49–008 

114TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 114–192 

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, AND PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 2647) 

TO EXPEDITE UNDER THE NATIONAL ENVIRONMENTAL POLICY ACT 

AND IMPROVE FOREST MANAGEMENT ACTIVITIES IN UNITS OF THE NATIONAL FOREST SYSTEM DERIVED FROM THE PUBLIC DOMAIN, ON PUBLIC LANDS UNDER THE JURISDICTION OF THE BUREAU OF LAND MANAGEMENT, AND ON TRIBAL LANDS TO RETURN RESILIENCE TO OVERGROWN, FIRE-PRONE FORESTED LANDS, AND FOR OTHER PURPOSES 

JULY 7, 2015.—Referred to the House Calendar and ordered to be printed 

Mr. NEWHOUSE, from the Committee on Rules, 

submitted the following 

R E P O R T 

[To accompany H. Res. 347] 

The Committee on Rules, having had under consideration House 

Resolution 347, by a 9 to 4 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 that pursuant to House Resolution 125, it shall be in order 

to consider the amendments printed in part A of this report as 

though they were the last further amendments printed in part B 

of House Report 114–29. 

Section 2 of the resolution provides for consideration of H.R. 

2647, the Resilient Federal Forests Act of 2015, under a structured 

rule. The resolution provides one hour of general debate equally divided among and controlled by the chair and ranking minority 

members of the Committee on Agriculture and the Committee on 

Natural Resources. The resolution waives all points of order 

against consideration of the bill. The resolution makes in order as 

original text for purpose of amendment an amendment in the nature of a substitute consisting of the text of Rules Committee Print 

114–21, modified by the amendment printed in part B of the Rules 

Committee report, and provides that it shall be considered as read. 

The resolution waives all points of order against that amendment 


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in the nature of a substitute. The resolution makes in order only 

those further amendments printed in part C 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, 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 C of this report. 

The resolution provides one motion to recommit with or without instructions. 

EXPLANATION OF WAIVERS

The waiver of all points of order against consideration of H.R. 

2647 includes a waiver of clause 3(e)(1) of rule XIII (‘‘Ramseyer’’), 

requiring a committee report accompanying a bill amending or repealing statutes to show, by typographical device, parts of statute 

affected. The waiver is provided because the submission provided 

by the committees on Agriculture and Natural Resources was insufficient to meet the standards established by the rule in its current form. The Committee on Rules continues to work with the 

House Office of Legislative Counsel and committees to determine 

the steps necessary to comply with the updated rule. 

The waiver of all points of order against the amendment in the 

nature of a substitute made in order as original text includes a 

waiver of clause 7 of rule XVI, which requires that no motion or 

proposition on a subject different from that under consideration 

shall be admitted under color of amendment. Provisions contained 

in the Rules Committee Print are not germane to the underlying 

bill. 

Although the resolution waives all points of order against the 

amendments printed in part C 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. 84 

Motion by Ms. Slaughter to report open rules for H.R. 5 and H.R. 

2647. Defeated: 4–9 

Majority Members Vote Minority Members Vote 

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

Mr. Cole ............................................................ Nay Mr. McGovern ................................................... Yea 

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

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

Mr. Stivers ........................................................ Nay 

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

Mr. Byrne .......................................................... Nay 

Mr. Newhouse ................................................... Nay 

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


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Rules Committee record vote No. 85 

Motion by Mr. Polis to make in order and provide the appropriate waivers for 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; the amendment #123 

by Rep. Polis (CO), Rep. Carolyn Maloney (NY), Rep. Pocan (WI), 

Rep. Cicilline (RI), Rep. Takano (CA), Rep. Sinema (AZ) and Rep. 

Scott (VA), which prohibits discrimination on the basis of sexual 

orientation or gender identity in public schools; the amendment 

#138 offered by Rep. Polis (CO) and Rep. Young (IA), which requires states and districts to include in their Title I plans what 

steps they will take to assist local school districts in supporting 

gifted students, including those who have not been formally identified as gifted and also amends Title II to support professional development programs for teachers and school leaders to help better 

serve gifted students; and the amendment #131 offered by Rep. 

