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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3989 Reported in House (RH)]

                                                 Union Calendar No. 320
112th CONGRESS
  2d Session
                                H. R. 3989

                          [Report No. 112-458]

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

                             April 27, 2012

   Additional sponsors: Mr. Kelly, Mr. Austin Scott of Georgia, Mr. 
                        Meehan, and Mr. Barletta

                             April 27, 2012

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
    [For text of introduced bill, see copy of bill as introduced on 
                           February 9, 2012]

_______________________________________________________________________

                                 A BILL

 
To support State and local accountability for public education, inform 
     parents of their schools' performance, and for other purposes.

 

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Student Success Act''.

SEC. 2. TABLE OF CONTENTS.

    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.
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. Direct student services.
Sec. 106. 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. Other laws.
Sec. 204. Amendment to IDEA.

SEC. 3. REFERENCES.

    Except as otherwise expressly provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision, the reference shall be considered to 
be made to a section or other provision of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6301 et seq.).

SEC. 4. TRANSITION.

    Unless otherwise provided in this Act, any person or agency that 
was awarded a grant under the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 6301 et seq.) prior to the date of the enactment of 
this Act shall continue to receive funds in accordance with the terms 
of such award, except that funds for such award may not continue more 
than one year after the date of the enactment of this Act.

SEC. 5. EFFECTIVE DATES.

    (a) In General.--Except as otherwise provided in this Act, this 
Act, and the amendments made by this Act, shall be effective upon the 
date of enactment of this Act.
    (b) Noncompetitive Programs.--With respect to noncompetitive 
programs under which any funds are allotted by the Secretary of 
Education to recipients on the basis of a formula, this Act, and the 
amendments made by this Act, shall take effect on July 1, 2012.
    (c) Competitive Programs.--With respect to programs that are 
conducted by the Secretary on a competitive basis, this Act, and the 
amendments made by this Act, shall take effect with respect to 
appropriations for use under those programs for fiscal year 2013.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

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

``SEC. 3. AUTHORIZATIONS OF APPROPRIATIONS.

    ``(a) Title I.--
            ``(1) Part a.--There are authorized to be appropriated to 
        carry out part A of title I $16,651,768,000 for fiscal year 
        2013.
            ``(2) Part b.--There are authorized to be appropriated to 
        carry out part B of title I $3,194,000 for fiscal year 2013.
    ``(b) Out Years.--The amounts authorized by subsection (a) shall be 
increased for each of fiscal years 2014 through 2018 by a percentage 
equal to the percentage of inflation according to the Consumer Price 
Index, for the calendar year ending prior to the beginning of that 
fiscal year.''.

               TITLE I--AID TO LOCAL EDUCATIONAL AGENCIES

                         Subtitle A--In General

SEC. 101. TITLE HEADING.

    The title heading for title I (20 U.S.C. 6301 et seq.) is amended 
to read as follows:

            ``TITLE I--AID TO LOCAL EDUCATIONAL AGENCIES''.

SEC. 102. STATEMENT OF PURPOSE.

    Section 1001 (20 U.S.C. 6301) is amended to read as follows:

``SEC. 1001. STATEMENT OF PURPOSE.

    ``The purpose of this title is to provide all children the 
opportunity to graduate high school prepared for postsecondary 
education or the workforce. This purpose can be accomplished by--
            ``(1) meeting the educational needs of low-achieving 
        children in our Nation's highest-poverty schools, English 
        learners, migratory children, children with disabilities, 
        Indian children, and neglected or delinquent children;
            ``(2) closing the achievement gap between high- and low-
        performing children, especially the achievement gaps between 
        minority and nonminority students, and between disadvantaged 
        children and their more advantaged peers;
            ``(3) affording parents substantial and meaningful 
        opportunities to participate in the education of their 
        children; and
            ``(4) challenging States and local educational agencies to 
        embrace meaningful, evidence-based education reform, while 
        encouraging state and local innovation.''.

SEC. 103. FLEXIBILITY TO USE FEDERAL FUNDS.

    Section 1002 (20 U.S.C. 6302) is amended to read as follows:

``SEC. 1002. FLEXIBILITY TO USE FEDERAL FUNDS.

    ``(a) Alternative Uses of Federal Funds for State Educational 
Agencies.--
            ``(1) In general.--Subject to subsections (c) and (d) and 
        notwithstanding any other provision of law, a State educational 
        agency may use the applicable funding that the agency receives 
        for a fiscal year to carry out any State activity authorized or 
        required under one or more of the following provisions:
                    ``(A) Section 1003.
                    ``(B) Section 1004.
                    ``(C) Subpart 2 of part A of title I.
                    ``(D) Subpart 3 of part A of title I.
                    ``(E) Subpart 4 of part A of title I.
                    ``(F) Chapter B of subpart 6 of part A of title I.
            ``(2) Notification.--Not later than June 1 of each year, a 
        State educational agency shall notify the Secretary of the 
        State educational agency's intention to use the applicable 
        funding for any of the alternative uses under paragraph (1).
            ``(3) Applicable funding defined.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), in this subsection, the term 
                `applicable funding' means funds provided to carry out 
                State activities under one or more of the following 
                provisions.
                            ``(i) Section 1003.
                            ``(ii) Section 1004.
                            ``(iii) Subpart 2 of part A of title I.
                            ``(iv) Subpart 3 of part A of title I.
                            ``(v) Subpart 4 of part A of title I.
                    ``(B) Limitation.--In this subsection, the term 
                `applicable funding' does not include funds provided 
                under any of the provisions listed in subparagraph (A) 
                that State educational agencies are required by this 
                Act--
                            ``(i) to reserve, allocate, or spend for 
                        required activities;
                            ``(ii) to allocate, allot, or award to 
                        local educational agencies or other entities 
                        eligible to receive such funds; or
                            ``(iii) to use for technical assistance or 
                        monitoring.
            ``(4) Disbursement.--The Secretary shall disburse the 
        applicable funding to State educational agencies for 
        alternative uses under paragraph (1) for a fiscal year at the 
        same time as the Secretary disburses the applicable funding to 
        State educational agencies that do not intend to use the 
        applicable funding for such alternative uses for the fiscal 
        year.
    ``(b) Alternative Uses of Federal Funds for Local Educational 
Agencies.--
            ``(1) In general.--Subject to subsections (c) and (d) and 
        notwithstanding any other provision of law, a local educational 
        agency may use the applicable funding that the agency receives 
        for a fiscal year to carry out any local activity authorized or 
        required under one or more of the following provisions:
                    ``(A) Section 1003.
                    ``(B) Subpart 1 of part A of title I.
                    ``(C) Subpart 2 of part A of title I.
                    ``(D) Subpart 3 of part A of title I.
                    ``(E) Subpart 4 of part A of title I.
                    ``(F) Subpart 6 of part A of title I.
            ``(2) Notification.--A local educational agency shall 
        notify the State educational agency of the local educational 
        agency's intention to use the applicable funding for any of the 
        alternative uses under paragraph (1) by a date that is 
        established by the State educational agency for the 
        notification.
            ``(3) Applicable funding defined.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), in this subsection, the term 
                `applicable funding' means funds provided to carry out 
                local activities under one or more of the following 
                provisions:
                            ``(i) Subpart 2 of part A of title I.
                            ``(ii) Subpart 3 of part A of title I.
                            ``(iii) Subpart 4 of part A of title I.
                            ``(iv) Chapter A of subpart 6 of part A of 
                        title I.
                    ``(B) Limitation.--In this subsection, the term 
                `applicable funding' does not include funds provided 
                under any of the provisions listed in subparagraph (A) 
                that local educational agencies are required by this 
                Act--
                            ``(i) to reserve, allocate, or spend for 
                        required activities;
                            ``(ii) to allocate, allot, or award to 
                        entities eligible to receive such funds; or
                            ``(iii) to use for technical assistance or 
                        monitoring.
            ``(4) Disbursement.--Each State educational agency that 
        receives applicable funding for a fiscal year shall disburse 
        the applicable funding to local educational agencies for 
        alternative uses under paragraph (1) for the fiscal year at the 
        same time as the State educational agency disburses the 
        applicable funding to local educational agencies that do not 
        intend to use the applicable funding for such alternative uses 
        for the fiscal year.
    ``(c) Rule for Administrative Costs.--A State educational agency or 
a local educational agency shall only use applicable funding (as 
defined in subsection (a)(3) or (b)(3), respectively) for 
administrative costs incurred in carrying out a provision listed in 
subsection (a)(1) or (b)(1), respectively, to the extent that the 
agency, in the absence of this section, could have used funds for 
administrative costs with respect to a program listed in subsection 
(a)(3) or (b)(3), respectively.
    ``(d) Rule of Construction.--Nothing in this section shall be 
construed to relieve a State educational agency or local educational 
agency of any requirements relating to--
            ``(1) use of Federal funds to supplement, not supplant, 
        non-Federal funds;
            ``(2) comparability of services;
            ``(3) equitable participation of private school students 
        and teachers;
            ``(4) applicable civil rights requirements;
            ``(5) section 1113; or
            ``(6) section 1111.''.

SEC. 104. SCHOOL IMPROVEMENT.

    Section 1003 (20 U.S.C. 6303) is amended--
            (1) in subsection (a)--
                    (A) by striking ``2 percent'' and inserting ``7 
                percent''; and
                    (B) by striking ``subpart 2 of part A'' and all 
                that follows through ``sections 1116 and 1117,'' and 
                inserting ``chapter B of subpart 1 of part A for each 
                fiscal year to carry out subsection (b),'';
            (2) in subsection (b)(1), by striking ``for schools 
        identified for school improvement, corrective action, and 
        restructuring, for activities under section 1116(b)'' and 
        inserting ``to carry out the State's system of school 
        improvement under section 1111(b)(3)(B)(iii)'';
            (3) in subsection (c)--
                    (A) in paragraph (1), by inserting ``and'' at the 
                end;
                    (B) in paragraph (2), by striking ``need for such 
                funds; and'' and inserting ``commitment to using such 
                funds to improve such schools.''; and
                    (C) by striking paragraph (3);
            (4) in subsection (d)(1), by striking ``subpart 2 of part 
        A;'' and inserting ``chapter B of subpart 1 of part A;'';
            (5) in subsection (e)--
                    (A) by striking ``in any fiscal year'' and 
                inserting ``in fiscal year 2014 and each subsequent 
                fiscal year'';
                    (B) by striking ``subpart 2'' and inserting 
                ``chapter B of subpart 1 of part A''; and
                    (C) by striking ``such subpart'' and inserting 
                ``such chapter'';
            (6) in subsection (f), by striking ``and the percentage of 
        students from each school from families with incomes below the 
        poverty line''; and
            (7) by striking subsection (g).

SEC. 105. DIRECT STUDENT SERVICES.

    The Act (20 U.S.C. 6301 et seq.) is amended by inserting after 
section 1003 the following:

``SEC. 1003A. DIRECT STUDENT SERVICES.

    ``(a) State Reservation.--Each State shall reserve 3 percent of the 
amount the State receives under chapter B of subpart 1 of part A for 
each fiscal year to carry out this section. Of such reserved funds, the 
State educational agency may use up to 1 percent to administer direct 
student services.
    ``(b) Direct Student Services.--From the amount available after the 
application of subsection (a), each State shall award grants in 
accordance with this section to local educational agencies to support 
direct student services.
    ``(c) Awards.--The State educational agency shall award grants to 
geographically diverse local educational agencies including suburban, 
rural, and urban local educational agencies. If there are not enough 
funds to award all applicants in a sufficient size and scope to run an 
effective direct student services program, the State shall prioritize 
awards to local educational agencies with the greatest number of low-
performing schools.
    ``(d) Local Use of Funds.--A local educational agency receiving an 
award under this section--
            ``(1) shall use up to 1 percent of each award for outreach 
        and communication to parents about their options and to 
        register students for direct student services;
            ``(2) may use not more than 2 percent of each award for 
        administrative costs related to direct student services; and
            ``(3) shall use the remainder of the award to pay the 
        transportation required to provide public school choice or the 
        hourly rate for high-quality academic tutoring services, as 
        determined in the provider approval process under subsection 
        (f)(2).
    ``(e) Application.--A local educational agency desiring to receive 
an award under subsection (b) shall submit an application describing 
how the local educational agency will--
            ``(1) provide adequate outreach to ensure parents can 
        exercise a meaningful choice of direct student services for 
        their child's education;
            ``(2) ensure parents have adequate time and information to 
        make a meaningful choice prior to enrolling their child in a 
        direct student service;
            ``(3) ensure ample availability in the public schools the 
        local educational agency will make available for public school 
        choice options;
            ``(4) determine the requirements or criteria for student 
        eligibility for direct student services;
            ``(5) select a variety of providers of high quality 
        academic tutoring from the list required under subsection 
        (f)(2) and ensure fair negotiations in selecting such providers 
        of high-quality academic tutoring, including online, on campus, 
        and other models of tutoring which provide meaningful choices 
        to parents to find the best service for their child; and
            ``(6) develop an estimated per pupil expenditure available 
        for eligible students to use toward high quality academic 
        tutoring which shall allow for adequate level of services to 
        increase academic achievement from a variety of high-quality 
        academic tutoring providers.
    ``(f) Providers and Schools.--The State--
            ``(1) shall ensure that each local educational agency 
        receiving an award to provide public school choice can provide 
        an ample number of options to provide a meaningful choice for 
        parents;
            ``(2) shall compile a list of State-approved high-quality 
        academic tutoring providers that includes online, on campus, 
        and other models of tutoring; and
            ``(3) shall ensure that each local educational agency 
        receiving an award will provide an adequate number of high-
        quality academic tutoring options to ensure parents have a 
        meaningful choice of services.''.

SEC. 106. STATE ADMINISTRATION.

    Section 1004 (20 U.S.C. 6304) is amended to read as follows:

``SEC. 1004. STATE ADMINISTRATION.

    ``(a) In General.--Except as provided in subsection (b), to carry 
out administrative duties assigned under subparts 1, 2, and 3 of part A 
of this title, each State may reserve the greater of--
            ``(1) 1 percent of the amounts received under such 
        subparts; or
            ``(2) $400,000 ($50,000 in the case of each outlying area).
    ``(b) Exception.--If the sum of the amounts reserved under subparts 
1, 2, and 3 of part A of this title is equal to or greater than 
$14,000,000,000, then the reservation described in subsection (a)(1) 
shall not exceed 1 percent of the amount the State would receive if 
$14,000,000,000 were allocated among the States for subparts 1, 2, and 
3 of part A of this title.''.

  Subtitle B--Improving the Academic Achievement of the Disadvantaged

SEC. 111. PART A HEADINGS.

    (a) Part Heading.--The part heading for part A of title I (20 
U.S.C. 6311 et seq.) is amended to read as follows:

  ``PART A--IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED''.

    (b) Subpart 1 Heading.--The Act is amended by striking the subpart 
heading for subpart 1 of part A of title I (20 U.S.C. 6311 et seq.) and 
inserting the following:

  ``Subpart 1--Improving Basic Programs Operated by Local Educational 
                                Agencies

               ``CHAPTER A--BASIC PROGRAM REQUIREMENTS''.

    (c) Subpart 2 Heading.--The Act is amended by striking the subpart 
heading for subpart 2 of part A of title I (20 U.S.C. 6331 et seq.) and 
inserting the following:

                      ``CHAPTER B--ALLOCATIONS''.

SEC. 112. STATE PLANS.

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

``SEC. 1111. STATE PLANS.

    ``(a) Plans Required.--
            ``(1) In general.--For any State desiring to receive a 
        grant under this subpart, the State educational agency shall 
        submit to the Secretary a plan, developed by the State 
        educational agency, in consultation with local educational 
        agencies, teachers, school leaders, specialized instructional 
        support personnel, other appropriate school personnel, and 
        parents, that satisfies the requirements of this section and 
        that is coordinated with other programs under this Act, the 
        Individuals with Disabilities Education Act, the Carl D. 
        Perkins Career and Technical Education Act of 2006, the Head 
        Start Act, the Adult Education and Family Literacy Act, and the 
        McKinney-Vento Homeless Assistance Act.
            ``(2) Consolidated plan.--A State plan submitted under 
        paragraph (1) may be submitted as part of a consolidated plan 
        under section 5302.
    ``(b) Academic Standards, Academic Assessments, and State 
Accountability.--
            ``(1) Academic standards.--
                    ``(A) In general.--Each State plan shall 
                demonstrate that the State has adopted academic content 
                standards and academic achievement standards aligned 
                with such content standards that comply with the 
                requirements of this paragraph.
                    ``(B) Subjects.--The State shall have such academic 
                standards for mathematics and reading or language arts, 
                and may have such standards for any other subject 
                determined by the State.
                    ``(C) Requirements.--The standards described in 
                subparagraph (A) shall--
                            ``(i) apply to all public schools and 
                        public school students in the State; and
                            ``(ii) with respect to academic achievement 
                        standards, include the same knowledge, skills, 
                        and levels of achievement expected of all 
                        public school students in the State.
                    ``(D) Alternate academic achievement standards.--
                Notwithstanding any other provision of this paragraph, 
                a State may, through a documented and validated 
                standards-setting process, adopt alternate academic 
                achievement standards for students with the most 
                significant cognitive disabilities, if--
                            ``(i) the determination about whether the 
                        achievement of an individual student should be 
                        measured against such standards is made 
                        separately for each student; and
                            ``(ii) such standards--
                                    ``(I) are aligned with the State 
                                academic standards required under 
                                subparagraph (A);
                                    ``(II) promote access to the 
                                general curriculum; and
                                    ``(III) reflect professional 
                                judgment as to the highest possible 
                                standards achievable by such students.
                    ``(E) English language proficiency standards.--Each 
                State plan shall describe how the State educational 
                agency will establish English language proficiency 
                standards that are--
                            ``(i) derived from the four recognized 
                        domains of speaking, listening, reading, and 
                        writing; and
                            ``(ii) aligned with the State's academic 
                        content standards in reading or language arts 
                        under subparagraph (A).
            ``(2) Academic assessments.--
                    ``(A) In general.--Each State plan shall 
                demonstrate that the State educational agency, in 
                consultation with local educational agencies, has 
                implemented a set of high-quality student academic 
                assessments in mathematics and reading or language 
                arts. At the State's discretion, the State plan may 
                also demonstrate that the State has implemented such 
                assessments in any other subject chosen by the State
                    ``(B) Requirements.--Such assessments shall--
                            ``(i) be used in determining the 
                        performance of each local educational agency 
                        and public school in the State in accordance 
                        with the State's accountability system under 
                        paragraph (3);
                            ``(ii) be the same academic assessments 
                        used to measure the academic achievement of all 
                        public school students in the State;
                            ``(iii) be aligned with the State's 
                        academic standards and provide coherent and 
                        timely information about student attainment of 
                        such standards;
                            ``(iv) be used for purposes for which such 
                        assessments are valid and reliable, be of 
                        adequate technical quality for each purpose 
                        required under this Act, and be consistent with 
                        relevant, nationally recognized professional 
                        and technical standards;
                            ``(v)(I) in the case of mathematics and 
                        reading, be administered in each of grades 3 
                        through 8 and at least once in grades 9 through 
                        12;
                            ``(II) in the case of any other subject 
                        chosen by the State, be administered at the 
                        discretion of the State;
                            ``(vi) measure individual student academic 
                        proficiency and growth;
                            ``(vii) at the State's discretion--
                                    ``(I) be administered through a 
                                single annual summative assessment; or
                                    ``(II) be administered through 
                                multiple assessments during the course 
                                of the academic year that result in a 
                                single summative score that provides 
                                valid, reliable, and transparent 
                                information on student achievement;
                            ``(viii) include measures that assess 
                        higher-order thinking skills and understanding;
                            ``(ix) provide for--
                                    ``(I) the participation in such 
                                assessments of all students;
                                    ``(II) the reasonable adaptations 
                                and accommodations for students with 
                                disabilities necessary to measure the 
                                academic achievement of such students 
                                relative to the State's academic 
                                standards; and
                                    ``(III) the inclusion of English 
                                learners, who shall be assessed in a 
                                valid and reliable manner and provided 
                                reasonable accommodations, including, 
                                to the extent practicable, assessments 
                                in the language and form most likely to 
                                yield accurate and reliable information 
                                on what such students know and can do 
                                in academic content areas, until such 
                                students have achieved English language 
                                proficiency, as assessed by the State 
                                under subparagraph (D);
                            ``(x) notwithstanding clause (ix)(III), 
                        provide for the assessment of reading or 
                        language arts in English for English learners 
                        who have attended school in the United States 
                        (not including Puerto Rico) for 3 or more 
                        consecutive school years, except that a local 
                        educational agency may, on a case-by-case 
                        basis, provide for the assessment of reading or 
                        language arts for each such student in a 
                        language other than English for a period not to 
                        exceed 2 additional consecutive years if the 
                        assessment would be more likely to yield 
                        accurate and reliable information on what such 
                        student knows and can do, provided that such 
                        student has not yet reached a level of English 
                        language proficiency sufficient to yield valid 
                        and reliable information on what such student 
                        knows and can do on reading or language arts 
                        assessments written in English;
                            ``(xi) produce individual student 
                        interpretive, descriptive, and diagnostic 
                        reports regarding achievement on such 
                        assessments that allow parents, teachers, and 
                        school leaders to understand and address the 
                        specific academic needs of students, and that 
                        are provided to parents, teachers, and school 
                        leaders, as soon as is practicable after the 
                        assessment is given, in an understandable and 
                        uniform format, and to the extent practicable, 
                        in a language that parents can understand;
                            ``(xii) enable results to be disaggregated 
                        within each State, local educational agency, 
                        and school by gender, by each major racial and 
                        ethnic group, by English language proficiency 
                        status, by migrant status, by status as a 
                        student with a disability, and by economically 
                        disadvantaged status, except that, in the case 
                        of a local educational agency or a school, such 
                        disaggregation shall not be required in a case 
                        in which the number of students in a category 
                        is insufficient to yield statistically reliable 
                        information or the results would reveal 
                        personally identifiable information about an 
                        individual student; and
                            ``(xiii) be administered to not less than 
                        95 percent of all students, and not less than 
                        95 percent of each subgroup of students 
                        described in paragraph (3)(B)(ii)(II).
                    ``(C) Alternate assessments.--A State may provide 
                for alternate assessments aligned with the alternate 
                academic standards adopted in accordance with paragraph 
                (1)(D), for students with the most significant 
                cognitive disabilities, if the State--
                            ``(i) establishes and monitors 
                        implementation of clear and appropriate 
                        guidelines for individualized education program 
                        teams (as defined in section 614(d)(1)(B) of 
                        the Individuals with Disabilities Education 
                        Act) to apply when determining when a child's 
                        significant cognitive disability justifies 
                        assessment based on alternate achievement 
                        standards;
                            ``(ii) ensures that the parents of such 
                        students are informed that--
                                    ``(I) their child's academic 
                                achievement will be measured against 
                                such alternate standards; and
                                    ``(II) whether participation in 
                                such assessments precludes the student 
                                from completing the requirements for a 
                                regular high school diploma as defined 
                                in section 5101(35)(A);
                            ``(iii) demonstrates that such students 
                        are, to the extent practicable, included in the 
                        general curriculum and that such alternate 
                        assessments are aligned with such curriculum;
                            ``(iv) develops, disseminates information 
                        about, and promotes the use of appropriate 
                        accommodations to increase the number of 
                        students with disabilities who are tested 
                        against academic achievement standards for the 
                        grade in which a student is enrolled; and
                            ``(v) ensures that regular and special 
                        education teachers and other appropriate staff 
                        know how to administer the alternate 
                        assessments, including making appropriate use 
                        of accommodations for students with 
                        disabilities.
                    ``(D) Assessments of english language 
                proficiency.--
                            ``(i) In general.--Each State plan shall 
                        demonstrate that local educational agencies in 
                        the State will provide for an annual assessment 
                        of English proficiency of all English learners 
                        in the schools served by the State educational 
                        agency.
                            ``(ii) Alignment.--The assessments 
                        described in clause (i) shall be aligned with 
                        the State's English language proficiency 
                        standards described in paragraph (1)(E).
                    ``(E) Language assessments.--Each State plan shall 
                identify the languages other than English that are 
                present in the participating student population and 
                indicate the languages for which yearly student 
                academic assessments are not available and are needed. 
                The State shall make every effort to develop such 
                assessments and may request assistance from the 
                Secretary if linguistically accessible academic 
                assessment measures are needed. Upon request, the 
                Secretary shall assist with the identification of 
                appropriate academic assessment measures in the needed 
                languages, but shall not mandate a specific academic 
                assessment or mode of instruction.
                    ``(F) Adaptive assessments.--A State may develop 
                and administer computer adaptive assessments as the 
                assessments required under subparagraph (A). If a State 
                develops and administers a computer adaptive assessment 
                for such purposes, the assessment shall meet the 
                requirements of this paragraph, except as follows:
                            ``(i) Notwithstanding subparagraph 
                        (B)(iii), the assessment--
                                    ``(I) shall measure, at a minimum, 
                                each student's academic proficiency 
                                against the State's academic standards 
                                for the student's grade level and 
                                growth toward such standards; and
                                    ``(II) if the State chooses, may be 
                                used to measure the student's level of 
                                academic proficiency and growth using 
                                assessment items above or below the 
                                student's grade level, including for 
                                use as part of a State's accountability 
                                system under paragraph (3).
                            ``(ii) Subparagraph (B)(ii) shall not be 
                        interpreted to require that all students taking 
                        the computer adaptive assessment be 
                        administered the same assessment items.
            ``(3) State accountability systems.--
                    ``(A) In general.--Each State plan shall 
                demonstrate that the State has developed and is 
                implementing a single, statewide accountability system 
                to ensure that all public school students graduate from 
                high school prepared for postsecondary education or the 
                workforce without the need for remediation.
                    ``(B) Elements.--Each State accountability system 
                described in subparagraph (A) shall at a minimum--
                            ``(i) annually measure the academic 
                        achievement of all public school students in 
                        the State against the State's academic 
                        standards adopted under paragraph (1), which 
                        may include measures of student growth toward 
                        such standards, using the assessments described 
                        in paragraph (2) and other valid and reliable 
                        academic indicators related to student 
                        achievement as identified by the State;
                            ``(ii) annually evaluate and identify the 
                        academic performance of each public school in 
                        the State based on--
                                    ``(I) student academic achievement 
                                as measured in accordance with clause 
                                (i); and
                                    ``(II) the overall performance, and 
                                achievement gaps as compared to all 
                                students in the school, for 
                                economically disadvantaged students, 
                                students from major racial and ethnic 
                                groups, students with disabilities, and 
                                English learners, except that 
                                disaggregation of data under this 
                                subclause shall not be required in a 
                                case in which the number of students in 
                                a category is insufficient to yield 
                                statistically reliable information or 
                                the results would reveal personally 
                                identifiable information about an 
                                individual student; and
                            ``(iii) include a system for school 
                        improvement for low-performing public schools 
                        receiving funds under this subpart that--
                                    ``(I) implements interventions in 
                                such schools that are designed to 
                                address such schools' weaknesses; and
                                    ``(II) is implemented by local 
                                educational agencies serving such 
                                schools.
                    ``(C) Prohibition.--Nothing in this section shall 
                be construed to permit the Secretary to establish any 
                criteria that specifies, defines, or prescribes any 
                aspect of a State's accountability system developed and 
                implemented in accordance with this paragraph.
                    ``(D) Accountability for charter schools.--The 
                accountability provisions under this Act shall be 
                overseen for charter schools in accordance with State 
                charter school law.
            ``(4) Requirements.--Each State plan shall describe--
                    ``(A) how the State educational agency will assist 
                each local educational agency and each public school 
                affected by the State plan to comply with the 
                requirements of this subpart, including how the State 
                educational agency will work with local educational 
                agencies to provide technical assistance; and
                    ``(B) how the State educational agency will ensure 
                that the results of the State assessments described in 
                paragraph (2), the other indicators selected by the 
                State under paragraph (3)(B)(i), and the school 
                evaluations described in paragraph (3)(B)(ii), will be 
                promptly provided to local educational agencies, 
                schools, teachers, and parents in a manner that is 
                clear and easy to understand, but not later than before 
                the beginning of the school year following the school 
                year in which such assessments, other indicators, or 
                evaluations are taken or completed.
            ``(5) Timeline for implementation.--Each State plan shall 
        describe the process by which the State will adopt and 
        implement the State academic standards, assessments, and 
        accountability system required under this section within 2 
        years of enactment of the Student Success Act.
            ``(6) Existing standards.--Nothing in this subpart shall 
        prohibit a State from revising, consistent with this section, 
        any standard adopted under this section before or after the 
        date of enactment of the Student Success Act.
            ``(7) Existing state law.--Nothing in this section shall be 
        construed to alter any State law or regulation granting parents 
        authority over schools that repeatedly failed to make adequate 
        yearly progress under this section, as in effect on the day 
        before the date of the enactment of the Student Success Act.
    ``(c) Other Provisions to Support Teaching and Learning.--Each 
State plan shall contain assurances that--
            ``(1) the State will notify local educational agencies, 
        schools, teachers, parents, and the public of the academic 
        standards, academic assessments, and State accountability 
        system developed and implemented under this section;
            ``(2) the State will participate in biennial State academic 
        assessments of 4th and 8th grade reading and mathematics under 
        the National Assessment of Educational Progress carried out 
        under section 303(b)(2) of the National Assessment of 
        Educational Progress Authorization Act if the Secretary pays 
        the costs of administering such assessments;
            ``(3) the State educational agency will notify local 
        educational agencies and the public of the authority to operate 
        schoolwide programs;
            ``(4) the State educational agency will provide the least 
        restrictive and burdensome regulations for local educational 
        agencies and individual schools participating in a program 
        assisted under this subpart;
            ``(5) the State educational agency will encourage schools 
        to consolidate funds from other Federal, State, and local 
        sources for schoolwide reform in schoolwide programs under 
        section 1114;
            ``(6) the State educational agency will modify or eliminate 
        State fiscal and accounting barriers so that schools can easily 
        consolidate funds from other Federal, State, and local sources 
        for schoolwide programs under section 1114; and
            ``(7) the State educational agency will inform local 
        educational agencies in the State of the local educational 
        agency's authority to transfer funds under section 1002 and to 
        obtain waivers under section 5401;
    ``(d) Parental Involvement.--Each State plan shall describe how the 
State educational agency will support the collection and dissemination 
to local educational agencies and schools of effective parental 
involvement practices. Such practices shall--
            ``(1) be based on the most current research that meets the 
        highest professional and technical standards on effective 
        parental involvement that fosters achievement to high standards 
        for all children;
            ``(2) be geared toward lowering barriers to greater 
        participation by parents in school planning, review, and 
        improvement; and
            ``(3) be coordinated with programs funded under subpart 3 
        of part A of title III.
    ``(e) Peer Review and Secretarial Approval.--
            ``(1) Establishment.--Notwithstanding section 5543, the 
        Secretary shall--
                    ``(A) establish a peer-review process to assist in 
                the review of State plans; and
                    ``(B) appoint individuals to the peer-review 
                process who are representative of parents, teachers, 
                State educational agencies, and local educational 
                agencies, and who are familiar with educational 
                standards, assessments, accountability, the needs of 
                low-performing schools, and other educational needs of 
                students, and ensure that 75 percent of such appointees 
                are practitioners.
            ``(2) Approval.--The Secretary shall--
                    ``(A) approve a State plan within 120 days of its 
                submission;
                    ``(B) disapprove of the State plan only if the 
                Secretary demonstrates how the State plan fails to meet 
                the requirements of this section and immediately 
                notifies the State of such determination and the 
                reasons for such determination;
                    ``(C) not decline to approve a State's plan 
                before--
                            ``(i) offering the State an opportunity to 
                        revise its plan;
                            ``(ii) providing technical assistance in 
                        order to assist the State to meet the 
                        requirements of this section; and
                            ``(iii) providing a hearing; and
                    ``(D) have the authority to disapprove a State plan 
                for not meeting the requirements of this subpart, but 
                shall not have the authority to require a State, as a 
                condition of approval of the State plan, to include in, 
                or delete from, such plan one or more specific elements 
                of the State's academic standards or State 
                accountability system, or to use specific academic 
                assessments or other indicators.
            ``(3) State revisions.--A State plan shall be revised by 
        the State educational agency if it is necessary to satisfy the 
        requirements of this section.
            ``(4) Public review.--All communications, feedback, and 
        notifications under this subsection shall be conducted in a 
        manner that is immediately made available to the public through 
        the website of the Department, including--
                    ``(A) peer review guidance;
                    ``(B) the names of the peer reviewers;
                    ``(C) State plans submitted or resubmitted by a 
                State, including the current approved plans;
                    ``(D) peer review notes;
                    ``(E) State plan determinations by the Secretary, 
                including approvals or disapprovals, and any deviations 
                from the peer reviewers' recommendations with an 
                explanation of the deviation; and
                    ``(F) hearings.
            ``(5) Prohibition.--The Secretary, and the Secretary's 
        staff, may not attempt to participate in, or influence, the 
        peer review process. No Federal employee may participate in, or 
        attempt to influence the peer review process, except to respond 
        to questions of a technical nature, which shall be publicly 
        reported.
    ``(f) Duration of the Plan.--
            ``(1) In general.--Each State plan shall--
                    ``(A) remain in effect for the duration of the 
                State's participation under this subpart; and
                    ``(B) be periodically reviewed and revised as 
                necessary by the State educational agency to reflect 
                changes in the State's strategies and programs under 
                this subpart.
            ``(2) Additional information.--If a State makes significant 
        changes to its State plan, such as the adoption of new State 
        academic standards or new academic assessments, or adopts a new 
        State accountability system, such information shall be 
        submitted to the Secretary under subsection (e)(2) for 
        approval.
    ``(g) Failure to Meet Requirements.--If a State fails to meet any 
of the requirements of this section then the Secretary shall withhold 
funds for State administration under this subpart until the Secretary 
determines that the State has fulfilled those requirements.
    ``(h) Reports.--
            ``(1) Annual state report card.--
                    ``(A) In general.--A State that receives assistance 
                under this subpart shall prepare and disseminate an 
                annual State report card. Such dissemination shall 
                include, at a minimum, publicly posting the report card 
                on the home page of the State educational agency's 
                website.
                    ``(B) Implementation.--The State report card shall 
                be--
                            ``(i) concise; and
                            ``(ii) presented in an understandable and 
                        uniform format that is developed in 
                        consultation with parents and, to the extent 
                        practicable, provided in a language that 
                        parents can understand.
                    ``(C) Required information.--The State shall 
                include in its annual State report card information 
                on--
                            ``(i) the performance of students, in the 
                        aggregate and disaggregated by the categories 
                        of students described in subsection 
                        (b)(2)(B)(xii) (except that such disaggregation 
                        shall not be required in a case in which the 
                        number of students in a category is 
                        insufficient to yield statistically reliable 
                        information or the results would reveal 
                        personally identifiable information about an 
                        individual student), on the State academic 
                        assessments described in subsection (b)(2);
                            ``(ii) the participation rate on such 
                        assessments, in the aggregate and disaggregated 
                        in accordance with clause (i));
                            ``(iii) the performance of students, in the 
                        aggregate and disaggregated in accordance with 
                        clause (i), on other academic indicators 
                        described in subsection (b)(3)(B)(i);
                            ``(iv) for each public high school in the 
                        State, in the aggregate and disaggregated in 
                        accordance with clause (i)--
                                    ``(I) the four-year adjusted cohort 
                                graduation rate, and
                                    ``(II) at the State's discretion, 
                                the extended-year adjusted cohort 
                                graduation rate, calculated and 
                                reported separately for students 
                                graduating in 5 years or less and 
                                students graduating in 6 years or less;
                            ``(v) each public school's evaluation 
                        results as determined in accordance with 
                        subsection (b)(3)(B)(ii);
                            ``(vi) the acquisition of English 
                        proficiency by English learners;
                            ``(vii) the number and percentage of 
                        teachers in each category established under 
                        clause (iii) of section 2123(1)(A), except that 
                        such information shall not reveal personally 
                        identifiable information about an individual 
                        teacher; and
                            ``(viii) the results of the assessments 
                        described in subsection (c)(2).
                    ``(D) Optional information.--The State may include 
                in its annual State report card such other information 
                as the State believes will best provide parents, 
                students, and other members of the public with 
                information regarding the progress of each of the 
                State's public elementary schools and public secondary 
                schools.
            ``(2) Annual local educational agency report cards.--
                    ``(A) In general.--A local educational agency that 
                receives assistance under this subpart shall prepare 
                and disseminate an annual local educational agency 
                report card.
                    ``(B) Minimum requirements.--The State educational 
                agency shall ensure that each local educational agency 
                collects appropriate data and includes in the local 
                educational agency's annual report the information 
                described in paragraph (1)(C) as applied to the local 
                educational agency and each school served by the local 
                educational agency, and--
                            ``(i) in the case of a local educational 
                        agency, information that shows how students 
                        served by the local educational agency achieved 
                        on the statewide academic assessment and other 
                        academic indicators adopted in accordance with 
                        subsection (b)(3)(B)(i) compared to students in 
                        the State as a whole; and
                            ``(ii) in the case of a school, the 
                        school's evaluation under subsection 
                        (b)(3)(B)(ii).
                    ``(C) Other information.--A local educational 
                agency may include in its annual local educational 
                agency report card any other appropriate information, 
                whether or not such information is included in the 
                annual State report card.
                    ``(D) Data.--A local educational agency or school 
                shall only include in its annual local educational 
                agency report card data that are sufficient to yield 
                statistically reliable information, as determined by 
                the State, and that do not reveal personally 
                identifiable information about an individual student.
                    ``(E) Public dissemination.--The local educational 
                agency shall publicly disseminate the information 
                described in this paragraph to all schools served by 
                the local educational agency and to all parents of 
                students attending those schools in an understandable 
                and uniform format, and, to the extent practicable, in 
                a language that parents can understand, and make the 
                information widely available through public means, such 
                as posting on the Internet, distribution to the media, 
                and distribution through public agencies, except that 
                if a local educational agency issues a report card for 
                all students, the local educational agency may include 
                the information under this section as part of such 
                report.
            ``(3) Preexisting report cards.--A State educational agency 
        or local educational agency may use public report cards on the 
        performance of students, schools, local educational agencies, 
        or the State, that were in effect prior to the enactment of the 
        Student Success Act for the purpose of this subsection, so long 
        as any such report card is modified, as may be needed, to 
        contain the information required by this subsection.
            ``(4) Parents right-to-know.--
                    ``(A) Achievement information.--At the beginning of 
                each school year, a school that receives funds under 
                this subpart shall provide to each individual parent 
                information on the level of achievement of the parent's 
                child in each of the State academic assessments and 
                other academic indicators adopted in accordance with 
                this subpart.
                    ``(B) Format.--The notice and information provided 
                to parents under this paragraph shall be in an 
                understandable and uniform format and, to the extent 
                practicable, provided in a language that the parents 
                can understand.
    ``(i) Privacy.--Information collected under this section shall be 
collected and disseminated in a manner that protects the privacy of 
individuals consistent with section 444 of the General Education 
Provisions Act.
    ``(j) Voluntary Partnerships.--A State may enter into a voluntary 
partnership with another State to develop and implement the academic 
assessments and standards required under this section, except that the 
Secretary shall not attempt to influence, incentivize, or coerce State 
participation in any such partnerships.
    ``(k) Construction.--Nothing in this part shall be construed to 
prescribe the use of the academic assessments described in this part 
for student promotion or graduation purposes.
    ``(l) Special Rule With Respect to Bureau-funded Schools.--In 
determining the assessments to be used by each school operated or 
funded by the Bureau of Indian Education receiving funds under this 
subpart, the following shall apply:
            ``(1) Each such school that is accredited by the State in 
        which it is operating shall use the assessments and other 
        academic indicators the State has developed and implemented to 
        meet the requirements of this section, or such other 
        appropriate assessment and academic indicators as approved by 
        the Secretary of the Interior.
            ``(2) Each such school that is accredited by a regional 
        accrediting organization shall adopt an appropriate assessment 
        and other academic indicators, in consultation with and with 
        the approval of, the Secretary of the Interior and consistent 
        with assessments and academic indicators adopted by other 
        schools in the same State or region, that meet the requirements 
        of this section.
            ``(3) Each such school that is accredited by a tribal 
        accrediting agency or tribal division of education shall use an 
        assessment and other academic indicators developed by such 
        agency or division, except that the Secretary of the Interior 
        shall ensure that such assessment and academic indicators meet 
        the requirements of this section.''.

