I 

112TH CONGRESS 

2D SESSION H. R. 3989 

To support State and local accountability for public education, inform parents 

of their schools’ performance, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 9, 2012 

Mr. KLINE (for himself, Mr. HUNTER, Mr. ROE of Tennessee, Mr. PETRI, Mr. 

WILSON of South Carolina, Mr. THOMPSON of Pennsylvania, Mr. 

DESJARLAIS, Mrs. NOEM, Mrs. ROBY, and Mr. HECK) introduced the following bill; which was referred to the Committee on Education and the 

Workforce 

A BILL 

To support State and local accountability for public education, inform parents of their schools’ performance, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Student Success Act’’. 

5 SEC. 2. TABLE OF CONTENTS. 

6 The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. References. 

Sec. 4. Transition. 

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Sec. 5. Effective dates. 

Sec. 6. Authorization of appropriations. 

TITLE I—AID TO LOCAL EDUCATIONAL AGENCIES 

Subtitle A—In General 

Sec. 101. Title heading. 

Sec. 102. Statement of purpose. 

Sec. 103. Flexibility to use Federal funds. 

Sec. 104. School improvement. 

Sec. 105. State administration. 

Subtitle B—Improving the Academic Achievement of the Disadvantaged 

Sec. 111. Part A headings. 

Sec. 112. State plans. 

Sec. 113. Local educational agency plans. 

Sec. 114. Eligible school attendance areas. 

Sec. 115. Schoolwide programs. 

Sec. 116. Targeted assistance schools. 

Sec. 117. Academic assessment and local educational agency and school improvement; school support and recognition. 

Sec. 118. Parental involvement. 

Sec. 119. Qualifications for teachers and paraprofessionals. 

Sec. 120. Participation of children enrolled in private schools. 

Sec. 121. Fiscal requirements. 

Sec. 122. Coordination requirements. 

Sec. 123. Grants for the outlying areas and the Secretary of the Interior. 

Sec. 124. Allocations to States. 

Sec. 125. Basic grants to local educational agencies. 

Sec. 126. Adequacy of funding of targeted grants to local educational agencies 

in fiscal years after fiscal year 2001. 

Sec. 127. Education finance incentive grant program. 

Sec. 128. Carryover and waiver. 

Subtitle C—Additional Aid to States and School Districts 

Sec. 131. Additional aid. 

Subtitle D—National Assessment 

Sec. 141. National assessment of title I. 

Subtitle E—Title I General Provisions 

Sec. 151. General provisions for title I. 

TITLE II—GENERAL PROVISIONS FOR THE ACT 

Sec. 201. General provisions for the Act. 

Sec. 202. Repeal. 

Sec. 203. Amendment to IDEA. 

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1 SEC. 3. REFERENCES. 

2 Except as otherwise expressly provided, whenever in 

3 this Act an amendment or repeal is expressed in terms 

4 of an amendment to, or repeal of, a section or other provi5 sion, the reference shall be considered to be made to a 

6 section or other provision of the Elementary and Sec7 ondary Education Act of 1965 (20 U.S.C. 6301 et seq.). 

8 SEC. 4. TRANSITION. 

9 Unless otherwise provided in this Act, any person or 

10 agency that was awarded a grant under the Elementary 

11 and Secondary Education Act of 1965 (20 U.S.C. 6301 

12 et seq.) prior to the date of the enactment of this Act shall 

13 continue to receive funds in accordance with the terms of 

14 such award, except that funds for such award may not 

15 continue more than one year after the date of the enact16 ment of this Act. 

17 SEC. 5. EFFECTIVE DATES. 

18 (a) IN GENERAL.—Except as otherwise provided in 

19 this Act, this Act, and the amendments made by this Act, 

20 shall be effective upon the date of enactment of this Act. 

21 (b) NONCOMPETITIVE PROGRAMS.—With respect to 

22 noncompetitive programs under which any funds are allot23 ted by the Secretary of Education to recipients on the 

24 basis of a formula, this Act, and the amendments made 

25 by this Act, shall take effect on July 1, 2012. 

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1 (c) COMPETITIVE PROGRAMS.—With respect to pro2 grams that are conducted by the Secretary on a competi3 tive basis, this Act, and the amendments made by this Act, 

4 shall take effect with respect to appropriations for use 

5 under those programs for fiscal year 2013. 

6 SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 

7 The Act (20 U.S.C. 6301 et seq.) is amended by in8 serting after section 2 the following: 

9 ‘‘SEC. 3. AUTHORIZATIONS OF APPROPRIATIONS. 

10 ‘‘(a) TITLE I.— 

11 ‘‘(1) PART A.—There are authorized to be ap12 propriated to carry out part A of title I 

13 $16,651,768,000 for fiscal year 2013. 

14 ‘‘(2) PART B.—There are authorized to be ap15 propriated to carry out part B of title I $3,194,000 

16 for fiscal year 2013. 

17 ‘‘(b) OUT YEARS.—The amounts authorized by sub18 section (a) shall be increased for each of fiscal years 2014 

19 through 2018 by a percentage equal to the percentage of 

20 inflation according to the Consumer Price Index, for the 

21 calendar year ending prior to the beginning of that fiscal 

22 year.’’. 

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1 TITLE I—AID TO LOCAL 

2 EDUCATIONAL AGENCIES 

3 Subtitle A—In General 

4 SEC. 101. TITLE HEADING. 

5 The title heading for title I (20 U.S.C. 6301 et seq.) 

6 is amended to read as follows: 

7 ‘‘TITLE I—AID TO LOCAL 

8 EDUCATIONAL AGENCIES’’. 

9 SEC. 102. STATEMENT OF PURPOSE. 

10 Section 1001 (20 U.S.C. 6301) is amended to read 

11 as follows: 

12 ‘‘SEC. 1001. STATEMENT OF PURPOSE. 

13 ‘‘The purpose of this title is to provide all children 

14 the opportunity to graduate high school prepared for post15 secondary education or the workforce. This purpose can 

16 be accomplished by— 

17 ‘‘(1) meeting the educational needs of low18 achieving children in our Nation’s highest-poverty 

19 schools, English learners, migratory children, chil20 dren with disabilities, Indian children, and neglected 

21 or delinquent children; 

22 ‘‘(2) closing the achievement gap between high23 and low-performing children, especially the achieve24 ment gaps between minority and nonminority stumstockstill on DSK4VPTVN1PROD with BILLS

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1 dents, and between disadvantaged children and their 

2 more advantaged peers; 

3 ‘‘(3) affording parents substantial and mean4 ingful opportunities to participate in the education 

5 of their children; and 

6 ‘‘(4) challenging States and local educational 

7 agencies to embrace meaningful, evidence-based edu8 cation reform, while encouraging state and local in9 novation.’’. 

10 SEC. 103. FLEXIBILITY TO USE FEDERAL FUNDS. 

11 Section 1002 (20 U.S.C. 6302) is amended to read 

12 as follows: 

13 ‘‘SEC. 1002. FLEXIBILITY TO USE FEDERAL FUNDS. 

14 ‘‘(a) ALTERNATIVE USES OF FEDERAL FUNDS FOR

15 STATE EDUCATIONAL AGENCIES.— 

16 ‘‘(1) IN GENERAL.—Subject to subsections (c) 

17 and (d) and notwithstanding any other provision of 

18 law, a State educational agency may use the applica19 ble funding that the agency receives for a fiscal year 

20 to carry out any State activity authorized or re21 quired under one or more of the following provisions: 

22 ‘‘(A) Section 1003. 

23 ‘‘(B) Section 1004. 

24 ‘‘(C) Subpart 2 of part A of title I. 

25 ‘‘(D) Subpart 3 of part A of title I. 

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1 ‘‘(E) Subpart 4 of part A of title I. 

2 ‘‘(F) Chapter B of subpart 6 of part A of 

3 title I. 

4 ‘‘(2) NOTIFICATION.—Not later than June 1 of 

5 each year, a State educational agency shall notify 

6 the Secretary of the State educational agency’s in7 tention to use the applicable funding for any of the 

8 alternative uses under paragraph (1). 

9 ‘‘(3) APPLICABLE FUNDING DEFINED.— 

10 ‘‘(A) IN GENERAL.—Except as provided in 

11 subparagraph (B), in this subsection, the term 

12 ‘applicable funding’ means funds provided to 

13 carry out State activities under one or more of 

14 the following provisions. 

15 ‘‘(i) Section 1003. 

16 ‘‘(ii) Section 1004. 

17 ‘‘(iii) Subpart 2 of part A of title I. 

18 ‘‘(iv) Subpart 3 of part A of title I. 

19 ‘‘(v) Subpart 4 of part A of title I. 

20 ‘‘(B) LIMITATION.—In this subsection, the 

21 term ‘applicable funding’ does not include funds 

22 provided under any of the provisions listed in 

23 subparagraph (A) that State educational agen24 cies are required by this Act— 

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1 ‘‘(i) to reserve, allocate, or spend for 

2 required activities; 

3 ‘‘(ii) to allocate, allot, or award to 

4 local educational agencies or other entities 

5 eligible to receive such funds; or 

6 ‘‘(iii) to use for technical assistance or 

7 monitoring. 

8 ‘‘(4) DISBURSEMENT.—The Secretary shall dis9 burse the applicable funding to State educational 

10 agencies for alternative uses under paragraph (1) for 

11 a fiscal year at the same time as the Secretary dis12 burses the applicable funding to State educational 

13 agencies that do not intend to use the applicable 

14 funding for such alternative uses for the fiscal year. 

15 ‘‘(b) ALTERNATIVE USES OF FEDERAL FUNDS FOR

16 LOCAL EDUCATIONAL AGENCIES.— 

17 ‘‘(1) IN GENERAL.—Subject to subsections (c) 

18 and (d) and notwithstanding any other provision of 

19 law, a local educational agency may use the applica20 ble funding that the agency receives for a fiscal year 

21 to carry out any local activity authorized or required 

22 under one or more of the following provisions: 

23 ‘‘(A) Section 1003. 

24 ‘‘(B) Subpart 1 of part A of title I. 

25 ‘‘(C) Subpart 2 of part A of title I. 

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1 ‘‘(D) Subpart 3 of part A of title I. 

2 ‘‘(E) Subpart 4 of part A of title I. 

3 ‘‘(F) Subpart 6 of part A of title I. 

4 ‘‘(2) NOTIFICATION.—A local educational agen5 cy shall notify the State educational agency of the 

6 local educational agency’s intention to use the appli7 cable funding for any of the alternative uses under 

8 paragraph (1) by a date that is established by the 

9 State educational agency for the notification. 

10 ‘‘(3) APPLICABLE FUNDING DEFINED.— 

11 ‘‘(A) IN GENERAL.—Except as provided in 

12 subparagraph (B), in this subsection, the term 

13 ‘applicable funding’ means funds provided to 

14 carry out local activities under one or more of 

15 the following provisions: 

16 ‘‘(i) Subpart 2 of part A of title I. 

17 ‘‘(ii) Subpart 3 of part A of title I. 

18 ‘‘(iii) Subpart 4 of part A of title I. 

19 ‘‘(iv) Chapter A of subpart 6 of part 

20 A of title I. 

21 ‘‘(B) LIMITATION.—In this subsection, the 

22 term ‘applicable funding’ does not include funds 

23 provided under any of the provisions listed in 

24 subparagraph (A) that local educational agen25 cies are required by this Act— 

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1 ‘‘(i) to reserve, allocate, or spend for 

2 required activities; 

3 ‘‘(ii) to allocate, allot, or award to en4 tities eligible to receive such funds; or 

5 ‘‘(iii) to use for technical assistance or 

6 monitoring. 

7 ‘‘(4) DISBURSEMENT.—Each State educational 

8 agency that receives applicable funding for a fiscal 

9 year shall disburse the applicable funding to local 

10 educational agencies for alternative uses under para11 graph (1) for the fiscal year at the same time as the 

12 State educational agency disburses the applicable 

13 funding to local educational agencies that do not in14 tend to use the applicable funding for such alter15 native uses for the fiscal year. 

16 ‘‘(c) RULE FOR ADMINISTRATIVE COSTS.—A State 

17 educational agency or a local educational agency shall only 

18 use applicable funding (as defined in subsection (a)(3) or 

19 (b)(3), respectively) for administrative costs incurred in 

20 carrying out a provision listed in subsection (a)(1) or 

21 (b)(1), respectively, to the extent that the agency, in the 

22 absence of this section, could have used funds for adminis23 trative costs with respect to a program listed in subsection 

24 (a)(3) or (b)(3), respectively. 

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1 ‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec2 tion shall be construed to relieve a State educational agen3 cy or local educational agency of any requirements relating 

4 to— 

5 ‘‘(1) use of Federal funds to supplement, not 

6 supplant, non-Federal funds; 

7 ‘‘(2) comparability of services; 

8 ‘‘(3) equitable participation of private school 

9 students and teachers; 

10 ‘‘(4) applicable civil rights requirements; 

11 ‘‘(5) subsections (a), (b), and (c) of section 

12 1113; or 

13 ‘‘(6) section 1111.’’. 

14 SEC. 104. SCHOOL IMPROVEMENT. 

15 Section 1003 (20 U.S.C. 6303) is amended— 

16 (1) in subsection (a)— 

17 (A) by striking ‘‘2 percent’’ and inserting 

18 ‘‘10 percent’’; and 

19 (B) by striking ‘‘subpart 2 of part A’’ and 

20 all that follows through ‘‘sections 1116 and 

21 1117,’’ and inserting ‘‘chapter B of subpart 1 

22 of part A for each fiscal year to carry out sub23 section (b),’’; 

24 (2) in subsection (b)(1), by striking ‘‘for schools 

25 identified for school improvement, corrective action, 

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1 and restructuring, for activities under section 

2 1116(b)’’ and inserting ‘‘to carry out the State’s 

3 system of school improvement under section 

4 1111(b)(3)(B)(iii)’’; 

5 (3) in subsection (c)— 

6 (A) in paragraph (1), by inserting ‘‘and’’ 

7 at the end; 

8 (B) in paragraph (2), by striking ‘‘need for 

9 such funds; and’’ and inserting ‘‘commitment to 

10 using such funds to improve such schools.’’; and 

11 (C) by striking paragraph (3); 

12 (4) in subsection (d)(1), by striking ‘‘subpart 2 

13 of part A;’’ and inserting ‘‘chapter B of subpart 1 

14 of part A;’’; 

15 (5) in subsection (e)— 

16 (A) by striking ‘‘in any fiscal year’’ and in17 serting ‘‘in fiscal year 2014 and each subse18 quent fiscal year’’; 

19 (B) by striking ‘‘subpart 2’’ and inserting 

20 ‘‘chapter B of subpart 1 of part A’’; and 

21 (C) by striking ‘‘such subpart’’ and insert22 ing ‘‘such chapter’’; 

23 (6) in subsection (f), by striking ‘‘and the per24 centage of students from each school from families 

25 with incomes below the poverty line’’; and 

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1 (7) by striking subsection (g). 

2 SEC. 105. STATE ADMINISTRATION. 

3 Section 1004 (20 U.S.C. 6304) is amended to read 

4 as follows: 

5 ‘‘SEC. 1004. STATE ADMINISTRATION. 

6 ‘‘(a) IN GENERAL.—Except as provided in subsection 

7 (b), to carry out administrative duties assigned under sub8 parts 1, 2, and 3 of part A of this title, each State may 

9 reserve the greater of— 

10 ‘‘(1) 1 percent of the amounts received under 

11 such subparts; or 

12 ‘‘(2) $400,000 ($50,000 in the case of each 

13 outlying area). 

14 ‘‘(b) EXCEPTION.—If the sum of the amounts re15 served under subparts 1, 2, and 3 of part A of this title 

16 is equal to or greater than $14,000,000,000, then the res17 ervation described in subsection (a)(1) shall not exceed 1 

18 percent of the amount the State would receive if 

19 $14,000,000,000 were allocated among the States for sub20 parts 1, 2, and 3 of part A of this title.’’. 

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1 Subtitle B—Improving the Aca2 demic Achievement of the Dis3 advantaged 

4 SEC. 111. PART A HEADINGS. 

5 (a) PART HEADING.—The part heading for part A 

6 of title I (20 U.S.C. 6311 et seq.) is amended to read 

7 as follows: 

8 ‘‘PART A—IMPROVING THE ACADEMIC 

9 ACHIEVEMENT OF THE DISADVANTAGED’’. 

10 (b) SUBPART 1 HEADING.—The Act is amended by 

11 striking the subpart heading for subpart 1 of part A of 

12 title I (20 U.S.C. 6311 et seq.) and inserting the following: 

13 ‘‘Subpart 1—Improving Basic Programs Operated by 

14 Local Educational Agencies 

15 ‘‘CHAPTER A—BASIC PROGRAM 

16 REQUIREMENTS’’. 

17 (c) SUBPART 2 HEADING.—The Act is amended by 

18 striking the subpart heading for subpart 2 of part A of 

19 title I (20 U.S.C. 6331 et seq.) and inserting the following: 

20 ‘‘CHAPTER B—ALLOCATIONS’’. 

21 SEC. 112. STATE PLANS. 

22 Section 1111 (20 U.S.C. 6311) is amended to read 

23 as follows: 

24 ‘‘SEC. 1111. STATE PLANS. 

25 ‘‘(a) PLANS REQUIRED.— 

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1 ‘‘(1) IN GENERAL.—For any State desiring to 

2 receive a grant under this subpart, the State edu3 cational agency shall submit to the Secretary a plan, 

4 developed by the State educational agency, in con5 sultation with local educational agencies, teachers, 

6 school leaders, specialized instructional support per7 sonnel, other appropriate school personnel, and par8 ents, that satisfies the requirements of this section 

9 and that is coordinated with other programs under 

10 this Act, the Individuals with Disabilities Education 

11 Act, the Carl D. Perkins Career and Technical Edu12 cation Act of 2006, the Head Start Act, the Adult 

13 Education and Family Literacy Act, and the McKin14 ney-Vento Homeless Assistance Act. 

15 ‘‘(2) CONSOLIDATED PLAN.—A State plan sub16 mitted under paragraph (1) may be submitted as 

17 part of a consolidated plan under section 5302. 

18 ‘‘(b) ACADEMIC STANDARDS, ACADEMIC ASSESS19 MENTS, AND STATE ACCOUNTABILITY.— 

20 ‘‘(1) ACADEMIC STANDARDS.— 

21 ‘‘(A) IN GENERAL.—Each State plan shall 

22 demonstrate that the State has adopted aca23 demic content standards and academic achieve24 ment standards aligned with such content 

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1 standards that comply with the requirements of 

2 this paragraph. 

3 ‘‘(B) SUBJECTS.—The State shall have 

4 such academic standards for mathematics and 

5 reading or language arts, and may have any 

6 other subject determined by the State. 

7 ‘‘(C) REQUIREMENTS.—The standards de8 scribed in subparagraph (A) shall— 

9 ‘‘(i) apply to all public schools and 

10 public school students in the State; and 

11 ‘‘(ii) with respect to academic achieve12 ment standards, include the same knowl13 edge, skills, and levels of achievement ex14 pected of all public school students in the 

15 State. 

16 ‘‘(D) ALTERNATE ACADEMIC ACHIEVE17 MENT STANDARDS.—Notwithstanding any other 

18 provision of this paragraph, a State may, 

19 through a documented and validated standards20 setting process, adopt alternate academic 

21 achievement standards for students with the 

22 most significant cognitive disabilities, if— 

23 ‘‘(i) the determination about whether 

24 the achievement of an individual student 

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1 should be measured against such standards 

2 is made separately for each student; and 

3 ‘‘(ii) such standards— 

4 ‘‘(I) are aligned with the State 

5 academic standards required under 

6 subparagraph (A); 

7 ‘‘(II) promote access to the gen8 eral curriculum; and 

9 ‘‘(III) reflect professional judg10 ment as to the highest possible stand11 ards achievable by such students. 

12 ‘‘(E) ENGLISH LANGUAGE PROFICIENCY

13 STANDARDS.—Each State plan shall describe 

14 how the State educational agency will establish 

15 English language proficiency standards that 

16 are— 

17 ‘‘(i) derived from the four recognized 

18 domains of speaking, listening, reading, 

19 and writing; and 

20 ‘‘(ii) aligned with the State’s academic 

21 content standards in reading or language 

22 arts under subparagraph (A). 

23 ‘‘(2) ACADEMIC ASSESSMENTS.— 

24 ‘‘(A) IN GENERAL.—Each State plan shall 

25 demonstrate that the State educational agency, 

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1 in consultation with local educational agencies, 

2 has implemented a set of high-quality student 

3 academic assessments in mathematics and read4 ing or language arts, and may have any other 

5 subject chosen by the State. 

6 ‘‘(B) REQUIREMENTS.—Such assessments 

7 shall— 

8 ‘‘(i) be used in determining the per9 formance of each local educational agency 

10 and public school in the State in accord11 ance with the State’s accountability system 

12 under paragraph (3); 

13 ‘‘(ii) be the same academic assess14 ments used to measure the academic 

15 achievement of all public school students in 

16 the State; 

17 ‘‘(iii) be aligned with the State’s aca18 demic standards and provide coherent and 

19 timely information about student attain20 ment of such standards; 

21 ‘‘(iv) be used for purposes for which 

22 such assessments are valid and reliable, be 

23 of adequate technical quality for each pur24 pose required under this Act, and be conmstockstill on DSK4VPTVN1PROD with BILLS

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1 sistent with relevant, nationally recognized 

2 professional and technical standards; 

3 ‘‘(v)(I) in the case of mathematics 

4 and reading, be administered in each of 

5 grades 3 through 8 and at least once in 

6 grades 9 through 12; 

7 ‘‘(II) in the case of any other subject 

8 chosen by the State, be administered at the 

9 discretion of the State; 

10 ‘‘(vi) measure individual student aca11 demic proficiency and growth; 

12 ‘‘(vii) at the State’s discretion— 

13 ‘‘(I) be administered through a 

14 single annual summative assessment; 

15 or 

16 ‘‘(II) be administered through 

17 multiple assessments during the 

18 course of the academic year that re19 sult in a single summative score that 

20 provides valid, reliable, and trans21 parent information on student 

22 achievement; 

23 ‘‘(viii) include measures that assess 

24 higher-order thinking skills and under25 standing; 

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1 ‘‘(ix) provide for— 

2 ‘‘(I) the participation in such as3 sessments of all students; 

4 ‘‘(II) the reasonable adaptations 

5 and accommodations for students with 

6 disabilities necessary to measure the 

7 academic achievement of such stu8 dents relative to the State’s academic 

9 standards; and 

10 ‘‘(III) the inclusion of English 

11 learners, who shall be assessed in a 

12 valid and reliable manner and pro13 vided reasonable accommodations, in14 cluding, to the extent practicable, as15 sessments in the language and form 

16 most likely to yield accurate and reli17 able information on what such stu18 dents know and can do in academic 

19 content areas, until such students 

20 have achieved English language pro21 ficiency, as assessed by the State 

22 under subparagraph (D); 

23 ‘‘(x) notwithstanding clause (ix)(III), 

24 provide for the assessment of reading or 

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1 ers who have attended school in the United 

2 States (not including Puerto Rico) for 3 or 

3 more consecutive school years, except that 

4 a local educational agency may, on a case5 by-case basis, provide for the assessment of 

6 reading or language arts for each such stu7 dent in a language other than English for 

8 a period not to exceed 2 additional con9 secutive years if the assessment would be 

10 more likely to yield accurate and reliable 

11 information on what such student knows 

12 and can do, provided that such student has 

13 not yet reached a level of English language 

14 proficiency sufficient to yield valid and reli15 able information on what such student 

16 knows and can do on reading or language 

17 arts assessments written in English; 

18 ‘‘(xi) produce individual student inter19 pretive, descriptive, and diagnostic reports 

20 that allow parents, teachers, and school 

21 leaders to understand and address the spe22 cific academic needs of students, and in23 clude information regarding achievement 

24 on academic assessments, and that are 

25 provided to parents, teachers, and school 

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1 leaders, as soon as is practicable after the 

2 assessment is given, in an understandable 

3 and uniform format, and to the extent 

4 practicable, in a language that parents can 

5 understand; 

6 ‘‘(xii) enable results to be 

7 disaggregated within each State, local edu8 cational agency, and school by gender, by 

9 each major racial and ethnic group, by 

10 English language proficiency status, by mi11 grant status, by status as a student with 

12 a disability, and by economically disadvan13 taged status, except that, in the case of a 

14 local educational agency or a school, such 

15 disaggregation shall not be required in a 

16 case in which the number of students in a 

17 category is insufficient to yield statistically 

18 reliable information or the results would 

19 reveal personally identifiable information 

20 about an individual student; and 

21 ‘‘(xiii) be administered to not less 

22 than 95 percent of all students, and not 

23 less than 95 percent of each subgroup of 

24 students described in paragraph 

25 (3)(B)(ii)(II). 

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1 ‘‘(C) ALTERNATE ASSESSMENTS.—A State 

2 may provide for alternate assessments aligned 

3 with the alternate academic standards adopted 

4 in accordance with paragraph (1)(D), for stu5 dents with the most significant cognitive dis6 abilities, if the State— 

7 ‘‘(i) establishes and monitors imple8 mentation of clear and appropriate guide9 lines for individualized education program 

10 teams (as defined in section 614(d)(1)(B) 

11 of the Individuals with Disabilities Edu12 cation Act) to apply when determining 

13 when a child’s significant cognitive dis14 ability justifies assessment based on alter15 nate achievement standards; 

16 ‘‘(ii) ensures that the parents of such 

17 students are informed that— 

18 ‘‘(I) their child’s academic 

19 achievement will be measured against 

20 such alternate standards; and 

21 ‘‘(II) whether participation in 

22 such assessments precludes the stu23 dent from completing the require24 ments for a regular high school di25 ploma, as determined by the State; 

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1 ‘‘(iii) demonstrates that such students 

2 are, to the extent practicable, included in 

3 the general curriculum and that such alter4 nate assessments are aligned with such 

5 curriculum; 

6 ‘‘(iv) develops, disseminates informa7 tion about, and promotes the use of appro8 priate accommodations to increase the 

9 number of students with disabilities who 

10 are tested against academic achievement 

11 standards for the grade in which a student 

12 is enrolled; and 

13 ‘‘(v) ensures that regular and special 

14 education teachers and other appropriate 

15 staff know how to administer the alternate 

16 assessments, including making appropriate 

17 use of accommodations for students with 

18 disabilities. 

19 ‘‘(D) ASSESSMENTS OF ENGLISH LAN20 GUAGE PROFICIENCY.— 

21 ‘‘(i) IN GENERAL.—Each State plan 

22 shall demonstrate that local educational 

23 agencies in the State will provide for an 

24 annual assessment of English proficiency 

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1 of all English learners in the schools 

2 served by the State educational agency. 

3 ‘‘(ii) ALIGNMENT.—The assessments 

4 described in clause (i) shall be aligned with 

5 the State’s English language proficiency 

6 standards described in paragraph (1)(E). 

7 ‘‘(E) LANGUAGE ASSESSMENTS.—Each 

8 State plan shall identify the languages other 

9 than English that are present in the partici10 pating student population and indicate the lan11 guages for which yearly student academic as12 sessments are not available and are needed. 

13 The State shall make every effort to develop 

14 such assessments and may request assistance 

15 from the Secretary if linguistically accessible 

16 academic assessment measures are needed. 

17 Upon request, the Secretary shall assist with 

18 the identification of appropriate academic as19 sessment measures in the needed languages, but 

20 shall not mandate a specific academic assess21 ment or mode of instruction. 

22 ‘‘(F) ADAPTIVE ASSESSMENTS.—A State 

23 may develop and administer computer adaptive 

24 assessments as the assessments required under 

25 subparagraph (A). If a State develops and admstockstill on DSK4VPTVN1PROD with BILLS

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1 ministers a computer adaptive assessment for 

2 such purposes, the assessment shall meet the 

3 requirements of this paragraph, except as fol4 lows: 

5 ‘‘(i) Notwithstanding subparagraph 

6 (B)(iii), the assessment shall measure, at a 

7 minimum, each student’s academic pro8 ficiency against the State’s academic 

9 standards for the student’s grade level and 

10 growth toward such standards, and, if the 

11 State chooses, may be used to measure the 

12 student’s level of performance using as13 sessment items above or below the stu14 dent’s grade level. 

15 ‘‘(ii) Subparagraph (B)(ii) shall not 

16 be interpreted to require that all students 

17 taking the computer adaptive assessment 

18 be administered the same assessment 

19 items. 

20 ‘‘(3) STATE ACCOUNTABILITY SYSTEMS.— 

21 ‘‘(A) IN GENERAL.—Each State plan shall 

22 demonstrate that the State has developed and is 

23 implementing a single, statewide accountability 

24 system to ensure that all public school students 

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1 ondary education or the workforce without the 

2 need for remediation. 

3 ‘‘(B) ELEMENTS.—Each State account4 ability system described in subparagraph (A) 

5 shall at a minimum— 

6 ‘‘(i) annually measure the academic 

7 achievement of all public school students in 

8 the State against the State’s academic 

9 standards adopted under paragraph (1), 

10 which may include measures of student 

11 growth toward such standards, using the 

12 assessments described in paragraph (2) 

13 and other valid and reliable academic indi14 cators related to student achievement as 

15 identified by the State; 

16 ‘‘(ii) annually evaluate and identify 

17 the academic performance of each public 

18 school in the State based on— 

19 ‘‘(I) student academic achieve20 ment as measured in accordance with 

21 clause (i); and 

22 ‘‘(II) the overall performance, 

23 and achievement gaps as compared to 

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1 dents from major racial and ethnic 

2 groups, students with disabilities, and 

3 English learners, except that 

4 disaggregation of data under this sub5 clause shall not be required in a case 

6 in which the number of students in a 

7 category is insufficient to yield statis8 tically reliable information or the re9 sults would reveal personally identifi10 able information about an individual 

11 student; and 

12 ‘‘(iii) include a system for school im13 provement for low-performing public 

14 schools receiving funds under this subpart 

15 that— 

16 ‘‘(I) implements interventions in 

17 such schools that are designed to ad18 dress such schools’ weaknesses; and 

19 ‘‘(II) is implemented by local 

20 educational agencies serving such 

21 schools. 

22 ‘‘(C) PROHIBITION.—Nothing in this sec23 tion shall be construed to permit the Secretary 

24 to establish any criteria that specifies, defines, 

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1 ability system developed and implemented in ac2 cordance with this paragraph. 

3 ‘‘(D) ACCOUNTABILITY FOR CHARTER

4 SCHOOLS.—The accountability provisions under 

5 this Act shall be overseen for charter schools in 

6 accordance with State charter school law. 

7 ‘‘(4) REQUIREMENTS.—Each State plan shall 

8 describe— 

9 ‘‘(A) how the State educational agency will 

10 assist each local educational agency and each 

11 public school affected by the State plan to com12 ply with the requirements of this subpart; and 

13 ‘‘(B) how the State educational agency will 

14 ensure that the results of the State assessments 

15 described in paragraph (2), the other indicators 

16 selected by the State under paragraph 

17 (3)(B)(i), and the school evaluations described 

18 in paragraph (3)(B)(ii), will be promptly pro19 vided to local educational agencies, schools, 

20 teachers, and parents in a manner that is clear 

21 and easy to understand, but not later than be22 fore the beginning of the school year following 

23 the school year in which such assessments, 

24 other indicators, or evaluations are taken or 

25 completed. 

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1 ‘‘(5) TIMELINE FOR IMPLEMENTATION.—Each 

2 State plan shall describe the process by which the 

3 State will adopt and implement the State academic 

4 standards, assessments, and accountability system 

5 required under this section within 2 years of enact6 ment of the Student Success Act. 

7 ‘‘(6) EXISTING STANDARDS.—Nothing in this 

8 subpart shall prohibit a State from revising, con9 sistent with this section, any standard adopted 

10 under this section before or after the date of enact11 ment of the Student Success Act. 

12 ‘‘(c) OTHER PROVISIONS TO SUPPORT TEACHING

13 AND LEARNING.—Each State plan shall contain assur14 ances that— 

15 ‘‘(1) the State will notify local educational 

16 agencies, schools, teachers, parents, and the public 

17 of the academic standards, academic assessments, 

18 and State accountability system developed and im19 plemented under this section; 

20 ‘‘(2) the State will participate in biennial State 

21 academic assessments of 4th and 8th grade reading 

22 and mathematics under the National Assessment of 

23 Educational Progress carried out under section 

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1 cational Progress Authorization Act if the Secretary 

2 pays the costs of administering such assessments; 

3 ‘‘(3) the State educational agency will notify 

4 local educational agencies and the public of the au5 thority to operate schoolwide programs; 

6 ‘‘(4) the State educational agency will provide 

7 the least restrictive and burdensome regulations for 

8 local educational agencies and individual schools par9 ticipating in a program assisted under this subpart; 

10 ‘‘(5) the State educational agency will encour11 age schools to consolidate funds from other Federal, 

12 State, and local sources for schoolwide reform in 

13 schoolwide programs under section 1114; 

14 ‘‘(6) the State educational agency will modify or 

15 eliminate State fiscal and accounting barriers so 

16 that schools can easily consolidate funds from other 

17 Federal, State, and local sources for schoolwide pro18 grams under section 1114; and 

19 ‘‘(7) the State educational agency will inform 

20 local educational agencies in the State of the local 

21 educational agency’s authority to transfer funds 

22 under section 1002 and to obtain waivers under sec23 tion 5401; 

24 ‘‘(d) PARENTAL INVOLVEMENT.—Each State plan 

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1 port the collection and dissemination to local educational 

2 agencies and schools of effective parental involvement 

3 practices. Such practices shall— 

4 ‘‘(1) be based on the most current research that 

5 meets the highest professional and technical stand6 ards on effective parental involvement that fosters 

7 achievement to high standards for all children; 

8 ‘‘(2) be geared toward lowering barriers to 

9 greater participation by parents in school planning, 

10 review, and improvement; and 

11 ‘‘(3) be coordinated with programs funded 

12 under subpart 3 of part A of title III. 

13 ‘‘(e) PEER REVIEW AND SECRETARIAL APPROVAL.— 

14 ‘‘(1) ESTABLISHMENT.—Notwithstanding sec15 tion 5534, the Secretary shall— 

16 ‘‘(A) establish a peer-review process to as17 sist in the review of State plans; and 

18 ‘‘(B) appoint individuals to the peer-review 

19 process who are representative of parents, 

20 teachers, State educational agencies, and local 

21 educational agencies, and who are familiar with 

22 educational standards, assessments, account23 ability, the needs of low-performing schools, and 

24 other educational needs of students. 

25 ‘‘(2) APPROVAL.—The Secretary shall— 

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1 ‘‘(A) approve a State plan within 120 days 

2 of its submission; 

3 ‘‘(B) disapprove of the State plan only if 

4 the Secretary demonstrates how the State plan 

5 fails to meet the requirements of this section 

6 and immediately notifies the State of such de7 termination and the reasons for such deter8 mination; 

9 ‘‘(C) not decline to approve a State’s plan 

10 before— 

11 ‘‘(i) offering the State an opportunity 

12 to revise its plan; 

13 ‘‘(ii) providing technical assistance in 

14 order to assist the State to meet the re15 quirements of this section; and 

16 ‘‘(iii) providing a hearing; and 

17 ‘‘(D) have the authority to disapprove a 

18 State plan for not meeting the requirements of 

19 this subpart, but shall not have the authority to 

20 require a State, as a condition of approval of 

21 the State plan, to include in, or delete from, 

22 such plan one or more specific elements of the 

23 State’s academic standards or State account24 ability system, or to use specific academic as25 sessments or other indicators. 

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1 ‘‘(3) STATE REVISIONS.—A State plan shall be 

2 revised by the State educational agency if it is nec3 essary to satisfy the requirements of this section. 

4 ‘‘(4) PUBLIC REVIEW.—All communications, 

5 feedback, and notifications under this subsection 

6 shall be conducted in a manner that is immediately 

7 made available to the public through the website of 

8 the Department, including— 

9 ‘‘(A) State plans submitted or resubmitted 

10 by a State, including the current approved 

11 plans; 

12 ‘‘(B) peer review comments; 

13 ‘‘(C) State plan determinations by the Sec14 retary, including approvals or disapprovals; and 

15 ‘‘(D) hearings. 

16 ‘‘(f) DURATION OF THE PLAN.— 

17 ‘‘(1) IN GENERAL.—Each State plan shall— 

18 ‘‘(A) remain in effect for the duration of 

19 the State’s participation under this subpart; 

20 and 

21 ‘‘(B) be periodically reviewed and revised 

22 as necessary by the State educational agency to 

23 reflect changes in the State’s strategies and 

24 programs under this subpart. 

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1 ‘‘(2) ADDITIONAL INFORMATION.—If a State 

2 makes significant changes to its State plan, such as 

3 the adoption of new State academic standards or 

4 new academic assessments, or adopts a new State 

5 accountability system, such information shall be sub6 mitted to the Secretary under subsection (e)(2) for 

7 approval. 

8 ‘‘(g) FAILURE TO MEET REQUIREMENTS.—If a State 

9 fails to meet any of the requirements of this section then 

10 the Secretary shall withhold funds for State administra11 tion under this subpart until the Secretary determines 

12 that the State has fulfilled those requirements. 

13 ‘‘(h) REPORTS.— 

14 ‘‘(1) ANNUAL STATE REPORT CARD.— 

15 ‘‘(A) IN GENERAL.—A State that receives 

16 assistance under this subpart shall prepare and 

17 disseminate an annual State report card. Such 

18 dissemination shall include, at a minimum, pub19 licly posting the report card on the home page 

20 of the State educational agency’s website. 

21 ‘‘(B) IMPLEMENTATION.—The State report 

22 card shall be— 

23 ‘‘(i) concise; and 

24 ‘‘(ii) presented in an understandable 

25 and uniform format that is developed in 

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1 consultation with parents and, to the ex2 tent practicable, provided in a language 

3 that parents can understand. 

4 ‘‘(C) REQUIRED INFORMATION.—The 

5 State shall include in its annual State report 

6 card information on— 

7 ‘‘(i) the performance of students, in 

8 the aggregate and disaggregated by the 

9 categories of students described in sub10 section (b)(2)(B)(xii) (except that such 

11 disaggregation shall not be required in a 

12 case in which the number of students in a 

13 category is insufficient to yield statistically 

14 reliable information or the results would 

15 reveal personally identifiable information 

16 about an individual student), on the State 

17 academic assessments described in sub18 section (b)(2); 

19 ‘‘(ii) the participation rate on such as20 sessments, in the aggregate and 

21 disaggregated in accordance with clause 

22 (i)); 

23 ‘‘(iii) the performance of students, in 

24 the aggregate and disaggregated in accord25 ance with clause (i), on other academic inmstockstill on DSK4VPTVN1PROD with BILLS

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1 dicators described in subsection 

2 (b)(3)(B)(i); 

3 ‘‘(iv) for each public high school in 

4 the State, the four-year adjusted cohort 

5 graduation rate, and, at the State’s discre6 tion, the extended-year adjusted cohort 

7 graduation rate, calculated— 

8 ‘‘(I) for students graduating in 5 

9 years or less and 6 years or less (re10 ported separately); and 

11 ‘‘(II) in the aggregate and 

12 disaggregated in accordance with 

13 clause (i); 

14 ‘‘(v) each public school’s evaluation 

15 results as determined in accordance with 

16 subsection (b)(3)(B)(ii); 

17 ‘‘(vi) the acquisition of English pro18 ficiency by English learners; 

19 ‘‘(vii) information on the results of 

20 teacher evaluations conducted in accord21 ance with section 2123(1); and 

22 ‘‘(viii) the results of the assessments 

23 described in subsection (c)(2). 

24 ‘‘(D) OPTIONAL INFORMATION.—The State 

25 may include in its annual State report card 

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1 such other information as the State believes will 

2 best provide parents, students, and other mem3 bers of the public with information regarding 

4 the progress of each of the State’s public ele5 mentary schools and public secondary schools. 

6 ‘‘(2) ANNUAL LOCAL EDUCATIONAL AGENCY

7 REPORT CARDS.— 

8 ‘‘(A) IN GENERAL.—A local educational 

9 agency that receives assistance under this sub10 part shall prepare and disseminate an annual 

11 local educational agency report card. 

12 ‘‘(B) MINIMUM REQUIREMENTS.—The 

13 State educational agency shall ensure that each 

14 local educational agency collects appropriate 

15 data and includes in the local educational agen16 cy’s annual report the information described in 

17 paragraph (1)(C) as applied to the local edu18 cational agency and each school served by the 

19 local educational agency, and— 

20 ‘‘(i) in the case of a local educational 

21 agency, information that shows how stu22 dents served by the local educational agen23 cy achieved on the statewide academic as24 sessment and other academic indicators 

25 adopted in accordance with subsection 

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1 (b)(3)(B)(i) compared to students in the 

2 State as a whole; and 

3 ‘‘(ii) in the case of a school, the 

4 school’s evaluation under subsection 

5 (b)(3)(B)(ii). 

6 ‘‘(C) OTHER INFORMATION.—A local edu7 cational agency may include in its annual local 

8 educational agency report card any other appro9 priate information, whether or not such infor10 mation is included in the annual State report 

11 card. 

12 ‘‘(D) DATA.—A local educational agency 

13 or school shall only include in its annual local 

14 educational agency report card data that are 

15 sufficient to yield statistically reliable informa16 tion, as determined by the State, and that do 

17 not reveal personally identifiable information 

18 about an individual student. 

19 ‘‘(E) PUBLIC DISSEMINATION.—The local 

20 educational agency shall publicly disseminate 

21 the information described in this paragraph to 

22 all schools served by the local educational agen23 cy and to all parents of students attending 

24 those schools in an understandable and uniform 

25 format, and, to the extent practicable, in a lanmstockstill on DSK4VPTVN1PROD with BILLS

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1 guage that parents can understand, and make 

2 the information widely available through public 

3 means, such as posting on the Internet, dis4 tribution to the media, and distribution through 

5 public agencies, except that if a local edu6 cational agency issues a report card for all stu7 dents, the local educational agency may include 

8 the information under this section as part of 

9 such report. 

10 ‘‘(3) PREEXISTING REPORT CARDS.—A State 

11 educational agency or local educational agency may 

12 use public report cards on the performance of stu13 dents, schools, local educational agencies, or the 

14 State, that were in effect prior to the enactment of 

15 the Student Success Act for the purpose of this sub16 section, so long as any such report card is modified, 

17 as may be needed, to contain the information re18 quired by this subsection. 

19 ‘‘(4) PARENTS RIGHT-TO-KNOW.— 

20 ‘‘(A) ACHIEVEMENT INFORMATION.—At 

21 the beginning of each school year, a school that 

22 receives funds under this subpart shall provide 

23 to each individual parent information on the 

24 level of achievement of the parent’s child in 

25 each of the State academic assessments and 

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1 other academic indicators adopted in accord2 ance with this subpart. 

3 ‘‘(B) FORMAT.—The notice and informa4 tion provided to parents under this paragraph 

5 shall be in an understandable and uniform for6 mat and, to the extent practicable, provided in 

7 a language that the parents can understand. 

8 ‘‘(i) PRIVACY.—Information collected under this sec9 tion shall be collected and disseminated in a manner that 

10 protects the privacy of individuals consistent with section 

11 444 of the General Education Provisions Act. 

12 ‘‘(j) VOLUNTARY PARTNERSHIPS.—A State may 

13 enter into a voluntary partnership with another State to 

14 develop and implement the academic assessments and 

15 standards required under this section, except that the Sec16 retary shall not attempt to influence, incentivize, or coerce 

17 State participation in any such partnerships. 

18 ‘‘(k) CONSTRUCTION.—Nothing in this part shall be 

19 construed to prescribe the use of the academic assess20 ments described in this part for student promotion or 

21 graduation purposes. 