Polis (CO), which creates a grant program to fund the identification, development, evaluation, and expansion of innovative, evidence-based practices, programs, and strategies in K–12 education. 

Defeated: 4–9 

Majority Members Vote Minority Members Vote 

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

Mr. Cole ............................................................ Nay Mr. McGovern ................................................... Yea 

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

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

Mr. Stivers ........................................................ Nay 

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

Mr. Byrne .......................................................... Nay 

Mr. Newhouse ................................................... Nay 

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

Rules Committee record vote No. 86 

Motion by Ms. Foxx to report the rule. Adopted: 9–4 

Majority Members Vote Minority Members Vote 

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

Mr. Cole ............................................................ Yea Mr. McGovern ................................................... Nay 

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

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

Mr. Stivers ........................................................ Yea 

Mr. Collins ........................................................ Yea 

Mr. Byrne .......................................................... Yea 

Mr. Newhouse ................................................... Yea 

Mr. Sessions, Chairman ................................... Yea 

SUMMARY OF THE AMENDMENTS TO H.R. 5 IN PART A MADE IN ORDER

45. Rokita (IN), Grothman (WI): Sets the authorization from fiscal year 2016 through 2019 (10 minutes) 

46. Walker (NC), DeSantis (FL): Adds A PLUS, which would 

send funding under NCLB back to states in the form of block 

grants, and states would then be able to direct that funding to any 

education purpose under state law. (10 minutes) 

47. Salmon, (AZ): Allows parents to opt their student out of the 

testing required under this bill and exempts schools from including 


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students that have opted out in the schools’ participation requirements. (10 minutes) 

48. Polis (CO): Requires states to have college- and career-ready 

standards and set performance, growth, and graduation rate targets for all student subgroups. The amendment also includes performance targets for English language learners and students with 

disabilities. (10 minutes) 

SUMMARY OF THE AMENDMENT TO H.R. 2647 IN PART B CONSIDERED

AS ADOPTED

1. Bishop, Rob (UT): Makes changes to the public input process 

for projects carried out under Title II. Changes the requirements 

for filling vacancies for Resource Advisory Committees in HR 2647 

and specifies the distributions of funds under the Secure Rural 

Schools program in Title IV. Also makes changes to the management of specific lands in the Northwestern United States under 

BLM and Forest Service authorities in Title VIII. 

SUMMARY OF THE AMENDMENTS TO H.R. 2647 IN PART C MADE IN

ORDER

1. Polis (CO): Strikes Section 203, relating to the prohibition on 

restraining orders, preliminary injunctions, and injunctions pending appeals. Strikes Title III, relating to the imposition of a bond 

requirement as part of a potential legal challenge of certain forest 

management activities. (10 minutes) 

2. Tipton (CO): Requests stewardship contracts awarded prior to 

Feb 7, 2014 shall be modified by the Secretary to include fire liability provisions described in Section 604(d)(7) of the Healthy Forests 

Restoration Act of 2003 (16 U.S.C. 6591c). (10 minutes) 

3. Lujan Grisham (NM): Allows the Forest Service to create a 

pilot program that would execute contracts with tribes to perform 

administrative, management, and other functions of programs of 

the Tribal Forest Protection Act of 2004. (10 minutes) 

4. Kilmer (WA): Directs the Secretary of Agriculture to develop 

and implement at least one landscape-scale forest restoration 

project that includes, as a defined purpose of that project, the generation of material that will be used to promote advanced wood 

products. Requires that the project be developed through a collaborative process. (10 minutes) 

PART A—TEXT OF AMENDMENTS TO H.R. 5 MADE IN ORDER

45. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE ROKITA

OF INDIANA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 5, lines 4, 7, 16, 20, and 24, strike ‘‘2021’’ and insert ‘‘2019’’. 

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

‘‘2019’’. 

Page 7, line 4, strike ‘‘2021’’ and insert ‘‘2019’’. 

