved crisis intervention training program (as defined in section 9701(16)); or 

‘‘(ii) other school personnel in the case of a rare and 

clearly unavoidable emergency circumstance when 

school personnel trained and certified as described in 

clause (i) are not immediately available due to the unforeseeable nature of the emergency circumstance; and 

‘‘(E) such physical restraint or seclusion ends immediately upon the cessation of the conditions described in 

subparagraphs (A) and (B). 

‘‘(3) States, in consultation with local educational agencies 

and private school officials, shall ensure that a sufficient number of personnel are trained and certified by a State-approved 

crisis intervention training program (as defined in section 

9701(16)) to meet the needs of the specific student population 

in each school. 


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‘‘(4) The use of physical restraint or seclusion as a planned 

intervention shall not be written into a student’s education 

plan, individual safety plan, behavioral plan, or individualized 

education program (as defined in section 602 of the Individuals 

with Disabilities Education Act (20 U.S.C. 1401)). Local educational agencies or schools may establish policies and procedures for use of physical restraint or seclusion in school safety 

or crisis plans, provided that such school plans are not specific 

to any individual student. 

‘‘(5) Schools shall establish procedures to be followed after 

each incident involving the imposition of physical restraint or 

seclusion upon a student, including— 

‘‘(A) procedures to provide to the parent of the student, 

with respect to each such incident— 

‘‘(i) an immediate verbal or electronic communication on the same day as the incident; and 

‘‘(ii) written notification within 24 hours of the incident; and 

‘‘(B) any other procedures the Secretary determines appropriate. 

‘‘(b) SECRETARY OF THE INTERIOR.—The Secretary of the Interior 

shall ensure that schools operated or funded by the Department of 

the Interior comply with the regulations promulgated by the Secretary under subsection (a). 

‘‘(c) RULE OF CONSTRUCTION.—Nothing in this section shall be 

construed to authorize the Secretary to promulgate regulations prohibiting the use of— 

‘‘(1) time out (as defined in section 9701(20)); 

‘‘(2) devices implemented by trained school personnel, or utilized by a student, for the specific and approved therapeutic or 

safety purposes for which such devices were designed and, if 

applicable, prescribed, including— 

‘‘(A) restraints for medical immobilization; 

‘‘(B) adaptive devices or mechanical supports used to 

achieve proper body position, balance, or alignment to 

allow greater freedom of mobility than would be possible 

without the use of such devices or mechanical supports; or 

‘‘(C) vehicle safety restraints when used as intended during the transport of a student in a moving vehicle; or 

‘‘(3) handcuffs by school resource officers (as such term is defined in section 4151(11))— 

‘‘(A) in the— 

‘‘(i) case when a student’s behavior poses an imminent danger of physical injury to the student, school 

personnel, or others; or 

‘‘(ii) lawful exercise of law enforcement duties; and 

‘‘(B) less restrictive interventions would be ineffective. 

‘‘SEC. 9703. STATE PLAN AND REPORT REQUIREMENTS AND ENFORCEMENT. 

‘‘(a) STATE PLAN.—Not later than 2 years after the Secretary promulgates regulations pursuant to section 9702(a), and each year 

thereafter, each State educational agency shall submit to the Secretary a State plan that provides— 

‘‘(1) assurances to the Secretary that the State has in effect— 


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‘‘(A) State policies and procedures that meet the minimum standards, including the standards with respect to 

State-approved crisis intervention training programs, established by regulations promulgated pursuant to section 

9702(a); and 

‘‘(B) a State mechanism to effectively monitor and enforce the minimum standards; 

‘‘(2) a description of the State policies and procedures, including a description of the State-approved crisis intervention 

training programs in such State; and 

‘‘(3) a description of the State plans to ensure school personnel and parents, including private school personnel and 

parents, are aware of the State policies and procedures. 

‘‘(b) REPORTING.— 

‘‘(1) REPORTING REQUIREMENTS.—Not later than 2 years after 

the date the Secretary promulgates regulations pursuant to 

section 9702(a), and each year thereafter, each State educational agency shall (in compliance with the requirements of 

section 444 of the General Education Provisions Act (commonly 

known as the ‘Family Educational Rights and Privacy Act of 

1974’) (20 U.S.C. 1232g)) prepare and submit to the Secretary, 

and make available to the public, a report that includes the information described in paragraph (2), with respect to each local 

educational agency, and each school not under the jurisdiction 

of a local educational agency, located in the same State as such 

State educational agency. 

‘‘(2) INFORMATION REQUIREMENTS.— 

‘‘(A) GENERAL INFORMATION REQUIREMENTS.—The report 

described in paragraph (1) shall include information on— 

‘‘(i) the total number of incidents in the preceding 

full-academic year in which physical restraint was imposed upon a student; and 

‘‘(ii) the total number of incidents in the preceding 

full-academic year in which seclusion was imposed 

upon a student. 

‘‘(B) DISAGGREGATION.— 

‘‘(i) GENERAL DISAGGREGATION REQUIREMENTS.—The 

information described in subparagraph (A) shall be 

disaggregated by— 

‘‘(I) the total number of incidents in which physical restraint or seclusion was imposed upon a 

student— 

‘‘(aa) that resulted in injury; 

‘‘(bb) that resulted in death; and 

‘‘(cc) in which the school personnel imposing 

physical restraint or seclusion were not 

trained and certified as described in section 

9702(a)(2)(D)(i); and 

‘‘(II) the demographic characteristics of all students upon whom physical restraint or seclusion 

was imposed, including— 

‘‘(aa) the categories identified in section 

1111(h)(1)(C)(i); 

‘‘(bb) age; and 


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‘‘(cc) disability status (which has the meaning given the term ‘individual with a disability’ in section 7(20) of the Rehabilitation 

Act of 1973 (29 U.S.C. 705(20))). 

‘‘(ii) UNDUPLICATED COUNT; EXCEPTION.—The 

disaggregation required under clause (i) shall— 

‘‘(I) be carried out in a manner to ensure an 

unduplicated count of the— 

‘‘(aa) total number of incidents in the preceding full-academic year in which physical 

restraint was imposed upon a student; and 

‘‘(bb) total number of incidents in the preceding full-academic year in which seclusion 

was imposed upon a student; and 

‘‘(II) not be required in a case in which the number of students in a category would reveal personally identifiable information about an individual 

student. 

‘‘(c) ENFORCEMENT.— ‘‘(1) IN GENERAL.— ‘‘(A) USE OF REMEDIES.—If a State educational agency 

fails to comply with subsection (a) or (b), the Secretary 

shall— 

‘‘(i) withhold, in whole or in part, further payments 

under an applicable program (as such term is defined 

in section 400(c) of the General Education Provisions 

Act (20 U.S.C. 1221)) in accordance with section 455 

of such Act (20 U.S.C. 1234d); 

‘‘(ii) require a State educational agency to submit, 

and implement, within 1 year of such failure to comply, a corrective plan of action, which may include redirection of funds received under an applicable program; or 

‘‘(iii) issue a complaint to compel compliance of the 

State educational agency through a cease and desist 

order, in the same manner the Secretary is authorized 

to take such action under section 456 of the General 

Education Provisions Act (20 U.S.C. 1234e). 

‘‘(B) CESSATION OF WITHHOLDING OF FUNDS.—Whenever 

the Secretary determines (whether by certification or other 

appropriate evidence) that a State educational agency who 

is subject to the withholding of payments under subparagraph (A)(i) has cured the failure providing the basis for 

the withholding of payments, the Secretary shall cease the 

withholding of payments with respect to the State educational agency under such subparagraph. 

‘‘(2) RULE OF CONSTRUCTION.—Nothing in this subsection 

shall be construed to limit the Secretary’s authority under the 

General Education Provisions Act (20 U.S.C. 1221 et seq.). 

‘‘SEC. 9704. GRANT AUTHORITY. 

‘‘(a) IN GENERAL.—From the amount appropriated under section 

922, the Secretary may award grants to State educational agencies 

to assist the agencies in— 

‘‘(1) establishing, implementing, and enforcing the policies 

and procedures to meet the minimum standards established by 


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regulations promulgated by the Secretary pursuant to section 

9702(a); 

‘‘(2) improving State and local capacity to collect and analyze 

data related to physical restraint and seclusion; and 

‘‘(3) improving school climate and culture by implementing 

school-wide positive behavior support approaches. 

‘‘(b) DURATION OF GRANT.—A grant under this section shall be 

awarded to a State educational agency for a 3-year period. 

‘‘(c) APPLICATION.—Each State educational agency desiring a 

grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require, including information on 

how the State educational agency will target resources to schools 

and local educational agencies in need of assistance related to preventing and reducing physical restraint and seclusion. 

‘‘(d) AUTHORITY TO MAKE SUBGRANTS.— 

‘‘(1) IN GENERAL.—A State educational agency receiving a 

grant under this section may use such grant funds to award 

subgrants, on a competitive basis, to local educational agencies. 

‘‘(2) APPLICATION.—A local educational agency desiring to receive a subgrant under this section shall submit an application 

to the applicable State educational agency at such time, in 

such manner, and containing such information as the State 

educational agency may require. 

‘‘(e) PRIVATE SCHOOL PARTICIPATION.— 

‘‘(1) IN GENERAL.—A local educational agency receiving 

subgrant funds under this section shall, after timely and meaningful consultation with appropriate private school officials, ensure that private school personnel can participate, on an equitable basis, in activities supported by grant or subgrant funds. 

‘‘(2) PUBLIC CONTROL OF FUNDS.—The control of funds provided under this section, and title to materials, equipment, and 

property purchased with such funds, shall be in a public agency, and a public agency shall administer such funds, materials, 

equipment, and property. 

‘‘(f) REQUIRED ACTIVITIES.—A State educational agency receiving 

a grant, or a local educational agency receiving a subgrant, under 

this section shall use such grant or subgrant funds to carry out the 

following: 

‘‘(1) Researching, developing, implementing, and evaluating 

strategies, policies, and procedures to prevent and reduce physical restraint and seclusion in schools, consistent with the minimum standards established by regulations promulgated by the 

Secretary pursuant to section 9702(a). 

‘‘(2) Providing professional development, training, and certification for school personnel to meet such standards. 

‘‘(3) Carrying out the reporting requirements under section 

9703(b) and analyzing the information included in a report prepared under such section to identify student, school personnel, 

and school needs related to use of physical restraint and seclusion. 

‘‘(g) ADDITIONAL AUTHORIZED ACTIVITIES.—In addition to the required activities described in subsection (f), a State educational 

agency receiving a grant, or a local educational agency receiving a 


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subgrant, under this section may use such grant or subgrant funds 

for one or more of the following: 

‘‘(1) Developing and implementing high-quality professional 

development and training programs to implement evidencebased systematic approaches to school-wide positive behavior 

supports, including improving coaching, facilitation, and training capacity for administrators, teachers, specialized instructional support personnel, and other staff. 

‘‘(2) Providing technical assistance to develop and implement 

evidence-based systematic approaches to school-wide positive 

behavior supports, including technical assistance for data-driven decisionmaking related to behavioral supports and interventions in the classroom. 

‘‘(3) Researching, evaluating, and disseminating high-quality 

evidence-based programs and activities that implement schoolwide positive behavior supports with fidelity. 

‘‘(4) Supporting other local positive behavior support implementation activities consistent with this subsection. 

‘‘(h) EVALUATION AND REPORT.—Each State educational agency 

receiving a grant under this section shall, at the end of the 3-year 

grant period for such grant— 

‘‘(1) evaluate the State’s progress toward the prevention and 

reduction of physical restraint and seclusion in the schools located in the State, consistent with the minimum standards established by regulations promulgated by the Secretary pursuant to section 9702(a); and 

‘‘(2) submit to the Secretary a report on such progress. 

‘‘(i) DEPARTMENT OF THE INTERIOR.—From the amount appropriated under section 9708, the Secretary may allocate funds to the 

Secretary of the Interior for activities under this section with respect to schools operated or funded by the Department of the Interior, under such terms as the Secretary of Education may prescribe. 

‘‘SEC. 9705. NATIONAL ASSESSMENT. 

‘‘(a) NATIONAL ASSESSMENT.—The Secretary shall carry out a national assessment to determine the effectiveness of this part, which 

shall include— 

‘‘(1) analyzing data related to physical restraint and seclusion incidents; 

‘‘(2) analyzing the effectiveness of Federal, State, and local 

efforts to prevent and reduce the number of physical restraint 

and seclusion incidents in schools; 

‘‘(3) identifying the types of programs and services that have 

demonstrated the greatest effectiveness in preventing and reducing the number of physical restraint and seclusion incidents 

in schools; and 

‘‘(4) identifying evidence-based personnel training models 

with demonstrated success in preventing and reducing the 

number of physical restraint and seclusion incidents in schools, 

including models that emphasize positive behavior supports 

and de-escalation techniques over physical intervention. 

‘‘(b) REPORT.—The Secretary shall submit to the Committee on 

Education and the Workforce of the House of Representatives and 

the Committee on Health, Education, Labor, and Pensions of the 

Senate— 


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‘‘(1) not later than 3 years after the date of enactment of the 

Student Success Act, an interim report that summarizes the 

preliminary findings of the assessment described in subsection 

(a); and 

‘‘(2) not later than 5 years after the date of the enactment 

of the Student Success Act, a final report of the findings of the 

assessment. 

‘‘SEC. 9706. PROTECTION AND ADVOCACY SYSTEMS. 

‘‘Protection and Advocacy Systems shall have the authority provided under section 143 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15043) to investigate, 

monitor, and enforce protections provided for students under this 

part. 

‘‘SEC. 9707. LIMITATION OF AUTHORITY. 

‘‘(a) IN GENERAL.—Nothing in this part shall be construed to restrict or limit, or allow the Secretary to restrict or limit, any other 

rights or remedies otherwise available to students or parents under 

Federal or State law or regulation. 

‘‘(b) APPLICABILITY.— 

‘‘(1) PRIVATE SCHOOLS.—Nothing in this part shall be construed to affect any private school that does not receive, or 

does not serve students who receive, support in any form from 

any program supported, in whole or in part, with funds appropriated to the Department of Education. 

‘‘(2) HOME SCHOOLS.—Nothing in this part shall be construed 

to— 

‘‘(A) affect a home school, whether or not a home school 

is treated as a private school or home school under State 

law; or 

‘‘(B) consider parents who are schooling a child at home 

as school personnel. 

‘‘SEC. 9708. AUTHORIZATION OF APPROPRIATIONS. 

‘‘There are authorized to be appropriated such sums as may be 

necessary to carry out this part for fiscal year 2016 and each of the 

4 succeeding fiscal years. 

‘‘SEC. 9709. PRESUMPTION OF CONGRESS RELATING TO COMPETITIVE 

PROCEDURES. 

‘‘(a) PRESUMPTION.—It is the presumption of Congress that 

grants awarded under this part will be awarded using competitive 

procedures based on merit. 

‘‘(b) REPORT TO CONGRESS.—If grants are awarded under this 

part using procedures other than competitive procedures, the Secretary shall submit to Congress a report explaining why competitive procedures were not used.’’. 

Subtitle D—Protecting Student Athletes 

From Concussions 

SEC. 931. PROTECTING STUDENT ATHLETES FROM CONCUSSIONS. 

Title IX (20 U.S.C. 7801 et seq.) is further amended by adding 

at the end the following: 


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‘‘PART H—PROTECTING STUDENT ATHLETES 

FROM CONCUSSIONS 

‘‘SEC. 9801. MINIMUM STATE REQUIREMENTS. 

