IB 

Union Calendar No. 321 

112TH CONGRESS 

2D SESSION H. R. 3990 

[Report No. 112–459, Part I] 

To encourage effective teachers in the classrooms of the United States and 

innovative education programs in our Nation’s schools. 

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. DESJARLAIS, Mrs. NOEM, Mrs. ROBY, 

and Mr. HECK) introduced the following bill; which was referred to the 

Committee on Education and the Workforce, and in addition to the Committees on Armed Services and Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of 

such provisions as fall within the jurisdiction of the committee concerned 

APRIL 27, 2012 

Additional sponsors: Mr. KELLY and Mr. BARLETTA

APRIL 27, 2012 

Reported from the Committee on Education and the Workforce with an 

amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

APRIL 27, 2012 

The Committees on Armed Services and Financial Services discharged; committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 

[For text of introduced bill, see copy of bill as introduced on February 9, 2012] 

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A BILL 

To encourage effective teachers in the classrooms of the 

United States and innovative education programs in our 

Nation’s schools. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Encouraging Innovation 

5 and Effective Teachers Act’’. 

6 SEC. 2. TABLE OF CONTENTS. 

7 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—TEACHER PREPARATION AND EFFECTIVENESS 

Sec. 101. Teacher preparation and effectiveness. 

Sec. 102. Conforming repeals. 

TITLE II—PARENTAL ENGAGEMENT AND LOCAL FLEXIBILITY 

Sec. 201. Parental engagement and local flexibility. 

TITLE III—IMPACT AID 

Sec. 301. Purpose. 

Sec. 302. Payments relating to Federal acquisition of real property. 

Sec. 303. Payments for eligible federally connected children. 

Sec. 304. Policies and procedures relating to children residing on Indian lands. 

Sec. 305. Application for payments under sections 8002 and 8003. 

Sec. 306. Construction. 

Sec. 307. Facilities. 

Sec. 308. State consideration of payments providing State aid. 

Sec. 309. Federal administration. 

Sec. 310. Administrative hearings and judicial review. 

Sec. 311. Definitions. 

Sec. 312. Authorization of appropriations. 

Sec. 313. Conforming amendments. 

TITLE IV—TROOPS-TO-TEACHERS PROGRAM 

Sec. 401. Troops-to-teachers program. 

TITLE V—REPEAL 

Sec. 501. Repeal of title VI. 

TITLE VI—HOMELESS EDUCATION 

Sec. 601. Statement of policy. 

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Sec. 602. Grants for State and local activities for the education of homeless children and youths. 

Sec. 603. Local educational agency subgrants for the education of homeless children and youths. 

Sec. 604. Secretarial responsibilities. 

Sec. 605. Definitions. 

Sec. 606. Authorization of appropriations. 

1 SEC. 3. REFERENCES. 

2 Except as otherwise expressly provided, whenever in 

3 this Act an amendment or repeal is expressed in terms of 

4 an amendment to, or repeal of, a section or other provision, 

5 the reference shall be considered to be made to a section or 

6 other provision of the Elementary and Secondary Edu7 cation Act of 1965 (20 U.S.C. 6301 et seq.). 

8 SEC. 4. TRANSITION. 

9 Unless otherwise provided in this Act, any person or 

10 agency that was awarded a grant under the Elementary 

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

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

13 continue to receive funds in accordance with the terms of 

14 such award, except that funds for such award may not con15 tinue more than one year after the date of the enactment 

16 of this Act. 

17 SEC. 5. EFFECTIVE DATES. 

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

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

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

21 (b) NONCOMPETITIVE PROGRAMS.—With respect to 

22 noncompetitive programs under which any funds are allotmstockstill on DSK4VPTVN1PROD with BILLS

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1 ted by the Secretary of Education to recipients on the basis 

2 of a formula, this Act, and the amendments made by this 

3 Act, shall take effect on July 1, 2012. 

4 (c) COMPETITIVE PROGRAMS.—With respect to pro5 grams that are conducted by the Secretary on a competitive 

6 basis, this Act, and the amendments made by this Act, shall 

7 take effect with respect to appropriations for use under those 

8 programs for fiscal year 2013. 

9 (d) IMPACT AID.—With respect to title IV of the Act 

10 (20 U.S.C. 7701 et seq.) (Impact Aid), this Act, and the 

11 amendments made by this Act, shall take effect with respect 

12 to appropriations for use under that title for fiscal year 

13 2013. 

14 SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 

15 The Act (20 U.S.C. 6301 et seq.) is amended by insert16 ing after section 2 the following: 

17 ‘‘SEC. 3. AUTHORIZATIONS OF APPROPRIATIONS. 

18 ‘‘(a) TITLE II.—There are authorized to be appro19 priated to carry out title II $2,988,070,000 for fiscal year 

20 2013. 

21 ‘‘(b) TITLE III.— 

22 ‘‘(1) PART A.— 

23 ‘‘(A) SUBPART 1.—There are authorized to 

24 be appropriated to carry out subpart 1 of part 

25 A of title III $300,000,000 for fiscal year 2013. 

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1 ‘‘(B) SUBPART 2.—There are authorized to 

2 be appropriated to carry out subpart 2 of part 

3 A of title III $99,611,000 for fiscal year 2013. 

4 ‘‘(C) SUBPART 3.—There are authorized to 

5 be appropriated to carry out subpart 3 of part 

6 A of title III $25,000,000 for fiscal year 2013. 

7 ‘‘(2) PART B.—There are authorized to be appro8 priated to carry out part B of title III $2,677,476,000 

9 for fiscal year 2013. 

10 ‘‘(c) TITLE IV.— 

11 ‘‘(1) PAYMENTS FOR FEDERAL ACQUISITION OF

12 REAL PROPERTY.—For the purpose of making pay13 ments under section 4002, there are authorized to be 

14 appropriated $66,947,000 for fiscal year 2013. 

15 ‘‘(2) BASIC PAYMENTS; PAYMENTS FOR HEAVILY

16 IMPACTED LOCAL EDUCATIONAL AGENCIES.—For the 

17 purpose of making payments under section 4003(b), 

18 there are authorized to be appropriated 

19 $1,153,540,000 for fiscal year 2013. 

20 ‘‘(3) PAYMENTS FOR CHILDREN WITH DISABIL21 ITIES.—For the purpose of making payments under 

22 section 4003(d), there are authorized to be appro23 priated $48,413,000 for fiscal year 2013. 

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1 ‘‘(4) CONSTRUCTION.—For the purpose of car2 rying out section 4007, there are authorized to be ap3 propriated $17,441,000 for fiscal year 2013. 

4 ‘‘(5) FACILITIES MAINTENANCE.—For the pur5 pose of carrying out section 4008, there are author6 ized to be appropriated $4,845,000 for fiscal year 

7 2013. 

8 ‘‘(d) OUT YEARS.—The amounts authorized in sub9 sections (a), (b), and (c) shall be increased for each of fiscal 

10 years 2014 through 2018 by a percentage equal to the per11 centage of inflation according to the Consumer Price Index, 

12 for the calendar year ending prior to the beginning of that 

13 fiscal year.’’. 

14 TITLE I—TEACHER PREPARA15 TION AND EFFECTIVENESS 

16 SEC. 101. TEACHER PREPARATION AND EFFECTIVENESS. 

17 (a) HEADING.—The title heading for title II (20 

18 U.S.C. 6601 et seq.) is amended to read as follows: 

19 ‘‘TITLE II—TEACHER PREPARA20 TION AND EFFECTIVENESS’’. 

21 (b) PART A.—Part A of title II (20 U.S.C. 6601 et 

22 seq.) is amended to read as follows: 

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1 ‘‘PART A—SUPPORTING EFFECTIVE INSTRUCTION 

2 ‘‘SEC. 2101. PURPOSE. 

3 ‘‘The purpose of this part is to provide grants to State 

4 educational agencies and subgrants to local educational 

5 agencies to— 

6 ‘‘(1) increase student achievement consistent with 

7 State academic standards under section 1111; 

8 ‘‘(2) improve teacher and school leader effective9 ness; 

10 ‘‘(3) provide evidence-based, continuous, job-em11 bedded professional development; and 

12 ‘‘(4) develop and implement teacher evaluation 

13 systems to link teacher performance with student 

14 achievement to determine teacher effectiveness. 

15 ‘‘Subpart 1—Grants to States 

16 ‘‘SEC. 2111. ALLOTMENTS TO STATES. 

17 ‘‘(a) IN GENERAL.—Of the amounts appropriated 

18 under section 3(a), the Secretary shall reserve 75 percent 

19 to make grants to States with applications approved under 

20 section 2112 to pay for the Federal share of the cost of car21 rying out the activities specified in section 2113. Each 

22 grant shall consist of the allotment determined for a State 

23 under subsection (b). 

24 ‘‘(b) DETERMINATION OF ALLOTMENTS.— 

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1 ‘‘(1) RESERVATION OF FUNDS.—Of the amount 

2 reserved under subsection (a) for a fiscal year, the 

3 Secretary shall reserve— 

4 ‘‘(A) not more than 1 percent to carry out 

5 national activities under section 2132; 

6 ‘‘(B) one-half of 1 percent for allotments to 

7 outlying areas on the basis of their relative need, 

8 as determined by the Secretary, in accordance 

9 with the purpose of this part; and 

10 ‘‘(C) one-half of 1 percent for the Secretary 

11 of the Interior for programs under this part in 

12 schools operated or funded by the Bureau of In13 dian Education. 

14 ‘‘(2) STATE ALLOTMENTS.— 

15 ‘‘(A) IN GENERAL.—Subject to subpara16 graph (B), from the funds reserved under sub17 section (a) for any fiscal year and not reserved 

18 under paragraph (1), the Secretary shall allot to 

19 each State the sum of— 

20 ‘‘(i) an amount that bears the same re21 lationship to 50 percent of the funds as the 

22 number of individuals age 5 through 17 in 

23 the State, as determined by the Secretary on 

24 the basis of the most recent satisfactory 

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1 uals in all such States, as so determined; 

2 and 

3 ‘‘(ii) an amount that bears the same 

4 relationship to 50 percent of the funds as 

5 the number of individuals age 5 through 17 

6 from families with incomes below the pov7 erty line in the State, as determined by the 

8 Secretary on the basis of the most recent 

9 satisfactory data, bears to the number of 

10 those individuals in all such States, as so 

11 determined. 

12 ‘‘(B) SMALL STATE MINIMUM.—No State re13 ceiving an allotment under subparagraph (A) 

14 may receive less than one-half of 1 percent of the 

15 total amount of funds allotted under such sub16 paragraph for a fiscal year. 

17 ‘‘(c) ALTERNATE DISTRIBUTION OF FUNDS.— 

18 ‘‘(1) IN GENERAL.—Subject to paragraphs (2) 

19 through (5), if a State does not apply to the Secretary 

20 for an allotment under this section, a local edu21 cational agency located in such State may apply to 

22 the Secretary for a portion of the funds that would 

23 have been allotted to the State had such State applied 

24 for an allotment under this section to carry out the 

25 activities under this part. 

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1 ‘‘(2) APPLICATION.—In order to receive an allot2 ment under paragraph (1), a local educational agency 

3 shall submit to the Secretary an application at such 

4 time, in such manner, and containing the informa5 tion described in section 2122. 

6 ‘‘(3) USE OF FUNDS.—A local educational agen7 cy receiving an allotment under paragraph (1)— 

8 ‘‘(A) shall use such funds to carry out the 

9 activities described in section 2123(1); and 

10 ‘‘(B) may use such funds to carry out the 

11 activities described in section 2123(2). 

12 ‘‘(4) REPORTING REQUIREMENTS.—A local edu13 cational agency receiving an allotment under para14 graph (1) shall carry out the reporting requirements 

15 described in section 2131(a), except that annual re16 ports shall be submitted to the Secretary and not a 

17 State educational agency. 

18 ‘‘(5) AMOUNT OF ALLOTMENT.—An allotment 

19 made to a local educational agency under paragraph 

20 (1) for a fiscal year shall be equal to the amount of 

21 subgrant funds that the local educational agency 

22 would have received under subpart 2 had such agency 

23 applied for a subgrant under such subpart for such 

24 fiscal year. 

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1 ‘‘(d) REALLOTMENT.—If a State does not apply for an 

2 allotment under this section for any fiscal year or only a 

3 portion of the State’s allotment is allotted under subsection 

4 (c), the Secretary shall reallot the State’s entire allotment 

5 or the remaining portion of its allotment, as the case may 

6 be, to the remaining States in accordance with subsection 

7 (b). 

8 ‘‘SEC. 2112. STATE APPLICATION. 

9 ‘‘(a) IN GENERAL.—For a State to be eligible to receive 

10 a grant under this subpart, the State educational agency 

11 shall submit an application to the Secretary at such time 

12 and in such a manner as the Secretary may reasonably 

13 require, which shall include the following: 

14 ‘‘(1) A description of how the State educational 

15 agency will meet the requirements of this subpart. 

16 ‘‘(2) A description of how the State educational 

17 agency will use a grant received under section 2111, 

18 including the grant funds the State will reserve for 

19 State-level activities under section 2113(a)(2). 

20 ‘‘(3) A description of how the State educational 

21 agency will facilitate the sharing of evidence-based 

22 and other effective strategies among local educational 

23 agencies. 

24 ‘‘(4) In the case of a State educational agency 

25 that is not developing or implementing a statewide 

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1 teacher evaluation system, a description of how the 

2 State educational agency will ensure that each local 

3 educational agency in the State receiving a subgrant 

4 under subpart 2 will implement a teacher evaluation 

5 system that meets the requirements of clauses (i) 

6 through (v) of section 2123(1)(A). 

7 ‘‘(5) In the case of a State educational agency 

8 that is developing or implementing a statewide teach9 er evaluation system— 

10 ‘‘(A) a description of how the State edu11 cational agency will work with local educational 

12 agencies in the State to implement the statewide 

13 teacher evaluation system within 3 years of the 

14 date of enactment of the Encouraging Innovation 

15 and Effective Teachers Act; and 

16 ‘‘(B) an assurance that the statewide teach17 er evaluation system complies with clauses (i) 

18 through (v) of section 2123(1)(A). 

19 ‘‘(6) An assurance that the State educational 

20 agency will comply with section 5501 (regarding par21 ticipation by private school children and teachers). 

22 ‘‘(b) DEEMED APPROVAL.—An application submitted 

23 by a State educational agency under subsection (a) shall 

24 be deemed to be approved by the Secretary unless the Sec25 retary makes a written determination, prior to the expiramstockstill on DSK4VPTVN1PROD with BILLS

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1 tion of the 120-day period beginning on the date on which 

2 the Secretary received the application, that the application 

3 is not in compliance with this subpart. 

4 ‘‘(c) DISAPPROVAL.—The Secretary shall not finally 

5 disapprove an application, except after giving the State 

6 educational agency notice and an opportunity for a hear7 ing. 

8 ‘‘(d) NOTIFICATION.—If the Secretary finds that an 

9 application is not in compliance, in whole or in part, with 

10 this subpart, the Secretary shall— 

11 ‘‘(1) give the State educational agency notice 

12 and an opportunity for a hearing; and 

13 ‘‘(2) notify the State educational agency of the 

14 finding of noncompliance and, in such notification, 

15 shall— 

16 ‘‘(A) cite the specific provisions in the ap17 plication that are not in compliance; and 

18 ‘‘(B) request additional information, only 

19 as to the noncompliant provisions, needed to 

20 make the application compliant. 

21 ‘‘(e) RESPONSE.—If a State educational agency re22 sponds to a notification from the Secretary under subsection 

23 (d)(2) during the 45-day period beginning on the date on 

24 which the agency received the notification, and resubmits 

25 the application with the requested information described in 

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1 subsection (d)(2)(B), the Secretary shall approve or dis2 approve such application prior to the later of— 

3 ‘‘(1) the expiration of the 45-day period begin4 ning on the date on which the application is resub5 mitted; or 

6 ‘‘(2) the expiration of the 120-day period de7 scribed in subsection (b). 

8 ‘‘(f) FAILURE TO RESPOND.—If a State educational 

9 agency does not respond to a notification from the Secretary 

10 under subsection (d)(2) during the 45-day period beginning 

11 on the date on which the agency received the notification, 

12 such application shall be deemed to be disapproved. 

13 ‘‘SEC. 2113. STATE USE OF FUNDS. 

14 ‘‘(a) IN GENERAL.—A State educational agency that 

15 receives a grant under section 2111 shall— 

16 ‘‘(1) reserve 95 percent of the grant funds to 

17 make subgrants to local educational agencies under 

18 subpart 2; and 

19 ‘‘(2) use the remainder of the funds, after reserv20 ing funds under paragraph (1), for the State activi21 ties described in subsection (b), except that the State 

22 may reserve not more than 1 percent of the grant 

23 funds for planning and administration related to car24 rying out activities described in subsection (b). 