Page 94, line 18, strike ‘‘2021’’ and insert ‘‘2019’’. 

Page 450, line 19 and 23, strike ‘‘2021’’ and insert ‘‘2019’’. 

Page 461, line 17, strike ‘‘2021’’ and insert ‘‘2019’’. 

Page 484, line 11, strike ‘‘2021’’ and insert ‘‘2019’’. 

Page 619, line 7, strike ‘‘2021’’ and insert ‘‘2019’’. 


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46. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE WALKER

OF NORTH CAROLINA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 580, line 24, strike the closing quotation mark and second 

period. 

Page 580, after line 24, insert the following: 

‘‘PART G—A PLUS ACT 

‘‘SECTION 6701. SHORT TITLE; PURPOSE; DEFINITIONS. 

‘‘(a) SHORT TITLE.—This part may be cited as the ‘‘Academic 

Partnerships Lead Us to Success Act’’ or the ‘A PLUS Act’. 

‘‘(b) PURPOSE.—The purposes of this part are as follows: 

‘‘(1) To give States and local communities added flexibility to 

determine how to improve academic achievement and implement education reforms. 

‘‘(2) To reduce the administrative costs and compliance burden of Federal education programs in order to focus Federal resources on improving academic achievement. 

‘‘(3) To ensure that States and communities are accountable 

to the public for advancing the academic achievement of all 

students, especially disadvantaged children. 

‘‘(c) DEFINITIONS.—In this part: 

‘‘(1) ACCOUNTABILITY.—The term ‘accountability’ means that 

public schools are answerable to parents and other taxpayers 

for the use of public funds and shall report student progress 

to parents and taxpayers regularly. 

‘‘(2) DECLARATION OF INTENT.—The term ‘declaration of intent’ means a decision by a State, as determined by State Authorizing Officials or by referendum, to assume full management responsibility for the expenditure of Federal funds for 

certain eligible programs for the purpose of advancing, on a 

more comprehensive and effective basis, the educational policy 

of such State. 

‘‘(3) STATE.—The term ‘State’ has the meaning given such 

term in section 1122(e). 

‘‘(4) STATE AUTHORIZING OFFICIALS.—The term ‘State Authorizing Officials’ means the State officials who shall authorize 

the submission of a declaration of intent, and any amendments 

thereto, on behalf of the State. Such officials shall include not 

less than 2 of the following: 

‘‘(A) The governor of the State. 

‘‘(B) The highest elected education official of the State, 

if any. 

‘‘(C) The legislature of the State. 

‘‘(5) STATE DESIGNATED OFFICER.—The term ‘State Designated Officer’ means the person designated by the State Authorizing Officials to submit to the Secretary, on behalf of the 

State, a declaration of intent, and any amendments thereto, 

and to function as the point-of-contact for the State for the Secretary and others relating to any responsibilities arising under 

this part. 


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‘‘SEC. 6702. DECLARATION OF INTENT. 

‘‘(a) IN GENERAL.—Each State is authorized to submit to the Secretary a declaration of intent permitting the State to receive Federal funds on a consolidated basis to manage the expenditure of 

such funds to advance the educational policy of the State. 

‘‘(b) PROGRAMS ELIGIBLE FOR CONSOLIDATION AND PERMISSIBLE

USE OF FUNDS.— 

‘‘(1) SCOPE.—A State may choose to include within the scope 

of the State’s declaration of intent any program for which Congress makes funds available to the State if the program is for 

a purpose described in this Act. A State may not include any 

program funded pursuant to the Individuals with Disabilities 

Education Act (20 U.S.C. 1400 et seq.). 

‘‘(2) USES OF FUNDS.—Funds made available to a State pursuant to a declaration of intent under this part shall be used 

for any educational purpose permitted by State law of the 

State submitting a declaration of intent. 

‘‘(3) REMOVAL OF FISCAL AND ACCOUNTING BARRIERS.—Each 

State educational agency that operates under a declaration of 

intent under this part shall modify or eliminate State fiscal 

and accounting barriers that prevent local educational agencies 

and schools from easily consolidating funds from other Federal, 

State, and local sources in order to improve educational opportunities and reduce unnecessary fiscal and accounting requirements. 