‘‘Beginning with fiscal year 2016, in order to be eligible to receive 

funds for such year or a subsequent fiscal year under this Act each 

State educational agency shall issue regulations establishing the 

following minimum requirements in order to protect student academic achievement from the impact of concussions: 

‘‘(1) LOCAL EDUCATIONAL AGENCY CONCUSSION SAFETY AND

MANAGEMENT PLAN.—Each local educational agency in the 

State, in consultation with members of the community in 

which such agency is located, shall develop and implement a 

standard plan for concussion safety and management that includes— 

‘‘(A) the education of students, parents, and school personnel about concussions, such as— 

‘‘(i) the training and certification of school personnel, 

including coaches, athletic trainers, and school nurses, 

on concussion safety and management; and 

‘‘(ii) using and maintaining standardized release 

forms, treatment plans, observation, monitoring and 

reporting forms, recordkeeping forms, and post-injury 

fact sheets; 

‘‘(B) supports for students recovering from a concussion, 

such as— 

‘‘(i) guiding such student in resuming participation 

in athletic activity and academic activities with the 

help of a multi-disciplinary team, which may include— 

‘‘(I) a health care professional, the parents of 

such student, a school nurse, or other relevant 

school personnel; and 

‘‘(II) an individual who is assigned by a public 

school to oversee and manage the recovery of such 

student; 

‘‘(ii) providing appropriate academic accommodations; and 

‘‘(iii) referring students whose symptoms of concussion reemerge or persist upon the reintroduction of 

cognitive and physical demands for evaluation of the 

eligibility of such students for services under the Individual with Disabilities Education Act (20 U.S.C. 1400 

et seq.) and the Rehabilitation Act of 1973 (29 U.S.C. 

701 note et seq.); and 

‘‘(C) best practices designed to ensure, with respect to 

concussions, the uniformity of safety standards, treatment, 

and management, such as— 

‘‘(i) disseminating information on concussion management safety and management to the public; and 

‘‘(ii) applying uniform standards for concussion safety and management to all students enrolled in public 

schools. 

‘‘(2) POSTING OF INFORMATION ON CONCUSSIONS.—Each public 

elementary school and each secondary school shall post on 

school grounds, in a manner that is visible to students and 


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school personnel, and make publicly available on the school 

website, information on concussions that— 

‘‘(A) is based on peer-reviewed scientific evidence (such 

as information made available by the Centers for Disease 

Control and Prevention); 

‘‘(B) shall include— 

‘‘(i) the risks posed by sustaining a concussion; 

‘‘(ii) the actions a student should take in response to 

sustaining a concussion, including the notification of 

school personnel; and 

‘‘(iii) the signs and symptoms of a concussion; and 

‘‘(C) may include— 

‘‘(i) the definition of a concussion; 

‘‘(ii) the means available to the student to reduce the 

incidence or recurrence of a concussion; and 

‘‘(iii) the effects of a concussion on academic learning 

and performance. 

‘‘(3) RESPONSE TO CONCUSSION.—If any school personnel, including coaches and athletic trainers, of a public school suspects that a student has sustained a concussion during a 

school-sponsored athletic activity— 

‘‘(A) the student shall be— 

‘‘(i) immediately removed from participation in such 

activity; and 

‘‘(ii) prohibited from returning to participate in 

school-sponsored athletic activities— 

‘‘(I) on the day such student sustained a concussion; and 

‘‘(II) until such student submits a written release from a health care professional stating that 

the student is capable of resuming participation in 

school-sponsored athletic activities; and 

‘‘(B) such personnel shall report to the parent or guardian of such student— 

‘‘(i) the date, time, and extent of the injury suffered 

by such student; and 

‘‘(ii) any actions taken to treat such student. 

‘‘(4) RETURN TO ATHLETICS AND ACADEMICS.—Before a student who has sustained a concussion in a school-sponsored athletic activity resumes participation in school-sponsored athletic 

activities or academic activities, the school shall receive a written release from a health care professional, that— 

‘‘(A) states that the student is capable of resuming participation in such activities; and 

‘‘(B) may require the student to follow a plan designed 

to aid the student in recovering and resuming participation in such activities in a manner that— 

‘‘(i) is coordinated, as appropriate, with periods of 

cognitive and physical rest while symptoms of a concussion persist; and 

‘‘(ii) reintroduces cognitive and physical demands on 

such student on a progressive basis only as such increases in exertion do not cause the reemergence or 

worsening of symptoms of a concussion. 


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‘‘SEC. 9802. REPORT TO SECRETARY OF EDUCATION. 

‘‘Not later than 6 months after promulgating regulations pursuant to section 9801 in order to be eligible to receive funds under 

this Act, each State educational agency shall submit to the Secretary of Education a report that contains— 

‘‘(1) a description of the State regulations promulgated pursuant to section 9801; and 

‘‘(2) an assurance that the State has implemented such regulations. 

‘‘SEC. 9803. RULE OF CONSTRUCTION. 

‘‘Nothing in this subtitle shall be construed to alter or supersede 

State law with respect to education standards or procedures or civil 

liability. 

‘‘SEC. 9804. DEFINITIONS. 

‘‘In this subtitle: 

‘‘(1) CONCUSSION.—The term ‘concussion’ means a type of 

traumatic brain injury that— 

‘‘(A) is caused by a blow, jolt, or motion to the head or 

body that causes the brain to move rapidly in the skull; 

‘‘(B) disrupts normal brain functioning and alters the 

mental state of the individual, causing the individual to 

experience— 

‘‘(i) any period of observed or self-reported— 

‘‘(I) transient confusion, disorientation, or impaired consciousness; 

‘‘(II) dysfunction of memory around the time of 

injury; and 

‘‘(III) loss of consciousness lasting less than 30 

minutes; 

‘‘(ii) any one of four types of symptoms of a headache, including— 

‘‘(I) physical symptoms, such as headache, fatigue, or dizziness; 

‘‘(II) cognitive symptoms, such as memory disturbance or slowed thinking; 

‘‘(III) emotional symptoms, such as irritability 

or sadness; and 

‘‘(IV) difficulty sleeping; and 

‘‘(C) can occur— 

‘‘(i) with or without the loss of consciousness; and 

‘‘(ii) during participation in any organized sport or 

recreational activity. 

‘‘(2) HEALTH CARE PROFESSIONAL.—The term ‘health care professional’ means a physician, nurse, certified athletic trainer, 

physical therapist, neuropsychologist or other qualified individual who— 

‘‘(A) is a registered, licensed, certified, or otherwise 

statutorily recognized by the State to provide medical 

treatment; 

‘‘(B) is experienced in the diagnosis and management of 

traumatic brain injury among a pediatric population; and 

‘‘(C) may be a volunteer. 

‘‘(3) SCHOOL PERSONNEL.—The term ‘school personnel’ has 

the meaning given such term in section 4151. 


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‘‘(4) SCHOOL-SPONSORED ATHLETIC ACTIVITY.—The term 

‘school-sponsored athletic activity’ means— 

‘‘(A) any physical education class or program of a school; 

‘‘(B) any athletic activity authorized during the school 

day on school grounds that is not an instructional activity; 

and 

‘‘(C) any extracurricular sports team, club, or league organized by a school on or off school grounds.’’. 

TITLE X—EDUCATION FOR HOMELESS 

CHILDREN AND YOUTHS 

SEC. 1001. EDUCATION FOR HOMELESS CHILDREN AND YOUTHS. 

Subtitle B of title VII of the McKinney-Vento Homeless Assistance Act is amended to read as follows: 

‘‘Subtitle B—Education for Homeless 

Children and Youths 

‘‘SEC. 721. STATEMENT OF POLICY. 

‘‘The following is the policy of Congress: 

‘‘(1) Each State educational agency shall ensure that each 

homeless child and youth has access to the same free, appropriate public education, including a public preschool education, 

as provided to other children and youth. 

‘‘(2) In any State where compulsory residency requirements 

or other requirements of laws, regulations, practices, or policies 

may act as a barrier to the identification, enrollment, attendance, or success in school of homeless children and youth, the 

State shall review and revise such laws, regulations, practices, 

or policies to ensure that homeless children and youth are afforded the same free appropriate public education as is provided to other children and youth. 

‘‘(3) Homelessness is not a sufficient reason to separate students from the mainstream school environment. 

‘‘(4) Homeless children and youth shall have access to the 

education and other services that such children and youth need 

to ensure that such children and youth have an opportunity to 

meet the same college and career ready State student academic 

achievement standards to which all students are held. 

‘‘SEC. 722. GRANTS FOR STATE AND LOCAL ACTIVITIES FOR THE EDUCATION OF HOMELESS CHILDREN AND YOUTHS. 

‘‘(a) GENERAL AUTHORITY.—The Secretary is authorized to make 

grants to States from allotments made under subsection (c) and in 

accordance with this section to enable such States to carry out the 

activities described in subsections (d) through (g). 

‘‘(b) APPLICATION.—In order for a State to be eligible to receive 

a grant under this section, the State educational agency, in consultation with other relevant State agencies, shall submit an application to the Secretary at such time, in such manner, and containing or accompanied by such information as the Secretary may 

reasonably require. 

‘‘(c) ALLOCATION AND RESERVATIONS.— 


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‘‘(1) ALLOCATION.— ‘‘(A) IN GENERAL.—Subject to subparagraph (C), the Secretary is authorized to allot to each State an amount that 

bears the same ratio to the amount appropriated for such 

year under section 727 that remains after the Secretary reserves funds under paragraph (2) and uses funds to carry 

out section 724(d) and (h), as the amount allocated under 

section 1122 of the Elementary and Secondary Education 

Act of 1965 (20 U.S.C. 6332) to the State for that year 

bears to the total amount allocated under section 1122 of 

such Act to all States for that year, except as provided in 

subparagraph (B)— 

‘‘(B) MINIMUM ALLOTMENTS.—No State shall receive for 

a fiscal year less under this paragraph than the greater 

of— 

‘‘(i) $300,000; or 

‘‘(ii) an amount that bears the same ratio to the 

amount appropriated for such year under section 727 

that remains after the Secretary reserves funds under 

paragraph (2) and uses funds to carry out section 724 

(d) and (h), as the amount the State received under 

this paragraph for the preceding fiscal year bears to 

the total amount received by all States under this 

paragraph for the preceding fiscal year. 

‘‘(C) REDUCTION FOR INSUFFICIENT FUNDS.—If there are 

insufficient funds in a fiscal year to allot to each State the 

minimum amount under subparagraph (B), the Secretary 

shall ratably reduce the allotments to all States based on 

the proportionate share that each State received under 

this subsection for the preceding fiscal year. 

‘‘(2) RESERVATIONS.— ‘‘(A) STUDENTS IN TERRITORIES.—The Secretary is authorized to reserve 0.1 percent of the amount appropriated 

for each fiscal year under section 727 to be allocated by the 

Secretary among the United States Virgin Islands, Guam, 

American Samoa, and the Commonwealth of the Northern 

Mariana Islands, according to their respective need for assistance under this title, as determined by the Secretary. 

Funds allocated under this subparagraph shall be used for 

programs that are consistent with the purposes of the programs described in this subtitle. 

‘‘(B) INDIAN STUDENTS.— 

‘‘(i) TRANSFER.—The Secretary shall transfer 1 percent of the amount appropriated for each fiscal year 

under section 727 to the Department of the Interior 

for programs that are for Indian students served by 

schools funded by the Secretary of the Interior, as determined under the Indian Self-Determination and 

Education Assistance Act (25 U.S.C. 450 et seq.), and 

that are consistent with the purposes of the programs 

described in this title. 

‘‘(ii) AGREEMENT.—The Secretary of Education and 

the Secretary of the Interior shall enter into an agreement, consistent with the requirements of this title, 

for the distribution and use of the funds described in 


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clause (i) under terms that the Secretary of Education 

determines best meet the purposes of the programs described in this title. Such agreement shall set forth the 

plans of the Secretary of the Interior for the use of the 

funds transferred, including appropriate goals, objectives, and milestones for that use. 

‘‘(d) STATE ACTIVITIES.—Grant funds from a grant made to a 

State under this section shall be used for the following: 

‘‘(1) To provide activities for and services to improve the 

identification of homeless children and youth and enable such 

children and youth to enroll in, attend, and succeed in school, 

including in early childhood education programs. 

‘‘(2) To establish or designate an Office of the Coordinator for 

Education of Homeless Children and Youth in the State educational agency in accordance with subsection (f) that has sufficient knowledge, authority, and time to carry out the duties described in this title. 

‘‘(3) To prepare and carry out the State plan described in 

subsection (g). 

‘‘(4) To develop and implement professional development activities for liaisons designated under subsection (g)(1)(J)(ii), 

other local educational agency school personnel, and community agencies to improve their— 

‘‘(A) identification of homeless children and youth; and 

‘‘(B) awareness of, and capacity to respond to, specific 

needs in the education of homeless children and youth. 

‘‘(e) STATE AND LOCAL SUBGRANTS.— ‘‘(1) MINIMUM DISBURSEMENTS BY STATES.—From the grant 

funds made available each year to a State under subsection (a) 

to carry out this title, the State educational agency shall distribute not less than 75 percent by making subgrants under 

section 723 to local educational agencies for the purposes of 

carrying out section 723. 

‘‘(2) USE BY STATE EDUCATIONAL AGENCY.—A State educational agency may use any grant funds remaining after making subgrants under section 723 to conduct activities under 

subsection (f) directly or through making grants or entering 

into contracts. 

‘‘(3) PROHIBITION ON SEGREGATING HOMELESS STUDENTS.—In 

providing a free public education to a homeless child or youth, 

no State receiving funds under this title shall segregate such 

child or youth in a separate school, or in a separate program 

within a school, based on such child’s or youth’s status as 

homeless. 

‘‘(A) EXCEPTION.—Notwithstanding paragraph (3), paragraphs (1)(J)(i) and (3) of subsection (g), section 723(a)(2), 

and any other provision of this title relating to the placement of homeless children or youths in schools, a State 

that has a separate school for homeless children or youths 

that was operated and in receipt of funds under this title 

in fiscal year 2015 in a covered county shall be eligible to 

receive funds under this title for programs carried out in 

such school. 

‘‘(B) DEFINITION.—For purposes of this paragraph, the 

term ‘covered county’ means San Diego County, California. 


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‘‘(f) FUNCTIONS OF THE OFFICE OF COORDINATOR.—The Coordinator for Education of Homeless Children and Youth established in 

each State shall— 

‘‘(1) gather and make publicly available reliable, valid, and 

comprehensive information on 

‘‘(A) the nature and extent of the problems homeless 

children and youth have in gaining access to public preschool programs, and to public elementary schools and secondary schools; 

‘‘(B) the difficulties in identifying the special needs and 

barriers to participation and achievement of such children 

and youth; 

‘‘(C) any progress made by the State educational agency 

and local educational agencies in the State in addressing 

such problems and difficulties; and 

‘‘(D) the success of the programs under this title in identifying homeless children and youth and allowing homeless 

children and youth to enroll in, attend, and succeed in 

school; and 

‘‘(2) develop and carry out the State plan described in subsection (g); 

‘‘(3) collect data for and transmit to the Secretary, at such 

time and in such manner as the Secretary may require, reports 

containing such information as the Secretary determines is 

necessary to assess the educational needs of homeless children 

and youth within the State including data requested pursuant 

to section 724(h); 

‘‘(4) improve the provision of comprehensive education and 

related support services to homeless children and youth and 

their families, and to minimize educational disruption, through 

coordination of activities and collaboration with— 

‘‘(A) educators, including teachers, administrators, specialized instructional support personnel, and child development and preschool program personnel; 

‘‘(B) providers of services to homeless children and youth 

and homeless families, public and private child welfare 

and social service agencies, law enforcement agencies, juvenile and family courts, agencies providing mental health 

services, domestic violence agencies, child care providers, 

runaway and homeless youth centers, and providers of 

services and programs funded under the Runaway and 

Homeless Youth Act (42 U.S.C. 5701 et seq.); 

‘‘(C) providers of emergency, transitional, and permanent 

housing to homeless children and youth, and their families, including public housing agencies, shelter operators, 

operators of transitional housing facilities, and providers of 

transitional living programs for homeless youth; 

‘‘(D) local educational agency liaisons designated under 

subsection (g)(1)(J)(ii) for homeless children and youths; 

and 

‘‘(E) community organizations and groups representing 

homeless children and youth and their families; and 

‘‘(5) provide professional development and technical assistance to and conduct monitoring of local educational agencies, 

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ignated under subsection (g)(1)(J)(ii), to ensure that local educational agencies comply with the requirements of paragraphs 

(3) through (8) of subsection (g), and subsection (e)(3); and 

‘‘(g) STATE PLAN.— ‘‘(1) IN GENERAL.—Each State shall submit to the Secretary 

and implement a plan to provide for the education of homeless 

children and youth within the State. Such plan shall include 

the following: 

‘‘(A) A description of how such children and youth are (or 

will be) given the opportunity 

‘‘(i) to meet the same challenging State academic 

achievement standards all students are expected to 

meet; and 

‘‘(ii) to become college and career ready. 