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1 ‘‘(b) STATE-LEVEL ACTIVITIES.—A State educational 

2 agency that receives a grant under section 2111— 

3 ‘‘(1) shall use the amount described in subsection 

4 (a)(2) to— 

5 ‘‘(A) provide training and technical assist6 ance to local educational agencies on— 

7 ‘‘(i) in the case of a State educational 

8 agency not implementing a statewide teach9 er evaluation system— 

10 ‘‘(I) the development and imple11 mentation of a teacher evaluation sys12 tem that meets the requirements of 

13 clauses (i) through (v) of section 

14 2123(1)(A); and 

15 ‘‘(II) training school leaders in 

16 using such evaluation system; or 

17 ‘‘(ii) in the case of a State educational 

18 agency implementing a statewide teacher 

19 evaluation system, implementing such eval20 uation system; and 

21 ‘‘(B) fulfill the State educational agency’s 

22 responsibilities with respect to the proper and ef23 ficient administration of the subgrant program 

24 carried out under this part; and 

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1 ‘‘(2) may use the amount described in subsection 

2 (a)(2) to— 

3 ‘‘(A) disseminate and share evidence-based 

4 and other effective practices related to teacher 

5 and school leader effectiveness and professional 

6 development; and 

7 ‘‘(B) provide professional development for 

8 teachers and school leaders in the State con9 sistent with clauses (i) through (v) of section 

10 2123(2)(B). 

11 ‘‘Subpart 2—Subgrants to Local Educational 

12 Agencies 

13 ‘‘SEC. 2121. ALLOCATIONS TO LOCAL EDUCATIONAL AGEN14 CIES. 

15 ‘‘(a) IN GENERAL.—Each State receiving a grant 

16 under section 2111 shall use the funds reserved under sec17 tion 2113(a)(1) to award subgrants to local educational 

18 agencies under this section. 

19 ‘‘(b) ALLOCATION OF FUNDS.—From the funds re20 served by a State under section 2113(a)(1), the State edu21 cational agency shall allocate to each local educational 

22 agency in the State the sum of— 

23 ‘‘(1) an amount that bears the same relationship 

24 to 50 percent of the funds as the number of individ25 uals age 5 through 17 in the geographic area served 

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1 by the local educational agency, as determined by the 

2 State on the basis of the most recent satisfactory data, 

3 bears to the number of those individuals in the geo4 graphic areas served by all the local educational agen5 cies in the State, as so determined; and 

6 ‘‘(2) an amount that bears the same relationship 

7 to 50 percent of the funds as the number of individ8 uals age 5 through 17 from families with incomes 

9 below the poverty line in the geographic area served 

10 by the local educational agency, as determined by the 

11 State on the basis of the most recent satisfactory data, 

12 bears to the number of those individuals in the geo13 graphic areas served by all the local educational agen14 cies in the State, as so determined. 

15 ‘‘SEC. 2122. LOCAL APPLICATIONS. 

16 ‘‘To be eligible to receive a subgrant under this sub17 part, a local educational agency shall submit an applica18 tion to the State educational agency involved at such time, 

19 in such a manner, and containing such information as the 

20 State educational agency may reasonably require that, at 

21 a minimum, shall include the following: 

22 ‘‘(1) A description of— 

23 ‘‘(A) how the local educational agency will 

24 meet the requirements of this subpart; 

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1 ‘‘(B) how the activities to be carried out by 

2 the local educational agency under this subpart 

3 will be evidence-based, improve student academic 

4 achievement, and improve teacher and school 

5 leader effectiveness; 

6 ‘‘(C) in the case of a local educational agen7 cy not in a State with a statewide teacher eval8 uation system, the teacher evaluation system that 

9 will be developed and implemented under section 

10 2123(1) and how such system will meet the re11 quirements described in clauses (i) through (v) of 

12 section 2123(1)(A); 

13 ‘‘(D) how, in developing and implementing 

14 such a teacher evaluation system, the local edu15 cational agency will work with parents, teachers, 

16 school leaders, and other staff of the schools 

17 served by the local educational agency; and 

18 ‘‘(E) how the local educational agency will 

19 develop and implement such a teacher evaluation 

20 system within 3 years of the date of enactment 

21 of the Encouraging Innovation and Effective 

22 Teachers Act. 

23 ‘‘(2) In the case of a local educational agency in 

24 a State with a statewide teacher evaluation system, a 

25 description of how the local educational agency will 

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1 work with the State educational agency to implement 

2 the statewide teacher evaluation system within 3 

3 years of the date of enactment of the Encouraging In4 novation and Effective Teachers Act. 

5 ‘‘(3) An assurance that the local educational 

6 agency will comply with section 5501 (regarding par7 ticipation by private school children and teachers). 

8 ‘‘SEC. 2123. LOCAL USE OF FUNDS. 

9 ‘‘A local educational agency receiving a subgrant 

10 under this subpart— 

11 ‘‘(1) shall use such funds— 

12 ‘‘(A) to develop and implement a teacher 

13 evaluation system that— 

14 ‘‘(i) uses student achievement data de15 rived from a variety of sources as a signifi16 cant factor in determining a teacher’s eval17 uation, with the weight given to such data 

18 defined by the local educational agency; 

19 ‘‘(ii) uses multiple measures of evalua20 tion for evaluating teachers; 

21 ‘‘(iii) has more than 2 categories for 

22 rating the performance of teachers; 

23 ‘‘(iv) shall be used to make personnel 

24 decisions, as determined by the local edu25 cational agency; and 

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1 ‘‘(v) is based on input from parents, 

2 school leaders, teachers, and other staff of 

3 schools served by the local educational agen4 cy; or 

5 ‘‘(B) in the case of a local educational agen6 cy located in a State implementing a statewide 

7 teacher evaluation system, to implement such 

8 evaluation system; and 

9 ‘‘(2) may use such funds for— 

10 ‘‘(A) the training of school leaders for the 

11 purpose of evaluating teachers under a teacher 

12 evaluation system described in subparagraph (A) 

13 or (B) of paragraph (1), as appropriate; 

14 ‘‘(B) professional development for teachers 

15 and school leaders that is evidence-based, job-em16 bedded, and continuous, such as— 

17 ‘‘(i) subject-based professional develop18 ment for teachers; 

19 ‘‘(ii) professional development aligned 

20 with the State’s academic standards; 

21 ‘‘(iii) professional development for 

22 teachers of students with disabilities and 

23 English learners; 

24 ‘‘(iv) professional development for 

25 teachers identified as in need of additional 

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1 support through data provided by a teacher 

2 evaluation system described in subpara3 graph (A) or (B) of paragraph (1), as ap4 propriate; 

5 ‘‘(v) professional development based on 

6 the current science of learning, which in7 cludes research on positive brain change 

8 and cognitive skill development; 

9 ‘‘(vi) professional development for 

10 school leaders, including mentorship pro11 grams for such leaders; or 

12 ‘‘(vii) professional development on in13 tegrated, interdisciplinary, and project14 based teaching strategies, including for ca15 reer and technical education teachers; 

16 ‘‘(C) partnering with a public or private 

17 organization or a consortium of such organiza18 tions to develop and implement a teacher evalua19 tion system described in subparagraph (A) or 

20 (B) of paragraph (1), as appropriate; 

21 ‘‘(D) any activities authorized under section 

22 2222(a); or 

23 ‘‘(E) class size reduction, except that the 

24 local educational agency may use not more than 

25 10 percent of such funds for this purpose. 

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1 ‘‘Subpart 3—General Provisions 

2 ‘‘SEC. 2131. REPORTING REQUIREMENTS. 

3 ‘‘(a) LOCAL EDUCATIONAL AGENCIES.—Each local 

4 educational agency receiving a subgrant under subpart 2 

5 shall submit to the State educational agency involved, on 

6 an annual basis until the last year in which the local edu7 cational agency receives such subgrant funds, a report on— 

8 ‘‘(1) how the local educational agency is meeting 

9 the purposes of this part described in section 2101; 

10 ‘‘(2) how the local educational agency is using 

11 such subgrant funds; 

12 ‘‘(3) the number and percentage of teachers in 

13 each category established under clause (iii) of section 

14 2123(1)(A), except that such report shall not reveal 

15 personally identifiable information about an indi16 vidual teacher; and 

17 ‘‘(4) any such other information as the State 

18 educational agency may require. 

19 ‘‘(b) STATE EDUCATIONAL AGENCIES.—Each State 

20 educational agency receiving a grant under subpart 1 shall 

21 submit to the Secretary a report, on an annual basis until 

22 the last year in which the State educational agency receives 

23 such grant funds, on— 

24 ‘‘(1) how the State educational agency is meeting 

25 the purposes of this part described in section 2101; 

26 and 

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1 ‘‘(2) how the State educational agency is using 

2 such grant funds. 

3 ‘‘SEC. 2132. NATIONAL ACTIVITIES. 

4 ‘‘From the funds reserved by the Secretary under sec5 tion 2111(b)(1)(A), the Secretary shall, directly or through 

6 grants and contracts— 

7 ‘‘(1) provide technical assistance to States and 

8 local educational agencies in carrying out activities 

9 under this part; and 

10 ‘‘(2) acting through the Institute of Education 

11 Sciences, conduct national evaluations of activities 

12 carried out by State educational agencies and local 

13 educational agencies under this part. 

14 ‘‘SEC. 2133. STATE DEFINED. 

15 ‘‘In this part, the term ‘State’ means each of the 50 

16 States, the District of Columbia, and the Commonwealth 

17 of Puerto Rico.’’. 

18 (c) PART B.—Part B of title II (20 U.S.C. 6661 et 

19 seq.) is amended to read as follows: 

20 ‘‘PART B—TEACHER AND SCHOOL LEADER 

21 FLEXIBLE GRANT 

22 ‘‘SEC. 2201. PURPOSE. 

23 ‘‘The purpose of this part is to improve student aca24 demic achievement in the core academic subjects by— 

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1 ‘‘(1) supporting all State educational agencies, 

2 local educational agencies, schools, teachers, and 

3 school leaders to help all students meet the State’s 

4 academic standards; and 

5 ‘‘(2) increasing the number of teachers and 

6 school leaders who are effective in increasing student 

7 academic achievement. 

8 ‘‘Subpart 1—Formula Grants to States 

9 ‘‘SEC. 2211. STATE ALLOTMENTS. 

10 ‘‘(a) RESERVATIONS.—From the amount appropriated 

11 under section 3(a) for any fiscal year, the Secretary— 

12 ‘‘(1) shall reserve 25 percent to award grants to 

13 States under this subpart; and 

14 ‘‘(2) of the amount reserved under paragraph 

15 (1), shall reserve— 

16 ‘‘(A) not more than 1 percent for national 

17 activities described in section 2233; 

18 ‘‘(B) one-half of 1 percent for allotments to 

19 outlying areas on the basis of their relative need, 

20 as determined by the Secretary, in accordance 

21 with the purpose of this part; and 

22 ‘‘(C) one-half of 1 percent for the Secretary 

23 of the Interior for programs under this part in 

24 schools operated or funded by the Bureau of In25 dian Education. 

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1 ‘‘(b) STATE ALLOTMENTS.— 

2 ‘‘(1) IN GENERAL.—From the total amount re3 served under subsection (a)(1) for each fiscal year and 

4 not reserved under subparagraphs (A) through (C) of 

5 subsection (a)(2), the Secretary shall allot, and make 

6 available in accordance with this section, to each 

7 State an amount that bears the same ratio to such 

8 sums as the school-age population of the State bears 

9 to the school-age population of all States. 

10 ‘‘(2) SMALL STATE MINIMUM.—No State receiv11 ing an allotment under paragraph (1) may receive 

12 less than one-half of 1 percent of the total amount al13 lotted under such paragraph. 

14 ‘‘(3) REALLOTMENT.—If a State does not receive 

15 an allotment under this subpart for a fiscal year, the 

16 Secretary shall reallot the amount of the State’s allot17 ment to the remaining States in accordance with this 

18 section. 

19 ‘‘(c) STATE APPLICATION.—In order to receive an al20 lotment under this section for any fiscal year, a State shall 

21 submit an application to the Secretary, at such time and 

22 in such manner as the Secretary may reasonably require. 

23 Such application shall— 

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1 ‘‘(1) designate the State educational agency as 

2 the agency responsible for the administration and su3 pervision of programs assisted under this part; 

4 ‘‘(2) describe how the State educational agency 

5 will use funds received under this section for State 

6 level activities described in subsection (d)(3); 

7 ‘‘(3) describe the procedures and criteria the 

8 State educational agency will use for reviewing appli9 cations and awarding subgrants to eligible entities 

10 under section 2221 on a competitive basis; 

11 ‘‘(4) describe how the State educational agency 

12 will ensure that subgrants made under section 2221 

13 are of sufficient size and scope to support effective 

14 programs that will help increase academic achieve15 ment in the classroom and are consistent with the 

16 purposes of this part; 

17 ‘‘(5) describe the steps the State educational 

18 agency will take to ensure that eligible entities use 

19 subgrant funds received under section 2221 to carry 

20 out programs that implement effective strategies, in21 cluding by providing ongoing technical assistance and 

22 training, and disseminating evidence-based and other 

23 effective strategies to such eligible entities; 

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1 ‘‘(6) describe how programs under this part will 

2 be coordinated with other programs under this Act; 

3 and 

4 ‘‘(7) include an assurance that, other than pro5 viding technical and advisory assistance and moni6 toring compliance with this part, the State edu7 cational agency has not exercised, and will not exer8 cise, any influence in the decision-making processes of 

9 eligible entities as to the expenditure of funds made 

10 pursuant to an application submitted under section 

11 2221(b). 

12 ‘‘(d) STATE USE OF FUNDS.— 

13 ‘‘(1) IN GENERAL.—Each State that receives an 

14 allotment under this section shall reserve not less than 

15 92 percent of the amount allotted to such State under 

16 subsection (b), for each fiscal year, for subgrants to el17 igible entities under subpart 2. 

18 ‘‘(2) STATE ADMINISTRATION.—A State edu19 cational agency may reserve not more than 1 percent 

20 of the amount made available to the State under sub21 section (b) for the administrative costs of carrying out 

22 such State educational agency’s responsibilities under 

23 this subpart. 

24 ‘‘(3) STATE-LEVEL ACTIVITIES.— 

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1 ‘‘(A) INNOVATIVE TEACHER AND SCHOOL

2 LEADER ACTIVITIES.—A State educational agen3 cy shall reserve not more than 4 percent of the 

4 amount made available to the State under sub5 section (b) to carry out 1 or more of the fol6 lowing activities: 

7 ‘‘(i) Reforming teacher and school lead8 er certification, recertification, licensing, 

9 and tenure systems to ensure that— 

10 ‘‘(I) each teacher has the subject 

11 matter knowledge and teaching skills 

12 necessary to help students meet the 

13 State’s academic standards; and 

14 ‘‘(II) school leaders have the in15 structional leadership skills to help 

16 teachers instruct and students learn. 

17 ‘‘(ii) Carrying out programs that es18 tablish, expand, or improve alternative 

19 routes for State certification or licensure of 

20 teachers and school leaders, including such 

21 programs for— 

22 ‘‘(I) mid-career professionals from 

23 other occupations, including science, 

24 technology, engineering, and math 

25 fields; 

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1 ‘‘(II) former military personnel; 

2 and 

3 ‘‘(III) recent graduates of an in4 stitution of higher education, with a 

5 record of academic distinction, who 

6 demonstrate the potential to become ef7 fective teachers or school leaders. 

8 ‘‘(iii) Developing, or assisting eligible 

9 entities in developing— 

10 ‘‘(I) performance-based pay sys11 tems for teachers and school leaders; 

12 ‘‘(II) strategies that provide dif13 ferential, incentive, or bonus pay for 

14 teachers; or 

15 ‘‘(III) teacher advancement initia16 tives that promote professional growth 

17 and emphasize multiple career paths 

18 and pay differentiation. 

19 ‘‘(iv) Developing, or assisting eligible 

20 entities in developing, new teacher and 

21 school leaders induction and mentoring pro22 grams that are designed to— 

23 ‘‘(I) improve instruction and stu24 dent learning and achievement; and 

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1 ‘‘(II) increase the retention of ef2 fective teachers and school leaders. 

3 ‘‘(v) Providing professional develop4 ment for teachers and school leaders that is 

5 focused on— 

6 ‘‘(I) improving teaching and stu7 dent learning and achievement in the 

8 core academic subjects; and 

9 ‘‘(II) improving teaching, student 

10 learning, and achievement for students 

11 with disabilities, English learners, and 

12 other special populations. 

13 ‘‘(vi) Providing training and technical 

14 assistance to eligible entities that receive a 

15 subgrant under section 2221. 

16 ‘‘(vii) Other activities identified by the 

17 State educational agency that meet the pur18 poses of this part, including those activities 

19 authorized under subparagraph (B). 