22 ‘‘(l) SPECIAL RULE WITH RESPECT TO BUREAU23 FUNDED SCHOOLS.—In determining the assessments to be 

24 used by each school operated or funded by the Bureau 

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1 of Indian Education receiving funds under this subpart, 

2 the following shall apply: 

3 ‘‘(1) Each such school that is accredited by the 

4 State in which it is operating shall use the assess5 ments and other academic indicators the State has 

6 developed and implemented to meet the require7 ments of this section, or such other appropriate as8 sessment and academic indicators as approved by 

9 the Secretary of the Interior. 

10 ‘‘(2) Each such school that is accredited by a 

11 regional accrediting organization shall adopt an ap12 propriate assessment and other academic indicators, 

13 in consultation with and with the approval of, the 

14 Secretary of the Interior and consistent with assess15 ments and academic indicators adopted by other 

16 schools in the same State or region, that meet the 

17 requirements of this section. 

18 ‘‘(3) Each such school that is accredited by a 

19 tribal accrediting agency or tribal division of edu20 cation shall use an assessment and other academic 

21 indicators developed by such agency or division, ex22 cept that the Secretary of the Interior shall ensure 

23 that such assessment and academic indicators meet 

24 the requirements of this section.’’. 

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1 SEC. 113. LOCAL EDUCATIONAL AGENCY PLANS. 

2 Section 1112 (20 U.S.C. 6312) is amended to read 

3 as follows: 

4 ‘‘SEC. 1112. LOCAL EDUCATIONAL AGENCY PLANS. 

5 ‘‘(a) PLANS REQUIRED.— 

6 ‘‘(1) SUBGRANTS.—A local educational agency 

7 may receive a subgrant under this subpart for any 

8 fiscal year only if such agency has on file with the 

9 State educational agency a plan, approved by the 

10 State educational agency, that is coordinated with 

11 other programs under this Act, the Individuals with 

12 Disabilities Education Act, the Carl D. Perkins Ca13 reer and Technical Education Act of 2006, the 

14 McKinney-Vento Homeless Assistance Act, and 

15 other Acts, as appropriate. 

16 ‘‘(2) CONSOLIDATED APPLICATION.—The plan 

17 may be submitted as part of a consolidated applica18 tion under section 5302. 

19 ‘‘(b) PLAN PROVISIONS.—Each local educational 

20 agency plan shall describe— 

21 ‘‘(1) how the local educational agency will mon22 itor, in addition to the State assessments described 

23 in section 1111(b)(2), students’ progress in meeting 

24 the State’s academic standards; 

25 ‘‘(2) how the local educational agency will iden26 tify quickly and effectively those students who may 

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1 be at risk of failing to meet the State’s academic 

2 standards; 

3 ‘‘(3) how the local educational agency will pro4 vide the additional educational assistance to indi5 vidual students in need of additional help in meeting 

6 the State’s academic standards; 

7 ‘‘(4) how the local educational agency will im8 plement the school improvement system described in 

9 section 1111(b)(3)(B)(iii) for any of the agency’s 

10 schools identified under such section; 

11 ‘‘(5) how the local educational agency will co12 ordinate programs under this subpart with other 

13 programs under this Act and other Acts, as appro14 priate; 

15 ‘‘(6) the poverty criteria that will be used to se16 lect school attendance areas under section 1113; 

17 ‘‘(7) how teachers, in consultation with parents, 

18 administrators, and specialized instructional support 

19 personnel, in targeted assistance schools under sec20 tion 1115, will identify the eligible children most in 

21 need of services under this subpart; 

22 ‘‘(8) in general, the nature of the programs to 

23 be conducted by the local educational agency’s 

24 schools under sections 1114 and 1115, and, where 

25 appropriate, educational services outside such 

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1 schools for children living in local institutions for ne2 glected and delinquent children, and for neglected 

3 and delinquent children in community day school 

4 programs; 

5 ‘‘(9) how the local educational agency will en6 sure that migratory children who are eligible to re7 ceive services under this subpart are selected to re8 ceive such services on the same basis as other chil9 dren who are selected to receive services under this 

10 subpart; 

11 ‘‘(10) the services the local educational agency 

12 will provide homeless children, including services 

13 provided with funds reserved under section 

14 1113(c)(3)(A); 

15 ‘‘(11) the strategy the local educational agency 

16 will use to implement effective parental involvement 

17 under section 1118; 

18 ‘‘(12) if appropriate, how the local educational 

19 agency will use funds under this subpart to support 

20 preschool programs for children, particularly chil21 dren participating in a Head Start program, which 

22 services may be provided directly by the local edu23 cational agency or through a subcontract with the 

24 local Head Start agency designated by the Secretary 

25 of Health and Human Services under section 641 of 

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1 the Head Start Act, or another comparable early 

2 childhood development program; 

3 ‘‘(13) how the local educational agency, through 

4 incentives for voluntary transfers, the provision of 

5 professional development, recruitment programs, in6 centive pay, performance pay, or other effective 

7 strategies, will address disparities in the rates of 

8 low-income and minority students and other stu9 dents being taught by ineffective teachers; and 

10 ‘‘(14) if appropriate, how the local educational 

11 agency will use funds under this subpart to support 

12 programs that coordinate and integrate— 

13 ‘‘(A) career and technical education 

14 aligned with State technical standards that pro15 mote skills attainment important to in-demand 

16 occupations or industries in the State and the 

17 State’s academic standards under section 

18 1111(b)(1); and 

19 ‘‘(B) work-based learning opportunities 

20 that provide students in-depth interaction with 

21 industry professionals. 

22 ‘‘(c) ASSURANCES.—Each local educational agency 

23 plan shall provide assurances that the local educational 

24 agency will— 

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1 ‘‘(1) participate, if selected, in biennial State 

2 academic assessments of 4th and 8th grade reading 

3 and mathematics under the National Assessment of 

4 Educational Progress carried out under section 

5 303(b)(2) of the National Assessment of Edu6 cational Progress Authorization Act; 

7 ‘‘(2) inform schools of schoolwide program au8 thority and the ability to consolidate funds from 

9 Federal, State, and local sources; 

10 ‘‘(3) provide technical assistance to schoolwide 

11 programs; 

12 ‘‘(4) provide services to eligible children attend13 ing private elementary and secondary schools in ac14 cordance with section 1120, and timely and mean15 ingful consultation with private school officials or 

16 representatives regarding such services; 

17 ‘‘(5) in the case of a local educational agency 

18 that chooses to use funds under this subpart to pro19 vide early childhood development services to low-in20 come children below the age of compulsory school at21 tendance, ensure that such services comply with the 

22 performance standards established under section 

23 641A(a) of the Head Start Act; 

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1 ‘‘(6) inform eligible schools of the local edu2 cational agency’s authority to request waivers on the 

3 school’s behalf under Title V; and 

4 ‘‘(7) ensure that the results of the academic as5 sessments required under section 1111(b)(2) will be 

6 provided to parents and teachers as soon as is prac7 ticably possible after the test is taken, in an under8 standable and uniform format and, to the extent 

9 practicable, provided in a language that the parents 

10 can understand. 

11 ‘‘(d) SPECIAL RULE.—In carrying out subsection 

12 (c)(5), the Secretary shall— 

13 ‘‘(1) consult with the Secretary of Health and 

14 Human Services and shall establish procedures (tak15 ing into consideration existing State and local laws, 

16 and local teacher contracts) to assist local edu17 cational agencies to comply with such subparagraph; 

18 and 

19 ‘‘(2) disseminate to local educational agencies 

20 the education performance standards in effect under 

21 section 641A(a)(1)(B) of the Head Start Act, and 

22 such agencies affected by such subsection shall plan 

23 for the implementation of such subsection (taking 

24 into consideration existing State and local laws, and 

25 local teacher contracts). 

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1 ‘‘(e) PLAN DEVELOPMENT AND DURATION.— 

2 ‘‘(1) CONSULTATION.—Each local educational 

3 agency plan shall be developed in consultation with 

4 teachers, school leaders, administrators, and other 

5 appropriate school personnel, and with parents of 

6 children in schools served under this subpart. 

7 ‘‘(2) DURATION.—Each such plan shall be sub8 mitted for the first year for which this part is in ef9 fect following the date of enactment of this Act and 

10 shall remain in effect for the duration of the agen11 cy’s participation under this subpart. 

12 ‘‘(3) REVIEW.—Each local educational agency 

13 shall periodically review and, as necessary, revise its 

14 plan. 

15 ‘‘(f) STATE APPROVAL.— 

16 ‘‘(1) IN GENERAL.—Each local educational 

17 agency plan shall be filed according to a schedule es18 tablished by the State educational agency. 

19 ‘‘(2) APPROVAL.—The State educational agency 

20 shall approve a local educational agency’s plan only 

21 if the State educational agency determines that the 

22 local educational agency’s plan— 

23 ‘‘(A) enables schools served under this sub24 part to substantially help children served under 

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1 this subpart to meet the State’s academic 

2 standards described in section 1111(b)(1); and 

3 ‘‘(B) meets the requirements of this sec4 tion. 

5 ‘‘(3) REVIEW.—The State educational agency 

6 shall review the local educational agency’s plan to 

7 determine if such agency’s activities are in accord8 ance with section 1118. 

9 ‘‘(g) PARENTAL NOTIFICATION.— 

10 ‘‘(1) IN GENERAL.— 

11 ‘‘(A) NOTICE.—Each local educational 

12 agency using funds under this subpart and sub13 part 4 to provide a language instruction edu14 cational program shall, not later than 30 days 

15 after the beginning of the school year, inform 

16 parents of an English learner identified for par17 ticipation, or participating in, such a program 

18 of— 

19 ‘‘(i) the reasons for the identification 

20 of their child as an English learner and in 

21 need of placement in a language instruc22 tion educational program; 

23 ‘‘(ii) the child’s level of English pro24 ficiency, how such level was assessed, and 

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1 the status of the child’s academic achieve2 ment; 

3 ‘‘(iii) the methods of instruction used 

4 in the program in which their child is, or 

5 will be participating, and the methods of 

6 instruction used in other available pro7 grams, including how such programs differ 

8 in content, instructional goals, and the use 

9 of English and a native language in in10 struction; 

11 ‘‘(iv) how the program in which their 

12 child is, or will be participating, will meet 

13 the educational strengths and needs of 

14 their child; 

15 ‘‘(v) how such program will specifi16 cally help their child learn English, and 

17 meet age-appropriate academic achieve18 ment standards for grade promotion and 

19 graduation; 

20 ‘‘(vi) the specific exit requirements for 

21 the program, including the expected rate of 

22 transition from such program into class23 rooms that are not tailored for English 

24 learners, and the expected rate of gradua25 tion from high school for such program if 

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1 funds under this subpart are used for chil2 dren in secondary schools; 

3 ‘‘(vii) in the case of a child with a dis4 ability, how such program meets the objec5 tives of the individualized education pro6 gram of the child; 

7 ‘‘(viii) information pertaining to pa8 rental rights that includes written guid9 ance— 

10 ‘‘(I) detailing— 

11 ‘‘(aa) the right that parents 

12 have to have their child imme13 diately removed from such pro14 gram upon their request; and 

15 ‘‘(bb) the options that par16 ents have to decline to enroll 

17 their child in such program or to 

18 choose another program or meth19 od of instruction, if available; and 

20 ‘‘(II) assisting parents in select21 ing among various programs and 

22 methods of instruction, if more than 

23 one program or method is offered by 

24 the eligible entity. 

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1 ‘‘(2) NOTICE.—The notice and information pro2 vided in paragraph (1) to parents of a child identi3 fied for participation in a language instruction edu4 cational program for English learners shall be in an 

5 understandable and uniform format and, to the ex6 tent practicable, provided in a language that the 

7 parents can understand. 

8 ‘‘(3) SPECIAL RULE APPLICABLE DURING THE

9 SCHOOL YEAR.—For those children who have not 

10 been identified as English learners prior to the be11 ginning of the school year the local educational 

12 agency shall notify parents within the first 2 weeks 

13 of the child being placed in a language instruction 

14 educational program consistent with paragraphs (1) 

15 and (2). 

16 ‘‘(4) PARENTAL PARTICIPATION.—Each local 

17 educational agency receiving funds under this sub18 part shall implement an effective means of outreach 

19 to parents of English learners to inform the parents 

20 regarding how the parents can be involved in the 

21 education of their children, and be active partici22 pants in assisting their children to attain English 

23 proficiency, achieve at high levels in core academic 

24 subjects, and meet the State’s academic standards 

25 expected of all students, including holding, and sendmstockstill on DSK4VPTVN1PROD with BILLS

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1 ing notice of opportunities for, regular meetings for 

2 the purpose of formulating and responding to rec3 ommendations from parents of students assisted 

4 under this subpart. 

5 ‘‘(5) BASIS FOR ADMISSION OR EXCLUSION.—A 

6 student shall not be admitted to, or excluded from, 

7 any federally assisted education program on the 

8 basis of a surname or language-minority status.’’. 

9 SEC. 114. ELIGIBLE SCHOOL ATTENDANCE AREAS. 

10 Section 1113 (20 U.S.C. 6313) is amended— 

11 (1) by striking ‘‘part’’ each place it appears and 

12 inserting ‘‘subpart’’; and 

13 (2) in subsection (c)(4)— 

14 (A) by striking ‘‘subpart 2’’ and inserting 

15 ‘‘Chapter B’’; and 

16 (B) by striking ‘‘school improvement, cor17 rective action, and restructuring under section 

18 1116(b)’’ and inserting ‘‘school improvement 

19 under section 1111(b)(3)(B)(iii)’’. 

20 SEC. 115. SCHOOLWIDE PROGRAMS. 

21 Section 1114 (20 U.S.C. 6314) is amended— 

22 (1) in subsection (a)— 

23 (A) in paragraph (1)— 

24 (i) by striking ‘‘part’’ and inserting 

25 ‘‘subpart’’; and 

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1 (ii) by striking ‘‘in which’’ through 

2 ‘‘such families’’; 

3 (B) in paragraph (2)— 

4 (i) in subparagraph (A), by striking 

5 ‘‘part’’ and inserting ‘‘subpart’’; and 

6 (ii) in subparagraph (B)— 

7 (I) by striking ‘‘children with 

8 limited English proficiency’’ and in9 serting ‘‘English learners’’; and 

10 (II) by striking ‘‘part’’ and in11 serting ‘‘subpart’’; 

12 (C) in paragraph (3)(B), by striking 

13 ‘‘maintenance of effort,’’ after ‘‘private school 

14 children’’; and 

15 (D) by striking paragraph (4); and 

16 (2) in subsection (b)— 

17 (A) in paragraph (1)— 

18 (i) in subparagraph (A)— 

19 (I) by striking ‘‘(including’’ and 

20 all that follows through 

21 ‘‘1309(2))’’;and 

22 (II) by striking ‘‘content stand23 ards and the State student academic 

24 achievement standards’’ and inserting 

25 ‘‘standards’’; 

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1 (ii) in subparagraph (B)— 

2 (I) in clause (i), by striking ‘‘pro3 ficient’’ and all that follows through 

4 ‘‘section 1111(b)(1)(D)’’ and inserting 

5 ‘‘academic standards described in sec6 tion 1111(b)(1)’’; 

7 (II) in clause (ii), in the matter 

8 preceding subclause (I), by striking 

9 ‘‘based on scientifically based re10 search’’ and inserting ‘‘evidence11 based’’; 

12 (III) in clause (iii)— 

13 (aa) by striking ‘‘student 

14 academic achievement standards’’ 

15 and inserting ‘‘academic stand16 ards’’; and 

17 (bb) by striking ‘‘schoolwide 

18 program,’’ and all that follows 

19 through ‘‘technical education pro20 grams; and’’ and inserting 

21 ‘‘schoolwide programs; and’’; and 

22 (IV) in clause (iv), by striking 

23 ‘‘the State and local improvement 

24 plans’’ and inserting ‘‘school improve25 ment strategies’’; 

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1 (iii) in subparagraph (C), by striking 

2 ‘‘highly qualified’’ and inserting ‘‘effec3 tive’’; 

4 (iv) in subparagraph (D)— 

5 (I) by striking ‘‘In accordance 

6 with section 1119 and subsection 

7 (a)(4), high-quality’’ and inserting 

8 ‘‘High-quality’’; 

9 (II) by striking ‘‘pupil services’’ 

10 and inserting ‘‘specialized instruc11 tional support services’’; and 

12 (III) by striking ‘‘student aca13 demic achievement’’ and inserting 

14 ‘‘academic’’; 

15 (v) in subparagraph (E), by striking 

16 ‘‘high-quality highly qualified’’ and insert17 ing ‘‘effective’’; 

18 (vi) in subparagraph (G), by striking 

19 ‘‘, such as Head Start, Even Start, Early 

20 Reading First, or a State-run preschool 

21 program,’’; 

22 (vii) in subparagraph (H), by striking 

23 ‘‘section 1111(b)(3)’’ and inserting ‘‘sec24 tion 1111(b)(2)’’; 

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1 (viii) in subparagraph (I), by striking 

2 ‘‘proficient or advanced levels of academic 

3 achievement standards’’ and inserting 

4 ‘‘State academic standards’’; and 

5 (ix) in subparagraph (J), by striking 

6 ‘‘vocational’’ and inserting ‘‘career’’; and 

7 (B) in paragraph (2)— 

8 (i) in subparagraph (A)— 

9 (I) in the matter preceding clause 

10 (i)— 

11 (aa) by striking ‘‘first de12 velop’’ and all that follows 

13 through ‘‘2001)’’ and inserting 

14 ‘‘have in place’’; and 

15 (bb) by striking ‘‘and its 

16 school support team or other 

17 technical assistance provider 

18 under section 1117’’; 

19 (II) in clause (ii), by striking 

20 ‘‘part’’ and inserting ‘‘subpart’’; and 

21 (III) in clause (iv), by striking 

22 ‘‘section 1111(b)(3)’’ and inserting 

23 ‘‘section 1111(b)(2)’’; and 

24 (ii) in subparagraph (B)— 

25 (I) in clause (i)— 

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1 (aa) by striking ‘‘, after con2 sidering the recommendation of 

3 the technical assistance providers 

4 under section 1117,’’; and 

5 (bb) by striking ‘‘the No 

6 Child Left Behind Act of 2001’’ 

7 and inserting ‘‘Student Success 

8 Act’’ ; 

9 (II) in clause (ii)— 

10 (aa) by striking ‘‘(including 

11 administrators of programs de12 scribed in other parts of this 

13 title)’’; and 

14 (bb) by striking ‘‘pupil serv15 ices’’ and inserting ‘‘specialized 

16 instructional support services’’; 

17 (III) in clause (iii), by striking 

18 ‘‘part’’ and inserting ‘‘subpart’’; and 

19 (IV) in clause (v), by striking 

20 ‘‘Reading First, Early Reading First, 

21 Even Start,’’; and 

22 (3) in subsection (c)— 

23 (A) by striking ‘‘part’’ and inserting ‘‘sub24 part’’; and 

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1 (B) by striking ‘‘, such as Even Start’’ and 

2 all that follows through the period at the end. 

3 SEC. 116. TARGETED ASSISTANCE SCHOOLS. 

4 Section 1115 (20 U.S.C. 6315) is amended— 

5 (1) in subsection (a)— 

6 (A) by striking ‘‘are ineligible for a 

7 schoolwide program under section 1114, or 

8 that’’; 

9 (B) by striking ‘‘operate such’’ and insert10 ing ‘‘operate’’; and 

11 (C) by striking ‘‘part’’ and inserting ‘‘sub12 part’’; 

13 (2) in subsection (b)— 

14 (A) in paragraph (1)(B), by striking ‘‘chal15 lenging student academic achievement’’ and in16 serting ‘‘academic’’; 

17 (B) in paragraph (2)— 

18 (i) in subparagraph (A)— 

19 (I) by striking ‘‘limited English 

20 proficient children’’ and inserting 

21 ‘‘English learners’’; and 

22 (II) by striking ‘‘part’’ each place 

23 it appears and inserting ‘‘subpart’’; 

24 (ii) in subparagraph (B)— 

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1 (I) in the heading, by striking ‘‘, 

2 EVEN START, OR EARLY READING

3 FIRST’’; and 

4 (II) by striking ‘‘, Even Start, or 

5 Early Reading First’’; 

6 (iii) in subparagraph (C)— 

7 (I) by amending the heading to 

8 read as follows: ‘‘SUBPART 3— CHIL9 DREN’’; 

10 (II) by striking ‘‘part C’’ and in11 serting ‘‘subpart 3’’; and 

12 (III) by striking ‘‘part’’ and in13 serting ‘‘subpart’’; 

14 (iv) in subparagraphs (D) and (E), by 

15 striking ‘‘part’’ each place it appears and 

16 inserting ‘‘subpart’’; 

17 (C) in paragraph (3), by striking ‘‘part’’ 

18 and inserting ‘‘subpart’’; 

19 (3) in subsection (c)— 

20 (A) in paragraph (1)— 

21 (i) in the matter preceding subpara22 graph (A)— 

23 (I) by striking ‘‘part’’ and insert24 ing ‘‘subpart’’; and 

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1 (II) by striking ‘‘challenging stu2 dent academic achievement’’ and in3 serting ‘‘academic’’; 

4 (ii) in subparagraph (A)— 

5 (I) by striking ‘‘part’’ and insert6 ing ‘‘subpart’’; and 

7 (II) by striking ‘‘challenging stu8 dent academic achievement’’ and in9 serting ‘‘academic’’; 

10 (iii) in subparagraph (B), by striking 

11 ‘‘part’’ and inserting ‘‘subpart’’; 

12 (iv) in subparagraph (C)— 

13 (I) by striking ‘‘based on scientif14 ically based research’’ and inserting 

15 ‘‘evidence-based’’; and 

16 (II) by striking ‘‘part’’ and in17 serting ‘‘subpart’’; 

18 (v) in subparagraph (D), by striking 

19 ‘‘such as Head Start, Even Start, Early 

20 Reading First or State-run preschool pro21 grams’’; 

22 (vi) in subparagraph (E), by striking 

23 ‘‘highly qualified’’ and inserting ‘‘effec24 tive’’; 

25 (vii) in subparagraph (F)— 

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1 (I) by striking ‘‘in accordance 

2 with subsection (e)(3) and section 

3 1119,’’; 

4 (II) by striking ‘‘part’’ and in5 serting ‘‘subpart’’; and 

6 (III) by striking ‘‘pupil services 

7 personnel’’ and inserting ‘‘specialized 

8 instructional support personnel’’; 

9 (viii) in subparagraph (H), by striking 

10 ‘‘vocational’’ and inserting ‘‘career’’; and 

11 (B) in paragraph (2)— 

12 (i) in the matter preceding subpara13 graph (A), by striking ‘‘proficient and ad14 vanced levels of achievement’’ and insert15 ing ‘‘academic standards’’; 

16 (ii) in subparagraph (A), by striking 

17 ‘‘part’’ and inserting ‘‘subpart’’; and 

18 (iii) in subparagraph (B), by striking 

19 ‘‘challenging student academic achieve20 ment’’ and inserting ‘‘academic’’; 

21 (4) in subsection (d), in the matter preceding 

22 paragraph (1), by striking ‘‘part’’ each place it ap23 pears and inserting ‘‘subpart’’; and 

24 (5) in subsection (e)— 

25 (A) in paragraph (2)(B)— 

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1 (i) in the matter preceding clause (i), 

2 by striking ‘‘part’’ and inserting ‘‘sub3 part’’; and 

4 (ii) by striking ‘‘pupil services’’ and 

5 inserting ‘‘specialized instructional support 

6 services’’; and 

7 (B) by striking paragraph (3). 

8 SEC. 117. ACADEMIC ASSESSMENT AND LOCAL EDU9 CATIONAL AGENCY AND SCHOOL IMPROVE10 MENT; SCHOOL SUPPORT AND RECOGNITION. 

11 The Act is amended by repealing sections 1116 and 

12 1117 (20 U.S.C. 6316; 6317). 

13 SEC. 118. PARENTAL INVOLVEMENT. 

14 Section 1118 (20 U.S.C. 6318) is amended— 

15 (1) by striking ‘‘part’’ each place such term ap16 pears and inserting ‘‘subpart’’; 

17 (2) in subsection (a)— 

18 (A) in paragraph (2)— 

19 (i) in subparagraph (A), by striking ‘‘, 

20 and’’ and all that follows through ‘‘1116’’; 

21 and 

22 (ii) in subparagraph (D), by striking 

23 ‘‘, such as’’ and all that follows through 

24 ‘‘preschool programs’’; and 

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1 (B) in paragraph (3), by striking ‘‘subpart 

2 2 of this part’’ each place it appears and insert3 ing ‘‘chapter B of this subpart’’; 

4 (3) by amending subsection (c)(4)(B) to read as 

5 follows: 

6 ‘‘(B) a description and explanation of the 

7 curriculum in use at the school and the forms 

8 of academic assessment used to measure stu9 dent progress; and’’; 

10 (4) in subsection (d)(1), by striking ‘‘student 

11 academic achievement’’ and inserting ‘‘academic’’; 

12 (5) in subsection (e)— 

13 (A) in paragraph (1), by striking ‘‘State’s 

14 academic content standards and State student 

15 academic achievement standards’’ and inserting 

16 ‘‘State’s academic standards’’; 

17 (B) in paragraph (3)— 

18 (i) by striking ‘‘pupil services per19 sonnel,’’ and inserting ‘‘specialized instruc20 tional support personnel,’’; and 

21 (ii) by striking ‘‘principals,’’ and in22 serting ‘‘school leaders,’’; and 

23 (C) in paragraph (4), by striking ‘‘Head 

24 Start, Reading First, Early Reading First, 

25 Even Start, the Home Instruction Programs for 

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1 Preschool Youngsters, the Parents as Teachers 

2 Program, and public preschool and other’’ and 

3 inserting ‘‘other Federal, State, and local’’; and 

4 (6) by amending subsection (g) to read as fol5 lows: 

6 ‘‘(g) FAMILY ENGAGEMENT IN EDUCATION PRO7 GRAMS.—In a State operating a program under subpart 

8 3 of part A of title III, each local educational agency or 

9 school that receives assistance under this subpart shall in10 form such parents and organizations of the existence of 

11 such programs.’’. 

12 SEC. 119. QUALIFICATIONS FOR TEACHERS AND PARA13 PROFESSIONALS. 

14 The Act is amended by repealing section 1119 (20 

15 U.S.C. 6319). 

16 SEC. 120. PARTICIPATION OF CHILDREN ENROLLED IN PRI17 VATE SCHOOLS. 

18 Section 1120 (20 U.S.C. 6320) is amended to read 

19 as follows: 

20 ‘‘SEC. 1120. PARTICIPATION OF CHILDREN ENROLLED IN 

21 PRIVATE SCHOOLS. 

22 ‘‘(a) GENERAL REQUIREMENT.— 

23 ‘‘(1) IN GENERAL.—To the extent consistent 

24 with the number of eligible children identified under 

25 section 1115(b) in the school district served by a 

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1 local educational agency who are enrolled in private 

2 elementary schools and secondary schools, a local 

3 educational agency shall— 

4 ‘‘(A) after timely and meaningful consulta5 tion with appropriate private school officials or 

6 representatives, provide such service, on an eq7 uitable basis and individually or in combination, 

8 as requested by the officials or representatives 

9 to best meet the needs of such children, special 

10 educational services, instructional services, 

11 counseling, mentoring, one-on-one tutoring, or 

12 other benefits under this subpart (such as dual 

13 enrollment, educational radio and television, 

14 computer equipment and materials, other tech15 nology, and mobile educational services and 

16 equipment) that address their needs; and 

17 ‘‘(B) ensure that teachers and families of 

18 the children participate, on an equitable basis, 

19 in services and activities developed pursuant to 

20 this subpart. 

21 ‘‘(2) SECULAR, NEUTRAL, NONIDEOLOGICAL.— 

22 Such educational services or other benefits, including 

23 materials and equipment, shall be secular, neutral, 

24 and nonideological. 

25 ‘‘(3) EQUITY.— 

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1 ‘‘(A) IN GENERAL.—Educational services 

2 and other benefits for such private school chil3 dren shall be equitable in comparison to serv4 ices and other benefits for public school chil5 dren participating under this subpart, and shall 

6 be provided in a timely manner. 

7 ‘‘(B) OMBUDSMAN.—To help ensure such 

8 equity for such private school children, teach9 ers, and other educational personnel, the State 

10 educational agency involved shall designate an 

11 ombudsman to monitor and enforce the require12 ments of this subpart. 

13 ‘‘(4) EXPENDITURES.— 

14 ‘‘(A) IN GENERAL.—Expenditures for edu15 cational services and other benefits to eligible 

16 private school children shall be equal to the ex17 penditures for participating public school chil18 dren, taking into account the number, and edu19 cational needs, of the children to be served. 

20 ‘‘(B) OBLIGATION OF FUNDS.—Funds allo21 cated to a local educational agency for edu22 cational services and other benefits to eligible 

23 private school children shall— 

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1 ‘‘(i) be obligated in the fiscal year for 

2 which the funds are received by the agen3 cy; and 

4 ‘‘(ii) with respect to any such funds 

5 that cannot be so obligated, be used to 

6 serve such children in the following fiscal 

7 year. 

8 ‘‘(5) PROVISION OF SERVICES.—The local edu9 cational agency or, in a case described in subsection 

10 (b)(6)(C), the State educational agency involved, 

11 may provide services under this section directly or 

12 through contracts with public or private agencies, 

13 organizations, and institutions. 

14 ‘‘(b) CONSULTATION.— 

15 ‘‘(1) IN GENERAL.—To ensure timely and 

16 meaningful consultation, a local educational agency 

17 shall consult with appropriate private school officials 

18 or representatives during the design and develop19 ment of such agency’s programs under this subpart 

20 in order to reach an agreement between the agency 

21 and the officials or representatives about equitable 

22 and effective programs for eligible private school 

23 children, the results of which shall be transmitted to 

24 the designated obmudsmen under section 

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1 1120(a)(3)(B). Such process shall include consulta2 tion on issues such as— 

3 ‘‘(A) how the children’s needs will be iden4 tified; 

5 ‘‘(B) what services will be offered; 

6 ‘‘(C) how, where, and by whom the services 

7 will be provided; 

8 ‘‘(D) how the services will be academically 

9 assessed and how the results of that assessment 

10 will be used to improve those services; 

11 ‘‘(E) the size and scope of the equitable 

12 services to be provided to the eligible private 

13 school children, and the proportion of funds 

14 that is allocated under subsection (a)(4) for 

15 such services, how that proportion of funds is 

16 determined under such subsection, and an 

17 itemization of the costs of the services to be 

18 provided; 

19 ‘‘(F) the method or sources of data that 

20 are used under subsection (c) and section 

21 1113(c)(1) to determine the number of children 

22 from low-income families in participating school 

23 attendance areas who attend private schools; 

24 ‘‘(G) how and when the agency will make 

25 decisions about the delivery of services to such 

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1 children, including a thorough consideration 

2 and analysis of the views of the private school 

3 officials or representatives on the provision of 

4 services through a contract with potential third5 party providers; 

6 ‘‘(H) how, if the agency disagrees with the 

7 views of the private school officials or represent8 atives on the provision of services through a 

9 contract, the local educational agency will pro10 vide in writing to such private school officials 

11 an analysis of the reasons why the local edu12 cational agency has chosen not to use a con13 tractor; 

14 ‘‘(I) whether the agency will provide serv15 ices under this section directly or through con16 tracts with public and private agencies, organi17 zations, and institutions; 

18 ‘‘(J) whether to provide equitable services 

19 to eligible private school children— 

20 ‘‘(i) by creating a pool or pools of 

21 funds with all of the funds allocated under 

22 paragraph (4) based on all the children 

23 from low-income families who attend pri24 vate schools in a participating school at25 tendance area of the agency from which 

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1 the local educational agency will provide 

2 such services to all such children; or 

3 ‘‘(ii) by providing such services to eli4 gible children in each private school in the 

5 agency’s participating school attendance 

6 area with the proportion of funds allocated 

7 under paragraph (4) based on the number 

8 of children from low-income families who 

9 attend such school; and 

10 ‘‘(K) whether to consolidate and use funds 

11 under this subpart to provide schoolwide pro12 grams for a private school. 

13 ‘‘(2) DISAGREEMENT.—If a local educational 

14 agency disagrees with the views of private school of15 ficials or representatives with respect to an issue de16 scribed in paragraph (1), the local educational agen17 cy shall provide in writing to such private school of18 ficials an analysis of the reasons why the local edu19 cational agency has chosen not to adopt the course 

20 of action requested by such officials. 

21 ‘‘(3) TIMING.—Such consultation shall include 

22 meetings of agency and private school officials or 

23 representatives and shall occur before the local edu24 cational agency makes any decision that affects the 

25 opportunities of eligible private school children to 

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1 participate in programs under this subpart. Such 

2 meetings shall continue throughout implementation 

3 and assessment of services provided under this sec4 tion. 

5 ‘‘(4) DISCUSSION.—Such consultation shall in6 clude a discussion of service delivery mechanisms a 

7 local educational agency can use to provide equitable 

8 services to eligible private school children. 

9 ‘‘(5) DOCUMENTATION.—Each local educational 

10 agency shall maintain in the agency’s records and 

11 provide to the State educational agency involved a 

12 written affirmation signed by officials or representa13 tives of each participating private school that the 

14 meaningful consultation required by this section has 

15 occurred. The written affirmation shall provide the 

16 option for private school officials or representatives 

17 to indicate that timely and meaningful consultation 

18 has not occurred or that the program design is not 

19 equitable with respect to eligible private school chil20 dren. If such officials or representatives do not pro21 vide such affirmation within a reasonable period of 

22 time, the local educational agency shall forward the 

23 documentation that such consultation has, or at24 tempts at such consultation have, taken place to the 

25 State educational agency. 

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1 ‘‘(6) COMPLIANCE.— 

2 ‘‘(A) IN GENERAL.—A private school offi3 cial shall have the right to file a complaint with 

4 the State educational agency that the local edu5 cational agency did not engage in consultation 

6 that was meaningful and timely, did not give 

7 due consideration to the views of the private 

8 school official, or did not treat the private 

9 school or its students equitably as required by 

10 this section. 

11 ‘‘(B) PROCEDURE.—If the private school 

12 official wishes to file a complaint, the official 

13 shall provide the basis of the noncompliance 

14 with this section by the local educational agency 

15 to the State educational agency, and the local 

16 educational agency shall forward the appro17 priate documentation to the State educational 

18 agency. 

19 ‘‘(C) STATE EDUCATIONAL AGENCIES.—A 

20 State educational agency shall provide services 

21 under this section directly or through contracts 

22 with public or private agencies, organizations, 

23 and institutions, if— 

24 ‘‘(i) the appropriate private school of25 ficials or their representatives have— 

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1 ‘‘(I) requested that the State 

2 educational agency provide such serv3 ices directly; and 

4 ‘‘(II) demonstrated that the local 

5 educational agency involved has not 

6 met the requirements of this section; 

7 or 

8 ‘‘(ii) in a case in which— 

9 ‘‘(I) a local educational agency 

10 has more than 10,000 children from 

11 low-income families who attend pri12 vate elementary schools or secondary 

13 schools in a participating school at14 tendance area of the agency that are 

15 not being served by the agency’s pro16 gram under this section; or 

17 ‘‘(II) 90 percent of the eligible 

18 private school students in a partici19 pating school attendance area of the 

20 agency are not being served by the 

21 agency’s program under this section. 

22 ‘‘(c) ALLOCATION FOR EQUITABLE SERVICE TO PRI23 VATE SCHOOL STUDENTS.— 

24 ‘‘(1) CALCULATION.—A local educational agen25 cy shall have the final authority, consistent with this 

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1 section, to calculate the number of children, ages 5 

2 through 17, who are from low-income families and 

3 attend private schools by— 

4 ‘‘(A) using the same measure of low in5 come used to count public school children; 

6 ‘‘(B) using the results of a survey that, to 

7 the extent possible, protects the identity of fam8 ilies of private school students, and allowing 

9 such survey results to be extrapolated if com10 plete actual data are unavailable; 

11 ‘‘(C) applying the low-income percentage of 

12 each participating public school attendance 

13 area, determined pursuant to this section, to 

14 the number of private school children who re15 side in that school attendance area; or 

16 ‘‘(D) using an equated measure of low in17 come correlated with the measure of low income 

18 used to count public school children. 

19 ‘‘(2) COMPLAINT PROCESS.—Any dispute re20 garding low-income data for private school students 

21 shall be subject to the complaint process authorized 

22 in section 5503. 

23 ‘‘(d) PUBLIC CONTROL OF FUNDS.— 

24 ‘‘(1) IN GENERAL.—The control of funds pro25 vided under this subpart, and title to materials, 

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1 equipment, and property purchased with such funds, 

2 shall be in a public agency, and a public agency shall 

3 administer such funds, materials, equipment, and 

4 property. 

5 ‘‘(2) PROVISION OF SERVICES.— 

6 ‘‘(A) PROVIDER.—The provision of services 

7 under this section shall be provided— 

8 ‘‘(i) by employees of a public agency; 

9 or 

10 ‘‘(ii) through a contract by such pub11 lic agency with an individual, association, 

12 agency, or organization. 

13 ‘‘(B) REQUIREMENT.—In the provision of 

14 such services, such employee, individual, asso15 ciation, agency, or organization shall be inde16 pendent of such private school and of any reli17 gious organization, and such employment or 

18 contract shall be under the control and super19 vision of such public agency. 

20 ‘‘(e) STANDARDS FOR A BYPASS.—If a local edu21 cational agency is prohibited by law from providing for 

22 the participation in programs on an equitable basis of eli23 gible children enrolled in private elementary schools and 

24 secondary schools, or if the Secretary determines that a 

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1 willing to provide for such participation, as required by 

2 this section, the Secretary shall— 

3 ‘‘(1) waive the requirements of this section for 

4 such local educational agency; 

5 ‘‘(2) arrange for the provision of services to 

6 such children through arrangements that shall be 

7 subject to the requirements of this section and sec8 tions 5503 and 5504; and 

9 ‘‘(3) in making the determination under this 

10 subsection, consider one or more factors, including 

11 the quality, size, scope, and location of the program 

12 and the opportunity of eligible children to partici13 pate.’’. 

14 SEC. 121. FISCAL REQUIREMENTS. 

15 Section 1120A (20 U.S.C. 6321) is amended— 

16 (1) by striking ‘‘part’’ each place it appears and 

17 inserting ‘‘subpart’’; and 

18 (2) by striking subsection (a) and redesignating 

19 subsections (b), (c), and (d) as subsections (a), (b), 

20 and (c), respectively. 

21 SEC. 122. COORDINATION REQUIREMENTS. 

22 Section 1120B (20 U.S.C. 6322) is amended— 

23 (1) by striking ‘‘part’’ each place it appears and 

24 inserting ‘‘subpart’’; 

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1 (2) in subsection (a), by striking ‘‘such as the 

2 Early Reading First program’’; and 

3 (3) in subsection (b)— 

4 (A) in the matter preceding paragraph (1), 

5 by striking ‘‘, such as the Early Reading First 

6 program,’’; 

7 (B) in paragraphs (1) through (3), by 

8 striking ‘‘such as the Early Reading First pro9 gram’’ each place it appears; 

10 (C) in paragraph (4), by striking ‘‘Early 

11 Reading First program staff,’’; and 

12 (D) in paragraph (5), by striking ‘‘and en13 tities carrying out Early Reading First pro14 grams’’. 

15 SEC. 123. GRANTS FOR THE OUTLYING AREAS AND THE 

16 SECRETARY OF THE INTERIOR. 

17 Section 1121 (20 U.S.C. 6331) is amended— 

18 (1) in subsection (a), by striking ‘‘appropriated 

19 for payments to States for any fiscal year under sec20 tion 1002(a) and 1125A(f)’’ and inserting ‘‘reserved 

21 for this subpart under section 1122(a) and 

22 1125A(f)’’; and 

23 (2) in subsection (b)— 

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1 (A) in paragraph (2), by striking ‘‘the No 

2 Child Left Behind Act of 2001’’ and inserting 

3 ‘‘the Student Success Act’’; 

4 (B) in paragraph (3)— 

5 (i) in subparagraph (B), by striking 

6 ‘‘basis,’’ and all that follows through the 

7 period at the end and inserting ‘‘basis.’’; 

8 (ii) in subparagraph (C)(ii), by strik9 ing ‘‘challenging State academic content 

10 standards’’ and inserting ‘‘State academic 

11 standards’’; and 

12 (iii) by striking subparagraph (D); 

13 and 

14 (C) in subsection (d)(2), by striking ‘‘part’’ 

15 and inserting ‘‘subpart’’. 

16 SEC. 124. ALLOCATIONS TO STATES. 

17 Section 1122 (20 U.S.C. 6332) is amended— 

18 (1) by amending subsection (a) to read as fol19 lows: 

20 ‘‘(a) RESERVATION.— 

21 ‘‘(1) IN GENERAL.—From the amounts appro22 priated under section 3(a)(1), the Secretary shall re23 serve 91 percent of such amounts to carry out this 

24 chapter. 

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1 ‘‘(2) ALLOCATION FORMULA.—Of the amount 

2 reserved under paragraph (1) for each of fiscal years 

3 2013 to 2018 (referred to in this subsection as the 

4 current fiscal year)— 

5 ‘‘(A) an amount equal to the amount made 

6 available to carry out section 1124 for fiscal 

7 year 2001 shall be used to carry out section 

8 1124; 

9 ‘‘(B) an amount equal to the amount made 

10 available to carry out section 1124A for fiscal 

11 year 2001 shall be used to carry out section 

12 1124A; and 

13 ‘‘(C) an amount equal to 100 percent of 

14 the amount, if any, by which the total amount 

15 made available to carry out this chapter for the 

16 fiscal year for which the determination is made 

17 exceeds the total amount available to carry out 

18 sections 1124 and 1124A for fiscal year 2001 

19 shall be used to carry out section 1125 and 

20 1125A and such amount shall be divided equal21 ly between section 1125 and section 1125A.’’; 

22 (2) in subsection (b)(1), by striking ‘‘subpart’’ 

23 and inserting ‘‘chapter’’; 

24 (3) in subsection (c)(3), by striking ‘‘part’’ and 

25 inserting ‘‘subpart’’; and 

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1 (4) in subsection (d)(1), by striking ‘‘subpart’’ 

2 and inserting ‘‘chapter’’. 

3 SEC. 125. BASIC GRANTS TO LOCAL EDUCATIONAL AGEN4 CIES. 

5 Section 1124 (20 U.S.C. 6333) is amended— 

6 (1) in subsection (a)— 

7 (A) in paragraph (3)— 

8 (i) in subparagraph (B), by striking 

9 ‘‘subpart’’ and inserting ‘‘chapter’’; and 

10 (ii) in subparagraph (C)(i), by strik11 ing ‘‘subpart’’ and inserting ‘‘chapter’’; 

12 and 

13 (B) in paragraph (4)(C), by striking ‘‘sub14 part’’ each place it appears and inserting 

15 ‘‘chapter’’; and 

16 (2) in subsection (c)— 

17 (A) in paragraph (1)(B), by striking ‘‘sub18 part 1 of part D’’ and inserting ‘‘chapter A of 

19 subpart 3’’; and 

20 (B) in paragraph (2), by striking ‘‘part’’ 

21 and inserting ‘‘subpart’’. 