‘‘(c) CONTENTS OF DECLARATION.—Each declaration of intent 

shall contain— 

‘‘(1) a list of eligible programs that are subject to the declaration of intent; 

‘‘(2) an assurance that the submission of the declaration of 

intent has been authorized by the State Authorizing Officials, 

specifying the identity of the State Designated Officer; 

‘‘(3) the duration of the declaration of intent; 

‘‘(4) an assurance that the State will use fiscal control and 

fund accounting procedures; 

‘‘(5) an assurance that the State will meet the requirements 

of applicable Federal civil rights laws in carrying out the declaration of intent and in consolidating and using the funds 

under the declaration of intent; 

‘‘(6) an assurance that in implementing the declaration of intent the State will seek to advance educational opportunities 

for the disadvantaged; 

‘‘(7) a description of the plan for maintaining direct accountability to parents and other citizens of the State; and 

‘‘(8) an assurance that in implementing the declaration of intent, the State will seek to use Federal funds to supplement, 

rather than supplant, State education funding. 

‘‘(d) DURATION.—The duration of the declaration of intent shall 

not exceed 5 years. 

‘‘(e) REVIEW AND RECOGNITION BY THE SECRETARY.— 

‘‘(1) IN GENERAL.—The Secretary shall review the declaration 

of intent received from the State Designated Officer not more 

than 60 days after the date of receipt of such declaration, and 

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tion of intent fails to meet the requirements under subsection 

(c). 

‘‘(2) RECOGNITION BY OPERATION OF LAW.—If the Secretary 

fails to take action within the time specified in paragraph (1), 

the declaration of intent, as submitted, shall be deemed to be 

approved. 

‘‘(f) AMENDMENT TO DECLARATION OF INTENT.— 

‘‘(1) IN GENERAL.—The State Authorizing Officials may direct 

the State Designated Officer to submit amendments to a declaration of intent that is in effect. Such amendments shall be 

submitted to the Secretary and considered by the Secretary in 

accordance with subsection (e). 

‘‘(2) AMENDMENTS AUTHORIZED.—A declaration of intent that 

is in effect may be amended to— 

‘‘(A) expand the scope of such declaration of intent to encompass additional eligible programs; 

‘‘(B) reduce the scope of such declaration of intent by excluding coverage of a Federal program included in the 

original declaration of intent; 

‘‘(C) modify the duration of such declaration of intent; or 

‘‘(D) achieve such other modifications as the State Authorizing Officials deem appropriate. 

‘‘(3) EFFECTIVE DATE.—The amendment shall specify an effective date. Such effective date shall provide adequate time to 

assure full compliance with Federal program requirements relating to an eligible program that has been removed from the 

coverage of the declaration of intent by the proposed amendment. 

‘‘(4) TREATMENT OF PROGRAM FUNDS WITHDRAWN FROM DECLARATION OF INTENT.—Beginning on the effective date of an 

amendment executed under paragraph (2)(B), each program requirement of each program removed from the declaration of intent shall apply to the State’s use of funds made available 

under the program. 

‘‘SEC. 6703. TRANSPARENCY FOR RESULTS OF PUBLIC EDUCATION. 

‘‘(a) IN GENERAL.—Each State operating under a declaration of 

intent under this part shall inform parents and the general public 

regarding the student achievement assessment system, demonstrating student progress relative to the State’s determination of 

student proficiency, as described in paragraph (2), for the purpose 

of public accountability to parents and taxpayers. 

‘‘(b) ACCOUNTABILITY SYSTEM.—The State shall determine and 

establish an accountability system to ensure accountability under 

this part. 

‘‘(c) REPORT ON STUDENT PROGRESS.—Not later than 1 year after 

the effective date of the declaration of intent, and annually thereafter, a State shall disseminate widely to parents and the general 

public a report that describes student progress. The report shall include— 

‘‘(1) student performance data disaggregated in the same 

manner as data are disaggregated under section 1111(b)(3)(A); 

and 

‘‘(2) a description of how the State has used Federal funds 

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ties between various student groups, and improve educational 

opportunities for the disadvantaged. 