20 ‘‘(B) TEACHER OR SCHOOL LEADER PREPA21 RATION ACADEMIES.— 

22 ‘‘(i) IN GENERAL.—In the case of a 

23 State in which teacher or school leader 

24 preparation academies are allowable under 

25 State law, a State educational agency may 

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1 reserve not more than 3 percent of the 

2 amount made available to the State under 

3 subsection (b) to support the establishment 

4 or expansion of one or more teacher or 

5 school leader preparation academies and, 

6 subject to the limitation under clause (iii), 

7 to support State authorizers for such acad8 emies. 

9 ‘‘(ii) MATCHING REQUIREMENT.—A 

10 State educational agency shall not provide 

11 funds under this subparagraph to support 

12 the establishment or expansion of a teacher 

13 or school leader preparation academy unless 

14 the academy agrees to provide, either di15 rectly or through private contributions, non16 Federal matching funds equal to not less 

17 than 10 percent of the amount of the funds 

18 the academy will receive under this sub19 paragraph. 

20 ‘‘(iii) FUNDING FOR STATE AUTHOR21 IZERS.—Not more than 5 percent of funds 

22 provided to a teacher or school leader prepa23 ration academy under this subparagraph 

24 may be used to support activities of State 

25 authorizers for such academy. 

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1 ‘‘SEC. 2212. APPROVAL AND DISAPPROVAL OF STATE APPLI2 CATIONS. 

3 ‘‘(a) DEEMED APPROVAL.—An application submitted 

4 by a State pursuant to section 2211(c) shall be deemed to 

5 be approved by the Secretary unless the Secretary makes 

6 a written determination, prior to the expiration of the 120- 

7 day period beginning on the date on which the Secretary 

8 received the application, that the application is not in com9 pliance with section 2211(c). 

10 ‘‘(b) DISAPPROVAL PROCESS.— 

11 ‘‘(1) IN GENERAL.—The Secretary shall not fi12 nally disapprove an application submitted under sec13 tion 2211(c), except after giving the State educational 

14 agency notice and an opportunity for a hearing. 

15 ‘‘(2) NOTIFICATION.—If the Secretary finds that 

16 an application is not in compliance, in whole or in 

17 part, with section 2211(c) the Secretary shall— 

18 ‘‘(A) give the State educational agency no19 tice and an opportunity for a hearing; and 

20 ‘‘(B) notify the State educational agency of 

21 the finding of noncompliance and, in such notifi22 cation, shall— 

23 ‘‘(i) cite the specific provisions in the 

24 application that are not in compliance; and 

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1 ‘‘(ii) request additional information, 

2 only as to the noncompliant provisions, 

3 needed to make the application compliant. 

4 ‘‘(3) RESPONSE.—If a State educational agency 

5 responds to a notification from the Secretary under 

6 paragraph (2)(B) during the 45-day period beginning 

7 on the date on which the State educational agency re8 ceived the notification, and resubmits the application 

9 with the requested information described in para10 graph (2)(B)(ii), the Secretary shall approve or dis11 approve such application prior to the later of— 

12 ‘‘(A) the expiration of the 45-day period be13 ginning on the date on which the application is 

14 resubmitted; or 

15 ‘‘(B) the expiration of the 120-day period 

16 described in subsection (a). 

17 ‘‘(4) FAILURE TO RESPOND.—If the State edu18 cational agency does not respond to a notification 

19 from the Secretary under paragraph (2)(B) during 

20 the 45-day period beginning on the date on which the 

21 State educational agency received the notification, 

22 such application shall be deemed to be disapproved. 

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1 ‘‘Subpart 2—Local Competitive Grant Program 

2 ‘‘SEC. 2221. LOCAL COMPETITIVE GRANT PROGRAM. 

3 ‘‘(a) IN GENERAL.—A State that receives an allotment 

4 under section 2211(b) for a fiscal year shall use the amount 

5 reserved under section 2211(d)(1) to award subgrants, on 

6 a competitive basis, to eligible entities in accordance with 

7 this section to enable such entities to carry out the programs 

8 and activities described in section 2222. 

9 ‘‘(b) APPLICATION.— 

10 ‘‘(1) IN GENERAL.—To be eligible to receive a 

11 subgrant under this section, an eligible entity shall 

12 submit an application to the State educational agen13 cy at such time, in such manner, and including such 

14 information as the State educational agency may rea15 sonably require. 

16 ‘‘(2) CONTENTS.—Each application submitted 

17 under paragraph (1) shall include— 

18 ‘‘(A) a description of the programs and ac19 tivities to be funded and how they are consistent 

20 with the purposes of this part; and 

21 ‘‘(B) an assurance that the eligible entity 

22 will comply with section 5501 (regarding par23 ticipation by private school children and teach24 ers). 

25 ‘‘(c) PEER REVIEW.—In reviewing applications under 

26 this section, a State educational agency shall use a peer 

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1 review process or other methods of assuring the quality of 

2 such applications but the review shall only judge the likeli3 hood of the activity to increase student academic achieve4 ment. The reviewers shall not make a determination based 

5 on the policy of the proposed activity. 

6 ‘‘(d) GEOGRAPHIC DIVERSITY.—A State educational 

7 agency shall distribute funds under this section equitably 

8 among geographic areas within the State, including rural, 

9 suburban, and urban communities. 

10 ‘‘(e) DURATION OF AWARDS.—A State educational 

11 agency may award subgrants under this section for a period 

12 of not more than 5 years. 

13 ‘‘(f) MATCHING.—An eligible entity receiving a 

14 subgrant under this section shall provide, either directly or 

15 through private contributions, non-Federal matching funds 

16 equal to not less than 10 percent of the amount of the 

17 subgrant. 

18 ‘‘SEC. 2222. LOCAL AUTHORIZED ACTIVITIES. 

19 ‘‘(a) IN GENERAL.—Each eligible entity receiving a 

20 subgrant under section 2221 shall use such subgrant funds 

21 to develop, implement, and evaluate comprehensive pro22 grams and activities, that are in accordance with the pur23 pose of this part and— 

24 ‘‘(1) are consistent with the principles of effec25 tiveness described in subsection (b); and 

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1 ‘‘(2) may include, among other programs and 

2 activities— 

3 ‘‘(A) developing and implementing initia4 tives to assist in recruiting, hiring, and retain5 ing highly effective teachers and school leaders, 

6 including initiatives that provide— 

7 ‘‘(i) differential, incentive, or bonus 

8 pay for teachers; 

9 ‘‘(ii) performance-based pay systems 

10 for teachers and school leaders; 

11 ‘‘(iii) teacher advancement initiatives 

12 that promote professional growth and em13 phasize multiple career paths and pay dif14 ferentiation; 

15 ‘‘(iv) new teacher and school leader in16 duction and mentoring programs that are 

17 designed to improve instruction, student 

18 learning and achievement, and to increase 

19 teacher and school leader retention; and 

20 ‘‘(v) teacher residency programs, and 

21 school leader residency programs, designed 

22 to develop and support new teachers or new 

23 school leaders, respectively; 

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1 ‘‘(B) supporting the establishment or expan2 sion of teacher or school leader preparation acad3 emies under section 2221(d)(3)(B); 

4 ‘‘(C) recruiting qualified individuals from 

5 other fields, including individuals from science, 

6 technology, engineering, and math fields, mid-ca7 reer professionals from other occupations, and 

8 former military personnel; 

9 ‘‘(D) establishing, improving, or expanding 

10 model instructional programs in the core aca11 demic subjects to ensure that all children meet 

12 the State’s academic standards; 

13 ‘‘(E) providing high-quality professional de14 velopment for teachers and school leaders focused 

15 on improving teaching and student learning and 

16 achievement in the core academic subjects; 

17 ‘‘(F) implementing programs based on the 

18 current science of learning, which includes re19 search on positive brain change and cognitive 

20 skill development; and 

21 ‘‘(G) other activities and programs identi22 fied as necessary by the local educational agency 

23 that meet the purpose of this part. 

24 ‘‘(b) PRINCIPLES OF EFFECTIVENESS.—For a pro25 gram or activity developed pursuant to this section to meet 

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1 the principles of effectiveness, such program or activity 

2 shall— 

3 ‘‘(1) be based upon an assessment of objective 

4 data regarding the need for programs and activities 

5 in the elementary schools and secondary schools served 

6 to increase the number of teachers and school leaders 

7 who are effective in improving student academic 

8 achievement; 

9 ‘‘(2) reflect evidence-based research, or in the ab10 sence of a strong research base, reflect effective strate11 gies in the field, that provide evidence that the pro12 gram or activity will improve student academic 

13 achievement in the core academic subjects; and 

14 ‘‘(3) include meaningful and ongoing consulta15 tion with, and input from, teachers, school leaders, 

16 and parents, in the development of the application 

17 and administration of the program or activity. 

18 ‘‘Subpart 3—General Provisions 

19 ‘‘SEC. 2231. PERIODIC EVALUATION. 

20 ‘‘(a) IN GENERAL.—Each eligible entity and each 

21 teacher or school leader preparation academy that receives 

22 funds under this part shall undergo a periodic evaluation 

23 by the State educational agency involved to assess such enti24 ty’s or such academy’s progress toward achieving the pur25 poses of this part. 

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1 ‘‘(b) USE OF RESULTS.—The results of an evaluation 

2 described in subsection (a) of an eligible entity or academy 

3 shall be— 

4 ‘‘(1) used to refine, improve, and strengthen such 

5 eligible entity or such academy, respectively; and 

6 ‘‘(2) made available to the public upon request, 

7 with public notice of such availability provided. 

8 ‘‘SEC. 2232. REPORTING REQUIREMENTS. 

9 ‘‘(a) ELIGIBLE ENTITIES AND ACADEMIES.—Each eli10 gible entity and each teacher or school leader preparation 

11 academy that receives funds from a State educational agen12 cy under this part shall prepare and submit annually to 

13 such State educational agency a report that includes— 

14 ‘‘(1) a description of the progress of the eligible 

15 entity or teacher or school leader preparation acad16 emy, respectively, in meeting the purposes of this 

17 part; 

18 ‘‘(2) a description of the programs and activities 

19 conducted by the eligible entity or teacher or school 

20 leader preparation academy, respectively, with funds 

21 received under this part; 

22 ‘‘(3) how the eligible entity or teacher or school 

23 leader preparation academy, respectively, is using 

24 such funds; and 

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1 ‘‘(4) any such other information as the State 

2 educational agency may require. 

3 ‘‘(b) STATE EDUCATIONAL AGENCIES.—Each State 

4 educational agency that receives a grant under this part 

5 shall prepare and submit, annually, to the Secretary a re6 port that includes— 

7 ‘‘(1) a description of the programs and activities 

8 conducted by the State educational agency with grant 

9 funds received under this part; 

10 ‘‘(2) a description of the progress of the State 

11 educational agency in meeting the purposes of this 

12 part described in section 2201; 

13 ‘‘(3) how the State educational agency is using 

14 grant funds received under this part; 

15 ‘‘(4) the methods and criteria the State edu16 cational agency used to award subgrants to eligible 

17 entities under section 2221 and, if applicable, funds 

18 to teacher or school leader academies under section 

19 2211(d)(3)(B); and 

20 ‘‘(5) the results of the periodic evaluations con21 ducted under section 2231. 

22 ‘‘SEC. 2233. NATIONAL ACTIVITIES. 

23 ‘‘From the funds reserved by the Secretary under sec24 tion 2211(a)(1), the Secretary shall, directly or through 

25 grants and contracts— 

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1 ‘‘(1) provide technical assistance to States and 

2 eligible entities in carrying out activities under this 

3 part; and 

4 ‘‘(2) acting through the Institute of Education 

5 Sciences, conduct national evaluations of activities 

6 carried out by States and eligible entities under this 

7 part. 

8 ‘‘SEC. 2234. DEFINITIONS. 

9 ‘‘In this part: 

10 ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible enti11 ty’ means— 

12 ‘‘(A) a local educational agency or consor13 tium of local educational agencies; 

14 ‘‘(B) an institution of higher education or 

15 consortium of such institutions in partnership 

16 with a local educational agency or consortium of 

17 local educational agencies; 

18 ‘‘(C) a for-profit organization, a nonprofit 

19 organization, or a consortium of for-profit or 

20 nonprofit organizations in partnership with a 

21 local educational agency or consortium of local 

22 educational agencies; or 

23 ‘‘(D) a consortium of the entities described 

24 in subparagraphs (B) and (C). 

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

2 50 States, the District of Columbia, and the Common3 wealth of Puerto Rico. 

4 ‘‘(3) STATE AUTHORIZER.—The term ‘State au5 thorizer’ means an entity designated by the Governor 

6 of a State to authorize teacher or school leader prepa7 ration academies within the State that— 

8 ‘‘(A) enters into an agreement with a teach9 er or school leader preparation academy that— 

10 ‘‘(i) specifies the goals expected of the 

11 academy, which, at a minimum, include the 

12 goals described in paragraph (4); and 

13 ‘‘(ii) does not reauthorize the academy 

14 if such goals are not met; and 

15 ‘‘(B) may be a nonprofit organization, a 

16 State educational agency, or other public entity, 

17 or consortium of such entities (including a con18 sortium of State educational agencies). 

19 ‘‘(4) TEACHER OR SCHOOL LEADER PREPARA20 TION ACADEMY.—The term ‘teacher or school leader 

21 preparation academy’ means a public or private enti22 ty, or a nonprofit or for-profit organization, which 

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1 cation, that will prepare teachers or school leaders to 

2 serve in schools, and that— 

3 ‘‘(A) enters into an agreement with a State 

4 authorizer that specifies the goals expected of the 

5 academy, including— 

6 ‘‘(i) a requirement that prospective 

7 teachers or school leaders who are enrolled 

8 in a teacher or school leader preparation 

9 academy receive a significant part of their 

10 training through clinical preparation that 

11 partners the prospective candidate with an 

12 effective teacher or school leader, respec13 tively, with a demonstrated record of in14 creasing student achievement, while also re15 ceiving concurrent instruction from the 

16 academy in the content area (or areas) in 

17 which the prospective teacher or school lead18 er will become certified or licensed; 

19 ‘‘(ii) the number of effective teachers or 

20 school leaders, respectively, who will dem21 onstrate success in increasing student 

22 achievement that the academy will produce; 

23 and 

24 ‘‘(iii) a requirement that a teacher or 

25 school leader preparation academy will only 

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1 award a certificate of completion after the 

2 graduate demonstrates that the graduate is 

3 an effective teacher or school leader, respec4 tively, with a demonstrated record of in5 creasing student achievement, except that 

6 an academy may award a provisional cer7 tificate for the period necessary to allow the 

8 graduate to demonstrate such effectiveness; 

9 ‘‘(B) does not have restrictions on the meth10 ods the academy will use to train prospective 

11 teacher or school leader candidates, including— 

12 ‘‘(i) obligating (or prohibiting) the 

13 academy’s faculty to hold advanced degrees 

14 or conduct academic research; 

15 ‘‘(ii) restrictions related to the acad16 emy’s physical infrastructure; 

17 ‘‘(iii) restrictions related to the number 

18 of course credits required as part of the pro19 gram of study; 

20 ‘‘(iv) restrictions related to the under21 graduate coursework completed by teachers 

22 teaching or working on alternative certifi23 cates, licenses, or credentials, as long as 

24 such teachers have successfully passed all 

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1 relevant State-approved content area exami2 nations; or 

3 ‘‘(v) restrictions related to obtaining 

4 accreditation from an accrediting body for 

5 purposes of becoming an academy; 

6 ‘‘(C) limits admission to its program to 

7 prospective teacher or school leader candidates 

8 who demonstrate strong potential to improve stu9 dent achievement, based on a rigorous selection 

10 process that reviews a candidate’s prior aca11 demic achievement or record of professional ac12 complishment; and 

13 ‘‘(D) results in a certificate of completion 

14 that the State may recognize as at least the 

15 equivalent of a master’s degree in education for 

16 the purposes of hiring, retention, compensation, 

17 and promotion in the State. 

18 ‘‘(5) TEACHER RESIDENCY PROGRAM.—The term 

19 ‘teacher residency program’ means a school-based 

20 teacher preparation program in which a prospective 

21 teacher— 

22 ‘‘(A) for one academic year, teaches along23 side an effective teacher, as determined by a 

24 teacher evaluation system implemented under 

25 part A, who is the teacher of record; 

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1 ‘‘(B) receives concurrent instruction during 

2 the year described in subparagraph (A) from the 

3 partner institution (as defined in section 200 of 

4 the Higher Education Act of 1965 (20 U.S.C. 

5 1021)), which courses may be taught by local 

6 educational agency personnel or residency pro7 gram faculty, in the teaching of the content area 

8 in which the teacher will become certified or li9 censed; and 

10 ‘‘(C) acquires effective teaching skills.’’. 