‘‘(B) A description of the procedures the State educational agency will use, in coordination with local educational agencies, to identify such children and youths in 

the State and to assess their needs. 

‘‘(C) A description of procedures for the prompt resolution of disputes arising under this title, which shall— 

‘‘(i) be developed in coordination and collaboration 

with the liaisons designated under subparagraph 

(J)(ii); 

‘‘(ii) be readily available and provided in a written 

format and, to the extent practicable, in a manner and 

form understandable to the parents and guardians of 

homeless children and youth; 

‘‘(iii) take into account the educational best interest 

of the homeless child or youth, or unaccompanied 

youth, involved; and 

‘‘(iv) ensure that parents and guardians of homeless 

children and youth, and unaccompanied youth, who 

have exhausted the procedures available under this 

paragraph are able to appeal to the State educational 

agency, and are enrolled in school pursuant to paragraph (4)(C) and receive transportation pursuant to 

subparagraph (J)(iii) pending final resolution of the 

dispute. 

‘‘(D) A description of programs for school personnel (including the liaisons, principals, attendance officers, teachers, enrollment personnel, and specialized instructional 

support personnel) to increase the awareness of such personnel of the specific needs of homeless adolescents, including runaway and homeless youth. 

‘‘(E) A description of procedures that ensure that homeless children and youth are able to participate in Federal, 

State, or local nutrition programs. 

‘‘(F) A description of procedures that ensure that— 

‘‘(i) homeless children have access to public preschool programs, administered by the State educational agency or local educational agency, including 

through the policies and practices required under 

paragraph (3); 

‘‘(ii) homeless youths and youth separated from the 

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cess to appropriate and available secondary education 

and support services, including receiving appropriate 

credit for full or partial coursework satisfactorily completed while attending a prior school, and for work 

completed after their enrollment in a new school, consistent with State graduation requirements and accreditation standards; and 

‘‘(iii) homeless children and youth who meet the relevant eligibility criteria are able to participate in Federal, State, or local educational programs, such as 

‘‘(I) innovative school models, including charter 

schools, magnet schools, and blended learning 

schools; 

‘‘(II) expanded learning time and out-of-school 

time programs, including before- and after-school 

programs and summer schools; 

‘‘(III) middle and secondary school enrichment 

programs, including career and technical education, advanced placement, international baccalaureate, and dual enrollment courses; 

‘‘(IV) online learning opportunities, including 

virtual schools; and 

‘‘(V) relevant workforce investment programs. 

‘‘(G) Strategies to address problems identified in the reports provided to the Secretary under subsection (f)(3). 

‘‘(H) Strategies to address other problems with respect to 

the education of homeless children and youth, including 

enrollment problems related to— 

‘‘(i) immunization and other required health records 

and screenings; 

‘‘(ii) residency requirements; 

‘‘(iii) lack of birth certificates, school records, or 

other documentation; 

‘‘(iv) guardianship issues; or 

‘‘(v) uniform or dress code requirements. 

‘‘(I) A demonstration that the State educational agency 

and local educational agencies and schools in the State 

have developed, and shall review and revise, their policies 

and practices to remove barriers to the identification, enrollment, attendance, retention, and success of homeless 

children and youth in schools, including early childhood 

education programs, in the State. 

‘‘(J) Assurances that the following will be carried out— 

‘‘(i) the State educational agency and local educational agencies in the State will adopt policies and 

practices to ensure that homeless children and youth 

are not stigmatized or segregated on the basis of their 

status as homeless; 

‘‘(ii) local educational agencies will designate an appropriate staff person as the local educational agency 

liaison for homeless children and youth, who shall 

have sufficient training and time to carry out the duties described in paragraph (7)(A), and who may also 

be a coordinator for other Federal programs. 


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‘‘(iii) the State and local educational agencies in the 

State will adopt policies and practices to ensure that 

transportation is provided at the request of the parent 

or guardian involved (or in the case of an unaccompanied youth, the liaison), to and from the school of origin for as long as the student has the right to attend 

the school of origin as determined in paragraph (4)(A), 

in accordance with the following, where applicable: 

‘‘(I) If the child or youth continues to live in the 

area served by the local educational agency for the 

school of origin, the child’s or youth’s transportation to and from the school of origin shall be 

provided or arranged by the local educational 

agency for the school of origin. 

‘‘(II) If the child’s or youth’s living arrangements 

in the area served by the local educational agency 

of origin terminate and the child or youth, though 

continuing the child’s or youth’s education in the 

school of origin, begins living in an area served by 

another local educational agency, the local educational agency of origin and the local educational 

agency for the area in which the child or youth is 

living shall agree upon a method to apportion the 

responsibility and cost for providing transportation to and from the school of origin. If the local 

educational agencies are unable to agree upon 

such method, the responsibility and costs for 

transportation shall be shared equally between 

the agencies. 

‘‘(iv) The State educational agency and local educational agencies will adopt policies and practices to 

promote school success for homeless children and 

youth, including access to full participation in academic and extracurricular activities that are made 

available to non-homeless students. 

‘‘(2) COMPLIANCE.— 

‘‘(A) IN GENERAL.—Each plan adopted under this subsection shall also describe how the State will ensure that 

local educational agencies in the State will comply with 

the requirements of paragraphs (3) through (8). 

‘‘(B) COORDINATION.—Such plan shall indicate what 

technical assistance the State will furnish to local educational agencies and how compliance efforts will be coordinated with the local educational agency liaisons designated under paragraph (1)(J)(ii). 

‘‘(3) LOCAL EDUCATIONAL AGENCY REQUIREMENTS.— 

‘‘(A) IN GENERAL.—The local educational agency serving 

each child or youth to be assisted under this title shall, according to the child’s or youth’s best interest— 

‘‘(i) continue the child’s or youth’s education in the 

school of origin for the duration of homelessness— 

‘‘(I) in any case in which the child or youth becomes a homeless child or youth between academic years or during an academic year; or 


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‘‘(II) for the remainder of the academic year, if 

the child or youth becomes permanently housed 

during an academic year; or 

‘‘(ii) enroll the child or youth in any public school 

that nonhomeless students who live in the attendance 

area in which the child or youth is actually living are 

eligible to attend. 

‘‘(B) BEST INTEREST.—In determining the best interest of 

the child or youth under subparagraph (A), the local educational agency shall— 

‘‘(i) presume that keeping a homeless child or youth 

in the school of origin is in the child’s or youth’s best 

interest, except when doing so is contrary to the wishes of the child’s or youth’s parent or guardian; 

‘‘(ii) consider student-centered factors related to the 

child’s or youth’s best interest, including factors related to the impact of mobility on achievement, education, health, and safety of homeless children and 

youth, giving priority to the wishes of the homeless 

child’s or youth’s parent or guardian or the unaccompanied youth involved; 

‘‘(iii) if, after conducting the best interest determination described in clause (ii), the local educational agency determines that it is not in the child’s or youth’s 

best interest to attend the school or origin or the 

school requested by the parent, guardian, or unaccompanied youth, provide, in coordination with the local 

educational agency liaison, the homeless child’s or 

youth’s parent or guardian or the unaccompanied 

youth, with a written explanation in a manner or form 

understandable to such parent, guardian, or youth, to 

the extent practicable, including a statement regarding the right to appeal under subparagraph (E); 

‘‘(iv) in the case of an unaccompanied youth, ensure 

that the homeless liaison designated under paragraph 

(1)(J)(ii) assists in placement or enrollment decisions 

under this subparagraph, gives priority to the views of 

such unaccompanied youth, and provides notice to 

such youth of the right to appeal under subparagraph 

(E); and 

‘‘(v) provide transportation pursuant to paragraphs 

(1)(J)(iii) and (5). 

‘‘(C) ENROLLMENT.— 

‘‘(i) ENROLLMENT.—The school selected in accordance 

with this paragraph shall immediately enroll the 

homeless child or youth, even if the child or youth— 

‘‘(I) is unable to produce records traditionally required for enrollment, including previous academic records, health records, proof of residency 

or guardianship, or other documentation; 

‘‘(II) has unpaid fines or fees from prior schools 

or is unable to pay fees in the school selected; or 

‘‘(III) has missed application or enrollment 

deadlines during any period of homelessness. 


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‘‘(ii) CONTACTING SCHOOL LAST ATTENDED.—The enrolling school shall immediately contact the school last 

attended by the child or youth to obtain relevant academic and other records. 

‘‘(iii) RELEVANT HEALTH RECORDS.—If the child or 

youth needs to obtain immunizations or other required 

health records, the enrolling school shall immediately 

enroll the child or youth and immediately refer the 

parent or guardian of the child or youth, or the unaccompanied youth, to the local educational agency liaison designated under paragraph (1)(J)(ii), who shall 

assist in obtaining necessary immunizations or 

screenings or other required health records, in accordance with subparagraph (D). 

‘‘(iv) NO LIABILITY.—Whenever the school selected 

enrolls an unaccompanied youth in accordance with 

this paragraph, no liability shall be imposed upon the 

school by reason of enrolling the youth without parent 

or guardian consent. 

‘‘(D) RECORDS.—Any record ordinarily kept by the school, 

including immunization or medical records, academic 

records, birth certificates, guardianship records, and evaluations for special services or programs, regarding each 

homeless child or youth shall be maintained— 

‘‘(i) so that the records involved are available when 

a child or youth enters a new school or school district, 

even if the child or youth owes fees or fines or did not 

withdraw from the previous school in conformance 

with local withdrawal procedures; and 

‘‘(ii) in a manner consistent with section 444 of the 

General Education Provisions Act (20 U.S.C. 1232g). 

‘‘(E) DISPUTES.—If a dispute arises over eligibility, enrollment, school selection or service in a public school or 

public preschool, or any other issue relating to services 

under this title— 

‘‘(i) in the case of a dispute relating to eligibility for 

enrollment or school selection, the child or youth shall 

be immediately enrolled in the school in which enrollment is sought, pending final resolution of the dispute 

including all available appeals; 

‘‘(ii) the parent or guardian of the child or youth 

shall be provided with a written explanation of the 

school’s decision regarding eligibility for enrollment, 

school selection, or services, made by the school or the 

local educational agency, which shall include information about the right to appeal the decision; 

‘‘(iii) the child, youth, parent, or guardian shall be 

referred to the local educational agency liaison designated under paragraph (1)(J)(ii), who shall carry out 

the dispute resolution process as described in paragraph (1)(C) as expeditiously as possible after receiving notice of such dispute; and 

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rolled in the school in which the youth seeks enrollment, pending resolution of such dispute. 

‘‘(F) PLACEMENT CHOICE.—The choice regarding placement shall be made regardless of whether the child or 

youth involved lives with the homeless parents or has been 

temporarily placed elsewhere. 

‘‘(G) SCHOOL OF ORIGIN DEFINED.— ‘‘(i) IN GENERAL.—In this paragraph, the term 

‘school of origin’ means the school that the child or 

youth attended when permanently housed or the 

school in which the child or youth was last enrolled. 

‘‘(ii) RECEIVING SCHOOL.—When a child or youth 

completes the final grade level served by the school of 

origin, as described in clause (i), the term ‘school of origin’ shall include the designated receiving school at 

the next grade level for the feeder school that the child 

or youth attended. 

‘‘(H) CONTACT INFORMATION.—Nothing in this title shall 

prohibit a local educational agency from requiring a parent 

or guardian of a homeless child to submit contact information. 

‘‘(I) PRIVACY.—Information about a homeless child’s or 

youth’s living situation shall be treated as a student education record under section 444 of the General Education 

Provisions Act (20 U.S.C. 1232g) and shall not be released 

to housing providers, employers, law enforcement personnel, or other persons or agencies not authorized to have 

such information under section 99.31 of title 34, Code of 

Federal Regulations, paying particular attention to preventing disruption of the living situation of the child or 

youth and to supporting the safety of such children and 

youth who are survivors of domestic violence and unaccompanied youth. 

‘‘(J) ACADEMIC ACHIEVEMENT.—The school selected in accordance with this paragraph shall ensure that homeless 

children and youth have opportunities to meet the same 

college and career ready State student academic achievement standards to which other students are held, including implementing the policies and practices required by 

paragraph (1)(J)(iv). 

‘‘(4) COMPARABLE SERVICES.—In addition to receiving services 

provided for homeless children and youth under this title or 

other Federal, State, or local laws, regulations, policies, or 

practices, each homeless child or youth to be assisted under 

this title shall be provided services comparable to services offered to other students in the school selected under paragraph 

(4), including the following: 

‘‘(A) Transportation services. 

‘‘(B) Educational services for which the child or youth 

meets the eligibility criteria, such as services provided 

under title I of the Elementary and Secondary Education 

Act of 1965 (20 U.S.C. 6301 et seq.), similar State or local 

programs, charter schools, magnet schools, educational 

programs for children with disabilities, and educational 

programs for students with limited English proficiency. 


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‘‘(C) Programs in vocational and technical education. 

‘‘(D) Programs for gifted and talented students. 

‘‘(E) School nutrition programs. 

‘‘(F) Health and counseling services, as appropriate. 

‘‘(5) COORDINATION.— ‘‘(A) IN GENERAL.—Each local educational agency shall 

coordinate— 

‘‘(i) the provision of services under this title with the 

services of local social services agencies and other 

agencies or entities providing services to homeless 

children and youth and their families, including services and programs funded under the Runaway and 

Homeless Youth Act (42 U.S.C. 5701 et seq.); and 

‘‘(ii) transportation, transfer of school records, and 

other interdistrict activities, with other local educational agencies. 

‘‘(B) HOUSING ASSISTANCE.—Each State educational 

agency and local educational agency that receives assistance under this title shall coordinate, if applicable, with 

State and local housing agencies responsible for developing 

the comprehensive housing affordability strategy described 

in section 105 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12705) to minimize educational disruption for children and youth who become 

homeless. 

‘‘(C) COORDINATION PURPOSE.—The coordination required 

under subparagraphs (A) and (B) shall be designed to— 

‘‘(i) ensure that all homeless children and youth are 

identified within a reasonable time frame; 

‘‘(ii) ensure that all homeless children and youth 

have access to and are in reasonable proximity to 

available education and related support services; and 

‘‘(iii) raise the awareness of school personnel and 

service providers of the effects of short-term stays in 

a shelter and other challenges associated with homelessness. 

‘‘(D) HOMELESS CHILDREN AND YOUTHS WITH DISABIL- ITIES.—For children and youth who are to be assisted both 

under this title, and under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.) or section 504 

of the Rehabilitation Act of 1973 (29 U.S.C. 794), each 

local educational agency shall coordinate the provision of 

services under this title with the provision of programs for 

children with disabilities served by such local educational 

agency and other involved local educational agencies. 

‘‘(6) LOCAL EDUCATIONAL AGENCY LIAISON.— 

‘‘(A) DUTIES.—Each local educational agency liaison for 

homeless children and youth, designated under paragraph 

(1)(J)(ii), shall ensure that— 

‘‘(i) all homeless children and youths are identified 

by school personnel and through coordination activities with other entities and agencies; 

‘‘(ii) homeless children and youth are enrolled in, 

and have a full and equal opportunity to succeed in, 

schools of that local educational agency; 


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‘‘(iii) homeless families, children, and youth have access to educational services for which such families, 

children, and youth are eligible, including services 

through Head Start, Early Head Start, early intervention, and Even Start programs, and preschool programs; 

‘‘(iv) homeless families, and homeless children and 

youth, receive referrals to health care services, dental 

services, mental health and substance abuse services, 

housing services, and other appropriate services; 

‘‘(v) homeless children and youth are certified as eligible for free meals offered under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et 

seq.) and the Child Nutrition Act of 1966 (42 U.S.C. 