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1 SEC. 126. ADEQUACY OF FUNDING OF TARGETED GRANTS 

2 TO LOCAL EDUCATIONAL AGENCIES IN FIS3 CAL YEARS AFTER FISCAL YEAR 2001. 

4 Section 1125AA (20 U.S.C. 6336) is amended to 

5 read as follows: 

6 ‘‘SEC. 1125AA. ADEQUACY OF FUNDING OF TARGETED 

7 GRANTS TO LOCAL EDUCATIONAL AGENCIES 

8 IN FISCAL YEARS AFTER FISCAL YEAR 2001. 

9 ‘‘Pursuant to section 1122, the total amount allo10 cated in any fiscal year after fiscal year 2001 for programs 

11 and activities under this subpart shall not exceed the 

12 amount allocated in fiscal year 2001 for such programs 

13 and activities unless the amount available for targeted 

14 grants to local educational agencies under section 1125 

15 in the applicable fiscal year meets the requirements of sec16 tion 1122(a).’’. 

17 SEC. 127. EDUCATION FINANCE INCENTIVE GRANT PRO18 GRAM. 

19 Section 1125A (20 U.S.C. 6337) is amended— 

20 (1) by striking ‘‘part’’ each place it appears and 

21 inserting ‘‘subpart’’; 

22 (2) in subsection (b)(1)— 

23 (A) in subparagraph (A), by striking ‘‘ap24 propriated pursuant to subsection (f)’’ and in25 serting ‘‘made available for any fiscal year to 

26 carry out this section’’; and 

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1 (B) in subparagraph (B)(i), by striking 

2 ‘‘total appropriations’’ and inserting ‘‘the total 

3 amount reserved under section 1122(a) to carry 

4 out this section’’; and 

5 (3) by striking subsections (a), (e), and (f) and 

6 redesignating subsections (b), (c), (d), and (g) as 

7 subsections (a), (b), (c), and (d), respectively. 

8 SEC. 128. CARRYOVER AND WAIVER. 

9 Section 1127 (20 U.S.C. 6339) is amended by strik10 ing ‘‘subpart’’ each place it appears and inserting ‘‘chap11 ter’’. 

12 Subtitle C—Additional Aid to 

13 States and School Districts 

14 SEC. 131. ADDITIONAL AID. 

15 (a) IN GENERAL.—Title I (20 U.S.C. 6301 et seq.) 

16 is amended— 

17 (1) by striking parts B through D and F 

18 through H; and 

19 (2) by inserting after subpart 1 of part A the 

20 following: 

21 ‘‘SUBPART 2—EDUCATION OF MIGRATORY CHILDREN

22 ‘‘SEC. 1131. PROGRAM PURPOSES. 

23 ‘‘The purposes of this subpart are as follows: 

24 ‘‘(1) To assist States in supporting high-quality 

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1 ices during the school year, and as applicable, during 

2 summer or intercession periods, that address the 

3 unique educational needs of migratory children. 

4 ‘‘(2) To ensure that migratory children who 

5 move among the States, not be penalized in any 

6 manner by disparities among the States in cur7 riculum, graduation requirements, and State aca8 demic standards. 

9 ‘‘(3) To help such children succeed in school, 

10 meet the State academic standards that all children 

11 are expected to meet, and graduate from high school 

12 prepared for postsecondary education and the work13 force without the need for remediation. 

14 ‘‘(4) To help such children overcome edu15 cational disruption, cultural and language barriers, 

16 social isolation, various health-related problems, and 

17 other factors that inhibit the ability of such children 

18 to succeed in school. 

19 ‘‘(5) To help such children benefit from State 

20 and local systemic reforms. 

21 ‘‘SEC. 1132. PROGRAM AUTHORIZED. 

22 ‘‘(a) IN GENERAL.—From the amounts appropriated 

23 under section 3(a)(1), the Secretary shall reserve 2.4 per24 cent to carry out this subpart. 

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1 ‘‘(b) GRANTS AWARDED.—From the amounts re2 served under subsection (a) and not reserved under section 

3 1138(c), the Secretary shall make allotments for the fiscal 

4 year to State educational agencies, or consortia of such 

5 agencies, to establish or improve, directly or through local 

6 operating agencies, programs of education for migratory 

7 children in accordance with this subpart. 

8 ‘‘SEC. 1133. STATE ALLOCATIONS. 

9 ‘‘(a) STATE ALLOCATIONS.—Except as provided in 

10 subsection (c), each State (other than the Commonwealth 

11 of Puerto Rico) is entitled to receive under this subpart 

12 an amount equal to the product of— 

13 ‘‘(1) the sum of— 

14 ‘‘(A) the average number of full-time 

15 equivalent identified eligible migratory children 

16 aged 3 through 21 residing in the State, based 

17 on data for the preceding 3 years; and 

18 ‘‘(B) the number of identified eligible mi19 gratory children, aged 3 through 21, who re20 ceived services under this subpart in summer or 

21 intersession programs provided by the State 

22 during the previous year; multiplied by 

23 ‘‘(2) 40 percent of the average per-pupil ex24 penditure in the State, except that the amount de25 termined under this paragraph shall not be less than 

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1 32 percent, nor more than 48 percent, of the aver2 age per-pupil expenditure in the United States. 

3 ‘‘(b) HOLD HARMLESS.—Notwithstanding subsection 

4 (a), for each of fiscal years 2013 through 2015, no State 

5 shall receive less than 90 percent of the State’s allocation 

6 under this section for the previous year. 

7 ‘‘(c) ALLOCATION TO PUERTO RICO.—For each fiscal 

8 year, the grant which the Commonwealth of Puerto Rico 

9 shall be eligible to receive under this subpart shall be the 

10 amount determined by multiplying the number of children 

11 who would be counted under subsection (a)(1) if such sub12 section applied to the Commonwealth of Puerto Rico by 

13 the product of— 

14 ‘‘(1) the percentage that the average per-pupil 

15 expenditure in the Commonwealth of Puerto Rico is 

16 of the lowest average per-pupil expenditure of any of 

17 the 50 States, except that the percentage calculated 

18 under this subparagraph shall not be less than 85 

19 percent; and 

20 ‘‘(2) 32 percent of the average per-pupil ex21 penditure in the United States. 

22 ‘‘(d) RATABLE REDUCTIONS; REALLOCATIONS.— 

23 ‘‘(1) IN GENERAL.— 

24 ‘‘(A) RATABLE REDUCTIONS.—If, after the 

25 Secretary reserves funds under section 1138(c), 

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1 the amount appropriated to carry out this sub2 part for any fiscal year is insufficient to pay in 

3 full the amounts for which all States are eligi4 ble, the Secretary shall ratably reduce each 

5 such amount. 

6 ‘‘(B) REALLOCATION.—If additional funds 

7 become available for making such payments for 

8 any fiscal year, the Secretary shall allocate such 

9 funds to States in amounts that the Secretary 

10 determines will best carry out the purpose of 

11 this subpart. 

12 ‘‘(2) SPECIAL RULE.— 

13 ‘‘(A) FURTHER REDUCTIONS.—The Sec14 retary shall further reduce the amount of any 

15 grant to a State under this subpart for any fis16 cal year if the Secretary determines, based on 

17 available information on the numbers and needs 

18 of migratory children in the State and the pro19 gram proposed by the State to address such 

20 needs, that such amount exceeds the amount 

21 required under section 1134. 

22 ‘‘(B) REALLOCATION.—The Secretary shall 

23 reallocate such excess funds to other States 

24 whose grants under this subpart would other25 wise be insufficient to provide an appropriate 

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1 level of services to migratory children, in such 

2 amounts as the Secretary determines are appro3 priate. 

4 ‘‘(e) CONSORTIUM ARRANGEMENTS.— 

5 ‘‘(1) IN GENERAL.—In the case of a State that 

6 receives a grant of $1,000,000 or less under this 

7 section, the Secretary shall consult with the State 

8 educational agency to determine whether consortium 

9 arrangements with another State or other appro10 priate entity would result in delivery of services in 

11 a more effective and efficient manner. 

12 ‘‘(2) PROPOSALS.—Any State, regardless of the 

13 amount of such State’s allocation, may submit a 

14 consortium arrangement to the Secretary for ap15 proval. 

16 ‘‘(3) APPROVAL.—The Secretary shall approve 

17 a consortium arrangement under paragraph (1) or 

18 (2) if the proposal demonstrates that the arrange19 ment will— 

20 ‘‘(A) reduce administrative costs or pro21 gram function costs for State programs; and 

22 ‘‘(B) make more funds available for direct 

23 services to add substantially to the educational 

24 achievement of children to be served under this 

25 subpart. 

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1 ‘‘(f) DETERMINING NUMBERS OF ELIGIBLE CHIL2 DREN.—In order to determine the identified number of 

3 migratory children residing in each State for purposes of 

4 this section, the Secretary shall— 

5 ‘‘(1) use the most recent information that most 

6 accurately reflects the actual number of migratory 

7 children; 

8 ‘‘(2) develop and implement a procedure for 

9 monitoring the accuracy of such information; 

10 ‘‘(3) develop and implement a procedure for 

11 more accurately reflecting cost factors for different 

12 types of summer and intersession program designs; 

13 ‘‘(4) adjust the full-time equivalent number of 

14 migratory children who reside in each State to take 

15 into account— 

16 ‘‘(A) the unique needs of those children 

17 participating in evidence-based or other effec18 tive special programs provided under this sub19 part that operate during the summer and inter20 session periods; and 

21 ‘‘(B) the additional costs of operating such 

22 programs; and 

23 ‘‘(5) conduct an analysis of the options for ad24 justing the formula so as to better direct services to 

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1 migratory children, including the most at-risk migra2 tory children. 

3 ‘‘(g) NONPARTICIPATING STATES.—In the case of a 

4 State desiring to receive an allocation under this subpart 

5 for a fiscal year that did not receive an allocation for the 

6 previous fiscal year or that has been participating for less 

7 than 3 consecutive years, the Secretary shall calculate the 

8 State’s number of identified migratory children aged 3 

9 through 21 for purposes of subsection (a)(1)(A) by using 

10 the most recent data available that identifies the migra11 tory children residing in the State until data is available 

12 to calculate the 3-year average number of such children 

13 in accordance with such subsection. 

14 ‘‘SEC. 1134. STATE APPLICATIONS; SERVICES. 

15 ‘‘(a) APPLICATION REQUIRED.—Any State desiring 

16 to receive a grant under this subpart for any fiscal year 

17 shall submit an application to the Secretary at such time 

18 and in such manner as the Secretary may require. 

19 ‘‘(b) PROGRAM INFORMATION.—Each such applica20 tion shall include— 

21 ‘‘(1) a description of how, in planning, imple22 menting, and evaluating programs and projects as23 sisted under this subpart, the State and its local op24 erating agencies will ensure that the unique edu25 cational needs of migratory children, including premstockstill on DSK4VPTVN1PROD with BILLS

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1 school migratory children, are identified and ad2 dressed through— 

3 ‘‘(A) the full range of services that are 

4 available for migratory children from appro5 priate local, State, and Federal educational pro6 grams; 

7 ‘‘(B) joint planning among local, State, 

8 and Federal educational programs serving mi9 gratory children, including language instruction 

10 educational programs under chapter A of sub11 part 4; and 

12 ‘‘(C) the integration of services available 

13 under this subpart with services provided by 

14 those other programs; 

15 ‘‘(2) a description of the steps the State is tak16 ing to provide all migratory students with the oppor17 tunity to meet the same State academic standards 

18 that all children are expected to meet; 

19 ‘‘(3) a description of how the State will use 

20 funds received under this subpart to promote inter21 state and intrastate coordination of services for mi22 gratory children, including how the State will pro23 vide for educational continuity through the timely 

24 transfer of pertinent school records, including infor25 mation on health, when children move from one 

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1 school to another, whether or not such a move oc2 curs during the regular school year; 

3 ‘‘(4) a description of the State’s priorities for 

4 the use of funds received under this subpart, and 

5 how such priorities relate to the State’s assessment 

6 of needs for services in the State; 

7 ‘‘(5) a description of how the State will deter8 mine the amount of any subgrants the State will 

9 award to local operating agencies, taking into ac10 count the numbers and needs of migratory children, 

11 the requirements of subsection (d), and the avail12 ability of funds from other Federal, State, and local 

13 programs; and 

14 ‘‘(6) a description of how the State will encour15 age programs and projects assisted under this sub16 part to offer family literacy services if the programs 

17 and projects serve a substantial number of migra18 tory children whose parents do not have a regular 

19 high school diploma or its recognized equivalent or 

20 who have low levels of literacy. 

21 ‘‘(c) ASSURANCES.—Each such application shall also 

22 include assurances that— 

23 ‘‘(1) funds received under this subpart will be 

24 used only— 

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1 ‘‘(A) for programs and projects, including 

2 the acquisition of equipment, in accordance 

3 with section 1136; and 

4 ‘‘(B) to coordinate such programs and 

5 projects with similar programs and projects 

6 within the State and in other States, as well as 

7 with other Federal programs that can benefit 

8 migratory children and their families; 

9 ‘‘(2) such programs and projects will be carried 

10 out in a manner consistent with the objectives of 

11 section 1114, subsections (b) and (d) of section 

12 1115, subsections (b) and (c) of section 1120A, and 

13 part C; 

14 ‘‘(3) in the planning and operation of programs 

15 and projects at both the State and local agency op16 erating level, there is consultation with parents of 

17 migratory children for programs of not less than one 

18 school year in duration, and that all such programs 

19 and projects are carried out— 

20 ‘‘(A) in a manner that provides for the 

21 same parental involvement as is required for 

22 programs and projects under section 1118, un23 less extraordinary circumstances make such 

24 provision impractical; and 

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1 ‘‘(B) in a format and language under2 standable to the parents; 

3 ‘‘(4) in planning and carrying out such pro4 grams and projects, there has been, and will be, ade5 quate provision for addressing the unmet education 

6 needs of preschool migratory children; 

7 ‘‘(5) the effectiveness of such programs and 

8 projects will be determined, where feasible, using the 

9 same approaches and standards that will be used to 

10 assess the performance of students, schools, and 

11 local educational agencies under subpart 1; 

12 ‘‘(6) to the extent feasible, such programs and 

13 projects will provide for— 

14 ‘‘(A) advocacy and outreach activities for 

15 migratory children and their families, including 

16 informing such children and families of, or 

17 helping such children and families gain access 

18 to, other education, health, nutrition, and social 

19 services; 

20 ‘‘(B) professional development programs, 

21 including mentoring, for teachers and other 

22 program personnel; 

23 ‘‘(C) high-quality, evidence-based family 

24 literacy programs; 

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1 ‘‘(D) the integration of information tech2 nology into educational and related programs; 

3 and 

4 ‘‘(E) programs to facilitate the transition 

5 of secondary school students to postsecondary 

6 education or employment without the need for 

7 remediation; and 

8 ‘‘(7) the State will assist the Secretary in deter9 mining the number of migratory children under 

10 paragraph (1) of section 1133(a). 

11 ‘‘(d) PRIORITY FOR SERVICES.—In providing services 

12 with funds received under this subpart, each recipient of 

13 such funds shall give priority to migratory children who 

14 are failing, or most at risk of failing, to meet the State’s 

15 academic standards under section 1111 (b)(1) . 

16 ‘‘(e) CONTINUATION OF SERVICES.—Notwith17 standing any other provision of this subpart— 

18 ‘‘(1) a child who ceases to be a migratory child 

19 during a school term shall be eligible for services 

20 until the end of such term; 

21 ‘‘(2) a child who is no longer a migratory child 

22 may continue to receive services for one additional 

23 school year, but only if comparable services are not 

24 available through other programs; and 

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1 ‘‘(3) secondary school students who were eligi2 ble for services in secondary school may continue to 

3 be served through credit accrual programs until 

4 graduation. 

5 ‘‘SEC. 1135. SECRETARIAL APPROVAL; PEER REVIEW. 

6 ‘‘The Secretary shall approve each State application 

7 that meets the requirements of this subpart, and may re8 view any such application using a peer review process. 

9 ‘‘SEC. 1136. COMPREHENSIVE NEEDS ASSESSMENT AND 

10 SERVICE-DELIVERY PLAN; AUTHORIZED AC11 TIVITIES. 

12 ‘‘(a) COMPREHENSIVE PLAN.— 

13 ‘‘(1) IN GENERAL.—Each State that receives 

14 assistance under this subpart shall ensure that the 

15 State and its local operating agencies identify and 

16 address the unique educational needs of migratory 

17 children in accordance with a comprehensive State 

18 plan that— 

19 ‘‘(A) is integrated with other programs 

20 under this Act or other Acts, as appropriate; 

21 ‘‘(B) may be submitted as a part of a con22 solidated application under section 5302, if— 

23 ‘‘(i) the unique needs of migratory 

24 children are specifically addressed in the 

25 comprehensive State plan; 

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1 ‘‘(ii) the comprehensive State plan is 

2 developed in collaboration with parents of 

3 migratory children; and 

4 ‘‘(iii) the comprehensive State plan is 

5 not used to supplant State efforts regard6 ing, or administrative funding for, this 

7 subpart; 

8 ‘‘(C) provides that migratory children will 

9 have an opportunity to meet the same State 

10 academic standards under section 1111(b)(1) 

11 that all children are expected to meet; 

12 ‘‘(D) specifies measurable program goals 

13 and outcomes; 

14 ‘‘(E) encompasses the full range of services 

15 that are available for migratory children from 

16 appropriate local, State, and Federal edu17 cational programs; 

18 ‘‘(F) is the product of joint planning 

19 among such local, State, and Federal programs, 

20 including programs under subpart 1, early 

21 childhood programs, and language instruction 

22 educational programs under chapter A of sub23 part 4; and 

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1 ‘‘(G) provides for the integration of serv2 ices available under this subpart with services 

3 provided by such other programs. 

4 ‘‘(2) DURATION OF THE PLAN.—Each such 

5 comprehensive State plan shall— 

6 ‘‘(A) remain in effect for the duration of 

7 the State’s participation under this subpart; 

8 and 

9 ‘‘(B) be periodically reviewed and revised 

10 by the State, as necessary, to reflect changes in 

11 the State’s strategies and programs under this 

12 subpart. 

13 ‘‘(b) AUTHORIZED ACTIVITIES.— 

14 ‘‘(1) FLEXIBILITY.—In implementing the com15 prehensive plan described in subsection (a), each 

16 State educational agency, where applicable through 

17 its local educational agencies, shall have the flexi18 bility to determine the activities to be provided with 

19 funds made available under this subpart, except that 

20 such funds first shall be used to meet the identified 

21 needs of migratory children that result from their 

22 migratory lifestyle, and to permit these children to 

23 participate effectively in school. 

24 ‘‘(2) UNADDRESSED NEEDS.—Funds provided 

25 under this subpart shall be used to address the 

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1 needs of migratory children that are not addressed 

2 by services available from other Federal or non-Fed3 eral programs, except that migratory children who 

4 are eligible to receive services under subpart 1 may 

5 receive those services through funds provided under 

6 that subpart, or through funds under this subpart 

7 that remain after the agency addresses the needs de8 scribed in paragraph (1). 

9 ‘‘(3) CONSTRUCTION.—Nothing in this subpart 

10 shall be construed to prohibit a local educational 

11 agency from serving migratory children simulta12 neously with students with similar educational needs 

13 in the same educational settings, where appropriate. 

14 ‘‘SEC. 1137. BYPASS. 

15 ‘‘The Secretary may use all or part of any State’s 

16 allocation under this subpart to make arrangements with 

17 any public or private agency to carry out the purpose of 

18 this subpart in such State if the Secretary determines 

19 that— 

20 ‘‘(1) the State is unable or unwilling to conduct 

21 educational programs for migratory children; 

22 ‘‘(2) such arrangements would result in more 

23 efficient and economic administration of such pro24 grams; or 

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1 ‘‘(3) such arrangements would add substantially 

2 to the educational achievement of such children. 

3 ‘‘SEC. 1138. COORDINATION OF MIGRATORY EDUCATION 

4 ACTIVITIES. 

5 ‘‘(a) IMPROVEMENT OF COORDINATION.— 

6 ‘‘(1) IN GENERAL.—The Secretary, in consulta7 tion with the States, may make grants to, or enter 

8 into contracts with, State educational agencies, local 

9 educational agencies, institutions of higher edu10 cation, and other public and private entities to im11 prove the interstate and intrastate coordination 

12 among such agencies’ educational programs, includ13 ing through the establishment or improvement of 

14 programs for credit accrual and exchange, available 

15 to migratory students. 

16 ‘‘(2) DURATION.—Grants or contracts under 

17 this subsection may be awarded for not more than 

18 5 years. 

19 ‘‘(b) STUDENT RECORDS.— 

20 ‘‘(1) ASSISTANCE.—The Secretary shall assist 

21 States in developing and maintaining an effective 

22 system for the electronic transfer of student records 

23 and in determining the number of migratory chil24 dren in each State. 

25 ‘‘(2) INFORMATION SYSTEM.— 

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1 ‘‘(A) IN GENERAL.—The Secretary, in con2 sultation with the States, shall ensure the link3 age of migratory student record systems for the 

4 purpose of electronically exchanging, among the 

5 States, health and educational information re6 garding all migratory students. The Secretary 

7 shall ensure such linkage occurs in a cost-effec8 tive manner, utilizing systems used by the 

9 States prior to, or developed after, the date of 

10 enactment of this Act. The Secretary shall de11 termine the minimum data elements that each 

12 State receiving funds under this subpart shall 

13 collect and maintain. Such minimum data ele14 ments may include— 

15 ‘‘(i) immunization records and other 

16 health information; 

17 ‘‘(ii) elementary and secondary aca18 demic history (including partial credit), 

19 credit accrual, and results from State as20 sessments required under section 

21 1111(b)(2); 

22 ‘‘(iii) other academic information es23 sential to ensuring that migratory children 

24 achieve to the States’s academic standards; 

25 and 

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1 ‘‘(iv) eligibility for services under the 

2 Individuals with Disabilities Education 

3 Act. 

4 ‘‘(B) The Secretary shall consult with 

5 States before updating the data elements that 

6 each State receiving funds under this subpart 

7 shall be required to collect for purposes of elec8 tronic transfer of migratory student information 

9 and the requirements that States shall meet for 

10 immediate electronic access to such information. 

11 ‘‘(3) NO COST FOR CERTAIN TRANSFERS.—A 

12 State educational agency or local educational agency 

13 receiving assistance under this subpart shall make 

14 student records available to another State edu15 cational agency or local educational agency that re16 quests the records at no cost to the requesting agen17 cy, if the request is made in order to meet the needs 

18 of a migratory child. 

19 ‘‘(4) REPORT TO CONGRESS.— 

20 ‘‘(A) IN GENERAL.—Not later than April 

21 30, 2013, the Secretary shall report to the 

22 Committee on Health, Education, Labor, and 

23 Pensions of the Senate and the Committee on 

24 Education and the Workforce of the House of 

25 Representatives the Secretary’s findings and 

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1 recommendations regarding the maintenance 

2 and transfer of health and educational informa3 tion for migratory students by the States. 

4 ‘‘(B) REQUIRED CONTENTS.—The Sec5 retary shall include in such report— 

6 ‘‘(i) a review of the progress of States 

7 in developing and linking electronic records 

8 transfer systems; 

9 ‘‘(ii) recommendations for maintaining 

10 such systems; and 

11 ‘‘(iii) recommendations for improving 

12 the continuity of services provided for mi13 gratory students. 

14 ‘‘(c) AVAILABILITY OF FUNDS.—The Secretary shall 

15 reserve not more than $10,000,000 of the amount re16 served under section 1132 to carry out this section for 

17 each fiscal year. 

18 ‘‘(d) DATA COLLECTION.—The Secretary shall direct 

19 the National Center for Education Statistics to collect 

20 data on migratory children. 

21 ‘‘SEC. 1139. DEFINITIONS. 

22 ‘‘As used in this subpart: 

23 ‘‘(1) LOCAL OPERATING AGENCY.—The term 

24 ‘local operating agency’ means— 

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1 ‘‘(A) a local educational agency to which a 

2 State educational agency makes a subgrant 

3 under this subpart; 

4 ‘‘(B) a public or private agency with which 

5 a State educational agency or the Secretary 

6 makes an arrangement to carry out a project 

7 under this subpart; or 

8 ‘‘(C) a State educational agency, if the 

9 State educational agency operates the State’s 

10 migratory education program or projects di11 rectly. 

12 ‘‘(2) MIGRATORY CHILD.—The term ‘migratory 

13 child’ means a child who is, or whose parent or 

14 spouse is, a migratory agricultural worker, including 

15 a migratory dairy worker, or a migratory fisher, and 

16 who, in the preceding 36 months, in order to obtain, 

17 or accompany such parent or spouse, in order to ob18 tain, temporary or seasonal employment in agricul19 tural or fishing work— 

20 ‘‘(A) has moved from one school district to 

21 another; 

22 ‘‘(B) in a State that is comprised of a sin23 gle school district, has moved from one adminis24 trative area to another within such district; or 

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1 ‘‘(C) resides in a school district of more 

2 than 15,000 square miles, and migrates a dis3 tance of 20 miles or more to a temporary resi4 dence to engage in a fishing activity. 

5 ‘‘SUBPART 3—PREVENTION AND INTERVENTION PRO6 GRAMS FOR CHILDREN AND YOUTH WHO ARE NE7 GLECTED, DELINQUENT, OR AT-RISK

8 ‘‘SEC. 1141. PURPOSE AND PROGRAM AUTHORIZATION. 

9 ‘‘(a) PURPOSE.—It is the purpose of this subpart— 

10 ‘‘(1) to improve educational services for chil11 dren and youth in local and State institutions for 

12 neglected or delinquent children and youth so that 

13 such children and youth have the opportunity to 

14 meet the same State academic standards that all 

15 children in the State are expected to meet; 

16 ‘‘(2) to provide such children and youth with 

17 the services needed to make a successful transition 

18 from institutionalization to further schooling or em19 ployment; and 

20 ‘‘(3) to prevent at-risk youth from dropping out 

21 of school, and to provide dropouts, and children and 

22 youth returning from correctional facilities or insti23 tutions for neglected or delinquent children and 

24 youth, with a support system to ensure their contin25 ued education. 

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1 ‘‘(b) PROGRAM AUTHORIZED.—From amounts ap2 propriated under section 3(a)(1), the Secretary shall re3 serve 0.3 of one percent to carry out this subpart. 

4 ‘‘(c) GRANTS AWARDED.—From the amounts re5 served under subsection (b) and not reserved under section 

6 1004 and section 1159, the Secretary shall make grants 

7 to State educational agencies that have plans submitted 

8 under section 1154 approved to enable such agencies to 

9 award subgrants to State agencies and local educational 

10 agencies to establish or improve programs of education for 

11 neglected, delinquent, or at-risk children and youth. 

12 ‘‘SEC. 1142. PAYMENTS FOR PROGRAMS UNDER THIS SUB13 PART. 

14 ‘‘(a) AGENCY SUBGRANTS.—Based on the allocation 

15 amount computed under section 1152, the Secretary shall 

16 allocate to each State educational agency an amount nec17 essary to make subgrants to State agencies under chapter 

18 A. 

19 ‘‘(b) LOCAL SUBGRANTS.—Each State shall retain, 

20 for the purpose of carrying out chapter B, funds generated 

21 throughout the State under subpart 1 of this part based 

22 on children and youth residing in local correctional facili23 ties, or attending community day programs for delinquent 

24 children and youth. 

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1 ‘‘CHAPTER A—STATE AGENCY PROGRAMS 

2 ‘‘SEC. 1151. ELIGIBILITY. 

3 ‘‘A State agency is eligible for assistance under this 

4 chapter if such State agency is responsible for providing 

5 free public education for children and youth— 

6 ‘‘(1) in institutions for neglected or delinquent 

7 children and youth; 

8 ‘‘(2) attending community day programs for ne9 glected or delinquent children and youth; or 

10 ‘‘(3) in adult correctional institutions. 

11 ‘‘SEC. 1152. ALLOCATION OF FUNDS. 

12 ‘‘(a) SUBGRANTS TO STATE AGENCIES.— 

13 ‘‘(1) IN GENERAL.—Each State agency de14 scribed in section 1151 (other than an agency in the 

15 Commonwealth of Puerto Rico) is eligible to receive 

16 a subgrant under this chapter, for each fiscal year, 

17 in an amount equal to the product of— 

18 ‘‘(A) the number of neglected or delinquent 

19 children and youth described in section 1151 

20 who— 

21 ‘‘(i) are enrolled for at least 15 hours 

22 per week in education programs in adult 

23 correctional institutions; and 

24 ‘‘(ii) are enrolled for at least 20 hours 

25 per week— 

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1 ‘‘(I) in education programs in in2 stitutions for neglected or delinquent 

3 children and youth; or 

4 ‘‘(II) in community day programs 

5 for neglected or delinquent children 

6 and youth; and 

7 ‘‘(B) 40 percent of the average per-pupil 

8 expenditure in the State, except that the 

9 amount determined under this subparagraph 

10 shall not be less than 32 percent, nor more 

11 than 48 percent, of the average per-pupil ex12 penditure in the United States. 

13 ‘‘(2) SPECIAL RULE.—The number of neglected 

14 or delinquent children and youth determined under 

15 paragraph (1) shall— 

16 ‘‘(A) be determined by the State agency by 

17 a deadline set by the Secretary, except that no 

18 State agency shall be required to determine the 

19 number of such children and youth on a specific 

20 date set by the Secretary; and 

21 ‘‘(B) be adjusted, as the Secretary deter22 mines is appropriate, to reflect the relative 

23 length of such agency’s annual programs. 

24 ‘‘(b) SUBGRANTS TO STATE AGENCIES IN PUERTO

25 RICO.— 

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1 ‘‘(1) IN GENERAL.—For each fiscal year, the 

2 amount of the subgrant which a State agency in the 

3 Commonwealth of Puerto Rico shall be eligible to re4 ceive under this chapter shall be the amount deter5 mined by multiplying the number of children count6 ed under subsection (a)(1)(A) for the Common7 wealth of Puerto Rico by the product of— 

8 ‘‘(A) the percentage which the average per9 pupil expenditure in the Commonwealth of 

10 Puerto Rico is of the lowest average per-pupil 

11 expenditure of any of the 50 States; and 

12 ‘‘(B) 32 percent of the average per-pupil 

13 expenditure in the United States. 

14 ‘‘(2) MINIMUM PERCENTAGE.—The percentage 

15 in paragraph (1)(A) shall not be less than 85 per16 cent. 

17 ‘‘(c) RATABLE REDUCTIONS IN CASE OF INSUFFI18 CIENT APPROPRIATIONS.—If the amount reserved for any 

19 fiscal year for subgrants under subsections (a) and (b) is 

20 insufficient to pay the full amount for which all State 

21 agencies are eligible under such subsections, the Secretary 

22 shall ratably reduce each such amount. 

23 ‘‘SEC. 1153. STATE REALLOCATION OF FUNDS. 

24 ‘‘If a State educational agency determines that a 

25 State agency does not need the full amount of the 

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1 subgrant for which such State agency is eligible under this 

2 chapter for any fiscal year, the State educational agency 

3 may reallocate the amount that will not be needed to other 

4 eligible State agencies that need additional funds to carry 

5 out the purpose of this chapter, in such amounts as the 

6 State educational agency shall determine. 

7 ‘‘SEC. 1154. STATE PLAN AND STATE AGENCY APPLICA8 TIONS. 

9 ‘‘(a) STATE PLAN.— 

10 ‘‘(1) IN GENERAL.—Each State educational 

11 agency that desires to receive a grant under this 

12 chapter shall submit, for approval by the Secretary, 

13 a plan— 

14 ‘‘(A) for meeting the educational needs of 

15 neglected, delinquent, and at-risk children and 

16 youth; 

17 ‘‘(B) for assisting in the transition of chil18 dren and youth from correctional facilities to lo19 cally operated programs; and 

20 ‘‘(C) that is integrated with other pro21 grams under this Act or other Acts, as appro22 priate. 

23 ‘‘(2) CONTENTS.—Each such State plan shall— 

24 ‘‘(A) describe how the State will assess the 

25 effectiveness of the program in improving the 

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1 academic, career, and technical skills of chil2 dren in the program; 

3 ‘‘(B) provide that, to the extent feasible, 

4 such children will have the same opportunities 

5 to achieve as such children would have if such 

6 children were in the schools of local educational 

7 agencies in the State; 

8 ‘‘(C) describe how the State will place a 

9 priority for such children to obtain a regular 

10 high school diploma, to the extent feasible; and 

11 ‘‘(D) contain an assurance that the State 

12 educational agency will— 

13 ‘‘(i) ensure that programs assisted 

14 under this chapter will be carried out in 

15 accordance with the State plan described 

16 in this subsection; 

17 ‘‘(ii) carry out the evaluation require18 ments of section 1171; and 

19 ‘‘(iii) ensure that the State agencies 

20 receiving subgrants under this chapter 

21 comply with all applicable statutory and 

22 regulatory requirements. 

23 ‘‘(3) DURATION OF THE PLAN.—Each such 

24 State plan shall— 

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1 ‘‘(A) remain in effect for the duration of 

2 the State’s participation under this chapter; 

3 and 

4 ‘‘(B) be periodically reviewed and revised 

5 by the State, as necessary, to reflect changes in 

6 the State’s strategies and programs under this 

7 chapter. 

8 ‘‘(b) SECRETARIAL APPROVAL AND PEER REVIEW.— 

9 ‘‘(1) SECRETARIAL APPROVAL.—The Secretary 

10 shall approve each State plan that meets the re11 quirements of this chapter. 

12 ‘‘(2) PEER REVIEW.—The Secretary may review 

13 any State plan with the assistance and advice of in14 dividuals with relevant expertise. 

15 ‘‘(c) STATE AGENCY APPLICATIONS.—Any State 

16 agency that desires to receive funds to carry out a pro17 gram under this chapter shall submit an application to 

18 the State educational agency that— 

19 ‘‘(1) describes the procedures to be used, con20 sistent with the State plan under section 1111, to 

21 assess the educational needs of the children to be 

22 served under this chapter; 

23 ‘‘(2) provide an assurance that in making serv24 ices available to children and youth in adult correc25 tional institutions, priority will be given to such chilmstockstill on DSK4VPTVN1PROD with BILLS

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1 dren and youth who are likely to complete incarcer2 ation within a 2-year period; 

3 ‘‘(3) describes the program, including a budget 

4 for the first year of the program, with annual up5 dates to be provided to the State educational agency; 

6 ‘‘(4) describes how the program will meet the 

7 goals and objectives of the State plan; 

8 ‘‘(5) describes how the State agency will consult 

9 with experts and provide the necessary training for 

10 appropriate staff, to ensure that the planning and 

11 operation of institution-wide projects under section 

12 1156 are of high quality; 

13 ‘‘(6) describes how the programs will be coordi14 nated with other appropriate State and Federal pro15 grams, such as programs under title I of Public Law 

16 105–220, career and technical education programs, 

17 State and local dropout prevention programs, and 

18 special education programs; 

19 ‘‘(7) describes how the State agency will en20 courage correctional facilities receiving funds under 

21 this chapter to coordinate with local educational 

22 agencies or alternative education programs attended 

23 by incarcerated children and youth prior to and after 

24 their incarceration to ensure that student assess25 ments and appropriate academic records are shared 

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1 jointly between the correctional facility and the local 

2 educational agency or alternative education program; 

3 ‘‘(8) describes how appropriate professional de4 velopment will be provided to teachers and other 

5 staff; 

6 ‘‘(9) designates an individual in each affected 

7 correctional facility or institution for neglected or 

8 delinquent children and youth to be responsible for 

9 issues relating to the transition of such children and 

10 youth from such facility or institution to locally op11 erated programs; 

12 ‘‘(10) describes how the State agency will en13 deavor to coordinate with businesses for training and 

14 mentoring for participating children and youth; 

15 ‘‘(11) provides an assurance that the State 

16 agency will assist in locating alternative programs 

17 through which students can continue their education 

18 if the students are not returning to school after leav19 ing the correctional facility or institution for ne20 glected or delinquent children and youth; 

21 ‘‘(12) provides assurances that the State agency 

22 will work with parents to secure parents’ assistance 

23 in improving the educational achievement of their 

24 children and youth, and preventing their children’s 

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1 and youth’s further involvement in delinquent activi2 ties; 

3 ‘‘(13) provides an assurance that the State 

4 agency will work with children and youth with dis5 abilities in order to meet an existing individualized 

6 education program and an assurance that the agen7 cy will notify the child’s or youth’s local school if the 

8 child or youth— 

9 ‘‘(A) is identified as in need of special edu10 cation services while the child or youth is in the 

11 correctional facility or institution for neglected 

12 or delinquent children and youth; and 

13 ‘‘(B) intends to return to the local school; 

14 ‘‘(14) provides an assurance that the State 

15 agency will work with children and youth who 

16 dropped out of school before entering the correc17 tional facility or institution for neglected or delin18 quent children and youth to encourage the children 

19 and youth to reenter school and obtain a regular 

20 high school diploma once the term of the incarcer21 ation is completed, or provide the child or youth with 

22 the skills necessary to gain employment, continue 

23 the education of the child or youth, or obtain a reg24 ular high school diploma or its recognized equivalent 

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1 if the child or youth does not intend to return to 

2 school; 

3 ‘‘(15) provides an assurance that effective 

4 teachers and other qualified staff are trained to 

5 work with children and youth with disabilities and 

6 other students with special needs taking into consid7 eration the unique needs of such students; 

8 ‘‘(16) describes any additional services to be 

9 provided to children and youth, such as career coun10 seling, distance education, and assistance in securing 

11 student loans and grants; and 

12 ‘‘(17) provides an assurance that the program 

13 under this chapter will be coordinated with any pro14 grams operated under the Juvenile Justice and De15 linquency Prevention Act of 1974 (42 U.S.C. 5601 

16 et seq.) or other comparable programs, if applicable. 

17 ‘‘SEC. 1155. USE OF FUNDS. 

18 ‘‘(a) USES.— 

19 ‘‘(1) IN GENERAL.—A State agency shall use 

20 funds received under this chapter only for programs 

21 and projects that— 

22 ‘‘(A) are consistent with the State plan 

23 under section 1154(a); and 

24 ‘‘(B) concentrate on providing participants 

25 with the knowledge and skills needed to make 

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1 a successful transition to secondary school com2 pletion, career or technical training, further 

3 education, or employment without the need for 

4 remediation. 

5 ‘‘(2) PROGRAMS AND PROJECTS.—Such pro6 grams and projects— 

7 ‘‘(A) may include the acquisition of equip8 ment; 

9 ‘‘(B) shall be designed to support edu10 cational services that— 

11 ‘‘(i) except for institution-wide 

12 projects under section 1156, are provided 

13 to children and youth identified by the 

14 State agency as failing, or most at-risk of 

15 failing, to meet the State’s academic stand16 ards; and 

17 ‘‘(ii) supplement and improve the 

18 quality of the educational services provided 

19 to such children and youth by the State 

20 agency; and 

21 ‘‘(iii) afford such children and youth 

22 an opportunity to meet State academic 

23 standards; and 

24 ‘‘(C) shall be carried out in a manner con25 sistent with section 1120A and part C (as apmstockstill on DSK4VPTVN1PROD with BILLS

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1 plied to programs and projects under this chap2 ter). 

3 ‘‘(b) SUPPLEMENT, NOT SUPPLANT.—A program 

4 under this chapter that supplements the number of hours 

5 of instruction students receive from State and local 

6 sources shall be considered to comply with the supplement, 

7 not supplant the requirement of section 1120A (as applied 

8 to this chapter) without regard to the subject areas in 

9 which instruction is given during those hours. 

10 ‘‘SEC. 1156. INSTITUTION-WIDE PROJECTS. 

11 ‘‘A State agency that provides free public education 

12 for children and youth in an institution for neglected or 

13 delinquent children and youth (other than an adult correc14 tional institution) or attending a community day program 

15 for such children and youth may use funds received under 

16 this chapter to serve all children in, and upgrade the entire 

17 educational effort of, that institution or program if the 

18 State agency has developed, and the State educational 

19 agency has approved, a comprehensive plan for that insti20 tution or program that— 

21 ‘‘(1) provides for a comprehensive assessment 

22 of the educational needs of all children and youth in 

23 the institution or program serving juveniles; 

24 ‘‘(2) provides for a comprehensive assessment 

25 of the educational needs of youth aged 20 and 

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1 younger in adult facilities who are expected to com2 plete incarceration within a 2-year period; 

3 ‘‘(3) describes the steps the State agency has 

4 taken, or will take, to provide all children and youth 

5 under age 21 with the opportunity to meet State 

6 academic standards in order to improve the likeli7 hood that the children and youth will complete sec8 ondary school, obtain a regular high school diploma 

9 or its recognized equivalent, or find employment 

10 after leaving the institution; 

11 ‘‘(4) describes the instructional program, spe12 cialized instructional support services, and proce13 dures that will be used to meet the needs described 

14 in paragraph (1), including, to the extent feasible, 

15 the provision of mentors for the children and youth 

16 described in paragraph (1); 

17 ‘‘(5) specifically describes how such funds will 

18 be used; 

19 ‘‘(6) describes the measures and procedures 

20 that will be used to assess and improve student 

21 achievement; 

22 ‘‘(7) describes how the agency has planned, and 

23 will implement and evaluate, the institution-wide or 

24 program-wide project in consultation with personnel 

25 providing direct instructional services and support 

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1 services in institutions or community day programs 

2 for neglected or delinquent children and youth, and 

3 with personnel from the State educational agency; 

4 and 

5 ‘‘(8) includes an assurance that the State agen6 cy has provided for appropriate training for teachers 

7 and other instructional and administrative personnel 

8 to enable such teachers and personnel to carry out 

9 the project effectively. 

10 ‘‘SEC. 1157. THREE-YEAR PROGRAMS OR PROJECTS. 

11 ‘‘If a State agency operates a program or project 

12 under this chapter in which individual children or youth 

13 are likely to participate for more than one year, the State 

14 educational agency may approve the State agency’s appli15 cation for a subgrant under this chapter for a period of 

16 not more than 3 years. 

17 ‘‘SEC. 1158. TRANSITION SERVICES. 

18 ‘‘(a) TRANSITION SERVICES.—Each State agency 

19 shall reserve not less than 15 percent and not more than 

20 30 percent of the amount such agency receives under this 

21 chapter for any fiscal year to support— 

22 ‘‘(1) projects that facilitate the transition of 

23 children and youth from State-operated institutions 

24 to schools served by local educational agencies; or 

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1 ‘‘(2) the successful re-entry of youth offenders, 

2 who are age 20 or younger and have received a reg3 ular high school diploma or its recognized equiva4 lent, into postsecondary education, or career and 

5 technical training programs, through strategies de6 signed to expose the youth to, and prepare the youth 

7 for, postsecondary education, or career and technical 

8 training programs, such as— 

9 ‘‘(A) preplacement programs that allow ad10 judicated or incarcerated youth to audit or at11 tend courses on college, university, or commu12 nity college campuses, or through programs 

13 provided in institutional settings; 

14 ‘‘(B) worksite schools, in which institutions 

15 of higher education and private or public em16 ployers partner to create programs to help stu17 dents make a successful transition to postsec18 ondary education and employment; and 

19 ‘‘(C) essential support services to ensure 

20 the success of the youth, such as— 

21 ‘‘(i) personal, career and technical, 

22 and academic counseling; 

23 ‘‘(ii) placement services designed to 

24 place the youth in a university, college, or 

25 junior college program; 

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1 ‘‘(iii) information concerning, and as2 sistance in obtaining, available student fi3 nancial aid; 

4 ‘‘(iv) counseling services; and 

5 ‘‘(v) job placement services. 

6 ‘‘(b) CONDUCT OF PROJECTS.—A project supported 

7 under this section may be conducted directly by the State 

8 agency, or through a contract or other arrangement with 

9 one or more local educational agencies, other public agen10 cies, or private organizations. 