11 (d) PART C.—Part C of title II (20 U.S.C. 6671 et 

12 seq.) is amended— 

13 (1) by striking subparts 1 through 4; 

14 (2) by striking the heading relating to subpart 5; 

15 (3) by striking sections 2361 and 2368; 

16 (4) in section 2362, by striking ‘‘principals’’ and 

17 inserting ‘‘school leaders’’; 

18 (5) in section 2363(6)(A), by striking ‘‘prin19 cipal’’ and inserting ‘‘school leader’’; 

20 (6) in section 2366(b), by striking ‘‘ate law’’ and 

21 inserting ‘‘(3) A State law’’; 

22 (7) by redesignating section 2362 as section 

23 2361; 

24 (8) by redesignating sections 2364 through 2367 

25 as sections 2362 through 2365, respectively; and 

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1 (9) by redesignating section 2363 as section 2366 

2 and transferring such section to appear after section 

3 2365 (as so redesignated). 

4 (e) PART D.—Part D of title II (20 U.S.C. 6751 et 

5 seq.) is amended to read as follows: 

6 ‘‘PART D—GENERAL PROVISIONS 

7 ‘‘SEC. 2401. INCLUSION OF CHARTER SCHOOLS. 

8 ‘‘In this title, the term ‘local educational agency’ in9 cludes a charter school (as defined in section 5101) that, 

10 in the absence of this section, would not have received funds 

11 under this title. 

12 ‘‘SEC. 2402. PARENTS’ RIGHT TO KNOW. 

13 ‘‘At the beginning of each school year, a local edu14 cational agency that receives funds under this title shall no15 tify the parents of each student attending any school receiv16 ing funds under this title that the parents may request, and 

17 the agency will provide the parents on request (and in a 

18 timely manner), information regarding the professional 

19 qualifications of the student’s classroom teachers. 

20 ‘‘SEC. 2403. SUPPLEMENT, NOT SUPPLANT. 

21 ‘‘Funds received under this title shall be used to sup22 plement, and not supplant, non-Federal funds that would 

23 otherwise be used for activities authorized under this title.’’. 

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1 SEC. 102. CONFORMING REPEALS. 

2 (a) CONFORMING REPEALS.—Title II of the Higher 

3 Education Act of 1965 (20 U.S.C. 1021 et seq.) is amended 

4 by repealing sections 201 through 204. 

5 (b) EFFECTIVE DATE.—The repeals made by sub6 section (a) shall take effect October 1, 2012. 

7 TITLE II—PARENTAL ENGAGE8 MENT AND LOCAL FLEXI9 BILITY 

10 SEC. 201. PARENTAL ENGAGEMENT AND LOCAL FLEXI11 BILITY. 

12 Title III (20 U.S.C. 6801 et seq.) is amended to read 

13 as follows: 

14 ‘‘TITLE III—PARENTAL ENGAGE15 MENT AND LOCAL FLEXI16 BILITY 

17 ‘‘PART A—PARENTAL ENGAGEMENT 

18 ‘‘Subpart 1—Charter School Program 

19 ‘‘SEC. 3101. SENSE OF THE HOUSE OF REPRESENTATIVES. 

20 ‘‘It is the sense of the House of Representatives that 

21 the programs for public charter schools under part B of title 

22 V be reauthorized as such part was amended under the pro23 visions of H.R. 2218, as passed by the House of Representa24 tives on September 13, 2011, and be transferred and redes25 ignated to this subpart. 

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1 ‘‘Subpart 2—Magnet School Assistance 

2 ‘‘SEC. 3121. PURPOSE. 

3 ‘‘The purpose of this subpart is to assist in the desegre4 gation of schools served by local educational agencies by 

5 providing financial assistance to eligible local educational 

6 agencies for— 

7 ‘‘(1) the elimination, reduction, or prevention of 

8 minority group isolation in elementary schools and 

9 secondary schools with substantial proportions of mi10 nority students, which shall include assisting in the 

11 efforts of the United States to achieve voluntary deseg12 regation in public schools; 

13 ‘‘(2) the development and implementation of 

14 magnet school programs that will assist local edu15 cational agencies in achieving systemic reforms and 

16 providing all students the opportunity to meet State 

17 academic standards; 

18 ‘‘(3) the development and design of innovative 

19 educational methods and practices that promote di20 versity and increase choices in public elementary 

21 schools and public secondary schools and public edu22 cational programs; 

23 ‘‘(4) courses of instruction within magnet schools 

24 that will substantially strengthen the knowledge of 

25 academic subjects and the attainment of tangible and 

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1 marketable career, technical, and professional skills of 

2 students attending such schools; 

3 ‘‘(5) improving the ability of local educational 

4 agencies, including through professional development, 

5 to continue operating magnet schools at a high per6 formance level after Federal funding for the magnet 

7 schools is terminated; and 

8 ‘‘(6) ensuring that students enrolled in the mag9 net school programs have equitable access to a quality 

10 education that will enable the students to succeed aca11 demically and continue with postsecondary education 

12 or employment. 

13 ‘‘SEC. 3122. DEFINITION. 

14 ‘‘For the purpose of this subpart, the term ‘magnet 

15 school’ means a public elementary school, public secondary 

16 school, public elementary education center, or public sec17 ondary education center that offers a special curriculum ca18 pable of attracting substantial numbers of students of dif19 ferent racial backgrounds. 

20 ‘‘SEC. 3123. PROGRAM AUTHORIZED. 

21 ‘‘From the amount appropriated under section 

22 3(b)(1)(B), the Secretary, in accordance with this subpart, 

23 is authorized to award grants to eligible local educational 

24 agencies, and consortia of such agencies where appropriate, 

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1 to carry out the purpose of this subpart for magnet schools 

2 that are— 

3 ‘‘(1) part of an approved desegregation plan; 

4 and 

5 ‘‘(2) designed to bring students from different so6 cial, economic, ethnic, and racial backgrounds to7 gether. 

8 ‘‘SEC. 3124. ELIGIBILITY. 

9 ‘‘A local educational agency, or consortium of such 

10 agencies where appropriate, is eligible to receive a grant 

11 under this subpart to carry out the purpose of this subpart 

12 if such agency or consortium— 

13 ‘‘(1) is implementing a plan undertaken pursu14 ant to a final order issued by a court of the United 

15 States, or a court of any State, or any other State 

16 agency or official of competent jurisdiction, that re17 quires the desegregation of minority-group-segregated 

18 children or faculty in the elementary schools and sec19 ondary schools of such agency; or 

20 ‘‘(2) without having been required to do so, has 

21 adopted and is implementing, or will, if a grant is 

22 awarded to such local educational agency, or consor23 tium of such agencies, under this subpart, adopt and 

24 implement a plan that has been approved by the Sec25 retary as adequate under title VI of the Civil Rights 

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1 Act of 1964 for the desegregation of minority-group2 segregated children or faculty in such schools. 

3 ‘‘SEC. 3125. APPLICATIONS AND REQUIREMENTS. 

4 ‘‘(a) APPLICATIONS.—An eligible local educational 

5 agency, or consortium of such agencies, desiring to receive 

6 a grant under this subpart shall submit an application to 

7 the Secretary at such time and in such manner as the Sec8 retary may reasonably require. 

9 ‘‘(b) INFORMATION AND ASSURANCES.—Each applica10 tion submitted under subsection (a) shall include— 

11 ‘‘(1) a description of— 

12 ‘‘(A) how a grant awarded under this sub13 part will be used to promote desegregation, in14 cluding how the proposed magnet school pro15 grams will increase interaction among students 

16 of different social, economic, ethnic, and racial 

17 backgrounds; 

18 ‘‘(B) the manner and extent to which the 

19 magnet school program will increase student 

20 academic achievement in the instructional area 

21 or areas offered by the school; 

22 ‘‘(C) how the applicant will continue the 

23 magnet school program after assistance under 

24 this subpart is no longer available, and, if appli25 cable, an explanation of why magnet schools esmstockstill on DSK4VPTVN1PROD with BILLS

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1 tablished or supported by the applicant with 

2 grant funds under this subpart cannot be contin3 ued without the use of grant funds under this 

4 subpart; 

5 ‘‘(D) how grant funds under this subpart 

6 will be used— 

7 ‘‘(i) to improve student academic 

8 achievement for all students attending the 

9 magnet school programs; and 

10 ‘‘(ii) to implement services and activi11 ties that are consistent with other programs 

12 under this Act, and other Acts, as appro13 priate; and 

14 ‘‘(E) the criteria to be used in selecting stu15 dents to attend the proposed magnet school pro16 gram; and 

17 ‘‘(2) assurances that the applicant will— 

18 ‘‘(A) use grant funds under this subpart for 

19 the purposes specified in section 3121; 

20 ‘‘(B) employ effective teachers in the courses 

21 of instruction assisted under this subpart; 

22 ‘‘(C) not engage in discrimination based on 

23 race, religion, color, national origin, sex, or dis24 ability in— 

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1 ‘‘(i) the hiring, promotion, or assign2 ment of employees of the applicant or other 

3 personnel for whom the applicant has any 

4 administrative responsibility; 

5 ‘‘(ii) the assignment of students to 

6 schools, or to courses of instruction within 

7 the schools, of such applicant, except to 

8 carry out the approved plan; and 

9 ‘‘(iii) designing or operating extra10 curricular activities for students; 

11 ‘‘(D) carry out a quality education program 

12 that will encourage greater parental decision13 making and involvement; and 

14 ‘‘(E) give students residing in the local at15 tendance area of the proposed magnet school pro16 gram equitable consideration for placement in 

17 the program, consistent with desegregation guide18 lines and the capacity of the applicant to accom19 modate the students. 

20 ‘‘(c) SPECIAL RULE.—No grant shall be awarded 

21 under this subpart unless the Assistant Secretary of Edu22 cation for Civil Rights determines that the assurances de23 scribed in subsection (b)(2)(C) will be met. 

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1 ‘‘SEC. 3126. PRIORITY. 

2 ‘‘In awarding grants under this subpart, the Secretary 

3 shall give priority to applicants that— 

4 ‘‘(1) demonstrate the greatest need for assistance, 

5 based on the expense or difficulty of effectively car6 rying out approved desegregation plans and the mag7 net school program for which the grant is sought; 

8 ‘‘(2) propose to carry out new magnet school pro9 grams, or significantly revise existing magnet school 

10 programs; 

11 ‘‘(3) propose to select students to attend magnet 

12 school programs by methods such as lottery, rather 

13 than through academic examination; and 

14 ‘‘(4) propose to serve the entire student popu15 lation of a school. 

16 ‘‘SEC. 3127. USE OF FUNDS. 

17 ‘‘(a) IN GENERAL.—Grant funds made available under 

18 this subpart may be used by an eligible local educational 

19 agency, or consortium of such agencies— 

20 ‘‘(1) for planning and promotional activities di21 rectly related to the development, expansion, continu22 ation, or enhancement of academic programs and 

23 services offered at magnet schools; 

24 ‘‘(2) for the acquisition of books, materials, and 

25 equipment, including computers and the maintenance 

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1 puters, necessary to conduct programs in magnet 

2 schools; 

3 ‘‘(3) for the compensation, or subsidization of the 

4 compensation, of elementary school and secondary 

5 school teachers, and instructional staff where applica6 ble, who are necessary to conduct programs in magnet 

7 schools; 

8 ‘‘(4) with respect to a magnet school program of9 fered to less than the entire student population of a 

10 school, for instructional activities that— 

11 ‘‘(A) are designed to make available the spe12 cial curriculum that is offered by the magnet 

13 school program to students who are enrolled in 

14 the school but who are not enrolled in the magnet 

15 school program; and 

16 ‘‘(B) further the purpose of this subpart; 

17 ‘‘(5) for activities, which may include profes18 sional development, that will build the recipient’s ca19 pacity to operate magnet school programs once the 

20 grant period has ended; 

21 ‘‘(6) to enable the local educational agency, or 

22 consortium of such agencies, to have more flexibility 

23 in the administration of a magnet school program in 

24 order to serve students attending a school who are not 

25 enrolled in a magnet school program; and 

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1 ‘‘(7) to enable the local educational agency, or 

2 consortium of such agencies, to have flexibility in de3 signing magnet schools for students in all grades. 

4 ‘‘(b) SPECIAL RULE.—Grant funds under this subpart 

5 may be used for activities described in paragraphs (2) and 

6 (3) of subsection (a) only if the activities are directly related 

7 to improving student academic achievement based on the 

8 State’s academic standards or directly related to improving 

9 student reading skills or knowledge of mathematics, science, 

10 history, geography, English, foreign languages, art, or 

11 music, or to improving career, technical, and professional 

12 skills. 

13 ‘‘SEC. 3128. LIMITATIONS. 

14 ‘‘(a) DURATION OF AWARDS.—A grant under this sub15 part shall be awarded for a period that shall not exceed 

16 3 fiscal years. 

17 ‘‘(b) LIMITATION ON PLANNING FUNDS.—A local edu18 cational agency, or consortium of such agencies, may ex19 pend for planning (professional development shall not be 

20 considered to be planning for purposes of this subsection) 

21 not more than 50 percent of the grant funds received under 

22 this subpart for the first year of the program and not more 

23 than 15 percent of such funds for each of the second and 

24 third such years. 

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1 ‘‘(c) AMOUNT.—No local educational agency, or con2 sortium of such agencies, awarded a grant under this sub3 part shall receive more than $4,000,000 under this subpart 

4 for any 1 fiscal year. 

5 ‘‘(d) TIMING.—To the extent practicable, the Secretary 

6 shall award grants for any fiscal year under this subpart 

7 not later than July 1 of the applicable fiscal year. 

8 ‘‘SEC. 3129. EVALUATIONS. 

9 ‘‘(a) RESERVATION.—The Secretary may reserve not 

10 more than 2 percent of the funds appropriated under section 

11 3(b)(1)(B) for any fiscal year to carry out evaluations, pro12 vide technical assistance, and carry out dissemination 

13 projects with respect to magnet school programs assisted 

14 under this subpart. 

15 ‘‘(b) CONTENTS.—Each evaluation described in sub16 section (a), at a minimum, shall address— 

17 ‘‘(1) how and the extent to which magnet school 

18 programs lead to educational quality and academic 

19 improvement; 

20 ‘‘(2) the extent to which magnet school programs 

21 enhance student access to a quality education; 

22 ‘‘(3) the extent to which magnet school programs 

23 lead to the elimination, reduction, or prevention of 

24 minority group isolation in elementary schools and 

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1 secondary schools with substantial proportions of mi2 nority students; and 

3 ‘‘(4) the extent to which magnet school programs 

4 differ from other school programs in terms of the or5 ganizational characteristics and resource allocations 

6 of such magnet school programs. 

7 ‘‘(c) DISSEMINATION.—The Secretary shall collect and 

8 disseminate to the general public information on successful 

9 magnet school programs. 

10 ‘‘SEC. 3130. RESERVATION. 

11 ‘‘In any fiscal year for which the amount appropriated 

12 under section 3(b)(1)(B) exceeds $75,000,000, the Secretary 

13 shall give priority in using such amounts in excess of 

14 $75,000,000 to awarding grants to local educational agen15 cies or consortia of such agencies that did not receive a 

16 grant under this subpart in the preceding fiscal year. 

17 ‘‘Subpart 3—Family Engagement in Education 

18 Programs 

19 ‘‘SEC. 3141. PURPOSES. 

20 ‘‘The purposes of this subpart are the following: 

21 ‘‘(1) To provide financial support to organiza22 tions to provide technical assistance and training to 

23 State and local educational agencies in the implemen24 tation and enhancement of systemic and effective fam25 ily engagement policies, programs, and activities that 

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1 lead to improvements in student development and 

2 academic achievement. 

3 ‘‘(2) To assist State educational agencies, local 

4 educational agencies, community-based organizations, 

5 schools, and educators in strengthening partnerships 

6 among parents, teachers, school leaders, administra7 tors, and other school personnel in meeting the edu8 cational needs of children and fostering greater paren9 tal engagement. 

10 ‘‘(3) To support State educational agencies, local 

11 educational agencies, schools, educators, and parents 

12 in developing and strengthening the relationship be13 tween parents and their children’s school in order to 

14 further the developmental progress of children. 

15 ‘‘(4) To coordinate activities funded under this 

16 subpart with parent involvement initiatives funded 

17 under section 1118 and other provisions of this Act. 

18 ‘‘(5) To assist the Secretary, State educational 

19 agencies, and local educational agencies in the coordi20 nation and integration of Federal, State, and local 

21 services and programs to engage families in edu22 cation. 

23 ‘‘SEC. 3142. GRANTS AUTHORIZED. 

24 ‘‘(a) STATEWIDE FAMILY ENGAGEMENT CENTERS.— 

25 From the amount appropriated under section 3(b)(1)(C), 

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1 the Secretary is authorized to award grants for each fiscal 

2 year to statewide organizations (and consortia of such orga3 nizations and State educational agencies), to establish 

4 Statewide Family Engagement Centers that provide com5 prehensive training and technical assistance to State edu6 cational agencies, local educational agencies, schools identi7 fied by State educational agencies and local educational 

8 agencies, organizations that support family-school partner9 ships, and other organizations that carry out, or carry out 

10 directly, parent education and family engagement in edu11 cation programs. 