1771 et seq.), without further application; 

‘‘(vi) the parents or guardians of homeless children 

and youth are informed of the educational and related 

opportunities available to their children, including 

early learning opportunities, and are provided with 

meaningful opportunities to participate in the education of their children; 

‘‘(vii) public notice of the educational rights of homeless children and youth is incorporated into documents 

related to residency requirements or enrollment, provided upon school enrollment and withdrawal, posted 

on the local educational agency’s website, and disseminated in locations frequented by parents and guardians of homeless children and youth and unaccompanied youth, including schools, shelters, public libraries, and soup kitchens in a manner and form understandable to parents and guardians of homeless children and youth and unaccompanied youth; 

‘‘(viii) disputes are resolved in accordance with paragraph (3)(E); 

‘‘(ix) the parent or guardian of a homeless child or 

youth, or any unaccompanied youth, is fully informed 

of all transportation services, including transportation 

to the school of origin, as described in paragraph 

(1)(J)(iii), and is assisted in accessing transportation to 

the school that is selected under paragraph (4)(A). 

‘‘(x) school personnel are adequately prepared to implement this title and receive professional development, resource materials, technical assistance, and 

other support; and 

‘‘(xi) unaccompanied youth— 

‘‘(I) are enrolled in school; 

‘‘(II) have opportunities to meet the same college 

and career ready State student academic achievement standards to which other students are held, 

including through implementation of the policies 

and practices required by subparagraphs (F)(ii) 

and (J)(iv) of paragraph (1); and 

‘‘(III) are informed of their status as independent students under section 480 of the Higher 

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ing through school counselors that have received 

professional development about unaccompanied 

youth, and receive verification of such status for 

purposes of the Free Application for Federal Student Aid described in section 483 of such Act (20 

U.S.C. 1090). 

‘‘(B) NOTICE.—State coordinators appointed under subsection (d)(2) and local educational agencies shall inform 

school personnel, service providers, and advocates working 

with homeless families and homeless children and youth of 

the contact information and duties of the local educational 

agency liaisons, including publishing an annually updated 

list of the liaisons working in the State on the State educational agency’s website. 

‘‘(C) LOCAL AND STATE COORDINATION.—the local educational agency liaisons shall, as a part of their duties, coordinate and collaborate with State coordinators and community and school personnel responsible for the provision 

of education and related support services to homeless children and youth. Such coordination shall include collecting 

and providing to the State Coordinator the reliable, valid, 

and comprehensive data needed to meet the requirements 

of paragraphs (1) and (3) of subsection (f). 

‘‘(D) PROFESSIONAL DEVELOPMENT.—The local educational agency liaisons shall participate in the professional development and other technical assistance activities provided by the State Coordinator pursuant to subsection (f)(5). 

‘‘(h) EMERGENCY DISASTER GRANTS.— 

‘‘(1) IN GENERAL.—The Secretary shall make emergency disaster grants to eligible local educational agencies and eligible 

States described in paragraph (2), in order to increase the capacity for such local educational agencies and States to respond to major disasters. 

‘‘(2) ELIGIBILITY; APPLICATION.— ‘‘(A) ELIGIBILITY.— ‘‘(i) LOCAL EDUCATIONAL AGENCY ELIGIBILITY.—A 

local educational agency shall be eligible to receive an 

emergency disaster grant under this subsection, based 

on demonstrated need, if such local educational agency’s enrollment of homeless children and youth has increased as a result of a hurricane, flood, or other natural disaster for which the President declared a major 

disaster under title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 

5170 et seq.). 

‘‘(ii) STATE ELIGIBILITY.—A State, through the Office 

of the Coordinator for Education of Homeless Children 

and Youths in the State educational agency, shall be 

eligible to receive an emergency disaster grant under 

this subsection if there are 1 or more eligible local 

educational agencies, as described in clause (i), located 

within the State. 

‘‘(B) APPLICATION.—In order for an eligible State or an 

eligible local educational agency to receive a grant under 


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this subsection, the State educational agency, in consultation with other relevant State agencies, or local educational agency shall submit an application to the Secretary at such time, in such manner, and containing or accompanied by such information as the Secretary may reasonably require. 

‘‘(3) DISTRIBUTION OF GRANTS.—The Secretary shall distribute emergency disaster grant funds— 

‘‘(A) based on demonstrated need, to State educational 

agencies or local educational agencies for local educational 

agencies whose enrollment of homeless children and 

youths has increased as a result of a hurricane, flood, or 

other natural disaster for which the President has declared a major disaster under title IV of the Robert T. 

Stafford Disaster Relief and Emergency Assistance Act (42 

U.S.C. 5170 et seq.); 

‘‘(B) expeditiously, and in no case later than 75 days 

after such funds are appropriated to the Secretary; and 

‘‘(C) in a manner that enables local educational agencies 

to use such funds for the immediate needs of disaster response and ongoing disaster recovery. 

‘‘(4) AMOUNT OF GRANTS.—The Secretary shall distribute 

grants under this subsection in amounts determined by the 

Secretary and related to the increase in enrollment of homeless 

children and youths as a result of such major disaster. 

‘‘(5) USES OF FUNDS.—A local educational agency or State 

educational agency that receives an emergency disaster grant 

under this subsection shall use the grant funds to carry out the 

activities described in section 723(d). 

‘‘SEC. 723. LOCAL EDUCATIONAL AGENCY SUBGRANTS FOR THE EDUCATION OF HOMELESS CHILDREN AND YOUTH. 

‘‘(a) GENERAL AUTHORITY.— ‘‘(1) IN GENERAL.—The State educational agency shall, in accordance with section 722(e), and from amounts made available 

to such agency under section 727, make subgrants to local educational agencies for the purpose of facilitating the identification, enrollment, attendance, and success in school of homeless 

children and youth. 

‘‘(2) SERVICES.— 

‘‘(A) IN GENERAL.—Services under paragraph (1)— 

‘‘(i) may be provided through programs on school 

grounds or at other facilities; and 

‘‘(ii) shall, to the maximum extent practicable, be 

provided through existing programs and mechanisms 

that integrate homeless children and youth with nonhomeless children and youth. 

‘‘(B) SERVICES ON SCHOOL GROUNDS.—If services under 

paragraph (1) are provided to homeless children and youth 

on school grounds, the schools involved may use funds 

under this subtitle to provide the same services to other 

children and youth who are determined by the local educational agency serving the school to be at risk of failing 

in, or dropping out of, school. 

‘‘(3) REQUIREMENT.—Services provided under this section 

shall not replace the regular academic program and shall be 


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designed to expand upon or improve services provided as part 

of the school’s regular academic program. 

‘‘(4) DURATION OF GRANTS.—Subgrants under this section 

shall be for terms not to exceed 3 years. 

‘‘(b) APPLICATION.—A local educational agency that desires to receive a subgrant under this section shall submit an application to 

the State educational agency at such time, in such manner, and 

containing or accompanied by such information as the State educational agency may reasonably require. Such application shall include the following: 

‘‘(1) An assessment of the educational and related needs of 

homeless children and youth in the area served by such agency 

(which may be undertaken as part of a needs assessment for 

other disadvantaged group). 

‘‘(2) A description of the services and programs for which assistance is sought to address the needs identified in paragraph 

(1). 

‘‘(3) An assurance that the local educational agency’s combined fiscal effort per student, or the aggregate expenditures of 

that agency and the State with respect to the provision of free 

public education by such agency for the fiscal year preceding 

the fiscal year for which the subgrant determination is made, 

was not less than 90 percent of such combined fiscal effort or 

aggregate expenditures for the second fiscal year preceding the 

fiscal year for which the determination is made. 

‘‘(4) An assurance that the applicant complies with, or will 

use requested funds to comply with, paragraphs (3) through (7) 

of section 722(g). 

‘‘(5) A description of policies and procedures that the agency 

will implement to ensure that activities carried out by the 

agency will not isolate or stigmatize homeless children and 

youth. 

‘‘(6) An assurance that the local educational agency will collect and promptly provide data requested by the State Coordinator pursuant to paragraphs (1) and (3) of section 722(f). 

‘‘(7) An assurance that the local educational agency has removed the policies and practices that have created barriers to 

the identification, enrollment, attendance, retention, and success in school of all homeless children and youth. 

‘‘(c) AWARDS.— 

‘‘(1) IN GENERAL.—The State educational agency shall, in accordance with the requirements of this subtitle and from 

amounts made available to it under section 722(a), make subgrants on a competitive basis to local educational agencies that 

submit applications under subsection (b). Such subgrants shall 

be awarded on the basis of the need of such agencies under 

this subtitle and the quality of the applications submitted. 

‘‘(2) NEED.— 

‘‘(A) IN GENERAL.—In determining need under paragraph 

(1), the State educational agency may consider the number 

of homeless children and youth enrolled in preschool, elementary schools, and secondary schools within the area 

served by the local educational agency, and shall consider 

the needs of such children and youth and the ability of the 

local educational agency to meet such needs. 


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‘‘(B) OTHER CONSIDERATIONS.—The State educational 

agency may also consider the following: 

‘‘(i) The extent to which the proposed use of funds 

will facilitate the identification, enrollment, retention, 

and educational success of homeless children and 

youth. 

‘‘(ii) The extent to which the application reflects coordination with other local and State agencies that 

serve homeless children and youth. 

‘‘(ii) The extent to which the application reflects coordination with other local and State agencies that 

serve homeless children and youth. 

‘‘(iii) The extent to which the applicant exhibits in 

the application and in current practice (as of the date 

of submission of the application) a commitment to education for all homeless children and youth. 

‘‘(iv) Such other criteria as the State agency determines to be appropriate. 

‘‘(3) QUALITY.—In determining the quality of applications 

under paragraph (1), the State educational agency shall consider the following: 

‘‘(A) The applicant’s needs assessment under subsection 

(b)(1) and the likelihood that the program presented in the 

application will meet such needs. 

‘‘(B) The types, intensity, and coordination of the services to be provided under the program. 

‘‘(C) The extent to which the applicant will promote 

meaningful involvement of parents or guardians of homeless children or youth in the education of their children. 

‘‘(D) The extent to which homeless children and youths 

will be integrated into the regular education program involved. 

‘‘(E) The quality of the applicant’s evaluation plan for 

the program. 

‘‘(F) The extent to which services provided under this 

subtitle will be coordinated with other services available to 

homeless children and youth and their families, including 

housing and social services and services provided under 

the Individuals with Disabilities Education Act (20 U.S.C. 

1400 et seq.), title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.), and similar 

State and local programs. 

‘‘(G) The extent to which the local educational agency 

will use the subgrant to leverage resources, including by 

maximizing funding for the position of the liaison described in section 722(g)(1)(J)(ii) and the provision of 

transportation. 

‘‘(H) The local educational agency’s use of funds to serve 

homeless children and youth under section 1113(c)(3) of 

the Elementary and Secondary Education Act of 1965 (20 

U.S.C. 6313(c)(3)). 

‘‘(I) The extent to which the applicant’s program meets 

such other measures as the State educational agency considers to be indicative of a high-quality program, including 

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vide services to unaccompanied youth and preschool-aged 

children. 

‘‘(J) The extent to which the application describes how 

the applicant will meet the requirements of section 

722(g)(4). 

‘‘(d) AUTHORIZED ACTIVITIES.—A local educational agency may 

use funds awarded under this section for activities that carry out 

the purpose of this subtitle, including the following: 

‘‘(1) The provision of tutoring, supplemental instruction, and 

enriched educational services that are linked to the achievement of the same college and career ready State academic content standards and college and career ready State student academic achievement standards the State establishes for other 

children and youths. 

‘‘(2) The provision of expedited evaluations of the strengths, 

needs, and eligibility of homeless children and youth, including 

needs and eligibility for programs and services (including educational programs for gifted and talented students, children 

with disabilities, and students with limited English proficiency, 

charter school programs, magnet school programs, programs in 

career and technical education, and school nutrition programs). 

‘‘(3) Professional development and other activities for educators and specialized instructional support personnel that are 

designed to heighten the understanding and sensitivity of such 

educators and personnel to the needs of homeless children and 

youth, the rights of such children and youth under this subtitle, and the specific educational needs of runaway and homeless youth. 

‘‘(4) The provision of referral services to homeless children 

and youths for medical, dental, mental, and other health services. 

‘‘(5) The provision of assistance to defray the excess cost of 

transportation under paragraphs (1)(J)(iii) and (5)(A) of section 

722(g) not otherwise provided through Federal, State, or local 

funding. 

‘‘(6) The provision of developmentally appropriate early childhood education programs, not otherwise provided through Federal, State, or local funding. 

‘‘(7) The provision of services and assistance to attract, engage, and retain homeless children and youth, particularly 

homeless children and youth who are not enrolled in school, in 

public school programs and services provided to nonhomeless 

children and youths. 

‘‘(8) The provision for homeless children and youths of 

before- and after-school, mentoring, and summer programs in 

which a teacher or other qualified individual provides tutoring, 

homework assistance, and supervision of educational activities. 

‘‘(9) If necessary, the payment of fees and other costs associated with tracking, obtaining, and transferring records necessary to facilitate the appropriate placement of homeless children and youths in school, including birth certificates, immunization or medical records, academic records, guardianship 

records, and evaluations for special programs or services. 

‘‘(10) The provision of education and training to the parents 

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sources available to, such children and youth, and other activities designed to increase the meaningful involvement of families of homeless children or youth in the education of their children. 

‘‘(11) The development of coordination of activities between 

schools and agencies providing services to homeless children 

and youths, as described in section 722(g)(6). 

‘‘(12) The provision of pupil services (including counseling) 

and referrals for such services. 

‘‘(13) Activities to address the particular needs of homeless 

children and youth that may arise from domestic violence and 

parental mental health or substance abuse problems. 

‘‘(14) The adaptation of space and purchase of supplies for 

any nonschool facilities made available under subsection (a)(2) 

to provide services under this subsection. 

‘‘(15) The provision of school supplies, including those supplies to be distributed at shelters or temporary housing facilities, or other appropriate locations. 

‘‘(16) The provision of assistance to defray the cost of the position of liaison designated pursuant to section 722(g)(1)(J)(ii), 

not otherwise provided through Federal, State, or local funding. 

‘‘(17) The provision of other extraordinary or emergency assistance needed to enable homeless children and youth to enroll, attend, and succeed in school, including in early childhood 

education programs. 

‘‘SEC. 724. SECRETARIAL RESPONSIBILITIES. 

‘‘(a) REVIEW OF STATE PLANS.—In reviewing the State plan submitted by a State educational agency under section 722(g), the Secretary shall use a peer review process and shall evaluate whether 

State laws, policies, and practices described in such plan adequately address the problems of all homeless children and youth 

relating to access to education and placement as described in such 

plan. 

‘‘(b) TECHNICAL ASSISTANCE.—The Secretary shall— 

‘‘(1) provide support and technical assistance to a State educational agencies to assist such agencies in carrying out their 

responsibilities under this subtitle; and 

‘‘(2) establish or designate a Federal Office of the Coordinator for Education of Homeless Children and Youths that has 

sufficient capacity, resources, and support to carry out the responsibilities described in this subtitle. 

‘‘(c) NOTICE.— 

‘‘(1) IN GENERAL.—The Secretary shall, before the next school 

year that begins after the date of enactment of the Student 

Success Act, develop and disseminate a public notice of the 

educational rights of homeless children and youth. The notice 

shall include information regarding the definition of homeless 

children and youth in section 726. 

‘‘(2) DISSEMINATION.—The Secretary shall disseminate the 

notice nationally. The Secretary also shall disseminate such 

notice to heads of other Department of Education offices, including those responsible for special education programs, higher education, and programs under parts A, B, C, D, G, and H 

of title I, title III, title IV, and part B of title V of the ElemenVerDate Sep 11 2014 06:02 Feb 26, 2015 Jkt 093510 PO 00000 Frm 00344 Fmt 6659 Sfmt 6602 E:\HR\OC\HR029.XXX HR029

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tary and Secondary Education Act of 1965 (20 U.S.C. 6311 et 

seq., 6361 et seq., 6391 et seq., 6421 et seq., 6531 et seq., 6551 

et seq., 6801 et seq., 7102 et seq., and 7221 et seq.). The Secretary shall also disseminate such notice to heads of other Federal agencies, and grant recipients and other entities carrying 

out federally funded programs, including Head Start programs, 

grant recipients under the Health Care for the Homeless program of the Health Resources and Services Administration of 

the Department of Health and Human Services, grant recipients under the Emergency Food and Shelter National Board 

Program of the Federal Emergency Management Agency, grant 

recipients under the Runaway and Homeless Youth Act (42 

U.S.C. 5701 et seq.), grant recipients under the John H. Chafee 

Foster Care Independence program, grant recipients under 

homeless assistance programs administered by the Department 

of Housing and Urban Development, and recipients of Federal 

funding for programs carried out by the Administration on 

Children, Youth and Families of the Department of Health and 

Human Services. 