SEC. 113. LOCAL EDUCATIONAL AGENCY PLANS.

    Section 1112 (20 U.S.C. 6312) is amended to read as follows:

``SEC. 1112. LOCAL EDUCATIONAL AGENCY PLANS.

    ``(a) Plans Required.--
            ``(1) Subgrants.--A local educational agency may receive a 
        subgrant under this subpart for any fiscal year only if such 
        agency has on file with the State educational agency a plan, 
        approved by the State educational agency, that is coordinated 
        with other programs under this Act, the Individuals with 
        Disabilities Education Act, the Carl D. Perkins Career and 
        Technical Education Act of 2006, the McKinney-Vento Homeless 
        Assistance Act, and other Acts, as appropriate.
            ``(2) Consolidated application.--The plan may be submitted 
        as part of a consolidated application under section 5305.
    ``(b) Plan Provisions.--Each local educational agency plan shall 
describe--
            ``(1) how the local educational agency will monitor, in 
        addition to the State assessments described in section 
        1111(b)(2), students' progress in meeting the State's academic 
        standards;
            ``(2) how the local educational agency will identify 
        quickly and effectively those students who may be at risk of 
        failing to meet the State's academic standards;
            ``(3) how the local educational agency will provide 
        additional educational assistance to individual students in 
        need of additional help in meeting the State's academic 
        standards;
            ``(4) how the local educational agency will implement the 
        school improvement system described in section 
        1111(b)(3)(B)(iii) for any of the agency's schools identified 
        under such section;
            ``(5) how the local educational agency will coordinate 
        programs under this subpart with other programs under this Act 
        and other Acts, as appropriate;
            ``(6) the poverty criteria that will be used to select 
        school attendance areas under section 1113;
            ``(7) how teachers, in consultation with parents, 
        administrators, and specialized instructional support 
        personnel, in targeted assistance schools under section 1115, 
        will identify the eligible children most in need of services 
        under this subpart;
            ``(8) in general, the nature of the programs to be 
        conducted by the local educational agency's schools under 
        sections 1114 and 1115, and, where appropriate, educational 
        services outside such schools for children living in local 
        institutions for neglected and delinquent children, and for 
        neglected and delinquent children in community day school 
        programs;
            ``(9) how the local educational agency will ensure that 
        migratory children who are eligible to receive services under 
        this subpart are selected to receive such services on the same 
        basis as other children who are selected to receive services 
        under this subpart;
            ``(10) the services the local educational agency will 
        provide homeless children, including services provided with 
        funds reserved under section 1113(c)(3)(A);
            ``(11) the strategy the local educational agency will use 
        to implement effective parental involvement under section 1118;
            ``(12) if appropriate, how the local educational agency 
        will use funds under this subpart to support preschool programs 
        for children, particularly children participating in a Head 
        Start program, which services may be provided directly by the 
        local educational agency or through a subcontract with the 
        local Head Start agency designated by the Secretary of Health 
        and Human Services under section 641 of the Head Start Act, or 
        another comparable early childhood development program;
            ``(13) how the local educational agency, through incentives 
        for voluntary transfers, the provision of professional 
        development, recruitment programs, incentive pay, performance 
        pay, or other effective strategies, will address disparities in 
        the rates of low-income and minority students and other 
        students being taught by ineffective teachers; and
            ``(14) if appropriate, how the local educational agency 
        will use funds under this subpart to support programs that 
        coordinate and integrate--
                    ``(A) career and technical education aligned with 
                State technical standards that promote skills 
                attainment important to in-demand occupations or 
                industries in the State and the State's academic 
                standards under section 1111(b)(1); and
                    ``(B) work-based learning opportunities that 
                provide students in-depth interaction with industry 
                professionals.
    ``(c) Assurances.--Each local educational agency plan shall provide 
assurances that the local educational agency will--
            ``(1) participate, if selected, in biennial State academic 
        assessments of 4th and 8th grade reading and mathematics under 
        the National Assessment of Educational Progress carried out 
        under section 303(b)(2) of the National Assessment of 
        Educational Progress Authorization Act;
            ``(2) inform schools of schoolwide program authority and 
        the ability to consolidate funds from Federal, State, and local 
        sources;
            ``(3) provide technical assistance to schoolwide programs;
            ``(4) provide services to eligible children attending 
        private elementary and secondary schools in accordance with 
        section 1120, and timely and meaningful consultation with 
        private school officials or representatives regarding such 
        services;
            ``(5) in the case of a local educational agency that 
        chooses to use funds under this subpart to provide early 
        childhood development services to low-income children below the 
        age of compulsory school attendance, ensure that such services 
        comply with the performance standards established under section 
        641A(a) of the Head Start Act;
            ``(6) inform eligible schools of the local educational 
        agency's authority to request waivers on the school's behalf 
        under Title V; and
            ``(7) ensure that the results of the academic assessments 
        required under section 1111(b)(2) will be provided to parents 
        and teachers as soon as is practicably possible after the test 
        is taken, in an understandable and uniform format and, to the 
        extent practicable, provided in a language that the parents can 
        understand.
    ``(d) Special Rule.--In carrying out subsection (c)(5), the 
Secretary shall--
            ``(1) consult with the Secretary of Health and Human 
        Services and shall establish procedures (taking into 
        consideration existing State and local laws, and local teacher 
        contracts) to assist local educational agencies to comply with 
        such subparagraph; and
            ``(2) disseminate to local educational agencies the 
        education performance standards in effect under section 
        641A(a)(1)(B) of the Head Start Act, and such agencies affected 
        by such subsection shall plan for the implementation of such 
        subsection (taking into consideration existing State and local 
        laws, and local teacher contracts).
    ``(e) Plan Development and Duration.--
            ``(1) Consultation.--Each local educational agency plan 
        shall be developed in consultation with teachers, school 
        leaders, administrators, and other appropriate school 
        personnel, and with parents of children in schools served under 
        this subpart.
            ``(2) Duration.--Each such plan shall be submitted for the 
        first year for which this part is in effect following the date 
        of enactment of this Act and shall remain in effect for the 
        duration of the agency's participation under this subpart.
            ``(3) Review.--Each local educational agency shall 
        periodically review and, as necessary, revise its plan.
    ``(f) State Approval.--
            ``(1) In general.--Each local educational agency plan shall 
        be filed according to a schedule established by the State 
        educational agency.
            ``(2) Approval.--The State educational agency shall approve 
        a local educational agency's plan only if the State educational 
        agency determines that the local educational agency's plan--
                    ``(A) enables schools served under this subpart to 
                substantially help children served under this subpart 
                to meet the State's academic standards described in 
                section 1111(b)(1); and
                    ``(B) meets the requirements of this section.
            ``(3) Review.--The State educational agency shall review 
        the local educational agency's plan to determine if such 
        agency's activities are in accordance with section 1118.
    ``(g) Parental Notification.--
            ``(1) In general.--Each local educational agency using 
        funds under this subpart and subpart 4 to provide a language 
        instruction educational program shall, not later than 30 days 
        after the beginning of the school year, inform parents of an 
        English learner identified for participation, or participating 
        in, such a program of--
                    ``(A) the reasons for the identification of their 
                child as an English learner and in need of placement in 
                a language instruction educational program;
                    ``(B) the child's level of English proficiency, how 
                such level was assessed, and the status of the child's 
                academic achievement;
                    ``(C) the methods of instruction used in the 
                program in which their child is, or will be 
                participating, and the methods of instruction used in 
                other available programs, including how such programs 
                differ in content, instructional goals, and the use of 
                English and a native language in instruction;
                    ``(D) how the program in which their child is, or 
                will be participating, will meet the educational 
                strengths and needs of their child;
                    ``(E) how such program will specifically help their 
                child learn English, and meet age-appropriate academic 
                achievement standards for grade promotion and 
                graduation;
                    ``(F) the specific exit requirements for the 
                program, including the expected rate of transition from 
                such program into classrooms that are not tailored for 
                English learners, and the expected rate of graduation 
                from high school for such program if funds under this 
                subpart are used for children in secondary schools;
                    ``(G) in the case of a child with a disability, how 
                such program meets the objectives of the individualized 
                education program of the child; and
                    ``(H) information pertaining to parental rights 
                that includes written guidance--
                            ``(i) detailing--
                                    ``(I) the right that parents have 
                                to have their child immediately removed 
                                from such program upon their request; 
                                and
                                    ``(II) the options that parents 
                                have to decline to enroll their child 
                                in such program or to choose another 
                                program or method of instruction, if 
                                available; and
                            ``(ii) assisting parents in selecting among 
                        various programs and methods of instruction, if 
                        more than one program or method is offered by 
                        the eligible entity.
            ``(2) Notice.--The notice and information provided in 
        paragraph (1) to parents of a child identified for 
        participation in a language instruction educational program for 
        English learners shall be in an understandable and uniform 
        format and, to the extent practicable, provided in a language 
        that the parents can understand.
            ``(3) Special rule applicable during the school year.--For 
        those children who have not been identified as English learners 
        prior to the beginning of the school year the local educational 
        agency shall notify parents within the first 2 weeks of the 
        child being placed in a language instruction educational 
        program consistent with paragraphs (1) and (2).
            ``(4) Parental participation.--Each local educational 
        agency receiving funds under this subpart shall implement an 
        effective means of outreach to parents of English learners to 
        inform the parents regarding how the parents can be involved in 
        the education of their children, and be active participants in 
        assisting their children to attain English proficiency, achieve 
        at high levels in core academic subjects, and meet the State's 
        academic standards expected of all students, including holding, 
        and sending notice of opportunities for, regular meetings for 
        the purpose of formulating and responding to recommendations 
        from parents of students assisted under this subpart.
            ``(5) Basis for admission or exclusion.--A student shall 
        not be admitted to, or excluded from, any federally assisted 
        education program on the basis of a surname or language-
        minority status.''.

SEC. 114. ELIGIBLE SCHOOL ATTENDANCE AREAS.

    Section 1113 (20 U.S.C. 6313) is amended--
            (1) by striking ``part'' each place it appears and 
        inserting ``subpart''; and
            (2) in subsection (c)--
                    (A) by amending paragraph (3) to read as follows:
            ``(3) Reservations.--
                    ``(A) In general.--A local educational agency shall 
                reserve such funds as are necessary under this subpart 
                to provide services comparable to those provided to 
                children in schools funded under this subpart to serve 
                the following:
                            ``(i) Homeless children and youths, which 
                        may include--
                                    ``(I) for homeless children and 
                                youths who are attending schools not 
                                receiving assistance under this subpart 
                                and schools receiving assistance under 
                                this subpart, providing transportation 
                                pursuant to section 722(g)(1)(J)(iii) 
                                of the McKinney-Vento Homeless 
                                Assistance Act; and
                                    ``(II) for homeless children and 
                                youths who are attending schools not 
                                receiving assistance under this 
                                subpart--
                                            ``(aa) providing support 
                                        services to homeless children 
                                        and youths in shelters and 
                                        other locations where they may 
                                        live; and
                                            ``(bb) removing barriers to 
                                        homeless children and youths' 
                                        enrollment, attendance, 
                                        retention, and success in 
                                        school.
                            ``(ii) Children in local institutions for 
                        neglected children.
                            ``(iii) If appropriate, children in local 
                        institutions for delinquent children, and 
                        neglected or delinquent children in community 
                        day school programs.
                    ``(B) Amount reserved.--The amount of funds 
                reserved under subparagraph (A)(i) may be based upon a 
                needs assessment of the homeless children and youths in 
                the local educational agency, which may include the 
                following:
                            ``(i) Information related to child, youth, 
                        and family homelessness in the local 
                        educational agency obtained through the 
                        coordination and collaboration under 
                        subsections (f)(4) and (g)(5) of section 722 of 
                        the McKinney-Vento Homeless Assistance Act.
                            ``(ii) The number of homeless children and 
                        youths reported by the local educational agency 
                        to the State educational agency under section 
                        722(f)(3) of such Act for the previous school 
                        year.
                            ``(iii) Gaps in identification of homeless 
                        children and youths in the local educational 
                        agency, as described by the liaison designated 
                        pursuant to section 722(g)(1)(J)(ii) of such 
                        Act.''; and
                    (B) in paragraph (4)--
                            (i) by striking ``subpart 2'' and inserting 
                        ``chapter B''; and
                            (ii) by striking ``school improvement, 
                        corrective action, and restructuring under 
                        section 1116(b)'' and inserting ``school 
                        improvement under section 1111(b)(3)(B)(iii)''.

SEC. 115. SCHOOLWIDE PROGRAMS.

    Section 1114 (20 U.S.C. 6314) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) by striking ``part'' and inserting 
                        ``subpart''; and
                            (ii) by striking ``in which'' through 
                        ``such families'';
                    (B) in paragraph (2)--
                            (i) in subparagraph (A)(i), by striking 
                        ``part'' and inserting ``subpart''; and
                            (ii) in subparagraph (B)--
                                    (I) by striking ``children with 
                                limited English proficiency'' and 
                                inserting ``English learners''; and
                                    (II) by striking ``part'' and 
                                inserting ``subpart'';
                    (C) in paragraph (3)(B), by striking ``maintenance 
                of effort,'' after ``private school children,''; and
                    (D) by striking paragraph (4); and
            (2) in subsection (b)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A)--
                                    (I) by striking ``(including'' and 
                                all that follows through ``1309(2))''; 
                                and
                                    (II) by striking ``content 
                                standards and the State student 
                                academic achievement standards'' and 
                                inserting ``standards'';
                            (ii) in subparagraph (B)--
                                    (I) in clause (i), by striking 
                                ``proficient'' and all that follows 
                                through ``section 1111(b)(1)(D)'' and 
                                inserting ``academic standards 
                                described in section 1111(b)(1)'';
                                    (II) in clause (ii), in the matter 
                                preceding subclause (I), by striking 
                                ``based on scientifically based 
                                research'' and inserting ``evidence-
                                based'';
                                    (III) in clause (iii)(I)--
                                            (aa) by striking ``student 
                                        academic achievement 
                                        standards'' and inserting 
                                        ``academic standards''; and
                                            (bb) by striking 
                                        ``schoolwide program,'' and all 
                                        that follows through 
                                        ``technical education programs; 
                                        and'' and inserting 
                                        ``schoolwide programs; and''; 
                                        and
                                    (IV) in clause (iv), by striking 
                                ``the State and local improvement 
                                plans'' and inserting ``school 
                                improvement strategies'';
                            (iii) in subparagraph (C), by striking 
                        ``highly qualified'' and inserting 
                        ``effective'';
                            (iv) in subparagraph (D)--
                                    (I) by striking ``In accordance 
                                with section 1119 and subsection 
                                (a)(4), high-quality'' and inserting 
                                ``High-quality'';
                                    (II) by striking ``pupil services'' 
                                and inserting ``specialized 
                                instructional support services''; and
                                    (III) by striking ``student 
                                academic achievement'' and inserting 
                                ``academic'';
                            (v) in subparagraph (E), by striking 
                        ``high-quality highly qualified'' and inserting 
                        ``effective'';
                            (vi) in subparagraph (G), by striking ``, 
                        such as Head Start, Even Start, Early Reading 
                        First, or a State-run preschool program,'';
                            (vii) in subparagraph (H), by striking 
                        ``section 1111(b)(3)'' and inserting ``section 
                        1111(b)(2)'';
                            (viii) in subparagraph (I), by striking 
                        ``proficient or advanced levels of academic 
                        achievement standards'' and inserting ``State 
                        academic standards''; and
                            (ix) in subparagraph (J), by striking 
                        ``vocational'' and inserting ``career''; and
                    (B) in paragraph (2)--
                            (i) in subparagraph (A)--
                                    (I) in the matter preceding clause 
                                (i)--
                                            (aa) by striking ``first 
                                        develop'' and all that follows 
                                        through ``2001)'' and inserting 
                                        ``have in place''; and
                                            (bb) by striking ``and its 
                                        school support team or other 
                                        technical assistance provider 
                                        under section 1117'';
                                    (II) in clause (ii), by striking 
                                ``part'' and inserting ``subpart''; and
                                    (III) in clause (iv), by striking 
                                ``section 1111(b)(3)'' and inserting 
                                ``section 1111(b)(2)''; and
                            (ii) in subparagraph (B)--
                                    (I) in clause (i)--
                                            (aa) in subclause (I), by 
                                        striking ``, after considering 
                                        the recommendation of the 
                                        technical assistance providers 
                                        under section 1117,''; and
                                            (bb) in subclause (II), by 
                                        striking ``the No Child Left 
                                        Behind Act of 2001'' and 
                                        inserting ``Student Success 
                                        Act'' ;
                                    (II) in clause (ii)--
                                            (aa) by striking 
                                        ``(including administrators of 
                                        programs described in other 
                                        parts of this title)''; and
                                            (bb) by striking ``pupil 
                                        services'' and inserting 
                                        ``specialized instructional 
                                        support services'';
                                    (III) in clause (iii), by striking 
                                ``part'' and inserting ``subpart''; and
                                    (IV) in clause (v), by striking 
                                ``Reading First, Early Reading First, 
                                Even Start,''; and
            (3) in subsection (c)--
                    (A) by striking ``part'' and inserting ``subpart''; 
                and
                    (B) by striking ``6,'' and all that follows through 
                the period at the end and inserting ``6.''.

SEC. 116. TARGETED ASSISTANCE SCHOOLS.

    Section 1115 (20 U.S.C. 6315) is amended--
            (1) in subsection (a)--
                    (A) by striking ``are ineligible for a schoolwide 
                program under section 1114, or that'';
                    (B) by striking ``operate such'' and inserting 
                ``operate''; and
                    (C) by striking ``part'' and inserting ``subpart'';
            (2) in subsection (b)--
                    (A) in paragraph (1)(B), by striking ``challenging 
                student academic achievement'' and inserting 
                ``academic'';
                    (B) in paragraph (2)--
                            (i) in subparagraph (A)--
                                    (I) by striking ``limited English 
                                proficient children'' and inserting 
                                ``English learners''; and
                                    (II) by striking ``part'' each 
                                place it appears and inserting 
                                ``subpart'';
                            (ii) in subparagraph (B)--
                                    (I) in the heading, by striking ``, 
                                even start, or early reading first''; 
                                and
                                    (II) by striking ``, Even Start, or 
                                Early Reading First'';
                            (iii) in subparagraph (C)--
                                    (I) by amending the heading to read 
                                as follows: ``Subpart 3 children.--'';
                                    (II) by striking ``part C'' and 
                                inserting ``subpart 3''; and
                                    (III) by striking ``part'' and 
                                inserting ``subpart'';
                            (iv) in subparagraphs (D) and (E), by 
                        striking ``part'' each place it appears and 
                        inserting ``subpart'';
                    (C) in paragraph (3), by striking ``part'' and 
                inserting ``subpart'';
            (3) in subsection (c)--
                    (A) in paragraph (1)--
                            (i) in the matter preceding subparagraph 
                        (A)--
                                    (I) by striking ``part'' and 
                                inserting ``subpart''; and
                                    (II) by striking ``challenging 
                                student academic achievement'' and 
                                inserting ``academic'';
                            (ii) in subparagraph (A)--
                                    (I) by striking ``part'' and 
                                inserting ``subpart''; and
                                    (II) by striking ``challenging 
                                student academic achievement'' and 
                                inserting ``academic'';
                            (iii) in subparagraph (B), by striking 
                        ``part'' and inserting ``subpart'';
                            (iv) in subparagraph (C)--
                                    (I) in the matter preceding clause 
                                (i), by striking ``based on 
                                scientifically based research'' and 
                                inserting ``evidence-based''; and
                                    (II) in clause (iii), by striking 
                                ``part'' and inserting ``subpart'';
                            (v) in subparagraph (D), by striking ``such 
                        as Head Start, Even Start, Early Reading First 
                        or State-run preschool programs'';
                            (vi) in subparagraph (E), by striking 
                        ``highly qualified'' and inserting 
                        ``effective'';
                            (vii) in subparagraph (F)--
                                    (I) by striking ``in accordance 
                                with subsection (e)(3) and section 
                                1119,'';
                                    (II) by striking ``part'' and 
                                inserting ``subpart''; and
                                    (III) by striking ``pupil services 
                                personnel'' and inserting ``specialized 
                                instructional support personnel''; and
                            (viii) in subparagraph (H), by striking 
                        ``vocational'' and inserting ``career''; and
                    (B) in paragraph (2)--
                            (i) in the matter preceding subparagraph 
                        (A), by striking ``proficient and advanced 
                        levels of achievement'' and inserting 
                        ``academic standards'';
                            (ii) in subparagraph (A), by striking 
                        ``part'' and inserting ``subpart''; and
                            (iii) in subparagraph (B), by striking 
                        ``challenging student academic achievement'' 
                        and inserting ``academic'';
            (4) in subsection (d), in the matter preceding paragraph 
        (1), by striking ``part'' each place it appears and inserting 
        ``subpart''; and
            (5) in subsection (e)--
                    (A) in paragraph (2)(B)--
                            (i) in the matter preceding clause (i), by 
                        striking ``part'' and inserting ``subpart''; 
                        and
                            (ii) in clause (iii), by striking ``pupil 
                        services'' and inserting ``specialized 
                        instructional support services''; and
                    (B) by striking paragraph (3).

SEC. 117. ACADEMIC ASSESSMENT AND LOCAL EDUCATIONAL AGENCY AND SCHOOL 
              IMPROVEMENT; SCHOOL SUPPORT AND RECOGNITION.

    The Act is amended by repealing sections 1116 and 1117 (20 U.S.C. 
6316; 6317).

SEC. 118. PARENTAL INVOLVEMENT.

    Section 1118 (20 U.S.C. 6318) is amended--
            (1) by striking ``part'' each place such term appears and 
        inserting ``subpart'';
            (2) in subsection (a)--
                    (A) in paragraph (2)--
                            (i) in subparagraph (A), by striking ``, 
                        and'' and all that follows through ``1116''; 
                        and
                            (ii) in subparagraph (D), by striking ``, 
                        such as'' and all that follows through 
                        ``preschool programs''; and
                    (B) in paragraph (3)(A), by striking ``subpart 2 of 
                this part'' each place it appears and inserting 
                ``chapter B of this subpart'';
            (3) by amending subsection (c)(4)(B) to read as follows:
                    ``(B) a description and explanation of the 
                curriculum in use at the school and the forms of 
                academic assessment used to measure student progress; 
                and'';
            (4) in subsection (d)(1), by striking ``student academic 
        achievement'' and inserting ``academic'';
            (5) in subsection (e)--
                    (A) in paragraph (1), by striking ``State's 
                academic content standards and State student academic 
                achievement standards'' and inserting ``State's 
                academic standards'';
                    (B) in paragraph (3)--
                            (i) by striking ``pupil services 
                        personnel,'' and inserting ``specialized 
                        instructional support personnel,''; and
                            (ii) by striking ``principals,'' and 
                        inserting ``school leaders,''; and
                    (C) in paragraph (4), by striking ``Head Start, 
                Reading First, Early Reading First, Even Start, the 
                Home Instruction Programs for Preschool Youngsters, the 
                Parents as Teachers Program, and public preschool and 
                other'' and inserting ``other Federal, State, and 
                local''; and
            (6) by amending subsection (g) to read as follows:
    ``(g) Family Engagement in Education Programs.--In a State 
operating a program under subpart 3 of part A of title III, each local 
educational agency or school that receives assistance under this 
subpart shall inform such parents and organizations of the existence of 
such programs.''.

SEC. 119. QUALIFICATIONS FOR TEACHERS AND PARAPROFESSIONALS.

    The Act is amended by repealing section 1119 (20 U.S.C. 6319).

SEC. 120. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE SCHOOLS.

    Section 1120 (20 U.S.C. 6320) is amended to read as follows:

``SEC. 1120. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE SCHOOLS.

    ``(a) General Requirement.--
            ``(1) In general.--To the extent consistent with the number 
        of eligible children identified under section 1115(b) in the 
        school district served by a local educational agency who are 
        enrolled in private elementary schools and secondary schools, a 
        local educational agency shall--
                    ``(A) after timely and meaningful consultation with 
                appropriate private school officials or 
                representatives, provide such service, on an equitable 
                basis and individually or in combination, as requested 
                by the officials or representatives to best meet the 
                needs of such children, special educational services, 
                instructional services, counseling, mentoring, one-on-
                one tutoring, or other benefits under this subpart 
                (such as dual enrollment, educational radio and 
                television, computer equipment and materials, other 
                technology, and mobile educational services and 
                equipment) that address their needs; and
                    ``(B) ensure that teachers and families of the 
                children participate, on an equitable basis, in 
                services and activities developed pursuant to this 
                subpart.
            ``(2) Secular, neutral, nonideological.--Such educational 
        services or other benefits, including materials and equipment, 
        shall be secular, neutral, and nonideological.
            ``(3) Equity.--
                    ``(A) In general.--Educational services and other 
                benefits for such private school children shall be 
                equitable in comparison to services and other benefits 
                for public school children participating under this 
                subpart, and shall be provided in a timely manner.
                    ``(B) Ombudsman.--To help ensure such equity for 
                such private school children, teachers, and other 
                educational personnel, the State educational agency 
                involved shall designate an ombudsman to monitor and 
                enforce the requirements of this subpart.
            ``(4) Expenditures.--
                    ``(A) In general.--Expenditures for educational 
                services and other benefits to eligible private school 
                children shall be equal to the expenditures for 
                participating public school children, taking into 
                account the number, and educational needs, of the 
                children to be served.
                    ``(B) Obligation of funds.--Funds allocated to a 
                local educational agency for educational services and 
                other benefits to eligible private school children 
                shall--
                            ``(i) be obligated in the fiscal year for 
                        which the funds are received by the agency; and
                            ``(ii) with respect to any such funds that 
                        cannot be so obligated, be used to serve such 
                        children in the following fiscal year.
            ``(5) Provision of services.--The local educational agency 
        or, in a case described in subsection (b)(6)(C), the State 
        educational agency involved, may provide services under this 
        section directly or through contracts with public or private 
        agencies, organizations, and institutions.
    ``(b) Consultation.--
            ``(1) In general.--To ensure timely and meaningful 
        consultation, a local educational agency shall consult with 
        appropriate private school officials or representatives during 
        the design and development of such agency's programs under this 
        subpart in order to reach an agreement between the agency and 
        the officials or representatives about equitable and effective 
        programs for eligible private school children, the results of 
        which shall be transmitted to the designated ombudsmen under 
        section 1120(a)(3)(B). Such process shall include consultation 
        on issues such as--
                    ``(A) how the children's needs will be identified;
                    ``(B) what services will be offered;
                    ``(C) how, where, and by whom the services will be 
                provided;
                    ``(D) how the services will be academically 
                assessed and how the results of that assessment will be 
                used to improve those services;
                    ``(E) the size and scope of the equitable services 
                to be provided to the eligible private school children, 
                and the proportion of funds that is allocated under 
                subsection (a)(4) for such services, how that 
                proportion of funds is determined under such 
                subsection, and an itemization of the costs of the 
                services to be provided;
                    ``(F) the method or sources of data that are used 
                under subsection (c) and section 1113(c)(1) to 
                determine the number of children from low-income 
                families in participating school attendance areas who 
                attend private schools;
                    ``(G) how and when the agency will make decisions 
                about the delivery of services to such children, 
                including a thorough consideration and analysis of the 
                views of the private school officials or 
                representatives on the provision of services through a 
                contract with potential third-party providers;
                    ``(H) how, if the agency disagrees with the views 
                of the private school officials or representatives on 
                the provision of services through a contract, the local 
                educational agency will provide in writing to such 
                private school officials an analysis of the reasons why 
                the local educational agency has chosen not to use a 
                contractor;
                    ``(I) whether the agency will provide services 
                under this section directly or through contracts with 
                public and private agencies, organizations, and 
                institutions;
                    ``(J) whether to provide equitable services to 
                eligible private school children--
                            ``(i) by creating a pool or pools of funds 
                        with all of the funds allocated under paragraph 
                        (4) based on all the children from low-income 
                        families who attend private schools in a 
                        participating school attendance area of the 
                        agency from which the local educational agency 
                        will provide such services to all such 
                        children; or
                            ``(ii) by providing such services to 
                        eligible children in each private school in the 
                        agency's participating school attendance area 
                        with the proportion of funds allocated under 
                        paragraph (4) based on the number of children 
                        from low-income families who attend such 
                        school; and
                    ``(K) whether to consolidate and use funds under 
                this subpart to provide schoolwide programs for a 
                private school.
            ``(2) Disagreement.--If a local educational agency 
        disagrees with the views of private school officials or 
        representatives with respect to an issue described in paragraph 
        (1), the local educational agency shall provide in writing to 
        such private school officials an analysis of the reasons why 
        the local educational agency has chosen not to adopt the course 
        of action requested by such officials.
            ``(3) Timing.--Such consultation shall include meetings of 
        agency and private school officials or representatives and 
        shall occur before the local educational agency makes any 
        decision that affects the opportunities of eligible private 
        school children to participate in programs under this subpart. 
        Such meetings shall continue throughout implementation and 
        assessment of services provided under this section.
            ``(4) Discussion.--Such consultation shall include a 
        discussion of service delivery mechanisms a local educational 
        agency can use to provide equitable services to eligible 
        private school children.
            ``(5) Documentation.--Each local educational agency shall 
        maintain in the agency's records and provide to the State 
        educational agency involved a written affirmation signed by 
        officials or representatives of each participating private 
        school that the meaningful consultation required by this 
        section has occurred. The written affirmation shall provide the 
        option for private school officials or representatives to 
        indicate that timely and meaningful consultation has not 
        occurred or that the program design is not equitable with 
        respect to eligible private school children. If such officials 
        or representatives do not provide such affirmation within a 
        reasonable period of time, the local educational agency shall 
        forward the documentation that such consultation has, or 
        attempts at such consultation have, taken place to the State 
        educational agency.
            ``(6) Compliance.--
                    ``(A) In general.--A private school official shall 
                have the right to file a complaint with the State 
                educational agency that the local educational agency 
                did not engage in consultation that was meaningful and 
                timely, did not give due consideration to the views of 
                the private school official, or did not treat the 
                private school or its students equitably as required by 
                this section.
                    ``(B) Procedure.--If the private school official 
                wishes to file a complaint, the official shall provide 
                the basis of the noncompliance with this section by the 
                local educational agency to the State educational 
                agency, and the local educational agency shall forward 
                the appropriate documentation to the State educational 
                agency.
                    ``(C) State educational agencies.--A State 
                educational agency shall provide services under this 
                section directly or through contracts with public or 
                private agencies, organizations, and institutions, if--
                            ``(i) the appropriate private school 
                        officials or their representatives have--
                                    ``(I) requested that the State 
                                educational agency provide such 
                                services directly; and
                                    ``(II) demonstrated that the local 
                                educational agency involved has not met 
                                the requirements of this section; or
                            ``(ii) in a case in which--
                                    ``(I) a local educational agency 
                                has more than 10,000 children from low-
                                income families who attend private 
                                elementary schools or secondary schools 
                                in a participating school attendance 
                                area of the agency that are not being 
                                served by the agency's program under 
                                this section; or
                                    ``(II) 90 percent of the eligible 
                                private school students in a 
                                participating school attendance area of 
                                the agency are not being served by the 
                                agency's program under this section.
    ``(c) Allocation for Equitable Service to Private School 
Students.--
            ``(1) Calculation.--A local educational agency shall have 
        the final authority, consistent with this section, to calculate 
        the number of children, ages 5 through 17, who are from low-
        income families and attend private schools by--
                    ``(A) using the same measure of low income used to 
                count public school children;
                    ``(B) using the results of a survey that, to the 
                extent possible, protects the identity of families of 
                private school students, and allowing such survey 
                results to be extrapolated if complete actual data are 
                unavailable;
                    ``(C) applying the low-income percentage of each 
                participating public school attendance area, determined 
                pursuant to this section, to the number of private 
                school children who reside in that school attendance 
                area; or
                    ``(D) using an equated measure of low income 
                correlated with the measure of low income used to count 
                public school children.
            ``(2) Complaint process.--Any dispute regarding low-income 
        data for private school students shall be subject to the 
        complaint process authorized in section 5503.
    ``(d) Public Control of Funds.--
            ``(1) In general.--The control of funds provided under this 
        subpart, and title to materials, equipment, and property 
        purchased with such funds, shall be in a public agency, and a 
        public agency shall administer such funds, materials, 
        equipment, and property.
            ``(2) Provision of services.--
                    ``(A) Provider.--The provision of services under 
                this section shall be provided--
                            ``(i) by employees of a public agency; or
                            ``(ii) through a contract by such public 
                        agency with an individual, association, agency, 
                        or organization.
                    ``(B) Requirement.--In the provision of such 
                services, such employee, individual, association, 
                agency, or organization shall be independent of such 
                private school and of any religious organization, and 
                such employment or contract shall be under the control 
                and supervision of such public agency.
    ``(e) Standards for a Bypass.--If a local educational agency is 
prohibited by law from providing for the participation in programs on 
an equitable basis of eligible children enrolled in private elementary 
schools and secondary schools, or if the Secretary determines that a 
local educational agency has substantially failed or is unwilling to 
provide for such participation, as required by this section, the 
Secretary shall--
            ``(1) waive the requirements of this section for such local 
        educational agency;
            ``(2) arrange for the provision of services to such 
        children through arrangements that shall be subject to the 
        requirements of this section and sections 5503 and 5504; and
            ``(3) in making the determination under this subsection, 
        consider one or more factors, including the quality, size, 
        scope, and location of the program and the opportunity of 
        eligible children to participate.''.

SEC. 121. FISCAL REQUIREMENTS.

    Section 1120A (20 U.S.C. 6321) is amended--
            (1) by striking ``part'' each place it appears and 
        inserting ``subpart''; and
            (2) by striking subsection (a) and redesignating 
        subsections (b), (c), and (d) as subsections (a), (b), and (c), 
        respectively.

SEC. 122. COORDINATION REQUIREMENTS.

    Section 1120B (20 U.S.C. 6322) is amended--
            (1) by striking ``part'' each place it appears and 
        inserting ``subpart'';
            (2) in subsection (a), by striking ``such as the Early 
        Reading First program''; and
            (3) in subsection (b)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``, such as the Early Reading First 
                program,'';
                    (B) in paragraphs (1) through (3), by striking 
                ``such as the Early Reading First program'' each place 
                it appears;
                    (C) in paragraph (4), by striking ``Early Reading 
                First program staff,''; and
                    (D) in paragraph (5), by striking ``and entities 
                carrying out Early Reading First programs''.

SEC. 123. GRANTS FOR THE OUTLYING AREAS AND THE SECRETARY OF THE 
              INTERIOR.