11 ‘‘(c) RULE OF CONSTRUCTION.—Nothing in this sec12 tion shall be construed to prohibit a school that receives 

13 funds under subsection (a) from serving neglected and de14 linquent children and youth simultaneously with students 

15 with similar educational needs, in the same educational 

16 settings where appropriate. 

17 ‘‘SEC. 1159. TECHNICAL ASSISTANCE. 

18 ‘‘The Secretary shall reserve not more than 1 percent 

19 of the amount reserved under section 1141 to provide 

20 technical assistance to and support State agency programs 

21 assisted under this chapter. 

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1 ‘‘CHAPTER B—LOCAL AGENCY PROGRAMS 

2 ‘‘SEC. 1161. PURPOSE. 

3 ‘‘The purpose of this chapter is to support the oper4 ation of local educational agency programs that involve 

5 collaboration with locally operated correctional facilities— 

6 ‘‘(1) to carry out high quality education pro7 grams to prepare children and youth for secondary 

8 school completion, training, employment, or further 

9 education; 

10 ‘‘(2) to provide activities to facilitate the transi11 tion of such children and youth from the correctional 

12 program to further education or employment; and 

13 ‘‘(3) to operate programs in local schools for 

14 children and youth returning from correctional facili15 ties, and programs which may serve at-risk children 

16 and youth. 

17 ‘‘SEC. 1162. PROGRAMS OPERATED BY LOCAL EDU18 CATIONAL AGENCIES. 

19 ‘‘(a) LOCAL SUBGRANTS.—With funds made avail20 able under section 1142(b), the State educational agency 

21 shall award subgrants to local educational agencies with 

22 high numbers or percentages of children and youth resid23 ing in locally operated (including county operated) correc24 tional facilities for children and youth (including facilities 

25 involved in community day programs). 

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1 ‘‘(b) SPECIAL RULE.—A local educational agency 

2 that serves a school operated by a correctional facility is 

3 not required to operate a program of support for children 

4 and youth returning from such school to a school that is 

5 not operated by a correctional agency but served by such 

6 local educational agency, if more than 30 percent of the 

7 children and youth attending the school operated by the 

8 correctional facility will reside outside the boundaries 

9 served by the local educational agency after leaving such 

10 facility. 

11 ‘‘(c) NOTIFICATION.—A State educational agency 

12 shall notify local educational agencies within the State of 

13 the eligibility of such agencies to receive a subgrant under 

14 this chapter. 

15 ‘‘(d) TRANSITIONAL AND ACADEMIC SERVICES.— 

16 Transitional and supportive programs operated in local 

17 educational agencies under this chapter shall be designed 

18 primarily to meet the transitional and academic needs of 

19 students returning to local educational agencies or alter20 native education programs from correctional facilities. 

21 Services to students at-risk of dropping out of school shall 

22 not have a negative impact on meeting the transitional and 

23 academic needs of the students returning from correc24 tional facilities. 

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1 ‘‘SEC. 1163. LOCAL EDUCATIONAL AGENCY APPLICATIONS. 

2 ‘‘Each local educational agency desiring assistance 

3 under this chapter shall submit an application to the State 

4 educational agency that contains such information as the 

5 State educational agency may require. Each such applica6 tion shall include— 

7 ‘‘(1) a description of the program to be as8 sisted; 

9 ‘‘(2) a description of formal agreements, re10 garding the program to be assisted, between— 

11 ‘‘(A) the local educational agency; and 

12 ‘‘(B) correctional facilities and alternative 

13 school programs serving children and youth in14 volved with the juvenile justice system; 

15 ‘‘(3) as appropriate, a description of how par16 ticipating schools will coordinate with facilities work17 ing with delinquent children and youth to ensure 

18 that such children and youth are participating in an 

19 education program comparable to one operating in 

20 the local school such youth would attend; 

21 ‘‘(4) a description of the program operated by 

22 participating schools for children and youth return23 ing from correctional facilities and, as appropriate, 

24 the types of services that such schools will provide 

25 such children and youth and other at-risk children 

26 and youth; 

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1 ‘‘(5) a description of the characteristics (includ2 ing learning difficulties, substance abuse problems, 

3 and other needs) of the children and youth who will 

4 be returning from correctional facilities and, as ap5 propriate, other at-risk children and youth expected 

6 to be served by the program, and a description of 

7 how the school will coordinate existing educational 

8 programs to meet the unique educational needs of 

9 such children and youth; 

10 ‘‘(6) as appropriate, a description of how 

11 schools will coordinate with existing social, health, 

12 and other services to meet the needs of students re13 turning from correctional facilities and at-risk chil14 dren or youth, including prenatal health care and 

15 nutrition services related to the health of the parent 

16 and the child or youth, parenting and child develop17 ment classes, child care, targeted reentry and out18 reach programs, referrals to community resources, 

19 and scheduling flexibility; 

20 ‘‘(7) as appropriate, a description of any part21 nerships with local businesses to develop training, 

22 curriculum-based youth entrepreneurship education, 

23 and mentoring services for participating students; 

24 ‘‘(8) as appropriate, a description of how the 

25 program will involve parents in efforts to improve 

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1 the educational achievement of their children, assist 

2 in dropout prevention activities, and prevent the in3 volvement of their children in delinquent activities; 

4 ‘‘(9) a description of how the program under 

5 this chapter will be coordinated with other Federal, 

6 State, and local programs, such as programs under 

7 title I of Public Law 105–220 and career and tech8 nical education programs serving at-risk children 

9 and youth; 

10 ‘‘(10) a description of how the program will be 

11 coordinated with programs operated under the Juve12 nile Justice and Delinquency Prevention Act of 1974 

13 and other comparable programs, if applicable; 

14 ‘‘(11) as appropriate, a description of how 

15 schools will work with probation officers to assist in 

16 meeting the needs of children and youth returning 

17 from correctional facilities; 

18 ‘‘(12) a description of the efforts participating 

19 schools will make to ensure correctional facilities 

20 working with children and youth are aware of a 

21 child’s or youth’s existing individualized education 

22 program; and 

23 ‘‘(13) as appropriate, a description of the steps 

24 participating schools will take to find alternative 

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1 tinuing their education but unable to participate in 

2 a traditional public school program. 

3 ‘‘SEC. 1164. USES OF FUNDS. 

4 ‘‘Funds provided to local educational agencies under 

5 this chapter may be used, as appropriate, for— 

6 ‘‘(1) programs that serve children and youth re7 turning to local schools from correctional facilities, 

8 to assist in the transition of such children and youth 

9 to the school environment and help them remain in 

10 school in order to complete their education; 

11 ‘‘(2) dropout prevention programs which serve 

12 at-risk children and youth; 

13 ‘‘(3) the coordination of health and social serv14 ices for such individuals if there is a likelihood that 

15 the provision of such services, including day care, 

16 drug and alcohol counseling, and mental health serv17 ices, will improve the likelihood such individuals will 

18 complete their education; 

19 ‘‘(4) special programs to meet the unique aca20 demic needs of participating children and youth, in21 cluding career and technical education, special edu22 cation, career counseling, curriculum-based youth 

23 entrepreneurship education, and assistance in secur24 ing student loans or grants for postsecondary edu25 cation; and 

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1 ‘‘(5) programs providing mentoring and peer 

2 mediation. 

3 ‘‘SEC. 1165. PROGRAM REQUIREMENTS FOR CORREC4 TIONAL FACILITIES RECEIVING FUNDS 

5 UNDER THIS SECTION. 

6 ‘‘Each correctional facility entering into an agree7 ment with a local educational agency under section 

8 1163(2) to provide services to children and youth under 

9 this chapter shall— 

10 ‘‘(1) where feasible, ensure that educational 

11 programs in the correctional facility are coordinated 

12 with the student’s home school, particularly with re13 spect to a student with an individualized education 

14 program under part B of the Individuals with Dis15 abilities Education Act; 

16 ‘‘(2) if the child or youth is identified as in 

17 need of special education services while in the cor18 rectional facility, notify the local school of the child 

19 or youth of such need; 

20 ‘‘(3) where feasible, provide transition assist21 ance to help the child or youth stay in school, in22 cluding coordination of services for the family, coun23 seling, assistance in accessing drug and alcohol 

24 abuse prevention programs, tutoring, and family 

25 counseling; 

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1 ‘‘(4) provide support programs that encourage 

2 children and youth who have dropped out of school 

3 to re-enter school and obtain a regular high school 

4 diploma once their term at the correctional facility 

5 has been completed, or provide such children and 

6 youth with the skills necessary to gain employment 

7 or seek a regular high school diploma or its recog8 nized equivalent; 

9 ‘‘(5) work to ensure that the correctional facil10 ity is staffed with effective teachers and other quali11 fied staff who are trained to work with children and 

12 youth with disabilities taking into consideration the 

13 unique needs of such children and youth; 

14 ‘‘(6) ensure that educational programs in the 

15 correctional facility are related to assisting students 

16 to meet the States’s academic standards; 

17 ‘‘(7) to the extent possible, use technology to 

18 assist in coordinating educational programs between 

19 the correctional facility and the community school; 

20 ‘‘(8) where feasible, involve parents in efforts to 

21 improve the educational achievement of their chil22 dren and prevent the further involvement of such 

23 children in delinquent activities; 

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1 able to provide services to participating children and 

2 youth, such as funds made available under title I of 

3 Public Law 105–220, and career and technical edu4 cation funds; 

5 ‘‘(10) coordinate programs operated under this 

6 chapter with activities funded under the Juvenile 

7 Justice and Delinquency Prevention Act of 1974 and 

8 other comparable programs, if applicable; 

9 ‘‘(11) if appropriate, work with local businesses 

10 to develop training, curriculum-based youth entre11 preneurship education, and mentoring programs for 

12 children and youth; and 

13 ‘‘(12) consult with the local educational agency 

14 for a period jointly determined necessary by the cor15 rectional facility and local educational agency upon 

16 discharge from that facility to coordinate educational 

17 services so as to minimize disruption to the child’s 

18 or youth’s achievement. 

19 ‘‘SEC. 1166. ACCOUNTABILITY. 

20 ‘‘The State educational agency— 

21 ‘‘(1) may require correctional facilities or insti22 tutions for neglected or delinquent children and 

23 youth to demonstrate, after receiving assistance 

24 under this chapter for 3 years, that there has been 

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1 turning to school, obtaining a regular high school di2 ploma or its recognized equivalent, or obtaining em3 ployment after such children and youth are released; 

4 and 

5 ‘‘(2) may reduce or terminate funding for 

6 projects under this chapter if a local educational 

7 agency does not show progress in the number of 

8 children and youth obtaining a regular high school 

9 diploma or its recognized equivalent. 

10 ‘‘CHAPTER C—GENERAL PROVISIONS 

11 ‘‘SEC. 1171. PROGRAM EVALUATIONS. 

12 ‘‘(a) SCOPE OF EVALUATION.—Each State agency or 

13 local educational agency that conducts a program under 

14 chapters A or B shall evaluate the program, 

15 disaggregating data on participation by gender, race, eth16 nicity, and age, not less than once every 3 years, to deter17 mine the program’s impact on the ability of participants— 

18 ‘‘(1) to maintain and improve educational 

19 achievement; 

20 ‘‘(2) to accrue school credits that meet State re21 quirements for grade promotion and high school 

22 graduation; 

23 ‘‘(3) to make the transition to a regular pro24 gram or other education program operated by a local 

25 educational agency; 

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1 ‘‘(4) to complete high school (or high school 

2 equivalency requirements) and obtain employment 

3 after leaving the correctional facility or institution 

4 for neglected or delinquent children and youth; and 

5 ‘‘(5) as appropriate, to participate in postsec6 ondary education and job training programs. 

7 ‘‘(b) EXCEPTION.—The disaggregation required 

8 under subsection (a) shall not be required in a case in 

9 which the number of students in a category is insufficient 

10 to yield statistically reliable information or the results 

11 would reveal personally identifiable information about an 

12 individual student. 

13 ‘‘(c) EVALUATION MEASURES.—In conducting each 

14 evaluation under subsection (a), a State agency or local 

15 educational agency shall use multiple and appropriate 

16 measures of student progress. 

17 ‘‘(d) EVALUATION RESULTS.—Each State agency 

18 and local educational agency shall— 

19 ‘‘(1) submit evaluation results to the State edu20 cational agency and the Secretary; and 

21 ‘‘(2) use the results of evaluations under this 

22 section to plan and improve subsequent programs 

23 for participating children and youth. 

24 ‘‘SEC. 1172. DEFINITIONS. 

25 ‘‘In this subpart: 

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1 ‘‘(1) ADULT CORRECTIONAL INSTITUTION.— 

2 The term ‘adult correctional institution’ means a fa3 cility in which persons (including persons under 21 

4 years of age) are confined as a result of a conviction 

5 for a criminal offense. 

6 ‘‘(2) AT-RISK.—The term ‘at-risk’, when used 

7 with respect to a child, youth, or student, means a 

8 school-aged individual who 

9 ‘‘(A) is at-risk of academic failure; and 

10 ‘‘(B) has a drug or alcohol problem, is 

11 pregnant or is a parent, has come into contact 

12 with the juvenile justice system in the past, is 

13 at least 1 year behind the expected grade level 

14 for the age of the individual, is an English 

15 learner, is a gang member, has dropped out of 

16 school in the past, or has a high absenteeism 

17 rate at school. 

18 ‘‘(3) COMMUNITY DAY PROGRAM.—The term 

19 ‘community day program’ means a regular program 

20 of instruction provided by a State agency at a com21 munity day school operated specifically for neglected 

22 or delinquent children and youth. 

23 ‘‘(4) INSTITUTION FOR NEGLECTED OR DELIN24 QUENT CHILDREN AND YOUTH.—The term ‘institumstockstill on DSK4VPTVN1PROD with BILLS

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1 tion for neglected or delinquent children and youth’ 

2 means— 

3 ‘‘(A) a public or private residential facility, 

4 other than a foster home, that is operated for 

5 the care of children who have been committed 

6 to the institution or voluntarily placed in the in7 stitution under applicable State law, due to 

8 abandonment, neglect, or death of their parents 

9 or guardians; or 

10 ‘‘(B) a public or private residential facility 

11 for the care of children who have been adju12 dicated to be delinquent or in need of super13 vision. 

14 ‘‘SUBPART 4—ENGLISH LANGUAGE ACQUISITION, LAN15 GUAGE ENHANCEMENT, AND ACADEMIC ACHIEVE16 MENT

17 ‘‘SEC. 1181. PURPOSES. 

18 ‘‘The purposes of this subpart are— 

19 ‘‘(1) to help ensure that English learners, in20 cluding immigrant children and youth, attain 

21 English proficiency and develop high levels of aca22 demic achievement in English; 

23 ‘‘(2) to assist all English learners, including im24 migrant children and youth, to achieve at high levels 

25 in the core academic subjects so that those children 

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1 can meet the same State academic standards that all 

2 children are expected to meet, consistent with sec3 tion 1111(b)(1); 

4 ‘‘(3) to assist State educational agencies, local 

5 educational agencies, and schools in establishing, im6 plementing, and sustaining high-quality, flexible, evi7 dence-based language instruction educational pro8 grams designed to assist in teaching English learn9 ers, including immigrant children and youth; 

10 ‘‘(4) to assist State educational agencies and 

11 local educational agencies to develop and enhance 

12 their capacity to provide high-quality, evidence-based 

13 instructional programs designed to prepare English 

14 learners, including immigrant children and youth, to 

15 enter all-English instruction settings; and 

16 ‘‘(5) to promote parental and community par17 ticipation in language instruction educational pro18 grams for the parents and communities of English 

19 learners. 

20 ‘‘CHAPTER A—GRANTS AND SUBGRANTS FOR 

21 ENGLISH LANGUAGE ACQUISITION AND LAN22 GUAGE ENHANCEMENT 

23 ‘‘SEC. 1191. FORMULA GRANTS TO STATES. 

24 ‘‘(a) IN GENERAL.—In the case of each State edu25 cational agency having a plan approved by the Secretary 

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1 for a fiscal year under section 1192, the Secretary shall 

2 reserve 4.4 percent of funds appropriated under section 

3 3(a)(1) to make a grant for the year to the agency for 

4 the purposes specified in subsection (b). The grant shall 

5 consist of the allotment determined for the State edu6 cational agency under subsection (c). 

7 ‘‘(b) USE OF FUNDS.— 

8 ‘‘(1) SUBGRANTS TO ELIGIBLE ENTITIES.—The 

9 Secretary may make a grant under subsection (a) 

10 only if the State educational agency involved agrees 

11 to expend at least 95 percent of the State edu12 cational agency’s allotment under subsection (c) for 

13 a fiscal year— 

14 ‘‘(A) to award subgrants, from allocations 

15 under section 1193, to eligible entities to carry 

16 out the activities described in section 1194 

17 (other than subsection (e)); and 

18 ‘‘(B) to award subgrants under section 

19 1193(d)(1) to eligible entities that are described 

20 in that section to carry out the activities de21 scribed in section 1194(e). 

22 ‘‘(2) STATE ACTIVITIES.—Subject to paragraph 

23 (3), each State educational agency receiving a grant 

24 under subsection (a) may reserve not more than 5 

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1 percent of the agency’s allotment under subsection 

2 (c) to carry out the following activities: 

3 ‘‘(A) Professional development activities, 

4 and other activities, which may include assisting 

5 personnel in— 

6 ‘‘(i) meeting State and local certifi7 cation and licensing requirements for 

8 teaching English learners; and 

9 ‘‘(ii) improving teacher skills in meet10 ing the diverse needs of English learners, 

11 including in how to implement evidence12 based programs and curricula on teaching 

13 English learners. 

14 ‘‘(B) Planning, evaluation, administration, 

15 and interagency coordination related to the sub16 grants referred to in paragraph (1). 

17 ‘‘(C) Providing technical assistance and 

18 other forms of assistance to eligible entities that 

19 are receiving subgrants from a State edu20 cational agency under this chapter, including 

21 assistance in— 

22 ‘‘(i) identifying and implementing evi23 dence-based language instruction edu24 cational programs and curricula for teach25 ing English learners; 

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1 ‘‘(ii) helping English learners meet 

2 the same State academic standards that all 

3 children are expected to meet; 

4 ‘‘(iii) identifying or developing, and 

5 implementing, measures of English pro6 ficiency; and 

7 ‘‘(iv) strengthening and increasing 

8 parent, family, and community engage9 ment. 

10 ‘‘(D) Providing recognition, which may in11 clude providing financial awards, to subgrantees 

12 that have significantly improved the achieve13 ment and progress of English learners in— 

14 ‘‘(i) reaching English language pro15 ficiency, based on the State’s English lan16 guage proficiency assessment under section 

17 1111(b)(2)(D); and 

18 ‘‘(ii) meeting the State academic 

19 standards under section 1111(b)(1). 

20 ‘‘(3) ADMINISTRATIVE EXPENSES.—From the 

21 amount reserved under paragraph (2), a State edu22 cational agency may use not more than 40 percent 

23 of such amount or $175,000, whichever is greater, 

24 for the planning and administrative costs of carrying 

25 out paragraphs (1) and (2). 

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1 ‘‘(c) RESERVATIONS AND ALLOTMENTS.— 

2 ‘‘(1) RESERVATIONS.—From the amount re3 served under section 1191(a) for each fiscal year, 

4 the Secretary shall reserve— 

5 ‘‘(A) 0.5 percent of such amount for pay6 ments to outlying areas, to be allotted in ac7 cordance with their respective needs for assist8 ance under this chapter, as determined by the 

9 Secretary, for activities, approved by the Sec10 retary, consistent with this chapter; and 

11 ‘‘(B) 6.5 percent of such amount for na12 tional activities under sections 1211 and 1222, 

13 except that not more than $2,000,000 of such 

14 amount may be reserved for the National Clear15 inghouse for English Language Acquisition and 

16 Language Instruction Educational Programs 

17 described in section 1222. 

18 ‘‘(2) STATE ALLOTMENTS.— 

19 ‘‘(A) IN GENERAL.—Except as provided in 

20 subparagraph (B), from the amount reserved 

21 under section 1191(a) for each fiscal year that 

22 remains after making the reservations under 

23 paragraph (1), the Secretary shall allot to each 

24 State educational agency having a plan ap25 proved under section 1192(c)— 

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1 ‘‘(i) an amount that bears the same 

2 relationship to 80 percent of the remainder 

3 as the number of English learners in the 

4 State bears to the number of such children 

5 in all States, as determined by data avail6 able from the American Community Survey 

7 conducted by the Department of Commerce 

8 or State-reported data; and 

9 ‘‘(ii) an amount that bears the same 

10 relationship to 20 percent of the remainder 

11 as the number of immigrant children and 

12 youth in the State bears to the number of 

13 such children and youth in all States, as 

14 determined based only on data available 

15 from the American Community Survey 

16 conducted by the Department of Com17 merce. 

18 ‘‘(B) MINIMUM ALLOTMENTS.—No State 

19 educational agency shall receive an allotment 

20 under this paragraph that is less than 

21 $500,000. 

22 ‘‘(C) REALLOTMENT.—If any State edu23 cational agency described in subparagraph (A) 

24 does not submit a plan to the Secretary for a 

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1 ment to a plan) that the Secretary, after rea2 sonable notice and opportunity for a hearing, 

3 determines does not satisfy the requirements of 

4 this chapter, the Secretary shall reallot any por5 tion of such allotment to the remaining State 

6 educational agencies in accordance with sub7 paragraph (A). 

8 ‘‘(D) SPECIAL RULE FOR PUERTO RICO.— 

9 The total amount allotted to Puerto Rico for 

10 any fiscal year under subparagraph (A) shall 

11 not exceed 0.5 percent of the total amount al12 lotted to all States for that fiscal year. 

13 ‘‘(3) USE OF DATA FOR DETERMINATIONS.—In 

14 making State allotments under paragraph (2) for 

15 each fiscal year, the Secretary shall determine the 

16 number of English learners in a State and in all 

17 States, using the most accurate, up-to-date data, 

18 which shall be— 

19 ‘‘(A) data from the American Community 

20 Survey conducted by the Department of Com21 merce, which may be multiyear estimates; 

22 ‘‘(B) the number of students being as23 sessed for English language proficiency, based 

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1 sessment under section 1111(b)(2)(D), which 

2 may be multiyear estimates; or 

3 ‘‘(C) a combination of data available under 

4 subparagraphs (A) and (B). 

5 ‘‘SEC. 1192. STATE EDUCATIONAL AGENCY PLANS. 

6 ‘‘(a) PLAN REQUIRED.—Each State educational 

7 agency desiring a grant under this chapter shall submit 

8 a plan to the Secretary at such time and in such manner 

9 as the Secretary may require. 

10 ‘‘(b) CONTENTS.—Each plan submitted under sub11 section (a) shall— 

12 ‘‘(1) describe the process that the agency will 

13 use in awarding subgrants to eligible entities under 

14 section 1193(d)(1); 

15 ‘‘(2) provide an assurance that— 

16 ‘‘(A) the agency will ensure that eligible 

17 entities receiving a subgrant under this chapter 

18 comply with the requirement in section 

19 1111(b)(2)(B)(x) to annually assess in English 

20 learners who have been in the United States for 

21 3 or more consecutive years; 

22 ‘‘(B) the agency will ensure that eligible 

23 entities receiving a subgrant under this chapter 

24 annually assess the English proficiency of all 

25 English learners participating in a program 

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1 funded under this chapter, consistent with sec2 tion 1111(b)(2)(D); 

3 ‘‘(C) in awarding subgrants under section 

4 1193, the agency will address the needs of 

5 school systems of all sizes and in all geographic 

6 areas, including school systems with rural and 

7 urban schools; 

8 ‘‘(D) subgrants to eligible entities under 

9 section 1193(d)(1) will be of sufficient size and 

10 scope to allow such entities to carry out high11 quality, evidence-based language instruction 

12 educational programs for English learners; 

13 ‘‘(E) the agency will require an eligible en14 tity receiving a subgrant under this chapter to 

15 use the subgrant in ways that will build such 

16 recipient’s capacity to continue to offer high17 quality evidence-based language instruction edu18 cational programs that assist English learners 

19 in meeting State academic standards; 

20 ‘‘(F) the agency will monitor the eligible 

21 entity receiving a subgrant under this chapter 

22 for compliance with applicable Federal fiscal re23 quirements; and 

24 ‘‘(G) the plan has been developed in con25 sultation with local educational agencies, teachmstockstill on DSK4VPTVN1PROD with BILLS

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1 ers, administrators of programs implemented 

2 under this chapter, parents, and other relevant 

3 stakeholders; 

4 ‘‘(3) describe how the agency will coordinate its 

5 programs and activities under this chapter with 

6 other programs and activities under this Act and 

7 other Acts, as appropriate; 

8 ‘‘(4) describe how eligible entities in the State 

9 will be given the flexibility to teach English learn10 ers— 

11 ‘‘(A) using a high-quality, evidence-based 

12 language instruction curriculum for teaching 

13 English learners; and 

14 ‘‘(B) in the manner the eligible entities de15 termine to be the most effective; and 

16 ‘‘(5) describe how the agency will assist eligible 

17 entities in increasing the number of English learners 

18 who acquire English proficiency. 

19 ‘‘(c) APPROVAL.—The Secretary, after using a peer 

20 review process, shall approve a plan submitted under sub21 section (a) if the plan meets the requirements of this sec22 tion. 

23 ‘‘(d) DURATION OF PLAN.— 

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1 ‘‘(1) IN GENERAL.—Each plan submitted by a 

2 State educational agency and approved under sub3 section (c) shall— 

4 ‘‘(A) remain in effect for the duration of 

5 the agency’s participation under this chapter; 

6 and 

7 ‘‘(B) be periodically reviewed and revised 

8 by the agency, as necessary, to reflect changes 

9 to the agency’s strategies and programs carried 

10 out under this subpart. 

11 ‘‘(2) ADDITIONAL INFORMATION.— 

12 ‘‘(A) AMENDMENTS.—If the State edu13 cational agency amends the plan, the agency 

14 shall submit such amendment to the Secretary. 

15 ‘‘(B) APPROVAL.—The Secretary shall ap16 prove such amendment to an approved plan, 

17 unless the Secretary determines that the 

18 amendment will result in the agency not meet19 ing the requirements, or fulfilling the purposes, 

20 of this subpart. 

21 ‘‘(e) CONSOLIDATED PLAN.—A plan submitted under 

22 subsection (a) may be submitted as part of a consolidated 

23 plan under section 5302. 

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1 ‘‘(f) SECRETARY ASSISTANCE.—The Secretary shall 

2 provide technical assistance, if requested, in the develop3 ment of English proficiency standards and assessments. 

4 ‘‘SEC. 1193. WITHIN-STATE ALLOCATIONS. 

5 ‘‘(a) IN GENERAL.—After making the reservation re6 quired under subsection (d)(1), each State educational 

7 agency receiving a grant under section 1191(c)(2) shall 

8 award subgrants for a fiscal year by allocating in a timely 

9 manner to each eligible entity in the State having a plan 

10 approved under section 1195 an amount that bears the 

11 same relationship to the amount received under the grant 

12 and remaining after making such reservation as the popu13 lation of English learners in schools served by the eligible 

14 entity bears to the population of English learners in 

15 schools served by all eligible entities in the State. 

16 ‘‘(b) LIMITATION.—A State educational agency shall 

17 not award a subgrant from an allocation made under sub18 section (a) if the amount of such subgrant would be less 

19 than $10,000. 

20 ‘‘(c) REALLOCATION.—Whenever a State educational 

21 agency determines that an amount from an allocation 

22 made to an eligible entity under subsection (a) for a fiscal 

23 year will not be used by the entity for the purpose for 

24 which the allocation was made, the agency shall, in accord25 ance with such rules as it determines to be appropriate, 

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1 reallocate such amount, consistent with such subsection, 

2 to other eligible entities in the State that the agency deter3 mines will use the amount to carry out that purpose. 

4 ‘‘(d) REQUIRED RESERVATION.—A State educational 

5 agency receiving a grant under this chapter for a fiscal 

6 year— 

7 ‘‘(1) shall reserve not more than 15 percent of 

8 the agency’s allotment under section 1191(c)(2) to 

9 award subgrants to eligible entities in the State that 

10 have experienced a significant increase, as compared 

11 to the average of the 2 preceding fiscal years, in the 

12 percentage or number of immigrant children and 

13 youth, who have enrolled, during the fiscal year pre14 ceding the fiscal year for which the subgrant is 

15 made, in public and nonpublic elementary schools 

16 and secondary schools in the geographic areas under 

17 the jurisdiction of, or served by, such entities; and 

18 ‘‘(2) in awarding subgrants under paragraph 

19 (1)— 

20 ‘‘(A) shall equally consider eligible entities 

21 that satisfy the requirement of such paragraph 

22 but have limited or no experience in serving im23 migrant children and youth; and 

24 ‘‘(B) shall consider the quality of each 

25 local plan under section 1195 and ensure that 

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1 each subgrant is of sufficient size and scope to 

2 meet the purposes of this subpart. 

3 ‘‘SEC. 1194. SUBGRANTS TO ELIGIBLE ENTITIES. 

4 ‘‘(a) PURPOSES OF SUBGRANTS.—A State edu5 cational agency may make a subgrant to an eligible entity 

6 from funds received by the agency under this chapter only 

7 if the entity agrees to expend the funds to improve the 

8 education of English learners, by assisting the children to 

9 learn English and meet State academic standards. In car10 rying out activities with such funds, the eligible entity 

11 shall use evidence-based approaches and methodologies for 

12 teaching English learners and immigrant children and 

13 youth for the following purposes: 

14 ‘‘(1) Developing and implementing new lan15 guage instruction educational programs and aca16 demic content instruction programs for English 

17 learners and immigrant children and youth, includ18 ing programs of early childhood education, elemen19 tary school programs, and secondary school pro20 grams. 

21 ‘‘(2) Carrying out highly focused, innovative, lo22 cally designed, evidence-based activities to expand or 

23 enhance existing language instruction educational 

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1 grams for English learners and immigrant children 

2 and youth. 

3 ‘‘(3) Implementing, within an individual school, 

4 schoolwide programs for restructuring, reforming, 

5 and upgrading all relevant programs, activities, and 

6 operations relating to language instruction edu7 cational programs and academic content instruction 

8 for English learners and immigrant children and 

9 youth. 

10 ‘‘(4) Implementing, within the entire jurisdic11 tion of a local educational agency, agencywide pro12 grams for restructuring, reforming, and upgrading 

13 all relevant programs, activities, and operations re14 lating to language instruction educational programs 

15 and academic content instruction for English learn16 ers and immigrant children and youth. 

17 ‘‘(b) ADMINISTRATIVE EXPENSES.—Each eligible en18 tity receiving funds under section 1193(a) for a fiscal year 

19 shall use not more than 2 percent of such funds for the 

20 cost of administering this chapter. 

21 ‘‘(c) REQUIRED SUBGRANTEE ACTIVITIES.—An eligi22 ble entity receiving funds under section 1193(a) shall use 

23 the funds— 

24 ‘‘(1) to increase the English language pro25 ficiency of English learners by providing high-qualmstockstill on DSK4VPTVN1PROD with BILLS

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1 ity, evidence-based language instruction educational 

2 programs that meet the needs of English learners 

3 and have demonstrated success in increasing— 

4 ‘‘(A) English language proficiency; and 

5 ‘‘(B) student academic achievement in the 

6 core academic subjects; 

7 ‘‘(2) to provide high-quality, evidence-based 

8 professional development to classroom teachers (in9 cluding teachers in classroom settings that are not 

10 the settings of language instruction educational pro11 grams), school leaders, administrators, and other 

12 school or community-based organization personnel, 

13 that is— 

14 ‘‘(A) designed to improve the instruction 

15 and assessment of English learners; 

16 ‘‘(B) designed to enhance the ability of 

17 teachers and school leaders to understand and 

18 implement curricula, assessment practices and 

19 measures, and instruction strategies for English 

20 learners; 

21 ‘‘(C) evidence-based in increasing chil22 dren’s English language proficiency or substan23 tially increasing the subject matter knowledge, 

24 teaching knowledge, and teaching skills of 

25 teachers; and 

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1 ‘‘(D) of sufficient intensity and duration 

2 (which shall not include activities such as one3 day or short-term workshops and conferences) 

4 to have a positive and lasting impact on the 

5 teachers’ performance in the classroom, except 

6 that this subparagraph shall not apply to an ac7 tivity that is one component of a long-term, 

8 comprehensive professional development plan 

9 established by a teacher and the teacher’s su10 pervisor based on an assessment of the needs of 

11 the teacher, the supervisor, the students of the 

12 teacher, and any local educational agency em13 ploying the teacher, as appropriate; and 

14 ‘‘(3) to provide and implement other evidence15 based activities and strategies that enhance or sup16 plement language instruction educational programs 

17 for English learners, including parental and commu18 nity engagement activities and strategies that serve 

19 to coordinate and align related programs. 

20 ‘‘(d) AUTHORIZED SUBGRANTEE ACTIVITIES.—Sub21 ject to subsection (c), an eligible entity receiving funds 

22 under section 1193(a) may use the funds to achieve one 

23 of the purposes described in subsection (a) by undertaking 

24 one or more of the following activities: 

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1 ‘‘(1) Upgrading program objectives and effec2 tive instruction strategies. 

3 ‘‘(2) Improving the instruction program for 

4 English learners by identifying, acquiring, and up5 grading curricula, instruction materials, educational 

6 software, and assessment procedures. 

7 ‘‘(3) Providing to English learners— 

8 ‘‘(A) tutorials and academic or career edu9 cation for English learners; and 

10 ‘‘(B) intensified instruction. 

11 ‘‘(4) Developing and implementing elementary 

12 school or secondary school language instruction edu13 cational programs that are coordinated with other 

14 relevant programs and services. 

15 ‘‘(5) Improving the English language pro16 ficiency and academic achievement of English learn17 ers. 

18 ‘‘(6) Providing community participation pro19 grams, family literacy services, and parent outreach 

20 and training activities to English learners and their 

21 families— 

22 ‘‘(A) to improve the English language 

23 skills of English learners; and 

24 ‘‘(B) to assist parents in helping their chil25 dren to improve their academic achievement 

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1 and becoming active participants in the edu2 cation of their children. 

3 ‘‘(7) Improving the instruction of English learn4 ers by providing for— 

5 ‘‘(A) the acquisition or development of 

6 educational technology or instructional mate7 rials; 

8 ‘‘(B) access to, and participation in, elec9 tronic networks for materials, training, and 

10 communication; and 

11 ‘‘(C) incorporation of the resources de12 scribed in subparagraphs (A) and (B) into cur13 ricula and programs, such as those funded 

14 under this chapter. 

15 ‘‘(8) Carrying out other activities that are con16 sistent with the purposes of this section. 

17 ‘‘(e) ACTIVITIES BY AGENCIES EXPERIENCING SUB18 STANTIAL INCREASES IN IMMIGRANT CHILDREN AND

19 YOUTH.— 

20 ‘‘(1) IN GENERAL.—An eligible entity receiving 

21 funds under section 1193(d)(1) shall use the funds 

22 to pay for activities that provide enhanced instruc23 tional opportunities for immigrant children and 

24 youth, which may include— 

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1 ‘‘(A) family literacy, parent outreach, and 

2 training activities designed to assist parents to 

3 become active participants in the education of 

4 their children; 

5 ‘‘(B) support for personnel, including para6 professionals who have been specifically trained, 

7 or are being trained, to provide services to im8 migrant children and youth; 

9 ‘‘(C) provision of tutorials, mentoring, and 

10 academic or career counseling for immigrant 

11 children and youth; 

12 ‘‘(D) identification, development, and ac13 quisition of curricular materials, educational 

14 software, and technologies to be used in the 

15 program carried out with awarded funds; 

16 ‘‘(E) basic instruction services that are di17 rectly attributable to the presence in the local 

18 educational agency involved of immigrant chil19 dren and youth, including the payment of costs 

20 of providing additional classroom supplies, costs 

21 of transportation, or such other costs as are di22 rectly attributable to such additional basic in23 struction services; 

24 ‘‘(F) other instruction services that are de25 signed to assist immigrant children and youth 

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1 to achieve in elementary schools and secondary 

2 schools in the United States, such as programs 

3 of introduction to the educational system and 

4 civics education; and 

5 ‘‘(G) activities, coordinated with commu6 nity-based organizations, institutions of higher 

7 education, private sector entities, or other enti8 ties with expertise in working with immigrants, 

9 to assist parents of immigrant children and 

10 youth by offering comprehensive community 

11 services. 

12 ‘‘(2) DURATION OF SUBGRANTS.—The duration 

13 of a subgrant made by a State educational agency 

14 under section 1193(d)(1) shall be determined by the 

15 agency in its discretion. 

16 ‘‘(f) SELECTION OF METHOD OF INSTRUCTION.— 

17 ‘‘(1) IN GENERAL.—To receive a subgrant from 

18 a State educational agency under this chapter, an el19 igible entity shall select one or more methods or 

20 forms of instruction to be used in the programs and 

21 activities undertaken by the entity to assist English 

22 learners to attain English language proficiency and 

23 meet State academic standards. 

24 ‘‘(2) CONSISTENCY.—Such selection shall be 

25 consistent with sections 1204 through 1206. 

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1 ‘‘(g) SUPPLEMENT, NOT SUPPLANT.—Federal funds 

2 made available under this chapter shall be used so as to 

3 supplement the level of Federal, State, and local public 

4 funds that, in the absence of such availability, would have 

5 been expended for programs for English learners and im6 migrant children and youth and in no case to supplant 

7 such Federal, State, and local public funds. 

8 ‘‘SEC. 1195. LOCAL PLANS. 

9 ‘‘(a) PLAN REQUIRED.—Each eligible entity desiring 

10 a subgrant from the State educational agency under sec11 tion 1193 shall submit a plan to the State educational 

12 agency at such time, in such manner, and containing such 

13 information as the State educational agency may require. 

14 ‘‘(b) CONTENTS.—Each plan submitted under sub15 section (a) shall— 

16 ‘‘(1) describe the evidence-based programs and 

17 activities proposed to be developed, implemented, 

18 and administered under the subgrant that will help 

19 English learners increase their English language 

20 proficiency and meet the State academic standards; 

21 ‘‘(2) describe how the eligible entity will hold el22 ementary schools and secondary schools receiving 

23 funds under this chapter accountable for annually 

24 assessing the English language proficiency of all 

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1 children participating under this subpart, consistent 

2 with section 1111(b); 

3 ‘‘(3) describe how the eligible entity will pro4 mote parent and community engagement in the edu5 cation of English learners; 

6 ‘‘(4) contain an assurance that the eligible enti7 ty consulted with teachers, researchers, school ad8 ministrators, parents and community members, pub9 lic or private organizations, and institutions of high10 er education, in developing and implementing such 

11 plan; 

12 ‘‘(5) describe how language instruction edu13 cational programs carried out under the subgrant 

14 will ensure that English learners being served by the 

15 programs develop English language proficiency; and 

16 ‘‘(6) contain assurances that— 

17 ‘‘(A) each local educational agency that is 

18 included in the eligible entity is complying with 

19 section 1112(g) prior to, and throughout, each 

20 school year; and 

21 ‘‘(B) the eligible entity is not in violation 

22 of any State law, including State constitutional 

23 law, regarding the education of English learn24 ers, consistent with sections 1205 and 1206. 

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1 ‘‘(c) TEACHER ENGLISH FLUENCY.—Each eligible 

2 entity receiving a subgrant under section 1193 shall in3 clude in its plan a certification that all teachers in any 

4 language instruction educational program for English 

5 learners that is, or will be, funded under this subpart are 

6 fluent in English and any other language used for instruc7 tion, including having written and oral communications 

8 skills. 

9 ‘‘CHAPTER B—ADMINISTRATION 

10 ‘‘SEC. 1201. REPORTING. 

11 ‘‘(a) IN GENERAL.—Each eligible entity that receives 

12 a subgrant from a State educational agency under chapter 

13 A shall provide such agency, at the conclusion of every 

14 second fiscal year during which the subgrant is received, 

15 with a report, in a form prescribed by the agency, that 

16 includes— 

17 ‘‘(1) a description of the programs and activi18 ties conducted by the entity with funds received 

19 under chapter A during the two immediately pre20 ceding fiscal years, including how such programs 

21 and activities supplemented programs funded pri22 marily with State or local funds; 

23 ‘‘(2) a description of the progress made by 

24 English learners in learning the English language 

25 and in meeting State academic standards; 

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1 ‘‘(3) the number and percentage of English 

2 learners in the programs and activities attaining 

3 English language proficiency based on the State 

4 English language proficiency standards established 

5 under section 1111(b)(1)(E) by the end of each 

6 school year, as determined by the State’s English 

7 language proficiency assessment under section 

8 1111(b)(2)(D); 

9 ‘‘(4) the number of English learners who exit 

10 the language instruction educational programs based 

11 on their attainment of English language proficiency 

12 and transitioned to classrooms not tailored for 

13 English learners; 

14 ‘‘(5) a description of the progress made by 

15 English learners in meeting the State academic 

16 standards for each of the 2 years after such children 

17 are no longer receiving services under this subpart; 

18 ‘‘(6) the number and percentage of English 

19 learners who have not attained English language 

20 proficiency within five years of initial classification 

21 as an English learner and first enrollment in the 

22 local educational agency; and 

23 ‘‘(7) any such other information as the State 

24 educational agency may require. 

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1 ‘‘(b) USE OF REPORT.—A report provided by an eli2 gible entity under subsection (a) shall be used by the enti3 ty and the State educational agency— 

4 ‘‘(1) to determine the effectiveness of programs 

5 and activities in assisting children who are English 

6 learners— 

7 ‘‘(A) to attain English language pro8 ficiency; and 

9 ‘‘(B) to make progress in meeting State 

10 academic standards under section 1111(b)(1); 

11 and 

12 ‘‘(2) upon determining the effectiveness of pro13 grams and activities based on the criteria in para14 graph (1), to decide how to improve programs. 

15 ‘‘SEC. 1202. ANNUAL REPORT. 

16 ‘‘(a) STATES.—Based upon the reports provided to 

17 a State educational agency under section 1201, each such 

18 agency that receives a grant under this subpart shall pre19 pare and submit annually to the Secretary a report on pro20 grams and activities carried out by the State educational 

21 agency under this subpart and the effectiveness of such 

22 programs and activities in improving the education pro23 vided to English learners. 

24 ‘‘(b) SECRETARY.—Annually, the Secretary shall pre25 pare and submit to the Committee on Education and the 

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1 Workforce of the House of Representatives and the Com2 mittee on Health, Education, Labor, and Pensions of the 

3 Senate a report— 

4 ‘‘(1) on programs and activities carried out to 

5 serve English learners under this subpart, and the 

6 effectiveness of such programs and activities in im7 proving the academic achievement and English lan8 guage proficiency of English learners; 

9 ‘‘(2) on the types of language instruction edu10 cational programs used by local educational agencies 

11 or eligible entities receiving funding under this sub12 part to teach English learners; 

13 ‘‘(3) containing a critical synthesis of data re14 ported by eligible entities to States under section 

15 1201(a); 

16 ‘‘(4) containing a description of technical assist17 ance and other assistance provided by State edu18 cational agencies under section 1191(b)(2)(C); 

19 ‘‘(5) containing an estimate of the number of 

20 effective teachers working in language instruction 

21 educational programs and educating English learn22 ers, and an estimate of the number of such teachers 

23 that will be needed for the succeeding 5 fiscal years; 

24 ‘‘(6) containing the number of programs or ac25 tivities, if any, that were terminated because the enmstockstill on DSK4VPTVN1PROD with BILLS

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1 tities carrying out the programs or activities were 

2 not able to reach program goals; 

3 ‘‘(7) containing the number of English learners 

4 served by eligible entities receiving funding under 

5 this subpart who were transitioned out of language 

6 instruction educational programs funded under this 

7 subpart into classrooms where instruction is not tai8 lored for English learners; and 

9 ‘‘(8) containing other information gathered 

10 from other reports submitted to the Secretary under 

11 this subpart when applicable. 