‘‘(d) EVALUATION AND DISSEMINATION.—The Secretary shall conduct evaluation, dissemination, and technical assistance activities 

of programs designed to meet the educational needs of homeless 

preschool, elementary school, and secondary school students, and 

may use funds appropriated under section 727 to conduct such activities. 

‘‘(e) SUBMISSION AND DISTRIBUTION.—The Secretary shall require 

applications for grants under section 722 to be submitted to the 

Secretary not later than the expiration of the 120-day period beginning on the date that funds are available for purposes of making 

such grants and shall make such grants not later than the expiration of the 180-day period beginning on such date. 

‘‘(f) DETERMINATION BY SECRETARY.—The Secretary, based on the 

information received from the States and information gathered by 

the Secretary under subsection (h), shall determine the extent to 

which State educational agencies are ensuring that each homeless 

child and homeless youth has access to a free appropriate public 

education, as described in section 721(1). The Secretary shall provide support and technical assistance to State educational agencies 

in areas in which barriers to a free appropriate public education 

persist. 

‘‘(g) PUBLICATION.—The Secretary shall develop, issue, and publish in the Federal Register, not later than 90 days after the date 

of enactment of the Student Success Act, a summary of the changes 

enacted by that Act and related strategies, which summary shall 

include— 

‘‘(1) strategies by which a State can assist local educational 

agencies to implement the provisions amended by the Act; 

‘‘(2) strategies by which a State can review and revise State 

policies and procedures that may present barriers to the identification, enrollment, attendance, and success of homeless children and youth in school; and 

‘‘(3) strategies by which entities carrying out preschool programs can implement requirements of section 722(g)(3). 

‘‘(h) INFORMATION.— 


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‘‘(1) IN GENERAL.—From funds appropriated under section 

727, the Secretary shall, directly or through grants, contracts, 

or cooperative agreements, periodically, but not less frequently 

than every two years, collect and disseminate publicly data and 

information regarding— 

‘‘(A) the number and location of homeless children and 

youth; 

‘‘(B) the education and related support services such 

children and youth receive; 

‘‘(C) the extent to which the needs of homeless children 

and youth are being met; 

‘‘(D) the academic progress being made by homeless children and youth, including the percent or number of homeless children and youth participating in State assessments; 

and 

‘‘(E) such other data and information as the Secretary 

determines to be necessary and relevant to carry out this 

subtitle. 

‘‘(2) COORDINATION.—The Secretary shall coordinate such collection and dissemination with other agencies and entities that 

receive assistance and administer programs under this subtitle. 

‘‘(i) REPORT.—Not later than 4 years after the date of enactment 

of the Student Success Act, the Secretary shall prepare and submit 

to the President and the Committee on Education and the Workforce of the House of Representatives and the Committee on 

Health, Education, Labor, and Pensions of the Senate a report on 

the status of education of homeless children and youths, which 

shall include information on— 

‘‘(1) the education of homeless children and youth; and 

‘‘(2) the actions of the Secretary and the effectiveness of the 

programs supported under this subtitle. 

‘‘SEC. 725. RULE OF CONSTRUCTION. 

‘‘Nothing in this subtitle shall be construed to diminish the 

rights of parents or guardians of homeless children or youth, or unaccompanied youth, otherwise provided under State law, policy, or 

practice, including laws or policies that authorize the best interest 

determination in section 722(g)(3) to be made solely by the parent, 

guardian, or youth involved. 

‘‘SEC. 726. DEFINITIONS. 

‘‘In this subtitle: 

‘‘(1) ENROLL; ENROLLMENT.—The terms ‘enroll’ and ‘enrollment’ include attending classes and participating fully in 

school activities. 

‘‘(2) HOMELESS CHILDREN AND YOUTH.—The term ‘homeless 

children and youth’— 

‘‘(A) means individuals who lack a fixed, regular, and 

adequate nighttime residence (within the meaning of section 103(a)(1)); 

‘‘(B) includes— 

‘‘(i) children and youth who— 

‘‘(I) are sharing the housing of other persons 

due to loss of housing, economic hardship, or a 

similar reason; 


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‘‘(II) are living in motels, hotels, trailer parks, or 

camping grounds due to the lack of alternative 

adequate accommodations; 

‘‘(III) are living in emergency or transitional 

shelters; 

‘‘(IV) subject to subparagraph (C), are awaiting 

foster care placement; and 

‘‘(V) are abandoned in hospitals; 

‘‘(ii) children and youth who have a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings (within the meaning of 

section 103(a)(2)(C)); 

‘‘(iii) children and youth who are living in cars, 

parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings; and 

‘‘(iv) migratory children (as such term is defined in 

section 1312 of the Elementary and Secondary Education Act of 1965) who qualify as homeless for the 

purposes of this subtitle because the children are living in circumstances described in clauses (i) through 

(iii); and 

‘‘(C) 1 year after the date of enactment of the Student 

Success Act, shall not include the children and youth described in subparagraph (B)(i)(IV). 

‘‘(3) LOCAL EDUCATIONAL AGENCY; STATE EDUCATIONAL AGENCY.—The terms ‘local educational agency’ and ‘State educational agency’ have the meanings given such terms in section 

9101 of the Elementary and Secondary Education Act of 1965 

(20 U.S.C. 7801). 

‘‘(4) SECRETARY.—The term ‘Secretary’ means the Secretary 

of Education. 

‘‘(5) STATE.—The term ‘State’ means each of the 50 States, 

the District of Columbia, and the Commonwealth of Puerto 

Rico. 

‘‘(6) UNACCOMPANIED YOUTH.—The term ‘unaccompanied 

youth’ means a homeless child or youth not in the physical custody of a parent or legal guardian. 

‘‘SEC. 727. AUTHORIZATION OF APPROPRIATIONS. 

‘‘(a) IN GENERAL.—For the purpose of carrying out this subtitle, 

other than section 725, there are authorized to be appropriated to 

the Secretary $100,000,000 for fiscal year 2016 and such sums as 

may be necessary for each of fiscal years 2017 through 2022. 

‘‘(b) EMERGENCY DISASTER GRANTS.—In addition to sums authorized under subsection (a), there are authorized to be appropriated 

to the Secretary to carry out subsection (h) such additional sums 

as may be necessary.’’. 


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TITLE XI—PREKINDERGARTEN ACCESS 

Subtitle A—Access to Voluntary Prekindergarten for Low- and Moderate-Income 

Families 

SEC. 1111. PURPOSES. 

The purposes of this subtitle are to— 

(1) establish a Federal-State partnership to provide access to 

high-quality public prekindergarten programs for all children 

from low-income and moderate-income families to ensure that 

they enter kindergarten prepared for success; 

(2) broaden participation in such programs to include children from additional middle-class families; and 

(3) promote access to high-quality kindergarten, and highquality early childhood education programs and settings for 

children. 

SEC. 1112. DEFINITIONS. 

In this subtitle: 

(1) CHILD WITH A DISABILITY.—The term ‘‘child with a disability’’ has the meaning given the term in section 602 of the 

Individuals with Disabilities Education Act (20 U.S.C. 1401). 

(2) COMPREHENSIVE EARLY LEARNING ASSESSMENT SYSTEM.— The term ‘‘comprehensive early learning assessment system’’— 

(A) means a coordinated and comprehensive system of 

multiple assessments, each of which is valid and reliable 

for its specified purpose and for the population with which 

it will be used, that— 

(i) organizes information about the process and context of young children’s learning and development to 

help early childhood educators make informed instructional and programmatic decisions; and 

(ii) conforms to the recommendations of the National 

Research Council reports on early childhood; and 

(B) includes, at a minimum— 

(i) child screening measures to identify children who 

may need follow-up services to address developmental, 

learning, or health needs in, at a minimum, areas of 

physical health, behavioral health, oral health, child 

development, vision, and hearing; 

(ii) child formative assessments; 

(iii) measures of environmental quality; and 

(iv) measures of the quality of adult-child interactions. 

(3) DUAL LANGUAGE LEARNER.—The term ‘‘dual language 

learner’’ means an individual who is limited English proficient. 

(4) EARLY CHILDHOOD EDUCATION PROGRAM.—The term 

‘‘early childhood education program’’ has the meaning given 

the term under section 103 of the Higher Education Act of 

1965 (20 U.S.C. 1003). 

(5) ELEMENTARY SCHOOL.—The term ‘‘elementary school’’ has 

the meaning given the term in section 9101 of the Elementary 

and Secondary Education Act of 1965 (20 U.S.C. 7801). 


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(6) ELIGIBILITY DETERMINATION DATE.—The term ‘‘eligibility 

determination date’’ means the date used to determine eligibility for public elementary school in the community in which 

the eligible local entity involved is located. 

(7) ELIGIBLE LOCAL ENTITY.—The term ‘‘eligible local entity’’ 

means— 

(A) a local educational agency, including a charter school 

or a charter management organization that acts as a local 

educational agency, or an educational service agency in 

partnership with a local educational agency— 

(i) that has met the requirement described in section 

1112(9)(B); or 

(ii) whose teachers are in progress of meeting such 

requirement within two years; 

(B) an entity (including a Head Start program or licensed child care setting) that carries out, administers, or 

supports an early childhood education program and— 

(i) that has met the requirement described in section 

1112(9)(B); or 

(ii) whose teachers are in progress of meeting such 

requirement within two years; or 

(C) a consortium of entities described in subparagraph 

(A) or (B). 

(8) FULL-DAY.—The term ‘‘full-day’’ means a day that is— 

(A) equivalent to a full school day at the public elementary schools in a State; and 

(B) not less than 5 hours a day. 

(9) HIGH-QUALITY PREKINDERGARTEN PROGRAM.—The term 

‘‘high-quality prekindergarten program’’ means a prekindergarten program supported by an eligible local entity that includes, at a minimum, the following elements based on nationally recognized standards: 

(A) Serves children who— 

(i) are age 4 or children who are age 3 or 4, by the 

eligibility determination date (including children who 

turn age 5 while attending the program); or 

(ii) have attained the legal age for State-funded prekindergarten. 

(B) Requires high qualifications for staff, including that 

teachers meet the requirements of 1 of the following 

clauses: 

(i) The teacher has a bachelor’s degree in early 

childhood education or a related field with coursework 

that demonstrates competence in early childhood education. 

(ii) The teacher— 

(I) has a bachelor’s degree in any field; 

(II) has demonstrated knowledge of early childhood education by passing a State-approved assessment in early childhood education; 

(III) while employed as a teacher in the prekindergarten program, is engaged in on-going professional development in early childhood education for not less than 2 years; and 


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(IV) not more than 3 years after starting employment as a teacher in the prekindergarten program, enrolls in and completes a State-approved 

educator preparation program in which the teacher receives training and support in early childhood 

education. 

(iii) The teacher has bachelor’s degree with a credential, license, or endorsement that demonstrates 

competence in early childhood education. 

(C) Maintains an evidence-based maximum class size. 

(D) Maintains an evidence-based child to instructional 

staff ratio. 

(E) Offers a full-day program. 

(F) Provides developmentally appropriate learning environments and evidence-based curricula that are aligned 

with the State’s early learning and development standards 

described in section 1115(1). 

(G) Offers instructional staff salaries comparable to kindergarten through grade 12 teaching staff. 

(H) Provides for ongoing monitoring and program evaluation to ensure continuous improvement. 

(I) Offers accessible comprehensive services for children 

that include, at a minimum— 

(i) screenings for vision, dental, hearing, health (including mental health), and development (including 

early literacy and math skill development) and referrals, and assistance obtaining services, when appropriate; 

(ii) family engagement opportunities that take into 

account home language, such as parent conferences 

(including parent input about their child’s development) and support services, such as parent education, 

home visiting, and family literacy services; 

(iii) nutrition services, including nutritious meals 

and snack options aligned with requirements set by 

the most recent Child and Adult Care Food Program 

guidelines promulgated by the Department of Agriculture as well as regular, age-appropriate, nutrition 

education for children and their families; 

(iv) programs coordinated with local educational 

agencies and entities providing programs authorized 

under section 619 and part C of the Individuals with 

Disabilities Education Act (20 U.S.C. 1419 and 1431 et 

seq.); 

(v) physical activity programs aligned with evidencebased guidelines, such as those recommended by the 

Institute of Medicine, and which take into account and 

accommodate children with disabilities; 

(vi) additional support services, as appropriate, 

based on the findings of the needs analysis as described in section 1120; and 

(vii) on-site coordination, to the maximum extent 

feasible. 

(J) Provides high-quality professional development for 

all staff, including regular in-classroom observation for 


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teachers and teacher assistants by individuals trained in 

such observation and which may include evidence-based 

coaching. 

(K) Meets the education performance standards in effect 

under section 641A(a)(1)(B) of the Head Start Act (42 

U.S.C. 9836a(a)(1)(B)). 

(L) Maintains evidence-based health and safety standards. 

(M) Maintains disciplinary policies that do not include 

expulsion or an extended suspension of participating children, and that include providing appropriate early educational services for participating children who are suspended for a short period of time. 

(10) GOVERNOR.—The term ‘‘Governor’’ means the chief executive officer of a State. 

(11) HOMELESS CHILD.—The term ‘‘homeless child’’ means a 

child or youth described in section 725(2) of the McKinneyVento Homeless Assistance Act (42 U.S.C. 11434a(2). 

(12) INSTITUTION OF HIGHER EDUCATION.—The term ‘‘institution of higher education’’ has the meaning given the term in 

section 102 of the Higher Education Act of 1965 (20 U.S.C. 

1002). 

(13) INDIAN TRIBE; TRIBAL ORGANIZATION.—The terms ‘‘Indian 

tribe’’ and ‘‘tribal organization’’ have the meanings given the 

terms in 658P of the Child Care and Development Block Grant 

of 1990 (42 U.S.C. 9858n). 

(14) LIMITED ENGLISH PROFICIENT.—The term ‘‘limited 

English proficient’’ has the meaning given the term in section 

637 of the Head Start Act (42 U.S.C. 9832). 

(15) LOCAL EDUCATIONAL AGENCY; STATE EDUCATIONAL AGEN- CY; EDUCATIONAL SERVICE AGENCY.—The terms ‘‘local educational agency’’, ‘‘State educational agency’’, and ‘‘educational 

service agency’’ have the meanings given the terms in section 

9101 of the Elementary and Secondary Education Act of 1965 

(20 U.S.C. 7801). 

(16) MIGRANT OR SEASONAL AGRICULTURAL LABOR.—The term 

‘‘migrant or seasonal agricultural labor’’ refers to an individual 

who is engaged in agricultural labor, including those who have 

changed their residence from one grographic location to another in the proceeding 36 months. 

(17) MIGRATORY CHILD.—The term ‘‘migratory child’’ has the 

meaning given the term in section 1309 of the Elementary and 

Secondary Education Act of 1965 (20 U.S.C. 6399). 

(18) OUTLYING AREA.—The term ‘‘outlying area’’ means each 

of the United States Virgin Islands, Guam, American Samoa, 

the Commonwealth of the Northern Mariana Islands, and the 

Republic of Palau. 

(19) POVERTY LINE.—The term ‘‘poverty line’’ means the official poverty line (as defined by the Office of Management and 

Budget)— 

(A) adjusted to reflect the percentage change in the Consumer Price Index for All Urban Consumers published by 

the Bureau of Labor Statistics of the Department of Labor 

for the most recent 12-month period or other interval for 

which the data are available; and 


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(B) applicable to a family of the size involved. 