    Section 1121 (20 U.S.C. 6331) is amended--
            (1) in subsection (a), by striking ``appropriated for 
        payments to States for any fiscal year under section 1002(a) 
        and 1125A(f)'' and inserting ``reserved for this chapter under 
        section 1122(a)''; and
            (2) in subsection (b)--
                    (A) in paragraph (2), by striking ``the No Child 
                Left Behind Act of 2001'' and inserting ``the Student 
                Success Act'';
                    (B) in paragraph (3)--
                            (i) in subparagraph (B), by striking 
                        ``basis,'' and all that follows through the 
                        period at the end and inserting ``basis.'';
                            (ii) in subparagraph (C)(ii), by striking 
                        ``challenging State academic content 
                        standards'' and inserting ``State academic 
                        standards''; and
                            (iii) by striking subparagraph (D); and
            (3) in subsection (d)(2), by striking ``part'' and 
        inserting ``subpart''.

SEC. 124. ALLOCATIONS TO STATES.

    Section 1122 (20 U.S.C. 6332) is amended--
            (1) by amending subsection (a) to read as follows:
    ``(a) Reservation.--
            ``(1) In general.--From the amounts appropriated under 
        section 3(a)(1), the Secretary shall reserve 91 percent of such 
        amounts to carry out this chapter.
            ``(2) Allocation formula.--Of the amount reserved under 
        paragraph (1) for each of fiscal years 2013 to 2018 (referred 
        to in this subsection as the current fiscal year)--
                    ``(A) an amount equal to the amount made available 
                to carry out section 1124 for fiscal year 2001 shall be 
                used to carry out section 1124;
                    ``(B) an amount equal to the amount made available 
                to carry out section 1124A for fiscal year 2001 shall 
                be used to carry out section 1124A; and
                    ``(C) an amount equal to 100 percent of the amount, 
                if any, by which the total amount made available to 
                carry out this chapter for the fiscal year for which 
                the determination is made exceeds the total amount 
                available to carry out sections 1124 and 1124A for 
                fiscal year 2001 shall be used to carry out section 
                1125 and 1125A and such amount shall be divided equally 
                between section 1125 and section 1125A.'';
            (2) in subsection (b)(1), by striking ``subpart'' and 
        inserting ``chapter'';
            (3) in subsection (c)(3), by striking ``part'' and 
        inserting ``subpart''; and
            (4) in subsection (d)(1), by striking ``subpart'' and 
        inserting ``chapter''.

SEC. 125. BASIC GRANTS TO LOCAL EDUCATIONAL AGENCIES.

    Section 1124 (20 U.S.C. 6333) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (3)--
                            (i) in subparagraph (B), by striking 
                        ``subpart'' and inserting ``chapter''; and
                            (ii) in subparagraph (C)(i), by striking 
                        ``subpart'' and inserting ``chapter''; and
                    (B) in paragraph (4)(C), by striking ``subpart'' 
                each place it appears and inserting ``chapter''; and
            (2) in subsection (c)--
                    (A) in paragraph (1)(B), by striking ``subpart 1 of 
                part D'' and inserting ``chapter A of subpart 3''; and
                    (B) in paragraph (2), by striking ``part'' and 
                inserting ``subpart''.

SEC. 126. ADEQUACY OF FUNDING OF TARGETED GRANTS TO LOCAL EDUCATIONAL 
              AGENCIES IN FISCAL YEARS AFTER FISCAL YEAR 2001.

    Section 1125AA (20 U.S.C. 6336) is amended to read as follows:

``SEC. 1125AA. ADEQUACY OF FUNDING OF TARGETED GRANTS TO LOCAL 
              EDUCATIONAL AGENCIES IN FISCAL YEARS AFTER FISCAL YEAR 
              2001.

    ``Pursuant to section 1122, the total amount allocated in any 
fiscal year after fiscal year 2001 for programs and activities under 
this subpart shall not exceed the amount allocated in fiscal year 2001 
for such programs and activities unless the amount available for 
targeted grants to local educational agencies under section 1125 in the 
applicable fiscal year meets the requirements of section 1122(a).''.

SEC. 127. EDUCATION FINANCE INCENTIVE GRANT PROGRAM.

    Section 1125A (20 U.S.C. 6337) is amended--
            (1) by striking ``part'' each place it appears and 
        inserting ``subpart'';
            (2) in subsection (b)(1)--
                    (A) in subparagraph (A), by striking ``appropriated 
                pursuant to subsection (f)'' and inserting ``made 
                available for any fiscal year to carry out this 
                section''; and
                    (B) in subparagraph (B)(i), by striking ``total 
                appropriations'' and inserting ``the total amount 
                reserved under section 1122(a) to carry out this 
                section''; and
            (3) by striking subsections (a), (e), and (f) and 
        redesignating subsections (b), (c), (d), and (g) as subsections 
        (a), (b), (c), and (d), respectively.

SEC. 128. CARRYOVER AND WAIVER.

    Section 1127 (20 U.S.C. 6339) is amended by striking ``subpart'' 
each place it appears and inserting ``chapter''.

       Subtitle C--Additional Aid to States and School Districts

SEC. 131. ADDITIONAL AID.

    (a) In General.--Title I (20 U.S.C. 6301 et seq.), as amended by 
the preceding provisions of this Act, is further amended--
            (1) by striking parts B through D and F through H; and
            (2) by inserting after subpart 1 of part A the following:

              ``Subpart 2--Education of Migratory Children

``SEC. 1131. PROGRAM PURPOSES.

    ``The purposes of this subpart are as follows:
            ``(1) To assist States in supporting high-quality and 
        comprehensive educational programs and services during the 
        school year, and as applicable, during summer or intercession 
        periods, that address the unique educational needs of migratory 
        children.
            ``(2) To ensure that migratory children who move among the 
        States, not be penalized in any manner by disparities among the 
        States in curriculum, graduation requirements, and State 
        academic standards.
            ``(3) To help such children succeed in school, meet the 
        State academic standards that all children are expected to 
        meet, and graduate from high school prepared for postsecondary 
        education and the workforce without the need for remediation.
            ``(4) To help such children overcome educational 
        disruption, cultural and language barriers, social isolation, 
        various health-related problems, and other factors that inhibit 
        the ability of such children to succeed in school.
            ``(5) To help such children benefit from State and local 
        systemic reforms.

``SEC. 1132. PROGRAM AUTHORIZED.

    ``(a) In General.--From the amounts appropriated under section 
3(a)(1), the Secretary shall reserve 2.4 percent to carry out this 
subpart.
    ``(b) Grants Awarded.--From the amounts reserved under subsection 
(a) and not reserved under section 1138(c), the Secretary shall make 
allotments for the fiscal year to State educational agencies, or 
consortia of such agencies, to establish or improve, directly or 
through local operating agencies, programs of education for migratory 
children in accordance with this subpart.

``SEC. 1133. STATE ALLOCATIONS.

    ``(a) State Allocations.--Except as provided in subsection (c), 
each State (other than the Commonwealth of Puerto Rico) is entitled to 
receive under this subpart an amount equal to the product of--
            ``(1) the sum of--
                    ``(A) the average number of identified eligible 
                full-time equivalent migratory children aged 3 through 
                21 residing in the State, based on data for the 
                preceding 3 years; and
                    ``(B) the number of identified eligible migratory 
                children, aged 3 through 21, who received services 
                under this subpart in summer or intersession programs 
                provided by the State during the previous year; 
                multiplied by
            ``(2) 40 percent of the average per-pupil expenditure in 
        the State, except that the amount determined under this 
        paragraph shall not be less than 32 percent, nor more than 48 
        percent, of the average per-pupil expenditure in the United 
        States.
    ``(b) Hold Harmless.--Notwithstanding subsection (a), for each of 
fiscal years 2013 through 2015, no State shall receive less than 90 
percent of the State's allocation under this section for the previous 
year.
    ``(c) Allocation to Puerto Rico.--For each fiscal year, the grant 
which the Commonwealth of Puerto Rico shall be eligible to receive 
under this subpart shall be the amount determined by multiplying the 
number of children who would be counted under subsection (a)(1) if such 
subsection applied to the Commonwealth of Puerto Rico by the product 
of--
            ``(1) the percentage that the average per-pupil expenditure 
        in the Commonwealth of Puerto Rico is of the lowest average 
        per-pupil expenditure of any of the 50 States, except that the 
        percentage calculated under this subparagraph shall not be less 
        than 85 percent; and
            ``(2) 32 percent of the average per-pupil expenditure in 
        the United States.
    ``(d) Ratable Reductions; Reallocations.--
            ``(1) In general.--
                    ``(A) Ratable reductions.--If, after the Secretary 
                reserves funds under section 1138(c), the amount 
                appropriated to carry out this subpart for any fiscal 
                year is insufficient to pay in full the amounts for 
                which all States are eligible, the Secretary shall 
                ratably reduce each such amount.
                    ``(B) Reallocation.--If additional funds become 
                available for making such payments for any fiscal year, 
                the Secretary shall allocate such funds to States in 
                amounts that the Secretary determines will best carry 
                out the purpose of this subpart.
            ``(2) Special rule.--
                    ``(A) Further reductions.--The Secretary shall 
                further reduce the amount of any grant to a State under 
                this subpart for any fiscal year if the Secretary 
                determines, based on available information on the 
                numbers and needs of migratory children in the State 
                and the program proposed by the State to address such 
                needs, that such amount exceeds the amount required 
                under section 1134.
                    ``(B) Reallocation.--The Secretary shall reallocate 
                such excess funds to other States whose grants under 
                this subpart would otherwise be insufficient to provide 
                an appropriate level of services to migratory children, 
                in such amounts as the Secretary determines are 
                appropriate.
    ``(e) Consortium Arrangements.--
            ``(1) In general.--In the case of a State that receives a 
        grant of $1,000,000 or less under this section, the Secretary 
        shall consult with the State educational agency to determine 
        whether consortium arrangements with another State or other 
        appropriate entity would result in delivery of services in a 
        more effective and efficient manner.
            ``(2) Proposals.--Any State, regardless of the amount of 
        such State's allocation, may submit a consortium arrangement to 
        the Secretary for approval.
            ``(3) Approval.--The Secretary shall approve a consortium 
        arrangement under paragraph (1) or (2) if the proposal 
        demonstrates that the arrangement will--
                    ``(A) reduce administrative costs or program 
                function costs for State programs; and
                    ``(B) make more funds available for direct services 
                to add substantially to the educational achievement of 
                children to be served under this subpart.
    ``(f) Determining Numbers of Eligible Children.--In order to 
determine the identified number of migratory children residing in each 
State for purposes of this section, the Secretary shall--
            ``(1) use the most recent information that most accurately 
        reflects the actual number of migratory children;
            ``(2) develop and implement a procedure for monitoring the 
        accuracy of such information;
            ``(3) develop and implement a procedure for more accurately 
        reflecting cost factors for different types of summer and 
        intersession program designs;
            ``(4) adjust the full-time equivalent number of migratory 
        children who reside in each State to take into account--
                    ``(A) the unique needs of those children 
                participating in evidence-based or other effective 
                special programs provided under this subpart that 
                operate during the summer and intersession periods; and
                    ``(B) the additional costs of operating such 
                programs; and
            ``(5) conduct an analysis of the options for adjusting the 
        formula so as to better direct services to migratory children, 
        including the most at-risk migratory children.
    ``(g) Nonparticipating States.--In the case of a State desiring to 
receive an allocation under this subpart for a fiscal year that did not 
receive an allocation for the previous fiscal year or that has been 
participating for less than 3 consecutive years, the Secretary shall 
calculate the State's number of identified migratory children aged 3 
through 21 for purposes of subsection (a)(1)(A) by using the most 
recent data available that identifies the migratory children residing 
in the State until data is available to calculate the 3-year average 
number of such children in accordance with such subsection.

``SEC. 1134. STATE APPLICATIONS; SERVICES.

    ``(a) Application Required.--Any State desiring to receive a grant 
under this subpart for any fiscal year shall submit an application to 
the Secretary at such time and in such manner as the Secretary may 
require.
    ``(b) Program Information.--Each such application shall include--
            ``(1) a description of how, in planning, implementing, and 
        evaluating programs and projects assisted under this subpart, 
        the State and its local operating agencies will ensure that the 
        unique educational needs of migratory children, including 
        preschool migratory children, are identified and addressed 
        through--
                    ``(A) the full range of services that are available 
                for migratory children from appropriate local, State, 
                and Federal educational programs;
                    ``(B) joint planning among local, State, and 
                Federal educational programs serving migratory 
                children, including language instruction educational 
                programs under chapter A of subpart 4; and
                    ``(C) the integration of services available under 
                this subpart with services provided by those other 
                programs;
            ``(2) a description of the steps the State is taking to 
        provide all migratory students with the opportunity to meet the 
        same State academic standards that all children are expected to 
        meet;
            ``(3) a description of how the State will use funds 
        received under this subpart to promote interstate and 
        intrastate coordination of services for migratory children, 
        including how the State will provide for educational continuity 
        through the timely transfer of pertinent school records, 
        including information on health, when children move from one 
        school to another, whether or not such a move occurs during the 
        regular school year;
            ``(4) a description of the State's priorities for the use 
        of funds received under this subpart, and how such priorities 
        relate to the State's assessment of needs for services in the 
        State;
            ``(5) a description of how the State will determine the 
        amount of any subgrants the State will award to local operating 
        agencies, taking into account the numbers and needs of 
        migratory children, the requirements of subsection (d), and the 
        availability of funds from other Federal, State, and local 
        programs; and
            ``(6) a description of how the State will encourage 
        programs and projects assisted under this subpart to offer 
        family literacy services if the programs and projects serve a 
        substantial number of migratory children whose parents do not 
        have a regular high school diploma or its recognized equivalent 
        or who have low levels of literacy.
    ``(c) Assurances.--Each such application shall also include 
assurances that--
            ``(1) funds received under this subpart will be used only--
                    ``(A) for programs and projects, including the 
                acquisition of equipment, in accordance with section 
                1136; and
                    ``(B) to coordinate such programs and projects with 
                similar programs and projects within the State and in 
                other States, as well as with other Federal programs 
                that can benefit migratory children and their families;
            ``(2) such programs and projects will be carried out in a 
        manner consistent with the objectives of section 1114, 
        subsections (b) and (d) of section 1115, subsections (b) and 
        (c) of section 1120A, and part C;
            ``(3) in the planning and operation of programs and 
        projects at both the State and local agency operating level, 
        there is consultation with parents of migratory children for 
        programs of not less than one school year in duration, and that 
        all such programs and projects are carried out--
                    ``(A) in a manner that provides for the same 
                parental involvement as is required for programs and 
                projects under section 1118, unless extraordinary 
                circumstances make such provision impractical; and
                    ``(B) in a format and language understandable to 
                the parents;
            ``(4) in planning and carrying out such programs and 
        projects, there has been, and will be, adequate provision for 
        addressing the unmet education needs of preschool migratory 
        children;
            ``(5) the effectiveness of such programs and projects will 
        be determined, where feasible, using the same approaches and 
        standards that will be used to assess the performance of 
        students, schools, and local educational agencies under subpart 
        1;
            ``(6) to the extent feasible, such programs and projects 
        will provide for--
                    ``(A) advocacy and outreach activities for 
                migratory children and their families, including 
                informing such children and families of, or helping 
                such children and families gain access to, other 
                education, health, nutrition, and social services;
                    ``(B) professional development programs, including 
                mentoring, for teachers and other program personnel;
                    ``(C) high-quality, evidence-based family literacy 
                programs;
                    ``(D) the integration of information technology 
                into educational and related programs; and
                    ``(E) programs to facilitate the transition of 
                secondary school students to postsecondary education or 
                employment without the need for remediation; and
            ``(7) the State will assist the Secretary in determining 
        the number of migratory children under paragraph (1) of section 
        1133(a).
    ``(d) Priority for Services.--In providing services with funds 
received under this subpart, each recipient of such funds shall give 
priority to migratory children who are failing, or most at risk of 
failing, to meet the State's academic standards under section 1111 
(b)(1) .
    ``(e) Continuation of Services.--Notwithstanding any other 
provision of this subpart--
            ``(1) a child who ceases to be a migratory child during a 
        school term shall be eligible for services until the end of 
        such term;
            ``(2) a child who is no longer a migratory child may 
        continue to receive services for one additional school year, 
        but only if comparable services are not available through other 
        programs; and
            ``(3) secondary school students who were eligible for 
        services in secondary school may continue to be served through 
        credit accrual programs until graduation.

``SEC. 1135. SECRETARIAL APPROVAL; PEER REVIEW.

    ``The Secretary shall approve each State application that meets the 
requirements of this subpart, and may review any such application using 
a peer review process.

``SEC. 1136. COMPREHENSIVE NEEDS ASSESSMENT AND SERVICE-DELIVERY PLAN; 
              AUTHORIZED ACTIVITIES.

    ``(a) Comprehensive Plan.--
            ``(1) In general.--Each State that receives assistance 
        under this subpart shall ensure that the State and its local 
        operating agencies identify and address the unique educational 
        needs of migratory children in accordance with a comprehensive 
        State plan that--
                    ``(A) is integrated with other programs under this 
                Act or other Acts, as appropriate;
                    ``(B) may be submitted as a part of a consolidated 
                application under section 5302, if--
                            ``(i) the unique needs of migratory 
                        children are specifically addressed in the 
                        comprehensive State plan;
                            ``(ii) the comprehensive State plan is 
                        developed in collaboration with parents of 
                        migratory children; and
                            ``(iii) the comprehensive State plan is not 
                        used to supplant State efforts regarding, or 
                        administrative funding for, this subpart;
                    ``(C) provides that migratory children will have an 
                opportunity to meet the same State academic standards 
                under section 1111(b)(1) that all children are expected 
                to meet;
                    ``(D) specifies measurable program goals and 
                outcomes;
                    ``(E) encompasses the full range of services that 
                are available for migratory children from appropriate 
                local, State, and Federal educational programs;
                    ``(F) is the product of joint planning among such 
                local, State, and Federal programs, including programs 
                under subpart 1, early childhood programs, and language 
                instruction educational programs under chapter A of 
                subpart 4; and
                    ``(G) provides for the integration of services 
                available under this subpart with services provided by 
                such other programs.
            ``(2) Duration of the plan.--Each such comprehensive State 
        plan shall--
                    ``(A) remain in effect for the duration of the 
                State's participation under this subpart; and
                    ``(B) be periodically reviewed and revised by the 
                State, as necessary, to reflect changes in the State's 
                strategies and programs under this subpart.
    ``(b) Authorized Activities.--
            ``(1) Flexibility.--In implementing the comprehensive plan 
        described in subsection (a), each State educational agency, 
        where applicable through its local educational agencies, shall 
        have the flexibility to determine the activities to be provided 
        with funds made available under this subpart, except that such 
        funds first shall be used to meet the identified needs of 
        migratory children that result from their migratory lifestyle, 
        and to permit these children to participate effectively in 
        school.
            ``(2) Unaddressed needs.--Funds provided under this subpart 
        shall be used to address the needs of migratory children that 
        are not addressed by services available from other Federal or 
        non-Federal programs, except that migratory children who are 
        eligible to receive services under subpart 1 may receive those 
        services through funds provided under that subpart, or through 
        funds under this subpart that remain after the agency addresses 
        the needs described in paragraph (1).
            ``(3) Construction.--Nothing in this subpart shall be 
        construed to prohibit a local educational agency from serving 
        migratory children simultaneously with students with similar 
        educational needs in the same educational settings, where 
        appropriate.

``SEC. 1137. BYPASS.

    ``The Secretary may use all or part of any State's allocation under 
this subpart to make arrangements with any public or private agency to 
carry out the purpose of this subpart in such State if the Secretary 
determines that--
            ``(1) the State is unable or unwilling to conduct 
        educational programs for migratory children;
            ``(2) such arrangements would result in more efficient and 
        economic administration of such programs; or
            ``(3) such arrangements would add substantially to the 
        educational achievement of such children.

``SEC. 1138. COORDINATION OF MIGRATORY EDUCATION ACTIVITIES.

    ``(a) Improvement of Coordination.--
            ``(1) In general.--The Secretary, in consultation with the 
        States, may make grants to, or enter into contracts with, State 
        educational agencies, local educational agencies, institutions 
        of higher education, and other public and private entities to 
        improve the interstate and intrastate coordination among such 
        agencies' educational programs, including through the 
        establishment or improvement of programs for credit accrual and 
        exchange, available to migratory students.
            ``(2) Duration.--Grants or contracts under this subsection 
        may be awarded for not more than 5 years.
    ``(b) Student Records.--
            ``(1) Assistance.--The Secretary shall assist States in 
        developing and maintaining an effective system for the 
        electronic transfer of student records and in determining the 
        number of migratory children in each State.
            ``(2) Information system.--
                    ``(A) In general.--The Secretary, in consultation 
                with the States, shall ensure the linkage of migratory 
                student record systems for the purpose of 
                electronically exchanging, among the States, health and 
                educational information regarding all migratory 
                students. The Secretary shall ensure such linkage 
                occurs in a cost-effective manner, utilizing systems 
                used by the States prior to, or developed after, the 
                date of enactment of this Act. The Secretary shall 
                determine the minimum data elements that each State 
                receiving funds under this subpart shall collect and 
                maintain. Such minimum data elements may include--
                            ``(i) immunization records and other health 
                        information;
                            ``(ii) elementary and secondary academic 
                        history (including partial credit), credit 
                        accrual, and results from State assessments 
                        required under section 1111(b)(2);
                            ``(iii) other academic information 
                        essential to ensuring that migratory children 
                        achieve to the States's academic standards; and
                            ``(iv) eligibility for services under the 
                        Individuals with Disabilities Education Act.
                    ``(B) The Secretary shall consult with States 
                before updating the data elements that each State 
                receiving funds under this subpart shall be required to 
                collect for purposes of electronic transfer of 
                migratory student information and the requirements that 
                States shall meet for immediate electronic access to 
                such information.
            ``(3) No cost for certain transfers.--A State educational 
        agency or local educational agency receiving assistance under 
        this subpart shall make student records available to another 
        State educational agency or local educational agency that 
        requests the records at no cost to the requesting agency, if 
        the request is made in order to meet the needs of a migratory 
        child.
            ``(4) Report to congress.--
                    ``(A) In general.--Not later than April 30, 2013, 
                the Secretary shall report to the Committee on Health, 
                Education, Labor, and Pensions of the Senate and the 
                Committee on Education and the Workforce of the House 
                of Representatives the Secretary's findings and 
                recommendations regarding the maintenance and transfer 
                of health and educational information for migratory 
                students by the States.
                    ``(B) Required contents.--The Secretary shall 
                include in such report--
                            ``(i) a review of the progress of States in 
                        developing and linking electronic records 
                        transfer systems;
                            ``(ii) recommendations for maintaining such 
                        systems; and
                            ``(iii) recommendations for improving the 
                        continuity of services provided for migratory 
                        students.
    ``(c) Availability of Funds.--The Secretary shall reserve not more 
than $10,000,000 of the amount reserved under section 1132 to carry out 
this section for each fiscal year.
    ``(d) Data Collection.--The Secretary shall direct the National 
Center for Education Statistics to collect data on migratory children.

``SEC. 1139. DEFINITIONS.

    ``As used in this subpart:
            ``(1) Local operating agency.--The term `local operating 
        agency' means--
                    ``(A) a local educational agency to which a State 
                educational agency makes a subgrant under this subpart;
                    ``(B) a public or private agency with which a State 
                educational agency or the Secretary makes an 
                arrangement to carry out a project under this subpart; 
                or
                    ``(C) a State educational agency, if the State 
                educational agency operates the State's migratory 
                education program or projects directly.
            ``(2) Migratory child.--The term `migratory child' means a 
        child who is, or whose parent or spouse is, a migratory 
        agricultural worker, including a migratory dairy worker, or a 
        migratory fisher, and who, in the preceding 36 months, in order 
        to obtain, or accompany such parent or spouse, in order to 
        obtain, temporary or seasonal employment in agricultural or 
        fishing work--
                    ``(A) has moved from one school district to 
                another;
                    ``(B) in a State that is comprised of a single 
                school district, has moved from one administrative area 
                to another within such district; or
                    ``(C) resides in a school district of more than 
                15,000 square miles, and migrates a distance of 20 
                miles or more to a temporary residence to engage in a 
                fishing activity.

  ``Subpart 3--Prevention and Intervention Programs for Children and 
            Youth Who Are Neglected, Delinquent, or At-Risk

``SEC. 1141. PURPOSE AND PROGRAM AUTHORIZATION.

    ``(a) Purpose.--It is the purpose of this subpart--
            ``(1) to improve educational services for children and 
        youth in local and State institutions for neglected or 
        delinquent children and youth so that such children and youth 
        have the opportunity to meet the same State academic standards 
        that all children in the State are expected to meet;
            ``(2) to provide such children and youth with the services 
        needed to make a successful transition from 
        institutionalization to further schooling or employment; and
            ``(3) to prevent at-risk youth from dropping out of school, 
        and to provide dropouts, and children and youth returning from 
        correctional facilities or institutions for neglected or 
        delinquent children and youth, with a support system to ensure 
        their continued education.
    ``(b) Program Authorized.--From amounts appropriated under section 
3(a)(1), the Secretary shall reserve 0.3 of one percent to carry out 
this subpart.
    ``(c) Grants Awarded.--From the amounts reserved under subsection 
(b) and not reserved under section 1004 and section 1159, the Secretary 
shall make grants to State educational agencies that have plans 
submitted under section 1154 approved to enable such agencies to award 
subgrants to State agencies and local educational agencies to establish 
or improve programs of education for neglected, delinquent, or at-risk 
children and youth.

``SEC. 1142. PAYMENTS FOR PROGRAMS UNDER THIS SUBPART.

    ``(a) Agency Subgrants.--Based on the allocation amount computed 
under section 1152, the Secretary shall allocate to each State 
educational agency an amount necessary to make subgrants to State 
agencies under chapter A.
    ``(b) Local Subgrants.--Each State shall retain, for the purpose of 
carrying out chapter B, funds generated throughout the State under 
subpart 1 of this part based on children and youth residing in local 
correctional facilities, or attending community day programs for 
delinquent children and youth.

                   ``CHAPTER A--STATE AGENCY PROGRAMS

``SEC. 1151. ELIGIBILITY.

    ``A State agency is eligible for assistance under this chapter if 
such State agency is responsible for providing free public education 
for children and youth--
            ``(1) in institutions for neglected or delinquent children 
        and youth;
            ``(2) attending community day programs for neglected or 
        delinquent children and youth; or
            ``(3) in adult correctional institutions.

``SEC. 1152. ALLOCATION OF FUNDS.

    ``(a) Subgrants to State Agencies.--
            ``(1) In general.--Each State agency described in section 
        1151 (other than an agency in the Commonwealth of Puerto Rico) 
        is eligible to receive a subgrant under this chapter, for each 
        fiscal year, in an amount equal to the product of--
                    ``(A) the number of neglected or delinquent 
                children and youth described in section 1151 who--
                            ``(i) are enrolled for at least 15 hours 
                        per week in education programs in adult 
                        correctional institutions; and
                            ``(ii) are enrolled for at least 20 hours 
                        per week--
                                    ``(I) in education programs in 
                                institutions for neglected or 
                                delinquent children and youth; or
                                    ``(II) in community day programs 
                                for neglected or delinquent children 
                                and youth; and
                    ``(B) 40 percent of the average per-pupil 
                expenditure in the State, except that the amount 
                determined under this subparagraph shall not be less 
                than 32 percent, nor more than 48 percent, of the 
                average per-pupil expenditure in the United States.
            ``(2) Special rule.--The number of neglected or delinquent 
        children and youth determined under paragraph (1) shall--
                    ``(A) be determined by the State agency by a 
                deadline set by the Secretary, except that no State 
                agency shall be required to determine the number of 
                such children and youth on a specific date set by the 
                Secretary; and
                    ``(B) be adjusted, as the Secretary determines is 
                appropriate, to reflect the relative length of such 
                agency's annual programs.
    ``(b) Subgrants to State Agencies in Puerto Rico.--
            ``(1) In general.--For each fiscal year, the amount of the 
        subgrant which a State agency in the Commonwealth of Puerto 
        Rico shall be eligible to receive under this chapter shall be 
        the amount determined by multiplying the number of children 
        counted under subsection (a)(1)(A) for the Commonwealth of 
        Puerto Rico by the product of--
                    ``(A) the percentage which the average per-pupil 
                expenditure in the Commonwealth of Puerto Rico is of 
                the lowest average per-pupil expenditure of any of the 
                50 States; and
                    ``(B) 32 percent of the average per-pupil 
                expenditure in the United States.
            ``(2) Minimum percentage.--The percentage in paragraph 
        (1)(A) shall not be less than 85 percent.
    ``(c) Ratable Reductions in Case of Insufficient Appropriations.--
If the amount reserved for any fiscal year for subgrants under 
subsections (a) and (b) is insufficient to pay the full amount for 
which all State agencies are eligible under such subsections, the 
Secretary shall ratably reduce each such amount.

``SEC. 1153. STATE REALLOCATION OF FUNDS.

    ``If a State educational agency determines that a State agency does 
not need the full amount of the subgrant for which such State agency is 
eligible under this chapter for any fiscal year, the State educational 
agency may reallocate the amount that will not be needed to other 
eligible State agencies that need additional funds to carry out the 
purpose of this chapter, in such amounts as the State educational 
agency shall determine.

``SEC. 1154. STATE PLAN AND STATE AGENCY APPLICATIONS.

    ``(a) State Plan.--
            ``(1) In general.--Each State educational agency that 
        desires to receive a grant under this chapter shall submit, for 
        approval by the Secretary, a plan--
                    ``(A) for meeting the educational needs of 
                neglected, delinquent, and at-risk children and youth;
                    ``(B) for assisting in the transition of children 
                and youth from correctional facilities to locally 
                operated programs; and
                    ``(C) that is integrated with other programs under 
                this Act or other Acts, as appropriate.
            ``(2) Contents.--Each such State plan shall--
                    ``(A) describe how the State will assess the 
                effectiveness of the program in improving the academic, 
                career, and technical skills of children in the 
                program;
                    ``(B) provide that, to the extent feasible, such 
                children will have the same opportunities to achieve as 
                such children would have if such children were in the 
                schools of local educational agencies in the State;
                    ``(C) describe how the State will place a priority 
                for such children to obtain a regular high school 
                diploma, to the extent feasible; and
                    ``(D) contain an assurance that the State 
                educational agency will--
                            ``(i) ensure that programs assisted under 
                        this chapter will be carried out in accordance 
                        with the State plan described in this 
                        subsection;
                            ``(ii) carry out the evaluation 
                        requirements of section 1171; and
                            ``(iii) ensure that the State agencies 
                        receiving subgrants under this chapter comply 
                        with all applicable statutory and regulatory 
                        requirements.
            ``(3) Duration of the plan.--Each such State plan shall--
                    ``(A) remain in effect for the duration of the 
                State's participation under this chapter; and
                    ``(B) be periodically reviewed and revised by the 
                State, as necessary, to reflect changes in the State's 
                strategies and programs under this chapter.
    ``(b) Secretarial Approval and Peer Review.--
            ``(1) Secretarial approval.--The Secretary shall approve 
        each State plan that meets the requirements of this chapter.
            ``(2) Peer review.--The Secretary may review any State plan 
        with the assistance and advice of individuals with relevant 
        expertise.
    ``(c) State Agency Applications.--Any State agency that desires to 
receive funds to carry out a program under this chapter shall submit an 
application to the State educational agency that--
            ``(1) describes the procedures to be used, consistent with 
        the State plan under section 1111, to assess the educational 
        needs of the children to be served under this chapter;
            ``(2) provide an assurance that in making services 
        available to children and youth in adult correctional 
        institutions, priority will be given to such children and youth 
        who are likely to complete incarceration within a 2-year 
        period;
            ``(3) describes the program, including a budget for the 
        first year of the program, with annual updates to be provided 
        to the State educational agency;
            ``(4) describes how the program will meet the goals and 
        objectives of the State plan;
            ``(5) describes how the State agency will consult with 
        experts and provide the necessary training for appropriate 
        staff, to ensure that the planning and operation of 
        institution-wide projects under section 1156 are of high 
        quality;
            ``(6) describes how the programs will be coordinated with 
        other appropriate State and Federal programs, such as programs 
        under title I of Public Law 105-220, career and technical 
        education programs, State and local dropout prevention 
        programs, and special education programs;
            ``(7) describes how the State agency will encourage 
        correctional facilities receiving funds under this chapter to 
        coordinate with local educational agencies or alternative 
        education programs attended by incarcerated children and youth 
        prior to and after their incarceration to ensure that student 
        assessments and appropriate academic records are shared jointly 
        between the correctional facility and the local educational 
        agency or alternative education program;
            ``(8) describes how appropriate professional development 
        will be provided to teachers and other staff;
            ``(9) designates an individual in each affected 
        correctional facility or institution for neglected or 
        delinquent children and youth to be responsible for issues 
        relating to the transition of such children and youth from such 
        facility or institution to locally operated programs;
            ``(10) describes how the State agency will endeavor to 
        coordinate with businesses for training and mentoring for 
        participating children and youth;
            ``(11) provides an assurance that the State agency will 
        assist in locating alternative programs through which students 
        can continue their education if the students are not returning 
        to school after leaving the correctional facility or 
        institution for neglected or delinquent children and youth;
            ``(12) provides assurances that the State agency will work 
        with parents to secure parents' assistance in improving the 
        educational achievement of their children and youth, and 
        preventing their children's and youth's further involvement in 
        delinquent activities;
            ``(13) provides an assurance that the State agency will 
        work with children and youth with disabilities in order to meet 
        an existing individualized education program and an assurance 
        that the agency will notify the child's or youth's local school 
        if the child or youth--
                    ``(A) is identified as in need of special education 
                services while the child or youth is in the 
                correctional facility or institution for neglected or 
                delinquent children and youth; and
                    ``(B) intends to return to the local school;
            ``(14) provides an assurance that the State agency will 
        work with children and youth who dropped out of school before 
        entering the correctional facility or institution for neglected 
        or delinquent children and youth to encourage the children and 
        youth to reenter school and obtain a regular high school 
        diploma once the term of the incarceration is completed, or 
        provide the child or youth with the skills necessary to gain 
        employment, continue the education of the child or youth, or 
        obtain a regular high school diploma or its recognized 
        equivalent if the child or youth does not intend to return to 
        school;
            ``(15) provides an assurance that effective teachers and 
        other qualified staff are trained to work with children and 
        youth with disabilities and other students with special needs 
        taking into consideration the unique needs of such students;
            ``(16) describes any additional services to be provided to 
        children and youth, such as career counseling, distance 
        education, and assistance in securing student loans and grants; 
        and
            ``(17) provides an assurance that the program under this 
        chapter will be coordinated with any programs operated under 
        the Juvenile Justice and Delinquency Prevention Act of 1974 (42 
        U.S.C. 5601 et seq.) or other comparable programs, if 
        applicable.

``SEC. 1155. USE OF FUNDS.

    ``(a) Uses.--
            ``(1) In general.--A State agency shall use funds received 
        under this chapter only for programs and projects that--
                    ``(A) are consistent with the State plan under 
                section 1154(a); and
                    ``(B) concentrate on providing participants with 
                the knowledge and skills needed to make a successful 
                transition to secondary school completion, career or 
                technical training, further education, or employment 
                without the need for remediation.
            ``(2) Programs and projects.--Such programs and projects--
                    ``(A) may include the acquisition of equipment;
                    ``(B) shall be designed to support educational 
                services that--
                            ``(i) except for institution-wide projects 
                        under section 1156, are provided to children 
                        and youth identified by the State agency as 
                        failing, or most at-risk of failing, to meet 
                        the State's academic standards; and
                            ``(ii) supplement and improve the quality 
                        of the educational services provided to such 
                        children and youth by the State agency; and
                            ``(iii) afford such children and youth an 
                        opportunity to meet State academic standards; 
                        and
                    ``(C) shall be carried out in a manner consistent 
                with section 1120A and part C (as applied to programs 
                and projects under this chapter).
    ``(b) Supplement, Not Supplant.--A program under this chapter that 
supplements the number of hours of instruction students receive from 
State and local sources shall be considered to comply with the 
supplement, not supplant the requirement of section 1120A (as applied 
to this chapter) without regard to the subject areas in which 
instruction is given during those hours.

``SEC. 1156. INSTITUTION-WIDE PROJECTS.

    ``A State agency that provides free public education for children 
and youth in an institution for neglected or delinquent children and 
youth (other than an adult correctional institution) or attending a 
community day program for such children and youth may use funds 
received under this chapter to serve all children in, and upgrade the 
entire educational effort of, that institution or program if the State 
agency has developed, and the State educational agency has approved, a 
comprehensive plan for that institution or program that--
            ``(1) provides for a comprehensive assessment of the 
        educational needs of all children and youth in the institution 
        or program serving juveniles;
            ``(2) provides for a comprehensive assessment of the 
        educational needs of youth aged 20 and younger in adult 
        facilities who are expected to complete incarceration within a 
        2-year period;
            ``(3) describes the steps the State agency has taken, or 
        will take, to provide all children and youth under age 21 with 
        the opportunity to meet State academic standards in order to 
        improve the likelihood that the children and youth will 
        complete secondary school, obtain a regular high school diploma 
        or its recognized equivalent, or find employment after leaving 
        the institution;
            ``(4) describes the instructional program, specialized 
        instructional support services, and procedures that will be 
        used to meet the needs described in paragraph (1), including, 
        to the extent feasible, the provision of mentors for the 
        children and youth described in paragraph (1);
            ``(5) specifically describes how such funds will be used;
            ``(6) describes the measures and procedures that will be 
        used to assess and improve student achievement;
            ``(7) describes how the agency has planned, and will 
        implement and evaluate, the institution-wide or program-wide 
        project in consultation with personnel providing direct 
        instructional services and support services in institutions or 
        community day programs for neglected or delinquent children and 
        youth, and with personnel from the State educational agency; 
        and
            ``(8) includes an assurance that the State agency has 
        provided for appropriate training for teachers and other 
        instructional and administrative personnel to enable such 
        teachers and personnel to carry out the project effectively.