12 ‘‘SEC. 1203. COORDINATION WITH RELATED PROGRAMS. 

13 ‘‘In order to maximize Federal efforts aimed at serv14 ing the educational needs of English learners, the Sec15 retary shall coordinate and ensure close cooperation with 

16 other entities carrying out programs serving language-mi17 nority and English learners that are administered by the 

18 Department and other agencies. 

19 ‘‘SEC. 1204. RULES OF CONSTRUCTION. 

20 ‘‘Nothing in this subpart shall be construed— 

21 ‘‘(1) to prohibit a local educational agency from 

22 serving English learners simultaneously with chil23 dren with similar educational needs, in the same 

24 educational settings where appropriate; 

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1 ‘‘(2) to require a State or a local educational 

2 agency to establish, continue, or eliminate any par3 ticular type of instructional program for English 

4 learners; or 

5 ‘‘(3) to limit the preservation or use of Native 

6 American languages. 

7 ‘‘SEC. 1205. LEGAL AUTHORITY UNDER STATE LAW. 

8 ‘‘Nothing in this subpart shall be construed to negate 

9 or supersede State law, or the legal authority under State 

10 law of any State agency, State entity, or State public offi11 cial, over programs that are under the jurisdiction of the 

12 State agency, entity, or official. 

13 ‘‘SEC. 1206. CIVIL RIGHTS. 

14 ‘‘Nothing in this subpart shall be construed in a man15 ner inconsistent with any Federal law guaranteeing a civil 

16 right. 

17 ‘‘SEC. 1207. PROGRAMS FOR NATIVE AMERICANS AND 

18 PUERTO RICO. 

19 ‘‘Notwithstanding any other provision of this subpart, 

20 programs authorized under this subpart that serve Native 

21 American (including Native American Pacific Islander) 

22 children and children in the Commonwealth of Puerto Rico 

23 may include programs of instruction, teacher training, 

24 curriculum development, evaluation, and assessment de25 signed for Native American children learning and studying 

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1 Native American languages and children of limited Span2 ish proficiency, except that an outcome of programs serv3 ing such children shall be increased English proficiency 

4 among such children. 

5 ‘‘SEC. 1208. PROHIBITION. 

6 ‘‘In carrying out this subpart, the Secretary shall nei7 ther mandate nor preclude the use of a particular cur8 ricular or pedagogical approach to educating English 

9 learners. 

10 ‘‘CHAPTER C—NATIONAL ACTIVITIES 

11 ‘‘SEC. 1211. NATIONAL PROFESSIONAL DEVELOPMENT 

12 PROJECT. 

13 ‘‘The Secretary shall use funds made available under 

14 section 1191(c)(1)(B) to award grants on a competitive 

15 basis, for a period of not more than 5 years, to institutions 

16 of higher education or public or private organizations with 

17 relevant experience and capacity (in consortia with State 

18 educational agencies or local educational agencies) to pro19 vide for professional development activities that will im20 prove classroom instruction for English learners and assist 

21 educational personnel working with such children to meet 

22 high professional standards, including standards for cer23 tification and licensure as teachers who work in language 

24 instruction educational programs or serve English learn25 ers. Grants awarded under this subsection may be used— 

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1 ‘‘(1) for preservice, evidence-based professional 

2 development programs that will assist local schools 

3 and institutions of higher education to upgrade the 

4 qualifications and skills of educational personnel who 

5 are not certified or licensed, especially educational 

6 paraprofessionals; 

7 ‘‘(2) for the development of curricula or other 

8 instructional strategies appropriate to the needs of 

9 the consortia participants involved; 

10 ‘‘(3) to support strategies that strengthen and 

11 increase parent and community member engagement 

12 in the education of English learners; and 

13 ‘‘(4) to share and disseminate evidence-based 

14 practices in the instruction of English learners and 

15 in increasing their student achievement. 

16 ‘‘CHAPTER D—GENERAL PROVISIONS 

17 ‘‘SEC. 1221. DEFINITIONS. 

18 ‘‘Except as otherwise provided, in this subpart: 

19 ‘‘(1) CHILD.—The term ‘child’ means any indi20 vidual aged 3 through 21. 

21 ‘‘(2) COMMUNITY-BASED ORGANIZATION.—The 

22 term ‘community-based organization’ means a pri23 vate nonprofit organization of demonstrated effec24 tiveness, Indian tribe, or tribally sanctioned edu25 cational authority, that is representative of a commstockstill on DSK4VPTVN1PROD with BILLS

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1 munity or significant segments of a community and 

2 that provides educational or related services to indi3 viduals in the community. Such term includes a Na4 tive Hawaiian or Native American Pacific Islander 

5 native language educational organization. 

6 ‘‘(3) ELIGIBLE ENTITY.—The term ‘eligible en7 tity’ means— 

8 ‘‘(A) one or more local educational agen9 cies; or 

10 ‘‘(B) one or more local educational agen11 cies, in consortia (or collaboration) with an in12 stitution of higher education, community-based 

13 organization, or State educational agency. 

14 ‘‘(4) IMMIGRANT CHILDREN AND YOUTH.—The 

15 term ‘immigrant children and youth’ means individ16 uals who— 

17 ‘‘(A) are age 3 through 21; 

18 ‘‘(B) were not born in any State; and 

19 ‘‘(C) have not been attending one or more 

20 schools in any one or more States for more 

21 than 3 full academic years. 

22 ‘‘(5) INDIAN TRIBE.—The term ‘Indian tribe’ 

23 means any Indian tribe, band, nation, or other orga24 nized group or community, including any Native vil25 lage or Regional Corporation or Village Corporation 

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1 as defined in or established pursuant to the Alaska 

2 Native Claims Settlement Act, that is recognized as 

3 eligible for the special programs and services pro4 vided by the United States to Indians because of 

5 their status as Indians. 

6 ‘‘(6) LANGUAGE INSTRUCTION EDUCATIONAL

7 PROGRAM.—The term ‘language instruction edu8 cational program’ means an instruction course— 

9 ‘‘(A) in which an English learner is placed 

10 for the purpose of developing and attaining 

11 English language proficiency, while meeting 

12 State academic standards, as required by sec13 tion 1111(b)(1); and 

14 ‘‘(B) that may make instructional use of 

15 both English and a child’s native language to 

16 enable the child to develop and attain English 

17 language proficiency, and may include the par18 ticipation of English language proficient chil19 dren if such course is designed to enable all 

20 participating children to become proficient in 

21 English and a second language. 

22 ‘‘(7) NATIVE AMERICAN AND NATIVE AMERICAN

23 LANGUAGE.—The terms ‘Native American’ and ‘Na24 tive American language’ shall have the meanings 

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1 given such terms in section 103 of the Native Amer2 ican Languages Act. 

3 ‘‘(8) NATIVE LANGUAGE.—The term ‘native 

4 language’, when used with reference to English 

5 learner, means— 

6 ‘‘(A) the language normally used by such 

7 individual; or 

8 ‘‘(B) in the case of a child or youth, the 

9 language normally used by the parents of the 

10 child or youth. 

11 ‘‘(9) PARAPROFESSIONAL.—The term ‘para12 professional’ means an individual who is employed in 

13 a preschool, elementary school, or secondary school 

14 under the supervision of a certified or licensed teach15 er, including individuals employed in language in16 struction educational programs, special education, 

17 and migratory education. 

18 ‘‘(10) STATE.—The term ‘State’ means each of 

19 the 50 States, the District of Columbia, and the 

20 Commonwealth of Puerto Rico. 

21 ‘‘SEC. 1222. NATIONAL CLEARINGHOUSE. 

22 ‘‘The Secretary shall establish and support the oper23 ation of a National Clearinghouse for English Language 

24 Acquisition and Language Instruction Educational Pro25 grams, which shall collect, analyze, synthesize, and dismstockstill on DSK4VPTVN1PROD with BILLS

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1 seminate information about language instruction edu2 cational programs for English learners, and related pro3 grams. The National Clearinghouse shall— 

4 ‘‘(1) be administered as an adjunct clearing5 house of the Educational Resources Information 

6 Center Clearinghouses system supported by the In7 stitute of Education Sciences; 

8 ‘‘(2) coordinate activities with Federal data and 

9 information clearinghouses and entities operating 

10 Federal dissemination networks and systems; 

11 ‘‘(3) develop a system for improving the oper12 ation and effectiveness of federally funded language 

13 instruction educational programs; and 

14 ‘‘(4) collect and disseminate information on— 

15 ‘‘(A) educational research and processes 

16 related to the education of English learners; 

17 and 

18 ‘‘(B) accountability systems that monitor 

19 the academic progress of English learners in 

20 language instruction educational programs, in21 cluding information on academic content and 

22 English language proficiency assessments for 

23 language instruction educational programs; and 

24 ‘‘(5) publish, on an annual basis, a list of grant 

25 recipients under this subpart. 

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1 ‘‘SEC. 1223. REGULATIONS. 

2 ‘‘In developing regulations under this subpart, the 

3 Secretary shall consult with State educational agencies 

4 and local educational agencies, organizations representing 

5 English learners, and organizations representing teachers 

6 and other personnel involved in the education of English 

7 learners. 

8 ‘‘SUBPART 5—RURAL EDUCATION ACHIEVEMENT

9 PROGRAM

10 ‘‘SEC. 1230. PURPOSE. 

11 ‘‘It is the purpose of this subpart to address the 

12 unique needs of rural school districts that frequently— 

13 ‘‘(1) lack the personnel and resources needed to 

14 compete effectively for Federal competitive grants; 

15 and 

16 ‘‘(2) receive formula grant allocations in 

17 amounts too small to be effective in meeting their in18 tended purposes. 

19 ‘‘CHAPTER A—SMALL, RURAL SCHOOL 

20 ACHIEVEMENT PROGRAM 

21 ‘‘SEC. 1231. GRANT PROGRAM AUTHORIZED. 

22 ‘‘(a) IN GENERAL.—From amounts appropriated 

23 under section 3(a)(1) for a fiscal year, the Secretary shall 

24 reserve .55 of one percent to award grants to eligible local 

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1 cies to carry out activities authorized under any of the 

2 following provisions: 

3 ‘‘(1) Part A of title I. 

4 ‘‘(2) Title II. 

5 ‘‘(3) Title III. 

6 ‘‘(b) ALLOCATION.— 

7 ‘‘(1) IN GENERAL.—Except as provided in para8 graph (3), the Secretary shall award a grant under 

9 subsection (a) to a local educational agency eligible 

10 under subsection (d) for a fiscal year in an amount 

11 equal to the initial amount determined under para12 graph (2) for the fiscal year minus the total amount 

13 received by the agency in subpart 2 of part A of title 

14 II for the preceding fiscal year. 

15 ‘‘(2) DETERMINATION OF INITIAL AMOUNT.— 

16 The initial amount referred to in paragraph (1) is 

17 equal to $100 multiplied by the total number of stu18 dents in excess of 50 students, in average daily at19 tendance at the schools served by the local edu20 cational agency, plus $20,000, except that the initial 

21 amount may not exceed $60,000. 

22 ‘‘(3) RATABLE ADJUSTMENT.— 

23 ‘‘(A) IN GENERAL.—If the amount made 

24 available to carry out this section for any fiscal 

25 year is not sufficient to pay in full the amounts 

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1 that local educational agencies are eligible to re2 ceive under paragraph (1) for such year, the 

3 Secretary shall ratably reduce such amounts for 

4 such year. 

5 ‘‘(B) ADDITIONAL AMOUNTS.—If addi6 tional funds become available for making pay7 ments under paragraph (1) for such fiscal year, 

8 payments that were reduced under subpara9 graph (A) shall be increased on the same basis 

10 as such payments were reduced. 

11 ‘‘(c) DISBURSEMENT.—The Secretary shall disburse 

12 the funds awarded to a local educational agency under this 

13 section for a fiscal year not later than July 1 of that fiscal 

14 year. 

15 ‘‘(d) ELIGIBILITY.— 

16 ‘‘(1) IN GENERAL.—A local educational agency 

17 shall be eligible to use the applicable funding in ac18 cordance with subsection (a) if— 

19 ‘‘(A)(i)(I) the total number of students in 

20 average daily attendance at all of the schools 

21 served by the local educational agency is fewer 

22 than 600; or 

23 ‘‘(II) each county in which a school served 

24 by the local educational agency is located has a 

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1 total population density of fewer than 10 per2 sons per square mile; and 

3 ‘‘(ii) all of the schools served by the local 

4 educational agency are designated with a school 

5 locale code of 41, 42, or 43, as determined by 

6 the Secretary; or 

7 ‘‘(B) the agency meets the criteria estab8 lished in subparagraph (A)(i) and the Sec9 retary, in accordance with paragraph (2), 

10 grants the local educational agency’s request to 

11 waive the criteria described in subparagraph 

12 (A)(ii). 

13 ‘‘(2) CERTIFICATION.—The Secretary shall de14 termine whether to waive the criteria described in 

15 paragraph (1)(A)(ii) based on a demonstration by 

16 the local educational agency, and concurrence by the 

17 State educational agency, that the local educational 

18 agency is located in an area defined as rural by a 

19 governmental agency of the State. 

20 ‘‘(3) HOLD HARMLESS.—For a local edu21 cational agency that is not eligible under this chap22 ter but met the eligibility requirements under this 

23 subsection as it was in effect prior to the date of the 

24 enactment of the Student Success Act, the agency 

25 shall receive— 

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1 ‘‘(A) for fiscal year 2013, 75 percent of 

2 the amount such agency received for fiscal year 

3 2012; 

4 ‘‘(B) for fiscal year 2014, 50 percent of 

5 the amount such agency received for fiscal year 

6 2012; and 

7 ‘‘(C) for fiscal year 2015, 25 percent of 

8 the amount such agency received for fiscal year 

9 2012. 

10 ‘‘(e) SPECIAL ELIGIBILITY RULE.—A local edu11 cational agency that receives a grant under this chapter 

12 for a fiscal year is not eligible to receive funds for such 

13 fiscal year under chapter B. 

14 ‘‘CHAPTER B—RURAL AND LOW-INCOME SCHOOL 

15 PROGRAM 

16 ‘‘SEC. 1235. PROGRAM AUTHORIZED. 

17 ‘‘(a) GRANTS TO STATES.— 

18 ‘‘(1) IN GENERAL.—From amounts appro19 priated under section 3(a)(1) for a fiscal year, the 

20 Secretary shall reserve .55 of one percent to for this 

21 chapter for a fiscal year that are not reserved under 

22 subsection (c) to award grants (from allotments 

23 made under paragraph (2)) for the fiscal year to 

24 State educational agencies that have applications 

25 submitted under section 1237 approved to enable the 

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1 State educational agencies to award grants to eligi2 ble local educational agencies for local authorized ac3 tivities described in section 1236(a). 

4 ‘‘(2) ALLOTMENT.—From amounts described in 

5 paragraph (1) for a fiscal year, the Secretary shall 

6 allot to each State educational agency for that fiscal 

7 year an amount that bears the same ratio to those 

8 amounts as the number of students in average daily 

9 attendance served by eligible local educational agen10 cies in the State for that fiscal year bears to the 

11 number of all such students served by eligible local 

12 educational agencies in all States for that fiscal 

13 year. 

14 ‘‘(3) SPECIALLY QUALIFIED AGENCIES.— 

15 ‘‘(A) ELIGIBILITY AND APPLICATION.—If a 

16 State educational agency elects not to partici17 pate in the program under this subpart or does 

18 not have an application submitted under section 

19 1237 approved, a specially qualified agency in 

20 such State desiring a grant under this subpart 

21 may submit an application under such section 

22 directly to the Secretary to receive an award 

23 under this subpart. 

24 ‘‘(B) DIRECT AWARDS.—The Secretary 

25 may award, on a competitive basis or by formstockstill on DSK4VPTVN1PROD with BILLS

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1 mula, the amount the State educational agency 

2 is eligible to receive under paragraph (2) di3 rectly to a specially qualified agency in the 

4 State that has submitted an application in ac5 cordance with subparagraph (A) and obtained 

6 approval of the application. 

7 ‘‘(C) SPECIALLY QUALIFIED AGENCY DE8 FINED.—In this subpart, the term ‘specially 

9 qualified agency’ means an eligible local edu10 cational agency served by a State educational 

11 agency that does not participate in a program 

12 under this subpart in a fiscal year, that may 

13 apply directly to the Secretary for a grant in 

14 such year under this subsection. 

15 ‘‘(b) LOCAL AWARDS.— 

16 ‘‘(1) ELIGIBILITY.—A local educational agency 

17 shall be eligible to receive a grant under this subpart 

18 if— 

19 ‘‘(A) 20 percent or more of the children 

20 ages 5 through 17 years served by the local 

21 educational agency are from families with in22 comes below the poverty line; and 

23 ‘‘(B) all of the schools served by the agen24 cy are designated with a school locale code of 

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1 32, 33, 41, 42, 43, as determined by the Sec2 retary. 

3 ‘‘(2) AWARD BASIS.—A State educational agen4 cy shall award grants to eligible local educational 

5 agencies— 

6 ‘‘(A) on a competitive basis; 

7 ‘‘(B) according to a formula based on the 

8 number of students in average daily attendance 

9 served by the eligible local educational agencies 

10 or schools in the State; or 

11 ‘‘(C) according to an alternative formula, 

12 if, prior to awarding the grants, the State edu13 cational agency demonstrates, to the satisfac14 tion of the Secretary, that the alternative for15 mula enables the State educational agency to 

16 allot the grant funds in a manner that serves 

17 equal or greater concentrations of children from 

18 families with incomes below the poverty line, 

19 relative to the concentrations that would be 

20 served if the State educational agency used the 

21 formula described in subparagraph (B). 

22 ‘‘(c) RESERVATIONS.—From amounts reserved under 

23 section 1235(a)(1) for this chapter for a fiscal year, the 

24 Secretary shall reserve— 

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1 ‘‘(1) one-half of 1 percent to make awards to el2 ementary schools or secondary schools operated or 

3 supported by the Bureau of Indian Education, to 

4 carry out the activities authorized under this chap5 ter; and 

6 ‘‘(2) one-half of 1 percent to make awards to 

7 the outlying areas in accordance with their respec8 tive needs, to carry out the activities authorized 

9 under this chapter. 

10 ‘‘SEC. 1236. USES OF FUNDS. 

11 ‘‘(a) LOCAL AWARDS.—Grant funds awarded to local 

12 educational agencies under this chapter shall be used for 

13 activities authorized under any of the following: 

14 ‘‘(1) Part A of title I. 

15 ‘‘(2) Title II. 

16 ‘‘(3) Title III. 

17 ‘‘(b) ADMINISTRATIVE COSTS.—A State educational 

18 agency receiving a grant under this chapter may not use 

19 more than 5 percent of the amount of the grant for State 

20 administrative costs and to provide technical assistance to 

21 eligible local educational agencies. 

22 ‘‘SEC. 1237. APPLICATIONS. 

23 ‘‘(a) IN GENERAL.—Each State educational agency 

24 or specially qualified agency desiring to receive a grant 

25 under this chapter shall submit an application to the Secmstockstill on DSK4VPTVN1PROD with BILLS

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1 retary at such time and in such manner as the Secretary 

2 may require. 

3 ‘‘(b) CONTENTS.—Each application submitted under 

4 subsection (a) shall include— 

5 ‘‘(1) a description of how the State educational 

6 agency or specially qualified agency will ensure eligi7 ble local educational agencies receiving a grant 

8 under this chapter will use such funds to help stu9 dents meet the State academic standards under sec10 tion 1111(b)(1); 

11 ‘‘(2) if the State educational agency or specially 

12 qualified agency will competitively award grants to 

13 eligible local educational agencies, as described in 

14 section 1235(b)(2)(A), the application under the sec15 tion shall include— 

16 ‘‘(A) the methods and criteria the State 

17 educational agency or specially qualified agency 

18 will use for reviewing applications and awards 

19 funds to local educational agencies on a com20 petitive basis; and 

21 ‘‘(B) how the State educational agency or 

22 specially qualified agency will notify eligible 

23 local educational agencies of the grant competi24 tion. 

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1 ‘‘(3) A description of how the State educational 

2 agency or specially qualified agency will provide 

3 technical assistance to eligible local educational 

4 agencies to help such agencies implement the activi5 ties described in section 1236(a). 

6 ‘‘SEC. 1238. ACCOUNTABILITY. 

7 ‘‘(a) STATE REPORT.—Each State educational agen8 cy or specially qualified agency that receives a grant under 

9 this chapter shall prepare and submit an annual report 

10 to the Secretary. The report shall describe— 

11 ‘‘(1) the methods and criteria the State edu12 cational agency or specially qualified agency used to 

13 award grants to eligible local educational agencies, 

14 and to provide assistance to schools, under this 

15 chapter; 

16 ‘‘(2) how local educational agencies and schools 

17 used funds provided under this chapter; and 

18 ‘‘(3) the degree to which progress has been 

19 made toward having all students meet the State aca20 demic standards under section 1111(b)(1). 

21 ‘‘(b) REPORT TO CONGRESS.—The Secretary shall 

22 prepare and submit to the Committee on Education and 

23 the Workforce of the House of Representatives and the 

24 Committee on Health, Education, Labor, and Pensions of 

25 the Senate a biennial report. The report shall describe— 

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1 ‘‘(1) how State local educational agencies, local 

2 educational agencies, and schools used funds pro3 vided under this chapter; and 

4 ‘‘(2) the degree to which progress has been 

5 made toward having all students meet the State aca6 demic standards under section 1111(b)(1). 

7 ‘‘SEC. 1239. CHOICE OF PARTICIPATION. 

8 ‘‘(a) IN GENERAL.—If a local educational agency is 

9 eligible for funding under chapters A and B of this sub10 part, such local educational agency may receive funds 

11 under either chapter A or chapter B for a fiscal year, but 

12 may not receive funds under both chapters. 

13 ‘‘(b) NOTIFICATION.—A local educational agency eli14 gible for both chapters A and B of this subpart shall notify 

15 the Secretary and the State educational agency under 

16 which of such chapters such local educational agency in17 tends to receive funds for a fiscal year by a date that is 

18 established by the Secretary for the notification. 

19 ‘‘CHAPTER C—GENERAL PROVISIONS 

20 ‘‘SEC. 1241. ANNUAL AVERAGE DAILY ATTENDANCE DETER21 MINATION. 

22 ‘‘(a) CENSUS DETERMINATION.—Each local edu23 cational agency desiring a grant under section 1231 and 

24 each local educational agency or specially qualified agency 

25 desiring a grant under chapter B shall— 

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1 ‘‘(1) not later than December 1 of each year, 

2 conduct a census to determine the number of stu3 dents in average daily attendance in kindergarten 

4 through grade 12 at the schools served by the agen5 cy; and 

6 ‘‘(2) not later than March 1 of each year, sub7 mit the number described in paragraph (1) to the 

8 Secretary (and to the State educational agency, in 

9 the case of a local educational agency seeking a 

10 grant under subpart 2). 

11 ‘‘(b) PENALTY.—If the Secretary determines that a 

12 local educational agency or specially qualified agency has 

13 knowingly submitted false information under subsection 

14 (a) for the purpose of gaining additional funds under sec15 tion 1231 or chapter B, then the agency shall be fined 

16 an amount equal to twice the difference between the 

17 amount the agency received under this section and the cor18 rect amount the agency would have received under section 

19 1231 or chapter B if the agency had submitted accurate 

20 information under subsection (a). 

21 ‘‘SEC. 1242. SUPPLEMENT, NOT SUPPLANT. 

22 ‘‘Funds made available under chapter A or chapter 

23 B shall be used to supplement, and not supplant, any 

24 other Federal, State, or local education funds. 

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1 ‘‘SEC. 1243. RULE OF CONSTRUCTION. 

2 ‘‘Nothing in this subpart shall be construed to pro3 hibit a local educational agency that enters into coopera4 tive arrangements with other local educational agencies for 

5 the provision of special, compensatory, or other education 

6 services, pursuant to State law or a written agreement, 

7 from entering into similar arrangements for the use, or 

8 the coordination of the use, of the funds made available 

9 under this subpart. 

10 ‘‘SUBPART 6—INDIAN EDUCATION

11 ‘‘SEC. 1251. STATEMENT OF POLICY. 

12 ‘‘It is the policy of the United States to fulfill the 

13 Federal Government’s unique and continuing trust rela14 tionship with and responsibility to the Indian people for 

15 the education of Indian children. The Federal Government 

16 will continue to work with local educational agencies, In17 dian tribes and organizations, postsecondary institutions, 

18 and other entities toward the goal of ensuring that pro19 grams that serve Indian children are of the highest quality 

20 and provide for not only the basic elementary and sec21 ondary educational needs, but also the unique educational 

22 and culturally related academic needs of these children. 

23 ‘‘SEC. 1252. PURPOSE. 

24 ‘‘(a) PURPOSE.—It is the purpose of this subpart to 

25 support the efforts of local educational agencies, Indian 

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1 tribes and organizations, postsecondary institutions, and 

2 other entities— 

3 ‘‘(1) to meet the unique educational and cul4 turally related academic needs of American Indian 

5 and Alaska Native students, so that such students 

6 can meet the State academic standards that all stu7 dents are expected to meet; and 

8 ‘‘(2) to ensure that school leaders, teachers, and 

9 other staff who serve Indian and Alaska Native stu10 dents have the ability and training to provide appro11 priate instruction to meet the unique academic needs 

12 of such students. 

13 ‘‘CHAPTER A—FORMULA GRANTS TO LOCAL 

14 EDUCATIONAL AGENCIES 

15 ‘‘SEC. 1261. PURPOSE. 

16 ‘‘It is the purpose of this chapter to support local 

17 educational agencies in their efforts to reform elementary 

18 school and secondary school programs that serve Indian 

19 students in order to ensure that such programs are de20 signed to— 

21 ‘‘(1) meet the unique educational needs of such 

22 students; and 

23 ‘‘(2) ensure that such students have the oppor24 tunity to meet the State academic standards. 

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1 ‘‘SEC. 1262. GRANTS TO LOCAL EDUCATIONAL AGENCIES 

2 AND TRIBES. 

3 ‘‘(a) IN GENERAL.—From amounts appropriated 

4 under section 3(a)(1), the Secretary shall reserve .6 of one 

5 percent to local educational agencies and Indian tribes in 

6 accordance with this section and section 1263. 

7 ‘‘(b) LOCAL EDUCATIONAL AGENCIES.— 

8 ‘‘(1) ENROLLMENT REQUIREMENTS.—A local 

9 educational agency shall be eligible for a grant under 

10 this chapter for any fiscal year if the number of In11 dian children eligible under section 1267 who were 

12 enrolled in the schools of the agency, and to whom 

13 the agency provided free public education, during 

14 the preceding fiscal year— 

15 ‘‘(A) was at least 10; or 

16 ‘‘(B) constituted not less than 25 percent 

17 of the total number of individuals enrolled in 

18 the schools of such agency. 

19 ‘‘(2) EXCLUSION.—The requirement of para20 graph (1) shall not apply in Alaska, California, or 

21 Oklahoma, or with respect to any local educational 

22 agency located on, or in proximity to, an Indian res23 ervation. 

24 ‘‘(c) INDIAN TRIBES.— 

25 ‘‘(1) IN GENERAL.—If a local educational agen26 cy that is otherwise eligible for a grant under this 

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1 chapter does not establish a committee under section 

2 1264(c)(4) for such grant, an Indian tribe or a con3 sortium of such entities that represents not less than 

1 4 ⁄3 of the eligible Indian children who are served by 

5 such local educational agency may apply for such 

6 grant. 

7 ‘‘(2) SPECIAL RULE.—The Secretary shall treat 

8 each Indian tribe or consortium of such entities ap9 plying for a grant pursuant to paragraph (1) as if 

10 such Indian tribe were a local educational agency for 

11 purposes of this chapter, except that any such tribe 

12 is not subject to section 1264(c)(4) or section 1269. 

13 ‘‘(3) ELIGIBILITY.—If more than 1 Indian tribe 

14 qualifies to apply for a grant under paragraph (1), 

15 the entity that represents the most eligible Indian 

16 children who are served by the local educational 

17 agency shall be eligible to receive the grant or the 

18 tribes may choose to apply in consortium. 

19 ‘‘SEC. 1263. AMOUNT OF GRANTS. 

20 ‘‘(a) AMOUNT OF GRANT AWARDS.— 

21 ‘‘(1) IN GENERAL.—Except as provided in sub22 section (b) and paragraph (2), the Secretary shall 

23 allocate to each local educational agency that has an 

24 approved application under this chapter an amount 

25 equal to the product of— 

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1 ‘‘(A) the number of Indian children who 

2 are eligible under section 1267 and served by 

3 such agency; and 

4 ‘‘(B) the greater of— 

5 ‘‘(i) the average per pupil expenditure 

6 of the State in which such agency is lo7 cated; or 

8 ‘‘(ii) 80 percent of the average per 

9 pupil expenditure of all the States. 

10 ‘‘(2) REDUCTION.—The Secretary shall reduce 

11 the amount of each allocation otherwise determined 

12 under this section in accordance with subsection (e). 

13 ‘‘(b) MINIMUM GRANT.— 

14 ‘‘(1) IN GENERAL.—Notwithstanding subsection 

15 (e), an entity that is eligible for a grant under sec16 tion 1262, and a school that is operated or sup17 ported by the Bureau of Indian Education that is el18 igible for a grant under subsection (d), that submits 

19 an application that is approved by the Secretary, 

20 shall, subject to appropriations, receive a grant 

21 under this chapter in an amount that is not less 

22 than $3,000. 

23 ‘‘(2) CONSORTIA.—Local educational agencies 

24 may form a consortium with other local educational 

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1 agencies or Indian tribes for the purpose of obtain2 ing grants under this chapter. 

3 ‘‘(3) INCREASE.—The Secretary may increase 

4 the minimum grant under paragraph (1) to not 

5 more than $4,000 for all grantees if the Secretary 

6 determines such an increase is necessary to ensure 

7 the quality of the programs provided. 

8 ‘‘(c) DEFINITION.—For the purpose of this section, 

9 the term ‘average per pupil expenditure’, used with respect 

10 to a State, means an amount equal to— 

11 ‘‘(1) the sum of the aggregate current expendi12 tures of all the local educational agencies in the 

13 State, plus any direct current expenditures by the 

14 State for the operation of such agencies, without re15 gard to the sources of funds from which such local 

16 or State expenditures were made, during the second 

17 fiscal year preceding the fiscal year for which the 

18 computation is made; divided by 

19 ‘‘(2) the aggregate number of children who 

20 were included in average daily attendance for whom 

21 such agencies provided free public education during 

22 such preceding fiscal year. 

23 ‘‘(d) SCHOOLS OPERATED OR SUPPORTED BY THE

24 BUREAU OF INDIAN EDUCATION.— 

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1 ‘‘(1) IN GENERAL.—Subject to subsection (e), 

2 in addition to the grants awarded under subsection 

3 (a), the Secretary shall allocate to the Secretary of 

4 the Interior an amount equal to the product of— 

5 ‘‘(A) the total number of Indian children 

6 enrolled in schools that are operated by— 

7 ‘‘(i) the Bureau of Indian Education; 

8 or 

9 ‘‘(ii) an Indian tribe, or an organiza10 tion controlled or sanctioned by an Indian 

11 tribal government, for the children of that 

12 tribe under a contract with, or grant from, 

13 the Department of the Interior under the 

14 Indian Self-Determination Act or the Trib15 ally Controlled Schools Act of 1988; and 

16 ‘‘(B) the greater of— 

17 ‘‘(i) the average per pupil expenditure 

18 of the State in which the school is located; 

19 or 

20 ‘‘(ii) 80 percent of the average per 

21 pupil expenditure of all the States. 

22 ‘‘(2) SPECIAL RULE.—Any school described in 

23 paragraph (1)(A) that wishes to receive an allocation 

24 under this chapter shall submit an application in ac25 cordance with section 1264, and shall otherwise be 

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1 treated as a local educational agency for the purpose 

2 of this chapter, except that such school shall not be 

3 subject to section 1264(c)(4) or section 1269. 

4 ‘‘(e) RATABLE REDUCTIONS.—If the sums reserved 

5 for any fiscal year under section 1262(a) are insufficient 

6 to pay in full the amounts determined for local educational 

7 agencies under subsection (a)(1) and for the Secretary of 

8 the Interior under subsection (d), each of those amounts 

9 shall be ratably reduced. 

10 ‘‘SEC. 1264. APPLICATIONS. 

11 ‘‘(a) APPLICATION REQUIRED.—Each local edu12 cational agency that desires to receive a grant under this 

13 chapter shall submit an application to the Secretary at 

14 such time and in such manner as the Secretary may rea15 sonably require. 

16 ‘‘(b) COMPREHENSIVE PROGRAM REQUIRED.—Each 

17 application submitted under subsection (a) shall include 

18 a description of a comprehensive program for meeting the 

19 needs of Indian children served by the local educational 

20 agency, including the language and cultural needs of the 

21 children, that— 

22 ‘‘(1) describes how the comprehensive program 

23 will offer programs and activities to meet the cul24 turally related academic needs of American Indian 

25 and Alaska Native students; 

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1 ‘‘(2)(A) is aligned with and supports the State 

2 and local plans submitted under other provisions of 

3 this Act; and 

4 ‘‘(B) includes academic standards for such chil5 dren that are based on the State academic standards 

6 adopted under subpart 1 for all children; 

7 ‘‘(3) explains how the local educational agency 

8 will use the funds made available under this chapter 

9 to supplement other Federal, State, and local pro10 grams, especially programs carried out under sub11 part 1, to meet the needs of such students; 

12 ‘‘(4) demonstrates how funds made available 

13 under this chapter will be used for activities de14 scribed in section 1265; 

15 ‘‘(5) describes the professional development op16 portunities that will be provided, as needed, to en17 sure that— 

18 ‘‘(A) teachers, school leaders, and other 

19 school professionals who are new to the Indian 

20 community are prepared to work with Indian 

21 children; and 

22 ‘‘(B) all teachers who will be involved in 

23 programs assisted under this chapter have been 

24 properly trained to carry out such programs; 

25 and 

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1 ‘‘(6) describes how the local educational agen2 cy— 

3 ‘‘(A) will periodically assess the progress of 

4 all Indian children enrolled in the schools of the 

5 local educational agency, including Indian chil6 dren who do not participate in programs as7 sisted under this chapter, in meeting the stand8 ards described in paragraph (2); 

9 ‘‘(B) will provide the results of each as10 sessment referred to in subparagraph (A) to— 

11 ‘‘(i) the committee described in sub12 section (c)(4); and 

13 ‘‘(ii) the community, including Indian 

14 tribes, whose children are served by the 

15 local educational agency; and 

16 ‘‘(C) is responding to findings of any pre17 vious assessments that are similar to the as18 sessments described in subparagraph (A); and 

19 ‘‘(7) describes the processes the local edu20 cational agency used to collaborate with Indian 

21 tribes in the community in the development of the 

22 comprehensive programs. 

23 ‘‘(c) ASSURANCES.—Each application submitted 

24 under subsection (a) shall include assurances that— 

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1 ‘‘(1) the local educational agency will use funds 

2 received under this chapter only to supplement the 

3 funds that, in the absence of the Federal funds 

4 made available under this chapter, such agency 

5 would make available for the education of Indian 

6 children, and not to supplant such funds; 

7 ‘‘(2) the local educational agency will prepare 

8 and submit to the Secretary such reports in such 

9 form as the Secretary may require to— 

10 ‘‘(A) carry out the functions of the Sec11 retary under this chapter; and 

12 ‘‘(B) determine the extent to which activi13 ties carried out with funds provided to the local 

14 educational agency under this chapter are effec15 tive in improving the educational achievement 

16 of Indian students served by such agency; 

17 ‘‘(3) the program for which assistance is 

18 sought— 

19 ‘‘(A) is based on a comprehensive local as20 sessment and prioritization of the unique edu21 cational and culturally related academic needs 

22 of the American Indian and Alaska Native stu23 dents for whom the local educational agency is 

24 providing an education; 

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1 ‘‘(B) will use the best available talents and 

2 resources, including individuals from the Indian 

3 community; and 

4 ‘‘(C) was developed by such agency in open 

5 consultation with parents of Indian children 

6 and teachers, and, if appropriate, Indian stu7 dents from secondary schools, including through 

8 public hearings held by such agency to provide 

9 to the individuals described in this subpara10 graph a full opportunity to understand the pro11 gram and to offer recommendations regarding 

12 the program; and 

13 ‘‘(4) the local educational agency developed the 

14 program with the participation and written approval 

15 of a committee— 

16 ‘‘(A) that is composed of, and selected 

17 by— 

18 ‘‘(i) parents of Indian children in the 

19 local educational agency’s schools; 

20 ‘‘(ii) teachers in the schools; and 

21 ‘‘(iii) if appropriate, Indian students 

22 attending secondary schools of the agency; 

23 ‘‘(B) a majority of whose members are 

24 parents of Indian children; 

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1 ‘‘(C) that has set forth such policies and 

2 procedures, including policies and procedures 

3 relating to the hiring of personnel, as will en4 sure that the program for which assistance is 

5 sought will be operated and evaluated in con6 sultation with, and with the involvement of, 

7 parents of the children, and representatives of 

8 the area, to be served; 

9 ‘‘(D) with respect to an application de10 scribing a schoolwide program in accordance 

11 with section 1265(c), that has— 

12 ‘‘(i) reviewed in a timely fashion the 

13 program; and 

14 ‘‘(ii) determined that the program will 

15 not diminish the availability of culturally 

16 related activities for American Indian and 

17 Alaska Native students; and 

18 ‘‘(E) that has adopted reasonable bylaws 

19 for the conduct of the activities of the com20 mittee and abides by such bylaws. 

21 ‘‘SEC. 1265. AUTHORIZED SERVICES AND ACTIVITIES. 

22 ‘‘(a) GENERAL REQUIREMENTS.—Each local edu23 cational agency that receives a grant under this chapter 

24 shall use the grant funds, in a manner consistent with the 

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1 purpose specified in section 1261, for services and activi2 ties that— 

3 ‘‘(1) are designed to carry out the comprehen4 sive program of the local educational agency for In5 dian students, and described in the application of 

6 the local educational agency submitted to the Sec7 retary under section 1264(a); 

8 ‘‘(2) are designed with special regard for the 

9 language and cultural needs of the Indian students; 

10 and 

11 ‘‘(3) supplement and enrich the regular school 

12 program of such agency. 

13 ‘‘(b) PARTICULAR ACTIVITIES.—The services and ac14 tivities referred to in subsection (a) may include— 

15 ‘‘(1) culturally related activities that support 

16 the program described in the application submitted 

17 by the local educational agency; 

18 ‘‘(2) early childhood and family programs that 

19 emphasize school readiness; 

20 ‘‘(3) enrichment programs that focus on prob21 lem solving and cognitive skills development and di22 rectly support the attainment of State academic 

23 standards; 

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1 ‘‘(4) integrated educational services in combina2 tion with other programs that meet the needs of In3 dian children and their families; 

4 ‘‘(5) programs that help engage parents and 

5 tribes to meet the unique educational needs of In6 dian children; 

7 ‘‘(6) career preparation activities to enable In8 dian students to participate in programs such as the 

9 programs supported by the Carl D. Perkins Career 

10 and Technical Education Act of 2006; 

11 ‘‘(7) activities to educate individuals concerning 

12 the prevention of substance abuse, violence, and sui13 cide; 

14 ‘‘(8) the acquisition of equipment, but only if 

15 the acquisition of the equipment is essential to 

16 achieve the purpose described in section 1261; 

17 ‘‘(9) activities that promote the incorporation of 

18 culturally responsive teaching and learning strategies 

19 into the educational program of the local educational 

20 agency; 

21 ‘‘(10) activities that incorporate American In22 dian and Alaska Native specific curriculum content, 

23 consistent with State academic standards into the 

24 curriculum used by the local educational agency; 

25 ‘‘(11) family literacy services; and 

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1 ‘‘(12) activities that recognize and support the 

2 unique cultural and educational needs of Indian chil3 dren, and incorporate appropriately qualified tribal 

4 elders and seniors. 

5 ‘‘(c) SCHOOLWIDE PROGRAMS.—Notwithstanding 

6 any other provision of law, a local educational agency may 

7 use funds made available to such agency under this chap8 ter to support a schoolwide program under section 1114 

9 if— 

10 ‘‘(1) the committee established pursuant to sec11 tion 1264(c)(4) approves the use of the funds for 

12 the schoolwide program; and 

13 ‘‘(2) the schoolwide program is consistent with 

14 the purpose described in section 1261. 

15 ‘‘(d) LIMITATION ON ADMINISTRATIVE COSTS.—Not 

16 more than 5 percent of the funds provided to a grantee 

17 under this chapter for any fiscal year may be used for 

18 administrative purposes. 

19 ‘‘(e) LIMITATION ON USE OF FUNDS.—Funds pro20 vided to a grantee under this chapter may not be used 

21 for long-distance travel expenses for training activities 

22 available locally or regionally. 

23 ‘‘SEC. 1266. INTEGRATION OF SERVICES AUTHORIZED. 

24 ‘‘(a) PLAN.—An entity receiving funds under this 

25 chapter may submit a plan to the Secretary for the intemstockstill on DSK4VPTVN1PROD with BILLS

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1 gration of education and related services provided to In2 dian students. 

3 ‘‘(b) CONSOLIDATION OF PROGRAMS.—Upon the re4 ceipt of an acceptable plan under subsection (a), the Sec5 retary, in cooperation with each Federal agency providing 

6 grants for the provision of education and related services 

7 to the entity, shall authorize the entity to consolidate, in 

8 accordance with such plan, the federally funded education 

9 and related services programs of the entity and the Fed10 eral programs, or portions of the programs, serving Indian 

11 students in a manner that integrates the program services 

12 involved into a single, coordinated, comprehensive pro13 gram and reduces administrative costs by consolidating 

14 administrative functions. 

15 ‘‘(c) PROGRAMS AFFECTED.—The funds that may be 

16 consolidated in a demonstration project under any such 

17 plan referred to in subsection (a) shall include funds for 

18 any Federal program exclusively serving Indian children, 

19 or the funds reserved under any Federal program to exclu20 sively serve Indian children, under which the entity is eligi21 ble for receipt of funds under a statutory or administrative 

22 formula for the purposes of providing education and re23 lated services that would be used to serve Indian students. 

24 ‘‘(d) PLAN REQUIREMENTS.—For a plan to be ac25 ceptable pursuant to subsection (b), the plan shall— 

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1 ‘‘(1) identify the programs or funding sources 

2 to be consolidated; 

3 ‘‘(2) be consistent with the objectives of this 

4 section concerning authorizing the services to be in5 tegrated in a demonstration project; 

6 ‘‘(3) describe a comprehensive strategy that 

7 identifies the full range of potential educational op8 portunities and related services to be provided to as9 sist Indian students to achieve the objectives set 

10 forth in this chapter; 

11 ‘‘(4) describe the way in which services are to 

12 be integrated and delivered and the results expected 

13 from the plan; 

14 ‘‘(5) identify the projected expenditures under 

15 the plan in a single budget; 

16 ‘‘(6) identify the State, tribal, or local agency 

17 or agencies to be involved in the delivery of the serv18 ices integrated under the plan; 

19 ‘‘(7) identify any statutory provisions, regula20 tions, policies, or procedures that the entity believes 

21 need to be waived in order to implement the plan; 

22 ‘‘(8) set forth measures for student academic 

23 achievement consistent with State academic stand24 ards under section 1111(b)(1); and 

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1 ‘‘(9) be approved by a committee formed in ac2 cordance with section 1264(c)(4), if such a com3 mittee exists. 