(20) SECONDARY SCHOOL.—The term ‘‘secondary school’’ has 

the meaning given the term in section 9101 of the Elementary 

and Secondary Education Act of 1965 (20 U.S.C. 7801). 

(21) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of Education. 

(22) STATE.—Except as otherwise provided in this subtitle, 

the term ‘‘State’’ means each of the 50 States, the District of 

Columbia, the Commonwealth of Puerto Rico, and each of the 

outlying areas. 

(23) STATE ADVISORY COUNCIL ON EARLY CHILDHOOD EDUCATION AND CARE.—The term ‘‘State Advisory Council on Early 

Childhood Education and Care’’ means the State Advisory 

Council on Early Childhood Education and Care established 

under section 642B(b) of the Head Start Act (42 U.S.C. 

9837b(b)). 

SEC. 1113. PROGRAM AUTHORIZATION. 

From amounts made available to carry out this subtitle, the Secretary, in consultation with the Secretary of Health and Human 

Services, shall award grants to States to implement high-quality 

prekindergarten programs, consistent with the purposes of this 

subtitle described in section 1111. For each fiscal year, the funds 

provided under a grant by a State shall equal the allotment determined for the State under section 1114. 

SEC. 1114. ALLOTMENTS AND RESERVATIONS OF FUNDS. 

(a) RESERVATION.—From the amount made available each fiscal 

year to carry out this subtitle, the Secretary shall— 

(1) reserve not less than 1 percent and not more than 2 percent for payments to Indian tribes and tribal organizations; 

(2) reserve 1⁄2 of 1 percent for the outlying areas to be distributed among the outlying areas on the basis of their relative 

need, as determined by the Secretary in accordance with the 

purposes of this subtitle; 

(3) reserve 1⁄2 of 1 percent for eligible local entities that serve 

children in families who are engaged in migrant or seasonal 

agricultural labor; and 

(4) reserve not more than 1 percent or $30,000,000, whichever amount is less, for national activities, including administration, technical assistance, and evaluation. 

(b) ALLOTMENTS.— 

(1) IN GENERAL.—From the amount made available each fiscal year to carry out this subtitle and not reserved under subsection (a), the Secretary shall make allotments to States in accordance with paragraph (2) that have submitted an approved 

application. 

(2) ALLOTMENT AMOUNT.— 

(A) IN GENERAL.—Subject to subparagraph (B), the Secretary shall allot the amount made available under paragraph (1) for a fiscal year among the States in proportion 

to the number of children who are age 4 who reside within 

the State and are from families with incomes at or below 

200 percent of the poverty line for the most recent year for 

which satisfactory data are available, compared to the 


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number of such children who reside in all such States for 

that fiscal year. 

(B) MINIMUM ALLOTMENT AMOUNT.—No State receiving 

an allotment under subparagraph (A) may receive less 

than 1⁄2 of 1 percent of the total amount allotted under 

such subparagraph. 

(3) REALLOTMENT AND CARRY OVER.— (A) IN GENERAL.—If one or more States do not receive an 

allotment under this subsection for any fiscal year, the 

Secretary may use the amount of the allotment for that 

State or States, in such amounts as the Secretary determines appropriate, for either or both of the following: 

(i) To increase the allotments of States with approved applications for the fiscal year, consistent with 

subparagraph (B). 

(ii) To carry over the funds to the next fiscal year. 

(B) REALLOTMENT.—In increasing allotments under subparagraph (A)(i), the Secretary shall allot to each State 

with an approved application an amount that bears the 

same relationship to the total amount to be allotted under 

subparagraph (A)(i), as the amount the State received 

under paragraph (2) for that fiscal year bears to the 

amount that all States received under paragraph (2) for 

that fiscal year. 

(4) STATE.—For purposes of this subsection, the term ‘‘State’’ 

means each of the 50 States, the District of Columbia, and the 

Commonwealth of Puerto Rico. 

(c) FLEXIBILITY.—The Secretary may make minimal adjustments 

to allotments under this subsection, which shall neither lead to a 

significant increase or decrease in a State’s allotment determined 

under subsection (b), based on a set of factors, such as the level of 

program participation and the estimated cost of the activities specified in the State plan under section 1116(a)(2). 

SEC. 1115. STATE ELIGIBILITY CRITERIA. 

A State is eligible to receive a grant under this subtitle if the 

State demonstrates to the Secretary that the State— 

(1) has established or will establish early learning and development standards that describe what children from birth to 

kindergarten entry should know and be able to do, are universally designed and developmentally, culturally, and linguistically appropriate, are aligned with the State’s challenging 

academic content standards and challenging student academic 

achievement standards, as adopted under section 1111(b)(1) of 

the Elementary and Secondary Education Act of 1965 (20 

U.S.C. 6311(b)(1)), and cover all of the essential domains of 

school readiness, which address— 

(A) physical well-being and motor development; 

(B) social and emotional development; 

(C) approaches to learning, including music and the arts; 

(D) developmentally appropriate oral and written language and literacy development; and 

(E) cognition and general knowledge, including early 

mathematics and early scientific development; 

(2) has the ability or will develop the ability to link prekindergarten data with its elementary school and secondary 


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school data for the purpose of collecting longitudinal information for all children participating in the State’s high-quality 

prekindergarten program and any other Federally-funded early 

childhood program that will remain with the child through the 

child’s public education through grade 12; 

(3) offers State-funded kindergarten for children who are eligible children for that service in the State; and 

(4) has established a State Advisory Council on Early Childhood Education and Care. 

SEC. 1116. STATE APPLICATIONS. 

(a) IN GENERAL.—To receive a grant under this subtitle, the Governor of a State, in consultation with the Indian tribes and tribal 

organizations in the State, if any, shall submit an application to 

the Secretary at such time, in such manner, and containing such 

information as the Secretary may reasonably require. At a minimum, each such application shall include— 

(1) an assurance that the State— 

(A) will coordinate with and continue to participate in 

the programs authorized under section 619 and part C of 

the Individuals with Disabilities Education Act (20 U.S.C. 

1419 and 1431 et seq.), the Child Care and Development 

Block Grant Act of 1990 (42 U.S.C. 9858 et seq.), and the 

maternal, infant, and early childhood home visiting programs funded under section 511 of the Social Security Act 

(42 U.S.C. 711) for the duration of the grant; 

(B) will designate a State-level entity (such as an agency 

or joint interagency office), selected by the Governor, for 

the administration of the grant, which shall coordinate 

and consult with the State educational agency if the entity 

is not the State educational agency; and 

(C) will establish, or certify the existence of, program 

standards for all State prekindergarten programs consistent with the definition of a high-quality prekindergarten program under section 1112; 

(2) a description of the State’s plan to— 

(A) use funds received under this subtitle and the State’s 

matching funds to provide high-quality prekindergarten 

programs, in accordance with section 1117(d), with open 

enrollment for all children in the State who— 

(i) are described in section 1112(9)(A); and 

(ii) are from families with incomes at or below 200 

percent of the poverty line; 

(B) develop or enhance a system for monitoring eligible 

local entities that are receiving funds under this subtitle 

for compliance with quality standards developed by the 

State and to provide program improvement support, which 

may be accomplished through the use of a State-developed 

system for quality rating and improvement; 

(C) if applicable, expand participation in the State’s 

high-quality prekindergarten programs to children from 

families with incomes above 200 percent of the poverty 

line; 

(D) carry out the State’s comprehensive early learning 

assessment system, or how the State plans to develop such 

a system, ensuring that any assessments are culturally, 


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developmentally, and age-appropriate and consistent with 

the recommendations from the study on Developmental 

Outcomes and Assessments for Young Children by the National Academy of Sciences, consistent with section 649(j) 

of the Head Start Act (42 U.S.C. 9844); 

(E) develop, implement, and make publicly available the 

performance measures and targets described in section 

1119; 

(F) increase the number of teachers with bachelor’s degrees in early childhood education, or with bachelor’s degrees in another closely related field and specialized training and demonstrated competency in early childhood education, including how institutions of higher education will 

support increasing the number of teachers with such degrees and training, including through the use of assessments of prior learning, knowledge, and skills to facilitate 

and expedite attainment of such degrees; 

(G) coordinate and integrate the activities funded under 

this subtitle with Federal, State, and local services and 

programs that support early childhood education and care, 

including programs supported under this subtitle, the Elementary and Secondary Education Act of 1965 (20 U.S.C. 

6301 et seq.), the Individuals with Disabilities Education 

Act (20 U.S.C. 1400 et seq.), the Head Start Act (42 U.S.C. 

9831 et seq.), the Community Services Block Grant Act (42 

U.S.C. 9901 et seq.), the Child Care and Development 

Block Grant Act of 1990 (42 U.S.C. 9858 et seq.), the temporary assistance for needy families program under part A 

of title IV of the Social Security Act (42 U.S.C. 601 et seq.), 

the State incentive grant program under section 14006 of 

the American Recovery and Reinvestment Act of 2009 

(Public Law 111–5), Federally funded early literacy programs, the maternal, infant, and early childhood home visiting programs funded under section 511 of the Social Security Act (42 U.S.C. 711), health improvements to child 

care funded under title XIX of the Social Security Act (42 

U.S.C. 1396 et seq.), the program under subtitle B of title 

VII of the McKinney-Vento Homeless Assistance Act (42 

U.S.S. 11431 et seq.), the Investing In Innovation program 

under section 14007 of the American Recovery and Reinvestment Act of 2009 (Public Law 111–5), programs authorized under part E of title IV of the Social Security Act 

(42 U.S.C. 670 et seq.), the Fostering Connections to Success and Increasing Adoptions Act of 2008 (Public Law 

110–351), and any other Federal, State, or local early 

childhood education programs used in the State; 

(H) award subgrants to eligible local entities, and in 

awarding such subgrants, facilitate a delivery system of 

high-quality prekindergarten programs that includes diverse providers, such as providers in community-based, 

public school, and private settings, and consider the system’s impact on options for families; 

(I) in the case of a State that does not have a funding 

mechanism for subgranting funds to implement high-quality prekindergarten, use objective criteria in awarding subVerDate Sep 11 2014 06:02 Feb 26, 2015 Jkt 093510 PO 00000 Frm 00355 Fmt 6659 Sfmt 6602 E:\HR\OC\HR029.XXX HR029

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grants to eligible local entities that will implement highquality prekindergarten programs, including actions the 

State will take to ensure that eligible local entities will coordinate with local educational agencies or other early 

learning providers, as appropriate, to carry out activities to 

provide children served under this subtitle with a successful transition from preschool into kindergarten, which activities shall include— 

(i) aligning curricular objectives and instruction; 

(ii) providing staff professional development, including opportunities for joint-professional development on 

early learning and kindergarten through grade 3 

standards, assessments, and curricula; 

(iii) coordinating family engagement and support 

services; and 

(iv) encouraging the shared use of facilities and 

transportation, as appropriate; 

(J) use the State early learning and development standards described in section 1115(1) to address the needs of 

dual language learners, including by incorporating benchmarks related to English language development; 

(K) identify barriers, and propose solutions to overcome 

such barriers, which may include seeking assistance under 

section 1126, in the State to effectively use and integrate 

Federal, State, and local public funds and private funds for 

early childhood education that are available to the State 

on the date on which the application is submitted; 

(L) support articulation agreements (as defined in section 486A of the Higher Education Act of 1965 (20 U.S.C. 

1093a)) between public 2-year and public 4-year institutions of higher education and other credit-bearing professional development in the State for early childhood teacher 

preparation programs and closely related fields; 

(M) ensure that the higher education programs in the 

State have the capacity to prepare a workforce to provide 

high-quality prekindergarten programs; 

(N) support workforce development, including State and 

local policies that support prekindergarten instructional 

staff’s ability to earn a degree, certification, or other specializations or qualifications, including policies on leave, 

substitutes, and child care services, including non-traditional hour child care; 

(O) hold eligible local entities accountable for use of 

funds; 

(P) ensure that the State’s early learning and development standards are integrated into the instructional and 

programmatic practices of high-quality prekindergarten 

programs and related programs and services, such as those 

provided to children under section 619 and part C of the 

Individuals with Disabilities Education Act (20 U.S.C. 

1419 and 1431 et seq); 

(Q) increase the number of children in the State who are 

enrolled in high-quality kindergarten programs and carry 

out a strategy to implement such a plan; 


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(R) coordinate the State’s activities supported by grants 

under this subtitle with activities in State plans required 

under the Elementary and Secondary Education Act of 

1965 (20 U.S.C. 6301 et seq.), the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.), the Head 

Start Act (42 U.S.C. 9831 et seq.), the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et 

seq.), and the Adult Education and Family Literacy Act 

(20 U.S.C. 9201 et seq.); 

(S) encourage eligible local entities to coordinate with 

community-based learning resources, such as libraries, 

arts and arts education programs, appropriate media programs, family literacy programs, public parks and recreation programs, museums, nutrition education programs, 

and programs supported by the Corporation for National 

and Community Service; 

(T) work with eligible local entities, in consultation with 

elementary school principals, to ensure that high-quality 

prekindergarten programs have sufficient and appropriate 

facilities to meet the needs of children eligible for prekindergarten; 

(U) support local early childhood coordinating entities, 

such as local early childhood councils, if applicable, and 

help such entities to coordinate early childhood education 

programs with high-quality prekindergarten programs to 

ensure effective and efficient delivery of early childhood 

education program services; 

(V) support shared services administering entities, if applicable; 

(W) ensure that the provision of high-quality prekindergarten programs will not lead to a diminution in the quality or supply of services for infants and toddlers or disrupt 

the care of infants and toddlers in the geographic area 

served by the eligible local entity, which may include demonstrating that the State will direct funds to provide highquality early childhood education and care to infants and 

toddlers in accordance with section 1117(d); and 

(X) ensure that all high-quality prekindergarten programs the State supports under this Act will conduct 

criminal history background checks that meet the requirements of section 9537 on employees and applicants for employment with unsupervised access to children; and 

(3) an inventory of the State’s higher education programs 

that prepare individuals for work in a high-quality prekindergarten program, including— 

(A) certification programs; 

(B) associate degree programs; 

(C) baccalaureate degree programs; 

(D) masters degree programs; and 

(E) other programs that lead to a specialization in early 

childhood education, or a related field. 

(b) DEVELOPMENT OF APPLICATION.—In developing an application 

for a grant under this subtitle, a State shall consult with the State 

Advisory Council on Early Childhood Education and Care and incorporate such Council’s recommendations, where applicable. 


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(c) CONSTRUCTION.—Nothing in this section shall be construed to 

alter or otherwise affect the rights, remedies, and procedures afforded school employees, local educational agency employees, and 

the employees of early childhood education programs under Federal, State, or local laws (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. 

SEC. 1117. STATE USE OF FUNDS. 

(a) RESERVATION FOR QUALITY IMPROVEMENT ACTIVITIES.— 

(1) IN GENERAL.—A State that receives a grant under this 

subtitle may reserve for, not more than the first 4 years such 

State receives such a grant, not more than 20 percent of the 

grant funds for quality improvement activities that support the 

elements of high-quality prekindergarten programs. Such quality improvement activities may include supporting teachers, 

center directors, and principals in a State’s high-quality prekindergarten program, licensed or regulated child care, or 

Head Start programs to enable such teachers or directors to 

earn a baccalaureate degree in early childhood education, or 

closely-related field, through activities which may include— 

(A) expanding or establishing scholarships, counseling, 

and compensation initiatives to cover the cost of tuition, 

fees, materials, transportation, and release time for such 

teachers; 

(B) providing ongoing professional development opportunities, including regular in-classroom observation by individuals trained in such observation, for such teachers, directors, principals, and teachers assistants to enable such 

teachers, directors, principals, and teachers assistants to 

carry out the elements of high-quality prekindergarten 

programs, which may include activities that address— 

(i) promoting children’s development across all of 

the essential domains of early learning and development; 

(ii) developmentally appropriate curricula and teacher-child interaction; 

(iii) effective family engagement; 

(iv) providing culturally competent instruction; 

(v) working with a diversity of children and families, 

including children with special needs and dual language learners; 

(vi) childhood nutrition and physical education programs; 

(vii) supporting the implementation of evidencebased curricula; 

(viii) social and emotional development; and 

(ix) incorporating age-appropriate strategies of positive behavioral interventions and supports; and 

(C) providing families with increased opportunities to 

learn how best to support their children’s physical, cognitive, social, and emotional development during the first 

five years of life. 