``SEC. 1157. THREE-YEAR PROGRAMS OR PROJECTS.

    ``If a State agency operates a program or project under this 
chapter in which individual children or youth are likely to participate 
for more than one year, the State educational agency may approve the 
State agency's application for a subgrant under this chapter for a 
period of not more than 3 years.

``SEC. 1158. TRANSITION SERVICES.

    ``(a) Transition Services.--Each State agency shall reserve not 
less than 15 percent and not more than 30 percent of the amount such 
agency receives under this chapter for any fiscal year to support--
            ``(1) projects that facilitate the transition of children 
        and youth from State-operated institutions to schools served by 
        local educational agencies; or
            ``(2) the successful re-entry of youth offenders, who are 
        age 20 or younger and have received a regular high school 
        diploma or its recognized equivalent, into postsecondary 
        education, or career and technical training programs, through 
        strategies designed to expose the youth to, and prepare the 
        youth for, postsecondary education, or career and technical 
        training programs, such as--
                    ``(A) preplacement programs that allow adjudicated 
                or incarcerated youth to audit or attend courses on 
                college, university, or community college campuses, or 
                through programs provided in institutional settings;
                    ``(B) worksite schools, in which institutions of 
                higher education and private or public employers 
                partner to create programs to help students make a 
                successful transition to postsecondary education and 
                employment; and
                    ``(C) essential support services to ensure the 
                success of the youth, such as--
                            ``(i) personal, career and technical, and 
                        academic counseling;
                            ``(ii) placement services designed to place 
                        the youth in a university, college, or junior 
                        college program;
                            ``(iii) information concerning, and 
                        assistance in obtaining, available student 
                        financial aid;
                            ``(iv) counseling services; and
                            ``(v) job placement services.
    ``(b) Conduct of Projects.--A project supported under this section 
may be conducted directly by the State agency, or through a contract or 
other arrangement with one or more local educational agencies, other 
public agencies, or private organizations.
    ``(c) Rule of Construction.--Nothing in this section shall be 
construed to prohibit a school that receives funds under subsection (a) 
from serving neglected and delinquent children and youth simultaneously 
with students with similar educational needs, in the same educational 
settings where appropriate.

``SEC. 1159. TECHNICAL ASSISTANCE.

    ``The Secretary shall reserve not more than 1 percent of the amount 
reserved under section 1141 to provide technical assistance to and 
support State agency programs assisted under this chapter.

                   ``CHAPTER B--LOCAL AGENCY PROGRAMS

``SEC. 1161. PURPOSE.

    ``The purpose of this chapter is to support the operation of local 
educational agency programs that involve collaboration with locally 
operated correctional facilities--
            ``(1) to carry out high quality education programs to 
        prepare children and youth for secondary school completion, 
        training, employment, or further education;
            ``(2) to provide activities to facilitate the transition of 
        such children and youth from the correctional program to 
        further education or employment; and
            ``(3) to operate programs in local schools for children and 
        youth returning from correctional facilities, and programs 
        which may serve at-risk children and youth.

``SEC. 1162. PROGRAMS OPERATED BY LOCAL EDUCATIONAL AGENCIES.

    ``(a) Local Subgrants.--With funds made available under section 
1142(b), the State educational agency shall award subgrants to local 
educational agencies with high numbers or percentages of children and 
youth residing in locally operated (including county operated) 
correctional facilities for children and youth (including facilities 
involved in community day programs).
    ``(b) Special Rule.--A local educational agency that serves a 
school operated by a correctional facility is not required to operate a 
program of support for children and youth returning from such school to 
a school that is not operated by a correctional agency but served by 
such local educational agency, if more than 30 percent of the children 
and youth attending the school operated by the correctional facility 
will reside outside the boundaries served by the local educational 
agency after leaving such facility.
    ``(c) Notification.--A State educational agency shall notify local 
educational agencies within the State of the eligibility of such 
agencies to receive a subgrant under this chapter.
    ``(d) Transitional and Academic Services.--Transitional and 
supportive programs operated in local educational agencies under this 
chapter shall be designed primarily to meet the transitional and 
academic needs of students returning to local educational agencies or 
alternative education programs from correctional facilities. Services 
to students at-risk of dropping out of school shall not have a negative 
impact on meeting the transitional and academic needs of the students 
returning from correctional facilities.

``SEC. 1163. LOCAL EDUCATIONAL AGENCY APPLICATIONS.

    ``Each local educational agency desiring assistance under this 
chapter shall submit an application to the State educational agency 
that contains such information as the State educational agency may 
require. Each such application shall include--
            ``(1) a description of the program to be assisted;
            ``(2) a description of formal agreements, regarding the 
        program to be assisted, between--
                    ``(A) the local educational agency; and
                    ``(B) correctional facilities and alternative 
                school programs serving children and youth involved 
                with the juvenile justice system;
            ``(3) as appropriate, a description of how participating 
        schools will coordinate with facilities working with delinquent 
        children and youth to ensure that such children and youth are 
        participating in an education program comparable to one 
        operating in the local school such youth would attend;
            ``(4) a description of the program operated by 
        participating schools for children and youth returning from 
        correctional facilities and, as appropriate, the types of 
        services that such schools will provide such children and youth 
        and other at-risk children and youth;
            ``(5) a description of the characteristics (including 
        learning difficulties, substance abuse problems, and other 
        needs) of the children and youth who will be returning from 
        correctional facilities and, as appropriate, other at-risk 
        children and youth expected to be served by the program, and a 
        description of how the school will coordinate existing 
        educational programs to meet the unique educational needs of 
        such children and youth;
            ``(6) as appropriate, a description of how schools will 
        coordinate with existing social, health, and other services to 
        meet the needs of students returning from correctional 
        facilities and at-risk children or youth, including prenatal 
        health care and nutrition services related to the health of the 
        parent and the child or youth, parenting and child development 
        classes, child care, targeted reentry and outreach programs, 
        referrals to community resources, and scheduling flexibility;
            ``(7) as appropriate, a description of any partnerships 
        with local businesses to develop training, curriculum-based 
        youth entrepreneurship education, and mentoring services for 
        participating students;
            ``(8) as appropriate, a description of how the program will 
        involve parents in efforts to improve the educational 
        achievement of their children, assist in dropout prevention 
        activities, and prevent the involvement of their children in 
        delinquent activities;
            ``(9) a description of how the program under this chapter 
        will be coordinated with other Federal, State, and local 
        programs, such as programs under title I of Public Law 105-220 
        and career and technical education programs serving at-risk 
        children and youth;
            ``(10) a description of how the program will be coordinated 
        with programs operated under the Juvenile Justice and 
        Delinquency Prevention Act of 1974 and other comparable 
        programs, if applicable;
            ``(11) as appropriate, a description of how schools will 
        work with probation officers to assist in meeting the needs of 
        children and youth returning from correctional facilities;
            ``(12) a description of the efforts participating schools 
        will make to ensure correctional facilities working with 
        children and youth are aware of a child's or youth's existing 
        individualized education program; and
            ``(13) as appropriate, a description of the steps 
        participating schools will take to find alternative placements 
        for children and youth interested in continuing their education 
        but unable to participate in a traditional public school 
        program.

``SEC. 1164. USES OF FUNDS.

    ``Funds provided to local educational agencies under this chapter 
may be used, as appropriate, for--
            ``(1) programs that serve children and youth returning to 
        local schools from correctional facilities, to assist in the 
        transition of such children and youth to the school environment 
        and help them remain in school in order to complete their 
        education;
            ``(2) dropout prevention programs which serve at-risk 
        children and youth;
            ``(3) the coordination of health and social services for 
        such individuals if there is a likelihood that the provision of 
        such services, including day care, drug and alcohol counseling, 
        and mental health services, will improve the likelihood such 
        individuals will complete their education;
            ``(4) special programs to meet the unique academic needs of 
        participating children and youth, including career and 
        technical education, special education, career counseling, 
        curriculum-based youth entrepreneurship education, and 
        assistance in securing student loans or grants for 
        postsecondary education; and
            ``(5) programs providing mentoring and peer mediation.

``SEC. 1165. PROGRAM REQUIREMENTS FOR CORRECTIONAL FACILITIES RECEIVING 
              FUNDS UNDER THIS SECTION.

    ``Each correctional facility entering into an agreement with a 
local educational agency under section 1163(2) to provide services to 
children and youth under this chapter shall--
            ``(1) where feasible, ensure that educational programs in 
        the correctional facility are coordinated with the student's 
        home school, particularly with respect to a student with an 
        individualized education program under part B of the 
        Individuals with Disabilities Education Act;
            ``(2) if the child or youth is identified as in need of 
        special education services while in the correctional facility, 
        notify the local school of the child or youth of such need;
            ``(3) where feasible, provide transition assistance to help 
        the child or youth stay in school, including coordination of 
        services for the family, counseling, assistance in accessing 
        drug and alcohol abuse prevention programs, tutoring, and 
        family counseling;
            ``(4) provide support programs that encourage children and 
        youth who have dropped out of school to re-enter school and 
        obtain a regular high school diploma once their term at the 
        correctional facility has been completed, or provide such 
        children and youth with the skills necessary to gain employment 
        or seek a regular high school diploma or its recognized 
        equivalent;
            ``(5) work to ensure that the correctional facility is 
        staffed with effective teachers and other qualified staff who 
        are trained to work with children and youth with disabilities 
        taking into consideration the unique needs of such children and 
        youth;
            ``(6) ensure that educational programs in the correctional 
        facility are related to assisting students to meet the States's 
        academic standards;
            ``(7) to the extent possible, use technology to assist in 
        coordinating educational programs between the correctional 
        facility and the community school;
            ``(8) where feasible, involve parents in efforts to improve 
        the educational achievement of their children and prevent the 
        further involvement of such children in delinquent activities;
            ``(9) coordinate funds received under this chapter with 
        other local, State, and Federal funds available to provide 
        services to participating children and youth, such as funds 
        made available under title I of Public Law 105-220, and career 
        and technical education funds;
            ``(10) coordinate programs operated under this chapter with 
        activities funded under the Juvenile Justice and Delinquency 
        Prevention Act of 1974 and other comparable programs, if 
        applicable;
            ``(11) if appropriate, work with local businesses to 
        develop training, curriculum-based youth entrepreneurship 
        education, and mentoring programs for children and youth; and
            ``(12) consult with the local educational agency for a 
        period jointly determined necessary by the correctional 
        facility and local educational agency upon discharge from that 
        facility to coordinate educational services so as to minimize 
        disruption to the child's or youth's achievement.

``SEC. 1166. ACCOUNTABILITY.

    ``The State educational agency--
            ``(1) may require correctional facilities or institutions 
        for neglected or delinquent children and youth to demonstrate, 
        after receiving assistance under this chapter for 3 years, that 
        there has been an increase in the number of children and youth 
        returning to school, obtaining a regular high school diploma or 
        its recognized equivalent, or obtaining employment after such 
        children and youth are released; and
            ``(2) may reduce or terminate funding for projects under 
        this chapter if a local educational agency does not show 
        progress in the number of children and youth obtaining a 
        regular high school diploma or its recognized equivalent.

                    ``CHAPTER C--GENERAL PROVISIONS

``SEC. 1171. PROGRAM EVALUATIONS.

    ``(a) Scope of Evaluation.--Each State agency or local educational 
agency that conducts a program under chapters A or B shall evaluate the 
program, disaggregating data on participation by gender, race, 
ethnicity, and age, not less than once every 3 years, to determine the 
program's impact on the ability of participants--
            ``(1) to maintain and improve educational achievement;
            ``(2) to accrue school credits that meet State requirements 
        for grade promotion and high school graduation;
            ``(3) to make the transition to a regular program or other 
        education program operated by a local educational agency;
            ``(4) to complete high school (or high school equivalency 
        requirements) and obtain employment after leaving the 
        correctional facility or institution for neglected or 
        delinquent children and youth; and
            ``(5) as appropriate, to participate in postsecondary 
        education and job training programs.
    ``(b) Exception.--The disaggregation required under subsection (a) 
shall not be required in a case in which the number of students in a 
category is insufficient to yield statistically reliable information or 
the results would reveal personally identifiable information about an 
individual student.
    ``(c) Evaluation Measures.--In conducting each evaluation under 
subsection (a), a State agency or local educational agency shall use 
multiple and appropriate measures of student progress.
    ``(d) Evaluation Results.--Each State agency and local educational 
agency shall--
            ``(1) submit evaluation results to the State educational 
        agency and the Secretary; and
            ``(2) use the results of evaluations under this section to 
        plan and improve subsequent programs for participating children 
        and youth.

``SEC. 1172. DEFINITIONS.

    ``In this subpart:
            ``(1) Adult correctional institution.--The term `adult 
        correctional institution' means a facility in which persons 
        (including persons under 21 years of age) are confined as a 
        result of a conviction for a criminal offense.
            ``(2) At-risk.--The term `at-risk', when used with respect 
        to a child, youth, or student, means a school-aged individual 
        who
                    ``(A) is at-risk of academic failure; and
                    ``(B) has a drug or alcohol problem, is pregnant or 
                is a parent, has come into contact with the juvenile 
                justice system in the past, is at least 1 year behind 
                the expected grade level for the age of the individual, 
                is an English learner, is a gang member, has dropped 
                out of school in the past, or has a high absenteeism 
                rate at school.
            ``(3) Community day program.--The term `community day 
        program' means a regular program of instruction provided by a 
        State agency at a community day school operated specifically 
        for neglected or delinquent children and youth.
            ``(4) Institution for neglected or delinquent children and 
        youth.--The term `institution for neglected or delinquent 
        children and youth' means--
                    ``(A) a public or private residential facility, 
                other than a foster home, that is operated for the care 
                of children who have been committed to the institution 
                or voluntarily placed in the institution under 
                applicable State law, due to abandonment, neglect, or 
                death of their parents or guardians; or
                    ``(B) a public or private residential facility for 
                the care of children who have been adjudicated to be 
                delinquent or in need of supervision.

 ``Subpart 4--English Language Acquisition, Language Enhancement, and 
                          Academic Achievement

``SEC. 1181. PURPOSES.

    ``The purposes of this subpart are--
            ``(1) to help ensure that English learners, including 
        immigrant children and youth, attain English proficiency and 
        develop high levels of academic achievement in English;
            ``(2) to assist all English learners, including immigrant 
        children and youth, to achieve at high levels in the core 
        academic subjects so that those children can meet the same 
        State academic standards that all children are expected to 
        meet, consistent with section 1111(b)(1);
            ``(3) to assist State educational agencies, local 
        educational agencies, and schools in establishing, 
        implementing, and sustaining high-quality, flexible, evidence-
        based language instruction educational programs designed to 
        assist in teaching English learners, including immigrant 
        children and youth;
            ``(4) to assist State educational agencies and local 
        educational agencies to develop and enhance their capacity to 
        provide high-quality, evidence-based instructional programs 
        designed to prepare English learners, including immigrant 
        children and youth, to enter all-English instruction settings; 
        and
            ``(5) to promote parental and community participation in 
        language instruction educational programs for the parents and 
        communities of English learners.

``CHAPTER A--GRANTS AND SUBGRANTS FOR ENGLISH LANGUAGE ACQUISITION AND 
                          LANGUAGE ENHANCEMENT

``SEC. 1191. FORMULA GRANTS TO STATES.

    ``(a) In General.--In the case of each State educational agency 
having a plan approved by the Secretary for a fiscal year under section 
1192, the Secretary shall reserve 4.4 percent of funds appropriated 
under section 3(a)(1) to make a grant for the year to the agency for 
the purposes specified in subsection (b). The grant shall consist of 
the allotment determined for the State educational agency under 
subsection (c).
    ``(b) Use of Funds.--
            ``(1) Subgrants to eligible entities.--The Secretary may 
        make a grant under subsection (a) only if the State educational 
        agency involved agrees to expend at least 95 percent of the 
        State educational agency's allotment under subsection (c) for a 
        fiscal year--
                    ``(A) to award subgrants, from allocations under 
                section 1193, to eligible entities to carry out the 
                activities described in section 1194 (other than 
                subsection (e)); and
                    ``(B) to award subgrants under section 1193(d)(1) 
                to eligible entities that are described in that section 
                to carry out the activities described in section 
                1194(e).
            ``(2) State activities.--Subject to paragraph (3), each 
        State educational agency receiving a grant under subsection (a) 
        may reserve not more than 5 percent of the agency's allotment 
        under subsection (c) to carry out the following activities:
                    ``(A) Professional development activities, and 
                other activities, which may include assisting personnel 
                in--
                            ``(i) meeting State and local certification 
                        and licensing requirements for teaching English 
                        learners; and
                            ``(ii) improving teacher skills in meeting 
                        the diverse needs of English learners, 
                        including in how to implement evidence-based 
                        programs and curricula on teaching English 
                        learners.
                    ``(B) Planning, evaluation, administration, and 
                interagency coordination related to the subgrants 
                referred to in paragraph (1).
                    ``(C) Providing technical assistance and other 
                forms of assistance to eligible entities that are 
                receiving subgrants from a State educational agency 
                under this chapter, including assistance in--
                            ``(i) identifying and implementing 
                        evidence-based language instruction educational 
                        programs and curricula for teaching English 
                        learners;
                            ``(ii) helping English learners meet the 
                        same State academic standards that all children 
                        are expected to meet;
                            ``(iii) identifying or developing, and 
                        implementing, measures of English proficiency; 
                        and
                            ``(iv) strengthening and increasing parent, 
                        family, and community engagement.
                    ``(D) Providing recognition, which may include 
                providing financial awards, to subgrantees that have 
                significantly improved the achievement and progress of 
                English learners in--
                            ``(i) reaching English language 
                        proficiency, based on the State's English 
                        language proficiency assessment under section 
                        1111(b)(2)(D); and
                            ``(ii) meeting the State academic standards 
                        under section 1111(b)(1).
            ``(3) Administrative expenses.--From the amount reserved 
        under paragraph (2), a State educational agency may use not 
        more than 40 percent of such amount or $175,000, whichever is 
        greater, for the planning and administrative costs of carrying 
        out paragraphs (1) and (2).
    ``(c) Reservations and Allotments.--
            ``(1) Reservations.--From the amount reserved under section 
        1191(a) for each fiscal year, the Secretary shall reserve--
                    ``(A) 0.5 percent of such amount for payments to 
                outlying areas, to be allotted in accordance with their 
                respective needs for assistance under this chapter, as 
                determined by the Secretary, for activities, approved 
                by the Secretary, consistent with this chapter; and
                    ``(B) 6.5 percent of such amount for national 
                activities under sections 1211 and 1222, except that 
                not more than $2,000,000 of such amount may be reserved 
                for the National Clearinghouse for English Language 
                Acquisition and Language Instruction Educational 
                Programs described in section 1222.
            ``(2) State allotments.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), from the amount reserved under 
                section 1191(a) for each fiscal year that remains after 
                making the reservations under paragraph (1), the 
                Secretary shall allot to each State educational agency 
                having a plan approved under section 1192(c)--
                            ``(i) an amount that bears the same 
                        relationship to 80 percent of the remainder as 
                        the number of English learners in the State 
                        bears to the number of such children in all 
                        States, as determined by data available from 
                        the American Community Survey conducted by the 
                        Department of Commerce or State-reported data; 
                        and
                            ``(ii) an amount that bears the same 
                        relationship to 20 percent of the remainder as 
                        the number of immigrant children and youth in 
                        the State bears to the number of such children 
                        and youth in all States, as determined based 
                        only on data available from the American 
                        Community Survey conducted by the Department of 
                        Commerce.
                    ``(B) Minimum allotments.--No State educational 
                agency shall receive an allotment under this paragraph 
                that is less than $500,000.
                    ``(C) Reallotment.--If any State educational agency 
                described in subparagraph (A) does not submit a plan to 
                the Secretary for a fiscal year, or submits a plan (or 
                any amendment to a plan) that the Secretary, after 
                reasonable notice and opportunity for a hearing, 
                determines does not satisfy the requirements of this 
                chapter, the Secretary shall reallot any portion of 
                such allotment to the remaining State educational 
                agencies in accordance with subparagraph (A).
                    ``(D) Special rule for puerto rico.--The total 
                amount allotted to Puerto Rico for any fiscal year 
                under subparagraph (A) shall not exceed 0.5 percent of 
                the total amount allotted to all States for that fiscal 
                year.
            ``(3) Use of data for determinations.--In making State 
        allotments under paragraph (2) for each fiscal year, the 
        Secretary shall determine the number of English learners in a 
        State and in all States, using the most accurate, up-to-date 
        data, which shall be--
                    ``(A) data from the American Community Survey 
                conducted by the Department of Commerce, which may be 
                multiyear estimates;
                    ``(B) the number of students being assessed for 
                English language proficiency, based on the State's 
                English language proficiency assessment under section 
                1111(b)(2)(D), which may be multiyear estimates; or
                    ``(C) a combination of data available under 
                subparagraphs (A) and (B).

``SEC. 1192. STATE EDUCATIONAL AGENCY PLANS.

    ``(a) Plan Required.--Each State educational agency desiring a 
grant under this chapter shall submit a plan to the Secretary at such 
time and in such manner as the Secretary may require.
    ``(b) Contents.--Each plan submitted under subsection (a) shall--
            ``(1) describe the process that the agency will use in 
        awarding subgrants to eligible entities under section 
        1193(d)(1);
            ``(2) provide an assurance that--
                    ``(A) the agency will ensure that eligible entities 
                receiving a subgrant under this chapter comply with the 
                requirement in section 1111(b)(2)(B)(x) to annually 
                assess in English learners who have been in the United 
                States for 3 or more consecutive years;
                    ``(B) the agency will ensure that eligible entities 
                receiving a subgrant under this chapter annually assess 
                the English proficiency of all English learners 
                participating in a program funded under this chapter, 
                consistent with section 1111(b)(2)(D);
                    ``(C) in awarding subgrants under section 1193, the 
                agency will address the needs of school systems of all 
                sizes and in all geographic areas, including school 
                systems with rural and urban schools;
                    ``(D) subgrants to eligible entities under section 
                1193(d)(1) will be of sufficient size and scope to 
                allow such entities to carry out high-quality, 
                evidence-based language instruction educational 
                programs for English learners;
                    ``(E) the agency will require an eligible entity 
                receiving a subgrant under this chapter to use the 
                subgrant in ways that will build such recipient's 
                capacity to continue to offer high-quality evidence-
                based language instruction educational programs that 
                assist English learners in meeting State academic 
                standards;
                    ``(F) the agency will monitor the eligible entity 
                receiving a subgrant under this chapter for compliance 
                with applicable Federal fiscal requirements; and
                    ``(G) the plan has been developed in consultation 
                with local educational agencies, teachers, 
                administrators of programs implemented under this 
                chapter, parents, and other relevant stakeholders;
            ``(3) describe how the agency will coordinate its programs 
        and activities under this chapter with other programs and 
        activities under this Act and other Acts, as appropriate;
            ``(4) describe how eligible entities in the State will be 
        given the flexibility to teach English learners--
                    ``(A) using a high-quality, evidence-based language 
                instruction curriculum for teaching English learners; 
                and
                    ``(B) in the manner the eligible entities determine 
                to be the most effective; and
            ``(5) describe how the agency will assist eligible entities 
        in increasing the number of English learners who acquire 
        English proficiency.
    ``(c) Approval.--The Secretary, after using a peer review process, 
shall approve a plan submitted under subsection (a) if the plan meets 
the requirements of this section.
    ``(d) Duration of Plan.--
            ``(1) In general.--Each plan submitted by a State 
        educational agency and approved under subsection (c) shall--
                    ``(A) remain in effect for the duration of the 
                agency's participation under this chapter; and
                    ``(B) be periodically reviewed and revised by the 
                agency, as necessary, to reflect changes to the 
                agency's strategies and programs carried out under this 
                subpart.
            ``(2) Additional information.--
                    ``(A) Amendments.--If the State educational agency 
                amends the plan, the agency shall submit such amendment 
                to the Secretary.
                    ``(B) Approval.--The Secretary shall approve such 
                amendment to an approved plan, unless the Secretary 
                determines that the amendment will result in the agency 
                not meeting the requirements, or fulfilling the 
                purposes, of this subpart.
    ``(e) Consolidated Plan.--A plan submitted under subsection (a) may 
be submitted as part of a consolidated plan under section 5302.
    ``(f) Secretary Assistance.--The Secretary shall provide technical 
assistance, if requested, in the development of English proficiency 
standards and assessments.

``SEC. 1193. WITHIN-STATE ALLOCATIONS.

    ``(a) In General.--After making the reservation required under 
subsection (d)(1), each State educational agency receiving a grant 
under section 1191(c)(2) shall award subgrants for a fiscal year by 
allocating in a timely manner to each eligible entity in the State 
having a plan approved under section 1195 an amount that bears the same 
relationship to the amount received under the grant and remaining after 
making such reservation as the population of English learners in 
schools served by the eligible entity bears to the population of 
English learners in schools served by all eligible entities in the 
State.
    ``(b) Limitation.--A State educational agency shall not award a 
subgrant from an allocation made under subsection (a) if the amount of 
such subgrant would be less than $10,000.
    ``(c) Reallocation.--Whenever a State educational agency determines 
that an amount from an allocation made to an eligible entity under 
subsection (a) for a fiscal year will not be used by the entity for the 
purpose for which the allocation was made, the agency shall, in 
accordance with such rules as it determines to be appropriate, 
reallocate such amount, consistent with such subsection, to other 
eligible entities in the State that the agency determines will use the 
amount to carry out that purpose.
    ``(d) Required Reservation.--A State educational agency receiving a 
grant under this chapter for a fiscal year--
            ``(1) shall reserve not more than 15 percent of the 
        agency's allotment under section 1191(c)(2) to award subgrants 
        to eligible entities in the State that have experienced a 
        significant increase, as compared to the average of the 2 
        preceding fiscal years, in the percentage or number of 
        immigrant children and youth, who have enrolled, during the 
        fiscal year preceding the fiscal year for which the subgrant is 
        made, in public and nonpublic elementary schools and secondary 
        schools in the geographic areas under the jurisdiction of, or 
        served by, such entities; and
            ``(2) in awarding subgrants under paragraph (1)--
                    ``(A) shall equally consider eligible entities that 
                satisfy the requirement of such paragraph but have 
                limited or no experience in serving immigrant children 
                and youth; and
                    ``(B) shall consider the quality of each local plan 
                under section 1195 and ensure that each subgrant is of 
                sufficient size and scope to meet the purposes of this 
                subpart.

``SEC. 1194. SUBGRANTS TO ELIGIBLE ENTITIES.

    ``(a) Purposes of Subgrants.--A State educational agency may make a 
subgrant to an eligible entity from funds received by the agency under 
this chapter only if the entity agrees to expend the funds to improve 
the education of English learners, by assisting the children to learn 
English and meet State academic standards. In carrying out activities 
with such funds, the eligible entity shall use evidence-based 
approaches and methodologies for teaching English learners and 
immigrant children and youth for the following purposes:
            ``(1) Developing and implementing new language instruction 
        educational programs and academic content instruction programs 
        for English learners and immigrant children and youth, 
        including programs of early childhood education, elementary 
        school programs, and secondary school programs.
            ``(2) Carrying out highly focused, innovative, locally 
        designed, evidence-based activities to expand or enhance 
        existing language instruction educational programs and academic 
        content instruction programs for English learners and immigrant 
        children and youth.
            ``(3) Implementing, within an individual school, schoolwide 
        programs for restructuring, reforming, and upgrading all 
        relevant programs, activities, and operations relating to 
        language instruction educational programs and academic content 
        instruction for English learners and immigrant children and 
        youth.
            ``(4) Implementing, within the entire jurisdiction of a 
        local educational agency, agencywide programs for 
        restructuring, reforming, and upgrading all relevant programs, 
        activities, and operations relating to language instruction 
        educational programs and academic content instruction for 
        English learners and immigrant children and youth.
    ``(b) Administrative Expenses.--Each eligible entity receiving 
funds under section 1193(a) for a fiscal year shall use not more than 2 
percent of such funds for the cost of administering this chapter.
    ``(c) Required Subgrantee Activities.--An eligible entity receiving 
funds under section 1193(a) shall use the funds--
            ``(1) to increase the English language proficiency of 
        English learners by providing high-quality, evidence-based 
        language instruction educational programs that meet the needs 
        of English learners and have demonstrated success in 
        increasing--
                    ``(A) English language proficiency; and
                    ``(B) student academic achievement in the core 
                academic subjects;
            ``(2) to provide high-quality, evidence-based professional 
        development to classroom teachers (including teachers in 
        classroom settings that are not the settings of language 
        instruction educational programs), school leaders, 
        administrators, and other school or community-based 
        organization personnel, that is--
                    ``(A) designed to improve the instruction and 
                assessment of English learners;
                    ``(B) designed to enhance the ability of teachers 
                and school leaders to understand and implement 
                curricula, assessment practices and measures, and 
                instruction strategies for English learners;
                    ``(C) evidence-based in increasing children's 
                English language proficiency or substantially 
                increasing the subject matter knowledge, teaching 
                knowledge, and teaching skills of teachers; and
                    ``(D) of sufficient intensity and duration (which 
                shall not include activities such as one-day or short-
                term workshops and conferences) to have a positive and 
                lasting impact on the teachers' performance in the 
                classroom, except that this subparagraph shall not 
                apply to an activity that is one component of a long-
                term, comprehensive professional development plan 
                established by a teacher and the teacher's supervisor 
                based on an assessment of the needs of the teacher, the 
                supervisor, the students of the teacher, and any local 
                educational agency employing the teacher, as 
                appropriate; and
            ``(3) to provide and implement other evidence-based 
        activities and strategies that enhance or supplement language 
        instruction educational programs for English learners, 
        including parental and community engagement activities and 
        strategies that serve to coordinate and align related programs.
    ``(d) Authorized Subgrantee Activities.--Subject to subsection (c), 
an eligible entity receiving funds under section 1193(a) may use the 
funds to achieve one of the purposes described in subsection (a) by 
undertaking one or more of the following activities:
            ``(1) Upgrading program objectives and effective 
        instruction strategies.
            ``(2) Improving the instruction program for English 
        learners by identifying, acquiring, and upgrading curricula, 
        instruction materials, educational software, and assessment 
        procedures.
            ``(3) Providing to English learners--
                    ``(A) tutorials and academic or career education 
                for English learners; and
                    ``(B) intensified instruction.
            ``(4) Developing and implementing elementary school or 
        secondary school language instruction educational programs that 
        are coordinated with other relevant programs and services.
            ``(5) Improving the English language proficiency and 
        academic achievement of English learners.
            ``(6) Providing community participation programs, family 
        literacy services, and parent outreach and training activities 
        to English learners and their families--
                    ``(A) to improve the English language skills of 
                English learners; and
                    ``(B) to assist parents in helping their children 
                to improve their academic achievement and becoming 
                active participants in the education of their children.
            ``(7) Improving the instruction of English learners by 
        providing for--
                    ``(A) the acquisition or development of educational 
                technology or instructional materials;
                    ``(B) access to, and participation in, electronic 
                networks for materials, training, and communication; 
                and
                    ``(C) incorporation of the resources described in 
                subparagraphs (A) and (B) into curricula and programs, 
                such as those funded under this chapter.
            ``(8) Carrying out other activities that are consistent 
        with the purposes of this section.
    ``(e) Activities by Agencies Experiencing Substantial Increases in 
Immigrant Children and Youth.--
            ``(1) In general.--An eligible entity receiving funds under 
        section 1193(d)(1) shall use the funds to pay for activities 
        that provide enhanced instructional opportunities for immigrant 
        children and youth, which may include--
                    ``(A) family literacy, parent outreach, and 
                training activities designed to assist parents to 
                become active participants in the education of their 
                children;
                    ``(B) support for personnel, including 
                paraprofessionals who have been specifically trained, 
                or are being trained, to provide services to immigrant 
                children and youth;
                    ``(C) provision of tutorials, mentoring, and 
                academic or career counseling for immigrant children 
                and youth;
                    ``(D) identification, development, and acquisition 
                of curricular materials, educational software, and 
                technologies to be used in the program carried out with 
                awarded funds;
                    ``(E) basic instruction services that are directly 
                attributable to the presence in the local educational 
                agency involved of immigrant children and youth, 
                including the payment of costs of providing additional 
                classroom supplies, costs of transportation, or such 
                other costs as are directly attributable to such 
                additional basic instruction services;
                    ``(F) other instruction services that are designed 
                to assist immigrant children and youth to achieve in 
                elementary schools and secondary schools in the United 
                States, such as programs of introduction to the 
                educational system and civics education; and
                    ``(G) activities, coordinated with community-based 
                organizations, institutions of higher education, 
                private sector entities, or other entities with 
                expertise in working with immigrants, to assist parents 
                of immigrant children and youth by offering 
                comprehensive community services.
            ``(2) Duration of subgrants.--The duration of a subgrant 
        made by a State educational agency under section 1193(d)(1) 
        shall be determined by the agency in its discretion.
    ``(f) Selection of Method of Instruction.--
            ``(1) In general.--To receive a subgrant from a State 
        educational agency under this chapter, an eligible entity shall 
        select one or more methods or forms of instruction to be used 
        in the programs and activities undertaken by the entity to 
        assist English learners to attain English language proficiency 
        and meet State academic standards.
            ``(2) Consistency.--Such selection shall be consistent with 
        sections 1204 through 1206.
    ``(g) Supplement, Not Supplant.--Federal funds made available under 
this chapter shall be used so as to supplement the level of Federal, 
State, and local public funds that, in the absence of such 
availability, would have been expended for programs for English 
learners and immigrant children and youth and in no case to supplant 
such Federal, State, and local public funds.

``SEC. 1195. LOCAL PLANS.

    ``(a) Plan Required.--Each eligible entity desiring a subgrant from 
the State educational agency under section 1193 shall submit a plan to 
the State educational agency at such time, in such manner, and 
containing such information as the State educational agency may 
require.
    ``(b) Contents.--Each plan submitted under subsection (a) shall--
            ``(1) describe the evidence-based programs and activities 
        proposed to be developed, implemented, and administered under 
        the subgrant that will help English learners increase their 
        English language proficiency and meet the State academic 
        standards;
            ``(2) describe how the eligible entity will hold elementary 
        schools and secondary schools receiving funds under this 
        chapter accountable for annually assessing the English language 
        proficiency of all children participating under this subpart, 
        consistent with section 1111(b);
            ``(3) describe how the eligible entity will promote parent 
        and community engagement in the education of English learners;
            ``(4) contain an assurance that the eligible entity 
        consulted with teachers, researchers, school administrators, 
        parents and community members, public or private organizations, 
        and institutions of higher education, in developing and 
        implementing such plan;
            ``(5) describe how language instruction educational 
        programs carried out under the subgrant will ensure that 
        English learners being served by the programs develop English 
        language proficiency; and
            ``(6) contain assurances that--
                    ``(A) each local educational agency that is 
                included in the eligible entity is complying with 
                section 1112(g) prior to, and throughout, each school 
                year; and
                    ``(B) the eligible entity is not in violation of 
                any State law, including State constitutional law, 
                regarding the education of English learners, consistent 
                with sections 1205 and 1206.
    ``(c) Teacher English Fluency.--Each eligible entity receiving a 
subgrant under section 1193 shall include in its plan a certification 
that all teachers in any language instruction educational program for 
English learners that is, or will be, funded under this subpart are 
fluent in English and any other language used for instruction, 
including having written and oral communications skills.

                      ``CHAPTER B--ADMINISTRATION

``SEC. 1201. REPORTING.

    ``(a) In General.--Each eligible entity that receives a subgrant 
from a State educational agency under chapter A shall provide such 
agency, at the conclusion of every second fiscal year during which the 
subgrant is received, with a report, in a form prescribed by the 
agency, on the activities conducted and students served under this 
subpart that includes--
            ``(1) a description of the programs and activities 
        conducted by the entity with funds received under chapter A 
        during the two immediately preceding fiscal years, including 
        how such programs and activities supplemented programs funded 
        primarily with State or local funds;
            ``(2) a description of the progress made by English 
        learners in learning the English language and in meeting State 
        academic standards;
            ``(3) the number and percentage of English learners in the 
        programs and activities attaining English language proficiency 
        based on the State English language proficiency standards 
        established under section 1111(b)(1)(E) by the end of each 
        school year, as determined by the State's English language 
        proficiency assessment under section 1111(b)(2)(D);
            ``(4) the number of English learners who exit the language 
        instruction educational programs based on their attainment of 
        English language proficiency and transitioned to classrooms not 
        tailored for English learners;
            ``(5) a description of the progress made by English 
        learners in meeting the State academic standards for each of 
        the 2 years after such children are no longer receiving 
        services under this subpart;
            ``(6) the number and percentage of English learners who 
        have not attained English language proficiency within five 
        years of initial classification as an English learner and first 
        enrollment in the local educational agency; and
            ``(7) any such other information as the State educational 
        agency may require.
    ``(b) Use of Report.--A report provided by an eligible entity under 
subsection (a) shall be used by the entity and the State educational 
agency--
            ``(1) to determine the effectiveness of programs and 
        activities in assisting children who are English learners--
                    ``(A) to attain English language proficiency; and
                    ``(B) to make progress in meeting State academic 
                standards under section 1111(b)(1); and
            ``(2) upon determining the effectiveness of programs and 
        activities based on the criteria in paragraph (1), to decide 
        how to improve programs.

``SEC. 1202. ANNUAL REPORT.