4 ‘‘(e) PLAN REVIEW.—Upon receipt of the plan from 

5 an eligible entity, the Secretary shall consult with the Sec6 retary of each Federal department providing funds to be 

7 used to implement the plan, and with the entity submit8 ting the plan. The parties so consulting shall identify any 

9 waivers of statutory requirements or of Federal depart10 mental regulations, policies, or procedures necessary to en11 able the entity to implement the plan. Notwithstanding 

12 any other provision of law, the Secretary of the affected 

13 department shall have the authority to waive any regula14 tion, policy, or procedure promulgated by that department 

15 that has been so identified by the entity or department, 

16 unless the Secretary of the affected department deter17 mines that such a waiver is inconsistent with the objectives 

18 of this chapter or those provisions of the statute from 

19 which the program involved derives authority that are spe20 cifically applicable to Indian students. 

21 ‘‘(f) PLAN APPROVAL.—Within 90 days after the re22 ceipt of an entity’s plan by the Secretary, the Secretary 

23 shall inform the entity, in writing, of the Secretary’s ap24 proval or disapproval of the plan. If the plan is dis25 approved, the entity shall be informed, in writing, of the 

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1 reasons for the disapproval and shall be given an oppor2 tunity to amend the plan or to petition the Secretary to 

3 reconsider such disapproval. 

4 ‘‘(g) RESPONSIBILITIES OF DEPARTMENT OF EDU5 CATION.—The Secretary of Education, the Secretary of 

6 the Interior, and the head of any other Federal depart7 ment or agency identified by the Secretary of Education, 

8 shall enter into an interdepartmental memorandum of 

9 agreement providing for the implementation and coordina10 tion of the demonstration projects authorized under this 

11 section. The lead agency head for a demonstration project 

12 under this section shall be— 

13 ‘‘(1) the Secretary of the Interior, in the case 

14 of an entity meeting the definition of a contract or 

15 grant school under title XI of the Education Amend16 ments of 1978; or 

17 ‘‘(2) the Secretary of Education, in the case of 

18 any other entity. 

19 ‘‘(h) RESPONSIBILITIES OF LEAD AGENCY.—The re20 sponsibilities of the lead agency shall include— 

21 ‘‘(1) the use of a single report format related 

22 to the plan for the individual project, which shall be 

23 used by an eligible entity to report on the activities 

24 undertaken under the project; 

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1 ‘‘(2) the use of a single report format related 

2 to the projected expenditures for the individual 

3 project which shall be used by an eligible entity to 

4 report on all project expenditures; 

5 ‘‘(3) the development of a single system of Fed6 eral oversight for the project, which shall be imple7 mented by the lead agency; and 

8 ‘‘(4) the provision of technical assistance to an 

9 eligible entity appropriate to the project, except that 

10 an eligible entity shall have the authority to accept 

11 or reject the plan for providing such technical assist12 ance and the technical assistance provider. 

13 ‘‘(i) REPORT REQUIREMENTS.—A single report for14 mat shall be developed by the Secretary, consistent with 

15 the requirements of this section. Such report format shall 

16 require that reports described in subsection (h), together 

17 with records maintained on the consolidated program at 

18 the local level, shall contain such information as will allow 

19 a determination that the eligible entity has complied with 

20 the requirements incorporated in its approved plan, in21 cluding making a demonstration of student academic 

22 achievement, and will provide assurances to each Sec23 retary that the eligible entity has complied with all directly 

24 applicable statutory requirements and with those directly 

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1 applicable regulatory requirements that have not been 

2 waived. 

3 ‘‘(j) NO REDUCTION IN AMOUNTS.—In no case shall 

4 the amount of Federal funds available to an eligible entity 

5 involved in any demonstration project be reduced as a re6 sult of the enactment of this section. 

7 ‘‘(k) INTERAGENCY FUND TRANSFERS AUTHOR8 IZED.—The Secretary is authorized to take such action 

9 as may be necessary to provide for an interagency transfer 

10 of funds otherwise available to an eligible entity in order 

11 to further the objectives of this section. 

12 ‘‘(l) ADMINISTRATION OF FUNDS.— 

13 ‘‘(1) IN GENERAL.—Program funds for the con14 solidated programs shall be administered in such a 

15 manner as to allow for a determination that funds 

16 from a specific program are spent on allowable ac17 tivities authorized under such program, except that 

18 the eligible entity shall determine the proportion of 

19 the funds granted that shall be allocated to such 

20 program. 

21 ‘‘(2) SEPARATE RECORDS NOT REQUIRED.— 

22 Nothing in this section shall be construed as requir23 ing the eligible entity to maintain separate records 

24 tracing any services or activities conducted under 

25 the approved plan to the individual programs under 

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1 which funds were authorized for the services or ac2 tivities, nor shall the eligible entity be required to al3 locate expenditures among such individual programs. 

4 ‘‘(m) OVERAGE.—The eligible entity may commingle 

5 all administrative funds from the consolidated programs 

6 and shall be entitled to the full amount of such funds 

7 (under each program’s or agency’s regulations). The over8 age (defined as the difference between the amount of the 

9 commingled funds and the actual administrative cost of 

10 the programs) shall be considered to be properly spent for 

11 Federal audit purposes, if the overage is used for the pur12 poses provided for under this section. 

13 ‘‘(n) FISCAL ACCOUNTABILITY.—Nothing in this 

14 part shall be construed so as to interfere with the ability 

15 of the Secretary or the lead agency to fulfill the respon16 sibilities for the safeguarding of Federal funds pursuant 

17 to chapter 75 of title 31, United States Code. 

18 ‘‘(o) REPORT ON STATUTORY OBSTACLES TO PRO19 GRAM INTEGRATION.— 

20 ‘‘(1) IN GENERAL.—The Secretary of Education 

21 shall annually submit a report to the Committee on 

22 Health, Education, Labor, and Pensions and the 

23 Committee on Indian Affairs of the Senate, and the 

24 Committee on Education and the Workforce and the 

25 Committee on Natural Resources of the House of 

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1 Representatives on the status of the implementation 

2 of the demonstration projects authorized under this 

3 section. 

4 ‘‘(2) CONTENTS.—Such report shall identify— 

5 ‘‘(A) statutory barriers to the ability of 

6 participants to more effectively integrate their 

7 education and related services to Indian stu8 dents in a manner consistent with the objectives 

9 of this section; and 

10 ‘‘(B) the effective practices for program in11 tegration that result in increased student 

12 achievement and other relevant outcomes for 

13 Indian students. 

14 ‘‘(p) DEFINITIONS.—For the purposes of this section, 

15 the term ‘Secretary’ means— 

16 ‘‘(1) the Secretary of the Interior, in the case 

17 of an entity meeting the definition of a contract or 

18 grant school under title XI of the Education Amend19 ments of 1978; or 

20 ‘‘(2) the Secretary of Education, in the case of 

21 any other entity. 

22 ‘‘SEC. 1267. STUDENT ELIGIBILITY FORMS. 

23 ‘‘(a) IN GENERAL.—The Secretary shall require that, 

24 as part of an application for a grant under this chapter, 

25 each applicant shall maintain a file, with respect to each 

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1 Indian child for whom the local educational agency pro2 vides a free public education, that contains a form that 

3 sets forth information establishing the status of the child 

4 as an Indian child eligible for assistance under this chap5 ter, and that otherwise meets the requirements of sub6 section (b). 

7 ‘‘(b) FORMS.—The form described in subsection (a) 

8 shall include— 

9 ‘‘(1) either— 

10 ‘‘(A)(i) the name of the tribe or band of 

11 Indians (as defined in section 1291) with re12 spect to which the child claims membership; 

13 ‘‘(ii) the enrollment number establishing 

14 the membership of the child (if readily avail15 able); and 

16 ‘‘(iii) the name and address of the organi17 zation that maintains updated and accurate 

18 membership data for such tribe or band of Indi19 ans; or 

20 ‘‘(B) the name, the enrollment number (if 

21 readily available), and the name and address of 

22 the organization responsible for maintaining up23 dated and accurate membership data, of any 

24 parent or grandparent of the child from whom 

25 the child claims eligibility under this chapter, if 

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1 the child is not a member of the tribe or band 

2 of Indians (as so defined); 

3 ‘‘(2) a statement of whether the tribe or band 

4 of Indians (as so defined), with respect to which the 

5 child, or parent or grandparent of the child, claims 

6 membership, is federally recognized; 

7 ‘‘(3) the name and address of the parent or 

8 legal guardian of the child; and 

9 ‘‘(4) a signature of the parent or legal guardian 

10 of the child that verifies the accuracy of the informa11 tion supplied. 

12 ‘‘(c) STATUTORY CONSTRUCTION.—Nothing in this 

13 section shall be construed to affect a definition contained 

14 in section 1291. 

15 ‘‘(d) FORMS AND STANDARDS OF PROOF.—The 

16 forms and the standards of proof (including the standard 

17 of good faith compliance) that were in use during the 

18 1985–1986 academic year to establish the eligibility of a 

19 child for entitlement under the Indian Elementary and 

20 Secondary School Assistance Act shall be the forms and 

21 standards of proof used— 

22 ‘‘(1) to establish eligibility under this chapter; 

23 and 

24 ‘‘(2) to meet the requirements of subsection (a). 

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1 ‘‘(e) DOCUMENTATION.—For purposes of deter2 mining whether a child is eligible to be counted for the 

3 purpose of computing the amount of a grant award under 

4 section 1263, the membership of the child, or any parent 

5 or grandparent of the child, in a tribe or band of Indians 

6 (as so defined) may be established by proof other than 

7 an enrollment number, notwithstanding the availability of 

8 an enrollment number for a member of such tribe or band. 

9 Nothing in subsection (b) shall be construed to require 

10 the furnishing of an enrollment number. 

11 ‘‘(f) MONITORING AND EVALUATION REVIEW.— 

12 ‘‘(1) IN GENERAL.— 

13 ‘‘(A) REVIEW.—For each fiscal year, in 

14 order to provide such information as is nec15 essary to carry out the responsibility of the Sec16 retary to provide technical assistance under this 

17 chapter, the Secretary shall conduct a moni18 toring and evaluation review of a sampling of 

19 the recipients of grants under this chapter. The 

20 sampling conducted under this subparagraph 

21 shall take into account the size of and the geo22 graphic location of each local educational agen23 cy. 

24 ‘‘(B) EXCEPTION.—A local educational 

25 agency may not be held liable to the United 

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1 States or be subject to any penalty, by reason 

2 of the findings of an audit that relates to the 

3 date of completion, or the date of submission, 

4 of any forms used to establish, before April 28, 

5 1988, the eligibility of a child for an entitle6 ment under the Indian Elementary and Sec7 ondary School Assistance Act. 

8 ‘‘(2) FALSE INFORMATION.—Any local edu9 cational agency that provides false information in an 

10 application for a grant under this chapter shall— 

11 ‘‘(A) be ineligible to apply for any other 

12 grant under this chapter; and 

13 ‘‘(B) be liable to the United States for any 

14 funds from the grant that have not been ex15 pended. 

16 ‘‘(3) EXCLUDED CHILDREN.—A student who 

17 provides false information for the form required 

18 under subsection (a) shall not be counted for the 

19 purpose of computing the amount of a grant under 

20 section 1263. 

21 ‘‘(g) TRIBAL GRANT AND CONTRACT SCHOOLS.— 

22 Notwithstanding any other provision of this section, in cal23 culating the amount of a grant under this chapter to a 

24 tribal school that receives a grant or contract from the 

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1 Bureau of Indian Education, the Secretary shall use only 

2 one of the following, as selected by the school: 

3 ‘‘(1) A count of the number of students in the 

4 schools certified by the Bureau. 

5 ‘‘(2) A count of the number of students for 

6 whom the school has eligibility forms that comply 

7 with this section. 

8 ‘‘(h) TIMING OF CHILD COUNTS.—For purposes of 

9 determining the number of children to be counted in calcu10 lating the amount of a local educational agency’s grant 

11 under this chapter (other than in the case described in 

12 subsection (g)(1)), the local educational agency shall— 

13 ‘‘(1) establish a date on, or a period not longer 

14 than 31 consecutive days during, which the agency 

15 counts those children, if that date or period occurs 

16 before the deadline established by the Secretary for 

17 submitting an application under section 1264; and 

18 ‘‘(2) determine that each such child was en19 rolled, and receiving a free public education, in a 

20 school of the agency on that date or during that pe21 riod, as the case may be. 

22 ‘‘SEC. 1268. PAYMENTS. 

23 ‘‘(a) IN GENERAL.—Subject to subsections (b) and 

24 (c), the Secretary shall pay to each local educational agen25 cy that submits an application that is approved by the Secmstockstill on DSK4VPTVN1PROD with BILLS

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1 retary under this chapter the amount determined under 

2 section 1263. The Secretary shall notify the local edu3 cational agency of the amount of the payment not later 

4 than June 1 of the year for which the Secretary makes 

5 the payment. 

6 ‘‘(b) PAYMENTS TAKEN INTO ACCOUNT BY THE

7 STATE.—The Secretary may not make a grant under this 

8 chapter to a local educational agency for a fiscal year if, 

9 for such fiscal year, the State in which the local edu10 cational agency is located takes into consideration pay11 ments made under this chapter in determining the eligi12 bility of the local educational agency for State aid, or the 

13 amount of the State aid, with respect to the free public 

14 education of children during such fiscal year or the pre15 ceding fiscal year. 

16 ‘‘(c) REALLOCATIONS.—The Secretary may reallo17 cate, in a manner that the Secretary determines will best 

18 carry out the purpose of this chapter, any amounts that— 

19 ‘‘(1) based on estimates made by local edu20 cational agencies or other information, the Secretary 

21 determines will not be needed by such agencies to 

22 carry out approved programs under this chapter; or 

23 ‘‘(2) otherwise become available for reallocation 

24 under this chapter. 

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1 ‘‘SEC. 1269. STATE EDUCATIONAL AGENCY REVIEW. 

2 ‘‘Before submitting an application to the Secretary 

3 under section 1264, a local educational agency shall sub4 mit the application to the State educational agency, which 

5 may comment on such application. If the State educational 

6 agency comments on the application, the agency shall com7 ment on all applications submitted by local educational 

8 agencies in the State and shall provide those comments 

9 to the respective local educational agencies, with an oppor10 tunity to respond. 

11 ‘‘CHAPTER B—SPECIAL PROGRAMS AND 

12 PROJECTS TO IMPROVE EDUCATIONAL OP13 PORTUNITIES FOR INDIAN CHILDREN 

14 ‘‘SEC. 1271. IMPROVEMENT OF EDUCATIONAL OPPORTUNI15 TIES FOR INDIAN CHILDREN. 

16 ‘‘(a) PURPOSE.— 

17 ‘‘(1) IN GENERAL.—It is the purpose of this 

18 section to support projects to develop, test, and dem19 onstrate the effectiveness of services and programs 

20 to improve educational opportunities and achieve21 ment of Indian children. 

22 ‘‘(2) COORDINATION.—The Secretary shall take 

23 the necessary actions to achieve the coordination of 

24 activities assisted under this chapter with— 

25 ‘‘(A) other programs funded under this 

26 Act; and 

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1 ‘‘(B) other Federal programs operated for 

2 the benefit of American Indian and Alaska Na3 tive children. 

4 ‘‘(b) ELIGIBLE ENTITIES.—In this section, the term 

5 ‘eligible entity’ means a State educational agency, local 

6 educational agency, Indian tribe, Indian organization, fed7 erally supported elementary school or secondary school for 

8 Indian students, Indian institution (including an Indian 

9 institution of higher education), or a consortium of such 

10 entities. 

11 ‘‘(c) GRANTS AUTHORIZED.— 

12 ‘‘(1) IN GENERAL.—From amounts appro13 priated under section 3(a)(1), the Secretary shall re14 serve 0.2 of one percent to award grants to eligible 

15 entities to enable such entities to carry out activities 

16 under this section and section 1272. 

17 ‘‘(2) USES OF FUNDS.—An eligible entity that 

18 receives a grant under this section shall use the 

19 funds for one or more activities, including— 

20 ‘‘(A) innovative programs related to the 

21 educational needs of educationally disadvan22 taged children; 

23 ‘‘(B) educational services that are not 

24 available to such children in sufficient quantity 

25 or quality, including remedial instruction, to 

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1 raise the achievement of Indian children in one 

2 or more of the core academic subjects of 

3 English, mathematics, science, foreign lan4 guages, art, history, and geography; 

5 ‘‘(C) bilingual and bicultural programs and 

6 projects; 

7 ‘‘(D) special health and nutrition services, 

8 and other related activities, that address the 

9 special health, social, and psychological prob10 lems of Indian children; 

11 ‘‘(E) special compensatory and other pro12 grams and projects designed to assist and en13 courage Indian children to enter, remain in, or 

14 reenter school, and to increase the rate of high 

15 school graduation for Indian children; 

16 ‘‘(F) comprehensive guidance, counseling, 

17 and testing services; 

18 ‘‘(G) early childhood and kindergarten pro19 grams, including family-based preschool pro20 grams that emphasize school readiness and pa21 rental skills, and the provision of services to In22 dian children with disabilities; 

23 ‘‘(H) partnership projects between local 

24 educational agencies and institutions of higher 

25 education that allow secondary school students 

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1 to enroll in courses at the postsecondary level to 

2 aid such students in the transition from sec3 ondary to postsecondary education; 

4 ‘‘(I) partnership projects between schools 

5 and local businesses for career preparation pro6 grams designed to provide Indian youth with 

7 the knowledge and skills such youth need to 

8 make an effective transition from school to a 

9 high-skill, high-wage career; 

10 ‘‘(J) programs designed to encourage and 

11 assist Indian students to work toward, and gain 

12 entrance into, an institution of higher edu13 cation; 

14 ‘‘(K) family literacy services; 

15 ‘‘(L) activities that recognize and support 

16 the unique cultural and educational needs of In17 dian children, and incorporate appropriately 

18 qualified tribal elders and seniors; or 

19 ‘‘(M) other services that meet the purpose 

20 described in this section. 

21 ‘‘(3) PROFESSIONAL DEVELOPMENT.—Evidence 

22 based professional development of teaching profes23 sionals and paraprofessionals may be a part of any 

24 program assisted under this section. 

25 ‘‘(d) GRANT REQUIREMENTS AND APPLICATIONS.— 

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1 ‘‘(1) GRANT REQUIREMENTS.— 

2 ‘‘(A) IN GENERAL.—The Secretary may 

3 make multiyear grants under subsection (c) for 

4 the planning, development, pilot operation, or 

5 demonstration of any activity described in sub6 section (c) for a period not to exceed 5 years. 

7 ‘‘(B) PRIORITY.—In making multiyear 

8 grants described in this paragraph, the Sec9 retary shall give priority to entities submitting 

10 applications that present a plan for combining 

11 two or more of the activities described in sub12 section (c) over a period of more than 1 year. 

13 ‘‘(C) PROGRESS.—The Secretary shall 

14 make a grant payment for a grant described in 

15 this paragraph to an eligible entity after the 

16 initial year of the multiyear grant only if the 

17 Secretary determines that the eligible entity has 

18 made substantial progress in carrying out the 

19 activities assisted under the grant in accordance 

20 with the application submitted under paragraph 

21 (3) and any subsequent modifications to such 

22 application. 

23 ‘‘(2) DISSEMINATION GRANTS.— 

24 ‘‘(A) IN GENERAL.—In addition to award25 ing the multiyear grants described in paragraph 

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1 (1), the Secretary may award grants under sub2 section (c) to eligible entities for the dissemina3 tion of exemplary materials or programs as4 sisted under this section. 

5 ‘‘(B) DETERMINATION.—The Secretary 

6 may award a dissemination grant described in 

7 this paragraph if, prior to awarding the grant, 

8 the Secretary determines that the material or 

9 program to be disseminated— 

10 ‘‘(i) has been adequately reviewed; 

11 ‘‘(ii) has demonstrated educational 

12 merit; and 

13 ‘‘(iii) can be replicated. 

14 ‘‘(3) APPLICATION.— 

15 ‘‘(A) IN GENERAL.—Any eligible entity 

16 that desires to receive a grant under this sec17 tion shall submit an application to the Sec18 retary at such time and in such manner as the 

19 Secretary may reasonably require. 

20 ‘‘(B) CONTENTS.—Each application sub21 mitted to the Secretary under subparagraph 

22 (A), other than an application for a dissemina23 tion grant under paragraph (2), shall contain— 

24 ‘‘(i) a description of how parents of 

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1 dian tribes have been, and will be, involved 

2 in developing and implementing the activi3 ties for which assistance is sought; 

4 ‘‘(ii) assurances that the applicant will 

5 participate, at the request of the Secretary, 

6 in any national evaluation of activities as7 sisted under this section; 

8 ‘‘(iii) information demonstrating that 

9 the proposed program for the activities is 

10 an evidence-based program, which may in11 clude a program that has been modified to 

12 be culturally appropriate for students who 

13 will be served; and 

14 ‘‘(iv) a description of how the appli15 cant will incorporate the proposed activities 

16 into the ongoing school program involved 

17 once the grant period is over. 

18 ‘‘(e) ADMINISTRATIVE COSTS.—Not more than 5 per19 cent of the funds provided to a grantee under this chapter 

20 for any fiscal year may be used for administrative pur21 poses. 

22 ‘‘SEC. 1272. PROFESSIONAL DEVELOPMENT FOR TEACHERS 

23 AND EDUCATION PROFESSIONALS. 

24 ‘‘(a) PURPOSES.—The purposes of this section are— 

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1 ‘‘(1) to increase the number of qualified Indian 

2 teachers, school leaders, or other education profes3 sionals serving Indian students, including through 

4 recruitment strategies; 

5 ‘‘(2) to provide training to qualified Indian indi6 viduals to enable such individuals to become effective 

7 teachers, school leaders, administrators, teacher 

8 aides, social workers, and ancillary educational per9 sonnel; and 

10 ‘‘(3) to improve the skills of qualified Indian in11 dividuals who serve in the capacities described in 

12 paragraph (2). 

13 ‘‘(b) ELIGIBLE ENTITIES.—For the purpose of this 

14 section, the term ‘eligible entity’ means— 

15 ‘‘(1) an institution of higher education, includ16 ing an Indian institution of higher education; 

17 ‘‘(2) a State educational agency or local edu18 cational agency, in consortium with an institution of 

19 higher education; 

20 ‘‘(3) an Indian tribe or organization, in consor21 tium with an institution of higher education; and 

22 ‘‘(4) a Bureau-funded school (as defined in sec23 tion 1146 of the Education Amendments of 1978). 

24 ‘‘(c) PROGRAM AUTHORIZED.—The Secretary is au25 thorized to award grants from funds reserved under secmstockstill on DSK4VPTVN1PROD with BILLS

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1 tion 1271(c)(1) to eligible entities having applications ap2 proved under this section to enable those entities to carry 

3 out the activities described in subsection (d). 

4 ‘‘(d) AUTHORIZED ACTIVITIES.— 

5 ‘‘(1) IN GENERAL.—Grant funds under this sec6 tion shall be used for activities to provide support 

7 and training for Indian individuals in a manner con8 sistent with the purposes of this section. 

9 ‘‘(2) SPECIAL RULES.— 

10 ‘‘(A) TYPE OF TRAINING.—For education 

11 personnel, the training received pursuant to a 

12 grant under this section may be inservice or 

13 preservice training. 

14 ‘‘(B) PROGRAM.—For individuals who are 

15 being trained to enter any education-related 

16 field other than teaching, the training received 

17 pursuant to a grant under this section shall be 

18 in a program that results in a graduate degree. 

19 ‘‘(e) APPLICATION.—Each eligible entity desiring a 

20 grant under this section shall submit an application to the 

21 Secretary at such time and in such manner as the Sec22 retary may reasonable require. An application shall in23 clude how the eligible entity will— 

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1 ‘‘(1) recruit qualified Indian individuals, such 

2 as students who may not be of traditional college 

3 age, to become teachers or school leaders; 

4 ‘‘(2) use funds made available under the grant 

5 to support the recruitment, preparation, and profes6 sional development of Indian teachers or school lead7 ers in local educational agencies that serve a high 

8 proportion of Indian students; and 

9 ‘‘(3) assist participants in meeting the require10 ments under subsection (h). 

11 ‘‘(f) SPECIAL RULE.—In awarding grants under this 

12 section, the Secretary— 

13 ‘‘(1) shall consider the prior performance of the 

14 eligible entity; and 

15 ‘‘(2) may not limit eligibility to receive a grant 

16 under this section on the basis of— 

17 ‘‘(A) the number of previous grants the 

18 Secretary has awarded such entity; or 

19 ‘‘(B) the length of any period during which 

20 such entity received such grants. 

21 ‘‘(g) GRANT PERIOD.—Each grant under this section 

22 shall be awarded for an initial period of not more than 

23 three years, and may be renewed for not more than an 

24 additional two years if the Secretary finds that the grantee 

25 is meeting the grant objectives. 

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1 ‘‘(h) SERVICE OBLIGATION.— 

2 ‘‘(1) IN GENERAL.—The Secretary shall re3 quire, by regulation, that an individual who receives 

4 training pursuant to a grant made under this sec5 tion— 

6 ‘‘(A) perform work— 

7 ‘‘(i) related to the training received 

8 under this section; and 

9 ‘‘(ii) that benefits Indian people; or 

10 ‘‘(B) repay all or a prorated part of the as11 sistance received. 

12 ‘‘(2) REPORTING.—The Secretary shall estab13 lish, by regulation, a reporting procedure under 

14 which a grant recipient under this section shall, not 

15 later than 12 months after the date of completion of 

16 the training, and periodically thereafter, provide in17 formation concerning compliance with the work re18 quirement under paragraph (1). 

19 ‘‘CHAPTER C—FEDERAL ADMINISTRATION 

20 ‘‘SEC. 1281. NATIONAL ADVISORY COUNCIL ON INDIAN EDU21 CATION. 

22 ‘‘(a) MEMBERSHIP.—There is established a National 

23 Advisory Council on Indian Education (hereafter in this 

24 section referred to as the ‘Council’), which shall— 

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1 ‘‘(1) consist of 15 Indian members, who shall 

2 be appointed by the President from lists of nominees 

3 furnished, from time to time, by Indian tribes and 

4 organizations; and 

5 ‘‘(2) represent different geographic areas of the 

6 United States. 

7 ‘‘(b) DUTIES.—The Council shall— 

8 ‘‘(1) advise the Secretary concerning the fund9 ing and administration (including the development of 

10 regulations and administrative policies and prac11 tices) of any program, including any program estab12 lished under this subpart— 

13 ‘‘(A) with respect to which the Secretary 

14 has jurisdiction; and 

15 ‘‘(B)(i) that includes Indian children or 

16 adults as participants; or 

17 ‘‘(ii) that may benefit Indian children 

18 or adults; 

19 ‘‘(2) make recommendations to the Secretary 

20 for filling the position of Director of Indian Edu21 cation whenever a vacancy occurs; and 

22 ‘‘(3) submit to Congress, not later than June 

23 30 of each year, a report on the activities of the 

24 Council, including— 

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1 ‘‘(A) any recommendations that the Coun2 cil considers appropriate for the improvement of 

3 Federal education programs that include Indian 

4 children or adults as participants, or that may 

5 benefit Indian children or adults; and 

6 ‘‘(B) recommendations concerning the 

7 funding of any program described in subpara8 graph (A). 

9 ‘‘SEC. 1282. PEER REVIEW. 

10 ‘‘The Secretary may use a peer review process to re11 view applications submitted to the Secretary under chap12 ter B. 

13 ‘‘SEC. 1283. PREFERENCE FOR INDIAN APPLICANTS. 

14 ‘‘In making grants and entering into contracts or co15 operative agreements under chapter B, the Secretary shall 

16 give a preference to Indian tribes, organizations, and insti17 tutions of higher education under any program with re18 spect to which Indian tribes, organizations, and institu19 tions are eligible to apply for grants, contracts, or coopera20 tive agreements. 

21 ‘‘SEC. 1284. MINIMUM GRANT CRITERIA. 

22 ‘‘The Secretary may not approve an application for 

23 a grant, contract, or cooperative agreement under chapter 

24 B unless the application is for a grant, contract, or cooper25 ative agreement that is— 

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1 ‘‘(1) of sufficient size, scope, and quality to 

2 achieve the purpose or objectives of such grant, con3 tract, or cooperative agreement; and 

4 ‘‘(2) based on relevant research findings. 

5 ‘‘CHAPTER D—DEFINITIONS 

6 ‘‘SEC. 1291. DEFINITIONS. 

7 ‘‘For the purposes of this subpart: 

8 ‘‘(1) ADULT.—The term ‘adult’ means an indi9 vidual who— 

10 ‘‘(A) has attained the age of 16 years; or 

11 ‘‘(B) has attained an age that is greater 

12 than the age of compulsory school attendance 

13 under an applicable State law. 

14 ‘‘(2) ALASKA NATIVE.—The term ‘Alaska Na15 tive’ has the same meaning as the term ‘Native’ has 

16 in section 3(b) of the Alaska Native Claims Settle17 ment Act. 

18 ‘‘(3) FREE PUBLIC EDUCATION.—The term 

19 ‘free public education’ means education that is— 

20 ‘‘(A) provided at public expense, under 

21 public supervision and direction, and without 

22 tuition charge; and 

23 ‘‘(B) provided as elementary or secondary 

24 education in the applicable State or to preschool 

25 children. 

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1 ‘‘(4) INDIAN.—The term ‘Indian’ means an in2 dividual who is— 

3 ‘‘(A) a member of an Indian tribe or band, 

4 as membership is defined by the tribe or band, 

5 including— 

6 ‘‘(i) any tribe or band terminated 

7 since 1940; and 

8 ‘‘(ii) any tribe or band recognized by 

9 the State in which the tribe or band re10 sides; 

11 ‘‘(B) a descendant, in the first or second 

12 degree, of an individual described in subpara13 graph (A); 

14 ‘‘(C) considered by the Secretary of the In15 terior to be an Indian for any purpose; 

16 ‘‘(D) an Eskimo, Aleut, or other Alaska 

17 Native; or 

18 ‘‘(E) a member of an organized Indian 

19 group that received a grant under the Indian 

20 Education Act of 1988 as in effect the day pre21 ceding the date of enactment of the Improving 

22 America’s Schools Act of 1994.’’. 

23 (b) STRIKE.—The Act is amended by striking title 

24 VII (20 U.S.C. 7401 et seq.). 

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1 Subtitle D—National Assessment 

2 SEC. 141. NATIONAL ASSESSMENT OF TITLE I. 

3 (a) IN GENERAL.—Part E of title I (20 U.S.C. 6491 

4 et seq.) is transferred and redesignated as part B of title 

5 I. 

6 (b) REPEALS.—Sections 1502 and 1504 (20 U.S.C. 

7 6492; 6494) are repealed. 

8 (c) REDESIGNATIONS.—Sections 1501 and 1503 (20 

9 U.S.C. 6491; 6493) are redesignated as sections 1301 and 

10 1302, respectively. 

11 (d) AMENDMENTS TO SECTION 1301.—Section 1301 

12 (20 U.S.C. 6491), as so redesignated, is amended— 

13 (1) in subsection (a)— 

14 (A) in paragraph (1), by inserting ‘‘, act15 ing through the Director of the Institute of 

16 Education Sciences (in this section and section 

17 1302 referred to as the ‘Director’),’’ after ‘‘The 

18 Secretary’’; 

19 (B) in paragraph (2)— 

20 (i) by striking ‘‘Secretary’’ and insert21 ing ‘‘Director’’; 

22 (ii) in subparagraph (A), by striking 

23 ‘‘reaching the proficient level’’ and all that 

24 follows and inserting ‘‘graduating high 

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1 school prepared for postsecondary edu2 cation or the workforce.’’; 

3 (iii) in subparagraph (B), by striking 

4 ‘‘reach the proficient’’ and all that follows 

5 and inserting ‘‘meet State academic stand6 ards.’’; 

7 (iv) by striking subparagraphs (D) 

8 and (G) and redesignating subparagraphs 

9 (E), (F), and (H) through (O) as subpara10 graphs (D) through (M), respectively; 

11 (v) in subparagraph (D)(v) (as so re12 designated), by striking ‘‘help schools in 

13 which’’ and all that follows and inserting 

14 ‘‘address disparities in the percentages of 

15 effective teachers teaching in low-income 

16 schools.’’ 

17 (vi) in subparagraph (G) (as so redes18 ignated)— 

19 (I) by striking ‘‘section 1116’’ 

20 and inserting ‘‘section 

21 1111(b)(3)(B)(iii)’’; and 

22 (II) by striking ‘‘, including the 

23 following’’ and all that follows and in24 serting a period; 

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1 (vii) in subparagraph (I) (as so redes2 ignated), by striking ‘‘qualifications’’ and 

3 inserting ‘‘effectiveness’’; 

4 (viii) in subparagraph (J) (as so re5 designated), by striking ‘‘, including funds 

6 under section 1002,’’; 

7 (ix) in subparagraph (L) (as so redes8 ignated), by striking ‘‘section 

9 1111(b)(2)(C)(v)(II)’’ and inserting ‘‘sec10 tion 1111(b)(2)(B)(xiii)’’; and 

11 (x) in subparagraph (M) (as so redes12 ignated), by striking ‘‘Secretary’’ and in13 serting ‘‘Director’’; 

14 (C) in paragraph (3), by striking ‘‘Sec15 retary’’ and inserting ‘‘Director’’; 

16 (D) in paragraph (4), by striking ‘‘Sec17 retary’’ and inserting ‘‘Director’’; 

18 (E) in paragraph (5), by striking ‘‘Sec19 retary’’ and inserting ‘‘Director’’; and 

20 (F) in paragraph (6)— 

21 (i) by striking ‘‘No Child Left Behind 

22 Act of 2001’’ each place it appears and in23 serting ‘‘Student Success Act’’ ; and 

24 (ii) by striking ‘‘Secretary’’ each place 

25 it appears and inserting ‘‘Director’’; 

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1 (2) in subsection (b), by striking ‘‘Secretary’’ 

2 each place it appears and inserting ‘‘Director’’; 

3 (3) in subsection (c)— 

4 (A) in paragraph (1)— 

5 (i) by striking ‘‘Secretary’’ and insert6 ing ‘‘Director’’; and 

7 (ii) by striking ‘‘part A’’ and inserting 

8 ‘‘subpart 1 of part A’’; 

9 (B) in paragraph (2)— 

10 (i) by striking ‘‘Secretary’’ and insert11 ing ‘‘Director’’; 

12 (ii) in subparagraph (B), by striking 

13 ‘‘challenging academic achievement stand14 ards’’ and inserting ‘‘State academic 

15 standards’’; 

16 (iii) in subparagraph (E), by striking 

17 ‘‘effects of the availability’’ and all that 

18 follows and inserting ‘‘extent to which ac19 tions authorized under section 

20 1111(b)(3)(B)(iii) improve the academic 

21 achievement of disadvantaged students and 

22 low-performing schools.’’; and 

23 (iv) in subparagraph (F), by striking 

24 ‘‘Secretary’’ and inserting ‘‘Director’’; and 

25 (C) in paragraph (3)— 

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1 (i) by striking ‘‘Secretary’’ and insert2 ing ‘‘Director’’; and 

3 (ii) by striking subparagraph (C) and 

4 inserting the following: 

5 ‘‘(C) analyzes varying models or strategies 

6 for delivering school services, including 

7 schoolwide and targeted services.’’; and 

8 (4) in subsection (d), by striking ‘‘Secretary’’ 

9 each place it appears and inserting ‘‘Director’’. 

10 (e) AMENDMENTS TO SECTION 1302.—Section 1302 

11 (20 U.S.C. 6493), as so redesignated, is amended— 

12 (1) in subsection (a)— 

13 (A) by striking ‘‘Secretary’’ and inserting 

14 ‘‘Director’’; and 

15 (B) by striking ‘‘and for making decisions 

16 about the promotion and graduation of stu17 dents’’; 

18 (2) in subsection (b)— 

19 (A) by striking ‘‘Secretary’’ and inserting 

20 ‘‘Director’’; 

21 (B) by striking ‘‘process,’’ and inserting 

22 ‘‘process consistent with section 5534,’’; and 

23 (C) by striking ‘‘Assistant Secretary of 

24 Educational Research and Improvement’’ and 

25 inserting ‘‘Director’’; 

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1 (3) in subsection (d)— 

2 (A) in paragraph (1)— 

3 (i) in subparagraph (A), by striking 

4 ‘‘to the State-defined level of proficiency’’ 

5 and inserting ‘‘toward meeting the State 

6 academic standards’’; and 

7 (ii) in subparagraph (C), by striking 

8 ‘‘pupil-services’’ and inserting ‘‘specialized 

9 instructional support services’’; 

10 (B) in paragraph (3), by striking ‘‘limited 

11 and nonlimited English proficient students’’ 

12 and inserting ‘‘English learners’’; and 

13 (C) in paragraph (6), by striking ‘‘Sec14 retary’’ and inserting ‘‘Director’’; and 

15 (4) in subsection (f)— 

16 (A) by striking ‘‘Secretary’’ and inserting 

17 ‘‘Director’’; and 

18 (B) by striking ‘‘authorized to be appro19 priated for this part’’ and inserting ‘‘appro20 priated under section 3(A)(2)’’. 

21 Subtitle E—Title I General 

22 Provisions 

23 SEC. 151. GENERAL PROVISIONS FOR TITLE I. 

24 Part I of title I (20 U.S.C. 6571 et seq.)— 

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1 (1) is transferred to and redesignated as part 

2 C of title I of the Act; and 

3 (2) is amended to read as follows: 

4 ‘‘PART C—GENERAL PROVISIONS 

5 ‘‘SEC. 1401. FEDERAL REGULATIONS. 

6 ‘‘(a) IN GENERAL.—The Secretary may, in accord7 ance with subsections (b) through (d), issue such regula8 tions as are necessary to reasonably ensure there is com9 pliance with this title. 

10 ‘‘(b) NEGOTIATED RULEMAKING PROCESS.— 

11 ‘‘(1) IN GENERAL.—Before publishing in the 

12 Federal Register proposed regulations to carry out 

13 this title, the Secretary shall obtain the advice and 

14 recommendations of representatives of Federal, 

15 State, and local administrators, parents, teachers, 

16 and members of local school boards and other orga17 nizations involved with the implementation and oper18 ation of programs under this title. 

19 ‘‘(2) MEETINGS AND ELECTRONIC EX20 CHANGE.—Such advice and recommendations may 

21 be obtained through such mechanisms as regional 

22 meetings and electronic exchanges of information. 

23 ‘‘(3) PROPOSED REGULATIONS.—After obtain24 ing such advice and recommendations, and before 

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1 publishing proposed regulations, the Secretary 

2 shall— 

3 ‘‘(A) establish a negotiated rulemaking 

4 process; 

5 ‘‘(B) select individuals to participate in 

6 such process from among individuals or groups 

7 that provided advice and recommendations, in8 cluding representation from all geographic re9 gions of the United States, in such numbers as 

10 will provide an equitable balance between rep11 resentatives of parents and students and rep12 resentatives of educators and education offi13 cials; and 

14 ‘‘(C) prepare a draft of proposed policy op15 tions that shall be provided to the individuals 

16 selected by the Secretary under subparagraph 

17 (B) not less than 15 days before the first meet18 ing under such process. 

19 ‘‘(c) PROPOSED RULEMAKING.—If the Secretary de20 termines that a negotiated rulemaking process is unneces21 sary or the individuals selected to participate in the proc22 ess under paragraph (3)(B) fail to reach unanimous agree23 ment, the Secretary may propose regulations under the 

24 following procedure: 

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1 ‘‘(1) Not less than 30 days prior to beginning 

2 a rulemaking process, the Secretary shall provide to 

3 Congress, including the Committee on Education 

4 and the Workforce of the House of Representatives 

5 and the Committee on Health, Education, Labor, 

6 and Pensions of the Senate, notice that shall in7 clude— 

8 ‘‘(A) a copy of the proposed regulations; 

9 ‘‘(B) the need to issue regulations; 

10 ‘‘(C) the anticipated burden the regula11 tions will have on State educational agencies, 

12 local educational agencies, schools, and other 

13 entities that may be impacted by the regula14 tions; and 

15 ‘‘(D) any regulations that will be repealed 

16 when the new regulations are issued. 

17 ‘‘(2) 30 days after giving notice of the proposed 

18 rule to Congress, the Secretary may proceed with 

19 the rulemaking process after addressing all com20 ments received from the Congress and publishing 

21 how such comments are addressed with the proposed 

22 rule. 

23 ‘‘(3) The comment and review period for any 

24 proposed regulation shall be 90 days unless an emer25 gency requires a shorter period, in which case such 

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1 period shall be not less than 45 days and the Sec2 retary shall— 

3 ‘‘(A) designate the proposed regulation as 

4 an emergency with an explanation of the emer5 gency in the notice and report to Congress 

6 under paragraph (1); and 

7 ‘‘(B) publish the length of the comment 

8 and review period in such notice and in the 

9 Federal Register. 

10 ‘‘(4) No regulation shall be made final after the 

11 comment and review period until the Secretary has 

12 published in the Federal Register an independent as13 sessment of— 

14 ‘‘(A) the burden, including the cost bur15 den, the regulation will impose on State edu16 cational agencies, local educational agencies, 

17 schools and other entities that may be impacted 

18 by the regulation; and 

19 ‘‘(B) an explanation of how the entities de20 scribed in subparagraph (A) may pay for imple21 menting the new regulation. 

22 ‘‘(d) LIMITATION.—Regulations to carry out this title 

23 may not require local programs to follow a particular in24 structional model, such as the provision of services outside 

25 the regular classroom or school program. 

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1 ‘‘SEC. 1402. AGREEMENTS AND RECORDS. 

2 ‘‘(a) AGREEMENTS.—In the case in which a nego3 tiated rule making process is established under subsection 

4 (b) of section 1401, all published proposed regulations 

5 shall conform to agreements that result from the rule6 making described in section 1401 unless the Secretary re7 opens the negotiated rulemaking process. 

8 ‘‘(b) RECORDS.—The Secretary shall ensure that an 

9 accurate and reliable record of agreements reached during 

10 the negotiations process is maintained. 

11 ‘‘SEC. 1403. STATE ADMINISTRATION. 

12 ‘‘(a) RULEMAKING.— 

13 ‘‘(1) IN GENERAL.—Each State that receives 

14 funds under this title shall— 

15 ‘‘(A) ensure that any State rules, regula16 tions, and policies relating to this title conform 

17 to the purposes of this title and provide any 

18 such proposed rules, regulations, and policies to 

19 the committee of practitioners created under 

20 subsection (b) for review and comment; 

21 ‘‘(B) minimize such rules, regulations, and 

22 policies to which the State’s local educational 

23 agencies and schools are subject; 

24 ‘‘(C) eliminate or modify State and local 

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1 tate the ability of schools to consolidate funds 

2 under schoolwide programs; 

3 ‘‘(D) identify any such rule, regulation, or 

4 policy as a State-imposed requirement; and 

5 ‘‘(E)(i) identify any duplicative or con6 trasting requirements between the State and 

7 Federal rules or regulations; 

8 ‘‘(ii) eliminate the rules and regulations 

9 that are duplicative of Federal requirements; 

10 and 

11 ‘‘(iii) report any conflicting requirements 

12 to the Secretary and determine which Federal 

13 or State rule or regulation shall be followed. 