‘‘SEC. 6704. ADMINISTRATIVE EXPENSES. 

‘‘(a) IN GENERAL.—Except as provided in subsection (b), the 

amount that a State with a declaration of intent may expend for 

administrative expenses shall be limited to 1 percent of the aggregate amount of Federal funds made available to the State through 

the eligible programs included within the scope of such declaration 

of intent. 

‘‘(b) STATES NOT CONSOLIDATING FUNDS UNDER PART A OF TITLE

I.—If the declaration of intent does not include within its scope 

part A of title I, the amount spent by the State on administrative 

expenses shall be limited to 3 percent of the aggregate amount of 

Federal funds made available to the State pursuant to such declaration of intent. 

‘‘SEC. 6705. EQUITABLE PARTICIPATION OF PRIVATE SCHOOLS. 

‘‘Each State consolidating and using funds pursuant to a declaration of intent under this part shall provide for the participation of 

private school children and teachers in the activities assisted under 

the declaration of intent in the same manner as participation is 

provided to private school children and teachers under section 

9501.’’. 

47. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE SALMON

OF ARIZONA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 31, line 3, strike ‘‘(3)(B)(ii)(II)’’ and insert ‘‘(3)(B)(ii)(II), except that States shall allow the parent of a student to opt such student out of the assessments required under this paragraph for any 

reason and shall not include such students in calculating the participation rate under this clause’’. 

48. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE POLIS OF

COLORADO OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Strike section 112 and insert the following: 

SEC. 112. STATE PLANS. 

Section 1111 (20 U.S.C. 6311) is amended to read as follows: 

‘‘SEC. 1111. STATE PLANS. 

‘‘(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 


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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. 

‘‘(b) COLLEGE AND CAREER READY CONTENT STANDARDS, ASSESS- MENTS, 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 educational 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 


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institutions of higher education in the State; 

and 

‘‘(bb) success on relevant State career and 

technical education standards; or 

‘‘(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, 


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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 

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. 


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‘‘(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— 

‘‘(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; 


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‘‘(ii) are accessible, valid, and reliable; 

‘‘(iii) measure proficiency in reading, listening, 

speaking, and writing in English both individually and 

collectively; 

‘‘(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. 


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‘‘(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 

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; 


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‘‘(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 

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 


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(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); 

‘‘(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 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; 


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‘‘(III) instructional personnel attendance, vacancies, and turnover; and 

‘‘(IV) rates of effective teachers and principals, 

as determined by the State or local educational 

agency; 

‘‘(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 performance and condition of 

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, data on the State-established 

equity indicators, as described in subparagraph (C); 

and 

‘‘(E) identify 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 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; and 

‘‘(iii) reward 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). 

‘‘(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 

the targets approved under section 200.19 of title 34, 


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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 

and the graduation rate for the purpose of determining whether schools, local educational agencies, 


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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) 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 alternate achievement standards described in subparagraph (4)(D) and with completion of the student’s 

right to 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 a Statedefined 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 2014– 

2015 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 personnel 

and nonpersonnel resources, between schools that are receiving funds under this title and schools that are not receiving such funds under this title, consistent with the requirements in section 1120A, 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 and accommodated to the extent 

possible; and 

‘‘(V) parents of such students give informed consent that— 

‘‘(aa) their child’s achievement be based on 

alternate achievement standards; and 

‘‘(bb) if applicable, that participation in such 

assessments precludes the student from completing 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— 

‘‘(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 


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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 

(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 

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ter 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 

‘‘(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 


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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; 

‘‘(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; 


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‘‘(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); 

‘‘(B) meeting its goals and performance targets described 

in subsection (c)(2); and 

‘‘(C) improving the capacity and skills of teachers and 

principals 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 acaVerDate Sep 11 2014 04:43 Jul 08, 2015 Jkt 049008 PO 00000 Frm 00027 Fmt 6659 Sfmt 6602 E:\HR\OC\HR192.XXX HR192

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demic 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) the State established equity indicators 

under subsection (c)(1)(C); 

‘‘(V) the percentage of students who did not take 

the State assessments; and 

‘‘(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 


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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, and the criteria that the 

State educational agency has established, consistent 

with subsection (c), 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). 