    ``(a) States.--Based upon the reports provided to a State 
educational agency under section 1201, each such agency that receives a 
grant under this subpart shall prepare and submit annually to the 
Secretary a report on programs and activities carried out by the State 
educational agency under this subpart and the effectiveness of such 
programs and activities in improving the education provided to English 
learners.
    ``(b) Secretary.--Annually, the Secretary shall prepare and submit 
to the Committee on Education and the Workforce of the House of 
Representatives and the Committee on Health, Education, Labor, and 
Pensions of the Senate a report--
            ``(1) on programs and activities carried out to serve 
        English learners under this subpart, and the effectiveness of 
        such programs and activities in improving the academic 
        achievement and English language proficiency of English 
        learners;
            ``(2) on the types of language instruction educational 
        programs used by local educational agencies or eligible 
        entities receiving funding under this subpart to teach English 
        learners;
            ``(3) containing a critical synthesis of data reported by 
        eligible entities to States under section 1201(a);
            ``(4) containing a description of technical assistance and 
        other assistance provided by State educational agencies under 
        section 1191(b)(2)(C);
            ``(5) containing an estimate of the number of effective 
        teachers working in language instruction educational programs 
        and educating English learners, and an estimate of the number 
        of such teachers that will be needed for the succeeding 5 
        fiscal years;
            ``(6) containing the number of programs or activities, if 
        any, that were terminated because the entities carrying out the 
        programs or activities were not able to reach program goals;
            ``(7) containing the number of English learners served by 
        eligible entities receiving funding under this subpart who were 
        transitioned out of language instruction educational programs 
        funded under this subpart into classrooms where instruction is 
        not tailored for English learners; and
            ``(8) containing other information gathered from other 
        reports submitted to the Secretary under this subpart when 
        applicable.

``SEC. 1203. COORDINATION WITH RELATED PROGRAMS.

    ``In order to maximize Federal efforts aimed at serving the 
educational needs of English learners, the Secretary shall coordinate 
and ensure close cooperation with other entities carrying out programs 
serving language-minority and English learners that are administered by 
the Department and other agencies.

``SEC. 1204. RULES OF CONSTRUCTION.

    ``Nothing in this subpart shall be construed--
            ``(1) to prohibit a local educational agency from serving 
        English learners simultaneously with children with similar 
        educational needs, in the same educational settings where 
        appropriate;
            ``(2) to require a State or a local educational agency to 
        establish, continue, or eliminate any particular type of 
        instructional program for English learners; or
            ``(3) to limit the preservation or use of Native American 
        languages.

``SEC. 1205. LEGAL AUTHORITY UNDER STATE LAW.

    ``Nothing in this subpart shall be construed to negate or supersede 
State law, or the legal authority under State law of any State agency, 
State entity, or State public official, over programs that are under 
the jurisdiction of the State agency, entity, or official.

``SEC. 1206. CIVIL RIGHTS.

    ``Nothing in this subpart shall be construed in a manner 
inconsistent with any Federal law guaranteeing a civil right.

``SEC. 1207. PROHIBITION.

    ``In carrying out this subpart, the Secretary shall neither mandate 
nor preclude the use of a particular curricular or pedagogical approach 
to educating English learners.

``SEC. 1208. PROGRAMS FOR NATIVE AMERICANS AND PUERTO RICO.

    ``Notwithstanding any other provision of this subpart, programs 
authorized under this subpart that serve Native American (including 
Native American Pacific Islander) children and children in the 
Commonwealth of Puerto Rico may include programs of instruction, 
teacher training, curriculum development, evaluation, and assessment 
designed for Native American children learning and studying Native 
American languages and children of limited Spanish proficiency, except 
that an outcome of programs serving such children shall be increased 
English proficiency among such children.

                    ``CHAPTER C--NATIONAL ACTIVITIES

``SEC. 1211. NATIONAL PROFESSIONAL DEVELOPMENT PROJECT.

    ``The Secretary shall use funds made available under section 
1191(c)(1)(B) to award grants on a competitive basis, for a period of 
not more than 5 years, to institutions of higher education or public or 
private organizations with relevant experience and capacity (in 
consortia with State educational agencies or local educational 
agencies) to provide for professional development activities that will 
improve classroom instruction for English learners and assist 
educational personnel working with such children to meet high 
professional standards, including standards for certification and 
licensure as teachers who work in language instruction educational 
programs or serve English learners. Grants awarded under this 
subsection may be used--
            ``(1) for preservice, evidence-based professional 
        development programs that will assist local schools and 
        institutions of higher education to upgrade the qualifications 
        and skills of educational personnel who are not certified or 
        licensed, especially educational paraprofessionals;
            ``(2) for the development of curricula or other 
        instructional strategies appropriate to the needs of the 
        consortia participants involved;
            ``(3) to support strategies that strengthen and increase 
        parent and community member engagement in the education of 
        English learners; and
            ``(4) to share and disseminate evidence-based practices in 
        the instruction of English learners and in increasing their 
        student achievement.

                    ``CHAPTER D--GENERAL PROVISIONS

``SEC. 1221. DEFINITIONS.

    ``Except as otherwise provided, in this subpart:
            ``(1) Child.--The term `child' means any individual aged 3 
        through 21.
            ``(2) Community-based organization.--The term `community-
        based organization' means a private nonprofit organization of 
        demonstrated effectiveness, Indian tribe, or tribally 
        sanctioned educational authority, that is representative of a 
        community or significant segments of a community and that 
        provides educational or related services to individuals in the 
        community. Such term includes a Native Hawaiian or Native 
        American Pacific Islander native language educational 
        organization.
            ``(3) Eligible entity.--The term `eligible entity' means--
                    ``(A) one or more local educational agencies; or
                    ``(B) one or more local educational agencies, in 
                consortia (or collaboration) with an institution of 
                higher education, community-based organization, or 
                State educational agency.
            ``(4) Immigrant children and youth.--The term `immigrant 
        children and youth' means individuals who--
                    ``(A) are age 3 through 21;
                    ``(B) were not born in any State; and
                    ``(C) have not been attending one or more schools 
                in any one or more States for more than 3 full academic 
                years.
            ``(5) Indian tribe.--The term `Indian tribe' means any 
        Indian tribe, band, nation, or other organized group or 
        community, including any Native village or Regional Corporation 
        or Village Corporation as defined in or established pursuant to 
        the Alaska Native Claims Settlement Act, that is recognized as 
        eligible for the special programs and services provided by the 
        United States to Indians because of their status as Indians.
            ``(6) Language instruction educational program.--The term 
        `language instruction educational program' means an instruction 
        course--
                    ``(A) in which an English learner is placed for the 
                purpose of developing and attaining English language 
                proficiency, while meeting State academic standards, as 
                required by section 1111(b)(1); and
                    ``(B) that may make instructional use of both 
                English and a child's native language to enable the 
                child to develop and attain English language 
                proficiency, and may include the participation of 
                English language proficient children if such course is 
                designed to enable all participating children to become 
                proficient in English and a second language.
            ``(7) Native american and native american language.--The 
        terms `Native American' and `Native American language' shall 
        have the meanings given such terms in section 103 of the Native 
        American Languages Act.
            ``(8) Native language.--The term `native language', when 
        used with reference to English learner, means--
                    ``(A) the language normally used by such 
                individual; or
                    ``(B) in the case of a child or youth, the language 
                normally used by the parents of the child or youth.
            ``(9) Paraprofessional.--The term `paraprofessional' means 
        an individual who is employed in a preschool, elementary 
        school, or secondary school under the supervision of a 
        certified or licensed teacher, including individuals employed 
        in language instruction educational programs, special 
        education, and migratory education.
            ``(10) State.--The term `State' means each of the 50 
        States, the District of Columbia, and the Commonwealth of 
        Puerto Rico.

``SEC. 1222. NATIONAL CLEARINGHOUSE.

    ``The Secretary shall establish and support the operation of a 
National Clearinghouse for English Language Acquisition and Language 
Instruction Educational Programs, which shall collect, analyze, 
synthesize, and disseminate information about language instruction 
educational programs for English learners, and related programs. The 
National Clearinghouse shall--
            ``(1) be administered as an adjunct clearinghouse of the 
        Educational Resources Information Center Clearinghouses system 
        supported by the Institute of Education Sciences;
            ``(2) coordinate activities with Federal data and 
        information clearinghouses and entities operating Federal 
        dissemination networks and systems;
            ``(3) develop a system for improving the operation and 
        effectiveness of federally funded language instruction 
        educational programs; and
            ``(4) collect and disseminate information on--
                    ``(A) educational research and processes related to 
                the education of English learners; and
                    ``(B) accountability systems that monitor the 
                academic progress of English learners in language 
                instruction educational programs, including information 
                on academic content and English language proficiency 
                assessments for language instruction educational 
                programs; and
            ``(5) publish, on an annual basis, a list of grant 
        recipients under this subpart.

``SEC. 1223. REGULATIONS.

    ``In developing regulations under this subpart, the Secretary shall 
consult with State educational agencies and local educational agencies, 
organizations representing English learners, and organizations 
representing teachers and other personnel involved in the education of 
English learners.

            ``Subpart 5--Rural Education Achievement Program

``SEC. 1230. PURPOSE.

    ``It is the purpose of this subpart to address the unique needs of 
rural school districts that frequently--
            ``(1) lack the personnel and resources needed to compete 
        effectively for Federal competitive grants; and
            ``(2) receive formula grant allocations in amounts too 
        small to be effective in meeting their intended purposes.

          ``CHAPTER A--SMALL, RURAL SCHOOL ACHIEVEMENT PROGRAM

``SEC. 1231. GRANT PROGRAM AUTHORIZED.

    ``(a) In General.--From amounts appropriated under section 3(a)(1) 
for a fiscal year, the Secretary shall reserve .55 of one percent to 
award grants to eligible local educational agencies to enable the local 
educational agencies to carry out activities authorized under any of 
the following provisions:
            ``(1) Part A of title I.
            ``(2) Title II.
            ``(3) Title III.
    ``(b) Allocation.--
            ``(1) In general.--Except as provided in paragraph (3), the 
        Secretary shall award a grant under subsection (a) to a local 
        educational agency eligible under subsection (d) for a fiscal 
        year in an amount equal to the initial amount determined under 
        paragraph (2) for the fiscal year minus the total amount 
        received by the agency in subpart 2 of part A of title II for 
        the preceding fiscal year.
            ``(2) Determination of initial amount.--The initial amount 
        referred to in paragraph (1) is equal to $100 multiplied by the 
        total number of students in excess of 50 students, in average 
        daily attendance at the schools served by the local educational 
        agency, plus $20,000, except that the initial amount may not 
        exceed $60,000.
            ``(3) Ratable adjustment.--
                    ``(A) In general.--If the amount made available to 
                carry out this section for any fiscal year is not 
                sufficient to pay in full the amounts that local 
                educational agencies are eligible to receive under 
                paragraph (1) for such year, the Secretary shall 
                ratably reduce such amounts for such year.
                    ``(B) Additional amounts.--If additional funds 
                become available for making payments under paragraph 
                (1) for such fiscal year, payments that were reduced 
                under subparagraph (A) shall be increased on the same 
                basis as such payments were reduced.
    ``(c) Disbursement.--The Secretary shall disburse the funds awarded 
to a local educational agency under this section for a fiscal year not 
later than July 1 of that fiscal year.
    ``(d) Eligibility.--
            ``(1) In general.--A local educational agency shall be 
        eligible to use the applicable funding in accordance with 
        subsection (a) if--
                    ``(A)(i)(I) the total number of students in average 
                daily attendance at all of the schools served by the 
                local educational agency is fewer than 600; or
                    ``(II) each county in which a school served by the 
                local educational agency is located has a total 
                population density of fewer than 10 persons per square 
                mile; and
                    ``(ii) all of the schools served by the local 
                educational agency are designated with a school locale 
                code of 41, 42, or 43, as determined by the Secretary; 
                or
                    ``(B) the agency meets the criteria established in 
                subparagraph (A)(i) and the Secretary, in accordance 
                with paragraph (2), grants the local educational 
                agency's request to waive the criteria described in 
                subparagraph (A)(ii).
            ``(2) Certification.--The Secretary shall determine whether 
        to waive the criteria described in paragraph (1)(A)(ii) based 
        on a demonstration by the local educational agency, and 
        concurrence by the State educational agency, that the local 
        educational agency is located in an area defined as rural by a 
        governmental agency of the State.
            ``(3) Hold harmless.--For a local educational agency that 
        is not eligible under this chapter but met the eligibility 
        requirements under this subsection as it was in effect prior to 
        the date of the enactment of the Student Success Act, the 
        agency shall receive--
                    ``(A) for fiscal year 2013, 75 percent of the 
                amount such agency received for fiscal year 2012;
                    ``(B) for fiscal year 2014, 50 percent of the 
                amount such agency received for fiscal year 2012; and
                    ``(C) for fiscal year 2015, 25 percent of the 
                amount such agency received for fiscal year 2012.
    ``(e) Special Eligibility Rule.--A local educational agency that 
receives a grant under this chapter for a fiscal year is not eligible 
to receive funds for such fiscal year under chapter B.

            ``CHAPTER B--RURAL AND LOW-INCOME SCHOOL PROGRAM

``SEC. 1235. PROGRAM AUTHORIZED.

    ``(a) Grants to States.--
            ``(1) In general.--From amounts appropriated under section 
        3(a)(1) for a fiscal year, the Secretary shall reserve .55 of 
        one percent to for this chapter for a fiscal year that are not 
        reserved under subsection (c) to award grants (from allotments 
        made under paragraph (2)) for the fiscal year to State 
        educational agencies that have applications submitted under 
        section 1237 approved to enable the State educational agencies 
        to award grants to eligible local educational agencies for 
        local authorized activities described in section 1236(a).
            ``(2) Allotment.--From amounts described in paragraph (1) 
        for a fiscal year, the Secretary shall allot to each State 
        educational agency for that fiscal year an amount that bears 
        the same ratio to those amounts as the number of students in 
        average daily attendance served by eligible local educational 
        agencies in the State for that fiscal year bears to the number 
        of all such students served by eligible local educational 
        agencies in all States for that fiscal year.
            ``(3) Specially qualified agencies.--
                    ``(A) Eligibility and application.--If a State 
                educational agency elects not to participate in the 
                program under this subpart or does not have an 
                application submitted under section 1237 approved, a 
                specially qualified agency in such State desiring a 
                grant under this subpart may submit an application 
                under such section directly to the Secretary to receive 
                an award under this subpart.
                    ``(B) Direct awards.--The Secretary may award, on a 
                competitive basis or by formula, the amount the State 
                educational agency is eligible to receive under 
                paragraph (2) directly to a specially qualified agency 
                in the State that has submitted an application in 
                accordance with subparagraph (A) and obtained approval 
                of the application.
                    ``(C) Specially qualified agency defined.--In this 
                subpart, the term `specially qualified agency' means an 
                eligible local educational agency served by a State 
                educational agency that does not participate in a 
                program under this subpart in a fiscal year, that may 
                apply directly to the Secretary for a grant in such 
                year under this subsection.
    ``(b) Local Awards.--
            ``(1) Eligibility.--A local educational agency shall be 
        eligible to receive a grant under this subpart if--
                    ``(A) 20 percent or more of the children ages 5 
                through 17 years served by the local educational agency 
                are from families with incomes below the poverty line; 
                and
                    ``(B) all of the schools served by the agency are 
                designated with a school locale code of 32, 33, 41, 42, 
                43, as determined by the Secretary.
            ``(2) Award basis.--A State educational agency shall award 
        grants to eligible local educational agencies--
                    ``(A) on a competitive basis;
                    ``(B) according to a formula based on the number of 
                students in average daily attendance served by the 
                eligible local educational agencies or schools in the 
                State; or
                    ``(C) according to an alternative formula, if, 
                prior to awarding the grants, the State educational 
                agency demonstrates, to the satisfaction of the 
                Secretary, that the alternative formula enables the 
                State educational agency to allot the grant funds in a 
                manner that serves equal or greater concentrations of 
                children from families with incomes below the poverty 
                line, relative to the concentrations that would be 
                served if the State educational agency used the formula 
                described in subparagraph (B).
    ``(c) Reservations.--From amounts reserved under section 1235(a)(1) 
for this chapter for a fiscal year, the Secretary shall reserve--
            ``(1) one-half of 1 percent to make awards to elementary 
        schools or secondary schools operated or supported by the 
        Bureau of Indian Education, to carry out the activities 
        authorized under this chapter; and
            ``(2) one-half of 1 percent to make awards to the outlying 
        areas in accordance with their respective needs, to carry out 
        the activities authorized under this chapter.

``SEC. 1236. USES OF FUNDS.

    ``(a) Local Awards.--Grant funds awarded to local educational 
agencies under this chapter shall be used for activities authorized 
under any of the following:
            ``(1) Part A of title I.
            ``(2) Title II.
            ``(3) Title III.
    ``(b) Administrative Costs.--A State educational agency receiving a 
grant under this chapter may not use more than 5 percent of the amount 
of the grant for State administrative costs and to provide technical 
assistance to eligible local educational agencies.

``SEC. 1237. APPLICATIONS.

    ``(a) In General.--Each State educational agency or specially 
qualified agency desiring to receive a grant under this chapter shall 
submit an application to the Secretary at such time and in such manner 
as the Secretary may require.
    ``(b) Contents.--Each application submitted under subsection (a) 
shall include--
            ``(1) a description of how the State educational agency or 
        specially qualified agency will ensure eligible local 
        educational agencies receiving a grant under this chapter will 
        use such funds to help students meet the State academic 
        standards under section 1111(b)(1);
            ``(2) if the State educational agency or specially 
        qualified agency will competitively award grants to eligible 
        local educational agencies, as described in section 
        1235(b)(2)(A), the application under the section shall 
        include--
                    ``(A) the methods and criteria the State 
                educational agency or specially qualified agency will 
                use for reviewing applications and awards funds to 
                local educational agencies on a competitive basis; and
                    ``(B) how the State educational agency or specially 
                qualified agency will notify eligible local educational 
                agencies of the grant competition; and
            ``(3) a description of how the State educational agency or 
        specially qualified agency will provide technical assistance to 
        eligible local educational agencies to help such agencies 
        implement the activities described in section 1236(a).

``SEC. 1238. ACCOUNTABILITY.

    ``(a) State Report.--Each State educational agency or specially 
qualified agency that receives a grant under this chapter shall prepare 
and submit an annual report to the Secretary. The report shall 
describe--
            ``(1) the methods and criteria the State educational agency 
        or specially qualified agency used to award grants to eligible 
        local educational agencies, and to provide assistance to 
        schools, under this chapter;
            ``(2) how local educational agencies and schools used funds 
        provided under this chapter; and
            ``(3) the degree to which progress has been made toward 
        having all students meet the State academic standards under 
        section 1111(b)(1).
    ``(b) Report to Congress.--The Secretary shall prepare and submit 
to the Committee on Education and the Workforce of the House of 
Representatives and the Committee on Health, Education, Labor, and 
Pensions of the Senate a biennial report. The report shall describe--
            ``(1) how State local educational agencies, local 
        educational agencies, and schools used funds provided under 
        this chapter; and
            ``(2) the degree to which progress has been made toward 
        having all students meet the State academic standards under 
        section 1111(b)(1).

``SEC. 1239. CHOICE OF PARTICIPATION.

    ``(a) In General.--If a local educational agency is eligible for 
funding under chapters A and B of this subpart, such local educational 
agency may receive funds under either chapter A or chapter B for a 
fiscal year, but may not receive funds under both chapters.
    ``(b) Notification.--A local educational agency eligible for both 
chapters A and B of this subpart shall notify the Secretary and the 
State educational agency under which of such chapters such local 
educational agency intends to receive funds for a fiscal year by a date 
that is established by the Secretary for the notification.

                    ``CHAPTER C--GENERAL PROVISIONS

``SEC. 1241. ANNUAL AVERAGE DAILY ATTENDANCE DETERMINATION.

    ``(a) Census Determination.--Each local educational agency desiring 
a grant under section 1231 and each local educational agency or 
specially qualified agency desiring a grant under chapter B shall--
            ``(1) not later than December 1 of each year, conduct a 
        census to determine the number of students in average daily 
        attendance in kindergarten through grade 12 at the schools 
        served by the agency; and
            ``(2) not later than March 1 of each year, submit the 
        number described in paragraph (1) to the Secretary (and to the 
        State educational agency, in the case of a local educational 
        agency seeking a grant under subpart 2).
    ``(b) Penalty.--If the Secretary determines that a local 
educational agency or specially qualified agency has knowingly 
submitted false information under subsection (a) for the purpose of 
gaining additional funds under section 1231 or chapter B, then the 
agency shall be fined an amount equal to twice the difference between 
the amount the agency received under this section and the correct 
amount the agency would have received under section 1231 or chapter B 
if the agency had submitted accurate information under subsection (a).

``SEC. 1242. SUPPLEMENT, NOT SUPPLANT.

    ``Funds made available under chapter A or chapter B shall be used 
to supplement, and not supplant, any other Federal, State, or local 
education funds.

``SEC. 1243. RULE OF CONSTRUCTION.

    ``Nothing in this subpart shall be construed to prohibit a local 
educational agency that enters into cooperative arrangements with other 
local educational agencies for the provision of special, compensatory, 
or other education services, pursuant to State law or a written 
agreement, from entering into similar arrangements for the use, or the 
coordination of the use, of the funds made available under this 
subpart.

                     ``Subpart 6--Indian Education

``SEC. 1251. STATEMENT OF POLICY.

    ``It is the policy of the United States to fulfill the Federal 
Government's unique and continuing trust relationship with and 
responsibility to the Indian people for the education of Indian 
children. The Federal Government will continue to work with local 
educational agencies, Indian tribes and organizations, postsecondary 
institutions, and other entities toward the goal of ensuring that 
programs that serve Indian children are of the highest quality and 
provide for not only the basic elementary and secondary educational 
needs, but also the unique educational and culturally related academic 
needs of these children.

``SEC. 1252. PURPOSE.

    ``It is the purpose of this subpart to support the efforts of local 
educational agencies, Indian tribes and organizations, postsecondary 
institutions, and other entities--
            ``(1) to meet the unique educational and culturally related 
        academic needs of American Indian and Alaska Native students, 
        so that such students can meet the State academic standards 
        that all students are expected to meet; and
            ``(2) to ensure that school leaders, teachers, and other 
        staff who serve Indian and Alaska Native students have the 
        ability and training to provide appropriate instruction to meet 
        the unique academic needs of such students.

       ``CHAPTER A--FORMULA GRANTS TO LOCAL EDUCATIONAL AGENCIES

``SEC. 1261. PURPOSE.

    ``It is the purpose of this chapter to support local educational 
agencies in their efforts to reform elementary school and secondary 
school programs that serve Indian students in order to ensure that such 
programs are designed to--
            ``(1) meet the unique educational needs of such students; 
        and
            ``(2) ensure that such students have the opportunity to 
        meet the State academic standards.

``SEC. 1262. GRANTS TO LOCAL EDUCATIONAL AGENCIES AND TRIBES.

    ``(a) In General.--From amounts appropriated under section 3(a)(1), 
the Secretary shall reserve .6 of one percent to local educational 
agencies and Indian tribes in accordance with this section and section 
1263.
    ``(b) Local Educational Agencies.--
            ``(1) Enrollment requirements.--A local educational agency 
        shall be eligible for a grant under this chapter for any fiscal 
        year if the number of Indian children eligible under section 
        1267 who were enrolled in the schools of the agency, and to 
        whom the agency provided free public education, during the 
        preceding fiscal year--
                    ``(A) was at least 10; or
                    ``(B) constituted not less than 25 percent of the 
                total number of individuals enrolled in the schools of 
                such agency.
            ``(2) Exclusion.--The requirement of paragraph (1) shall 
        not apply in Alaska, California, or Oklahoma, or with respect 
        to any local educational agency located on, or in proximity to, 
        an Indian reservation.
    ``(c) Indian Tribes.--
            ``(1) In general.--If a local educational agency that is 
        otherwise eligible for a grant under this chapter does not 
        establish a committee under section 1264(c)(4) for such grant, 
        an Indian tribe or a consortium of such entities that 
        represents not less than \1/3\ of the eligible Indian children 
        who are served by such local educational agency may apply for 
        such grant.
            ``(2) Special rule.--The Secretary shall treat each Indian 
        tribe or consortium of such entities applying for a grant 
        pursuant to paragraph (1) as if such Indian tribe were a local 
        educational agency for purposes of this chapter, except that 
        any such tribe is not subject to section 1264(c)(4) or section 
        1269.
            ``(3) Eligibility.--If more than 1 Indian tribe qualifies 
        to apply for a grant under paragraph (1), the entity that 
        represents the most eligible Indian children who are served by 
        the local educational agency shall be eligible to receive the 
        grant or the tribes may choose to apply in consortium.

``SEC. 1263. AMOUNT OF GRANTS.

    ``(a) Amount of Grant Awards.--
            ``(1) In general.--Except as provided in subsection (b) and 
        paragraph (2), the Secretary shall allocate to each local 
        educational agency that has an approved application under this 
        chapter an amount equal to the product of--
                    ``(A) the number of Indian children who are 
                eligible under section 1267 and served by such agency; 
                and
                    ``(B) the greater of--
                            ``(i) the average per pupil expenditure of 
                        the State in which such agency is located; or
                            ``(ii) 80 percent of the average per pupil 
                        expenditure of all the States.
            ``(2) Reduction.--The Secretary shall reduce the amount of 
        each allocation otherwise determined under this section in 
        accordance with subsection (e).
    ``(b) Minimum Grant.--
            ``(1) In general.--Notwithstanding subsection (e), an 
        entity that is eligible for a grant under section 1262, and a 
        school that is operated or supported by the Bureau of Indian 
        Education that is eligible for a grant under subsection (d), 
        that submits an application that is approved by the Secretary, 
        shall, subject to appropriations, receive a grant under this 
        chapter in an amount that is not less than $3,000.
            ``(2) Consortia.--Local educational agencies may form a 
        consortium with other local educational agencies or Indian 
        tribes for the purpose of obtaining grants under this chapter.
            ``(3) Increase.--The Secretary may increase the minimum 
        grant under paragraph (1) to not more than $4,000 for all 
        grantees if the Secretary determines such an increase is 
        necessary to ensure the quality of the programs provided.
    ``(c) Definition.--For the purpose of this section, the term 
`average per pupil expenditure', used with respect to a State, means an 
amount equal to--
            ``(1) the sum of the aggregate current expenditures of all 
        the local educational agencies in the State, plus any direct 
        current expenditures by the State for the operation of such 
        agencies, without regard to the sources of funds from which 
        such local or State expenditures were made, during the second 
        fiscal year preceding the fiscal year for which the computation 
        is made; divided by
            ``(2) the aggregate number of children who were included in 
        average daily attendance for whom such agencies provided free 
        public education during such preceding fiscal year.
    ``(d) Schools Operated or Supported by the Bureau of Indian 
Education.--
            ``(1) In general.--Subject to subsection (e), in addition 
        to the grants awarded under subsection (a), the Secretary shall 
        allocate to the Secretary of the Interior an amount equal to 
        the product of--
                    ``(A) the total number of Indian children enrolled 
                in schools that are operated by--
                            ``(i) the Bureau of Indian Education; or
                            ``(ii) an Indian tribe, or an organization 
                        controlled or sanctioned by an Indian tribal 
                        government, for the children of that tribe 
                        under a contract with, or grant from, the 
                        Department of the Interior under the Indian 
                        Self-Determination Act or the Tribally 
                        Controlled Schools Act of 1988; and
                    ``(B) the greater of--
                            ``(i) the average per pupil expenditure of 
                        the State in which the school is located; or
                            ``(ii) 80 percent of the average per pupil 
                        expenditure of all the States.
            ``(2) Special rule.--Any school described in paragraph 
        (1)(A) that wishes to receive an allocation under this chapter 
        shall submit an application in accordance with section 1264, 
        and shall otherwise be treated as a local educational agency 
        for the purpose of this chapter, except that such school shall 
        not be subject to section 1264(c)(4) or section 1269.
    ``(e) Ratable Reductions.--If the sums reserved for any fiscal year 
under section 1262(a) are insufficient to pay in full the amounts 
determined for local educational agencies under subsection (a)(1) and 
for the Secretary of the Interior under subsection (d), each of those 
amounts shall be ratably reduced.

``SEC. 1264. APPLICATIONS.

    ``(a) Application Required.--Each local educational agency that 
desires to receive a grant under this chapter shall submit an 
application to the Secretary at such time and in such manner as the 
Secretary may reasonably require.
    ``(b) Comprehensive Program Required.--Each application submitted 
under subsection (a) shall include a description of a comprehensive 
program for meeting the needs of Indian children served by the local 
educational agency, including the language and cultural needs of the 
children, that--
            ``(1) describes how the comprehensive program will offer 
        programs and activities to meet the culturally related academic 
        needs of American Indian and Alaska Native students;
            ``(2)(A) is aligned with and supports the State and local 
        plans submitted under other provisions of this Act; and
            ``(B) includes academic standards for such children that 
        are based on the State academic standards adopted under subpart 
        1 for all children;
            ``(3) explains how the local educational agency will use 
        the funds made available under this chapter to supplement other 
        Federal, State, and local programs, especially programs carried 
        out under subpart 1, to meet the needs of such students;
            ``(4) demonstrates how funds made available under this 
        chapter will be used for activities described in section 1265;
            ``(5) describes the professional development opportunities 
        that will be provided, as needed, to ensure that--
                    ``(A) teachers, school leaders, and other school 
                professionals who are new to the Indian community are 
                prepared to work with Indian children; and
                    ``(B) all teachers who will be involved in programs 
                assisted under this chapter have been properly trained 
                to carry out such programs; and
            ``(6) describes how the local educational agency--
                    ``(A) will periodically assess the progress of all 
                Indian children enrolled in the schools of the local 
                educational agency, including Indian children who do 
                not participate in programs assisted under this 
                chapter, in meeting the standards described in 
                paragraph (2);
                    ``(B) will provide the results of each assessment 
                referred to in subparagraph (A) to--
                            ``(i) the committee described in subsection 
                        (c)(4); and
                            ``(ii) the community, including Indian 
                        tribes, whose children are served by the local 
                        educational agency; and
                    ``(C) is responding to findings of any previous 
                assessments that are similar to the assessments 
                described in subparagraph (A); and
            ``(7) describes the processes the local educational agency 
        used to collaborate with Indian tribes in the community in the 
        development of the comprehensive programs.
    ``(c) Assurances.--Each application submitted under subsection (a) 
shall include assurances that--
            ``(1) the local educational agency will use funds received 
        under this chapter only to supplement the funds that, in the 
        absence of the Federal funds made available under this chapter, 
        such agency would make available for the education of Indian 
        children, and not to supplant such funds;
            ``(2) the local educational agency will prepare and submit 
        to the Secretary such reports in such form as the Secretary may 
        require to--
                    ``(A) carry out the functions of the Secretary 
                under this chapter; and
                    ``(B) determine the extent to which activities 
                carried out with funds provided to the local 
                educational agency under this chapter are effective in 
                improving the educational achievement of Indian 
                students served by such agency;
            ``(3) the program for which assistance is sought--
                    ``(A) is based on a comprehensive local assessment 
                and prioritization of the unique educational and 
                culturally related academic needs of the American 
                Indian and Alaska Native students for whom the local 
                educational agency is providing an education;
                    ``(B) will use the best available talents and 
                resources, including individuals from the Indian 
                community; and
                    ``(C) was developed by such agency in open 
                consultation with parents of Indian children and 
                teachers, and, if appropriate, Indian students from 
                secondary schools, including through public hearings 
                held by such agency to provide to the individuals 
                described in this subparagraph a full opportunity to 
                understand the program and to offer recommendations 
                regarding the program; and
            ``(4) the local educational agency developed the program 
        with the participation and written approval of a committee--
                    ``(A) that is composed of, and selected by--
                            ``(i) parents of Indian children in the 
                        local educational agency's schools;
                            ``(ii) teachers in the schools; and
                            ``(iii) if appropriate, Indian students 
                        attending secondary schools of the agency;
                    ``(B) a majority of whose members are parents of 
                Indian children;
                    ``(C) that has set forth such policies and 
                procedures, including policies and procedures relating 
                to the hiring of personnel, as will ensure that the 
                program for which assistance is sought will be operated 
                and evaluated in consultation with, and with the 
                involvement of, parents of the children, and 
                representatives of the area, to be served;
                    ``(D) with respect to an application describing a 
                schoolwide program in accordance with section 1265(c), 
                that has--
                            ``(i) reviewed in a timely fashion the 
                        program; and
                            ``(ii) determined that the program will not 
                        diminish the availability of culturally related 
                        activities for American Indian and Alaska 
                        Native students; and
                    ``(E) that has adopted reasonable bylaws for the 
                conduct of the activities of the committee and abides 
                by such bylaws.

``SEC. 1265. AUTHORIZED SERVICES AND ACTIVITIES.

    ``(a) General Requirements.--Each local educational agency that 
receives a grant under this chapter shall use the grant funds, in a 
manner consistent with the purpose specified in section 1261, for 
services and activities that--
            ``(1) are designed to carry out the comprehensive program 
        of the local educational agency for Indian students, and 
        described in the application of the local educational agency 
        submitted to the Secretary under section 1264(a);
            ``(2) are designed with special regard for the language and 
        cultural needs of the Indian students; and
            ``(3) supplement and enrich the regular school program of 
        such agency.
    ``(b) Particular Activities.--The services and activities referred 
to in subsection (a) may include--
            ``(1) culturally related activities that support the 
        program described in the application submitted by the local 
        educational agency;
            ``(2) early childhood and family programs that emphasize 
        school readiness;
            ``(3) enrichment programs that focus on problem solving and 
        cognitive skills development and directly support the 
        attainment of State academic standards;
            ``(4) integrated educational services in combination with 
        other programs that meet the needs of Indian children and their 
        families;
            ``(5) programs that help engage parents and tribes to meet 
        the unique educational needs of Indian children;
            ``(6) career preparation activities to enable Indian 
        students to participate in programs such as the programs 
        supported by the Carl D. Perkins Career and Technical Education 
        Act of 2006;
            ``(7) activities to educate individuals concerning the 
        prevention of substance abuse, violence, and suicide;
            ``(8) the acquisition of equipment, but only if the 
        acquisition of the equipment is essential to achieve the 
        purpose described in section 1261;
            ``(9) activities that promote the incorporation of 
        culturally responsive teaching and learning strategies into the 
        educational program of the local educational agency;
            ``(10) activities that incorporate American Indian and 
        Alaska Native specific curriculum content, consistent with 
        State academic standards into the curriculum used by the local 
        educational agency;
            ``(11) family literacy services; and
            ``(12) activities that recognize and support the unique 
        cultural and educational needs of Indian children, and 
        incorporate appropriately qualified tribal elders and seniors.
    ``(c) Schoolwide Programs.--Notwithstanding any other provision of 
law, a local educational agency may use funds made available to such 
agency under this chapter to support a schoolwide program under section 
1114 if--
            ``(1) the committee established pursuant to section 
        1264(c)(4) approves the use of the funds for the schoolwide 
        program; and
            ``(2) the schoolwide program is consistent with the purpose 
        described in section 1261.
    ``(d) Limitation on Administrative Costs.--Not more than 5 percent 
of the funds provided to a grantee under this chapter for any fiscal 
year may be used for administrative purposes.
    ``(e) Limitation on Use of Funds.--Funds provided to a grantee 
under this chapter may not be used for long-distance travel expenses 
for training activities available locally or regionally.

``SEC. 1266. INTEGRATION OF SERVICES AUTHORIZED.