14 ‘‘(2) SUPPORT AND FACILITATION.—State 

15 rules, regulations, and policies under this title shall 

16 support and facilitate local educational agency and 

17 school-level systemic reform designed to enable all 

18 children to meet the State academic standards. 

19 ‘‘(b) COMMITTEE OF PRACTITIONERS.— 

20 ‘‘(1) IN GENERAL.—Each State educational 

21 agency that receives funds under this title shall cre22 ate a State committee of practitioners to advise the 

23 State in carrying out its responsibilities under this 

24 title. 

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1 ‘‘(2) MEMBERSHIP.—Each such committee 

2 shall include— 

3 ‘‘(A) as a majority of its members, rep4 resentatives from local educational agencies; 

5 ‘‘(B) administrators, including the admin6 istrators of programs described in other parts 

7 of this title; 

8 ‘‘(C) teachers from public charter schools, 

9 traditional public schools, and career and tech10 nical educators; 

11 ‘‘(D) parents; 

12 ‘‘(E) members of local school boards; 

13 ‘‘(F) representatives of private school chil14 dren; and 

15 ‘‘(G) specialized instructional support per16 sonnel. 

17 ‘‘(3) DUTIES.—The duties of such committee 

18 shall include a review, before publication, of any pro19 posed or final State rule or regulation pursuant to 

20 this title. In an emergency situation where such rule 

21 or regulation must be issued within a very limited 

22 time to assist local educational agencies with the op23 eration of the program under this title, the State 

24 educational agency may issue a regulation without 

25 prior consultation, but shall immediately thereafter 

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1 convene the State committee of practitioners to re2 view the emergency regulation before issuance in 

3 final form. 

4 ‘‘SEC. 1404. PROHIBITION AGAINST FEDERAL MANDATES, 

5 DIRECTION, OR CONTROL. 

6 ‘‘(a) IN GENERAL.—Nothing in this title shall be con7 strued to authorize an officer or employee of the Federal 

8 Government to mandate, direct, or control a State, local 

9 educational agency, or school’s specific instructional con10 tent, academic standards and assessments, curriculum, or 

11 program of instruction. 

12 ‘‘(b) FINANCIAL SUPPORT.—Nothing in this title 

13 shall be construed to authorize an officer or employee of 

14 the Federal Government to make financial support avail15 able in a manner that is conditioned upon a State, local 

16 educational agency, or school’s adoption of specific in17 structional content, academic standards and assessments, 

18 curriculum, or program of instruction. No funds author19 ized under this Act may be made available to support fed20 erally required instructional content, academic standards 

21 and assessments, curriculum, or program of instruction 

22 even if such requirements are specified in an Act other 

23 than this Act. 

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1 ‘‘SEC. 1405. RULE OF CONSTRUCTION ON EQUALIZED 

2 SPENDING. 

3 ‘‘Nothing in this title shall be construed to mandate 

4 equalized spending per pupil for a State, local educational 

5 agency, or school.’’. 

6 TITLE II—GENERAL PROVISIONS 

7 FOR THE ACT 

8 SEC. 201. GENERAL PROVISIONS FOR THE ACT. 

9 (a) AMENDING TITLE V.—Title V (20 U.S.C. 7201 

10 et seq.) is amended to read as follows: 

11 ‘‘TITLE V—GENERAL PROVISIONS 

12 ‘‘PART A—DEFINITIONS

13 ‘‘SEC. 5101. DEFINITIONS. 

14 ‘‘Except as otherwise provided, in this Act: 

15 ‘‘(1) FOUR-YEAR ADJUSTED COHORT GRADUA16 TION RATE.— 

17 ‘‘(A) IN GENERAL.—The term ‘four-year 

18 adjusted cohort graduation rate’ means the 

19 ratio where— 

20 ‘‘(i) the denominator consists of the 

21 number of students who form the original 

22 cohort of entering first-time 9th grade stu23 dents enrolled in the high school no later 

24 than the effective date for student mem25 bership data submitted annually by State 

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1 ter for Education Statistics pursuant to 

2 section 153 of the Education Sciences Re3 form Act, adjusted by— 

4 ‘‘(I) adding the students who 

5 joined that cohort, after the time of 

6 the determination of the original co7 hort; and 

8 ‘‘(II) subtracting only those stu9 dents who left that cohort, after the 

10 time of the determination of the origi11 nal cohort, as described in subpara12 graph (B); and 

13 ‘‘(ii) the numerator consists of the 

14 number of students in the cohort, as ad15 justed under clause (i), who earned a reg16 ular high school diploma before, during, or 

17 at the conclusion of— 

18 ‘‘(I) the fourth year of high 

19 school; or 

20 ‘‘(II) a summer session imme21 diately following the fourth year of 

22 high school. 

23 ‘‘(B) COHORT REMOVAL.—To remove a 

24 student from a cohort, a school or local edu25 cational agency shall require documentation to 

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1 confirm that the student has transferred out, 

2 emigrated to another country, transferred to a 

3 prison or juvenile facility, or is deceased. 

4 ‘‘(C) TRANSFERRED OUT.— 

5 ‘‘(i) IN GENERAL.—For purposes of 

6 this paragraph, the term ‘transferred out’ 

7 means a student who the high school or 

8 local educational agency has confirmed, ac9 cording to clause (ii), has transferred— 

10 ‘‘(I) to another school from which 

11 the student is expected to receive a 

12 regular high school diploma; or 

13 ‘‘(II) to another educational pro14 gram from which the student is ex15 pected to receive a regular high school 

16 diploma. 

17 ‘‘(ii) CONFIRMATION REQUIRE18 MENTS.— 

19 ‘‘(I) DOCUMENTATION RE20 QUIRED.—The confirmation of a stu21 dent’s transfer to another school or 

22 educational program described in 

23 clause (i) requires documentation 

24 from the receiving school or program 

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1 that the student enrolled in the receiv2 ing school or program. 

3 ‘‘(II) LACK OF CONFIRMATION.— 

4 A student who was enrolled, but for 

5 whom there is no confirmation of the 

6 student having transferred out, shall 

7 remain in the adjusted cohort. 

8 ‘‘(iii) PROGRAMS NOT PROVIDING

9 CREDIT.—A student who is retained in 

10 grade or who is enrolled in a GED or other 

11 alternative educational program that does 

12 not issue or provide credit toward the 

13 issuance of a regular high school diploma 

14 shall not be considered transferred out and 

15 shall remain in the adjusted cohort. 

16 ‘‘(D) SPECIAL RULE.—For those high 

17 schools that start after grade 9, the original co18 hort shall be calculated for the earliest high 

19 school grade students attend no later than the 

20 effective date for student membership data sub21 mitted annually by State educational agencies 

22 to the National Center for Education Statistics 

23 pursuant to section 153 of the Education 

24 Sciences Reform Act. 

25 ‘‘(2) AVERAGE DAILY ATTENDANCE.— 

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1 ‘‘(A) IN GENERAL.—Except as provided 

2 otherwise by State law or this paragraph, the 

3 term ‘average daily attendance’ means— 

4 ‘‘(i) the aggregate number of days of 

5 attendance of all students during a school 

6 year; divided by 

7 ‘‘(ii) the number of days school is in 

8 session during that year. 

9 ‘‘(B) CONVERSION.—The Secretary shall 

10 permit the conversion of average daily member11 ship (or other similar data) to average daily at12 tendance for local educational agencies in 

13 States that provide State aid to local edu14 cational agencies on the basis of average daily 

15 membership (or other similar data). 

16 ‘‘(C) SPECIAL RULE.—If the local edu17 cational agency in which a child resides makes 

18 a tuition or other payment for the free public 

19 education of the child in a school located in an20 other school district, the Secretary shall, for the 

21 purpose of this Act— 

22 ‘‘(i) consider the child to be in attend23 ance at a school of the agency making the 

24 payment; and 

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1 ‘‘(ii) not consider the child to be in at2 tendance at a school of the agency receiv3 ing the payment. 

4 ‘‘(D) CHILDREN WITH DISABILITIES.—If a 

5 local educational agency makes a tuition pay6 ment to a private school or to a public school 

7 of another local educational agency for a child 

8 with a disability, as defined in section 602 of 

9 the Individuals with Disabilities Education Act, 

10 the Secretary shall, for the purpose of this Act, 

11 consider the child to be in attendance at a 

12 school of the agency making the payment. 

13 ‘‘(3) AVERAGE PER-PUPIL EXPENDITURE.—The 

14 term ‘average per-pupil expenditure’ means, in the 

15 case of a State or of the United States— 

16 ‘‘(A) without regard to the source of 

17 funds— 

18 ‘‘(i) the aggregate current expendi19 tures, during the third fiscal year pre20 ceding the fiscal year for which the deter21 mination is made (or, if satisfactory data 

22 for that year are not available, during the 

23 most recent preceding fiscal year for which 

24 satisfactory data are available) of all local 

25 educational agencies in the State or, in the 

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1 case of the United States, for all States 

2 (which, for the purpose of this paragraph, 

3 means the 50 States and the District of 

4 Columbia); plus 

5 ‘‘(ii) any direct current expenditures 

6 by the State for the operation of those 

7 agencies; divided by 

8 ‘‘(B) the aggregate number of children in 

9 average daily attendance to whom those agen10 cies provided free public education during that 

11 preceding year. 

12 ‘‘(4) CHARTER SCHOOL.—The term ‘charter 

13 school’ means a public school that— 

14 ‘‘(A) in accordance with a specific State 

15 statute authorizing the granting of charters to 

16 schools, is exempt from significant State or 

17 local rules that inhibit the flexible operation 

18 and management of public schools, but not 

19 from any rules relating to the other require20 ments of this paragraph; 

21 ‘‘(B) is created by a developer as a public 

22 school, or is adapted by a developer from an ex23 isting public school, and is operated under pub24 lic supervision and direction; 

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1 ‘‘(C) operates in pursuit of a specific set of 

2 educational objectives determined by the 

3 school’s developer and agreed to by the author4 ized public chartering agency; 

5 ‘‘(D) provides a program of elementary or 

6 secondary education, or both; 

7 ‘‘(E) is nonsectarian in its programs, ad8 missions policies, employment practices, and all 

9 other operations; 

10 ‘‘(F) does not charge tuition; 

11 ‘‘(G) complies with the Age Discrimination 

12 Act of 1975, title VI of the Civil Rights Act of 

13 1964, title IX of the Education Amendments of 

14 1972, section 504 of the Rehabilitation Act of 

15 1973, and part B of the Individuals with Dis16 abilities Education Act; 

17 ‘‘(H) is a school to which parents choose to 

18 send their children, and that admits students 

19 on the basis of a lottery, if more students apply 

20 for admission than can be accommodated; 

21 ‘‘(I) agrees to comply with the same Fed22 eral and State audit requirements as do other 

23 elementary schools and secondary schools in the 

24 State, unless such requirements are specifically 

25 waived for the purpose of this program; 

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1 ‘‘(J) meets all applicable Federal, State, 

2 and local health and safety requirements; 

3 ‘‘(K) operates in accordance with State 

4 law; 

5 ‘‘(L) has a written performance contract 

6 with the authorized public chartering agency in 

7 the State that includes a description of how 

8 student performance will be measured in char9 ter schools pursuant to State assessments that 

10 are required of other schools and pursuant to 

11 any other assessments mutually agreeable to 

12 the authorized public chartering agency and the 

13 charter school; and 

14 ‘‘(M) may serve pre-kindergarten or post15 secondary school students. 

16 ‘‘(5) CHILD.—The term ‘child’ means any per17 son within the age limits for which the State pro18 vides free public education. 

19 ‘‘(6) CHILD WITH A DISABILITY.—The term 

20 ‘child with a disability’ has the same meaning given 

21 that term in section 602 of the Individuals with Dis22 abilities Education Act. 

23 ‘‘(7) COMMUNITY-BASED ORGANIZATION.—The 

24 term ‘community-based organization’ means a public 

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1 or private nonprofit organization of demonstrated ef2 fectiveness that— 

3 ‘‘(A) is representative of a community or 

4 significant segments of a community; and 

5 ‘‘(B) provides educational or related serv6 ices to individuals in the community. 

7 ‘‘(8) CONSOLIDATED LOCAL APPLICATION.— 

8 The term ‘consolidated local application’ means an 

9 application submitted by a local educational agency 

10 pursuant to section 5305. 

11 ‘‘(9) CONSOLIDATED LOCAL PLAN.—The term 

12 ‘consolidated local plan’ means a plan submitted by 

13 a local educational agency pursuant to section 5305. 

14 ‘‘(10) CONSOLIDATED STATE APPLICATION.— 

15 The term ‘consolidated State application’ means an 

16 application submitted by a State educational agency 

17 pursuant to section 5302. 

18 ‘‘(11) CONSOLIDATED STATE PLAN.—The term 

19 ‘consolidated State plan’ means a plan submitted by 

20 a State educational agency pursuant to section 

21 5302. 

22 ‘‘(12) CORE ACADEMIC SUBJECTS.—The term 

23 ‘core academic subjects’ means English, reading or 

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1 guages, civics and government, economics, arts, his2 tory, and geography. 

3 ‘‘(13) COUNTY.—The term ‘county’ means one 

4 of the divisions of a State used by the Secretary of 

5 Commerce in compiling and reporting data regard6 ing counties. 

7 ‘‘(14) COVERED PROGRAM.—The term ‘covered 

8 program’ means each of the programs authorized 

9 by— 

10 ‘‘(A) part A of title I; 

11 ‘‘(B) title II; and 

12 ‘‘(C) title III. 

13 ‘‘(15) CURRENT EXPENDITURES.—The term 

14 ‘current expenditures’ means expenditures for free 

15 public education— 

16 ‘‘(A) including expenditures for adminis17 tration, instruction, attendance and health serv18 ices, pupil transportation services, operation 

19 and maintenance of plant, fixed charges, and 

20 net expenditures to cover deficits for food serv21 ices and student body activities; but 

22 ‘‘(B) not including expenditures for com23 munity services, capital outlay, and debt serv24 ice, or any expenditures made from funds re25 ceived under title I. 

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1 ‘‘(16) DEPARTMENT.—The term ‘Department’ 

2 means the Department of Education. 

3 ‘‘(17) DISTANCE EDUCATION.—The term ‘dis4 tance education’ means the use of one or more tech5 nologies to deliver instruction to students who are 

6 separated from the instructor and to support regular 

7 and substantive interaction between the students 

8 and the instructor synchronously or nonsyn9 chronously. 

10 ‘‘(18) EDUCATIONAL SERVICE AGENCY.—The 

11 term ‘educational service agency’ means a regional 

12 public multiservice agency authorized by State stat13 ute to develop, manage, and provide services or pro14 grams to local educational agencies. 

15 ‘‘(19) ELEMENTARY SCHOOL.—The term ‘ele16 mentary school’ means a nonprofit institutional day 

17 or residential school, including a public elementary 

18 charter school, that provides elementary education, 

19 as determined under State law. 

20 ‘‘(20) ENGLISH LEARNER.—The term ‘English 

21 learner’, when used with respect to an individual, 

22 means an individual— 

23 ‘‘(A) who is aged 3 through 21; 

24 ‘‘(B) who is enrolled or preparing to enroll 

25 in an elementary school or secondary school; 

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1 ‘‘(C)(i) who was not born in the United 

2 States or whose native language is a language 

3 other than English; 

4 ‘‘(ii)(I) who is a Native American or 

5 Alaska Native, or a native resident of the 

6 outlying areas; and 

7 ‘‘(II) who comes from an environ8 ment where a language other than 

9 English has had a significant impact 

10 on the individual’s level of English 

11 language proficiency; or 

12 ‘‘(iii) who is migratory, whose native 

13 language is a language other than English, 

14 and who comes from an environment where 

15 a language other than English is domi16 nant; and 

17 ‘‘(D) whose difficulties in speaking, read18 ing, writing, or understanding the English lan19 guage may be sufficient to deny the indi20 vidual— 

21 ‘‘(i) the ability to meet the State’s 

22 academic standards described in section 

23 1111; 

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1 ‘‘(ii) the ability to successfully achieve 

2 in classrooms where the language of in3 struction is English; or 

4 ‘‘(iii) the opportunity to participate 

5 fully in society. 

6 ‘‘(21) EXTENDED-YEAR ADJUSTED COHORT

7 GRADUATION RATE.— 

8 ‘‘(A) IN GENERAL.—The term ‘extended9 year adjusted cohort graduation rate’ means the 

10 ratio where— 

11 ‘‘(i) the denominator consists of the 

12 number of students who form the original 

13 cohort of students who entered the entry 

14 grade together in the entry year of high 

15 school, adjusted by— 

16 ‘‘(I) adding the students who 

17 joined that cohort, after the time of 

18 the determination of the original co19 hort; and 

20 ‘‘(II) subtracting only those stu21 dents who left that cohort, after the 

22 time of the determination of the origi23 nal cohort; and 

24 ‘‘(ii) the numerator consists of the 

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1 justed under clause (i), who earned a reg2 ular high school diploma before, during, or 

3 at the conclusion of— 

4 ‘‘(I) one or more additional years 

5 beyond the fourth year of high school; 

6 or 

7 ‘‘(II) a summer session imme8 diately following the additional year of 

9 high school. 

10 ‘‘(B) COHORT REMOVAL.—To remove a 

11 student from a cohort, a school or local edu12 cational agency shall require documentation to 

13 confirm that the student has transferred out, 

14 emigrated to another country, transferred to a 

15 prison or juvenile facility, or is deceased. 

16 ‘‘(C) TRANSFERRED OUT.— 

17 ‘‘(i) IN GENERAL.—For purposes of 

18 this paragraph, the term ‘transferred out’ 

19 means a student who the high school or 

20 local educational agency has confirmed, ac21 cording to clause (ii), has transferred— 

22 ‘‘(I) to another school from which 

23 the student is expected to receive a 

24 regular high school diploma; or 

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1 ‘‘(II) to another educational pro2 gram from which the student is ex3 pected to receive a regular high school 

4 diploma. 

5 ‘‘(ii) CONFIRMATION REQUIRE6 MENTS.— 

7 ‘‘(I) DOCUMENTATION RE8 QUIRED.—The confirmation of a stu9 dent’s transfer to another school or 

10 educational program described in 

11 clause (i) requires documentation 

12 from the receiving school or program 

13 that the student enrolled in the receiv14 ing school or program. 

15 ‘‘(II) LACK OF CONFIRMATION.— 

16 A student who was enrolled, but for 

17 whom there is no confirmation of the 

18 student having transferred out, shall 

19 remain in the extended-year adjusted 

20 cohort. 

21 ‘‘(iii) PROGRAMS NOT PROVIDING

22 CREDIT.—A student who is retained in 

23 grade or who is enrolled in a GED or other 

24 alternative educational program that does 

25 not issue or provide credit toward the 

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1 issuance of a regular high school diploma 

2 shall not be considered transferred out and 

3 shall remain in the extended-year adjusted 

4 cohort. 

5 ‘‘(D) SPECIAL RULE.—For those high 

6 schools that start after grade 9, the original co7 hort shall be calculated for the earliest high 

8 school grade students attend no later than the 

9 effective date for student membership data sub10 mitted annually by State educational agencies 

11 to the National Center for Education Statistics 

12 pursuant to section 153 of the Education 

13 Sciences Reform Act. 

14 ‘‘(22) FAMILY LITERACY SERVICES.—The term 

15 ‘family literacy services’ means services provided to 

16 participants on a voluntary basis that are of suffi17 cient intensity in terms of hours, and of sufficient 

18 duration, to make sustainable changes in a family, 

19 and that integrate all of the following activities: 

20 ‘‘(A) Interactive literacy activities between 

21 parents and their children. 

22 ‘‘(B) Training for parents regarding how 

23 to be the primary teacher for their children and 

24 full partners in the education of their children. 

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1 ‘‘(C) Parent literacy training that leads to 

2 economic self-sufficiency. 

3 ‘‘(D) An age-appropriate education to pre4 pare children for success in school and life ex5 periences. 

6 ‘‘(23) FREE PUBLIC EDUCATION.—The term 

7 ‘free public education’ means education that is pro8 vided— 

9 ‘‘(A) at public expense, under public super10 vision and direction, and without tuition charge; 

11 and 

12 ‘‘(B) as elementary school or secondary 

13 school education as determined under applicable 

14 State law, except that the term does not include 

15 any education provided beyond grade 12. 

16 ‘‘(24) GRADUATION RATE.—The term ‘gradua17 tion rate’ means the adjusted cohort graduation 

18 rate. 

19 ‘‘(25) HIGH SCHOOL.—The term ‘high school’ ’’ 

20 means a secondary school that— 

21 ‘‘(A) grants a diploma, as defined by the 

22 State; and 

23 ‘‘(B) includes, at least, grade 12. 

24 ‘‘(26) INSTITUTION OF HIGHER EDUCATION.— 

25 The term ‘institution of higher education’ has the 

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1 meaning given that term in section 101(a) of the 

2 Higher Education Act of 1965. 

3 ‘‘(27) LOCAL EDUCATIONAL AGENCY.— 

4 ‘‘(A) IN GENERAL.—The term ‘local edu5 cational agency’ means a public board of edu6 cation or other public authority legally con7 stituted within a State for either administrative 

8 control or direction of, or to perform a service 

9 function for, public elementary schools or sec10 ondary schools in a city, county, township, 

11 school district, or other political subdivision of 

12 a State, or of or for a combination of school 

13 districts or counties that is recognized in a 

14 State as an administrative agency for its public 

15 elementary schools or secondary schools. 

16 ‘‘(B) ADMINISTRATIVE CONTROL AND DI17 RECTION.—The term includes any other public 

18 institution or agency having administrative con19 trol and direction of a public elementary school 

20 or secondary school. 

21 ‘‘(C) BIE SCHOOLS.—The term includes 

22 an elementary school or secondary school fund23 ed by the Bureau of Indian Education but only 

24 to the extent that including the school makes 

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1 cific eligibility is not provided to the school in 

2 another provision of law and the school does not 

3 have a student population that is smaller than 

4 the student population of the local educational 

5 agency receiving assistance under this Act with 

6 the smallest student population, except that the 

7 school shall not be subject to the jurisdiction of 

8 any State educational agency other than the 

9 Bureau of Indian Education. 

10 ‘‘(D) EDUCATIONAL SERVICE AGENCIES.— 

11 The term includes educational service agencies 

12 and consortia of those agencies. 

13 ‘‘(E) STATE EDUCATIONAL AGENCY.—The 

14 term includes the State educational agency in a 

15 State in which the State educational agency is 

16 the sole educational agency for all public 

17 schools. 

18 ‘‘(28) NATIVE AMERICAN AND NATIVE AMER19 ICAN LANGUAGE.—The terms ‘Native American’ and 

20 ‘Native American language’ have the same meaning 

21 given those terms in section 103 of the Native 

22 American Languages Act of 1990. 

23 ‘‘(29) OTHER STAFF.—The term ‘other staff’ 

24 means specialized instructional support personnel, li25 brarians, career guidance and counseling personnel, 

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1 education aides, and other instructional and admin2 istrative personnel. 

3 ‘‘(30) OUTLYING AREA.—The term ‘outlying 

4 area’— 

5 ‘‘(A) means American Samoa, the Com6 monwealth of the Northern Mariana Islands, 

7 Guam, and the United States Virgin Islands; 

8 ‘‘(B) means the Republic of Palau, to the 

9 extent permitted under section 105(f)(1)(B)(ix) 

10 of the Compact of Free Association Amend11 ments Act of 2003 (Public Law 99–658; 117 

12 Stat. 2751) and until an agreement for the ex13 tension of United States education assistance 

14 under the Compact of Free Association becomes 

15 effective for the Republic of Palau; and 

16 ‘‘(C) for the purpose of any discretionary 

17 grant program under this Act, includes the Re18 public of the Marshall Islands and the Fed19 erated States of Micronesia, to the extent per20 mitted under section 105(f)(1)(B)(viii) of the 

21 Compact of Free Association Amendments Act 

22 of 2003 (Public Law 108–188; 117 Stat. 

23 2751). 

24 ‘‘(31) PARENT.—The term ‘parent’ includes a 

25 legal guardian or other person standing in loco 

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1 parentis (such as a grandparent or stepparent with 

2 whom the child lives, or a person who is legally re3 sponsible for the child’s welfare). 

4 ‘‘(32) PARENTAL INVOLVEMENT.—The term 

5 ‘parental involvement’ means the participation of 

6 parents in regular, two-way, and meaningful commu7 nication involving student academic learning and 

8 other school activities, including ensuring— 

9 ‘‘(A) that parents play an integral role in 

10 assisting in their child’s learning; 

11 ‘‘(B) that parents are encouraged to be ac12 tively involved in their child’s education at 

13 school; 

14 ‘‘(C) that parents are full partners in their 

15 child’s education and are included, as appro16 priate, in decisionmaking and on advisory com17 mittees to assist in the education of their child; 

18 and 

19 ‘‘(D) the carrying out of other activities, 

20 such as those described in section 1118. 

21 ‘‘(33) POVERTY LINE.—The term ‘poverty line’ 

22 means the poverty line (as defined by the Office of 

23 Management and Budget and revised annually in ac24 cordance with section 673(2) of the Community 

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1 Services Block Grant Act) applicable to a family of 

2 the size involved. 

3 ‘‘(34) PROFESSIONAL DEVELOPMENT.—The 

4 term ‘professional development’— 

5 ‘‘(A) includes activities that— 

6 ‘‘(i) improve and increase teachers’ 

7 knowledge of the academic subjects the 

8 teachers teach, and enable teachers to be9 come effective educators; 

10 ‘‘(ii) are an integral part of broad 

11 schoolwide and districtwide educational im12 provement plans; 

13 ‘‘(iii) give teachers, school leaders, 

14 other staff, and administrators the knowl15 edge and skills to provide students with 

16 the opportunity to meet State academic 

17 standards; 

18 ‘‘(iv) improve classroom management 

19 skills; 

20 ‘‘(v)(I) are high quality, job-embed21 ded, and continuous in order to have a 

22 positive and lasting impact on classroom 

23 instruction and the teacher’s performance 

24 in the classroom; and 

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1 ‘‘(II) are not 1-day or short-term 

2 workshops or conferences; 

3 ‘‘(vi) support the recruiting, hiring, 

4 and training of effective teachers, including 

5 teachers who became certified or licensed 

6 through State and local alternative routes 

7 to certification; 

8 ‘‘(vii) advance teacher understanding 

9 of effective instructional strategies that 

10 are— 

11 ‘‘(I) evidence-based; and 

12 ‘‘(II) strategies for improving 

13 student academic achievement or sub14 stantially increasing the knowledge 

15 and teaching skills of teachers, includ16 ing through addressing the social and 

17 emotional development needs of stu18 dents; and 

19 ‘‘(viii) are aligned with and directly 

20 related to— 

21 ‘‘(I) State academic standards 

22 and assessments; and 

23 ‘‘(II) the curricula and programs 

24 tied to the standards described in sub25 clause (I); 

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1 ‘‘(ix) are developed with extensive par2 ticipation of teachers, school leaders, par3 ents, and administrators of schools to be 

4 served under this Act; 

5 ‘‘(x) are designed to give teachers of 

6 English learners and other teachers and 

7 instructional staff, the knowledge and 

8 skills to provide instruction and appro9 priate language and academic support 

10 services to those children, including the ap11 propriate use of curricula and assessments; 

12 ‘‘(xi) to the extent appropriate, pro13 vide training for teachers and school lead14 ers in the use of technology so that tech15 nology and technology applications are ef16 fectively used in the classroom to improve 

17 teaching and learning in the curricula and 

18 core academic subjects in which the teach19 ers teach; 

20 ‘‘(xii) as a whole, are regularly evalu21 ated for their impact on increased teacher 

22 effectiveness and improved student aca23 demic achievement, with the findings of 

24 the evaluations used to improve the quality 

25 of the professional development; 

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1 ‘‘(xiii) provide instruction in methods 

2 of teaching children with special needs; 

3 ‘‘(xiv) include instruction in the use of 

4 data and assessments to inform and in5 struct classroom practice; and 

6 ‘‘(xv) include instruction in ways that 

7 teachers, school leaders, specialized in8 structional support personnel, and school 

9 administrators may work more effectively 

10 with parents; and 

11 ‘‘(B) may include activities that— 

12 ‘‘(i) involve the forming of partner13 ships with institutions of higher education 

14 to establish school-based teacher training 

15 programs that provide prospective teachers 

16 and new teachers with an opportunity to 

17 work under the guidance of experienced 

18 teachers and college faculty; 

19 ‘‘(ii) create programs to enable para20 professionals (assisting teachers employed 

21 by a local educational agency receiving as22 sistance under subpart 1 of part A of title 

23 I) to obtain the education necessary for 

24 those paraprofessionals to become certified 

25 and licensed teachers; and 

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1 ‘‘(iii) provide follow-up training to 

2 teachers who have participated in activities 

3 described in subparagraph (A) or another 

4 clause of this subparagraph that are de5 signed to ensure that the knowledge and 

6 skills learned by the teachers are imple7 mented in the classroom. 

8 ‘‘(35) REGULAR HIGH SCHOOL DIPLOMA.— 

9 ‘‘(A) IN GENERAL.—The term ‘regular 

10 high school diploma’ means the standard high 

11 school diploma awarded to the preponderance of 

12 students in the State that is fully aligned with 

13 State standards, or a higher diploma. Such 

14 term shall not include a GED or other recog15 nized equivalent of a diploma, a certificate of 

16 attendance, or any lesser diploma award. 

17 ‘‘(B) EXCEPTION FOR STUDENTS WITH

18 SIGNIFICANT COGNITIVE DISABILITIES.—For a 

19 student who is assessed using an alternate as20 sessment aligned to alternate academic stand21 ards under section 1111(b)(1)(D), receipt of a 

22 regular high school diploma or a State-defined 

23 alternate diploma obtained within the time pe24 riod for which the State ensures the availability 

25 of a free appropriate public education and in 

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1 accordance with section 612(a)(1) of the Indi2 viduals with Disabilities Education Act shall be 

3 counted as graduating with a regular high 

4 school diploma for the purposes of this Act. 

5 ‘‘(36) SECONDARY SCHOOL.—The term ‘sec6 ondary school’ means a nonprofit institutional day or 

7 residential school, including a public secondary char8 ter school, that provides secondary education, as de9 termined under State law, except that the term does 

10 not include any education beyond grade 12. 

11 ‘‘(37) SECRETARY.—The term ‘Secretary’ 

12 means the Secretary of Education. 

13 ‘‘(38) SPECIALIZED INSTRUCTIONAL SUPPORT

14 PERSONNEL; SPECIALIZED INSTRUCTIONAL SUPPORT

15 SERVICES.— 

16 ‘‘(A) SPECIALIZED INSTRUCTIONAL SUP17 PORT PERSONNEL.—The term ‘specialized in18 structional support personnel’ means school 

19 counselors, school social workers, school psy20 chologists, and other qualified professional per21 sonnel involved in providing assessment, diag22 nosis, counseling, educational, therapeutic, and 

23 other necessary services (including related serv24 ices as that term is defined in section 602 of 

25 the Individuals with Disabilities Education Act) 

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1 as part of a comprehensive program to meet 

2 student needs. 

3 ‘‘(B) SPECIALIZED INSTRUCTIONAL SUP4 PORT SERVICES.—The term ‘specialized instruc5 tional support services’ means the services pro6 vided by specialized instructional support per7 sonnel. 

8 ‘‘(39) STATE.—The term ‘State’ means each of 

9 the 50 States, the District of Columbia, the Com10 monwealth of Puerto Rico, and each of the outlying 

11 areas. 

12 ‘‘(40) STATE EDUCATIONAL AGENCY.—The 

13 term ‘State educational agency’ means the agency 

14 primarily responsible for the State supervision of 

15 public elementary schools and secondary schools. 

16 ‘‘(41) TECHNOLOGY.—The term ‘technology’ 

17 means modern information, computer and commu18 nication technology products, services, or tools, in19 cluding, but not limited to, the Internet and other 

20 communications networks, computer devices and 

21 other computer and communications hardware, soft22 ware applications, data systems, and other electronic 

23 content and data storage. 

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1 ‘‘SEC. 5102. APPLICABILITY OF TITLE. 

2 ‘‘Parts B, C, D, and E of this title do not apply to 

3 title IV of this Act. 

4 ‘‘SEC. 5103. APPLICABILITY TO BUREAU OF INDIAN EDU5 CATION OPERATED SCHOOLS. 

6 ‘‘For the purpose of any competitive program under 

7 this Act— 

8 ‘‘(1) a consortium of schools operated by the 

9 Bureau of Indian Education; 

10 ‘‘(2) a school operated under a contract or 

11 grant with the Bureau of Indian Education in con12 sortium with another contract or grant school or a 

13 tribal or community organization; or 

14 ‘‘(3) a Bureau of Indian Education school in 

15 consortium with an institution of higher education, 

16 a contract or grant school, or a tribal or community 

17 organization, 

18 shall be given the same consideration as a local edu19 cational agency. 

20 ‘‘PART B—FLEXIBILITY IN THE USE OF

21 ADMINISTRATIVE AND OTHER FUNDS

22 ‘‘SEC. 5201. CONSOLIDATION OF STATE ADMINISTRATIVE 

23 FUNDS FOR ELEMENTARY AND SECONDARY 

24 EDUCATION PROGRAMS. 

25 ‘‘(a) CONSOLIDATION OF ADMINISTRATIVE FUNDS.— 

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1 ‘‘(1) IN GENERAL.—A State educational agency 

2 may consolidate the amounts specifically made avail3 able to it for State administration under one or 

4 more of the programs under paragraph (2). 

5 ‘‘(2) APPLICABILITY.—This section applies to 

6 any program under this Act under which funds are 

7 authorized to be used for administration, and such 

8 other programs as the Secretary may designate. 

9 ‘‘(b) USE OF FUNDS.— 

10 ‘‘(1) IN GENERAL.—A State educational agency 

11 shall use the amount available under this section for 

12 the administration of the programs included in the 

13 consolidation under subsection (a). 

14 ‘‘(2) ADDITIONAL USES.—A State educational 

15 agency may also use funds available under this sec16 tion for administrative activities designed to enhance 

17 the effective and coordinated use of funds under pro18 grams included in the consolidation under subsection 

19 (a), such as— 

20 ‘‘(A) the coordination of those programs 

21 with other Federal and non-Federal programs; 

22 ‘‘(B) the establishment and operation of 

23 peer-review mechanisms under this Act; 

24 ‘‘(C) the administration of this title; 

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1 ‘‘(D) the dissemination of information re2 garding model programs and practices; 

3 ‘‘(E) technical assistance under any pro4 gram under this Act; 

5 ‘‘(F) State-level activities designed to carry 

6 out this title; 

7 ‘‘(G) training personnel engaged in audit 

8 and other monitoring activities; and 

9 ‘‘(H) implementation of the Cooperative 

10 Audit Resolution and Oversight Initiative of the 

11 Department. 

12 ‘‘(c) RECORDS.—A State educational agency that 

13 consolidates administrative funds under this section shall 

14 not be required to keep separate records, by individual 

15 program, to account for costs relating to the administra16 tion of programs included in the consolidation under sub17 section (a). 

18 ‘‘(d) REVIEW.—To determine the effectiveness of 

19 State administration under this section, the Secretary may 

20 periodically review the performance of State educational 

21 agencies in using consolidated administrative funds under 

22 this section and take such steps as the Secretary finds 

23 appropriate to ensure the effectiveness of that administra24 tion. 

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1 ‘‘(e) UNUSED ADMINISTRATIVE FUNDS.—If a State 

2 educational agency does not use all of the funds available 

3 to the agency under this section for administration, the 

4 agency may use those funds during the applicable period 

5 of availability as funds available under one or more pro6 grams included in the consolidation under subsection (a). 

7 ‘‘(f) CONSOLIDATION OF FUNDS FOR STANDARDS

8 AND ASSESSMENT DEVELOPMENT.—In order to develop 

9 State academic standards and assessments, a State edu10 cational agency may consolidate the amounts described in 

11 subsection (a) for those purposes under title I. 

12 ‘‘SEC. 5202. SINGLE LOCAL EDUCATIONAL AGENCY STATES. 

13 ‘‘A State educational agency that also serves as a 

14 local educational agency shall, in its applications or plans 

15 under this Act, describe how the agency will eliminate du16 plication in conducting administrative functions. 

17 ‘‘SEC. 5203. CONSOLIDATED SET-ASIDE FOR DEPARTMENT 

18 OF THE INTERIOR FUNDS. 

19 ‘‘(a) GENERAL AUTHORITY.— 

20 ‘‘(1) TRANSFER.—The Secretary shall transfer 

21 to the Department of the Interior, as a consolidated 

22 amount for covered programs, the Indian education 

23 programs under subpart 6 of part A of title I, and 

24 the education for homeless children and youth pro25 gram under subtitle B of title VII of the McKinneymstockstill on DSK4VPTVN1PROD with BILLS

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1 Vento Homeless Assistance Act, the amounts allot2 ted to the Department of the Interior under those 

3 programs. 

4 ‘‘(2) AGREEMENT.— 

5 ‘‘(A) IN GENERAL.—The Secretary and the 

6 Secretary of the Interior shall enter into an 

7 agreement, consistent with the requirements of 

8 the programs specified in paragraph (1), for the 

9 distribution and use of those program funds 

10 under terms that the Secretary determines best 

11 meet the purposes of those programs. 

12 ‘‘(B) CONTENTS.—The agreement shall— 

13 ‘‘(i) set forth the plans of the Sec14 retary of the Interior for the use of the 

15 amount transferred and the achievement 

16 measures to assess program effectiveness; 

17 and 

18 ‘‘(ii) be developed in consultation with 

19 Indian tribes. 

20 ‘‘(b) ADMINISTRATION.—The Department of the In21 terior may use not more than 1.5 percent of the funds 

22 consolidated under this section for its costs related to the 

23 administration of the funds transferred under this section. 

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1 ‘‘PART C—COORDINATION OF PROGRAMS; CONSOLI2 DATED STATE AND LOCAL PLANS AND APPLICA3 TIONS

4 ‘‘SEC. 5301. PURPOSES. 

5 ‘‘The purposes of this part are— 

6 ‘‘(1) to improve teaching and learning by en7 couraging greater cross-program coordination, plan8 ning, and service delivery; 

9 ‘‘(2) to provide greater flexibility to State and 

10 local authorities through consolidated plans, applica11 tions, and reporting; and 

12 ‘‘(3) to enhance the integration of programs 

13 under this Act with State and local programs. 

14 ‘‘SEC. 5302. OPTIONAL CONSOLIDATED STATE PLANS OR 

15 APPLICATIONS. 

16 ‘‘(a) GENERAL AUTHORITY.— 

17 ‘‘(1) SIMPLIFICATION.—In order to simplify ap18 plication requirements and reduce the burden for 

19 State educational agencies under this Act, the Sec20 retary, in accordance with subsection (b), shall es21 tablish procedures and criteria under which, after 

22 consultation with the Governor, a State educational 

23 agency may submit a consolidated State plan or a 

24 consolidated State application meeting the require25 ments of this section for— 

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1 ‘‘(A) each of the covered programs in 

2 which the State participates; and 

3 ‘‘(B) such other programs as the Secretary 

4 may designate. 

5 ‘‘(2) CONSOLIDATED APPLICATIONS AND

6 PLANS.—After consultation with the Governor, a 

7 State educational agency that submits a consolidated 

8 State plan or a consolidated State application under 

9 this section shall not be required to submit separate 

10 State plans or applications under any of the pro11 grams to which the consolidated State plan or con12 solidated State application under this section ap13 plies. 

14 ‘‘(b) COLLABORATION.— 

15 ‘‘(1) IN GENERAL.—In establishing criteria and 

16 procedures under this section, the Secretary shall 

17 collaborate with State educational agencies and, as 

18 appropriate, with other State agencies, local edu19 cational agencies, public and private agencies, orga20 nizations, and institutions, private schools, and par21 ents, students, and teachers. 

22 ‘‘(2) CONTENTS.—Through the collaborative 

23 process described in paragraph (1), the Secretary 

24 shall establish, for each program under this Act to 

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1 tion, assurances, and other material required to be 

2 included in a consolidated State plan or consolidated 

3 State application. 

4 ‘‘(3) NECESSARY MATERIALS.—The Secretary 

5 shall require only descriptions, information, assur6 ances (including assurances of compliance with ap7 plicable provisions regarding participation by private 

8 school children and teachers), and other materials 

9 that are absolutely necessary for the consideration of 

10 the consolidated State plan or consolidated State ap11 plication. 

12 ‘‘SEC. 5303. CONSOLIDATED REPORTING. 

13 ‘‘(a) IN GENERAL.—In order to simplify reporting re14 quirements and reduce reporting burdens, the Secretary 

15 shall establish procedures and criteria under which a State 

16 educational agency, in consultation with the Governor of 

17 the State, may submit a consolidated State annual report. 

18 ‘‘(b) CONTENTS.—The report shall contain informa19 tion about the programs included in the report, including 

20 the performance of the State under those programs, and 

21 other matters as the Secretary determines are necessary, 

22 such as monitoring activities. 

23 ‘‘(c) REPLACEMENT.—The report shall replace sepa24 rate individual annual reports for the programs included 

25 in the consolidated State annual report. 

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1 ‘‘SEC. 5304. GENERAL APPLICABILITY OF STATE EDU2 CATIONAL AGENCY ASSURANCES. 

3 ‘‘(a) ASSURANCES.—A State educational agency, in 

4 consultation with the Governor of the State, that submits 

5 a consolidated State plan or consolidated State application 

6 under this Act, whether separately or under section 5302, 

7 shall have on file with the Secretary a single set of assur8 ances, applicable to each program for which the plan or 

9 application is submitted, that provides that— 

10 ‘‘(1) each such program will be administered in 

11 accordance with all applicable statutes, regulations, 

12 program plans, and applications; 

13 ‘‘(2)(A) the control of funds provided under 

14 each such program and title to property acquired 

15 with program funds will be in a public agency, an 

16 eligible private agency, institution, or organization, 

17 or an Indian tribe, if the law authorizing the pro18 gram provides for assistance to those entities; and 

19 ‘‘(B) the public agency, eligible private agency, 

20 institution, or organization, or Indian tribe will ad21 minister those funds and property to the extent re22 quired by the authorizing law; 

23 ‘‘(3) the State will adopt and use proper meth24 ods of administering each such program, including— 

25 ‘‘(A) the enforcement of any obligations 

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1 nizations, and other recipients responsible for 

2 carrying out each program; 

3 ‘‘(B) the correction of deficiencies in pro4 gram operations that are identified through au5 dits, monitoring, or evaluation; and 

6 ‘‘(C) the adoption of written procedures for 

7 the receipt and resolution of complaints alleging 

8 violations of law in the administration of the 

9 programs; 

10 ‘‘(4) the State will cooperate in carrying out 

11 any evaluation of each such program conducted by 

12 or for the Secretary or other Federal officials; 

13 ‘‘(5) the State will use such fiscal control and 

14 fund accounting procedures that will ensure proper 

15 disbursement of, and accounting for, Federal funds 

16 paid to the State under each such program; 

17 ‘‘(6) the State will— 

18 ‘‘(A) make reports to the Secretary as may 

19 be necessary to enable the Secretary to perform 

20 the Secretary’s duties under each such pro21 gram; and 

22 ‘‘(B) maintain such records, provide such 

23 information to the Secretary, and afford such 

24 access to the records as the Secretary may find 

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1 necessary to carry out the Secretary’s duties; 

2 and 

3 ‘‘(7) before the plan or application was sub4 mitted to the Secretary, the State afforded a reason5 able opportunity for public comment on the plan or 

6 application and considered such comment. 