12 ‘‘(b) MINIMUM AWARD.—In awarding grants under 

13 this section, the Secretary shall, to the extent practicable, 

14 ensure that a grant is awarded for a Statewide Family En15 gagement Center in an amount not less than $500,000. 

16 ‘‘SEC. 3143. APPLICATIONS. 

17 ‘‘(a) SUBMISSIONS.—Each statewide organization, or 

18 a consortium of such an organization and a State edu19 cational agency, that desires a grant under this subpart 

20 shall submit an application to the Secretary at such time, 

21 in such manner, and including the information described 

22 in subsection (b). 

23 ‘‘(b) CONTENTS.—Each application submitted under 

24 subsection (a) shall include, at a minimum, the following: 

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1 ‘‘(1) A description of the applicant’s approach to 

2 family engagement in education. 

3 ‘‘(2) A description of the support that the State4 wide Family Engagement Center that will be oper5 ated by the applicant will have from the applicant, 

6 including a letter from the applicant outlining the 

7 commitment to work with the center. 

8 ‘‘(3) A description of the applicant’s plan for 

9 building a statewide infrastructure for family engage10 ment in education, that includes— 

11 ‘‘(A) management and governance; 

12 ‘‘(B) statewide leadership; or 

13 ‘‘(C) systemic services for family engage14 ment in education. 

15 ‘‘(4) A description of the applicant’s dem16 onstrated experience in providing training, informa17 tion, and support to State educational agencies, local 

18 educational agencies, schools, educators, parents, and 

19 organizations on family engagement in education 

20 policies and practices that are effective for parents 

21 (including low-income parents) and families, English 

22 learners, minorities, parents of students with disabil23 ities, parents of homeless students, foster parents and 

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1 ing evaluation results, reporting, or other data exhib2 iting such demonstrated experience. 

3 ‘‘(5) An assurance that the applicant will— 

4 ‘‘(A) establish a special advisory committee, 

5 the membership of which includes— 

6 ‘‘(i) parents, who shall constitute a 

7 majority of the members of the special advi8 sory committee; 

9 ‘‘(ii) representatives of education pro10 fessionals with expertise in improving serv11 ices for disadvantaged children; 

12 ‘‘(iii) representatives of local elemen13 tary schools and secondary schools, includ14 ing students; 

15 ‘‘(iv) representatives of the business 

16 community; and 

17 ‘‘(v) representatives of State edu18 cational agencies and local educational 

19 agencies; 

20 ‘‘(B) use not less than 65 percent of the 

21 funds received under this subpart in each fiscal 

22 year to serve local educational agencies, schools, 

23 and community-based organizations that serve 

24 high concentrations of disadvantaged students, 

25 including English learners, minorities, parents 

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1 of students with disabilities, parents of homeless 

2 students, foster parents and students, and par3 ents of migratory students; 

4 ‘‘(C) operate a Statewide Family Engage5 ment Center of sufficient size, scope, and quality 

6 to ensure that the Center is adequate to serve the 

7 State educational agency, local educational agen8 cies, and community-based organizations; 

9 ‘‘(D) ensure that the Center will retain staff 

10 with the requisite training and experience to 

11 serve parents in the State; 

12 ‘‘(E) serve urban, suburban, and rural local 

13 educational agencies and schools; 

14 ‘‘(F) work with— 

15 ‘‘(i) other Statewide Family Engage16 ment Centers assisted under this subpart; 

17 and 

18 ‘‘(ii) parent training and information 

19 centers and community parent resource cen20 ters assisted under sections 671 and 672 of 

21 the Individuals with Disabilities Education 

22 Act; 

23 ‘‘(G) use not less than 30 percent of the 

24 funds received under this subpart for each fiscal 

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1 year to establish or expand technical assistance 

2 for evidence-based parent education programs; 

3 ‘‘(H) provide assistance to State edu4 cational agencies and local educational agencies 

5 and community-based organizations that support 

6 family members in supporting student academic 

7 achievement; 

8 ‘‘(I) work with State educational agencies, 

9 local educational agencies, schools, educators, 

10 and parents to determine parental needs and the 

11 best means for delivery of services to address 

12 such needs; and 

13 ‘‘(J) conduct sufficient outreach to assist 

14 parents, including parents who the applicant 

15 may have a difficult time engaging with a school 

16 or local educational agency. 

17 ‘‘SEC. 3144. USES OF FUNDS. 

18 ‘‘(a) IN GENERAL.—Grantees shall use grant funds re19 ceived under this subpart, based on the needs determined 

20 under section 3143(b)(5)(I), to provide training and tech21 nical assistance to State educational agencies, local edu22 cational agencies, and organizations that support family23 school partnerships, and activities, services, and training 

24 for local educational agencies, school leaders, educators, and 

25 parents— 

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1 ‘‘(1) to assist parents in participating effectively 

2 in their children’s education and to help their chil3 dren meet State standards, such as assisting par4 ents— 

5 ‘‘(A) to engage in activities that will im6 prove student academic achievement, including 

7 understanding how they can support learning in 

8 the classroom with activities at home and in 

9 afterschool and extracurricular programs; 

10 ‘‘(B) to communicate effectively with their 

11 children, teachers, school leaders, counselors, ad12 ministrators, and other school personnel; 

13 ‘‘(C) to become active participants in the 

14 development, implementation, and review of 

15 school-parent compacts, family engagement in 

16 education policies, and school planning and im17 provement; 

18 ‘‘(D) to participate in the design and provi19 sion of assistance to students who are not mak20 ing academic progress; 

21 ‘‘(E) to participate in State and local deci22 sionmaking; 

23 ‘‘(F) to train other parents; and 

24 ‘‘(G) to help the parents learn and use tech25 nology applied in their children’s education; 

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1 ‘‘(2) to develop and implement, in partnership 

2 with the State educational agency, statewide family 

3 engagement in education policy and systemic initia4 tives that will provide for a continuum of services to 

5 remove barriers for family engagement in education 

6 and support school reform efforts; and 

7 ‘‘(3) to develop, implement, and assess parental 

8 involvement policies under sections 1112 and 1118. 

9 ‘‘(b) MATCHING FUNDS FOR GRANT RENEWAL.—For 

10 each fiscal year after the first fiscal year for which an orga11 nization or consortium receives assistance under this sec12 tion, the organization or consortium shall demonstrate in 

13 the application that a portion of the services provided by 

14 the organization or consortium is supported through non15 Federal contributions, which may be in cash or in-kind. 

16 ‘‘(c) TECHNICAL ASSISTANCE.—The Secretary shall re17 serve not more than 2 percent of the funds appropriated 

18 under section 3(b)(C) to carry out this subpart to provide 

19 technical assistance, by grant or contract, for the establish20 ment, development, and coordination of Statewide Family 

21 Engagement Centers. 

22 ‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec23 tion shall be construed to prohibit a Statewide Family En24 gagement Center from— 

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1 ‘‘(1) having its employees or agents meet with a 

2 parent at a site that is not on school grounds; or 

3 ‘‘(2) working with another agency that serves 

4 children. 

5 ‘‘(e) PARENTAL RIGHTS.—Notwithstanding any other 

6 provision of this section— 

7 ‘‘(1) no person (including a parent who educates 

8 a child at home, a public school parent, or a private 

9 school parent) shall be required to participate in any 

10 program of parent education or developmental screen11 ing under this section; and 

12 ‘‘(2) no program or center assisted under this 

13 section shall take any action that infringes in any 

14 manner on the right of a parent to direct the edu15 cation of their children. 

16 ‘‘SEC. 3145. FAMILY ENGAGEMENT IN INDIAN SCHOOLS. 

17 ‘‘The Secretary of the Interior, in consultation with 

18 the Secretary of Education, shall establish, or enter into 

19 contracts and cooperative agreements with local Indian 

20 nonprofit parent organizations to establish and operate 

21 Family Engagement Centers. 

22 ‘‘PART B—LOCAL ACADEMIC FLEXIBLE GRANT 

23 ‘‘SEC. 3201. PURPOSE. 

24 ‘‘The purpose of this part is to— 

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1 ‘‘(1) provide local educational agencies with the 

2 opportunity to access funds to support the initiatives 

3 important to their schools and students to improve 

4 academic achievement; and 

5 ‘‘(2) provide nonprofit and for-profit entities the 

6 opportunity to work with students to improve aca7 demic achievement. 

8 ‘‘SEC. 3202. ALLOTMENTS TO STATES. 

9 ‘‘(a) RESERVATIONS.—From the funds appropriated 

10 under section 3(b)(2) for any fiscal year, the Secretary shall 

11 reserve— 

12 ‘‘(1) not more than one-half of 1 percent for na13 tional activities to provide technical assistance to eli14 gible entities in carrying out programs under this 

15 part; and 

16 ‘‘(2) not more than one-half of 1 percent for pay17 ments to the outlying areas and the Bureau of Indian 

18 Education, to be allotted in accordance with their re19 spective needs for assistance under this part, as deter20 mined by the Secretary, to enable the outlying areas 

21 and the Bureau to carry out the purpose of this part. 

22 ‘‘(b) STATE ALLOTMENTS.— 

23 ‘‘(1) DETERMINATION.—From the funds appro24 priated under section 3(b)(2) for any fiscal year and 

25 remaining after the Secretary makes reservations 

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1 under subsection (a), the Secretary shall allot to each 

2 State for the fiscal year an amount that bears the 

3 same relationship to the remainder as the amount the 

4 State received under chapter B of subpart 1 of part 

5 A of title I for the preceding fiscal year bears to the 

6 amount all States received under that chapter for the 

7 preceding fiscal year, except that no State shall re8 ceive less than an amount equal to one-half of 1 per9 cent of the total amount made available to all States 

10 under this subsection. 

11 ‘‘(2) REALLOTMENT OF UNUSED FUNDS.—If a 

12 State does not receive an allotment under this part 

13 for a fiscal year, the Secretary shall reallot the 

14 amount of the State’s allotment to the remaining 

15 States in accordance with this section. 

16 ‘‘(c) STATE USE OF FUNDS.— 

17 ‘‘(1) IN GENERAL.—Each State that receives an 

18 allotment under this part shall reserve not less than 

19 75 percent of the amount allotted to the State under 

20 subsection (b) for each fiscal year for awards to eligi21 ble entities under section 3204. 

22 ‘‘(2) AWARDS TO NONGOVERNMENTAL ENTITIES

23 TO IMPROVE STUDENT ACADEMIC ACHIEVEMENT.— 

24 Each State that receives an allotment under sub25 section (b) for each fiscal year shall reserve not less 

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1 than 10 percent of the amount allotted to the State 

2 for awards to nongovernmental entities under section 

3 3205. 

4 ‘‘(3) STATE ACTIVITIES AND STATE ADMINISTRA5 TION.—A State educational agency may reserve not 

6 more than 15 percent of the amount allotted to the 

7 State under subsection (b) for each fiscal year for the 

8 following: 

9 ‘‘(A) Enabling the State educational agen10 cy— 

11 ‘‘(i) to pay the costs of developing the 

12 State assessments and standards required 

13 under section 1111(b), which may include 

14 the costs of working, at the sole discretion of 

15 the State, in voluntary partnerships with 

16 other States to develop such assessments and 

17 standards; or 

18 ‘‘(ii) if the State has developed the as19 sessments and standards required under sec20 tion 1111(b), to administer those assess21 ments or carry out other activities related 

22 to ensuring that the State’s schools and 

23 local educational agencies are helping stu24 dents meet the State’s academic standards 

25 under such section. 

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1 ‘‘(B) The administrative costs of carrying 

2 out its responsibilities under this part, except 

3 that not more than 5 percent of the reserved 

4 amount may be used for this purpose. 

5 ‘‘(C) Monitoring and evaluation of pro6 grams and activities assisted under this part. 

7 ‘‘(D) Providing training and technical as8 sistance under this part. 

9 ‘‘(E) Statewide academic focused programs. 

10 ‘‘(F) Sharing evidence-based and other effec11 tive strategies with eligible entities. 

12 ‘‘SEC. 3203. STATE APPLICATION. 

13 ‘‘(a) IN GENERAL.—In order to receive an allotment 

14 under section 3202 for any fiscal year, a State shall submit 

15 to the Secretary, at such time as the Secretary may require, 

16 an application that— 

17 ‘‘(1) designates the State educational agency as 

18 the agency responsible for the administration and su19 pervision of programs assisted under this part; 

20 ‘‘(2) describes how the State educational agency 

21 will use funds reserved for State-level activities; 

22 ‘‘(3) describes the procedures and criteria the 

23 State educational agency will use for reviewing appli24 cations and awarding funds to eligible entities on a 

25 competitive basis, which shall include reviewing how 

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1 the proposed project will help increase student aca2 demic achievement; 

3 ‘‘(4) describes how the State educational agency 

4 will ensure that awards made under this part are— 

5 ‘‘(A) of sufficient size and scope to support 

6 high-quality, effective programs that are con7 sistent with the purpose of this part; and 

8 ‘‘(B) in amounts that are consistent with 

9 section 3204(f); 

10 ‘‘(5) describes the steps the State educational 

11 agency will take to ensure that programs implement 

12 effective strategies, including providing ongoing tech13 nical assistance and training, and dissemination of 

14 evidence-based and other effective strategies; 

15 ‘‘(6) describes how the State educational agency 

16 will consider students across all grades when making 

17 these awards; 

18 ‘‘(7) an assurance that, other than providing 

19 technical and advisory assistance and monitoring 

20 compliance with this part, the State educational 

21 agency has not exercised and will not exercise any in22 fluence in the decision-making process of eligible enti23 ties as to the expenditure of funds received by the eli24 gible entities under this part; 

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1 ‘‘(8) describes how programs under this part will 

2 be coordinated with programs under this Act, and 

3 other programs as appropriate; 

4 ‘‘(9) contains an assurance that the State edu5 cational agency— 

6 ‘‘(A) will make awards for programs for a 

7 period of not more than 5 years; and 

8 ‘‘(B) will require each eligible entity seeking 

9 such an award to submit a plan describing how 

10 the project to be funded through the award will 

11 continue after funding under this part ends, if 

12 applicable; and 

13 ‘‘(10) contains an assurance that funds appro14 priated to carry out this part will be used to supple15 ment, and not supplant, State and local public funds 

16 expended to provide programs and activities author17 ized under this part and other similar programs. 

18 ‘‘(b) DEEMED APPROVAL.—An application submitted 

19 by a State educational agency pursuant to subsection (a) 

20 shall be deemed to be approved by the Secretary unless the 

21 Secretary makes a written determination, prior to the expi22 ration of the 120-day period beginning on the date on which 

23 the Secretary received the application, that the application 

24 is not in compliance with this part. 

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1 ‘‘(c) DISAPPROVAL.—The Secretary shall not finally 

2 disapprove the application, except after giving the State 

3 educational agency notice and an opportunity for a hear4 ing. 

5 ‘‘(d) NOTIFICATION.—If the Secretary finds that the 

6 application is not in compliance, in whole or in part, with 

7 this part, the Secretary shall— 

8 ‘‘(1) give the State educational agency notice 

9 and an opportunity for a hearing; and 

10 ‘‘(2) notify the State educational agency of the 

11 finding of noncompliance, and, in such notification, 

12 shall— 

13 ‘‘(A) cite the specific provisions in the ap14 plication that are not in compliance; and 

15 ‘‘(B) request additional information, only 

16 as to the noncompliant provisions, needed to 

17 make the application compliant. 

18 ‘‘(e) RESPONSE.—If the State educational agency re19 sponds to the Secretary’s notification described in sub20 section (d)(2) during the 45-day period beginning on the 

21 date on which the agency received the notification, and re22 submits the application with the requested information de23 scribed in subsection (d)(2)(B), the Secretary shall approve 

24 or disapprove such application prior to the later of— 

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1 ‘‘(1) the expiration of the 45-day period begin2 ning on the date on which the application is resub3 mitted; or 

4 ‘‘(2) the expiration of the 120-day period de5 scribed in subsection (b). 

6 ‘‘(f) FAILURE TO RESPOND.—If the State educational 

7 agency does not respond to the Secretary’s notification de8 scribed in subsection (d)(2) during the 45-day period begin9 ning on the date on which the agency received the notifica10 tion, such application shall be deemed to be disapproved. 

11 ‘‘(g) RULE OF CONSTRUCTION.—An application sub12 mitted by a State educational agency pursuant to sub13 section (a) shall not be approved or disapproved based upon 

14 the activities for which the agency may make funds avail15 able to eligible entities under section 3204 if the agency’s 

16 use of funds is consistent with section 3204(b). 

17 ‘‘SEC. 3204. LOCAL COMPETITIVE GRANT PROGRAM. 

18 ‘‘(a) IN GENERAL.—A State that receives funds under 

19 this part for a fiscal year shall provide the amount made 

20 available under section 3202(c)(1) to eligible entities in ac21 cordance with this section. 