‘‘(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 


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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 

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 parVerDate Sep 11 2014 04:43 Jul 08, 2015 Jkt 049008 PO 00000 Frm 00030 Fmt 6659 Sfmt 6602 E:\HR\OC\HR192.XXX HR192

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ents 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 improvement 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. 


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‘‘(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) 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.— ‘‘(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 


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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. 

‘‘(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 WITHDRAWALS.—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. 


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‘‘(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 reason 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, 


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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.’’. 

Strike section 117 and insert the following: 

SEC. 117. 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) to review, annually, the progress of 

each school served under this part, and consistent with the 

parameters described in paragraph (2), to determine 

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), determine 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 paraments 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 continually refine, in an instructionally useful manner, the 

program of instruction to help all children served under 


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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. 

‘‘(2) HIGH PRIORITY SCHOOLS.—The State educational agency 

shall establish parameters, consistent with section 

1111(c)(1)(E)(i), to assist local educational agencies in identifying 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 inVerDate Sep 11 2014 04:43 Jul 08, 2015 Jkt 049008 PO 00000 Frm 00036 Fmt 6659 Sfmt 6602 E:\HR\OC\HR192.XXX HR192

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clude 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 improvement 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 STRAT- EGIES.—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 


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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 determined 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; 

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gaged 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— 

‘‘(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) screening all existing staff at the school, 

with the leadership team, through a process that 

ensures a rigorous and fair review of their applications; 

‘‘(III) improving the recruitment and retention 

of qualified and effective teachers and principals, 

as determined by the State or local educational 

agency, to work in the school; 

‘‘(IV) professional development activities that respond to student and school-wide needs aligned 

with the school improvement plan, such as— 

‘‘(aa) training teachers, leaders, and 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 

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ject area and interdisciplinary groups and 

similar schools; 

‘‘(V) appropriately identifying teachers for each 

grade and course; and 

‘‘(VI) 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 

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; 


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‘‘(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), organizations 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. 


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‘‘(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) improvement indicators as established 

under section 1111(c)(1)(D). 

‘‘(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 improvement indicators established under section 

1111(c)(1)(D), then— 

‘‘(i) the local educational agency shall evaluate 

school performance and other data, and provide intensive 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— 

‘‘(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, 

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able 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 

services to students who attended that school and 

their parents. 

‘‘(D) PERSISTENTLY LOW ACHIEVING SCHOOL.—If, after 5 

years of implementing its school improvement plan, a persistently low achieving school does not demonstrate 

progress on the goals and targets under section 1111(c)(2) 

that were identified under the school improvement plan, 

then 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, and shall provide all students with enrolled new high-quality educational options, 

as described in subparagraph (C). 

‘‘(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 

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cational 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— 

‘‘(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; 


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‘‘(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; 

‘‘(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; 


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‘‘(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 

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.’’. 

PART B—TEXT OF AMENDMENT TO H.R. 2647 CONSIDERED AS ADOPTED

Page 6, lines 16 and 17, strike ‘‘fire-impacted lands following a 

large-scale wildfire’’ and insert ‘‘impacted lands following a largescale catastrophic event’’. 

Page 12, line 6 strike ‘‘second fiscal year’’ and insert ‘‘fifth fiscal 

year’’. 


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Page 16, line 11, strike ‘‘used to for’’ and insert ‘‘used for’’. 

Page 17, after line 21, insert the following: 

(d) TIMELINE FOR PUBLIC INPUT PROCESS.—Notwithstanding any 

other provision of law, in the case of a salvage operation or reforestation activity proposed to be conducted on National Forest System lands or public lands adversely impacted by a large-scale catastrophic event, the Secretary concerned shall allow 30 days for public scoping and comment, 15 days for filing an objection, and 15 

days for the agency response to the filing of an objection. Upon 

completion of this process and expiration of the period specified in 

subsection (a), the Secretary concerned shall implement the project 

immediately. 