7 ‘‘(b) GEPA PROVISION.—Section 441 of the General 

8 Education Provisions Act shall not apply to programs 

9 under this Act. 

10 ‘‘SEC. 5305. CONSOLIDATED LOCAL PLANS OR APPLICA11 TIONS. 

12 ‘‘(a) GENERAL AUTHORITY.— 

13 ‘‘(1) CONSOLIDATED PLAN.—A local edu14 cational agency receiving funds under more than one 

15 covered program may submit plans or applications 

16 to the State educational agency under those pro17 grams on a consolidated basis. 

18 ‘‘(2) AVAILABILITY TO GOVERNOR.—The State 

19 educational agency shall make any consolidated local 

20 plans and applications available to the Governor. 

21 ‘‘(b) REQUIRED CONSOLIDATED PLANS OR APPLICA22 TIONS.—A State educational agency that has an approved 

23 consolidated State plan or application under section 5302 

24 may require local educational agencies in the State receiv25 ing funds under more than one program included in the 

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1 consolidated State plan or consolidated State application 

2 to submit consolidated local plans or applications under 

3 those programs, but may not require those agencies to 

4 submit separate plans. 

5 ‘‘(c) COLLABORATION.—A State educational agency, 

6 in consultation with the Governor, shall collaborate with 

7 local educational agencies in the State in establishing pro8 cedures for the submission of the consolidated State plans 

9 or consolidated State applications under this section. 

10 ‘‘(d) NECESSARY MATERIALS.—The State edu11 cational agency shall require only descriptions, informa12 tion, assurances, and other material that are absolutely 

13 necessary for the consideration of the local educational 

14 agency plan or application. 

15 ‘‘SEC. 5306. OTHER GENERAL ASSURANCES. 

16 ‘‘(a) ASSURANCES.—Any applicant, other than a 

17 State educational agency that submits a plan or applica18 tion under this Act, shall have on file with the State edu19 cational agency a single set of assurances, applicable to 

20 each program for which a plan or application is submitted, 

21 that provides that— 

22 ‘‘(1) each such program will be administered in 

23 accordance with all applicable statutes, regulations, 

24 program plans, and applications; 

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1 ‘‘(2)(A) the control of funds provided under 

2 each such program and title to property acquired 

3 with program funds will be in a public agency or in 

4 an eligible private agency, institution, organization, 

5 or Indian tribe, if the law authorizing the program 

6 provides for assistance to those entities; and 

7 ‘‘(B) the public agency, eligible private agency, 

8 institution, or organization, or Indian tribe will ad9 minister the funds and property to the extent re10 quired by the authorizing statutes; 

11 ‘‘(3) the applicant will adopt and use proper 

12 methods of administering each such program, in13 cluding— 

14 ‘‘(A) the enforcement of any obligations 

15 imposed by law on agencies, institutions, orga16 nizations, and other recipients responsible for 

17 carrying out each program; and 

18 ‘‘(B) the correction of deficiencies in pro19 gram operations that are identified through au20 dits, monitoring, or evaluation; 

21 ‘‘(4) the applicant will cooperate in carrying out 

22 any evaluation of each such program conducted by 

23 or for the State educational agency, the Secretary, 

24 or other Federal officials; 

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1 ‘‘(5) the applicant will use such fiscal control 

2 and fund accounting procedures as will ensure prop3 er disbursement of, and accounting for, Federal 

4 funds paid to the applicant under each such pro5 gram; 

6 ‘‘(6) the applicant will— 

7 ‘‘(A) submit such reports to the State edu8 cational agency (which shall make the reports 

9 available to the Governor) and the Secretary as 

10 the State educational agency and Secretary may 

11 require to enable the State educational agency 

12 and the Secretary to perform their duties under 

13 each such program; and 

14 ‘‘(B) maintain such records, provide such 

15 information, and afford such access to the 

16 records as the State educational agency (after 

17 consultation with the Governor) or the Sec18 retary may reasonably require to carry out the 

19 State educational agency’s or the Secretary’s 

20 duties; and 

21 ‘‘(7) before the application was submitted, the 

22 applicant afforded a reasonable opportunity for pub23 lic comment on the application and considered such 

24 comment. 

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1 ‘‘(b) GEPA PROVISION.—Section 442 of the General 

2 Education Provisions Act shall not apply to programs 

3 under this Act. 

4 ‘‘PART D—WAIVERS

5 ‘‘SEC. 5401. WAIVERS OF STATUTORY AND REGULATORY RE6 QUIREMENTS. 

7 ‘‘(a) IN GENERAL.— 

8 ‘‘(1) REQUEST FOR WAIVER.—A State edu9 cational agency, local educational agency, or Indian 

10 tribe that receives funds under a program authorized 

11 under this Act may submit a request to the Sec12 retary to waive any statutory or regulatory require13 ment of this Act. 

14 ‘‘(2) RECEIPT OF WAIVER.—Except as provided 

15 in subsection (c) and subject to the limits in sub16 section (b)(5)(A), the Secretary shall waive any stat17 utory or regulatory requirement of this Act for a 

18 State educational agency, local educational agency, 

19 Indian tribe, or school (through a local educational 

20 agency), that submits a waiver request pursuant to 

21 this subsection. 

22 ‘‘(b) PLAN.— 

23 ‘‘(1) IN GENERAL.—A State educational agen24 cy, local educational agency, or Indian tribe that de25 sires a waiver under this section shall submit a waivmstockstill on DSK4VPTVN1PROD with BILLS

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1 er request to the Secretary, which shall include a 

2 plan that— 

3 ‘‘(A) identifies the Federal programs af4 fected by the requested waiver; 

5 ‘‘(B) describes which Federal statutory or 

6 regulatory requirements are to be waived; 

7 ‘‘(C) reasonably demonstrates that the 

8 waiver will improve instruction for students and 

9 advance student academic achievement; 

10 ‘‘(D) describes the methods the State edu11 cational agency, local educational agency, or In12 dian tribe will use to monitor the effectiveness 

13 of the implementation of the plan; 

14 ‘‘(E) describes the State educational agen15 cy, local educational agency, or Indian tribe’s 

16 process for holding public schools accountable 

17 for student academic achievement and inter18 vening in low performing schools; and 

19 ‘‘(F) describes how schools will continue to 

20 provide assistance to the same populations 

21 served by programs for which the waiver is re22 quested. 

23 ‘‘(2) ADDITIONAL INFORMATION.—A waiver re24 quest under this section— 

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1 ‘‘(A) may provide for waivers of require2 ments applicable to State educational agencies, 

3 local educational agencies, Indian tribes, and 

4 schools; and 

5 ‘‘(B) shall be developed and submitted— 

6 ‘‘(i)(I) by local educational agencies 

7 (on behalf of those agencies and schools) 

8 to State educational agencies; and 

9 ‘‘(II) by State educational agencies 

10 (on their own behalf, or on behalf of, and 

11 based on the requests of, local educational 

12 agencies in the State) to the Secretary; or 

13 ‘‘(ii) by Indian tribes (on behalf of 

14 schools operated by the tribes) to the Sec15 retary. 

16 ‘‘(3) GENERAL REQUIREMENTS.— 

17 ‘‘(A) STATE EDUCATIONAL AGENCIES.—In 

18 the case of a waiver request submitted by a 

19 State educational agency acting on its own be20 half, or on behalf of local educational agencies 

21 in the State, the State educational agency 

22 shall— 

23 ‘‘(i) provide all interested local edu24 cational agencies in the State with notice 

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1 and a reasonable opportunity to comment 

2 and provide input on the request; 

3 ‘‘(ii) submit the comments and input 

4 to the Secretary, with a description of how 

5 the State addressed the comments and 

6 input; and 

7 ‘‘(iii) provide notice and information 

8 to the public regarding the waiver request 

9 in the manner in which the applying agen10 cy customarily provides similar notices and 

11 information to the public. 

12 ‘‘(B) LOCAL EDUCATIONAL AGENCIES.—In 

13 the case of a waiver request submitted by a 

14 local educational agency that receives funds 

15 under this Act— 

16 ‘‘(i) the request shall be reviewed by 

17 the State educational agency and be ac18 companied by the comments, if any, of the 

19 State educational agency; and 

20 ‘‘(ii) notice and information regarding 

21 the waiver request shall be provided to the 

22 public by the agency requesting the waiver 

23 in the manner in which that agency cus24 tomarily provides similar notices and infor25 mation to the public. 

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1 ‘‘(4) PEER REVIEW.— 

2 ‘‘(A) ESTABLISHMENT.—The Secretary 

3 shall establish a multi-disciplinary peer review 

4 team to review waiver requests under this sec5 tion. 

6 ‘‘(B) APPLICABILITY.—The Secretary may 

7 approve a waiver request under this section 

8 without conducting a peer review of the request, 

9 but shall use the peer review process under this 

10 paragraph before disapproving such a request. 

11 ‘‘(C) STANDARD AND NATURE OF RE12 VIEW.—Peer reviewers shall conduct a good 

13 faith review of waiver requests submitted to 

14 them under this section. Peer reviewers shall re15 view such waiver requests— 

16 ‘‘(i) in their totality; 

17 ‘‘(ii) in deference to State and local 

18 judgment; and 

19 ‘‘(iii) with the goal of promoting 

20 State- and local-led innovation. 

21 ‘‘(5) WAIVER DETERMINATION, DEMONSTRA22 TION, AND REVISION.— 

23 ‘‘(A) IN GENERAL.—The Secretary shall 

24 approve a waiver request not more than 60 

25 days after the date on which such request is 

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1 submitted, unless the Secretary determines and 

2 demonstrates that— 

3 ‘‘(i) the waiver request does not meet 

4 the requirements of this section; 

5 ‘‘(ii) the waiver is not permitted under 

6 subsection (c); 

7 ‘‘(iii) the plan that is required under 

8 paragraph (1)(C), and reviewed with def9 erence to State and local judgment, pro10 vides no reasonable evidence to determine 

11 that a waiver will enhance student aca12 demic achievement; or 

13 ‘‘(iv) the waiver request does not pro14 vide for adequate evaluation to ensure re15 view and continuous improvement of the 

16 plan. 

17 ‘‘(B) WAIVER DETERMINATION AND REVI18 SION.—If the Secretary determines and dem19 onstrates that the waiver request does not meet 

20 the requirements of this section, the Secretary 

21 shall— 

22 ‘‘(i) immediately— 

23 ‘‘(I) notify the State educational 

24 agency, local educational agency, or 

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1 Indian tribe of such determination; 

2 and 

3 ‘‘(II) at the request of the State 

4 educational agency, local educational 

5 agency, or Indian tribe, provide de6 tailed reasons for such determination 

7 in writing; 

8 ‘‘(ii) offer the State educational agen9 cy, local educational agency, or Indian 

10 tribe an opportunity to revise and resubmit 

11 the waiver request not more than 60 days 

12 after the date of such determination; and 

13 ‘‘(iii) if the Secretary determines that 

14 the resubmission does not meet the re15 quirements of this section, at the request 

16 of the State educational agency, local edu17 cational agency, or Indian tribe, conduct a 

18 public hearing not more than 30 days after 

19 the date of such resubmission. 

20 ‘‘(C) WAIVER DISAPPROVAL.—The Sec21 retary may disapprove a waiver request if— 

22 ‘‘(i) the State educational agency, 

23 local educational agency, or Indian tribe 

24 has been notified and offered an oppor25 tunity to revise and resubmit the waiver 

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1 request, as described under clauses (i) and 

2 (ii) of subparagraph (B); and 

3 ‘‘(ii) the State educational agency, 

4 local educational agency, or Indian tribe— 

5 ‘‘(I) does not revise and resubmit 

6 the waiver request; or 

7 ‘‘(II) revises and resubmits the 

8 waiver request, and the Secretary de9 termines that such waiver request 

10 does not meet the requirements of this 

11 section after a hearing conducted 

12 under subparagraph (B)(iii), if re13 quested. 

14 ‘‘(D) EXTERNAL CONDITIONS.—The Sec15 retary shall not require or impose new or addi16 tional requirements in exchange for receipt of a 

17 waiver if such requirements are not specified in 

18 this Act. 

19 ‘‘(c) RESTRICTIONS.—The Secretary shall not waive 

20 under this section any statutory or regulatory require21 ments relating to— 

22 ‘‘(1) the allocation or distribution of funds to 

23 States, local educational agencies, Indian tribes, or 

24 other recipients of funds under this Act; 

25 ‘‘(2) comparability of services; 

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1 ‘‘(3) use of Federal funds to supplement, not 

2 supplant, non-Federal funds; 

3 ‘‘(4) equitable participation of private school 

4 students and teachers; 

5 ‘‘(5) parental participation and involvement; 

6 ‘‘(6) applicable civil rights requirements; 

7 ‘‘(7) the prohibitions regarding— 

8 ‘‘(A) State aid in section 5521; 

9 ‘‘(B) use of funds for religious worship or 

10 instruction in section 5505; and 

11 ‘‘(C) activities in section 5525; or 

12 ‘‘(8) the selection of a school attendance area or 

13 school under subsections (a) and (b) of section 1113, 

14 except that the Secretary may grant a waiver to 

15 allow a school attendance area or school to partici16 pate in activities under subpart 1 of part A of title 

17 I if the percentage of children from low-income fami18 lies in the school attendance area or who attend the 

19 school is not more than 10 percentage points below 

20 the lowest percentage of those children for any 

21 school attendance area or school of the local edu22 cational agency that meets the requirements of sub23 sections (a) and (b) of section 1113. 

24 ‘‘(d) DURATION AND EXTENSION OF WAIVER; LIMI25 TATIONS.— 

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1 ‘‘(1) IN GENERAL.—Except as provided in para2 graph (2), a waiver approved by the Secretary under 

3 this section may be for a period not to exceed 3 

4 years. 

5 ‘‘(2) EXTENSION.—The Secretary may extend 

6 the period described in paragraph (1) if the State 

7 demonstrates that— 

8 ‘‘(A) the waiver has been effective in ena9 bling the State or affected recipient to carry out 

10 the activities for which the waiver was re11 quested and the waiver has contributed to im12 proved student achievement; and 

13 ‘‘(B) the extension is in the public interest. 

14 ‘‘(3) SPECIFIC LIMITATIONS.—The Secretary 

15 shall not require a State educational agency, local 

16 educational agency, or Indian tribe, as a condition of 

17 approval of a waiver request, to— 

18 ‘‘(A) include in, or delete from, such re19 quest, specific academic standards; 

20 ‘‘(B) use specific academic assessment in21 struments or items; or 

22 ‘‘(C) include in, or delete from, such waiv23 er request any criterion that specifies, defines, 

24 or prescribes the standards or measures that a 

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1 State or local educational agency or Indian 

2 tribe uses to establish, implement, or improve— 

3 ‘‘(i) State academic standards; 

4 ‘‘(ii) academic assessments; 

5 ‘‘(iii) State accountability systems; or 

6 ‘‘(iv) teacher and school leader evalua7 tion systems. 

8 ‘‘(e) REPORTS.— 

9 ‘‘(1) WAIVER REPORTS.—A State educational 

10 agency, local educational agency, or Indian tribe 

11 that receives a waiver under this section shall, at the 

12 end of the second year for which a waiver is received 

13 under this section and each subsequent year, submit 

14 a report to the Secretary that— 

15 ‘‘(A) describes the uses of the waiver by 

16 the agency or by schools; 

17 ‘‘(B) describes how schools continued to 

18 provide assistance to the same populations 

19 served by the programs for which waivers were 

20 granted; and 

21 ‘‘(C) evaluates the progress of the agency 

22 and schools, or Indian tribe, in improving the 

23 quality of instruction or the academic achieve24 ment of students. 

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1 ‘‘(2) REPORT TO CONGRESS.—The Secretary 

2 shall annually submit to the Committee on Edu3 cation and the Workforce of the House of Rep4 resentatives and the Committee on Health, Edu5 cation, Labor, and Pensions of the Senate a re6 port— 

7 ‘‘(A) summarizing the uses of waivers by 

8 State educational agencies, local educational 

9 agencies, Indian tribes, and schools; and 

10 ‘‘(B) describing the status of the waivers 

11 in improving academic achievement. 

12 ‘‘(f) TERMINATION OF WAIVERS.—The Secretary 

13 shall terminate a waiver under this section if the Secretary 

14 determines, after notice and an opportunity for a hearing, 

15 that the performance of the State or other recipient af16 fected by the waiver has been inadequate to justify a con17 tinuation of the waiver and the recipient of the waiver has 

18 failed to make revisions needed to carry out the purpose 

19 of the waiver, or if the waiver is no longer necessary to 

20 achieve its original purpose. 

21 ‘‘(g) PUBLICATION.—A notice of the Secretary’s deci22 sion to grant each waiver under subsection (a) shall be 

23 published in the Federal Register and the Secretary shall 

24 provide for the dissemination of the notice to State edu25 cational agencies, interested parties, including educators, 

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1 parents, students, advocacy and civil rights organizations, 

2 and the public. 

3 ‘‘PART E—UNIFORM PROVISIONS

4 ‘‘SUBPART 1—PRIVATE SCHOOLS

5 ‘‘SEC. 5501. PARTICIPATION BY PRIVATE SCHOOL CHIL6 DREN AND TEACHERS. 

7 ‘‘(a) PRIVATE SCHOOL PARTICIPATION.— 

8 ‘‘(1) IN GENERAL.—Except as otherwise pro9 vided in this Act, to the extent consistent with the 

10 number of eligible children in areas served by a 

11 State educational agency, local educational agency, 

12 educational service agency, consortium of those 

13 agencies, or another entity receiving financial assist14 ance under a program specified in subsection (b), 

15 who are enrolled in private elementary schools and 

16 secondary schools in areas served by such agency, 

17 consortium, or entity, the agency, consortium, or en18 tity shall, after timely and meaningful consultation 

19 with appropriate private school officials or their rep20 resentatives, provide to those children and their 

21 teachers or other educational personnel, on an equi22 table basis, special educational services or other ben23 efits that address their needs under the program. 

24 ‘‘(2) SECULAR, NEUTRAL, AND NONIDEOLOG25 ICAL SERVICES OR BENEFITS.—Educational services 

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1 or other benefits, including materials and equipment, 

2 provided under this section, shall be secular, neutral, 

3 and nonideological. 

4 ‘‘(3) SPECIAL RULE.—Educational services and 

5 other benefits provided under this section for private 

6 school children, teachers, and other educational per7 sonnel shall be equitable in comparison to services 

8 and other benefits for public school children, teach9 ers, and other educational personnel participating in 

10 the program and shall be provided in a timely man11 ner. 

12 ‘‘(4) EXPENDITURES.— 

13 ‘‘(A) IN GENERAL.—Expenditures for edu14 cational services and other benefits to eligible 

15 private school children, teachers, and other 

16 service personnel shall be equal to the expendi17 tures for participating public school children, 

18 taking into account the number and educational 

19 needs, of the children to be served. 

20 ‘‘(B) OBLIGATION OF FUNDS.—Funds allo21 cated to a local educational agency for edu22 cational services and other benefits to eligible 

23 private school children shall— 

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1 ‘‘(i) be obligated in the fiscal year for 

2 which the funds are received by the agen3 cy; and 

4 ‘‘(ii) with respect to any such funds 

5 that cannot be so obligated, be used to 

6 serve such children in the following fiscal 

7 year. 

8 ‘‘(C) NOTICE OF ALLOCATION.—Each 

9 State educational agency shall— 

10 ‘‘(i) determine, in a timely manner, 

11 the proportion of funds to be allocated to 

12 each local educational agency in the State 

13 for educational services and other benefits 

14 under this subpart to eligible private school 

15 children; and 

16 ‘‘(ii) provide notice, simultaneously, to 

17 each such local educational agency and the 

18 appropriate private school officials or their 

19 representatives in the State of such alloca20 tion of funds. 

21 ‘‘(5) PROVISION OF SERVICES.—An agency, 

22 consortium, or entity described in subsection (a)(1) 

23 of this section may provide those services directly or 

24 through contracts with public and private agencies, 

25 organizations, and institutions. 

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1 ‘‘(b) APPLICABILITY.— 

2 ‘‘(1) IN GENERAL.—This section applies to pro3 grams under— 

4 ‘‘(A) subpart 2 of part A of title I; 

5 ‘‘(B) subpart 4 of part A of title I; 

6 ‘‘(C) part A of title II; 

7 ‘‘(D) part B of title II; and 

8 ‘‘(E) part B of title III. 

9 ‘‘(2) DEFINITION.—For the purpose of this sec10 tion, the term ‘eligible children’ means children eligi11 ble for services under a program described in para12 graph (1). 

13 ‘‘(c) CONSULTATION.— 

14 ‘‘(1) IN GENERAL.—To ensure timely and 

15 meaningful consultation, a State educational agency, 

16 local educational agency, educational service agency, 

17 consortium of those agencies, or entity shall consult 

18 with appropriate private school officials or their rep19 resentatives during the design and development of 

20 the programs under this Act, on issues such as— 

21 ‘‘(A) how the children’s needs will be iden22 tified; 

23 ‘‘(B) what services will be offered; 

24 ‘‘(C) how, where, and by whom the services 

25 will be provided; 

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1 ‘‘(D) how the services will be assessed and 

2 how the results of the assessment will be used 

3 to improve those services; 

4 ‘‘(E) the size and scope of the equitable 

5 services to be provided to the eligible private 

6 school children, teachers, and other educational 

7 personnel and the amount of funds available for 

8 those services; 

9 ‘‘(F) how and when the agency, consor10 tium, or entity will make decisions about the 

11 delivery of services, including a thorough con12 sideration and analysis of the views of the pri13 vate school officials or their representatives on 

14 the provision of services through potential 

15 third-party providers or contractors; and 

16 ‘‘(G) how, if the agency disagrees with the 

17 views of the private school officials or their rep18 resentatives on the provision of services through 

19 a contract, the local educational agency will 

20 provide in writing to such private school offi21 cials or their representatives an analysis of the 

22 reasons why the local educational agency has 

23 chosen not to use a contractor. 

24 ‘‘(2) DISAGREEMENT.—If the agency, consor25 tium, or entity disagrees with the views of the primstockstill on DSK4VPTVN1PROD with BILLS

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1 vate school officials or their representatives with re2 spect to an issue described in paragraph (1), the 

3 agency, consortium, or entity shall provide to the 

4 private school officials or their representatives a 

5 written explanation of the reasons why the local edu6 cational agency has chosen not to adopt the course 

7 of action requested by such officials or their rep8 resentatives. 

9 ‘‘(3) TIMING.—The consultation required by 

10 paragraph (1) shall occur before the agency, consor11 tium, or entity makes any decision that affects the 

12 opportunities of eligible private school children, 

13 teachers, and other educational personnel to partici14 pate in programs under this Act, and shall continue 

15 throughout the implementation and assessment of 

16 activities under this section. 

17 ‘‘(4) DISCUSSION REQUIRED.—The consultation 

18 required by paragraph (1) shall include a discussion 

19 of service delivery mechanisms that the agency, con20 sortium, or entity could use to provide equitable 

21 services to eligible private school children, teachers, 

22 administrators, and other staff. 

23 ‘‘(5) DOCUMENTATION.—Each local educational 

24 agency shall maintain in the agency’s records and 

25 provide to the State educational agency involved a 

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1 written affirmation signed by officials or their rep2 resentatives of each participating private school that 

3 the meaningful consultation required by this section 

4 has occurred. The written affirmation shall provide 

5 the option for private school officials or their rep6 resentatives to indicate that timely and meaningful 

7 consultation has not occurred or that the program 

8 design is not equitable with respect to eligible pri9 vate school children. If such officials or their rep10 resentatives do not provide such affirmation within 

11 a reasonable period of time, the local educational 

12 agency shall forward the documentation that such 

13 consultation has, or attempts at such consultation 

14 have, taken place to the State educational agency. 

15 ‘‘(6) COMPLIANCE.— 

16 ‘‘(A) IN GENERAL.—If the consultation re17 quired under this section is with a local edu18 cational agency or educational service agency, a 

19 private school official or representative shall 

20 have the right to file a complaint with the State 

21 educational agency that the consultation re22 quired under this section was not meaningful 

23 and timely, did not give due consideration to 

24 the views of the private school official or rep25 resentative, or did not treat the private school 

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1 or its students equitably as required by this sec2 tion. 

3 ‘‘(B) PROCEDURE.—If the private school 

4 official or representative wishes to file a com5 plaint, the private school official or representa6 tive shall provide the basis of the noncompli7 ance with this section and all parties shall pro8 vide the appropriate documentation to the ap9 propriate officials or representatives. 

10 ‘‘(C) SERVICES.—A State educational 

11 agency shall provide services under this section 

12 directly or through contracts with public and 

13 private agencies, organizations, and institutions, 

14 if— 

15 ‘‘(i) the appropriate private school of16 ficials or their representatives have— 

17 ‘‘(I) requested that the State 

18 educational agency provide such serv19 ices directly; and 

20 ‘‘(II) demonstrated that the local 

21 educational agency or Education Serv22 ice Agency involved has not met the 

23 requirements of this section; or 

24 ‘‘(ii) in a case in which— 

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1 ‘‘(I) a local educational agency 

2 has more than 10,000 children from 

3 low-income families who attend pri4 vate elementary schools or secondary 

5 schools in such agency’s school at6 tendance areas, as defined in section 

7 1113(a)(2)(A), that are not being 

8 served by the agency’s program under 

9 this section; or 

10 ‘‘(II) 90 percent of the eligible 

11 private school students in a school at12 tendance area, as defined in section 

13 1113(a)(2)(A), are not being served 

14 by the agency’s program under this 

15 section. 

16 ‘‘(d) PUBLIC CONTROL OF FUNDS.— 

17 ‘‘(1) IN GENERAL.—The control of funds used 

18 to provide services under this section, and title to 

19 materials, equipment, and property purchased with 

20 those funds, shall be in a public agency for the uses 

21 and purposes provided in this Act, and a public 

22 agency shall administer the funds and property. 

23 ‘‘(2) PROVISION OF SERVICES.— 

24 ‘‘(A) IN GENERAL.—The provision of serv25 ices under this section shall be provided— 

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1 ‘‘(i) by employees of a public agency; 

2 or 

3 ‘‘(ii) through contract by the public 

4 agency with an individual, association, 

5 agency, organization, or other entity. 

6 ‘‘(B) INDEPENDENCE; PUBLIC AGENCY.— 

7 In the provision of those services, the employee, 

8 person, association, agency, organization, or 

9 other entity shall be independent of the private 

10 school and of any religious organization, and 

11 the employment or contract shall be under the 

12 control and supervision of the public agency. 

13 ‘‘(C) COMMINGLING OF FUNDS PROHIB14 ITED.—Funds used to provide services under 

15 this section shall not be commingled with non16 Federal funds. 

17 ‘‘SEC. 5502. STANDARDS FOR BY-PASS. 

18 ‘‘(a) IN GENERAL.—If, by reason of any provision of 

19 law, a State educational agency, local educational agency, 

20 educational service agency, consortium of those agencies, 

21 or other entity is prohibited from providing for the partici22 pation in programs of children enrolled in, or teachers or 

23 other educational personnel from, private elementary 

24 schools and secondary schools, on an equitable basis, or 

25 if the Secretary determines that the agency, consortium, 

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1 or entity has substantially failed or is unwilling to provide 

2 for that participation, as required by section 5501, the 

3 Secretary shall— 

4 ‘‘(1) waive the requirements of that section for 

5 the agency, consortium, or entity; and 

6 ‘‘(2) arrange for the provision of equitable serv7 ices to those children, teachers, or other educational 

8 personnel through arrangements that shall be sub9 ject to the requirements of this section and of sec10 tions 5501, 5503, and 5504. 

11 ‘‘(b) DETERMINATION.—In making the determina12 tion under subsection (a), the Secretary shall consider one 

13 or more factors, including the quality, size, scope, and lo14 cation of the program, and the opportunity of private 

15 school children, teachers, and other educational personnel 

16 to participate in the program. 

17 ‘‘SEC. 5503. COMPLAINT PROCESS FOR PARTICIPATION OF 

18 PRIVATE SCHOOL CHILDREN. 

19 ‘‘(a) PROCEDURES FOR COMPLAINTS.—The Sec20 retary shall develop and implement written procedures for 

21 receiving, investigating, and resolving complaints from 

22 parents, teachers, or other individuals and organizations 

23 concerning violations of section 5501 by a State edu24 cational agency, local educational agency, educational 

25 service agency, consortium of those agencies, or entity. 

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1 The individual or organization shall submit the complaint 

2 to the State educational agency for a written resolution 

3 by the State educational agency within 45 days. 

4 ‘‘(b) APPEALS TO SECRETARY.—The resolution may 

5 be appealed by an interested party to the Secretary not 

6 later than 30 days after the State educational agency re7 solves the complaint or fails to resolve the complaint with8 in the 45-day time limit. The appeal shall be accompanied 

9 by a copy of the State educational agency’s resolution, 

10 and, if there is one, a complete statement of the reasons 

11 supporting the appeal. The Secretary shall investigate and 

12 resolve the appeal not later than 90 days after receipt of 

13 the appeal. 

14 ‘‘SUBPART 2—OTHER PROVISIONS

15 ‘‘SEC. 5521. GENERAL PROHIBITIONS. 

16 ‘‘(a) PROHIBITION.—None of the funds authorized 

17 under this Act shall be used— 

18 ‘‘(1) to develop or distribute materials, or oper19 ate programs or courses of instruction directed at 

20 youth, that are designed to promote or encourage 

21 sexual activity, whether homosexual or heterosexual; 

22 ‘‘(2) to distribute or to aid in the distribution 

23 by any organization of legally obscene materials to 

24 minors on school grounds; 

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1 ‘‘(3) to provide sex education or HIV-prevention 

2 education in schools unless that instruction is age 

3 appropriate and includes the health benefits of absti4 nence; or 

5 ‘‘(4) to operate a program of contraceptive dis6 tribution in schools. 

7 ‘‘(b) LOCAL CONTROL.—Nothing in this section shall 

8 be construed to— 

9 ‘‘(1) authorize an officer or employee of the 

10 Federal Government to mandate, direct, review, sup11 port, or control a State, local educational agency, or 

12 school’s instructional content, curriculum, and re13 lated activities; 

14 ‘‘(2) limit the application of the General Edu15 cation Provisions Act; 

16 ‘‘(3) require the distribution of scientifically or 

17 medically false or inaccurate materials or to prohibit 

18 the distribution of scientifically or medically true or 

19 accurate materials; or 

20 ‘‘(4) create any legally enforceable right. 

21 ‘‘SEC. 5522. PROHIBITIONS ON FEDERAL GOVERNMENT AND 

22 USE OF FEDERAL FUNDS. 

23 ‘‘(a) GENERAL PROHIBITION.—Nothing in this Act 

24 shall be construed to authorize an officer or employee of 

25 the Federal Government to mandate, direct, support, or 

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1 control a State, local educational agency, or school’s cur2 riculum, program of instruction, or allocation of State or 

3 local resources, or mandate a State or any subdivision 

4 thereof to spend any funds or incur any costs not paid 

5 for under this Act. 

6 ‘‘(b) PROHIBITION ON ENDORSEMENT OF CUR7 RICULUM.—Notwithstanding any other prohibition of Fed8 eral law, no funds provided to the Department under this 

9 Act may be used by the Department to endorse, approve, 

10 develop, support, coerce, or sanction any curriculum de11 signed to be used in an elementary school or secondary 

12 school. 

13 ‘‘(c) PROHIBITION ON REQUIRING FEDERAL AP14 PROVAL OR CERTIFICATION OF STANDARDS.—Notwith15 standing any other provision of Federal law, no State shall 

16 be required to have academic standards approved or cer17 tified by the Federal Government, in order to receive as18 sistance under this Act. 

19 ‘‘(d) RULE OF CONSTRUCTION ON BUILDING STAND20 ARDS.—Nothing in this Act shall be construed to mandate 

21 national school building standards for a State, local edu22 cational agency, or school. 

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1 ‘‘SEC. 5523. ARMED FORCES RECRUITER ACCESS TO STU2 DENTS AND STUDENT RECRUITING INFORMA3 TION. 

4 ‘‘(a) POLICY.— 

5 ‘‘(1) ACCESS TO STUDENT RECRUITING INFOR6 MATION.—Notwithstanding section 444(a)(5)(B) of 

7 the General Education Provisions Act, each local 

8 educational agency receiving assistance under this 

9 Act shall provide, upon a request made by a military 

10 recruiter or an institution of higher education, ac11 cess to the name, address, and telephone listing of 

12 each secondary school student served by the local 

13 educational agency, unless the parent of such stu14 dent has submitted the prior consent request under 

15 paragraph (2). 

16 ‘‘(2) CONSENT.— 

17 ‘‘(A) OPT-OUT PROCESS.—A parent of a 

18 secondary school student may submit a written 

19 request, to the local educational agency, that 

20 the student’s name, address, and telephone list21 ing not be released for purposes of paragraph 

22 (1) without prior written consent of the parent. 

23 Upon receiving such request, the local edu24 cational agency may not release the student’s 

25 name, address, and telephone listing for such 

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1 purposes without the prior written consent of 

2 the parent. 

3 ‘‘(B) NOTIFICATION OF OPT-OUT PROC4 ESS.—Each local educational agency shall no5 tify the parents of the students served by the 

6 agency of the option to make a request de7 scribed in subparagraph (A). 

8 ‘‘(3) SAME ACCESS TO STUDENTS.—Each local 

9 educational agency receiving assistance under this 

10 Act shall provide military recruiters the same access 

11 to secondary school students as is provided generally 

12 to institutions of higher education or to prospective 

13 employers of those students. 

14 ‘‘(4) RULE OF CONSTRUCTION PROHIBITING

15 OPT-IN PROCESSES.—Nothing in this subsection 

16 shall be construed to allow a local educational agen17 cy to withhold access to a student’s name, address, 

18 and telephone listing from a military recruiter or in19 stitution of higher education by implementing an 

20 opt-in process or any other process other than the 

21 written consent request process under paragraph 

22 (2)(A). 

23 ‘‘(5) PARENTAL CONSENT.—For purposes of 

24 this subsection, whenever a student has attained 18 

25 years of age, the permission or consent required of 

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1 and the rights accorded to the parents of the stu2 dent shall only be required of and accorded to the 

3 student. 

4 ‘‘(b) NOTIFICATION.—The Secretary, in consultation 

5 with the Secretary of Defense, shall, not later than 120 

6 days after the date of enactment of the Student Success 

7 Act, notify school leaders, school administrators, and other 

8 educators about the requirements of this section. 

9 ‘‘(c) EXCEPTION.—The requirements of this section 

10 do not apply to a private secondary school that maintains 

11 a religious objection to service in the Armed Forces if the 

12 objection is verifiable through the corporate or other orga13 nizational documents or materials of that school. 

14 ‘‘SEC. 5524. PROHIBITION ON FEDERALLY SPONSORED 

15 TESTING. 

16 ‘‘(a) GENERAL PROHIBITION.—Notwithstanding any 

17 other provision of Federal law and except as provided in 

18 subsection (b), no funds provided under this Act to the 

19 Secretary or to the recipient of any award may be used 

20 to support, develop, pilot test, field test, implement, ad21 minister, or distribute any federally sponsored national 

22 test or testing materials in reading, mathematics, or any 

23 other subject, unless specifically and explicitly authorized 

24 by law. 

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1 ‘‘(b) EXCEPTIONS.—Subsection (a) shall not apply to 

2 international comparative assessments developed under 

3 the authority of section 153(a)(5) of the Education 

4 Sciences Reform Act of 2002 and administered to only a 

5 representative sample of pupils in the United States and 

6 in foreign nations. 

7 ‘‘SEC. 5525. LIMITATIONS ON NATIONAL TESTING OR CER8 TIFICATION FOR TEACHERS. 

9 ‘‘(a) MANDATORY NATIONAL TESTING OR CERTIFI10 CATION OF TEACHERS.—Notwithstanding any other pro11 vision of this Act or any other provision of law, no funds 

12 available to the Department or otherwise available under 

13 this Act may be used for any purpose relating to a manda14 tory nationwide test or certification of teachers or edu15 cation paraprofessionals, including any supporting, plan16 ning, development, implementation, coercion or adminis17 tration of such test or certification. 

18 ‘‘(b) PROHIBITION ON WITHHOLDING FUNDS.—The 

19 Secretary is prohibited from withholding funds from any 

20 State educational agency or local educational agency if the 

21 State educational agency or local educational agency fails 

22 to adopt a specific method of teacher or paraprofessional 

23 certification. 

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1 ‘‘SEC. 5526. RULEMAKING. 

2 ‘‘The Secretary shall issue regulations under this Act 

3 as prescribed under section 1401 only to the extent that 

4 such regulations are necessary to ensure that there is com5 pliance with the specific requirements and assurances re6 quired by this Act. 

7 ‘‘SEC. 5527. PEER REVIEW. 

8 ‘‘(a) IN GENERAL.—If the Secretary uses a peer re9 view panel to evaluate an application for any program re10 quired under this Act, the Secretary shall conduct it in 

11 accordance with this section. 

12 ‘‘(b) MAKEUP.—The Secretary shall— 

13 ‘‘(1) solicit nominations for peers to serve on 

14 the panel from States that are— 

15 ‘‘(A) practitioners in the subject matter; or 

16 ‘‘(B) experts in the subject matter; and 

17 ‘‘(2) select the peers from such nominees, ex18 cept that there shall be at least 75 percent practi19 tioners on each panel and in each group formed 

20 from the panel. 

21 ‘‘(c) GUIDANCE.—The Secretary shall issue the peer 

22 review guidance concurrently with the notice of the grant. 

23 ‘‘(d) REPORTING.—The Secretary shall— 

24 ‘‘(1) make the names of the peer reviewers 

25 available to the public before the final deadline for 

26 the application of the grant; 

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1 ‘‘(2) make the peer review notes publically 

2 available once the review has concluded; and 

3 ‘‘(3) make any deviations from the peer review4 ers’ recommendations available to the public with an 

5 explanation of the deviation. 

6 ‘‘(e) APPLICANT REVIEWS.—An applicant shall have 

7 an opportunity within 30 days to review the peer review 

8 notes and appeal the score to the Secretary prior to the 

9 Secretary making any final determination. 

10 ‘‘(f) PROHIBITION.—The Secretary, and the Sec11 retary’s staff, may not attempt to participate in, or influ12 ence, the peer review process. No Federal employee may 

13 participate in, or attempt to influence the peer review 

14 process, except to respond to questions of a technical na15 ture, which shall be publicly reported. 

16 ‘‘SEC. 5528. PARENTAL CONSENT. 

17 ‘‘Upon receipt of written notification from the par18 ents or legal guardians of a student, the local educational 

19 agency shall withdraw such student from any program 

20 funded under part B of title III. The local educational 

21 agency shall make reasonable efforts to inform parents or 

22 legal guardians of the content of such programs or activi23 ties funded under this Act, other than classroom instruc24 tion. 

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1 ‘‘SEC. 5529. PROHIBITED USES OF FUNDS. 

2 ‘‘No funds under this Act may be used for— 

3 ‘‘(1) construction, renovation, or repair of any 

4 school facility (except for minor remodeling needed 

5 to accomplish the purposes of this Act and except 

6 for those activities under subpart 1 of part A of title 

7 III and title IV); or 

8 ‘‘(2) medical services, drug treatment or reha9 bilitation, except for specialized instructional support 

10 services or referral to treatment for students who 

11 are victims of, or witnesses to, crime or who illegally 

12 use drugs. 

13 ‘‘SEC. 5539. SEVERABILITY. 

14 ‘‘If any provision of this Act is held invalid, the re15 mainder of this Act shall be unaffected thereby. 

16 ‘‘PART F—EVALUATIONS

17 ‘‘SEC. 5601. EVALUATIONS. 

18 ‘‘(a) RESERVATION OF FUNDS.—Except as provided 

19 in subsections (b) and (c), the Secretary may reserve not 

20 more than 0.5 percent of the amount appropriated to 

21 carry out each categorical program and demonstration 

22 project authorized under this Act— 

23 ‘‘(1) to conduct— 

24 ‘‘(A) comprehensive evaluations of the pro25 gram or project; and 

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1 ‘‘(B) studies of the effectiveness of the pro2 gram or project and its administrative impact 

3 on schools and local educational agencies; 

4 ‘‘(2) to evaluate the aggregate short- and long5 term effects and cost efficiencies across Federal pro6 grams assisted or authorized under this Act and re7 lated Federal preschool, elementary, and secondary 

8 programs under any other Federal law; and 

9 ‘‘(3) to increase the usefulness of evaluations of 

10 grant recipients in order to ensure the continuous 

11 progress of the program or project by improving the 

12 quality, timeliness, efficiency, and use of information 

13 relating to performance under the program or 

14 project. 

15 ‘‘(b) TITLE I EXCLUDED.—The Secretary may not 

16 reserve under subsection (a) funds appropriated to carry 

17 out any program authorized under title I. 

18 ‘‘(c) EVALUATION ACTIVITIES AUTHORIZED ELSE19 WHERE.—If, under any other provision of this Act (other 

20 than title I), funds are authorized to be reserved or used 

21 for evaluation activities with respect to a program or 

22 project, the Secretary may not reserve additional funds 

23 under this section for the evaluation of that program or 

24 project.’’. 

25 (b) TECHNICAL AMENDMENTS.— 

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1 (1) TITLE IX.— 

2 (A) SUBPART 1 OF PART E OF TITLE V.— 

3 (i) TRANSFER AND REDESIGNA4 TION.—Sections 9504 through 9506 (20 

5 U.S.C. 7884; 7885; 7886) are— 

6 (I) transferred to title V, as 

7 amended by subsection (a) of this sec8 tion; 

9 (II) inserted after section 5503 

10 of such title; and 

11 (III) redesignated as sections 

12 5504 through 5506, respectively. 

13 (ii) AMENDMENTS.—Section 5504 (as 

14 so redesignated) is amended— 

15 (I) in subsection (a)(1)(A), by 

16 striking ‘‘section 9502’’ and inserting 

17 ‘‘section 5502’’; 

18 (II) in subsection (b), by striking 

19 ‘‘section 9501’’ and inserting ‘‘section 

20 5501’’; and 

21 (III) in subsection (d), by strik22 ing ‘‘No Child Left Behind Act of 

23 2001’’ and inserting ‘‘Student Success 

24 Act’’. 

25 (B) SUBPART 2 OF PART E OF TITLE V.— 

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1 (i) TRANSFER AND REDESIGNA2 TION.—Sections 9522, 9523, 9524, 9525, 

3 9531, 9533, and 9534 (20 U.S.C. 7902; 

4 7903; 7904; 7905; 7911; 7913; 7914) 

5 are— 

6 (I) transferred to title V, as 

7 amended by subparagraph (A) of this 

8 paragraph; 

9 (II) inserted after section 5529 

10 of such title; and 

11 (III) redesignated as sections 

12 5530 through 5536, respectively. 

13 (ii) AMENDMENT.—Section 5536 (as 

14 so redesignated) is amended by striking 

15 subsection (b). 

16 (2) TITLE IV.—Sections 4141 and 4155 (20 

17 U.S.C. 7151; 7161) are— 

18 (A) transferred to title V, as amended by 

19 paragraph (1) of this subsection; 

20 (B) inserted after section 5536 (as so re21 designated by paragraph (1)(B) of this sub22 section); and 

23 (C) redesignated as sections 5537 and 

24 5538, respectively. 

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1 SEC. 202. REPEAL. 

2 Title IX (20 U.S.C. 7801 et seq.), as amended by 

3 section 201(b)(1) of this title, is repealed. 

4 SEC. 203. AMENDMENT TO IDEA. 

5 Section 602 of the Individuals with Disabilities Edu6 cation Act (20 U.S.C. 1401) is amended by striking para7 graph (10). 

Æ 

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