22 ‘‘(b) USE OF FUNDS.— 

23 ‘‘(1) IN GENERAL.—An eligible entity that re24 ceives an award under this part shall use the funds 

25 for activities that— 

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1 ‘‘(A) are evidence-based; 

2 ‘‘(B) will improve student academic 

3 achievement; 

4 ‘‘(C) are allowable under State law; and 

5 ‘‘(D) focus on one or more projects from the 

6 following two categories: 

7 ‘‘(i) Supplemental student support ac8 tivities such as before, after, or summer 

9 school activities, tutoring, and expanded 

10 learning time, but not including athletics or 

11 in-school learning activities. 

12 ‘‘(ii) Activities designed to support stu13 dents, such as academic subject specific pro14 grams, adjunct teacher programs, extended 

15 learning time programs, and parent engage16 ment, but not including activities to— 

17 ‘‘(I) support smaller class sizes or 

18 construction; or 

19 ‘‘(II) provide compensation or 

20 benefits to teachers, school leaders, 

21 other school officials, or local edu22 cational agency staff. 

23 ‘‘(2) PARTICIPATION OF CHILDREN ENROLLED IN

24 PRIVATE SCHOOLS.—An eligible entity that receives 

25 an award under this part shall ensure compliance 

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1 with section 5501 (relating to participation of chil2 dren enrolled in private schools). 

3 ‘‘(c) APPLICATION.— 

4 ‘‘(1) IN GENERAL.—To be eligible to receive an 

5 award under this part, an eligible entity shall submit 

6 an application to the State educational agency at 

7 such time, in such manner, and including such infor8 mation as the State educational agency may reason9 ably require, including the contents required by para10 graph (2). 

11 ‘‘(2) CONTENTS.—Each application submitted 

12 under paragraph (1) shall include— 

13 ‘‘(A) a description of the activities to be 

14 funded and how they are consistent with sub15 section (b); 

16 ‘‘(B) an assurance that funds under this 

17 part will be used to increase the level of State, 

18 local, and other non-Federal funds that would, 

19 in the absence of funds under this part, be made 

20 available for programs and activities authorized 

21 under this part, and in no case supplant State, 

22 local, or non-Federal funds; 

23 ‘‘(C) an assurance that the community will 

24 be given notice of an intent to submit an appli25 cation with an opportunity for comment, and 

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1 that the application will be available for public 

2 review after submission of the application; and 

3 ‘‘(D) an assurance that students who benefit 

4 from any activity funded under this part shall 

5 continue to maintain enrollment in a public ele6 mentary or secondary school. 

7 ‘‘(d) REVIEW.—In reviewing local applications under 

8 this section, a State educational agency shall use a peer 

9 review process or other methods of assuring the quality of 

10 such applications but the review shall be limited to the like11 lihood that the project will increase student academic 

12 achievement. 

13 ‘‘(e) GEOGRAPHIC DIVERSITY.—A State educational 

14 agency shall distribute funds under this part equitably 

15 among geographic areas within the State, including rural, 

16 suburban, and urban communities. 

17 ‘‘(f) AWARD.—A grant shall be awarded to all eligible 

18 entities that submit an application that meets the require19 ments of this section in an amount that is not less than 

20 $10,000, but there shall be only one minimum award grant21 ed to any one local educational agency. 

22 ‘‘(g) DURATION OF AWARDS.—Grants under this part 

23 may be awarded for a period of not more than 5 years. 

24 ‘‘(h) ELIGIBLE ENTITY DEFINED.—In this section, the 

25 term ‘eligible entity’ means— 

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1 ‘‘(1) a local educational agency in partnership 

2 with a community-based organization, business enti3 ty, or nongovernmental entity; 

4 ‘‘(2) a consortium of local educational agencies 

5 working in partnership with a community-based or6 ganization, business entity, or nongovernmental enti7 ty; 

8 ‘‘(3) a community-based organization in part9 nership with a local educational agency and, if appli10 cable, a business entity or nongovernmental entity; or 

11 ‘‘(4) a business entity in partnership with a 

12 local educational agency and, if applicable, a commu13 nity-based organization or nongovernmental entity. 

14 ‘‘SEC. 3205. AWARDS TO NONGOVERNMENTAL ENTITIES TO 

15 IMPROVE ACADEMIC ACHIEVEMENT. 

16 ‘‘(a) IN GENERAL.—From the amount reserved under 

17 section 3202(c)(2), a State educational agency shall award 

18 grants to nongovernmental entities, including public or pri19 vate organizations, community-based or faith-based organi20 zations, and business entities for a program or project to 

21 increase the academic achievement of public school students 

22 attending public elementary or secondary schools (or both) 

23 in compliance with the requirements in this section. Subject 

24 to the availability of funds, the State educational agency 

25 shall award a grant to each eligible applicant that meets 

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1 the requirements in a sufficient size and scope to support 

2 the program. 

3 ‘‘(b) APPLICATION.—The State educational agency 

4 shall require an application that includes the following in5 formation: 

6 ‘‘(1) A description of the program or project the 

7 applicant will use the funds to support. 

8 ‘‘(2) A description of how the applicant is using 

9 or will use other State, local, or private funding to 

10 support the program or project. 

11 ‘‘(3) A description of how the program or project 

12 will help increase student academic achievement, in13 cluding the evidence to support this claim. 

14 ‘‘(4) A description of the student population the 

15 program or project is targeting to impact, and if the 

16 program will prioritize students in high-need local 

17 educational agencies. 

18 ‘‘(5) A description of how the applicant will con19 duct sufficient outreach to ensure students can par20 ticipate in the program or project. 

21 ‘‘(6) A description of any partnerships the appli22 cant has entered into with the local educational agen23 cies or other entities the applicant will work with, if 

24 applicable. 

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1 ‘‘(7) A description of how the applicant will 

2 work to share evidence-based and other effective strat3 egies from the program or project with local edu4 cational agencies and other entities working with stu5 dents to increase academic achievement. 

6 ‘‘(8) An assurance that students who benefit from 

7 any program or project funded under this section 

8 shall continue to maintain enrollment in a public ele9 mentary or secondary school. 

10 ‘‘(c) MATCHING CONTRIBUTION.—An eligible appli11 cant receiving a grant under this section shall provide, ei12 ther directly or through private contributions, non-Federal 

13 matching funds equal to not less than 50 percent of the 

14 amount of the grant. 

15 ‘‘(d) REVIEW.—The State educational agency shall re16 view the application to ensure that— 

17 ‘‘(1) the applicant is an eligible applicant; 

18 ‘‘(2) the application clearly describes the re19 quired elements in subsection (b); 

20 ‘‘(3) the entity meets the matching requirement 

21 described in subsection (c); and 

22 ‘‘(4) the program is allowable and complies with 

23 Federal, State, and local laws. 

24 ‘‘(e) DISTRIBUTION OF FUNDS.—If the application re25 quests exceed the funds available, the State educational 

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1 agency shall prioritize projects that support students in 

2 high-need local educational agencies and ensure geographic 

3 diversity, including serving rural, suburban, and urban 

4 areas. 

5 ‘‘(f) ADMINISTRATIVE COSTS.—Not more than 1 per6 cent of a grant awarded under this section may be used 

7 for administrative costs. 

8 ‘‘SEC. 3206. REPORT. 

9 ‘‘Each recipient of a grant under section 3204 or 3205 

10 shall report to the State educational agency on— 

11 ‘‘(1) the success of the program in reaching the 

12 goals of the program; 

13 ‘‘(2) a description of the students served by the 

14 program and how the students’ academic achievement 

15 improved; and 

16 ‘‘(3) the results of any evaluation conducted on 

17 the success of the program.’’. 

18 TITLE III—IMPACT AID 

19 SEC. 301. PURPOSE. 

20 Section 8001 (20 U.S.C. 7701) is amended by striking 

21 ‘‘challenging State standards’’ and inserting ‘‘State aca22 demic standards’’. 

23 SEC. 302. PAYMENTS RELATING TO FEDERAL ACQUISITION 

24 OF REAL PROPERTY. 

25 Section 8002 (20 U.S.C. 7702) is amended— 

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1 (1) in subsection (a)— 

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

3 by striking ‘‘2003’’ and inserting ‘‘2018’’; and 

4 (B) in paragraph (1)(C), by amending the 

5 matter preceding clause (i) to read as follows: 

6 ‘‘(C) had an assessed value according to 

7 original records (including facsimiles or other re8 productions of those records) or other records 

9 that the Secretary determines to be appropriate 

10 and reliable, including Federal agency records or 

11 local historical records, aggregating 10 percent 

12 or more of the assessed value of—’’; 

13 (2) in subsection (b)— 

14 (A) in paragraph (1)(B), by striking ‘‘sec15 tion 8014(a)’’ and inserting ‘‘section 3(c)(1)’’; 

16 (B) by amending paragraph (2) to read as 

17 follows: 

18 ‘‘(2) DETERMINATION OF ESTIMATED TAXABLE

19 VALUE FOR ELIGIBLE FEDERAL PROPERTY.— 

20 ‘‘(A) IN GENERAL.—Subject to subpara21 graph (B), in determining the estimated taxable 

22 value of eligible Federal property located within 

23 the boundaries of a local educational agency for 

24 fiscal year 2013 and each succeeding fiscal year, 

25 the Secretary shall carry out the following: 

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1 ‘‘(i) Determine the total taxable value 

2 of real property located within the bound3 aries of such local educational agency for 

4 the purpose of levying a property tax for 

5 current expenditures. 

6 ‘‘(ii) Determine the per acre value of 

7 the eligible Federal property by dividing— 

8 ‘‘(I) the total taxable value deter9 mined under clause (i), by 

10 ‘‘(II) the difference between the 

11 total acres located within the bound12 aries of the local educational agency 

13 and the number of Federal acres in 

14 that agency eligible under this section. 

15 ‘‘(iii) Multiply— 

16 ‘‘(I) the per acre value calculated 

17 under clause (ii), by 

18 ‘‘(II) the number of Federal acres 

19 in that agency eligible under this sec20 tion. 

21 ‘‘(B) SPECIAL RULE.—In a case in which a 

22 local educational agency shares eligible Federal 

23 property with 2 or more local educational agen24 cies, the local educational agency may elect to 

25 have the Secretary— 

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1 ‘‘(i) calculate the per acre value of the 

2 eligible Federal property of each such local 

3 educational agency in accordance with sub4 paragraph (A); and 

5 ‘‘(ii) carry out the calculation under 

6 subparagraph (A)(iii) by multiplying— 

7 ‘‘(I) the average of the per acre 

8 values of such eligible Federal prop9 erties, by 

10 ‘‘(II) the acres of the Federal 

11 property in that agency eligible under 

12 this section.’’; and 

13 (C) by amending paragraph (3) to read as 

14 follows: 

15 ‘‘(3) APPLICATION OF CURRENT LEVIED REAL

16 PROPERTY TAX RATE.—In calculating the amount 

17 that a local educational agency is eligible to receive 

18 for a fiscal year, the Secretary shall apply the current 

19 levied real property tax rate for current expenditures 

20 levied by fiscally independent local educational agen21 cies, or imputed for fiscally dependent local edu22 cational agencies, to the current annually determined 

23 estimated taxable value of such acquired Federal 

24 property as calculated under paragraph (2).’’; 

25 (3) by amending subsection (f) to read as follows: 

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1 ‘‘(f) SPECIAL RULE.—Beginning with fiscal year 

2 2013, a local educational agency shall be deemed to meet 

3 the requirements of subsection (a)(1)(C) if records to deter4 mine eligibility under such subsection were destroyed prior 

5 to fiscal year 2000 and the agency received funds under 

6 subsection (b) in the previous year.’’; 

7 (4) by amending subsection (g) to read as fol8 lows: 

9 ‘‘(g) FORMER DISTRICTS.— 

10 ‘‘(1) CONSOLIDATIONS.—For fiscal year 2006 

11 and each succeeding fiscal year, if a local educational 

12 agency described in paragraph (2) is formed at any 

13 time after 1938 by the consolidation of two or more 

14 former school districts, the local educational agency 

15 may elect to have the Secretary determine its eligi16 bility and any amount for which the local edu17 cational agency is eligible under this section for such 

18 fiscal year on the basis of one or more of those former 

19 districts, as designated by the local educational agen20 cy. 

21 ‘‘(2) ELIGIBLE LOCAL EDUCATIONAL AGEN22 CIES.—A local educational agency described in this 

23 paragraph is— 

24 ‘‘(A) any local educational agency that, for 

25 fiscal year 1994 or any preceding fiscal year, 

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1 applied for, and was determined to be eligible 

2 under section 2(c) of the Act of September 20, 

3 1950 (Public Law 874, 81st Congress) as that 

4 section was in effect for that fiscal year; or 

5 ‘‘(B) a local educational agency formed by 

6 the consolidation of 2 or more school districts, at 

7 least one of which was eligible for assistance 

8 under this section for the fiscal year preceding 

9 the year of the consolidation, if— 

10 ‘‘(i) for fiscal years 2006 through 2012, 

11 the local educational agency notifies the 

12 Secretary not later than 30 days after the 

13 date of enactment of the Encouraging Inno14 vation and Effective Teachers Act of the des15 ignation described in paragraph (1); and 

16 ‘‘(ii) for fiscal year 2013, and each 

17 subsequent fiscal year, the local educational 

18 agency includes the designation in its ap19 plication under section 8005 or any timely 

20 amendment to such application. 

21 ‘‘(3) AVAILABILITY OF FUNDS.—Notwithstanding 

22 any other provision of law limiting the period during 

23 which the Secretary may obligate funds appropriated 

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1 ments have been made for any of such fiscal years to 

2 carry out this subsection.’’; 

3 (5) in subsection (h)— 

4 (A) by striking ‘‘section 8014(a)’’ and in5 serting ‘‘section 3(c)(1)’’; 

6 (B) by amending paragraph (1) to read as 

7 follows: 

8 ‘‘(1) FOUNDATION PAYMENTS.— 

9 ‘‘(A) IN GENERAL.—From the amount ap10 propriated under section 3(c)(1) for the fiscal 

11 year involved, the Secretary shall first make a 

12 payment to the following local educational agen13 cies: 

14 ‘‘(i) Each local educational agency that 

15 received a payment under this section for 

16 fiscal year 2006 and was eligible for a pay17 ment under this section for fiscal year 2006. 

18 ‘‘(ii) Each local educational agency 

19 that did not receive a payment under this 

20 section for fiscal year 2006 but was newly 

21 eligible for a payment under this section 

22 after fiscal year 2006. 

23 ‘‘(B) AMOUNT.—The amount of payment 

24 under subparagraph (A) for a local educational 

25 agency shall be determined as follows: 

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1 ‘‘(i) For a local educational agency de2 scribed in subparagraph (A)(i) the amount 

3 of payment shall be equal to 90 percent of 

4 the amount received by such local edu5 cational agency under subsection (b) for fis6 cal year 2006. 

7 ‘‘(ii) For a local educational agency 

8 described in subparagraph (A)(ii) the 

9 amount of payment shall be determined 

10 by— 

11 ‘‘(I) calculating a payment esti12 mate for fiscal year 2006 for such local 

13 educational agency under subsection 

14 (b) in the same manner as payments 

15 were determined for local educational 

16 agencies eligible for and receiving pay17 ments for fiscal year 2006 under such 

18 section; and 

19 ‘‘(II) multiplying the amount de20 termined under subclause (I) by 90 

21 percent. 

22 ‘‘(C) FOUNDATION PAYMENT.—The amount 

23 of payments calculated under clause (i) or (ii) of 

24 subparagraph (B) for a local educational agency 

25 shall be considered the local educational agency’s 

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1 foundation payments for each succeeding fiscal 

2 year. 

3 ‘‘(D) INSUFFICIENT APPROPRIATIONS.—If 

4 the amount appropriated under section 3(c)(1) is 

5 insufficient to pay the full amount determined 

6 under this paragraph for all eligible local edu7 cational agencies for the fiscal year, then the 

8 Secretary shall ratably reduce the payment to 

9 each such local educational agency under this 

10 paragraph.’’; 

11 (C) by amending paragraph (2) to read as 

12 follows: 

13 ‘‘(2) REMAINING FUNDS.—From any amounts 

14 remaining after making payments under paragraph 

15 (1) for the fiscal year involved, the Secretary shall— 

16 ‘‘(A) sum the amounts determined for all el17 igible local educational agencies under subsection 

18 (b)(2); 

19 ‘‘(B) determine each eligible local edu20 cational agency’s proportional share of the 

21 amount calculated under subparagraph (A); and 

22 ‘‘(C) pay each eligible local educational 

23 agency its share of the remaining funds based on 

24 the proportion calculated under subparagraph 

25 (B).’’; and 

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1 (D) by striking paragraphs (3) and (4); 

2 (6) by repealing subsections (i) and (k); 

3 (7) by redesignating subsection (l) as subsection 

4 (i); 

5 (8) by amending subsection (i) (as so redesig6 nated) by striking ‘‘(h)(4)(B)’’ and inserting ‘‘(h)(2)’’; 

7 (9) by repealing subsection (m); and 

8 (10) by redesignating subsection (n) as sub9 section (j). 