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(2) NOT SUBJECT TO MATCHING.—The amount reserved under 

paragraph (1) shall not be subject to the matching requirements under section 1120. 

(3) COORDINATION.—A State that reserves an amount under 

paragraph (1) shall coordinate the use of such amount with activities funded under section 658G of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858e) and the 

Head Start Act (42 U.S.C. 9831 et seq.). 

(4) CONSTRUCTION.—A State may not use funds reserved 

under this subsection to meet the requirement described in section 1112(9)(G). 

(b) SUBGRANTS FOR HIGH-QUALITY PREKINDERGARTEN PROGRAMS.—A State that receives a grant under this subtitle shall 

award subgrants of sufficient size to eligible local entities to enable 

such eligible local entities to implement high-quality prekindergarten programs for children who— 

(1) are described in section 1112(9)(A); 

(2) reside within the State; and 

(3) are from families with incomes at or below 200 percent 

of the poverty line. 

(c) ADMINISTRATION.—A State that receives a grant under this 

subtitle may reserve not more than 1 percent of the grant funds 

for administration of the grant, and may use part of that reservation for the maintenance of the State Advisory Council on Early 

Childhood Education and Care. 

(d) EARLY CHILDHOOD EDUCATION AND CARE PROGRAMS FOR IN- FANTS AND TODDLERS.— (1) USE OF ALLOTMENT FOR INFANTS AND TODDLERS.—An eligible State may apply to use, and the appropriate Secretary 

may grant permission for the State to use, not more than 15 

percent of the funds made available through a grant received 

under this subtitle to award subgrants to early childhood education programs to provide, consistent with the State’s early 

learning and development guidelines for infants and toddlers, 

high-quality early childhood education and care to infants and 

toddlers who reside within the State and are from families 

with incomes at or below 200 percent of the poverty line. 

(2) APPLICATION.—To be eligible to use the grant funds as 

described in paragraph (1), the State shall submit an application to the appropriate Secretary at such time, in such manner, 

and containing such information as the Secretary may require. 

Such application shall, at a minimum, include a description of 

how the State will— 

(A) designate a lead agency which shall administer such 

funds; 

(B) ensure that such lead agency, in coordination with 

the State’s Advisory Council on Early Childhood Education 

and Care, will collaborate with other agencies in administering programs supported under this subsection for infants and toddlers in order to obtain input about the appropriate use of such funds and ensure coordination with 

programs for infants and toddlers funded under the Child 

Care and Development Block Grant Act of 1990 (42 U.S.C. 

9858 et seq.), the Head Start Act (42 U.S.C. 9831 et seq.) 

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lished in the State under section 645B of the Head Start 

Act, as added by section 202), the Race to the Top and 

Early Learning Challenge program under section 14006 of 

Public Law 111–5 (123 Stat. 283), the maternal, infant, 

and early childhood home visiting programs funded under 

section 511 of the Social Security Act (42 U.S.C. 711), and 

part C of the Individuals with Disabilities Education Act 

(20 U.S.C. 1431 et seq.); 

(C) ensure that infants and toddlers who benefit from 

amounts made available under this subsection will transition to and have the opportunity to participate in a highquality prekindergarten program supported under this 

subtitle; 

(D) in awarding subgrants, give preference to early 

childhood education programs that have a plan to increase 

services to children with special needs, including children 

with developmental delays or disabilities, children who are 

dual language learners, homeless children, children who 

are in foster care, children of migrant families, children eligible for free or reduced-price lunch under the Richard B. 

Russell National School Lunch Act (42 U.S.C. 1751 et 

seq.), or children in the child welfare system; and 

(E) give priority to activities carried out under this subsection that will increase access to high-quality early childhood education programs for infants and toddlers in local 

areas with significant concentrations of low-income families that do not currently benefit from such programs. 

(3) ELIGIBLE PROVIDERS.—A State may use the grant funds 

as described in paragraph (1) to serve infants and toddlers only 

by working with early childhood education program providers 

that— 

(A) offer full-day, full-year care, or otherwise meet the 

needs of working families; and 

(B) meet high-quality standards, such as— 

(i) Early Head Start program performance standards 

under the Head Start Act (42 U.S.C. 9831 et seq.); or 

(ii) high quality, demonstrated, valid, and reliable 

program standards that have been established 

through a national entity that accredits early childhood education programs. 

(4) FEDERAL ADMINISTRATION.— 

(A) IN GENERAL.—The Secretary of Education shall bear 

responsibility for obligating and disbursing funds to support activities under this subsection and ensuring compliance with applicable laws and administrative requirements, subject to paragraph (3). 

(B) INTERAGENCY AGREEMENT.—The Secretary of Education and the Secretary of Health and Human Services 

shall jointly administer activities supported under this 

subsection on such terms as such Secretaries shall set 

forth in an interagency agreement. The Secretary of 

Health and Human Services shall be responsible for any 

final approval of a State’s application under this subsection that addresses the use of funds designated for services to infants and toddlers. 


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(C) APPROPRIATE SECRETARY.—In this subsection, the 

term ‘‘appropriate Secretary’’ used with respect to a function, means the Secretary designated for that function 

under the interagency agreement. 

SEC. 1118. ADDITIONAL PREKINDERGARTEN SERVICES. 

(a) PREKINDERGARTEN FOR 3-YEAR OLDS.—Each State that certifies to the Secretary that the State provides universally available, 

voluntary, high-quality prekindergarten programs for 4-year old 

children who reside within the State and are from families with incomes at or below 200 percent of the poverty line may use the 

State’s allocation under section 1114(b) to provide high-quality prekindergarten programs for 3-year old children who reside within 

the State and are from families with incomes at or below 200 percent of the poverty line. 

(b) SUBGRANTS.—In each State that has a city, county, or local 

educational agency that provides universally available high-quality 

prekindergarten programs for 4-year old children who reside within 

the State and are from families with incomes at or below 200 percent of the poverty line the State may use amounts from the State’s 

allocation under section 1114(b) to award subgrants to eligible local 

entities to enable such eligible local entities to provide high-quality 

prekindergarten programs for 3-year old children who are from 

families with incomes at or below 200 percent of the poverty line 

and who reside in such city, county or local educational agency. 

SEC. 1119. PERFORMANCE MEASURES AND TARGETS. 

(a) IN GENERAL.—A State that receives a grant under this subtitle shall develop, implement, and make publicly available the performance measures and targets for the activities carried out with 

grant funds. Such measures shall, at a minimum, track the State’s 

progress in— 

(1) increasing school readiness across all domains for all categories of children, as described in section 1123(b)(7), including 

children with disabilities and dual language learners; 

(2) narrowing school readiness gaps between minority and 

nonminority children, and low-income children and more advantaged children, in preparation for kindergarten entry; 

(3) decreasing placement for children in elementary school in 

special education programs and services as described in part B 

of the Individuals with Disabilities Education Act (20 U.S.C. 

1411 et seq.); 

(4) increasing the number of programs meeting the criteria 

for high-quality prekindergarten programs across all types of 

local eligible entities, as defined by the State and in accordance 

with section 1112; 

(5) decreasing the need for grade-to-grade retention in elementary school; 

(6) if applicable, ensuring that high-quality prekindergarten 

programs do not experience instances of chronic absence 

among the children who participate in such programs; 

(7) increasing the number and percentage of low-income children in high-quality early childhood education programs that 

receive financial support through funds provided under this 

subtitle; and 


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(8) providing high-quality nutrition services, nutrition education, physical activity, and obesity prevention programs. 

(b) PROHIBITION OF MISDIAGNOSIS PRACTICES.—A State shall not, 

in order to meet the performance measures and targets described 

in subsection (a), engage in practices or policies that will lead to 

the misdiagnosis or under-diagnosis of disabilities or developmental 

delays among children who are served through programs supported 

under this subtitle. 

SEC. 1120. MATCHING REQUIREMENTS. 

(a) MATCHING FUNDS.— 

(1) IN GENERAL.—Except as provided in paragraph (2), a 

State that receives a grant under this subtitle shall provide 

matching funds from non-Federal sources, as described in subsection (c), in an amount equal to— 

(A) 10 percent of the Federal funds provided under the 

grant in the first year of grant administration; 

(B) 10 percent of the Federal funds provided under the 

grant in the second year of grant administration; 

(C) 20 percent of the Federal funds provided under the 

grant in the third year of grant administration; 

(D) 30 percent of the Federal funds provided under the 

grant in the fourth year of grant administration; 

(E) 40 percent of the Federal funds provided under the 

grant in the fifth year of grant administration; 

(F) 50 percent of the Federal funds provided under the 

grant in the sixth year of grant administration; 

(G) 75 percent of the Federal funds provided under the 

grant in the seventh year of grant administration; and 

(H) 100 percent of the Federal funds provided under the 

grant in the eighth and following years of grant administration. 

(2) REDUCED MATCH RATE.—A State that meets the requirements under subsection (b) may provide matching funds from 

non-Federal sources at a reduced rate. The full reduced matching funds rate shall be in an amount equal to— 

(A) 5 percent of the Federal funds provided under the 

grant in the first year of grant administration; 

(B) 5 percent of the Federal funds provided under the 

grant in the second year of grant administration; 

(C) 10 percent of the Federal funds provided under the 

grant in the third year of grant administration; 

(D) 20 percent of the Federal funds provided under the 

grant in the fourth year of grant administration; 

(E) 30 percent of the Federal funds provided under the 

grant in the fifth year of grant administration; 

(F) 40 percent of the Federal funds provided under the 

grant in the sixth year of grant administration; 

(G) 50 percent of the Federal funds provided under the 

grant in the seventh year of grant administration; 

(H) 75 percent of the Federal funds provided under the 

grant in the eighth year of grant administration; and 

(I) 100 percent of the Federal funds provided under the 

grant in the ninth and following years of the grant administration. 


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(b) REDUCED MATCH RATE ELIGIBILITY.—A State that receives a 

grant under this subtitle may provide matching funds from nonFederal sources at the full reduced rate under subsection (a)(2) if 

the State— 

(1)(A) offers enrollment in high-quality prekindergarten programs to not less than half of children in the State who are— 

(i) age 4 on the eligibility determination date; and 

(ii) from families with incomes at or below 200 percent 

of the poverty line; and 

(B) has a plan for continuing to expand access to high-quality prekindergarten programs for such children in the State; 

and 

(2) has a plan to expand access to high-quality prekindergarten programs to children from moderate income families 

whose income exceeds 200 percent of the poverty line. 

(c) NON-FEDERAL RESOURCES.— 

(1) IN CASH.—A State shall provide the matching funds 

under this section in cash with non-Federal resources which 

may include State funding, local funding, or contributions from 

philanthropy or other private sources, or a combination thereof. 

(2) FUNDS TO BE CONSIDERED AS MATCHING FUNDS.—A State 

may include, as part of the State’s matching funds under this 

section, not more than 10 percent of the amount of State funds 

designated for State prekindergarten programs or to supplement Head Start programs under the Head Start Act (42 

U.S.C. 9831 et seq.) as of the date of enactment of this Act, but 

may not include any funds that are attributed as matching 

funds, as part of a non-Federal share, or as a maintenance of 

effort requirement, for any other Federal program. 

(d) MAINTENANCE OF EFFORT.— 

(1) IN GENERAL.—If a State reduces its combined fiscal effort 

per student or the aggregate expenditures within the State to 

support early childhood education programs for any fiscal year 

that a State receives a grant authorized under this subtitle relative to the previous fiscal year, the Secretary shall reduce 

support for such State under this subtitle by the same amount 

as the decline in State and local effort for such fiscal year. 

(2) WAIVER.—The Secretary may waive the requirements of 

paragraph (1) if— 

(A) the Secretary determines that a waiver would be appropriate due to a precipitous decline in the financial resources of a State as a result of unforeseen economic hardship or a natural disaster that has necessitated across-theboard reductions in State services, including early childhood education programs; or 

(B) due to the circumstances of a State requiring reductions in specific programs, including early childhood education, if the State presents to the Secretary a justification 

and demonstration why other programs could not be reduced and how early childhood programs in the State will 

not be disproportionately harmed by such State action. 

(e) SUPPLEMENT NOT SUPPLANT.—Grant funds received under 

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eral, State, and local public funds expended on public prekindergarten programs in the State. 

SEC. 1121. ELIGIBLE LOCAL ENTITY APPLICATIONS. 

(a) IN GENERAL.—An eligible local entity desiring to receive a 

subgrant under section 1117(b) shall submit an application to the 

State, at such time, in such manner, and containing such information as the State may reasonably require. 

(b) CONTENTS.—Each application submitted under subsection (a) 

shall include the following: 

(1) PARENT AND FAMILY ENGAGEMENT.—A description of how 

the eligible local entity plans to engage the parents and families of the children such entity serves and ensure that parents 

and families of eligible children, as described in clauses (i) and 

(ii) of section 1116(a)(2)(A), are aware of the services provided 

by the eligible local entity, which shall include a plan to— 

(A) carry out meaningful parent and family engagement, 

through the implementation and replication of evidencebased or promising practices and strategies, which shall be 

coordinated with parent and family engagement strategies 

supported under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.) and part A of title I and 

title V of the Elementary and Secondary Education Act of 

1965 (20 U.S.C. 6311 et seq. and 7201 et seq.), if applicable, to— 

(i) provide parents and family members with the 

skills and opportunities necessary to become engaged 

and effective partners in their children’s education, 

particularly the families of dual language learners and 

children with disabilities, which may include access to 

literacy services; 

(ii) improve child development; and 

(iii) strengthen relationships among prekindergarten 

staff and parents and family members; and 

(B) participate in community outreach to encourage families with eligible children to participate in the eligible 

local entity’s high-quality prekindergarten program, including— 

(i) homeless children; 

(ii) dual language learners; 

(iii) children in foster care; 

(iv) children with disabilities; and 

(v) migrant children. 

(2) COORDINATION & ALIGNMENT.—A description of how the 

eligible local entity will— 

(A) coordinate, if applicable, the eligible local entity’s activities with— 

(i) Head Start agencies (consistent with section 

642(e)(5) of the Head Start Act (42 U.S.C. 9837(e)(5)), 

if the local entity is not a Head Start agency; 

(ii) local educational agencies, if the eligible local entity is not a local educational agency; 

(iii) providers of services under part C of the Individuals with Disabilities Education Act (20 U.S.C. 

1431 et seq.); 


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(iv) programs carried out under section 619 of the 

Individuals with Disabilities Education Act (20 U.S.C. 

1419); and 

(v) if feasible, other entities carrying out early childhood education programs and services within the area 

served by the local educational agency. 

(B) develop a process to promote continuity of developmentally appropriate instructional programs and shared 

expectations with local elementary schools for children’s 

learning and development as children transition to kindergarten; 

(C) organize, if feasible, and participate in joint training, 

when available, including transition-related training for 

school staff and early childhood education program staff; 

(D) establish comprehensive transition policies and procedures, with applicable elementary schools and principals, 

for the children served by the eligible local entity that support the school readiness of children transitioning to kindergarten, including the transfer of early childhood education program records, with parental consent; 

(E) conduct outreach to parents, families, and elementary school teachers and principals to discuss the educational, developmental, and other needs of children entering kindergarten; 

(F) help parents, including parents of children who are 

dual language learners, understand and engage with the 

instructional and other services provided by the kindergarten in which such child will enroll after participation in 

a high-quality prekindergarten program; and 

(G) develop and implement a system to increase program 

participation of underserved populations of eligible children, especially homeless children, children eligible for a 

free or reduced-price lunch under the Richard B. Russell 

National School Lunch Act (42 U.S.C. 1751 et seq.), parents of children who are dual language learners, and parents of children with disabilities. 