    ``(a) Plan.--An entity receiving funds under this chapter may 
submit a plan to the Secretary for the integration of education and 
related services provided to Indian students.
    ``(b) Consolidation of Programs.--Upon the receipt of an acceptable 
plan under subsection (a), the Secretary, in cooperation with each 
Federal agency providing grants for the provision of education and 
related services to the entity, shall authorize the entity to 
consolidate, in accordance with such plan, the federally funded 
education and related services programs of the entity and the Federal 
programs, or portions of the programs, serving Indian students in a 
manner that integrates the program services involved into a single, 
coordinated, comprehensive program and reduces administrative costs by 
consolidating administrative functions.
    ``(c) Programs Affected.--The funds that may be consolidated in a 
demonstration project under any such plan referred to in subsection (a) 
shall include funds for any Federal program exclusively serving Indian 
children, or the funds reserved under any Federal program to 
exclusively serve Indian children, under which the entity is eligible 
for receipt of funds under a statutory or administrative formula for 
the purposes of providing education and related services that would be 
used to serve Indian students.
    ``(d) Plan Requirements.--For a plan to be acceptable pursuant to 
subsection (b), the plan shall--
            ``(1) identify the programs or funding sources to be 
        consolidated;
            ``(2) be consistent with the objectives of this section 
        concerning authorizing the services to be integrated in a 
        demonstration project;
            ``(3) describe a comprehensive strategy that identifies the 
        full range of potential educational opportunities and related 
        services to be provided to assist Indian students to achieve 
        the objectives set forth in this chapter;
            ``(4) describe the way in which services are to be 
        integrated and delivered and the results expected from the 
        plan;
            ``(5) identify the projected expenditures under the plan in 
        a single budget;
            ``(6) identify the State, tribal, or local agency or 
        agencies to be involved in the delivery of the services 
        integrated under the plan;
            ``(7) identify any statutory provisions, regulations, 
        policies, or procedures that the entity believes need to be 
        waived in order to implement the plan;
            ``(8) set forth measures for student academic achievement 
        consistent with State academic standards under section 
        1111(b)(1); and
            ``(9) be approved by a committee formed in accordance with 
        section 1264(c)(4), if such a committee exists.
    ``(e) Plan Review.--Upon receipt of the plan from an eligible 
entity, the Secretary shall consult with the Secretary of each Federal 
department providing funds to be used to implement the plan, and with 
the entity submitting the plan. The parties so consulting shall 
identify any waivers of statutory requirements or of Federal 
departmental regulations, policies, or procedures necessary to enable 
the entity to implement the plan. Notwithstanding any other provision 
of law, the Secretary of the affected department shall have the 
authority to waive any regulation, policy, or procedure promulgated by 
that department that has been so identified by the entity or 
department, unless the Secretary of the affected department determines 
that such a waiver is inconsistent with the objectives of this chapter 
or those provisions of the statute from which the program involved 
derives authority that are specifically applicable to Indian students.
    ``(f) Plan Approval.--Within 90 days after the receipt of an 
entity's plan by the Secretary, the Secretary shall inform the entity, 
in writing, of the Secretary's approval or disapproval of the plan. If 
the plan is disapproved, the entity shall be informed, in writing, of 
the reasons for the disapproval and shall be given an opportunity to 
amend the plan or to petition the Secretary to reconsider such 
disapproval.
    ``(g) Responsibilities of Department of Education.--The Secretary 
of Education, the Secretary of the Interior, and the head of any other 
Federal department or agency identified by the Secretary of Education, 
shall enter into an interdepartmental memorandum of agreement providing 
for the implementation and coordination of the demonstration projects 
authorized under this section. The lead agency head for a demonstration 
project under this section shall be--
            ``(1) the Secretary of the Interior, in the case of an 
        entity meeting the definition of a contract or grant school 
        under title XI of the Education Amendments of 1978; or
            ``(2) the Secretary of Education, in the case of any other 
        entity.
    ``(h) Responsibilities of Lead Agency.--The responsibilities of the 
lead agency shall include--
            ``(1) the use of a single report format related to the plan 
        for the individual project, which shall be used by an eligible 
        entity to report on the activities undertaken under the 
        project;
            ``(2) the use of a single report format related to the 
        projected expenditures for the individual project which shall 
        be used by an eligible entity to report on all project 
        expenditures;
            ``(3) the development of a single system of Federal 
        oversight for the project, which shall be implemented by the 
        lead agency; and
            ``(4) the provision of technical assistance to an eligible 
        entity appropriate to the project, except that an eligible 
        entity shall have the authority to accept or reject the plan 
        for providing such technical assistance and the technical 
        assistance provider.
    ``(i) Report Requirements.--A single report format shall be 
developed by the Secretary, consistent with the requirements of this 
section. Such report format shall require that reports described in 
subsection (h), together with records maintained on the consolidated 
program at the local level, shall contain such information as will 
allow a determination that the eligible entity has complied with the 
requirements incorporated in its approved plan, including making a 
demonstration of student academic achievement, and will provide 
assurances to each Secretary that the eligible entity has complied with 
all directly applicable statutory requirements and with those directly 
applicable regulatory requirements that have not been waived.
    ``(j) No Reduction in Amounts.--In no case shall the amount of 
Federal funds available to an eligible entity involved in any 
demonstration project be reduced as a result of the enactment of this 
section.
    ``(k) Interagency Fund Transfers Authorized.--The Secretary is 
authorized to take such action as may be necessary to provide for an 
interagency transfer of funds otherwise available to an eligible entity 
in order to further the objectives of this section.
    ``(l) Administration of Funds.--
            ``(1) In general.--Program funds for the consolidated 
        programs shall be administered in such a manner as to allow for 
        a determination that funds from a specific program are spent on 
        allowable activities authorized under such program, except that 
        the eligible entity shall determine the proportion of the funds 
        granted that shall be allocated to such program.
            ``(2) Separate records not required.--Nothing in this 
        section shall be construed as requiring the eligible entity to 
        maintain separate records tracing any services or activities 
        conducted under the approved plan to the individual programs 
        under which funds were authorized for the services or 
        activities, nor shall the eligible entity be required to 
        allocate expenditures among such individual programs.
    ``(m) Overage.--The eligible entity may commingle all 
administrative funds from the consolidated programs and shall be 
entitled to the full amount of such funds (under each program's or 
agency's regulations). The overage (defined as the difference between 
the amount of the commingled funds and the actual administrative cost 
of the programs) shall be considered to be properly spent for Federal 
audit purposes, if the overage is used for the purposes provided for 
under this section.
    ``(n) Fiscal Accountability.--Nothing in this part shall be 
construed so as to interfere with the ability of the Secretary or the 
lead agency to fulfill the responsibilities for the safeguarding of 
Federal funds pursuant to chapter 75 of title 31, United States Code.
    ``(o) Report on Statutory Obstacles to Program Integration.--
            ``(1) In general.--The Secretary of Education shall 
        annually submit a report to the Committee on Health, Education, 
        Labor, and Pensions and the Committee on Indian Affairs of the 
        Senate, and the Committee on Education and the Workforce and 
        the Committee on Natural Resources of the House of 
        Representatives on the status of the implementation of the 
        demonstration projects authorized under this section.
            ``(2) Contents.--Such report shall identify--
                    ``(A) statutory barriers to the ability of 
                participants to more effectively integrate their 
                education and related services to Indian students in a 
                manner consistent with the objectives of this section; 
                and
                    ``(B) the effective practices for program 
                integration that result in increased student 
                achievement and other relevant outcomes for Indian 
                students.
    ``(p) Definitions.--For the purposes of this section, the term 
`Secretary' means--
            ``(1) the Secretary of the Interior, in the case of an 
        entity meeting the definition of a contract or grant school 
        under title XI of the Education Amendments of 1978; or
            ``(2) the Secretary of Education, in the case of any other 
        entity.

``SEC. 1267. STUDENT ELIGIBILITY FORMS.

    ``(a) In General.--The Secretary shall require that, as part of an 
application for a grant under this chapter, each applicant shall 
maintain a file, with respect to each Indian child for whom the local 
educational agency provides a free public education, that contains a 
form that sets forth information establishing the status of the child 
as an Indian child eligible for assistance under this chapter, and that 
otherwise meets the requirements of subsection (b).
    ``(b) Forms.--The form described in subsection (a) shall include--
            ``(1) either--
                    ``(A)(i) the name of the tribe or band of Indians 
                (as defined in section 1291) with respect to which the 
                child claims membership;
                    ``(ii) the enrollment number establishing the 
                membership of the child (if readily available); and
                    ``(iii) the name and address of the organization 
                that maintains updated and accurate membership data for 
                such tribe or band of Indians; or
                    ``(B) the name, the enrollment number (if readily 
                available), and the name and address of the 
                organization responsible for maintaining updated and 
                accurate membership data, of any parent or grandparent 
                of the child from whom the child claims eligibility 
                under this chapter, if the child is not a member of the 
                tribe or band of Indians (as so defined);
            ``(2) a statement of whether the tribe or band of Indians 
        (as so defined), with respect to which the child, or parent or 
        grandparent of the child, claims membership, is federally 
        recognized;
            ``(3) the name and address of the parent or legal guardian 
        of the child; and
            ``(4) a signature of the parent or legal guardian of the 
        child that verifies the accuracy of the information supplied.
    ``(c) Statutory Construction.--Nothing in this section shall be 
construed to affect a definition contained in section 1291.
    ``(d) Forms and Standards of Proof.--The forms and the standards of 
proof (including the standard of good faith compliance) that were in 
use during the 1985-1986 academic year to establish the eligibility of 
a child for entitlement under the Indian Elementary and Secondary 
School Assistance Act shall be the forms and standards of proof used--
            ``(1) to establish eligibility under this chapter; and
            ``(2) to meet the requirements of subsection (a).
    ``(e) Documentation.--For purposes of determining whether a child 
is eligible to be counted for the purpose of computing the amount of a 
grant award under section 1263, the membership of the child, or any 
parent or grandparent of the child, in a tribe or band of Indians (as 
so defined) may be established by proof other than an enrollment 
number, notwithstanding the availability of an enrollment number for a 
member of such tribe or band. Nothing in subsection (b) shall be 
construed to require the furnishing of an enrollment number.
    ``(f) Monitoring and Evaluation Review.--
            ``(1) In general.--
                    ``(A) Review.--For each fiscal year, in order to 
                provide such information as is necessary to carry out 
                the responsibility of the Secretary to provide 
                technical assistance under this chapter, the Secretary 
                shall conduct a monitoring and evaluation review of a 
                sampling of the recipients of grants under this 
                chapter. The sampling conducted under this subparagraph 
                shall take into account the size of and the geographic 
                location of each local educational agency.
                    ``(B) Exception.--A local educational agency may 
                not be held liable to the United States or be subject 
                to any penalty, by reason of the findings of an audit 
                that relates to the date of completion, or the date of 
                submission, of any forms used to establish, before 
                April 28, 1988, the eligibility of a child for an 
                entitlement under the Indian Elementary and Secondary 
                School Assistance Act.
            ``(2) False information.--Any local educational agency that 
        provides false information in an application for a grant under 
        this chapter shall--
                    ``(A) be ineligible to apply for any other grant 
                under this chapter; and
                    ``(B) be liable to the United States for any funds 
                from the grant that have not been expended.
            ``(3) Excluded children.--A student who provides false 
        information for the form required under subsection (a) shall 
        not be counted for the purpose of computing the amount of a 
        grant under section 1263.
    ``(g) Tribal Grant and Contract Schools.--Notwithstanding any other 
provision of this section, in calculating the amount of a grant under 
this chapter to a tribal school that receives a grant or contract from 
the Bureau of Indian Education, the Secretary shall use only one of the 
following, as selected by the school:
            ``(1) A count of the number of students in the schools 
        certified by the Bureau.
            ``(2) A count of the number of students for whom the school 
        has eligibility forms that comply with this section.
    ``(h) Timing of Child Counts.--For purposes of determining the 
number of children to be counted in calculating the amount of a local 
educational agency's grant under this chapter (other than in the case 
described in subsection (g)(1)), the local educational agency shall--
            ``(1) establish a date on, or a period not longer than 31 
        consecutive days during, which the agency counts those 
        children, if that date or period occurs before the deadline 
        established by the Secretary for submitting an application 
        under section 1264; and
            ``(2) determine that each such child was enrolled, and 
        receiving a free public education, in a school of the agency on 
        that date or during that period, as the case may be.

``SEC. 1268. PAYMENTS.

    ``(a) In General.--Subject to subsections (b) and (c), the 
Secretary shall pay to each local educational agency that submits an 
application that is approved by the Secretary under this chapter the 
amount determined under section 1263. The Secretary shall notify the 
local educational agency of the amount of the payment not later than 
June 1 of the year for which the Secretary makes the payment.
    ``(b) Payments Taken Into Account by the State.--The Secretary may 
not make a grant under this chapter to a local educational agency for a 
fiscal year if, for such fiscal year, the State in which the local 
educational agency is located takes into consideration payments made 
under this chapter in determining the eligibility of the local 
educational agency for State aid, or the amount of the State aid, with 
respect to the free public education of children during such fiscal 
year or the preceding fiscal year.
    ``(c) Reallocations.--The Secretary may reallocate, in a manner 
that the Secretary determines will best carry out the purpose of this 
chapter, any amounts that--
            ``(1) based on estimates made by local educational agencies 
        or other information, the Secretary determines will not be 
        needed by such agencies to carry out approved programs under 
        this chapter; or
            ``(2) otherwise become available for reallocation under 
        this chapter.

``SEC. 1269. STATE EDUCATIONAL AGENCY REVIEW.

    ``Before submitting an application to the Secretary under section 
1264, a local educational agency shall submit the application to the 
State educational agency, which may comment on such application. If the 
State educational agency comments on the application, the agency shall 
comment on all applications submitted by local educational agencies in 
the State and shall provide those comments to the respective local 
educational agencies, with an opportunity to respond.

   ``CHAPTER B--SPECIAL PROGRAMS AND PROJECTS TO IMPROVE EDUCATIONAL 
                   OPPORTUNITIES FOR INDIAN CHILDREN

``SEC. 1271. IMPROVEMENT OF EDUCATIONAL OPPORTUNITIES FOR INDIAN 
              CHILDREN.

    ``(a) Purpose.--
            ``(1) In general.--It is the purpose of this section to 
        support projects to develop, test, and demonstrate the 
        effectiveness of services and programs to improve educational 
        opportunities and achievement of Indian children.
            ``(2) Coordination.--The Secretary shall take the necessary 
        actions to achieve the coordination of activities assisted 
        under this chapter with--
                    ``(A) other programs funded under this Act; and
                    ``(B) other Federal programs operated for the 
                benefit of American Indian and Alaska Native children.
    ``(b) Eligible Entities.--In this section, the term `eligible 
entity' means a State educational agency, local educational agency, 
Indian tribe, Indian organization, federally supported elementary 
school or secondary school for Indian students, Indian institution 
(including an Indian institution of higher education), or a consortium 
of such entities.
    ``(c) Grants Authorized.--
            ``(1) In general.--From amounts appropriated under section 
        3(a)(1), the Secretary shall reserve 0.2 of one percent to 
        award grants to eligible entities to enable such entities to 
        carry out activities under this section and section 1272.
            ``(2) Uses of funds.--An eligible entity that receives a 
        grant under this section shall use the funds for one or more 
        activities, including--
                    ``(A) innovative programs related to the 
                educational needs of educationally disadvantaged 
                children;
                    ``(B) educational services that are not available 
                to such children in sufficient quantity or quality, 
                including remedial instruction, to raise the 
                achievement of Indian children in one or more of the 
                core academic subjects of English, mathematics, 
                science, foreign languages, art, history, and 
                geography;
                    ``(C) bilingual and bicultural programs and 
                projects;
                    ``(D) special health and nutrition services, and 
                other related activities, that address the special 
                health, social, and psychological problems of Indian 
                children;
                    ``(E) special compensatory and other programs and 
                projects designed to assist and encourage Indian 
                children to enter, remain in, or reenter school, and to 
                increase the rate of high school graduation for Indian 
                children;
                    ``(F) comprehensive guidance, counseling, and 
                testing services;
                    ``(G) early childhood and kindergarten programs, 
                including family-based preschool programs that 
                emphasize school readiness and parental skills, and the 
                provision of services to Indian children with 
                disabilities;
                    ``(H) partnership projects between local 
                educational agencies and institutions of higher 
                education that allow secondary school students to 
                enroll in courses at the postsecondary level to aid 
                such students in the transition from secondary to 
                postsecondary education;
                    ``(I) partnership projects between schools and 
                local businesses for career preparation programs 
                designed to provide Indian youth with the knowledge and 
                skills such youth need to make an effective transition 
                from school to a high-skill, high-wage career;
                    ``(J) programs designed to encourage and assist 
                Indian students to work toward, and gain entrance into, 
                an institution of higher education;
                    ``(K) family literacy services;
                    ``(L) activities that recognize and support the 
                unique cultural and educational needs of Indian 
                children, and incorporate appropriately qualified 
                tribal elders and seniors; or
                    ``(M) other services that meet the purpose 
                described in this section.
            ``(3) Professional development.--Evidence based 
        professional development of teaching professionals and 
        paraprofessionals may be a part of any program assisted under 
        this section.
    ``(d) Grant Requirements and Applications.--
            ``(1) Grant requirements.--
                    ``(A) In general.--The Secretary may make multiyear 
                grants under subsection (c) for the planning, 
                development, pilot operation, or demonstration of any 
                activity described in subsection (c) for a period not 
                to exceed 5 years.
                    ``(B) Priority.--In making multiyear grants 
                described in this paragraph, the Secretary shall give 
                priority to entities submitting applications that 
                present a plan for combining two or more of the 
                activities described in subsection (c) over a period of 
                more than 1 year.
                    ``(C) Progress.--The Secretary shall make a grant 
                payment for a grant described in this paragraph to an 
                eligible entity after the initial year of the multiyear 
                grant only if the Secretary determines that the 
                eligible entity has made substantial progress in 
                carrying out the activities assisted under the grant in 
                accordance with the application submitted under 
                paragraph (3) and any subsequent modifications to such 
                application.
            ``(2) Dissemination grants.--
                    ``(A) In general.--In addition to awarding the 
                multiyear grants described in paragraph (1), the 
                Secretary may award grants under subsection (c) to 
                eligible entities for the dissemination of exemplary 
                materials or programs assisted under this section.
                    ``(B) Determination.--The Secretary may award a 
                dissemination grant described in this paragraph if, 
                prior to awarding the grant, the Secretary determines 
                that the material or program to be disseminated--
                            ``(i) has been adequately reviewed;
                            ``(ii) has demonstrated educational merit; 
                        and
                            ``(iii) can be replicated.
            ``(3) Application.--
                    ``(A) In general.--Any eligible entity that desires 
                to receive a grant under this section shall submit an 
                application to the Secretary at such time and in such 
                manner as the Secretary may reasonably require.
                    ``(B) Contents.--Each application submitted to the 
                Secretary under subparagraph (A), other than an 
                application for a dissemination grant under paragraph 
                (2), shall contain--
                            ``(i) a description of how parents of 
                        Indian children and representatives of Indian 
                        tribes have been, and will be, involved in 
                        developing and implementing the activities for 
                        which assistance is sought;
                            ``(ii) assurances that the applicant will 
                        participate, at the request of the Secretary, 
                        in any national evaluation of activities 
                        assisted under this section;
                            ``(iii) information demonstrating that the 
                        proposed program for the activities is an 
                        evidence-based program, which may include a 
                        program that has been modified to be culturally 
                        appropriate for students who will be served; 
                        and
                            ``(iv) a description of how the applicant 
                        will incorporate the proposed activities into 
                        the ongoing school program involved once the 
                        grant period is over.
    ``(e) Administrative Costs.--Not more than 5 percent of the funds 
provided to a grantee under this chapter for any fiscal year may be 
used for administrative purposes.

``SEC. 1272. PROFESSIONAL DEVELOPMENT FOR TEACHERS AND EDUCATION 
              PROFESSIONALS.

    ``(a) Purposes.--The purposes of this section are--
            ``(1) to increase the number of qualified Indian teachers, 
        school leaders, or other education professionals serving Indian 
        students, including through recruitment strategies;
            ``(2) to provide training to qualified Indian individuals 
        to enable such individuals to become effective teachers, school 
        leaders, administrators, teacher aides, social workers, and 
        ancillary educational personnel; and
            ``(3) to improve the skills of qualified Indian individuals 
        who serve in the capacities described in paragraph (2).
    ``(b) Eligible Entities.--For the purpose of this section, the term 
`eligible entity' means--
            ``(1) an institution of higher education, including an 
        Indian institution of higher education;
            ``(2) a State educational agency or local educational 
        agency, in consortium with an institution of higher education;
            ``(3) an Indian tribe or organization, in consortium with 
        an institution of higher education; and
            ``(4) a Bureau-funded school (as defined in section 1146 of 
        the Education Amendments of 1978).
    ``(c) Program Authorized.--The Secretary is authorized to award 
grants from funds reserved under section 1271(c)(1) to eligible 
entities having applications approved under this section to enable 
those entities to carry out the activities described in subsection (d).
    ``(d) Authorized Activities.--
            ``(1) In general.--Grant funds under this section shall be 
        used for activities to provide support and training for Indian 
        individuals in a manner consistent with the purposes of this 
        section.
            ``(2) Special rules.--
                    ``(A) Type of training.--For education personnel, 
                the training received pursuant to a grant under this 
                section may be inservice or preservice training.
                    ``(B) Program.--For individuals who are being 
                trained to enter any education-related field other than 
                teaching, the training received pursuant to a grant 
                under this section shall be in a program that results 
                in a graduate degree.
    ``(e) Application.--Each eligible entity desiring a grant under 
this section shall submit an application to the Secretary at such time 
and in such manner as the Secretary may reasonable require. An 
application shall include how the eligible entity will--
            ``(1) recruit qualified Indian individuals, such as 
        students who may not be of traditional college age, to become 
        teachers or school leaders;
            ``(2) use funds made available under the grant to support 
        the recruitment, preparation, and professional development of 
        Indian teachers or school leaders in local educational agencies 
        that serve a high proportion of Indian students; and
            ``(3) assist participants in meeting the requirements under 
        subsection (h).
    ``(f) Special Rule.--In awarding grants under this section, the 
Secretary--
            ``(1) shall consider the prior performance of the eligible 
        entity; and
            ``(2) may not limit eligibility to receive a grant under 
        this section on the basis of--
                    ``(A) the number of previous grants the Secretary 
                has awarded such entity; or
                    ``(B) the length of any period during which such 
                entity received such grants.
    ``(g) Grant Period.--Each grant under this section shall be awarded 
for an initial period of not more than three years, and may be renewed 
for not more than an additional two years if the Secretary finds that 
the grantee is meeting the grant objectives.
    ``(h) Service Obligation.--
            ``(1) In general.--The Secretary shall require, by 
        regulation, that an individual who receives training pursuant 
        to a grant made under this section--
                    ``(A) perform work--
                            ``(i) related to the training received 
                        under this section; and
                            ``(ii) that benefits Indian people; or
                    ``(B) repay all or a prorated part of the 
                assistance received.
            ``(2) Reporting.--The Secretary shall establish, by 
        regulation, a reporting procedure under which a grant recipient 
        under this section shall, not later than 12 months after the 
        date of completion of the training, and periodically 
        thereafter, provide information concerning compliance with the 
        work requirement under paragraph (1).

                  ``CHAPTER C--FEDERAL ADMINISTRATION

``SEC. 1281. NATIONAL ADVISORY COUNCIL ON INDIAN EDUCATION.

    ``(a) Membership.--There is established a National Advisory Council 
on Indian Education (hereafter in this section referred to as the 
`Council'), which shall--
            ``(1) consist of 15 Indian members, who shall be appointed 
        by the President from lists of nominees furnished, from time to 
        time, by Indian tribes and organizations; and
            ``(2) represent different geographic areas of the United 
        States.
    ``(b) Duties.--The Council shall--
            ``(1) advise the Secretary concerning the funding and 
        administration (including the development of regulations and 
        administrative policies and practices) of any program, 
        including any program established under this subpart--
                    ``(A) with respect to which the Secretary has 
                jurisdiction; and
                    ``(B)(i) that includes Indian children or adults as 
                participants; or
                            ``(ii) that may benefit Indian children or 
                        adults;
            ``(2) make recommendations to the Secretary for filling the 
        position of Director of Indian Education whenever a vacancy 
        occurs; and
            ``(3) submit to Congress, not later than June 30 of each 
        year, a report on the activities of the Council, including--
                    ``(A) any recommendations that the Council 
                considers appropriate for the improvement of Federal 
                education programs that include Indian children or 
                adults as participants, or that may benefit Indian 
                children or adults; and
                    ``(B) recommendations concerning the funding of any 
                program described in subparagraph (A).

``SEC. 1282. PEER REVIEW.

    ``The Secretary may use a peer review process to review 
applications submitted to the Secretary under chapter B.

``SEC. 1283. PREFERENCE FOR INDIAN APPLICANTS.

    ``In making grants and entering into contracts or cooperative 
agreements under chapter B, the Secretary shall give a preference to 
Indian tribes, organizations, and institutions of higher education 
under any program with respect to which Indian tribes, organizations, 
and institutions are eligible to apply for grants, contracts, or 
cooperative agreements.

``SEC. 1284. MINIMUM GRANT CRITERIA.

    ``The Secretary may not approve an application for a grant, 
contract, or cooperative agreement under chapter B unless the 
application is for a grant, contract, or cooperative agreement that 
is--
            ``(1) of sufficient size, scope, and quality to achieve the 
        purpose or objectives of such grant, contract, or cooperative 
        agreement; and
            ``(2) based on relevant research findings.

                        ``CHAPTER D--DEFINITIONS

``SEC. 1291. DEFINITIONS.

    ``For the purposes of this subpart:
            ``(1) Adult.--The term `adult' means an individual who--
                    ``(A) has attained the age of 16 years; or
                    ``(B) has attained an age that is greater than the 
                age of compulsory school attendance under an applicable 
                State law.
            ``(2) Alaska native.--The term `Alaska Native' has the same 
        meaning as the term `Native' has in section 3(b) of the Alaska 
        Native Claims Settlement Act.
            ``(3) Free public education.--The term `free public 
        education' means education that is--
                    ``(A) provided at public expense, under public 
                supervision and direction, and without tuition charge; 
                and
                    ``(B) provided as elementary or secondary education 
                in the applicable State or to preschool children.
            ``(4) Indian.--The term `Indian' means an individual who 
        is--
                    ``(A) a member of an Indian tribe or band, as 
                membership is defined by the tribe or band, including--
                            ``(i) any tribe or band terminated since 
                        1940; and
                            ``(ii) any tribe or band recognized by the 
                        State in which the tribe or band resides;
                    ``(B) a descendant, in the first or second degree, 
                of an individual described in subparagraph (A);
                    ``(C) considered by the Secretary of the Interior 
                to be an Indian for any purpose;
                    ``(D) an Eskimo, Aleut, or other Alaska Native; or
                    ``(E) a member of an organized Indian group that 
                received a grant under the Indian Education Act of 1988 
                as in effect the day preceding the date of enactment of 
                the Improving America's Schools Act of 1994.''.
    (b) Strike.--The Act is amended by striking title VII (20 U.S.C. 
7401 et seq.).

                    Subtitle D--National Assessment

SEC. 141. NATIONAL ASSESSMENT OF TITLE I.

    (a) In General.--Part E of title I (20 U.S.C. 6491 et seq.) is 
redesignated as part B of title I.
    (b) Repeals.--Sections 1502 and 1504 (20 U.S.C. 6492; 6494) are 
repealed.
    (c) Redesignations.--Sections 1501 and 1503 (20 U.S.C. 6491; 6493) 
are redesignated as sections 1301 and 1302, respectively.
    (d) Amendments to Section 1301.--Section 1301 (20 U.S.C. 6491), as 
so redesignated, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by inserting ``, acting 
                through the Director of the Institute of Education 
                Sciences (in this section and section 1302 referred to 
                as the `Director'),'' after ``The Secretary'';
                    (B) in paragraph (2)--
                            (i) by striking ``Secretary'' and inserting 
                        ``Director'';
                            (ii) in subparagraph (A), by striking 
                        ``reaching the proficient level'' and all that 
                        follows and inserting ``graduating high school 
                        prepared for postsecondary education or the 
                        workforce.'';
                            (iii) in subparagraph (B), by striking 
                        ``reach the proficient'' and all that follows 
                        and inserting ``meet State academic 
                        standards.'';
                            (iv) by striking subparagraphs (D) and (G) 
                        and redesignating subparagraphs (E), (F), and 
                        (H) through (O) as subparagraphs (D) through 
                        (M), respectively;
                            (v) in subparagraph (D)(v) (as so 
                        redesignated), by striking ``help schools in 
                        which'' and all that follows and inserting 
                        ``address disparities in the percentages of 
                        effective teachers teaching in low-income 
                        schools.''
                            (vi) in subparagraph (G) (as so 
                        redesignated)--
                                    (I) by striking ``section 1116'' 
                                and inserting ``section 
                                1111(b)(3)(B)(iii)''; and
                                    (II) by striking ``, including the 
                                following'' and all that follows and 
                                inserting a period;
                            (vii) in subparagraph (I) (as so 
                        redesignated), by striking ``qualifications'' 
                        and inserting ``effectiveness'';
                            (viii) in subparagraph (J) (as so 
                        redesignated), by striking ``, including funds 
                        under section 1002,'';
                            (ix) in subparagraph (L) (as so 
                        redesignated), by striking ``section 
                        1111(b)(2)(C)(v)(II)'' and inserting ``section 
                        1111(b)(3)(B)(ii)(II)''; and
                            (x) in subparagraph (M) (as so 
                        redesignated), by striking ``Secretary'' and 
                        inserting ``Director'';
                    (C) in paragraph (3), by striking ``Secretary'' and 
                inserting ``Director'';
                    (D) in paragraph (4), by striking ``Secretary'' and 
                inserting ``Director'';
                    (E) in paragraph (5), by striking ``Secretary'' and 
                inserting ``Director''; and
                    (F) in paragraph (6)--
                            (i) by striking ``No Child Left Behind Act 
                        of 2001'' each place it appears and inserting 
                        ``Student Success Act''; and
                            (ii) by striking ``Secretary'' each place 
                        it appears and inserting ``Director'';
            (2) in subsection (b), by striking ``Secretary'' each place 
        it appears and inserting ``Director'';
            (3) in subsection (c)--
                    (A) in paragraph (1)--
                            (i) by striking ``Secretary'' and inserting 
                        ``Director''; and
                            (ii) by striking ``part A'' and inserting 
                        ``subpart 1 of part A'';
                    (B) in paragraph (2)--
                            (i) by striking ``Secretary'' and inserting 
                        ``Director'';
                            (ii) in subparagraph (B), by striking 
                        ``challenging academic achievement standards'' 
                        and inserting ``State academic standards'';
                            (iii) in subparagraph (E), by striking 
                        ``effects of the availability'' and all that 
                        follows and inserting ``extent to which actions 
                        authorized under section 1111(b)(3)(B)(iii) 
                        improve the academic achievement of 
                        disadvantaged students and low-performing 
                        schools.''; and
                            (iv) in subparagraph (F), by striking 
                        ``Secretary'' and inserting ``Director''; and
                    (C) in paragraph (3)--
                            (i) by striking ``Secretary'' and inserting 
                        ``Director''; and
                            (ii) by striking subparagraph (C) and 
                        inserting the following:
                    ``(C) analyzes varying models or strategies for 
                delivering school services, including schoolwide and 
                targeted services.''; and
            (4) in subsection (d), by striking ``Secretary'' each place 
        it appears and inserting ``Director''.
    (e) Amendments to Section 1302.--Section 1302 (20 U.S.C. 6493), as 
so redesignated, is amended--
            (1) in subsection (a)--
                    (A) by striking ``Secretary'' and inserting 
                ``Director''; and
                    (B) by striking ``and for making decisions about 
                the promotion and graduation of students'';
            (2) in subsection (b)--
                    (A) by striking ``Secretary'' the first place it 
                appears and inserting ``Director'';
                    (B) by striking ``process,'' and inserting 
                ``process consistent with section 1206,''; and
                    (C) by striking ``Assistant Secretary of 
                Educational Research and Improvement'' and inserting 
                ``Director'';
            (3) in subsection (d)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A), by striking ``to 
                        the State-defined level of proficiency'' and 
                        inserting ``toward meeting the State academic 
                        standards''; and
                            (ii) in subparagraph (C), by striking 
                        ``pupil-services'' and inserting ``specialized 
                        instructional support services'';
                    (B) in paragraph (3), by striking ``limited and 
                nonlimited English proficient students'' and inserting 
                ``English learners''; and
                    (C) in paragraph (6), by striking ``Secretary'' and 
                inserting ``Director''; and
            (4) in subsection (f)--
                    (A) by striking ``Secretary'' and inserting 
                ``Director''; and
                    (B) by striking ``authorized to be appropriated for 
                this part'' and inserting ``appropriated under section 
                3(a)(2)''.

                 Subtitle E--Title I General Provisions

SEC. 151. GENERAL PROVISIONS FOR TITLE I.

    Part I of title I (20 U.S.C. 6571 et seq.)--
            (1) is transferred to and redesignated as part C of title I 
        of the Act; and
            (2) is amended to read as follows:

                      ``PART C--GENERAL PROVISIONS

``SEC. 1401. FEDERAL REGULATIONS.

    ``(a) In General.--The Secretary may, in accordance with 
subsections (b) through (d), issue such regulations as are necessary to 
reasonably ensure there is compliance with this title.
    ``(b) Negotiated Rulemaking Process.--
            ``(1) In general.--Before publishing in the Federal 
        Register proposed regulations to carry out this title, the 
        Secretary shall obtain the advice and recommendations of 
        representatives of Federal, State, and local administrators, 
        parents, teachers, and members of local school boards and other 
        organizations involved with the implementation and operation of 
        programs under this title.
            ``(2) Meetings and electronic exchange.--Such advice and 
        recommendations may be obtained through such mechanisms as 
        regional meetings and electronic exchanges of information.
            ``(3) Proposed regulations.--After obtaining such advice 
        and recommendations, and before publishing proposed 
        regulations, the Secretary shall--
                    ``(A) establish a negotiated rulemaking process;
                    ``(B) select individuals to participate in such 
                process from among individuals or groups that provided 
                advice and recommendations, including representation 
                from all geographic regions of the United States, in 
                such numbers as will provide an equitable balance 
                between representatives of parents and students and 
                representatives of educators and education officials; 
                and
                    ``(C) prepare a draft of proposed policy options 
                that shall be provided to the individuals selected by 
                the Secretary under subparagraph (B) not less than 15 
                days before the first meeting under such process.
    ``(c) Proposed Rulemaking.--If the Secretary determines that a 
negotiated rulemaking process is unnecessary or the individuals 
selected to participate in the process under paragraph (3)(B) fail to 
reach unanimous agreement, the Secretary may propose regulations under 
the following procedure:
            ``(1) Not less than 30 days prior to beginning a rulemaking 
        process, the Secretary shall provide to Congress, including the 
        Committee on Education and the Workforce of the House of 
        Representatives and the Committee on Health, Education, Labor, 
        and Pensions of the Senate, notice that shall include--
                    ``(A) a copy of the proposed regulations;
                    ``(B) the need to issue regulations;
                    ``(C) the anticipated burden the regulations will 
                have on State educational agencies, local educational 
                agencies, schools, and other entities that may be 
                impacted by the regulations; and
                    ``(D) any regulations that will be repealed when 
                the new regulations are issued.
            ``(2) 30 days after giving notice of the proposed rule to 
        Congress, the Secretary may proceed with the rulemaking process 
        after addressing all comments received from the Congress and 
        publishing how such comments are addressed with the proposed 
        rule.
            ``(3) The comment and review period for any proposed 
        regulation shall be 90 days unless an emergency requires a 
        shorter period, in which case such period shall be not less 
        than 45 days and the Secretary shall--
                    ``(A) designate the proposed regulation as an 
                emergency with an explanation of the emergency in the 
                notice and report to Congress under paragraph (1); and
                    ``(B) publish the length of the comment and review 
                period in such notice and in the Federal Register.
            ``(4) No regulation shall be made final after the comment 
        and review period until the Secretary has published in the 
        Federal Register an independent assessment of--
                    ``(A) the burden, including the cost burden, the 
                regulation will impose on State educational agencies, 
                local educational agencies, schools and other entities 
                that may be impacted by the regulation; and
                    ``(B) an explanation of how the entities described 
                in subparagraph (A) may pay for implementing the new 
                regulation.
    ``(d) Limitation.--Regulations to carry out this title may not 
require local programs to follow a particular instructional model, such 
as the provision of services outside the regular classroom or school 
program.

``SEC. 1402. AGREEMENTS AND RECORDS.

    ``(a) Agreements.--In the case in which a negotiated rule making 
process is established under subsection (b) of section 1401, all 
published proposed regulations shall conform to agreements that result 
from the rulemaking described in section 1401 unless the Secretary 
reopens the negotiated rulemaking process.
    ``(b) Records.--The Secretary shall ensure that an accurate and 
reliable record of agreements reached during the negotiations process 
is maintained.

``SEC. 1403. STATE ADMINISTRATION.

    ``(a) Rulemaking.--
            ``(1) In general.--Each State that receives funds under 
        this title shall--
                    ``(A) ensure that any State rules, regulations, and 
                policies relating to this title conform to the purposes 
                of this title and provide any such proposed rules, 
                regulations, and policies to the committee of 
                practitioners created under subsection (b) for review 
                and comment;
                    ``(B) minimize such rules, regulations, and 
                policies to which the State's local educational 
                agencies and schools are subject;
                    ``(C) eliminate or modify State and local fiscal 
                accounting requirements in order to facilitate the 
                ability of schools to consolidate funds under 
                schoolwide programs;
                    ``(D) identify any such rule, regulation, or policy 
                as a State-imposed requirement; and
                    ``(E)(i) identify any duplicative or contrasting 
                requirements between the State and Federal rules or 
                regulations;
                    ``(ii) eliminate the rules and regulations that are 
                duplicative of Federal requirements; and
                    ``(iii) report any conflicting requirements to the 
                Secretary and determine which Federal or State rule or 
                regulation shall be followed.
            ``(2) Support and facilitation.--State rules, regulations, 
        and policies under this title shall support and facilitate 
        local educational agency and school-level systemic reform 
        designed to enable all children to meet the State academic 
        standards.
    ``(b) Committee of Practitioners.--
            ``(1) In general.--Each State educational agency that 
        receives funds under this title shall create a State committee 
        of practitioners to advise the State in carrying out its 
        responsibilities under this title.
            ``(2) Membership.--Each such committee shall include--
                    ``(A) as a majority of its members, representatives 
                from local educational agencies;
                    ``(B) administrators, including the administrators 
                of programs described in other parts of this title;
                    ``(C) teachers from public charter schools, 
                traditional public schools, and career and technical 
                educators;
                    ``(D) parents;
                    ``(E) members of local school boards;
                    ``(F) representatives of private school children; 
                and
                    ``(G) specialized instructional support personnel.
            ``(3) Duties.--The duties of such committee shall include a 
        review, before publication, of any proposed or final State rule 
        or regulation pursuant to this title. In an emergency situation 
        where such rule or regulation must be issued within a very 
        limited time to assist local educational agencies with the 
        operation of the program under this title, the State 
        educational agency may issue a regulation without prior 
        consultation, but shall immediately thereafter convene the 
        State committee of practitioners to review the emergency 
        regulation before issuance in final form.

``SEC. 1404. RULE OF CONSTRUCTION ON EQUALIZED SPENDING.

    ``Nothing in this title shall be construed to mandate equalized 
spending per pupil for a State, local educational agency, or school.''.

                TITLE II--GENERAL PROVISIONS FOR THE ACT

SEC. 201. GENERAL PROVISIONS FOR THE ACT.