10 SEC. 303. PAYMENTS FOR ELIGIBLE FEDERALLY CON11 NECTED CHILDREN. 

12 (a) COMPUTATION OF PAYMENT.—Section 8003(a) (20 

13 U.S.C. 7703(a)) is amended— 

14 (1) in the matter preceding subparagraph (A) of 

15 paragraph (1), by inserting after ‘‘schools of such 

16 agency’’ the following: ‘‘(including those children en17 rolled in such agency as a result of the open enroll18 ment policy of the State in which the agency is lo19 cated, but not including children who are enrolled in 

20 a distance education program at such agency and 

21 who are not residing within the geographic bound22 aries of such agency)’’; 

23 (2) in paragraph (4)— 

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1 (A) in the heading, by striking ‘‘OR RE2 BUILDING’’ and inserting ‘‘, REBUILDING, OR AU3 THORIZED FOR DEMOLITION’’; 

4 (B) in subparagraph (A), by striking ‘‘or 

5 rebuilding’’ each place it appears and inserting 

6 ‘‘, rebuilding, or authorized for demolition by the 

7 Secretary of Defense or the head of another Fed8 eral agency’’; and 

9 (C) in subparagraph (B)— 

10 (i) by striking ‘‘or rebuilding’’ each 

11 place it appears and inserting ‘‘, rebuild12 ing, or authorized for demolition by the Sec13 retary of Defense or the head of another 

14 Federal agency’’; and 

15 (ii) by striking ‘‘3 fiscal years’’ each 

16 place it appears and inserting ‘‘4 fiscal 

17 years (which are not required to run con18 secutively)’’; and 

19 (3) in paragraph (5)(A), by inserting after 

20 ‘‘1984,’’ the following: ‘‘or under lease of off-base 

21 property under subchapter IV of chapter 169 of title 

22 10, United States Code,’’. 

23 (b) BASIC SUPPORT PAYMENTS FOR HEAVILY IM24 PACTED LOCAL EDUCATIONAL AGENCIES.—Section 8003(b) 

25 (20 U.S.C. 7703(b)) is amended— 

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1 (1) by striking ‘‘section 8014(b)’’ each place it 

2 appears and inserting ‘‘section 3(c)(2)’’; 

3 (2) in paragraph (1), by repealing subparagraph 

4 (E); 

5 (3) in paragraph (2)— 

6 (A) in subparagraph (A), by inserting at 

7 the end the following: 

8 ‘‘(iii) The Secretary shall— 

9 ‘‘(I) deem each local educational 

10 agency that received a basic support 

11 payment under this paragraph for fis12 cal year 2009 as eligible to receive a 

13 basic support payment under this 

14 paragraph for each of fiscal years 

15 2010, 2011, and 2012; and 

16 ‘‘(II) make a payment to each 

17 such local educational agency under 

18 this paragraph for each of fiscal years 

19 2010, 2011, and 2012.’’; and 

20 (B) in subparagraph (B)— 

21 (i) by striking ‘‘CONTINUING’’ in the 

22 heading; 

23 (ii) by amending clause (i) to read as 

24 follows: 

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1 ‘‘(i) IN GENERAL.—A heavily impacted 

2 local educational agency is eligible to re3 ceive a basic support payment under sub4 paragraph (A) with respect to a number of 

5 children determined under subsection (a)(1) 

6 if the agency— 

7 ‘‘(I) is a local educational agen8 cy— 

9 ‘‘(aa) whose boundaries are 

10 the same as a Federal military 

11 installation or an island property 

12 designated by the Secretary of the 

13 Interior to be property that is 

14 held in trust by the Federal Gov15 ernment; and 

16 ‘‘(bb) that has no taxing au17 thority; 

18 ‘‘(II) is a local educational agency 

19 that— 

20 ‘‘(aa) has an enrollment of 

21 children described in subsection 

22 (a)(1) that constitutes a percent23 age of the total student enrollment 

24 of the agency that is not less than 

25 45 percent; 

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1 ‘‘(bb) has a per-pupil ex2 penditure that is less than— 

3 ‘‘(AA) for an agency 

4 that has a total student en5 rollment of 500 or more stu6 dents, 125 percent of the av7 erage per-pupil expenditure 

8 of the State in which the 

9 agency is located; or 

10 ‘‘(BB) for any agency 

11 that has a total student en12 rollment less than 500, 150 

13 percent of the average per14 pupil expenditure of the 

15 State in which the agency is 

16 located; or the average per17 pupil expenditure of 3 or 

18 more comparable local edu19 cational agencies in the State 

20 in which the agency is lo21 cated; and 

22 ‘‘(cc) is an agency that— 

23 ‘‘(AA) has a tax rate for 

24 general fund purposes that is 

25 not less than 95 percent of 

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1 the average tax rate for gen2 eral fund purposes of com3 parable local educational 

4 agencies in the State; or 

5 ‘‘(BB) was eligible to re6 ceive a payment under this 

7 subsection for fiscal year 

8 2012 and is located in a 

9 State that by State law has 

10 eliminated ad valorem tax as 

11 a revenue for local edu12 cational agencies; 

13 ‘‘(III) is a local educational agen14 cy that— 

15 ‘‘(aa) has an enrollment of 

16 children described in subsection 

17 (a)(1) that constitutes a percent18 age of the total student enrollment 

19 of the agency that is not less than 

20 20 percent; 

21 ‘‘(bb) for the 3 fiscal years 

22 preceding the fiscal year for which 

23 the determination is made, the av24 erage enrollment of children who 

25 are not described in subsection 

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1 (a)(1) and who are eligible for a 

2 free or reduced price lunch under 

3 the Richard B. Russell National 

4 School Lunch Act constitutes a 

5 percentage of the total student en6 rollment of the agency that is not 

7 less than 65 percent; and 

8 ‘‘(cc) has a tax rate for gen9 eral fund purposes which is not 

10 less than 125 percent of the aver11 age tax rate for general fund pur12 poses for comparable local edu13 cational agencies in the State; 

14 ‘‘(IV) is a local educational agen15 cy that has a total student enrollment 

16 of not less than 25,000 students, of 

17 which— 

18 ‘‘(aa) not less than 50 per19 cent are children described in sub20 section (a)(1); and 

21 ‘‘(bb) not less than 5,500 of 

22 such children are children de23 scribed in subparagraphs (A) and 

24 (B) of subsection (a)(1); or 

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1 ‘‘(V) is a local educational agency 

2 that— 

3 ‘‘(aa) has an enrollment of 

4 children described in subsection 

5 (a)(1) including, for purposes of 

6 determining eligibility, those chil7 dren described in subparagraphs 

8 (F) and (G) of such subsection, 

9 that is not less than 35 percent of 

10 the total student enrollment of the 

11 agency; and 

12 ‘‘(bb) was eligible to receive 

13 assistance under subparagraph 

14 (A) for fiscal year 2001.’’; and 

15 (iii) in clause (ii)— 

16 (I) by striking ‘‘A heavily’’ and 

17 inserting the following: 

18 ‘‘(I) IN GENERAL.—Subject to 

19 subclause (II), a heavily’’; and 

20 (II) by adding at the end the fol21 lowing: 

22 ‘‘(II) LOSS OF ELIGIBILITY DUE

23 TO FALLING BELOW 95 PERCENT OF

24 THE AVERAGE TAX RATE FOR GENERAL

25 FUND PURPOSES.—In a case of a heavmstockstill on DSK4VPTVN1PROD with BILLS

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1 ily impacted local educational agency 

2 that fails to meet the requirements of 

3 clause (i) for a fiscal year by reason of 

4 having a tax rate for general fund pur5 poses that falls below 95 percent of the 

6 average tax rate for general fund pur7 poses of comparable local educational 

8 agencies in the State, subclause (I) 

9 shall be applied as if ‘and the subse10 quent fiscal year’ were inserted before 

11 the period at the end.’’; 

12 (C) by striking subparagraph (C); 

13 (D) by redesignating subparagraphs (D) 

14 through (H) as subparagraphs (C) through (G), 

15 respectively; 

16 (E) in subparagraph (C) (as so redesig17 nated)— 

18 (i) in the heading, by striking ‘‘REG19 ULAR’’; 

20 (ii) by striking ‘‘Except as provided in 

21 subparagraph (E)’’ and inserting ‘‘Except 

22 as provided in subparagraph (D)’’; 

23 (iii) by amending subclause (I) of 

24 clause (ii) to read as follows: 

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1 ‘‘(ii)(I)(aa) For a local educational agency 

2 with respect to which 35 percent or more of the 

3 total student enrollment of the schools of the 

4 agency are children described in subparagraph 

5 (D) or (E) (or a combination thereof) of sub6 section (a)(1), and that has an enrollment of 

7 children described in subparagraphs (A), (B), or 

8 (C) of such subsection equal to at least 10 per9 cent of the agency’s total enrollment, the Sec10 retary shall calculate the weighted student units 

11 of those children described in subparagraph (D) 

12 or (E) of such subsection by multiplying the 

13 number of such children by a factor of 0.55. 

14 ‘‘(bb) Notwithstanding subitem (aa), a local 

15 educational agency that received a payment 

16 under this paragraph for fiscal year 2006 shall 

17 not be required to have an enrollment of children 

18 described in subparagraphs (A), (B), or (C) of 

19 subsection (a)(1) equal to at least 10 percent of 

20 the agency’s total enrollment.’’; and 

21 (iv) by amending subclause (III) of 

22 clause (ii) by striking ‘‘(B)(i)(II)(aa)’’ and 

23 inserting ‘‘subparagraph (B)(i)(I)’’; 

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1 (F) in subparagraph (D)(i)(II) (as so redes2 ignated), by striking ‘‘6,000’’ and inserting 

3 ‘‘5,500’’; 

4 (G) in subparagraph (E) (as so redesig5 nated)— 

6 (i) by striking ‘‘Secretary’’ and all 

7 that follows through ‘‘shall use’’ and insert8 ing ‘‘Secretary shall use’’; 

9 (ii) by striking ‘‘; and’’ and inserting 

10 a period; and 

11 (iii) by striking clause (ii); 

12 (H) in subparagraph (F) (as so redesig13 nated), by striking ‘‘subparagraph 

14 (C)(i)(II)(bb)’’ and inserting ‘‘subparagraph 

15 (B)(i)(II)(bb)’’; 

16 (I) in subparagraph (G) (as so redesig17 nated)— 

18 (i) in clause (i)— 

19 (I) by striking ‘‘subparagraph 

20 (B), (C), (D), or (E)’’ and inserting 

21 ‘‘subparagraph (B), (C), or (D)’’; 

22 (II) by striking ‘‘by reason of’’ 

23 and inserting ‘‘due to’’; 

24 (III) by inserting after ‘‘clause 

25 (iii)’’ the following ‘‘, or as the direct 

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1 result of base realignment and closure 

2 or modularization as determined by 

3 the Secretary of Defense and force 

4 structure change or force relocation’’; 

5 and 

6 (IV) by inserting before the pe7 riod, the following: ‘‘or during such 

8 time as activities associated with base 

9 closure and realignment, 

10 modularization, force structure change, 

11 or force relocation are ongoing’’; and 

12 (ii) in clause (ii), by striking ‘‘(D) or 

13 (E)’’ each place it appears and inserting 

14 ‘‘(C) or (D)’’; 

15 (4) in paragraph (3)— 

16 (A) in subparagraph (B)— 

17 (i) by amending clause (iii) to read as 

18 follows: 

19 ‘‘(iii) In the case of a local educational 

20 agency providing a free public education to stu21 dents enrolled in kindergarten through grade 12, 

22 but which enrolls students described in subpara23 graphs (A), (B), and (D) of subsection (a)(1) 

24 only in grades 9 through 12, and which received 

25 a final payment in fiscal year 2009 calculated 

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1 under this paragraph (as this paragraph was in 

2 effect on the day before the date of enactment of 

3 the Encouraging Innovation and Effective 

4 Teachers Act) for students in grades 9 through 

5 12, the Secretary shall, in calculating the agen6 cy’s payment, consider only that portion of such 

7 agency’s total enrollment of students in grades 9 

8 through 12 when calculating the percentage 

9 under clause (i)(I) and only that portion of the 

10 total current expenditures attributed to the oper11 ation of grades 9 through 12 in such agency 

12 when calculating the percentage under clause 

13 (i)(II).’’; and 

14 (ii) by adding at the end the following: 

15 ‘‘(v) In the case of a local educational agen16 cy that is providing a program of distance edu17 cation to children not residing within the geo18 graphic boundaries of the agency, the Secretary 

19 shall— 

20 ‘‘(I) for purposes of the calculation 

21 under clause (i)(I), disregard such children 

22 from the total number of children in aver23 age daily attendance at the schools served 

24 by such agency; and 

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1 ‘‘(II) for purposes of the calculation 

2 under clause (i)(II), disregard any funds re3 ceived for such children from the total cur4 rent expenditures for such agency.’’; 

5 (B) in subparagraph (C), by striking ‘‘sub6 paragraph (D) or (E) of paragraph (2), as the 

7 case may be’’ and inserting ‘‘paragraph (2)(D)’’; 

8 and 

9 (C) by amending subparagraph (D) to read 

10 as follows: 

11 ‘‘(D) RATABLE DISTRIBUTION.—For any 

12 fiscal year described in subparagraph (A) for 

13 which the sums available exceed the amount re14 quired to pay each local educational agency 100 

15 percent of its threshold payment, the Secretary 

16 shall distribute the excess sums to each eligible 

17 local educational agency that has not received its 

18 full amount computed under paragraph (1) or 

19 (2) (as the case may be) by multiplying— 

20 ‘‘(i) a percentage, the denominator of 

21 which is the difference between the full 

22 amount computed under paragraph (1) or 

23 (2) (as the case may be) for all local edu24 cational agencies and the amount of the 

25 threshold payment (as calculated under submstockstill on DSK4VPTVN1PROD with BILLS

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1 paragraphs (B) and (C)) of all local edu2 cational agencies, and the numerator of 

3 which is the aggregate of the excess sums, 

4 by; 

5 ‘‘(ii) the difference between the full 

6 amount computed under paragraph (1) or 

7 (2) (as the case may be) for the agency and 

8 the amount of the threshold payment as cal9 culated under subparagraphs (B) and (C) of 

10 the agency.’’; and 

11 (D) by inserting at the end the following 

12 new subparagraphs: 

13 ‘‘(E) INSUFFICIENT PAYMENTS.—For each 

14 fiscal year described in subparagraph (A) for 

15 which the sums appropriated under section 

16 3(c)(2) are insufficient to pay each local edu17 cational agency all of the local educational agen18 cy’s threshold payment described in subpara19 graph (D), the Secretary shall ratably reduce the 

20 payment to each local educational agency under 

21 this paragraph. 

22 ‘‘(F) INCREASES.—If the sums appropriated 

23 under section 3(c)(2) are sufficient to increase 

24 the threshold payment above the 100 percent 

25 threshold payment described in subparagraph 

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1 (D), then the Secretary shall increase payments 

2 on the same basis as such payments were re3 duced, except no local educational agency may 

4 receive a payment amount greater than 100 per5 cent of the maximum payment calculated under 

6 this subsection.’’; and 

7 (5) in paragraph (4)— 

8 (A) in subparagraph (A), by striking 

9 ‘‘through (D)’’ and inserting ‘‘and (C)’’; and 

10 (B) in subparagraph (B), by striking ‘‘sub11 paragraph (D) or (E)’’ and inserting ‘‘subpara12 graph (C) or (D)’’. 

13 (c) PRIOR YEAR DATA.—Paragraph (2) of section 

14 8003(c) (20 U.S.C. 7703(c)) is amended to read as follows: 

15 ‘‘(2) EXCEPTION.—Calculation of payments for a 

16 local educational agency shall be based on data from 

17 the fiscal year for which the agency is making an ap18 plication for payment if such agency— 

19 ‘‘(A) is newly established by a State, for the 

20 first year of operation of such agency only; 

21 ‘‘(B) was eligible to receive a payment 

22 under this section for the previous fiscal year 

23 and has had an overall increase in enrollment 

24 (as determined by the Secretary in consultation 

25 with the Secretary of Defense, the Secretary of 

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1 Interior, or the heads of other Federal agen2 cies)— 

3 ‘‘(i) of not less than 10 percent, or 100 

4 students, of children described in— 

5 ‘‘(I) subparagraph (A), (B), (C), 

6 or (D) of subsection (a)(1); or 

7 ‘‘(II) subparagraph (F) and (G) 

8 of subsection (a)(1), but only to the ex9 tent such children are civilian depend10 ents of employees of the Department of 

11 Defense or the Department of Interior; 

12 and 

13 ‘‘(ii) that is the direct result of closure 

14 or realignment of military installations 

15 under the base closure process or the reloca16 tion of members of the Armed Forces and 

17 civilian employees of the Department of De18 fense as part of the force structure changes 

19 or movements of units or personnel between 

20 military installations or because of actions 

21 initiated by the Secretary of the Interior or 

22 the head of another Federal agency; or 

23 ‘‘(C) was eligible to receive a payment 

24 under this section for the previous fiscal year 

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1 and has had an increase in enrollment (as deter2 mined by the Secretary)— 

3 ‘‘(i) of not less than 10 percent of chil4 dren described in subsection (a)(1) or not 

5 less than 100 of such children; and 

6 ‘‘(ii) that is the direct result of the clo7 sure of a local educational agency that re8 ceived a payment under subsection (b)(1) or 

9 (b)(2) in the previous fiscal year.’’. 