Page 23, strike lines 9 and 10, and insert the following: 

(A) include the sale of timber or other forest products, 

reduce fire risks, or improve water supplies; and 

Page 24, strike line 14 and all that follows through page 25, line 

3, and insert the following: 

(A) TEMPORARY REDUCTION.—During the period beginning on the date of the enactment of this paragraph and 

ending on September 30, 2020, a resource advisory committee established under this section may be comprised of 

9 or more members, of which— 

(i) at least 3 shall be representative of interests described in subparagraph (A) of paragraph (2); 

(ii) at least 3 shall be representative of interests described in subparagraph (B) of paragraph (2); and 

(iii) at least 3 shall be representative of interests described in subparagraph (C) of paragraph (2). 

Page 26, line 14, strike ‘‘committee.’’ and insert ‘‘committee, including at least 1 member from each of the 3 categories described 

in subsection (d)(2).’’. 

Page 29, after line 22, insert the following new section: 

SEC. 405. TREATMENT AS SUPPLEMENTAL FUNDING. 

Section 102 of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7112) is amended by adding at 

the end the following new subsection: 

‘‘(f) TREATMENT AS SUPPLEMENTAL FUNDING.—None of the funds 

made available to a beneficiary county or other political subdivision 

of a State under this Act shall be used in lieu of or to otherwise 

offset State funding sources for local schools, facilities, or educational purposes.’’. 

Page 43, line 9, strike ‘‘and’’. 

Page 43, line 12, strike the period at the end and insert ‘‘; and’’. 

Page 43, after line 12, and insert the following: 

(E) ensure that all commercial timber removed from the 

Federal forest land is sold on a competitive bid basis. 

Page 52, line 25, after ‘‘funds’’ insert the following: ‘‘, only from 

the account established pursuant to subsection (b),’’. 

At the end of title VIII (page 48, after line 14), add the following 

new sections: 


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SEC. 807. APPLICATION OF NORTHWEST FOREST PLAN SURVEY AND 

MANAGE MITIGATION MEASURE STANDARD AND GUIDELINES. 

The Northwest Forest Plan Survey and Manage Mitigation Measure Standard and Guidelines shall not apply to any National Forest System lands or public lands. 

SEC. 808. MANAGEMENT OF BUREAU OF LAND MANAGEMENT LANDS 

IN WESTERN OREGON. 

(a) GENERAL RULE.—All of the public land managed by the Bureau of Land Management in the Salem District, Eugene District, 

Roseburg District, Coos Bay District, Medford District and the 

Klamath Resource Area of the Lakeview District in the State of Oregon shall hereafter be managed pursuant to title I of the of the 

Act of August 28, 1937 (43 U.S.C. 1181a through 1181e). Except as 

provided in subsection (b), all of the revenue produced from such 

land shall be deposited in the Treasury of the United States in the 

Oregon and California land-grant fund and be subject to the provisions of title II of the Act of August 28, 1937 (43 U.S.C. 1181f). 

(b) CERTAIN LANDS EXCLUDED.—Subsection (a) does not apply to 

any revenue that is required to be deposited in the Coos Bay 

Wagon Road grant fund pursuant to sections 1 through 4 of the Act 

of May 24, 1939 (43 U.S.C. 1181f-1 through f-4). 

SEC. 809. BUREAU OF LAND MANAGEMENT RESOURCE MANAGEMENT 

PLANS. 

(a) ADDITIONAL ANALYSIS AND ALTERNATIVES.—To develop a full 

range of reasonable alternatives as required by the National Environmental Policy Act of 1969, the Secretary of the Interior shall develop and consider in detail a reference analysis and two additional 

alternatives as part of the revisions of the resource management 

plans for the Bureau of Land Management’s Salem, Eugene, Coos 

Bay, Roseburg, and Medford Districts and the Klamath Resource 

Area of the Lakeview District. 