    (a) Amending Title V.--Title V (20 U.S.C. 7201 et seq.) is amended 
to read as follows:

                     ``TITLE V--GENERAL PROVISIONS

                         ``Part A--Definitions

``SEC. 5101. DEFINITIONS.

    ``Except as otherwise provided, in this Act:
            ``(1) Average daily attendance.--
                    ``(A) In general.--Except as provided otherwise by 
                State law or this paragraph, the term `average daily 
                attendance' means--
                            ``(i) the aggregate number of days of 
                        attendance of all students during a school 
                        year; divided by
                            ``(ii) the number of days school is in 
                        session during that year.
                    ``(B) Conversion.--The Secretary shall permit the 
                conversion of average daily membership (or other 
                similar data) to average daily attendance for local 
                educational agencies in States that provide State aid 
                to local educational agencies on the basis of average 
                daily membership (or other similar data).
                    ``(C) Special rule.--If the local educational 
                agency in which a child resides makes a tuition or 
                other payment for the free public education of the 
                child in a school located in another school district, 
                the Secretary shall, for the purpose of this Act--
                            ``(i) consider the child to be in 
                        attendance at a school of the agency making the 
                        payment; and
                            ``(ii) not consider the child to be in 
                        attendance at a school of the agency receiving 
                        the payment.
                    ``(D) Children with disabilities.--If a local 
                educational agency makes a tuition payment to a private 
                school or to a public school of another local 
                educational agency for a child with a disability, as 
                defined in section 602 of the Individuals with 
                Disabilities Education Act, the Secretary shall, for 
                the purpose of this Act, consider the child to be in 
                attendance at a school of the agency making the 
                payment.
            ``(2) Average per-pupil expenditure.--The term `average 
        per-pupil expenditure' means, in the case of a State or of the 
        United States--
                    ``(A) without regard to the source of funds--
                            ``(i) the aggregate current expenditures, 
                        during the third fiscal year preceding the 
                        fiscal year for which the determination is made 
                        (or, if satisfactory data for that year are not 
                        available, during the most recent preceding 
                        fiscal year for which satisfactory data are 
                        available) of all local educational agencies in 
                        the State or, in the case of the United States, 
                        for all States (which, for the purpose of this 
                        paragraph, means the 50 States and the District 
                        of Columbia); plus
                            ``(ii) any direct current expenditures by 
                        the State for the operation of those agencies; 
                        divided by
                    ``(B) the aggregate number of children in average 
                daily attendance to whom those agencies provided free 
                public education during that preceding year.
            ``(3) Charter school.--The term `charter school' means a 
        public school that--
                    ``(A) in accordance with a specific State statute 
                authorizing the granting of charters to schools, is 
                exempt from significant State or local rules that 
                inhibit the flexible operation and management of public 
                schools, but not from any rules relating to the other 
                requirements of this paragraph;
                    ``(B) is created by a developer as a public school, 
                or is adapted by a developer from an existing public 
                school, and is operated under public supervision and 
                direction;
                    ``(C) operates in pursuit of a specific set of 
                educational objectives determined by the school's 
                developer and agreed to by the authorized public 
                chartering agency;
                    ``(D) provides a program of elementary or secondary 
                education, or both;
                    ``(E) is nonsectarian in its programs, admissions 
                policies, employment practices, and all other 
                operations;
                    ``(F) does not charge tuition;
                    ``(G) complies with the Age Discrimination Act of 
                1975, title VI of the Civil Rights Act of 1964, title 
                IX of the Education Amendments of 1972, section 504 of 
                the Rehabilitation Act of 1973, and part B of the 
                Individuals with Disabilities Education Act;
                    ``(H) is a school to which parents choose to send 
                their children, and that admits students on the basis 
                of a lottery, if more students apply for admission than 
                can be accommodated;
                    ``(I) agrees to comply with the same Federal and 
                State audit requirements as do other elementary schools 
                and secondary schools in the State, unless such 
                requirements are specifically waived for the purpose of 
                this program;
                    ``(J) meets all applicable Federal, State, and 
                local health and safety requirements;
                    ``(K) operates in accordance with State law;
                    ``(L) has a written performance contract with the 
                authorized public chartering agency in the State that 
                includes a description of how student performance will 
                be measured in charter schools pursuant to State 
                assessments that are required of other schools and 
                pursuant to any other assessments mutually agreeable to 
                the authorized public chartering agency and the charter 
                school; and
                    ``(M) may serve pre-kindergarten or postsecondary 
                school students.
            ``(4) Child.--The term `child' means any person within the 
        age limits for which the State provides free public education.
            ``(5) Child with a disability.--The term `child with a 
        disability' has the same meaning given that term in section 602 
        of the Individuals with Disabilities Education Act.
            ``(6) Community-based organization.--The term `community-
        based organization' means a public or private nonprofit 
        organization of demonstrated effectiveness that--
                    ``(A) is representative of a community or 
                significant segments of a community; and
                    ``(B) provides educational or related services to 
                individuals in the community.
            ``(7) Consolidated local application.--The term 
        `consolidated local application' means an application submitted 
        by a local educational agency pursuant to section 5305.
            ``(8) Consolidated local plan.--The term `consolidated 
        local plan' means a plan submitted by a local educational 
        agency pursuant to section 5305.
            ``(9) Consolidated state application.--The term 
        `consolidated State application' means an application submitted 
        by a State educational agency pursuant to section 5302.
            ``(10) Consolidated state plan.--The term `consolidated 
        State plan' means a plan submitted by a State educational 
        agency pursuant to section 5302.
            ``(11) Core academic subjects.--The term `core academic 
        subjects' means English, reading or language arts, mathematics, 
        science, foreign languages, civics and government, economics, 
        arts, history, and geography.
            ``(12) County.--The term `county' means one of the 
        divisions of a State used by the Secretary of Commerce in 
        compiling and reporting data regarding counties.
            ``(13) Covered program.--The term `covered program' means 
        each of the programs authorized by--
                    ``(A) part A of title I;
                    ``(B) title II; and
                    ``(C) title III.
            ``(14) Current expenditures.--The term `current 
        expenditures' means expenditures for free public education--
                    ``(A) including expenditures for administration, 
                instruction, attendance and health services, pupil 
                transportation services, operation and maintenance of 
                plant, fixed charges, and net expenditures to cover 
                deficits for food services and student body activities; 
                but
                    ``(B) not including expenditures for community 
                services, capital outlay, and debt service, or any 
                expenditures made from funds received under title I.
            ``(15) Department.--The term `Department' means the 
        Department of Education.
            ``(16) Direct student services.--The term `direct student 
        services' means public school choice or high-quality academic 
        tutoring that are designed to help increase academic 
        achievement for students.
            ``(17) Distance education.--The term `distance education' 
        means the use of one or more technologies to deliver 
        instruction to students who are separated from the instructor 
        and to support regular and substantive interaction between the 
        students and the instructor synchronously or nonsynchronously.
            ``(18) Educational service agency.--The term `educational 
        service agency' means a regional public multiservice agency 
        authorized by State statute to develop, manage, and provide 
        services or programs to local educational agencies.
            ``(19) Elementary school.--The term `elementary school' 
        means a nonprofit institutional day or residential school, 
        including a public elementary charter school, that provides 
        elementary education, as determined under State law.
            ``(20) English learner.--The term `English learner', when 
        used with respect to an individual, means an individual--
                    ``(A) who is aged 3 through 21;
                    ``(B) who is enrolled or preparing to enroll in an 
                elementary school or secondary school;
                    ``(C)(i) who was not born in the United States or 
                whose native language is a language other than English;
                    ``(ii)(I) who is a Native American or Alaska 
                Native, or a native resident of the outlying areas; and
                    ``(II) who comes from an environment where a 
                language other than English has had a significant 
                impact on the individual's level of English language 
                proficiency; or
                            ``(iii) who is migratory, whose native 
                        language is a language other than English, and 
                        who comes from an environment where a language 
                        other than English is dominant; and
                    ``(D) whose difficulties in speaking, reading, 
                writing, or understanding the English language may be 
                sufficient to deny the individual--
                            ``(i) the ability to meet the State's 
                        academic standards described in section 1111;
                            ``(ii) the ability to successfully achieve 
                        in classrooms where the language of instruction 
                        is English; or
                            ``(iii) the opportunity to participate 
                        fully in society.
            ``(21) Extended-year adjusted cohort graduation rate.--
                    ``(A) In general.--The term `extended-year adjusted 
                cohort graduation rate' means the ratio where--
                            ``(i) the denominator consists of the 
                        number of students who form the original cohort 
                        of students who entered the entry grade 
                        together in the entry year of high school, 
                        adjusted by--
                                    ``(I) adding the students who 
                                joined that cohort, after the time of 
                                the determination of the original 
                                cohort; and
                                    ``(II) subtracting only those 
                                students who left that cohort, after 
                                the time of the determination of the 
                                original cohort; and
                            ``(ii) the numerator consists of the number 
                        of students in the cohort, as adjusted under 
                        clause (i), who earned a regular high school 
                        diploma before, during, or at the conclusion 
                        of--
                                    ``(I) one or more additional years 
                                beyond the fourth year of high school; 
                                or
                                    ``(II) a summer session immediately 
                                following the additional year of high 
                                school.
                    ``(B) Cohort removal.--To remove a student from a 
                cohort, a school or local educational agency shall 
                require documentation to confirm that the student has 
                transferred out, emigrated to another country, 
                transferred to a prison or juvenile facility, or is 
                deceased.
                    ``(C) Transferred out.--
                            ``(i) In general.--For purposes of this 
                        paragraph, the term `transferred out' means a 
                        student who the high school or local 
                        educational agency has confirmed, according to 
                        clause (ii), has transferred--
                                    ``(I) to another school from which 
                                the student is expected to receive a 
                                regular high school diploma; or
                                    ``(II) to another educational 
                                program from which the student is 
                                expected to receive a regular high 
                                school diploma.
                            ``(ii) Confirmation requirements.--
                                    ``(I) Documentation required.--The 
                                confirmation of a student's transfer to 
                                another school or educational program 
                                described in clause (i) requires 
                                documentation from the receiving school 
                                or program that the student enrolled in 
                                the receiving school or program.
                                    ``(II) Lack of confirmation.--A 
                                student who was enrolled, but for whom 
                                there is no confirmation of the student 
                                having transferred out, shall remain in 
                                the extended-year adjusted cohort.
                            ``(iii) Programs not providing credit.--A 
                        student who is retained in grade or who is 
                        enrolled in a GED or other alternative 
                        educational program that does not issue or 
                        provide credit toward the issuance of a regular 
                        high school diploma shall not be considered 
                        transferred out and shall remain in the 
                        extended-year adjusted cohort.
                    ``(D) Special rule.--For those high schools that 
                start after grade 9, the original cohort shall be 
                calculated for the earliest high school grade students 
                attend no later than the effective date for student 
                membership data submitted annually by State educational 
                agencies to the National Center for Education 
                Statistics pursuant to section 153 of the Education 
                Sciences Reform Act.
            ``(22) Family literacy services.--The term `family literacy 
        services' means services provided to participants on a 
        voluntary basis that are of sufficient intensity in terms of 
        hours, and of sufficient duration, to make sustainable changes 
        in a family, and that integrate all of the following 
        activities:
                    ``(A) Interactive literacy activities between 
                parents and their children.
                    ``(B) Training for parents regarding how to be the 
                primary teacher for their children and full partners in 
                the education of their children.
                    ``(C) Parent literacy training that leads to 
                economic self-sufficiency.
                    ``(D) An age-appropriate education to prepare 
                children for success in school and life experiences.
            ``(23) Four-year adjusted cohort graduation rate.--
                    ``(A) In general.--The term `four-year adjusted 
                cohort graduation rate' means the ratio where--
                            ``(i) the denominator consists of the 
                        number of students who form the original cohort 
                        of entering first-time 9th grade students 
                        enrolled in the high school no later than the 
                        effective date for student membership data 
                        submitted annually by State educational 
                        agencies to the National Center for Education 
                        Statistics pursuant to section 153 of the 
                        Education Sciences Reform Act, adjusted by--
                                    ``(I) adding the students who 
                                joined that cohort, after the time of 
                                the determination of the original 
                                cohort; and
                                    ``(II) subtracting only those 
                                students who left that cohort, after 
                                the time of the determination of the 
                                original cohort, as described in 
                                subparagraph (B); and
                            ``(ii) the numerator consists of the number 
                        of students in the cohort, as adjusted under 
                        clause (i), who earned a regular high school 
                        diploma before, during, or at the conclusion 
                        of--
                                    ``(I) the fourth year of high 
                                school; or
                                    ``(II) a summer session immediately 
                                following the fourth year of high 
                                school.
                    ``(B) Cohort removal.--To remove a student from a 
                cohort, a school or local educational agency shall 
                require documentation to confirm that the student has 
                transferred out, emigrated to another country, 
                transferred to a prison or juvenile facility, or is 
                deceased.
                    ``(C) Transferred out.--
                            ``(i) In general.--For purposes of this 
                        paragraph, the term `transferred out' means a 
                        student who the high school or local 
                        educational agency has confirmed, according to 
                        clause (ii), has transferred--
                                    ``(I) to another school from which 
                                the student is expected to receive a 
                                regular high school diploma; or
                                    ``(II) to another educational 
                                program from which the student is 
                                expected to receive a regular high 
                                school diploma.
                            ``(ii) Confirmation requirements.--
                                    ``(I) Documentation required.--The 
                                confirmation of a student's transfer to 
                                another school or educational program 
                                described in clause (i) requires 
                                documentation from the receiving school 
                                or program that the student enrolled in 
                                the receiving school or program.
                                    ``(II) Lack of confirmation.--A 
                                student who was enrolled, but for whom 
                                there is no confirmation of the student 
                                having transferred out, shall remain in 
                                the adjusted cohort.
                            ``(iii) Programs not providing credit.--A 
                        student who is retained in grade or who is 
                        enrolled in a GED or other alternative 
                        educational program that does not issue or 
                        provide credit toward the issuance of a regular 
                        high school diploma shall not be considered 
                        transferred out and shall remain in the 
                        adjusted cohort.
                    ``(D) Special rule.--For those high schools that 
                start after grade 9, the original cohort shall be 
                calculated for the earliest high school grade students 
                attend no later than the effective date for student 
                membership data submitted annually by State educational 
                agencies to the National Center for Education 
                Statistics pursuant to section 153 of the Education 
                Sciences Reform Act.
            ``(24) Free public education.--The term `free public 
        education' means education that is provided--
                    ``(A) at public expense, under public supervision 
                and direction, and without tuition charge; and
                    ``(B) as elementary school or secondary school 
                education as determined under applicable State law, 
                except that the term does not include any education 
                provided beyond grade 12.
            ``(25) Graduation rate.--The term `graduation rate' means 
        the adjusted cohort graduation rate.
            ``(26) High-quality academic tutoring.--The term `high-
        quality academic tutoring' means supplemental academic services 
        that--
                    ``(A) are in addition to instruction provided 
                during the school day;
                    ``(B) are provided by a non-governmental entity or 
                local educational agency that--
                            ``(i) is included on a State educational 
                        agency approved provider list after 
                        demonstrating to the State educational agency 
                        that its program consistently improves the 
                        academic achievement of students; and
                            ``(ii) agrees to provide parents of 
                        children receiving high-quality academic 
                        tutoring, the appropriate local educational 
                        agency, and school with information on 
                        participating students increases in academic 
                        achievement, in a format, and to the extent 
                        practicable, a language that such parent can 
                        understand, and in a manner that protects the 
                        privacy of individuals consistent with section 
                        444 of the General Education Provisions Act (20 
                        U.S.C. 1232g);
                    ``(C) are selected by the parents of students who 
                are identified by the local educational agency as being 
                eligible for such services from among providers on the 
                approved provider list described in subparagraph 
                (B)(i);
                    ``(D) meet all applicable Federal, State, and local 
                health, safety, and civil rights laws; and
                    ``(E) ensure that all instruction and content are 
                secular, neutral, and non-ideological.
            ``(27) High school.--The term `high school' means a 
        secondary school that--
                    ``(A) grants a diploma, as defined by the State; 
                and
                    ``(B) includes, at least, grade 12.
            ``(28) Institution of higher education.--The term 
        `institution of higher education' has the meaning given that 
        term in section 101(a) of the Higher Education Act of 1965.
            ``(29) Local educational agency.--
                    ``(A) In general.--The term `local educational 
                agency' means a public board of education or other 
                public authority legally constituted within a State for 
                either administrative control or direction of, or to 
                perform a service function for, public elementary 
                schools or secondary schools in a city, county, 
                township, school district, or other political 
                subdivision of a State, or of or for a combination of 
                school districts or counties that is recognized in a 
                State as an administrative agency for its public 
                elementary schools or secondary schools.
                    ``(B) Administrative control and direction.--The 
                term includes any other public institution or agency 
                having administrative control and direction of a public 
                elementary school or secondary school.
                    ``(C) BIE schools.--The term includes an elementary 
                school or secondary school funded by the Bureau of 
                Indian Education but only to the extent that including 
                the school makes the school eligible for programs for 
                which specific eligibility is not provided to the 
                school in another provision of law and the school does 
                not have a student population that is smaller than the 
                student population of the local educational agency 
                receiving assistance under this Act with the smallest 
                student population, except that the school shall not be 
                subject to the jurisdiction of any State educational 
                agency other than the Bureau of Indian Education.
                    ``(D) Educational service agencies.--The term 
                includes educational service agencies and consortia of 
                those agencies.
                    ``(E) State educational agency.--The term includes 
                the State educational agency in a State in which the 
                State educational agency is the sole educational agency 
                for all public schools.
            ``(30) Native american and native american language.--The 
        terms `Native American' and `Native American language' have the 
        same meaning given those terms in section 103 of the Native 
        American Languages Act of 1990.
            ``(31) Other staff.--The term `other staff' means 
        specialized instructional support personnel, librarians, career 
        guidance and counseling personnel, education aides, and other 
        instructional and administrative personnel.
            ``(32) Outlying area.--The term `outlying area'--
                    ``(A) means American Samoa, the Commonwealth of the 
                Northern Mariana Islands, Guam, and the United States 
                Virgin Islands;
                    ``(B) means the Republic of Palau, to the extent 
                permitted under section 105(f)(1)(B)(ix) of the Compact 
                of Free Association Amendments Act of 2003 (Public Law 
                99-658; 117 Stat. 2751) and until an agreement for the 
                extension of United States education assistance under 
                the Compact of Free Association becomes effective for 
                the Republic of Palau; and
                    ``(C) for the purpose of any discretionary grant 
                program under this Act, includes the Republic of the 
                Marshall Islands and the Federated States of 
                Micronesia, to the extent permitted under section 
                105(f)(1)(B)(viii) of the Compact of Free Association 
                Amendments Act of 2003 (Public Law 108-188; 117 Stat. 
                2751).
            ``(33) Parent.--The term `parent' includes a legal guardian 
        or other person standing in loco parentis (such as a 
        grandparent or stepparent with whom the child lives, or a 
        person who is legally responsible for the child's welfare).
            ``(34) Parental involvement.--The term `parental 
        involvement' means the participation of parents in regular, 
        two-way, and meaningful communication involving student 
        academic learning and other school activities, including 
        ensuring--
                    ``(A) that parents play an integral role in 
                assisting in their child's learning;
                    ``(B) that parents are encouraged to be actively 
                involved in their child's education at school;
                    ``(C) that parents are full partners in their 
                child's education and are included, as appropriate, in 
                decisionmaking and on advisory committees to assist in 
                the education of their child; and
                    ``(D) the carrying out of other activities, such as 
                those described in section 1118.
            ``(35) Poverty line.--The term `poverty line' means the 
        poverty line (as defined by the Office of Management and Budget 
        and revised annually in accordance with section 673(2) of the 
        Community Services Block Grant Act) applicable to a family of 
        the size involved.
            ``(36) Professional development.--The term `professional 
        development'--
                    ``(A) includes activities that--
                            ``(i) improve and increase teachers' 
                        knowledge of the academic subjects the teachers 
                        teach, and enable teachers to become effective 
                        educators;
                            ``(ii) are an integral part of broad 
                        schoolwide and districtwide educational 
                        improvement plans;
                            ``(iii) give teachers, school leaders, 
                        other staff, and administrators the knowledge 
                        and skills to provide students with the 
                        opportunity to meet State academic standards;
                            ``(iv) improve classroom management skills;
                            ``(v)(I) are high quality, job-embedded, 
                        and continuous in order to have a positive and 
                        lasting impact on classroom instruction and the 
                        teacher's performance in the classroom; and
                            ``(II) are not 1-day or short-term 
                        workshops or conferences;
                            ``(vi) support the recruiting, hiring, and 
                        training of effective teachers, including 
                        teachers who became certified or licensed 
                        through State and local alternative routes to 
                        certification;
                            ``(vii) advance teacher understanding of 
                        effective instructional strategies that are--
                                    ``(I) evidence-based; and
                                    ``(II) strategies for improving 
                                student academic achievement or 
                                substantially increasing the knowledge 
                                and teaching skills of teachers, 
                                including through addressing the social 
                                and emotional development needs of 
                                students; and
                            ``(viii) are aligned with and directly 
                        related to--
                                    ``(I) State academic standards and 
                                assessments; and
                                    ``(II) the curricula and programs 
                                tied to the standards described in 
                                subclause (I);
                            ``(ix) are developed with extensive 
                        participation of teachers, school leaders, 
                        parents, and administrators of schools to be 
                        served under this Act;
                            ``(x) are designed to give teachers of 
                        English learners and other teachers and 
                        instructional staff, the knowledge and skills 
                        to provide instruction and appropriate language 
                        and academic support services to those 
                        children, including the appropriate use of 
                        curricula and assessments;
                            ``(xi) to the extent appropriate, provide 
                        training for teachers, other staff, and school 
                        leaders in the use of technology so that 
                        technology and technology applications are 
                        effectively used to improve teaching and 
                        learning in the curricula and core academic 
                        subjects in which the students receive 
                        instruction;
                            ``(xii) as a whole, are regularly evaluated 
                        for their impact on increased teacher 
                        effectiveness and improved student academic 
                        achievement, with the findings of the 
                        evaluations used to improve the quality of the 
                        professional development;
                            ``(xiii) provide instruction in methods of 
                        teaching children with special needs;
                            ``(xiv) include instruction in the use of 
                        data and assessments to inform and instruct 
                        classroom practice; and
                            ``(xv) include instruction in ways that 
                        teachers, school leaders, specialized 
                        instructional support personnel, other staff, 
                        and school administrators may work more 
                        effectively with parents; and
                    ``(B) may include activities that--
                            ``(i) involve the forming of partnerships 
                        with institutions of higher education to 
                        establish school-based teacher training 
                        programs that provide prospective teachers and 
                        new teachers with an opportunity to work under 
                        the guidance of experienced teachers and 
                        college faculty;
                            ``(ii) create programs to enable 
                        paraprofessionals (assisting teachers employed 
                        by a local educational agency receiving 
                        assistance under subpart 1 of part A of title 
                        I) to obtain the education necessary for those 
                        paraprofessionals to become certified and 
                        licensed teachers; and
                            ``(iii) provide follow-up training to 
                        individuals who have participated in activities 
                        described in subparagraph (A) or another clause 
                        of this subparagraph that are designed to 
                        ensure that the knowledge and skills learned by 
                        the teachers are implemented in the classroom.
            ``(37) Regular high school diploma.--
                    ``(A) In general.--The term `regular high school 
                diploma' means the standard high school diploma awarded 
                to the preponderance of students in the State that is 
                fully aligned with State standards, or a higher 
                diploma. Such term shall not include a GED or other 
                recognized equivalent of a diploma, a certificate of 
                attendance, or any lesser diploma award.
                    ``(B) Exception for students with significant 
                cognitive disabilities.--For a student who is assessed 
                using an alternate assessment aligned to alternate 
                academic standards under section 1111(b)(1)(D), receipt 
                of a regular high school diploma as defined under 
                subparagraph (A) or a State-defined alternate diploma 
                obtained within the time period for which the State 
                ensures the availability of a free appropriate public 
                education and in accordance with section 612(a)(1) of 
                the Individuals with Disabilities Education Act shall 
                be counted as graduating with a regular high school 
                diploma for the purposes of this Act.
            ``(38) School leader.--The term `school leader' means a 
        principal, assistant principal, or other individual who is--
                    ``(A) an employee or officer of a school, local 
                educational agency, or other entity operating the 
                school; and
                    ``(B) responsible for--
                            ``(i) the daily instructional leadership 
                        and managerial operations of the school; and
                            ``(ii) creating the optimum conditions for 
                        student learning.
            ``(39) Secondary school.--The term `secondary school' means 
        a nonprofit institutional day or residential school, including 
        a public secondary charter school, that provides secondary 
        education, as determined under State law, except that the term 
        does not include any education beyond grade 12.
            ``(40) Secretary.--The term `Secretary' means the Secretary 
        of Education.
            ``(41) Specialized instructional support personnel; 
        specialized instructional support services.--
                    ``(A) Specialized instructional support 
                personnel.--The term `specialized instructional support 
                personnel' means school counselors, school social 
                workers, school psychologists, and other qualified 
                professional personnel involved in providing 
                assessment, diagnosis, counseling, educational, 
                therapeutic, and other necessary services (including 
                related services as that term is defined in section 602 
                of the Individuals with Disabilities Education Act) as 
                part of a comprehensive program to meet student needs.
                    ``(B) Specialized instructional support services.--
                The term `specialized instructional support services' 
                means the services provided by specialized 
                instructional support personnel.
            ``(42) State.--The term `State' means each of the 50 
        States, the District of Columbia, the Commonwealth of Puerto 
        Rico, and each of the outlying areas.
            ``(43) State educational agency.--The term `State 
        educational agency' means the agency primarily responsible for 
        the State supervision of public elementary schools and 
        secondary schools.
            ``(44) Technology.--The term `technology' means modern 
        information, computer and communication technology products, 
        services, or tools, including, but not limited to, the Internet 
        and other communications networks, computer devices and other 
        computer and communications hardware, software applications, 
        data systems, and other electronic content and data storage.

``SEC. 5102. APPLICABILITY OF TITLE.

    ``Parts B, C, D, and E of this title do not apply to title IV of 
this Act.

``SEC. 5103. APPLICABILITY TO BUREAU OF INDIAN EDUCATION OPERATED 
              SCHOOLS.

    ``For the purpose of any competitive program under this Act--
            ``(1) a consortium of schools operated by the Bureau of 
        Indian Education;
            ``(2) a school operated under a contract or grant with the 
        Bureau of Indian Education in consortium with another contract 
        or grant school or a tribal or community organization; or
            ``(3) a Bureau of Indian Education school in consortium 
        with an institution of higher education, a contract or grant 
        school, or a tribal or community organization,
shall be given the same consideration as a local educational agency.

   ``Part B--Flexibility in the Use of Administrative and Other Funds

``SEC. 5201. CONSOLIDATION OF STATE ADMINISTRATIVE FUNDS FOR ELEMENTARY 
              AND SECONDARY EDUCATION PROGRAMS.

    ``(a) Consolidation of Administrative Funds.--
            ``(1) In general.--A State educational agency may 
        consolidate the amounts specifically made available to it for 
        State administration under one or more of the programs under 
        paragraph (2).
            ``(2) Applicability.--This section applies to any program 
        under this Act under which funds are authorized to be used for 
        administration, and such other programs as the Secretary may 
        designate.
    ``(b) Use of Funds.--
            ``(1) In general.--A State educational agency shall use the 
        amount available under this section for the administration of 
        the programs included in the consolidation under subsection 
        (a).
            ``(2) Additional uses.--A State educational agency may also 
        use funds available under this section for administrative 
        activities designed to enhance the effective and coordinated 
        use of funds under programs included in the consolidation under 
        subsection (a), such as--
                    ``(A) the coordination of those programs with other 
                Federal and non-Federal programs;
                    ``(B) the establishment and operation of peer-
                review mechanisms under this Act;
                    ``(C) the administration of this title;
                    ``(D) the dissemination of information regarding 
                model programs and practices;
                    ``(E) technical assistance under any program under 
                this Act;
                    ``(F) State-level activities designed to carry out 
                this title;
                    ``(G) training personnel engaged in audit and other 
                monitoring activities; and
                    ``(H) implementation of the Cooperative Audit 
                Resolution and Oversight Initiative of the Department.
    ``(c) Records.--A State educational agency that consolidates 
administrative funds under this section shall not be required to keep 
separate records, by individual program, to account for costs relating 
to the administration of programs included in the consolidation under 
subsection (a).
    ``(d) Review.--To determine the effectiveness of State 
administration under this section, the Secretary may periodically 
review the performance of State educational agencies in using 
consolidated administrative funds under this section and take such 
steps as the Secretary finds appropriate to ensure the effectiveness of 
that administration.
    ``(e) Unused Administrative Funds.--If a State educational agency 
does not use all of the funds available to the agency under this 
section for administration, the agency may use those funds during the 
applicable period of availability as funds available under one or more 
programs included in the consolidation under subsection (a).
    ``(f) Consolidation of Funds for Standards and Assessment 
Development.--In order to develop State academic standards and 
assessments, a State educational agency may consolidate the amounts 
described in subsection (a) for those purposes under title I.

``SEC. 5202. SINGLE LOCAL EDUCATIONAL AGENCY STATES.

    ``A State educational agency that also serves as a local 
educational agency shall, in its applications or plans under this Act, 
describe how the agency will eliminate duplication in conducting 
administrative functions.

``SEC. 5203. CONSOLIDATED SET-ASIDE FOR DEPARTMENT OF THE INTERIOR 
              FUNDS.

    ``(a) General Authority.--
            ``(1) Transfer.--The Secretary shall transfer to the 
        Department of the Interior, as a consolidated amount for 
        covered programs, the Indian education programs under subpart 6 
        of part A of title I, and the education for homeless children 
        and youth program under subtitle B of title VII of the 
        McKinney-Vento Homeless Assistance Act, the amounts allotted to 
        the Department of the Interior under those programs.
            ``(2) Agreement.--
                    ``(A) In general.--The Secretary and the Secretary 
                of the Interior shall enter into an agreement, 
                consistent with the requirements of the programs 
                specified in paragraph (1), for the distribution and 
                use of those program funds under terms that the 
                Secretary determines best meet the purposes of those 
                programs.
                    ``(B) Contents.--The agreement shall--
                            ``(i) set forth the plans of the Secretary 
                        of the Interior for the use of the amount 
                        transferred and the achievement measures to 
                        assess program effectiveness; and
                            ``(ii) be developed in consultation with 
                        Indian tribes.
    ``(b) Administration.--The Department of the Interior may use not 
more than 1.5 percent of the funds consolidated under this section for 
its costs related to the administration of the funds transferred under 
this section.

``Part C--Coordination of Programs; Consolidated State and Local Plans 
                            and Applications

``SEC. 5301. PURPOSES.

    ``The purposes of this part are--
            ``(1) to improve teaching and learning by encouraging 
        greater cross-program coordination, planning, and service 
        delivery;
            ``(2) to provide greater flexibility to State and local 
        authorities through consolidated plans, applications, and 
        reporting; and
            ``(3) to enhance the integration of programs under this Act 
        with State and local programs.

``SEC. 5302. OPTIONAL CONSOLIDATED STATE PLANS OR APPLICATIONS.

    ``(a) General Authority.--
            ``(1) Simplification.--In order to simplify application 
        requirements and reduce the burden for State educational 
        agencies under this Act, the Secretary, in accordance with 
        subsection (b), shall establish procedures and criteria under 
        which, after consultation with the Governor, a State 
        educational agency may submit a consolidated State plan or a 
        consolidated State application meeting the requirements of this 
        section for--
                    ``(A) each of the covered programs in which the 
                State participates; and
                    ``(B) such other programs as the Secretary may 
                designate.
            ``(2) Consolidated applications and plans.--After 
        consultation with the Governor, a State educational agency that 
        submits a consolidated State plan or a consolidated State 
        application under this section shall not be required to submit 
        separate State plans or applications under any of the programs 
        to which the consolidated State plan or consolidated State 
        application under this section applies.
    ``(b) Collaboration.--
            ``(1) In general.--In establishing criteria and procedures 
        under this section, the Secretary shall collaborate with State 
        educational agencies and, as appropriate, with other State 
        agencies, local educational agencies, public and private 
        agencies, organizations, and institutions, private schools, and 
        parents, students, and teachers.
            ``(2) Contents.--Through the collaborative process 
        described in paragraph (1), the Secretary shall establish, for 
        each program under this Act to which this section applies, the 
        descriptions, information, assurances, and other material 
        required to be included in a consolidated State plan or 
        consolidated State application.
            ``(3) Necessary materials.--The Secretary shall require 
        only descriptions, information, assurances (including 
        assurances of compliance with applicable provisions regarding 
        participation by private school children and teachers), and 
        other materials that are absolutely necessary for the 
        consideration of the consolidated State plan or consolidated 
        State application.

``SEC. 5303. CONSOLIDATED REPORTING.

    ``(a) In General.--In order to simplify reporting requirements and 
reduce reporting burdens, the Secretary shall establish procedures and 
criteria under which a State educational agency, in consultation with 
the Governor of the State, may submit a consolidated State annual 
report.
    ``(b) Contents.--The report shall contain information about the 
programs included in the report, including the performance of the State 
under those programs, and other matters as the Secretary determines are 
necessary, such as monitoring activities.
    ``(c) Replacement.--The report shall replace separate individual 
annual reports for the programs included in the consolidated State 
annual report.

``SEC. 5304. GENERAL APPLICABILITY OF STATE EDUCATIONAL AGENCY 
              ASSURANCES.

    ``(a) Assurances.--A State educational agency, in consultation with 
the Governor of the State, that submits a consolidated State plan or 
consolidated State application under this Act, whether separately or 
under section 5302, shall have on file with the Secretary a single set 
of assurances, applicable to each program for which the plan or 
application is submitted, that provides that--
            ``(1) each such program will be administered in accordance 
        with all applicable statutes, regulations, program plans, and 
        applications;
            ``(2)(A) the control of funds provided under each such 
        program and title to property acquired with program funds will 
        be in a public agency, an eligible private agency, institution, 
        or organization, or an Indian tribe, if the law authorizing the 
        program provides for assistance to those entities; and
            ``(B) the public agency, eligible private agency, 
        institution, or organization, or Indian tribe will administer 
        those funds and property to the extent required by the 
        authorizing law;
            ``(3) the State will adopt and use proper methods of 
        administering each such program, including--
                    ``(A) the enforcement of any obligations imposed by 
                law on agencies, institutions, organizations, and other 
                recipients responsible for carrying out each program;
                    ``(B) the correction of deficiencies in program 
                operations that are identified through audits, 
                monitoring, or evaluation; and
                    ``(C) the adoption of written procedures for the 
                receipt and resolution of complaints alleging 
                violations of law in the administration of the 
                programs;
            ``(4) the State will cooperate in carrying out any 
        evaluation of each such program conducted by or for the 
        Secretary or other Federal officials;
            ``(5) the State will use such fiscal control and fund 
        accounting procedures that will ensure proper disbursement of, 
        and accounting for, Federal funds paid to the State under each 
        such program;
            ``(6) the State will--
                    ``(A) make reports to the Secretary as may be 
                necessary to enable the Secretary to perform the 
                Secretary's duties under each such program; and
                    ``(B) maintain such records, provide such 
                information to the Secretary, and afford such access to 
                the records as the Secretary may find necessary to 
                carry out the Secretary's duties; and
            ``(7) before the plan or application was submitted to the 
        Secretary, the State afforded a reasonable opportunity for 
        public comment on the plan or application and considered such 
        comment.
    ``(b) GEPA Provision.--Section 441 of the General Education 
Provisions Act shall not apply to programs under this Act.

``SEC. 5305. CONSOLIDATED LOCAL PLANS OR APPLICATIONS.

    ``(a) General Authority.--
            ``(1) Consolidated plan.--A local educational agency 
        receiving funds under more than one covered program may submit 
        plans or applications to the State educational agency under 
        those programs on a consolidated basis.
            ``(2) Availability to governor.--The State educational 
        agency shall make any consolidated local plans and applications 
        available to the Governor.
    ``(b) Required Consolidated Plans or Applications.--A State 
educational agency that has an approved consolidated State plan or 
application under section 5302 may require local educational agencies 
in the State receiving funds under more than one program included in 
the consolidated State plan or consolidated State application to submit 
consolidated local plans or applications under those programs, but may 
not require those agencies to submit separate plans.
    ``(c) Collaboration.--A State educational agency, in consultation 
with the Governor, shall collaborate with local educational agencies in 
the State in establishing procedures for the submission of the 
consolidated State plans or consolidated State applications under this 
section.
    ``(d) Necessary Materials.--The State educational agency shall 
require only descriptions, information, assurances, and other material 
that are absolutely necessary for the consideration of the local 
educational agency plan or application.

``SEC. 5306. OTHER GENERAL ASSURANCES.