(3) PROTECTIONS FOR SPECIAL POPULATIONS.—A description 

of how the eligible local entity will meet the diverse needs of 

children in the community to be served, including children 

with disabilities, children whose native language is not 

English, children with other special needs, children in the 

State foster care system, and homeless children. Such description shall demonstrate, at a minimum, how the entity plans 

to— 

(A) ensure the eligible local entity’s high-quality prekindergarten program is accessible and appropriate for 

children with disabilities and dual language learners; 

(B) establish effective procedures for providing necessary 

early screening for learning issues and delays in early literacy and math skill development and intervening services 

based on these screenings to children with disabilities 

prior to an eligibility determination by the State or local 

agency responsible for providing services under section 619 

or part C of the Individuals with Disabilities Education 

Act (20 U.S.C. 1419 and 1431 et seq.); 


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(C) establish effective procedures for timely referral of 

children with disabilities to the State or local agency described in subparagraph (B); 

(D) ensure that the eligible local entity’s high-quality 

prekindergarten program works with appropriate entities 

to address the elimination of barriers to immediate and 

continuous enrollment for homeless children; and 

(E) ensure access to and continuity of enrollment in 

high-quality prekindergarten programs for migratory children, if applicable, and homeless children, including 

through policies and procedures that require— 

(i) outreach to identify migratory children and 

homeless children; 

(ii) immediate enrollment, including enrollment during the period of time when documents typically required for enrollment, including health and immunization records, proof of eligibility, and other documents, 

are obtained; 

(iii) continuous enrollment and participation in the 

same high-quality prekindergarten program for a 

child, even if the child moves out of the program’s 

service area, if that enrollment and participation are 

in the child’s best interest, including by providing 

transportation when necessary; 

(iv) professional development for high-quality prekindergarten program staff regarding migratory children and homelessness among families with young 

children; and 

(v) in serving homeless children, collaboration with 

local educational agency liaisons designated under section 722(g)(1)(J)(ii) of the McKinney-Vento Homeless 

Assistance Act (42 U.S.C. 11432(g)(1)(J)(ii)), and local 

homeless service providers. 

(4) ACCESSIBLE COMPREHENSIVE SERVICES.—A description of 

how the eligible local entity plans to provide accessible comprehensive services, described in section 1112(9)(I), to the children the eligible local entity serves. Such description shall provide information on how the entity will— 

(A) conduct a data-driven community assessment in coordination with members of the community, including parents and community organizations, or use a recently conducted data-driven assessment, which— 

(i) may involve an external partner with expertise in 

conducting such needs analysis, to determine the most 

appropriate social or other support services to offer 

through the eligible local entity’s on-site comprehensive services to children who participate in high-quality prekindergarten programs; and 

(ii) shall consider the resources available at the 

school, local educational agency, and community levels 

to address the needs of the community and improve 

child outcomes; and 

(B) have a coordinated system to facilitate the screening, 

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tion, mental health, disability, and family support for children served by the eligible local entity. 

(5) WORKFORCE.—A description of how the eligible local entity plans to support the instructional staff of such entity’s highquality prekindergarten program, which shall, at a minimum, 

include a plan to provide high-quality professional development, or facilitate the provision of high-quality professional development through an external partner with expertise and a 

demonstrated track record of success, based on scientifically 

valid research, that will improve the knowledge and skills of 

high-quality prekindergarten teachers and staff through activities, which may include— 

(A) acquiring content knowledge and learning teaching 

strategies needed to provide effective instruction that addresses the State’s early learning and development standards described under section 1115(1), including professional training to support the social and emotional development of children; 

(B) enabling high-quality prekindergarten teachers and 

staff to pursue specialized training in early childhood development; 

(C) enabling high-quality prekindergarten teachers and 

staff to acquire the knowledge and skills to provide instruction and appropriate language and support services to 

increase the English language skills of dual language 

learners; 

(D) enabling high-quality prekindergarten teachers and 

staff to acquire the knowledge and skills to provide developmentally appropriate instruction for children with disabilities; 

(E) promoting classroom management; 

(F) providing high-quality induction and support for incoming high-quality prekindergarten teachers and staff in 

high-quality prekindergarten programs, including through 

the use of mentoring programs and coaching that have a 

demonstrated track record of success; 

(G) promoting the acquisition of relevant credentials, including in ways that support career advancement through 

career ladders; and 

(H) enabling high-quality prekindergarten teachers and 

staff to acquire the knowledge and skills to provide culturally competent instruction for children from diverse 

backgrounds. 

SEC. 1122. REQUIRED SUBGRANT ACTIVITIES. 

(a) IN GENERAL.—An eligible local entity that receives a subgrant 

under section 1117(b) shall use subgrant funds to implement the 

elements of a high-quality prekindergarten program for the children described in section 1117(b). 

(b) COORDINATION.— 

(1) LOCAL EDUCATIONAL AGENCY PARTNERSHIPS WITH LOCAL

EARLY CHILDHOOD EDUCATION PROGRAMS.—A local educational 

agency that receives a subgrant under this subtitle shall provide an assurance that the local educational agency will enter 

into strong partnerships with local early childhood education 


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programs, including programs supported through the Head 

Start Act (42 U.S.C. 9831 et seq.). 

(2) ELIGIBLE LOCAL ENTITIES THAT ARE NOT LOCAL EDUCATIONAL AGENCIES.—An eligible local entity that is not a local 

educational agency that receives a subgrant under this subtitle 

shall provide an assurance that such entity will enter into 

strong partnerships with local educational agencies. 

SEC. 1123. REPORT AND EVALUATION. 

(a) IN GENERAL.—Each State that receives a grant under this 

subtitle shall prepare an annual report, in such manner and containing such information as the Secretary may reasonably require. 

(b) CONTENTS.—A report prepared under subsection (a) shall contain, at a minimum— 

(1) a description of the manner in which the State has used 

the funds made available through the grant and a report of the 

expenditures made with the funds; 

(2) a summary of the State’s progress toward providing access to high-quality prekindergarten programs for children eligible for such services, as determined by the State, from families with incomes at or below 200 percent of the poverty line, 

including the percentage of funds spent on children from families with incomes— 

(A) at or below 100 percent of the poverty line; 

(B) at or below between 101 and 150 percent of the poverty line; and 

(C) at or below between 151 and 200 percent of the poverty line; 

(3) an evaluation of the State’s progress toward achieving the 

State’s performance targets, described in section 1119; 

(4) data on the number of high-quality prekindergarten program teachers and staff in the State (including teacher turnover rates and teacher compensation levels compared to teachers in elementary schools and secondary schools), according to 

the setting in which such teachers and staff work (which settings shall include, at a minimum, Head Start programs, public prekindergarten, and child care programs) who received 

training or education during the period of the grant and remained in the early childhood education program field; 

(5) data on the kindergarten readiness of children in the 

State; 

(6) a description of the State’s progress in effectively using 

Federal, State, and local public funds and private funds, for 

early childhood education; 

(7) the number and percentage of children in the State participating in high-quality prekindergarten programs, 

disaggregated by race, ethnicity, family income, child age, disability, whether the children are homeless children, and 

whether the children are dual language learners; 

(8) data on the availability, affordability, and quality of infant and toddler care in the State; 

(9) the number of operational minutes per week and per year 

for each eligible local entity that receives a subgrant; 

(10) the local educational agency and zip code in which each 

eligible local entity that receives a subgrant operates; 


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(11) information, for each of the local educational agencies 

described in paragraph (10), on the percentage of the costs of 

the public early childhood education programs that is funded 

from Federal, from State, and from local sources, including the 

percentages from specific funding programs; 

(12) data on the number and percentage of children in the 

State participating in public kindergarten programs, 

disaggregated by race, family income, child age, disability, 

whether the children are homeless children, and whether the 

children are dual language learners, with information on 

whether such programs are offered— 

(A) for a full-day; and 

(B) at no cost to families; 

(13) data on the number of individuals in the State who are 

supported with scholarships, if applicable, to meet the baccalaureate degree requirement for high-quality prekindergarten 

programs, as defined in section 1112; and 

(14) information on— 

(A) the numbers and rates of expulsion, suspension, and 

similar disciplinary action, of children in the State participating in high-quality prekindergarten programs, provided 

by any eligible local entity, as defined in section 1112(7) of 

this title; 

(B) the State’s progress in establishing policies on effective behavior management strategies and training that 

promote positive social and emotional development to 

eliminate expulsions and extended suspensions of children 

participating in high-quality prekindergarten programs; 

and 

(C) the State’s policies on providing early learning services to children in the State participating in high-quality 

prekindergarten programs who have been suspended. 

(c) SUBMISSION.—A State shall submit the annual report prepared under subsection (a), at the end of each fiscal year, to the 

Secretary, the Secretary of Health and Human Services, and the 

State Advisory Council on Early Childhood Education and Care. 

(d) COOPERATION.—An eligible local entity that receives a 

subgrant under this subtitle shall cooperate with all Federal and 

State efforts to evaluate the effectiveness of the program the entity 

implements with subgrant funds. 

(e) NATIONAL REPORT.—The Secretary shall compile and summarize the annual State reports described under subsection (c) and 

shall prepare and submit an annual report to Congress that includes a summary of such State reports. 

SEC. 1124. PROHIBITION OF REQUIRED PARTICIPATION OR USE OF 

FUNDS FOR ASSESSMENTS. 

(a) PROHIBITION ON REQUIRED PARTICIPATION.—A State receiving 

a grant under this subtitle shall not require any child to participate in any Federal, State, local, or private early childhood education program, including a high-quality prekindergarten program. 

(b) PROHIBITION ON USE OF FUNDS FOR ASSESSMENT.—A State 

receiving a grant under this subtitle and an eligible local entity receiving a subgrant under this subtitle shall not use any grant or 

subgrant funds to carry out any of the following activities: 


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(1) An assessment that provides rewards or sanctions for individual children, teachers, or principals. 

(2) An assessment that is used as the primary or sole method for assessing program effectiveness. 

(3) Evaluating children, other than for the purposes of— 

(A) improving instruction or the classroom environment; 

(B) targeting professional development; 

(C) determining the need for health, mental health, disability, or family support services; 

(D) program evaluation for the purposes of program improvement and parent information; and 

(E) improving parent and family engagement. 

SEC. 1125. COORDINATION WITH HEAD START PROGRAMS. 

(a) INCREASED ACCESS FOR YOUNGER CHILDREN.—Not later than 

1 year after the date of enactment of this Act, the Secretary and 

the Secretary of Health and Human Services shall develop a process— 

(1) for use in the event that Head Start programs funded 

under the Head Start Act (42 U.S.C. 9831 et seq.) operate in 

States or regions that have achieved sustained universal, voluntary access to 4-year old children who reside within the 

State and who are from families with incomes at or below 200 

percent of the poverty line to high-quality prekindergarten programs; and 

(2) for how such Head Start programs will begin converting 

slots for children who are age 4 on the eligibility determination 

date to children who are age 3 on the eligibility determination 

date, or, when appropriate, converting Head Start Programs 

into Early Head Start programs to serve infants and toddlers. 

(b) COMMUNITY NEED AND RESOURCES.—The process described in 

subsection (a) shall— 

(1) be carried out on a case-by-case basis and shall ensure 

that sufficient resources and time are allocated for the development of such a process so that no child or cohort is excluded 

from currently available services; and 

(2) ensure that any conversion shall be based on community 

need and not on the aggregate number of children served in a 

State or region that has achieved sustained, universal, voluntary access to high-quality prekindergarten programs. 

(c) PUBLIC COMMENT AND NOTICE.—Not fewer than 90 days after 

the development of the proposed process described in subsection 

(a), the Secretary and the Secretary of Health and Human Services 

shall publish a notice describing such proposed process for conversion in the Federal Register providing at least 90 days for public 

comment. The Secretaries shall review and consider public comments prior to finalizing the process for conversion of Head Start 

slots and programs. 

(d) REPORTS TO CONGRESS.—Concurrently with publishing a notice in the Federal Register as described in subsection (c), the Secretaries shall provide a report to the Committee on Education and 

the Workforce of the House of Representatives and the Committee 

on Health, Education, Labor, and Pensions of the Senate that provides a detailed description of the proposed process described in 

subsection (a), including a description of the degree to which Head 

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garten programs as a result of the grant opportunity provided 

under this subtitle in States where Head Start programs are eligible for conversion described in subsection (a). 

SEC. 1126. TECHNICAL ASSISTANCE IN PROGRAM ADMINISTRATION. 

In providing technical assistance to carry out activities under 

this title, the Secretary shall coordinate that technical assistance, 

in appropriate cases, with technical assistance provided by the Secretary of Health and Human Services to carry out the programs 

authorized under the Head Start Act (42 U.S.C. 9831 et seq.), the 

Child Care and Development Block Grant Act of 1990 (42 U.S.C. 

9858 et seq.), and the maternal, infant and early childhood home 

visiting programs assisted under section 511 of the Social Security 

Act (42 U.S.C. 711). 

SEC. 1127. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated to carry out this subtitle— 

(1) $1,300,000,000 for fiscal year 2016; 

(2) 3,250,000,000 for fiscal year 2017; 

(3) $5,780,000,000 for fiscal year 2018; 

(4) $7,580,000,000 for fiscal year 2019; 

(5) $8,960,000,000 for fiscal year 2020; and 

(6) such sums as may be necessary for each of fiscal years 

2021 through 2025. 

Subtitle B—Prekindergarten Development 

Grants 

SEC. 1151. PREKINDERGARTEN DEVELOPMENT GRANTS. 

(a) IN GENERAL.—From the amounts appropriated under subsection (f), the Secretary of Education, in consultation with the Secretary of Health and Human Services, shall award competitive 

grants to States that wish to increase the capacity and build the 

infrastructure within the State to offer high-quality prekindergarten programs. 

(b) ELIGIBILITY.—A State that is not receiving funds under section 1115 may compete for grant funds under this subtitle if the 

State provides an assurance that the State will, through the support of grant funds awarded under this subtitle, meet the eligibility 

requirements of section 1115 not later than 3 years after the date 

the State first receives grant funds under this subtitle. 

(c) GRANTS.— (1) DURATION.—The Secretary shall award grants to States 

under this subtitle for a period of not more than 3 years and 

such grants shall not be renewed. 

(2) AUTHORITY TO SUBGRANT.— 

(A) IN GENERAL.—A State receiving a grant under this 

subtitle may use the grant funds to make subgrants to eligible local entities (defined in section 1112(7)) to carry out 

activities under the grant. 

(B) ELIGIBLE LOCAL ENTITIES.—An eligible local entity 

receiving a subgrant under subparagraph (A) shall comply 

with the requirements for States receiving a grant under 

this subtitle, as appropriate. 


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(d) APPLICATION.— (1) IN GENERAL.—A Governor of a State that desires to receive a grant under this subtitle shall submit an application to 

the Secretary of Education at such time, in such manner, and 

accompanied by such information as the Secretary may reasonably require, including a description of how the State plans to 

become eligible for grants under section 1115 by not later than 

3 years after the date the State first receives grant funds 

under this subtitle. 

(2) DEVELOPMENT OF APPLICATION.—In developing an application for a grant under this subtitle, a Governor of a State 

shall consult with the State Advisory Council on Early Childhood Education and Care, and incorporate their recommendations, where applicable. 

(e) MATCHING REQUIREMENT.— 

(1) IN GENERAL.—To be eligible to receive a grant under this 

subtitle, a State shall contribute for the activities for which the 

grant was awarded non-Federal matching funds in an amount 

equal to not less than 20 percent of the amount of the grant. 

(2) NON-FEDERAL FUNDS.—To satisfy the requirement of 

paragraph (1), a State may use— 

(A) cash; or 

(B) an in-kind contribution. 

(3) FINANCIAL HARDSHIP WAIVER.—The Secretary may waive 

paragraph (1) or reduce the amount of matching funds required under that paragraph for a State that has submitted an 

application for a grant under this subtitle if the State demonstrates, in the application, a need for such a waiver or reduction due to extreme financial hardship, as determined by the 

Secretary of Education. 

(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 

be appropriated to carry out this subtitle— (1) $750,000,000 for fiscal year 2016; and 

(2) such sums as may be necessary for each of fiscal years 

2017 through 2025. 

Æ 


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