(b) REFERENCE ANALYSIS.—The reference analysis required by 

subsection (a) shall measure and assume the harvest of the annual 

growth net of natural mortality for all forested land in the planning area in order to determine the maximum sustained yield capacity of the forested land base and to establish a baseline by 

which the Secretary of the Interior shall measure incremental effects on the sustained yield capacity and environmental impacts 

from management prescriptions in all other alternatives. 

(c) ADDITIONAL ALTERNATIVES.— (1) CARBON SEQUESTRATION ALTERNATIVE.—The Secretary of 

the Interior shall develop and consider an additional alternative with the goal of maximizing the total carbon benefits 

from forest storage and wood product storage. To the extent 

practicable, the analysis shall consider— 

(A) the future risks to forest carbon from wildfires, insects, and disease; 

(B) the amount of carbon stored in products or in landfills; 

(C) the life cycle benefits of harvested wood products 

compared to non-renewable products; and 

(D) the energy produced from wood residues. 

(2) SUSTAINED YIELD ALTERNATIVE.—The Secretary of the Interior shall develop and consider an additional alternative that 


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produces the greater of 500 million board feet or the annual 

net growth on the acres classified as timberland, excluding any 

congressionally reserved areas. The projected harvest levels, as 

nearly as practicable, shall be distributed among the Districts 

referred to in subsection (a) in the same proportion as the maximum yield capacity of each such District bears to maximum 

yield capacity of the planning area as a whole. 

(d) ADDITIONAL ANALYSIS AND PUBLIC PARTICIPATION.—The Secretary of the Interior shall publish the reference analysis and additional alternatives and analyze their environmental and economic 

consequences in a supplemental draft environmental impact statement. The draft environmental impact statement and supplemental 

draft environmental impact statement shall be made available for 

public comment for a period of not less than 180 days. The Secretary shall respond to any comments received before making a 

final decision between all alternatives. 

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

the obligation of the Secretary of the Interior to manage the 

timberlands as required by the Act of August 28, 1937 (50 Stat. 

874; 43 U.S.C. 1181a–1181j). 

PART C—TEXT OF AMENDMENTS TO H.R 2647 MADE IN ORDER

1. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE POLIS OF

COLORADO OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Strike section 203. 

Strike title III. 

2. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE TIPTON OF

COLORADO OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 33, after line 21, insert the following new section: 

SEC. 505. FIRE LIABILITY PROVISION. 

Section 604(d) of the Healthy Forests Restoration Act of 2003 (16 

U.S.C. 6591c(d)) is amended by adding at the end the following 

new paragraph: 

‘‘(8) MODIFICATION.—Upon the request of the contractor, a 

contract or agreement under this section awarded before February 7, 2014, shall be modified by the Chief or Director to include the fire liability provisions described in paragraph (7).’’. 

3. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE LUJAN

GRISHAM OF NEW MEXICO OR HER DESIGNEE, DEBATABLE FOR 10 

MINUTES

Page 44, after line 15, insert the following: 

SEC. 703. TRIBAL FOREST MANAGEMENT DEMONSTRATION PROJECT. 

The Secretary of the Interior and the Secretary of Agriculture 

may carry out demonstration projects by which federally recognized 

Indian tribes or tribal organizations may contract to perform administrative, management, and other functions of programs of the 

Tribal Forest Protection Act of 2004 (25 U.S.C. 3115a et seq.) 


rfrederick on DSK6SPTVN1PROD with HEARING
50 

through contracts entered into under the Indian Self -Determination and Education Assistance Act (25 U.S.C. 450 et seq). 

4. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE KILMER OF

WASHINGTON OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

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

SEC. 807. LANDSCAPE-SCALE FOREST RESTORATION PROJECT. 

The Secretary of Agriculture shall develop and implement at 

least one landscape-scale forest restoration project that includes, as 

a defined purpose of the project, the generation of material that 

will be used to promote advanced wood products. The project shall 

be developed through a collaborative process. 

Æ 


rfrederick on DSK6SPTVN1PROD with HEARING