    ``(a) Assurances.--Any applicant, other than a State educational 
agency that submits a plan or application under this Act, shall have on 
file with the State educational agency a single set of assurances, 
applicable to each program for which a plan or application is 
submitted, that provides that--
            ``(1) each such program will be administered in accordance 
        with all applicable statutes, regulations, program plans, and 
        applications;
            ``(2)(A) the control of funds provided under each such 
        program and title to property acquired with program funds will 
        be in a public agency or in an eligible private agency, 
        institution, organization, or Indian tribe, if the law 
        authorizing the program provides for assistance to those 
        entities; and
            ``(B) the public agency, eligible private agency, 
        institution, or organization, or Indian tribe will administer 
        the funds and property to the extent required by the 
        authorizing statutes;
            ``(3) the applicant will adopt and use proper methods of 
        administering each such program, including--
                    ``(A) the enforcement of any obligations imposed by 
                law on agencies, institutions, organizations, and other 
                recipients responsible for carrying out each program; 
                and
                    ``(B) the correction of deficiencies in program 
                operations that are identified through audits, 
                monitoring, or evaluation;
            ``(4) the applicant will cooperate in carrying out any 
        evaluation of each such program conducted by or for the State 
        educational agency, the Secretary, or other Federal officials;
            ``(5) the applicant will use such fiscal control and fund 
        accounting procedures as will ensure proper disbursement of, 
        and accounting for, Federal funds paid to the applicant under 
        each such program;
            ``(6) the applicant will--
                    ``(A) submit such reports to the State educational 
                agency (which shall make the reports available to the 
                Governor) and the Secretary as the State educational 
                agency and Secretary may require to enable the State 
                educational agency and the Secretary to perform their 
                duties under each such program; and
                    ``(B) maintain such records, provide such 
                information, and afford such access to the records as 
                the State educational agency (after consultation with 
                the Governor) or the Secretary may reasonably require 
                to carry out the State educational agency's or the 
                Secretary's duties; and
            ``(7) before the application was submitted, the applicant 
        afforded a reasonable opportunity for public comment on the 
        application and considered such comment.
    ``(b) GEPA Provision.--Section 442 of the General Education 
Provisions Act shall not apply to programs under this Act.

                           ``Part D--Waivers

``SEC. 5401. WAIVERS OF STATUTORY AND REGULATORY REQUIREMENTS.

    ``(a) In General.--
            ``(1) Request for waiver.--A State educational agency, 
        local educational agency, or Indian tribe that receives funds 
        under a program authorized under this Act may submit a request 
        to the Secretary to waive any statutory or regulatory 
        requirement of this Act.
            ``(2) Receipt of waiver.--Except as provided in subsection 
        (c) and subject to the limits in subsection (b)(5)(A), the 
        Secretary shall waive any statutory or regulatory requirement 
        of this Act for a State educational agency, local educational 
        agency, Indian tribe, or school (through a local educational 
        agency), that submits a waiver request pursuant to this 
        subsection.
    ``(b) Plan.--
            ``(1) In general.--A State educational agency, local 
        educational agency, or Indian tribe that desires a waiver under 
        this section shall submit a waiver request to the Secretary, 
        which shall include a plan that--
                    ``(A) identifies the Federal programs affected by 
                the requested waiver;
                    ``(B) describes which Federal statutory or 
                regulatory requirements are to be waived;
                    ``(C) reasonably demonstrates that the waiver will 
                improve instruction for students and advance student 
                academic achievement;
                    ``(D) describes the methods the State educational 
                agency, local educational agency, or Indian tribe will 
                use to monitor the effectiveness of the implementation 
                of the plan;
                    ``(E) describes the State educational agency, local 
                educational agency, or Indian tribe's process for 
                holding public schools accountable for student academic 
                achievement and intervening in low performing schools; 
                and
                    ``(F) describes how schools will continue to 
                provide assistance to the same populations served by 
                programs for which the waiver is requested.
            ``(2) Additional information.--A waiver request under this 
        section--
                    ``(A) may provide for waivers of requirements 
                applicable to State educational agencies, local 
                educational agencies, Indian tribes, and schools; and
                    ``(B) shall be developed and submitted--
                            ``(i)(I) by local educational agencies (on 
                        behalf of those agencies and schools) to State 
                        educational agencies; and
                            ``(II) by State educational agencies (on 
                        their own behalf, or on behalf of, and based on 
                        the requests of, local educational agencies in 
                        the State) to the Secretary; or
                            ``(ii) by Indian tribes (on behalf of 
                        schools operated by the tribes) to the 
                        Secretary.
            ``(3) General requirements.--
                    ``(A) State educational agencies.--In the case of a 
                waiver request submitted by a State educational agency 
                acting on its own behalf, or on behalf of local 
                educational agencies in the State, the State 
                educational agency shall--
                            ``(i) provide the public and local 
                        educational agencies in the State with notice 
                        and a reasonable opportunity to comment and 
                        provide input on the request;
                            ``(ii) submit the comments and input to the 
                        Secretary, with a description of how the State 
                        addressed the comments and input; and
                            ``(iii) provide notice and a reasonable 
                        time to comment to the public and local 
                        educational agencies in the manner in which the 
                        applying agency customarily provides similar 
                        notice and opportunity to comment to the 
                        public.
                    ``(B) Local educational agencies.--In the case of a 
                waiver request submitted by a local educational agency 
                that receives funds under this Act--
                            ``(i) the request shall be reviewed by the 
                        State educational agency and be accompanied by 
                        the comments, if any, of the State educational 
                        agency and the public; and
                            ``(ii) notice and a reasonable opportunity 
                        to comment regarding the waiver request shall 
                        be provided to the State educational agency and 
                        the public by the agency requesting the waiver 
                        in the manner in which that agency customarily 
                        provides similar notice and opportunity to 
                        comment to the public.
            ``(4) Peer review.--
                    ``(A) Establishment.--The Secretary shall establish 
                a multi-disciplinary peer review team to review waiver 
                requests under this section.
                    ``(B) Applicability.--The Secretary may approve a 
                waiver request under this section without conducting a 
                peer review of the request, but shall use the peer 
                review process under this paragraph before disapproving 
                such a request.
                    ``(C) Standard and nature of review.--Peer 
                reviewers shall conduct a good faith review of waiver 
                requests submitted to them under this section. Peer 
                reviewers shall review such waiver requests--
                            ``(i) in their totality;
                            ``(ii) in deference to State and local 
                        judgment; and
                            ``(iii) with the goal of promoting State- 
                        and local-led innovation.
            ``(5) Waiver determination, demonstration, and revision.--
                    ``(A) In general.--The Secretary shall approve a 
                waiver request not more than 60 days after the date on 
                which such request is submitted, unless the Secretary 
                determines and demonstrates that--
                            ``(i) the waiver request does not meet the 
                        requirements of this section;
                            ``(ii) the waiver is not permitted under 
                        subsection (c);
                            ``(iii) the plan that is required under 
                        paragraph (1)(C), and reviewed with deference 
                        to State and local judgment, provides no 
                        reasonable evidence to determine that a waiver 
                        will enhance student academic achievement; or
                            ``(iv) the waiver request does not provide 
                        for adequate evaluation to ensure review and 
                        continuous improvement of the plan.
                    ``(B) Waiver determination and revision.--If the 
                Secretary determines and demonstrates that the waiver 
                request does not meet the requirements of this section, 
                the Secretary shall--
                            ``(i) immediately--
                                    ``(I) notify the State educational 
                                agency, local educational agency, or 
                                Indian tribe of such determination; and
                                    ``(II) at the request of the State 
                                educational agency, local educational 
                                agency, or Indian tribe, provide 
                                detailed reasons for such determination 
                                in writing;
                            ``(ii) offer the State educational agency, 
                        local educational agency, or Indian tribe an 
                        opportunity to revise and resubmit the waiver 
                        request not more than 60 days after the date of 
                        such determination; and
                            ``(iii) if the Secretary determines that 
                        the resubmission does not meet the requirements 
                        of this section, at the request of the State 
                        educational agency, local educational agency, 
                        or Indian tribe, conduct a public hearing not 
                        more than 30 days after the date of such 
                        resubmission.
                    ``(C) Waiver disapproval.--The Secretary may 
                disapprove a waiver request if--
                            ``(i) the State educational agency, local 
                        educational agency, or Indian tribe has been 
                        notified and offered an opportunity to revise 
                        and resubmit the waiver request, as described 
                        under clauses (i) and (ii) of subparagraph (B); 
                        and
                            ``(ii) the State educational agency, local 
                        educational agency, or Indian tribe--
                                    ``(I) does not revise and resubmit 
                                the waiver request; or
                                    ``(II) revises and resubmits the 
                                waiver request, and the Secretary 
                                determines that such waiver request 
                                does not meet the requirements of this 
                                section after a hearing conducted under 
                                subparagraph (B)(iii), if requested.
                    ``(D) External conditions.--The Secretary shall not 
                require or impose new or additional requirements in 
                exchange for receipt of a waiver if such requirements 
                are not specified in this Act.
    ``(c) Restrictions.--The Secretary shall not waive under this 
section any statutory or regulatory requirements relating to--
            ``(1) the allocation or distribution of funds to States, 
        local educational agencies, Indian tribes, or other recipients 
        of funds under this Act;
            ``(2) comparability of services;
            ``(3) use of Federal funds to supplement, not supplant, 
        non-Federal funds;
            ``(4) equitable participation of private school students 
        and teachers;
            ``(5) parental participation and involvement;
            ``(6) applicable civil rights requirements;
            ``(7) the prohibitions--
                    ``(A) in subpart 2 of part E;
                    ``(B) regarding use of funds for religious worship 
                or instruction in section 5505; and
                    ``(C) regarding activities in section 5524; or
            ``(8) the selection of a school attendance area or school 
        under subsections (a) and (b) of section 1113, except that the 
        Secretary may grant a waiver to allow a school attendance area 
        or school to participate in activities under subpart 1 of part 
        A of title I if the percentage of children from low-income 
        families in the school attendance area or who attend the school 
        is not more than 10 percentage points below the lowest 
        percentage of those children for any school attendance area or 
        school of the local educational agency that meets the 
        requirements of subsections (a) and (b) of section 1113.
    ``(d) Duration and Extension of Waiver; Limitations.--
            ``(1) In general.--Except as provided in paragraph (2), a 
        waiver approved by the Secretary under this section may be for 
        a period not to exceed 3 years.
            ``(2) Extension.--The Secretary may extend the period 
        described in paragraph (1) if the State demonstrates that--
                    ``(A) the waiver has been effective in enabling the 
                State or affected recipient to carry out the activities 
                for which the waiver was requested and the waiver has 
                contributed to improved student achievement; and
                    ``(B) the extension is in the public interest.
            ``(3) Specific limitations.--The Secretary shall not 
        require a State educational agency, local educational agency, 
        or Indian tribe, as a condition of approval of a waiver 
        request, to--
                    ``(A) include in, or delete from, such request, 
                specific academic standards;
                    ``(B) use specific academic assessment instruments 
                or items; or
                    ``(C) include in, or delete from, such waiver 
                request any criterion that specifies, defines, or 
                prescribes the standards or measures that a State or 
                local educational agency or Indian tribe uses to 
                establish, implement, or improve--
                            ``(i) State academic standards;
                            ``(ii) academic assessments;
                            ``(iii) State accountability systems; or
                            ``(iv) teacher and school leader evaluation 
                        systems.
    ``(e) Reports.--
            ``(1) Waiver reports.--A State educational agency, local 
        educational agency, or Indian tribe that receives a waiver 
        under this section shall, at the end of the second year for 
        which a waiver is received under this section and each 
        subsequent year, submit a report to the Secretary that--
                    ``(A) describes the uses of the waiver by the 
                agency or by schools;
                    ``(B) describes how schools continued to provide 
                assistance to the same populations served by the 
                programs for which waivers were granted; and
                    ``(C) evaluates the progress of the agency and 
                schools, or Indian tribe, in improving the quality of 
                instruction or the academic achievement of students.
            ``(2) Report to congress.--The Secretary shall annually 
        submit to the Committee on Education and the Workforce of the 
        House of Representatives and the Committee on Health, 
        Education, Labor, and Pensions of the Senate a report--
                    ``(A) summarizing the uses of waivers by State 
                educational agencies, local educational agencies, 
                Indian tribes, and schools; and
                    ``(B) describing the status of the waivers in 
                improving academic achievement.
    ``(f) Termination of Waivers.--The Secretary shall terminate a 
waiver under this section if the Secretary determines, after notice and 
an opportunity for a hearing, that the performance of the State or 
other recipient affected by the waiver has been inadequate to justify a 
continuation of the waiver and the recipient of the waiver has failed 
to make revisions needed to carry out the purpose of the waiver, or if 
the waiver is no longer necessary to achieve its original purpose.
    ``(g) Publication.--A notice of the Secretary's decision to grant 
each waiver under subsection (a) shall be published in the Federal 
Register and the Secretary shall provide for the dissemination of the 
notice to State educational agencies, interested parties, including 
educators, parents, students, advocacy and civil rights organizations, 
and the public.

                      ``Part E--Uniform Provisions

                      ``Subpart 1--Private Schools

``SEC. 5501. PARTICIPATION BY PRIVATE SCHOOL CHILDREN AND TEACHERS.

    ``(a) Private School Participation.--
            ``(1) In general.--Except as otherwise provided in this 
        Act, to the extent consistent with the number of eligible 
        children in areas served by a State educational agency, local 
        educational agency, educational service agency, consortium of 
        those agencies, or another entity receiving financial 
        assistance under a program specified in subsection (b), who are 
        enrolled in private elementary schools and secondary schools in 
        areas served by such agency, consortium, or entity, the agency, 
        consortium, or entity shall, after timely and meaningful 
        consultation with appropriate private school officials or their 
        representatives, provide to those children and their teachers 
        or other educational personnel, on an equitable basis, special 
        educational services or other benefits that address their needs 
        under the program.
            ``(2) Secular, neutral, and nonideological services or 
        benefits.--Educational services or other benefits, including 
        materials and equipment, provided under this section, shall be 
        secular, neutral, and nonideological.
            ``(3) Special rule.--Educational services and other 
        benefits provided under this section for private school 
        children, teachers, and other educational personnel shall be 
        equitable in comparison to services and other benefits for 
        public school children, teachers, and other educational 
        personnel participating in the program and shall be provided in 
        a timely manner.
            ``(4) Expenditures.--
                    ``(A) In general.--Expenditures for educational 
                services and other benefits to eligible private school 
                children, teachers, and other service personnel shall 
                be equal to the expenditures for participating public 
                school children, taking into account the number and 
                educational needs, of the children to be served.
                    ``(B) Obligation of funds.--Funds allocated to a 
                local educational agency for educational services and 
                other benefits to eligible private school children 
                shall--
                            ``(i) be obligated in the fiscal year for 
                        which the funds are received by the agency; and
                            ``(ii) with respect to any such funds that 
                        cannot be so obligated, be used to serve such 
                        children in the following fiscal year.
                    ``(C) Notice of allocation.--Each State educational 
                agency shall--
                            ``(i) determine, in a timely manner, the 
                        proportion of funds to be allocated to each 
                        local educational agency in the State for 
                        educational services and other benefits under 
                        this subpart to eligible private school 
                        children; and
                            ``(ii) provide notice, simultaneously, to 
                        each such local educational agency and the 
                        appropriate private school officials or their 
                        representatives in the State of such allocation 
                        of funds.
            ``(5) Provision of services.--An agency, consortium, or 
        entity described in subsection (a)(1) of this section may 
        provide those services directly or through contracts with 
        public and private agencies, organizations, and institutions.
    ``(b) Applicability.--
            ``(1) In general.--This section applies to programs under--
                    ``(A) subpart 2 of part A of title I;
                    ``(B) subpart 4 of part A of title I;
                    ``(C) part A of title II;
                    ``(D) part B of title II; and
                    ``(E) part B of title III.
            ``(2) Definition.--For the purpose of this section, the 
        term `eligible children' means children eligible for services 
        under a program described in paragraph (1).
    ``(c) Consultation.--
            ``(1) In general.--To ensure timely and meaningful 
        consultation, a State educational agency, local educational 
        agency, educational service agency, consortium of those 
        agencies, or entity shall consult, in order to reach an 
        agreement, with appropriate private school officials or their 
        representatives during the design and development of the 
        programs under this Act, on issues such as--
                    ``(A) how the children's needs will be identified;
                    ``(B) what services will be offered;
                    ``(C) how, where, and by whom the services will be 
                provided;
                    ``(D) how the services will be assessed and how the 
                results of the assessment will be used to improve those 
                services;
                    ``(E) the size and scope of the equitable services 
                to be provided to the eligible private school children, 
                teachers, and other educational personnel and the 
                amount of funds available for those services;
                    ``(F) how and when the agency, consortium, or 
                entity will make decisions about the delivery of 
                services, including a thorough consideration and 
                analysis of the views of the private school officials 
                or their representatives on the provision of services 
                through potential third-party providers or contractors; 
                and
                    ``(G) how, if the agency disagrees with the views 
                of the private school officials or their 
                representatives on the provision of services through a 
                contract, the local educational agency will provide in 
                writing to such private school officials or their 
                representatives an analysis of the reasons why the 
                local educational agency has chosen not to use a 
                contractor.
            ``(2) Disagreement.--If the agency, consortium, or entity 
        disagrees with the views of the private school officials or 
        their representatives with respect to an issue described in 
        paragraph (1), the agency, consortium, or entity shall provide 
        to the private school officials or their representatives a 
        written explanation of the reasons why the local educational 
        agency has chosen not to adopt the course of action requested 
        by such officials or their representatives.
            ``(3) Timing.--The consultation required by paragraph (1) 
        shall occur before the agency, consortium, or entity makes any 
        decision that affects the opportunities of eligible private 
        school children, teachers, and other educational personnel to 
        participate in programs under this Act, and shall continue 
        throughout the implementation and assessment of activities 
        under this section.
            ``(4) Discussion required.--The consultation required by 
        paragraph (1) shall include a discussion of service delivery 
        mechanisms that the agency, consortium, or entity could use to 
        provide equitable services to eligible private school children, 
        teachers, administrators, and other staff.
            ``(5) Documentation.--Each local educational agency shall 
        maintain in the agency's records and provide to the State 
        educational agency involved a written affirmation signed by 
        officials or their representatives of each participating 
        private school that the meaningful consultation required by 
        this section has occurred. The written affirmation shall 
        provide the option for private school officials or their 
        representatives to indicate that timely and meaningful 
        consultation has not occurred or that the program design is not 
        equitable with respect to eligible private school children. If 
        such officials or their representatives do not provide such 
        affirmation within a reasonable period of time, the local 
        educational agency shall forward the documentation that such 
        consultation has, or attempts at such consultation have, taken 
        place to the State educational agency.
            ``(6) Compliance.--
                    ``(A) In general.--If the consultation required 
                under this section is with a local educational agency 
                or educational service agency, a private school 
                official or representative shall have the right to file 
                a complaint with the State educational agency that the 
                consultation required under this section was not 
                meaningful and timely, did not give due consideration 
                to the views of the private school official or 
                representative, or did not treat the private school or 
                its students equitably as required by this section.
                    ``(B) Procedure.--If the private school official or 
                representative wishes to file a complaint, the private 
                school official or representative shall provide the 
                basis of the noncompliance with this section and all 
                parties shall provide the appropriate documentation to 
                the appropriate officials or representatives.
                    ``(C) Services.--A State educational agency shall 
                provide services under this section directly or through 
                contracts with public and private agencies, 
                organizations, and institutions, if--
                            ``(i) the appropriate private school 
                        officials or their representatives have--
                                    ``(I) requested that the State 
                                educational agency provide such 
                                services directly; and
                                    ``(II) demonstrated that the local 
                                educational agency or Education Service 
                                Agency involved has not met the 
                                requirements of this section; or
                            ``(ii) in a case in which--
                                    ``(I) a local educational agency 
                                has more than 10,000 children from low-
                                income families who attend private 
                                elementary schools or secondary schools 
                                in such agency's school attendance 
                                areas, as defined in section 
                                1113(a)(2)(A), that are not being 
                                served by the agency's program under 
                                this section; or
                                    ``(II) 90 percent of the eligible 
                                private school students in a school 
                                attendance area, as defined in section 
                                1113(a)(2)(A), are not being served by 
                                the agency's program under this 
                                section.
    ``(d) Public Control of Funds.--
            ``(1) In general.--The control of funds used to provide 
        services under this section, and title to materials, equipment, 
        and property purchased with those funds, shall be in a public 
        agency for the uses and purposes provided in this Act, and a 
        public agency shall administer the funds and property.
            ``(2) Provision of services.--
                    ``(A) In general.--The provision of services under 
                this section shall be provided--
                            ``(i) by employees of a public agency; or
                            ``(ii) through contract by the public 
                        agency with an individual, association, agency, 
                        organization, or other entity.
                    ``(B) Independence; public agency.--In the 
                provision of those services, the employee, person, 
                association, agency, organization, or other entity 
                shall be independent of the private school and of any 
                religious organization, and the employment or contract 
                shall be under the control and supervision of the 
                public agency.
                    ``(C) Commingling of funds prohibited.--Funds used 
                to provide services under this section shall not be 
                commingled with non-Federal funds.

``SEC. 5502. STANDARDS FOR BY-PASS.

    ``(a) In General.--If, by reason of any provision of law, a State 
educational agency, local educational agency, educational service 
agency, consortium of those agencies, or other entity is prohibited 
from providing for the participation in programs of children enrolled 
in, or teachers or other educational personnel from, private elementary 
schools and secondary schools, on an equitable basis, or if the 
Secretary determines that the agency, consortium, or entity has 
substantially failed or is unwilling to provide for that participation, 
as required by section 5501, the Secretary shall--
            ``(1) waive the requirements of that section for the 
        agency, consortium, or entity; and
            ``(2) arrange for the provision of equitable services to 
        those children, teachers, or other educational personnel 
        through arrangements that shall be subject to the requirements 
        of this section and of sections 5501, 5503, and 5504.
    ``(b) Determination.--In making the determination under subsection 
(a), the Secretary shall consider one or more factors, including the 
quality, size, scope, and location of the program, and the opportunity 
of private school children, teachers, and other educational personnel 
to participate in the program.

``SEC. 5503. COMPLAINT PROCESS FOR PARTICIPATION OF PRIVATE SCHOOL 
              CHILDREN.

    ``(a) Procedures for Complaints.--The Secretary shall develop and 
implement written procedures for receiving, investigating, and 
resolving complaints from parents, teachers, or other individuals and 
organizations concerning violations of section 5501 by a State 
educational agency, local educational agency, educational service 
agency, consortium of those agencies, or entity. The individual or 
organization shall submit the complaint to the State educational agency 
for a written resolution by the State educational agency within 45 
days.
    ``(b) Appeals to Secretary.--The resolution may be appealed by an 
interested party to the Secretary not later than 30 days after the 
State educational agency resolves the complaint or fails to resolve the 
complaint within the 45-day time limit. The appeal shall be accompanied 
by a copy of the State educational agency's resolution, and, if there 
is one, a complete statement of the reasons supporting the appeal. The 
Secretary shall investigate and resolve the appeal not later than 90 
days after receipt of the appeal.

                       ``Subpart 2--Prohibitions

``SEC. 5521. PROHIBITION AGAINST FEDERAL MANDATES, DIRECTION, OR 
              CONTROL.

    ``(a) In General.--No officer or employee of the Federal Government 
shall, directly or indirectly - through grants, contracts, or other 
cooperative agreements - mandate, direct, or control a State, local 
educational agency, or school's specific instructional content, 
academic standards and assessments, curricula, or program of 
instruction, nor shall anything in this Act be construed to authorize 
such officer or employee to do so.
    ``(b) Financial Support.--No officer or employee of the Federal 
Government shall, directly or indirectly - through grants, contracts, 
or other cooperative agreements - make financial support available in a 
manner that is conditioned upon a State, local educational agency, or 
school's adoption of specific instructional content, academic standards 
and assessments, curriculum, or program of instruction even if such 
requirements are specified in an Act other than this Act, nor shall 
anything in this Act be construed to authorize such officer or employee 
to do so.

``SEC. 5522. PROHIBITIONS ON FEDERAL GOVERNMENT AND USE OF FEDERAL 
              FUNDS.

    ``(a) General Prohibition.--Nothing in this Act shall be construed 
to authorize an officer or employee of the Federal Government directly 
or indirectly - whether through a grant, contract, or cooperative 
agreement - to mandate, direct, or control a State, local educational 
agency, or school's curriculum, program of instruction, or allocation 
of State or local resources, or mandate a State or any subdivision 
thereof to spend any funds or incur any costs not paid for under this 
Act.
    ``(b) Prohibition on Endorsement of Curriculum.--Notwithstanding 
any other prohibition of Federal law, no funds provided to the 
Department under this Act may be used by the Department directly or 
indirectly - whether through a grant, contract, or cooperative 
agreement - to endorse, approve, develop, require, or sanction any 
curriculum designed to be used in an elementary school or secondary 
school.
    ``(c) Local Control.--Nothing in this Act shall be construed to--
            ``(1) authorize an officer or employee of the Federal 
        Government directly or indirectly - whether through a grant, 
        contract, or cooperative agreement - to mandate, direct, 
        review, or control a State, local educational agency, or 
        school's instructional content, curriculum, and related 
        activities;
            ``(2) limit the application of the General Education 
        Provisions Act;
            ``(3) require the distribution of scientifically or 
        medically false or inaccurate materials or to prohibit the 
        distribution of scientifically or medically true or accurate 
        materials; or
            ``(4) create any legally enforceable right.
    ``(d) Prohibition on Requiring Federal Approval or Certification of 
Standards.--Notwithstanding any other provision of Federal law, no 
State shall be required to have academic standards approved or 
certified by the Federal Government, in order to receive assistance 
under this Act.
    ``(e) Rule of Construction on Building Standards.--Nothing in this 
Act shall be construed to mandate national school building standards 
for a State, local educational agency, or school.

``SEC. 5523. PROHIBITION ON FEDERALLY SPONSORED TESTING.

    ``(a) General Prohibition.--Notwithstanding any other provision of 
Federal law and except as provided in subsection (b), no funds provided 
under this Act to the Secretary or to the recipient of any award may be 
used to develop, pilot test, field test, implement, administer, or 
distribute any federally sponsored national test or testing materials 
in reading, mathematics, or any other subject, unless specifically and 
explicitly authorized by law.
    ``(b) Exceptions.--Subsection (a) shall not apply to international 
comparative assessments developed under the authority of section 
153(a)(5) of the Education Sciences Reform Act of 2002 and administered 
to only a representative sample of pupils in the United States and in 
foreign nations.

``SEC. 5524. LIMITATIONS ON NATIONAL TESTING OR CERTIFICATION FOR 
              TEACHERS.

    ``(a) Mandatory National Testing or Certification of Teachers.--
Notwithstanding any other provision of this Act or any other provision 
of law, no funds available to the Department or otherwise available 
under this Act may be used for any purpose relating to a mandatory 
nationwide test or certification of teachers or education 
paraprofessionals, including any planning, development, implementation, 
or administration of such test or certification.
    ``(b) Prohibition on Withholding Funds.--The Secretary is 
prohibited from withholding funds from any State educational agency or 
local educational agency if the State educational agency or local 
educational agency fails to adopt a specific method of teacher or 
paraprofessional certification.

``SEC. 5525. PROHIBITED USES OF FUNDS.

    ``No funds under this Act may be used--
            ``(1) for construction, renovation, or repair of any school 
        facility, except as authorized under title IV or otherwise 
        authorized under this Act;
            ``(2) for medical services, drug treatment or 
        rehabilitation, except for specialized instructional support 
        services or referral to treatment for students who are victims 
        of, or witnesses to, crime or who illegally use drugs;
            ``(3) for transportation unless otherwise authorized under 
        this Act;
            ``(4) to develop or distribute materials, or operate 
        programs or courses of instruction directed at youth, that are 
        designed to promote or encourage sexual activity, whether 
        homosexual or heterosexual;
            ``(5) to distribute or to aid in the distribution by any 
        organization of legally obscene materials to minors on school 
        grounds;
            ``(6) to provide sex education or HIV-prevention education 
        in schools unless that instruction is age appropriate and 
        includes the health benefits of abstinence; or
            ``(7) to operate a program of contraceptive distribution in 
        schools.

                     ``Subpart 3--Other Provisions

``SEC. 5541. ARMED FORCES RECRUITER ACCESS TO STUDENTS AND STUDENT 
              RECRUITING INFORMATION.

    ``(a) Policy.--
            ``(1) Access to student recruiting information.--
        Notwithstanding section 444(a)(5)(B) of the General Education 
        Provisions Act, each local educational agency receiving 
        assistance under this Act shall provide, upon a request made by 
        a military recruiter or an institution of higher education, 
        access to the name, address, and telephone listing of each 
        secondary school student served by the local educational 
        agency, unless the parent of such student has submitted the 
        prior consent request under paragraph (2).
            ``(2) Consent.--
                    ``(A) Opt-out process.--A parent of a secondary 
                school student may submit a written request, to the 
                local educational agency, that the student's name, 
                address, and telephone listing not be released for 
                purposes of paragraph (1) without prior written consent 
                of the parent. Upon receiving such request, the local 
                educational agency may not release the student's name, 
                address, and telephone listing for such purposes 
                without the prior written consent of the parent.
                    ``(B) Notification of opt-out process.--Each local 
                educational agency shall notify the parents of the 
                students served by the agency of the option to make a 
                request described in subparagraph (A).
            ``(3) Same access to students.--Each local educational 
        agency receiving assistance under this Act shall provide 
        military recruiters the same access to secondary school 
        students as is provided generally to institutions of higher 
        education or to prospective employers of those students.
            ``(4) Rule of construction prohibiting opt-in processes.--
        Nothing in this subsection shall be construed to allow a local 
        educational agency to withhold access to a student's name, 
        address, and telephone listing from a military recruiter or 
        institution of higher education by implementing an opt-in 
        process or any other process other than the written consent 
        request process under paragraph (2)(A).
            ``(5) Parental consent.--For purposes of this subsection, 
        whenever a student has attained 18 years of age, the permission 
        or consent required of and the rights accorded to the parents 
        of the student shall only be required of and accorded to the 
        student.
    ``(b) Notification.--The Secretary, in consultation with the 
Secretary of Defense, shall, not later than 120 days after the date of 
enactment of the Student Success Act, notify school leaders, school 
administrators, and other educators about the requirements of this 
section.
    ``(c) Exception.--The requirements of this section do not apply to 
a private secondary school that maintains a religious objection to 
service in the Armed Forces if the objection is verifiable through the 
corporate or other organizational documents or materials of that 
school.

``SEC. 5542. RULEMAKING.

    ``The Secretary shall issue regulations under this Act as 
prescribed under section 1401 only to the extent that such regulations 
are necessary to ensure that there is compliance with the specific 
requirements and assurances required by this Act.

``SEC. 5543. PEER REVIEW.

    ``(a) In General.--If the Secretary uses a peer review panel to 
evaluate an application for any program required under this Act, the 
Secretary shall conduct it in accordance with this section.
    ``(b) Makeup.--The Secretary shall--
            ``(1) solicit nominations for peers to serve on the panel 
        from States that are--
                    ``(A) practitioners in the subject matter; or
                    ``(B) experts in the subject matter; and
            ``(2) select the peers from such nominees, except that 
        there shall be at least 75 percent practitioners on each panel 
        and in each group formed from the panel.
    ``(c) Guidance.--The Secretary shall issue the peer review guidance 
concurrently with the notice of the grant.
    ``(d) Reporting.--The Secretary shall--
            ``(1) make the names of the peer reviewers available to the 
        public before the final deadline for the application of the 
        grant;
            ``(2) make the peer review notes publically available once 
        the review has concluded; and
            ``(3) make any deviations from the peer reviewers' 
        recommendations available to the public with an explanation of 
        the deviation.
    ``(e) Applicant Reviews.--An applicant shall have an opportunity 
within 30 days to review the peer review notes and appeal the score to 
the Secretary prior to the Secretary making any final determination.
    ``(f) Prohibition.--The Secretary, and the Secretary's staff, may 
not attempt to participate in, or influence, the peer review process. 
No Federal employee may participate in, or attempt to influence the 
peer review process, except to respond to questions of a technical 
nature, which shall be publicly reported.

``SEC. 5544. PARENTAL CONSENT.

    ``Upon receipt of written notification from the parents or legal 
guardians of a student, the local educational agency shall withdraw 
such student from any program funded under part B of title III. The 
local educational agency shall make reasonable efforts to inform 
parents or legal guardians of the content of such programs or 
activities funded under this Act, other than classroom instruction.

``SEC. 5551. SEVERABILITY.

    ``If any provision of this Act is held invalid, the remainder of 
this Act shall be unaffected thereby.

``SEC. 5552. DEPARTMENT STAFF.

    ``The Secretary shall--
            ``(1) not later than 60 days after the date of the 
        enactment of the Student Success Act, identify the number of 
        Department employees who worked on or administered each 
        education program and project authorized under this Act, as 
        such program or project was in effect on the day before such 
        enactment date, and publish such information on the 
        Department's website;
            ``(2) not later than 60 days after such enactment date, 
        identify the number of full-time equivalent employees who work 
        on or administer programs or projects authorized under this 
        Act, as in effect on the day before such enactment date, that 
        have been eliminated or consolidated since such date;
            ``(3) not later than 1 year after such enactment date, 
        reduce the workforce of the Department by the number of full-
        time equivalent employees the Department calculated under 
        paragraph (2); and
            ``(4) not later than 1 year after such enactment date, 
        report to the Congress on--
                    ``(A) the number of employees associated with each 
                program or project authorized under this Act 
                administered by the Department;
                    ``(B) the number of full-time equivalent employees 
                who were determined to be associated with eliminated or 
                consolidated programs or projects under paragraph (2); 
                and
                    ``(C) how the Secretary reduced the number of 
                employees at the Department under paragraph (3).

                         ``Part F--Evaluations

``SEC. 5601. EVALUATIONS.

    ``(a) Reservation of Funds.--Except as provided in subsections (b) 
and (c), the Secretary may reserve not more than 0.5 percent of the 
amount appropriated to carry out each categorical program and 
demonstration project authorized under this Act--
            ``(1) to conduct--
                    ``(A) comprehensive evaluations of the program or 
                project; and
                    ``(B) studies of the effectiveness of the program 
                or project and its administrative impact on schools and 
                local educational agencies;
            ``(2) to evaluate the aggregate short- and long-term 
        effects and cost efficiencies across Federal programs assisted 
        or authorized under this Act and related Federal preschool, 
        elementary, and secondary programs under any other Federal law; 
        and
            ``(3) to increase the usefulness of evaluations of grant 
        recipients in order to ensure the continuous progress of the 
        program or project by improving the quality, timeliness, 
        efficiency, and use of information relating to performance 
        under the program or project.
    ``(b) Title I Excluded.--The Secretary may not reserve under 
subsection (a) funds appropriated to carry out any program authorized 
under title I.
    ``(c) Evaluation Activities Authorized Elsewhere.--If, under any 
other provision of this Act (other than title I), funds are authorized 
to be reserved or used for evaluation activities with respect to a 
program or project, the Secretary may not reserve additional funds 
under this section for the evaluation of that program or project.''.
    (b) Technical Amendments.--
            (1) Title ix.--
                    (A) Subpart 1 of part e of title v.--
                            (i) Transfer and redesignation.--Sections 
                        9504 through 9506 (20 U.S.C. 7884; 7885; 7886) 
                        are--
                                    (I) transferred to title V, as 
                                amended by subsection (a) of this 
                                section;
                                    (II) inserted after section 5503 of 
                                such title; and
                                    (III) redesignated as sections 5504 
                                through 5506, respectively.
                            (ii) Amendments.--Section 5504 (as so 
                        redesignated) is amended--
                                    (I) in subsection (a)(1)(A), by 
                                striking ``section 9502'' and inserting 
                                ``section 5502'';
                                    (II) in subsection (b), by striking 
                                ``section 9501'' and inserting 
                                ``section 5501''; and
                                    (III) in subsection (d), by 
                                striking ``No Child Left Behind Act of 
                                2001'' and inserting ``Student Success 
                                Act''.
                    (B) Subpart 2 of part e of title v.--
                            (i) Transfer and redesignation.--Sections 
                        9531, 9533, and 9534 (20 U.S.C. 7911; 7913; 
                        7914) are--
                                    (I) transferred to title V, as 
                                amended by subparagraph (A) of this 
                                paragraph;
                                    (II) inserted after section 5525 of 
                                such title; and
                                    (III) redesignated as sections 5526 
                                through 5528, respectively.
                            (ii) Amendments.--Section 5528 (as so 
                        redesignated) is amended--
                                    (I) by striking ``(a) In General.--
                                Nothing'' and inserting ``Nothing''; 
                                and
                                    (II) by striking subsection (b).
                    (C) Subpart 3 of part e of title v.--Sections 9522, 
                9523, 9524, and 9525 (20 U.S.C. 7902; 7903; 7904; 7905) 
                are--
                            (i) transferred to title V, as amended by 
                        subparagraph (B) of this paragraph;
                            (ii) inserted after section 5544 of such 
                        title; and
                            (iii) redesignated as sections 5545 through 
                        5548, respectively.
            (2) Title iv.--Sections 4141 and 4155 (20 U.S.C. 7151; 
        7161) are--
                    (A) transferred to title V, as amended by paragraph 
                (1) of this subsection;
                    (B) inserted after section 5548 (as so redesignated 
                by paragraph (1)(C)(iii) of this subsection); and
                    (C) redesignated as sections 5549 and 5550, 
                respectively.

SEC. 202. REPEAL.

    Title IX (20 U.S.C. 7801 et seq.), as amended by section 201(b)(1) 
of this title, is repealed.

SEC. 203. OTHER LAWS.

    Beginning on the date of the enactment of this Act, any reference 
in law to the term ``highly qualified'' as defined in section 9101 of 
the Elementary and Secondary Education Act of 1965 shall be treated as 
a reference to such term under section 9101 of the Elementary and 
Secondary Education Act of 1965 as in effect on the day before the date 
of the enactment of this Act.

SEC. 204. AMENDMENT TO IDEA.

    Section 602 of the Individuals with Disabilities Education Act (20 
U.S.C. 1401) is amended by striking paragraph (10).
                                                 Union Calendar No. 320

112th CONGRESS

  2d Session

                               H. R. 3989

                          [Report No. 112-458]

_______________________________________________________________________

                                 A BILL

To support State and local accountability for public education, inform 
     parents of their schools' performance, and for other purposes.

_______________________________________________________________________

                             April 27, 2012

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
```