10 (d) CHILDREN WITH DISABILITIES.—Section 

11 8003(d)(1) (20 U.S.C. 7703(d)) is amended by striking 

12 ‘‘section 8014(c)’’ and inserting ‘‘section 3(c)(3)’’. 

13 (e) HOLD-HARMLESS.—Section 8003(e) (20 U.S.C. 

14 7703(e)) is amended— 

15 (1) by amending paragraph (1) to read as fol16 lows: 

17 ‘‘(1) IN GENERAL.—Subject to paragraph (2), the 

18 total amount the Secretary shall pay a local edu19 cational agency under subsection (b)— 

20 ‘‘(A) for fiscal year 2013, shall not be less 

21 than 90 percent of the total amount that the 

22 local educational agency received under sub23 section (b)(1), (b)(2), or (b)(2)(B)(ii) for fiscal 

24 year 2012; 

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1 ‘‘(B) for fiscal year 2014, shall not be less 

2 than 85 percent of the total amount that the 

3 local educational agency received under sub4 section (b)(1), (b)(2), or (b)(2)(B)(ii) for fiscal 

5 year 2012; and 

6 ‘‘(C) for fiscal year 2015, shall not be less 

7 than 80 percent of the total amount that the 

8 local educational agency received under sub9 section (b)(1), (b)(2), or (b)(2)(B)(ii) for fiscal 

10 year 2012.’’; and 

11 (2) by amending paragraph (2) to read as fol12 lows: 

13 ‘‘(2) MAXIMUM AMOUNT.—The total amount pro14 vided to a local educational agency under subpara15 graph (A), (B), or C of paragraph (1) for a fiscal 

16 year shall not exceed the maximum basic support 

17 payment amount for such agency determined under 

18 paragraph (1) or (2) of subsection (b), as the case 

19 may be, for such fiscal year.’’. 

20 (f) MAINTENANCE OF EFFORT.—Section 8003 (20 

21 U.S.C. 7703) is amended by striking subsection (g). 

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1 SEC. 304. POLICIES AND PROCEDURES RELATING TO CHIL2 DREN RESIDING ON INDIAN LANDS. 

3 Section 8004(e)(9) is amended by striking ‘‘Bureau of 

4 Indian Affairs’’ and inserting ‘‘Bureau of Indian Edu5 cation’’. 

6 SEC. 305. APPLICATION FOR PAYMENTS UNDER SECTIONS 

7 8002 AND 8003. 

8 Section 8005(b) (20 U.S.C. 7705(b)) is amended in the 

9 matter preceding paragraph (1) by striking ‘‘and shall con10 tain such information,’’. 

11 SEC. 306. CONSTRUCTION. 

12 Section 8007 (20 U.S.C. 7707) is amended— 

13 (1) in subsection (a)— 

14 (A) in paragraph (1), by striking ‘‘section 

15 8014(e)’’ and inserting ‘‘section 3(c)(4)’’; 

16 (B) in paragraph (2), by adding at the end 

17 the following: 

18 ‘‘(C) The agency is eligible under section 

19 4003(b)(2) or is receiving basic support pay20 ments under circumstances described in section 

21 4003(b)(2)(B)(ii).’’; and 

22 (C) in paragraph (3), by striking ‘‘section 

23 8014(e)’’ each place it appears and inserting 

24 ‘‘section 3(c)(4)’’; and 

25 (2) in subsection (b)— 

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1 (A) in paragraph (1), by striking ‘‘section 

2 8014(e)’’ and inserting ‘‘section 3(c)(4)’’; 

3 (B) in paragraph (3)— 

4 (i) in subparagraph (C)(i)(I), by add5 ing at the end the following: 

6 ‘‘(cc) At least 10 percent of the 

7 property in the agency is exempt from 

8 State and local taxation under Federal 

9 law.’’; and 

10 (ii) by adding at the end the following: 

11 ‘‘(F) LIMITATIONS ON ELIGIBILITY RE12 QUIREMENTS.—The Secretary shall not limit eli13 gibility— 

14 ‘‘(i) under subparagraph (C)(i)(I)(aa), 

15 to those local educational agencies in which 

16 the number of children determined under 

17 section 8003(a)(1)(C) for each such agency 

18 for the preceding school year constituted 

19 more than 40 percent of the total student 

20 enrollment in the schools of each such agen21 cy during the preceding school year; and 

22 ‘‘(ii) under subparagraph (C)(i)(I)(cc), 

23 to those local educational agencies in which 

24 more than 10 percent of the property in 

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1 each such agency is exempt from State and 

2 local taxation under Federal law.’’; and 

3 (C) in paragraph (6)— 

4 (i) in the matter preceding subpara5 graph (A), by striking ‘‘in such manner, 

6 and accompanied by such information’’ and 

7 inserting ‘‘and in such manner’’; and 

8 (ii) by striking subparagraph (F). 

9 SEC. 307. FACILITIES. 

10 Section 8008 (20 U.S.C. 7708) is amended in sub11 section (a), by striking ‘‘section 8014(f)’’ and inserting ‘‘sec12 tion 3(c)(5)’’. 

13 SEC. 308. STATE CONSIDERATION OF PAYMENTS PRO14 VIDING STATE AID. 

15 Section 8009(c)(1)(B) (20 U.S.C. 7709(c)(1)(B)) is 

16 amended by striking ‘‘and contain the information’’. 

17 SEC. 309. FEDERAL ADMINISTRATION. 

18 Section 8010 (20 U.S.C. 7710) is amended— 

19 (1) in subsection (c), by striking ‘‘paragraph 

20 (3)’’ each place it appears and inserting ‘‘paragraph 

21 (2)’’; and 

22 (2) by adding at the end the following new sub23 section: 

24 ‘‘(d) TIMELY PAYMENTS.— 

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

2 full amount that a local educational agency is eligible 

3 to receive under this title not later than September 30 

4 of the second fiscal year following the fiscal year for 

5 which such amount has been appropriated if, not 

6 later than 1 calendar year following the fiscal year in 

7 which such amount has been appropriated, such local 

8 educational agency submits to the Secretary all the 

9 data and information necessary for the Secretary to 

10 pay the full amount that the agency is eligible to re11 ceive under this title for such fiscal year. 

12 ‘‘(2) PAYMENTS WITH RESPECT TO FISCAL YEARS

13 IN WHICH INSUFFICIENT FUNDS ARE APPRO14 PRIATED.—For a fiscal year in which the amount ap15 propriated under section 3(c) is insufficient to pay 

16 the full amount a local educational agency is eligible 

17 to receive under this title, paragraph (1) shall be ap18 plied by substituting ‘is available to pay the agency’ 

19 for ‘the agency is eligible to receive’ each place it ap20 pears.’’. 

21 SEC. 310. ADMINISTRATIVE HEARINGS AND JUDICIAL RE22 VIEW. 

23 Section 8011(a) (20 U.S.C. 7711(a)) is amended by 

24 striking ‘‘or under the Act’’ and all the follows through 

25 ‘‘1994)’’. 

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1 SEC. 311. DEFINITIONS. 

2 Section 8013 is amended— 

3 (1) in paragraph (1), by striking ‘‘and Marine 

4 Corps’’ and inserting ‘‘Marine Corps, and Coast 

5 Guard’’; 

6 (2) in paragraph (4), by striking ‘‘and title VI’’; 

7 (3) in paragraph (5)(A)(iii)— 

8 (A) in subclause (II), by striking ‘‘Stewart 

9 B. McKinney Homeless Assistance Act’’ and in10 serting ‘‘McKinney-Vento Homeless Assistance 

11 Act (42 U.S.C. 114111 et seq.)’’; and 

12 (B) in subclause (III), by inserting before 

13 the semicolon, ‘‘(26 U.S.C. 4101 et seq.)’’; 

14 (4) in paragraph (8)(A), by striking ‘‘and 

15 verified by’’ and inserting ‘‘, and verified by,’’; and 

16 (5) in paragraph (9)(B), by inserting a comma 

17 before ‘‘on a case-by-case basis’’. 

18 SEC. 312. AUTHORIZATION OF APPROPRIATIONS. 

19 Section 8014 (20 U.S.C. 7801) is repealed. 

20 SEC. 313. CONFORMING AMENDMENTS. 

21 (a) REPEAL.—Title IV (20 U.S.C. 7101 et seq.), as 

22 amended by section 201(b)(2) of the Student Success Act, 

23 is repealed. 

24 (b) TRANSFER AND REDESIGNATION.—Title VIII (20 

25 U.S.C. 7701 et seq.), as amended by this title, is redesigmstockstill on DSK4VPTVN1PROD with BILLS

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1 nated as title IV (20 U.S.C. 7101 et seq.), and transferred 

2 and inserted after title III (as amended by this Act). 

3 (c) TITLE IV.—The heading relating to title IV of such 

4 Act (20 U.S.C. 7101 et seq.) is amended to read as follows: 

5 ‘‘TITLE IV—IMPACT AID’’. 

6 (d) TITLE VIII REFERENCES.—The Act (20 U.S.C. 

7 6301 et seq.) is amended— 

8 (1) by redesignating sections 8001 through 8005 

9 as sections 4001 through 4005, respectively; 

10 (2) by redesignating sections 8007 through 8013 

11 as sections 4007 through 4013, respectively; 

12 (3) by striking ‘‘section 8002’’ each place it ap13 pears and inserting ‘‘section 4002’’; 

14 (4) by striking ‘‘section 8002(b)’’ each place it 

15 appears and inserting ‘‘section 4002(b)’’; 

16 (5) by striking ‘‘section 8003’’ each place it ap17 pears and inserting ‘‘section 4003’’, respectively; 

18 (6) by striking ‘‘section 8003(a)’’ each place it 

19 appears and inserting ‘‘section 4003(a)’’; 

20 (7) by striking ‘‘section 8003(a)(1)’’ each place it 

21 appears and inserting ‘‘section 4003(a)(1)’’; 

22 (8) by striking ‘‘section 8003(a)(1)(C)’’ each 

23 place it appears and inserting ‘‘section 

24 4003(a)(1)(C)’’; 

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1 (9) by striking ‘‘section 8002(a)(2)’’ each place it 

2 appears and inserting ‘‘section 4002(a)(2)’’; 

3 (10) by striking ‘‘section 8003(b)’’ each place it 

4 appears and inserting ‘‘section 4003(b)’’; 

5 (11) by striking ‘‘section 8003(b)(1)’’ each place 

6 it appears and inserting ‘‘section 4003(b)(1)’’; 

7 (12) in section 4002(b)(1)(C), by striking ‘‘sec8 tion 8003(b)(1)(C)’’ and inserting ‘‘section 

9 4003(b)(1)(C)’’; 

10 (13) in section 4002(j)(1) (as so redesignated), 

11 by striking ‘‘section 8013(5)(C)(iii)’’ and inserting 

12 ‘‘section 4013(5)(C)(iii)’’; 

13 (14) in section 4005 (as so redesignated)— 

14 (A) in the section heading, by striking 

15 ‘‘8002 AND 8003’’ and inserting ‘‘4002 AND

16 4003’’; 

17 (B) by striking ‘‘or 8003’’ each place it ap18 pears and inserting ‘‘or 4003’’; 

19 (C) in subsection (b)(2), by striking ‘‘section 

20 8004’’ and inserting ‘‘section 4004’’; and 

21 (D) in subsection (d)(2), by striking ‘‘sec22 tion 8003(e)’’ and inserting ‘‘section 4003(e)’’; 

23 (15) in section 4007(a)(3)(A)(i) (as so redesig24 nated), by striking ‘‘section 8008(a)’’ and inserting 

25 ‘‘section 4008(a)’’; 

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1 (16) in section 4007(a)(4) (as so redesignated), 

2 by striking ‘‘section 8013(3)’’ and inserting ‘‘section 

3 4013(3)’’; and 

4 (17) in section 4009 (as so redesignated)— 

5 (A) in subsection (b)(1)— 

6 (i) by striking ‘‘or 8003(b)’’ and in7 serting ‘‘or 4003(b)’’; 

8 (ii) by striking ‘‘section 

9 8003(a)(2)(B)’’ and inserting ‘‘section 

10 4003(a)(2)(B)’’; and 

11 (iii) by striking ‘‘section 8003(b)(2)’’ 

12 and inserting ‘‘section 4003(b)(2)’’; 

13 (B) by striking ‘‘section 8011(a)’’ each place 

14 it appears and inserting ‘‘section 4011(a)’’; and 

15 (18) in section 4010(c)(2)(D) (as so redesig16 nated) by striking ‘‘section 8009(b)’’ and inserting 

17 ‘‘section 4009(b)’’. 

18 TITLE IV—TROOPS-TO19 TEACHERS PROGRAM 

20 SEC. 401. TROOPS-TO-TEACHERS PROGRAM. 

21 (a) TRANSFER OF FUNCTIONS.—The responsibility 

22 and authority for operation and administration of the 

23 Troops-to-Teachers Program is transferred from the Sec24 retary of Education to the Secretary of Defense. 

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1 (b) ENACTMENT AND MODIFICATION OF PROGRAM AU2 THORITY IN TITLE 10, UNITED STATES CODE.— 

3 (1) IN GENERAL.—Chapter 58 of title 10, United 

4 States Code, is amended by adding at the end the fol5 lowing new section: 

6 ‘‘§ 1154. Assistance to eligible members to obtain em7 ployment as teachers: troops-to-teachers 

8 program 

9 ‘‘(a) DEFINITIONS.—In this section: 

10 ‘‘(1) PROGRAM.—The term ‘Program’ means the 

11 Troops-to-Teachers Program authorized by this sec12 tion. 

13 ‘‘(2) CHARTER SCHOOL.—The term ‘charter 

14 school’ has the meaning given that term in section 

15 5101 of the Elementary and Secondary Education 

16 Act of 1965 (20 U.S.C. 7221i). 

17 ‘‘(3) MEMBER OF THE ARMED FORCES.—The 

18 term ‘member of the Armed Forces’ includes a former 

19 member of the Armed Forces. 

20 ‘‘(4) ADDITIONAL TERMS.—The terms ‘elemen21 tary school’, ‘local educational agency’, ‘secondary 

22 school’, and ‘State’ have the meanings given those 

23 terms in section 5101 of the Elementary and Sec24 ondary Education Act of 1965 (20 U.S.C. 7801). 

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1 ‘‘(b) PROGRAM AUTHORIZATION.—The Secretary of 

2 Defense (in this section referred to as the ‘Secretary’) may 

3 carry out a program (to be known as the ‘Troops-to-Teach4 ers Program’)— 

5 ‘‘(1) to assist eligible members of the armed 

6 forces described in subsection (c) to obtain certifi7 cation or licensing as elementary school teachers, sec8 ondary school teachers, or career or technical teachers; 

9 and 

10 ‘‘(2) to facilitate the employment of such mem11 bers— 

12 ‘‘(A) by local educational agencies or public 

13 charter schools that the Secretary of Education 

14 identifies as— 

15 ‘‘(i) receiving grants under subpart 1 

16 of part A of title I of the Elementary and 

17 Secondary Education Act of 1965 (20 

18 U.S.C. 6311 et seq.) as a result of having 

19 within their jurisdictions concentrations of 

20 children from low-income families; or 

21 ‘‘(ii) experiencing a shortage of effec22 tive teachers, in particular a shortage of 

23 science, mathematics, special education, or 

24 career or technical teachers; and 

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1 ‘‘(B) in elementary schools or secondary 

2 schools, or as career or technical teachers. 

3 ‘‘(c) ELIGIBILITY AND APPLICATION PROCESS.— 

4 ‘‘(1) ELIGIBLE MEMBERS.—The following mem5 bers of the armed forces are eligible for selection to 

6 participate in the Program: 

7 ‘‘(A) Any member who— 

8 ‘‘(i) on or after October 1, 1999, be9 comes entitled to retired or retainer pay 

10 under this title or title 14; 

11 ‘‘(ii) has an approved date of retire12 ment that is within one year after the date 

13 on which the member submits an applica14 tion to participate in the Program; or 

15 ‘‘(iii) transfers to the Retired Reserve. 

16 ‘‘(B) Any member who, on or after January 

17 8, 2002— 

18 ‘‘(i)(I) is separated or released from 

19 active duty after 6 or more years of contin20 uous active duty immediately before the sep21 aration or release; or 

22 ‘‘(II) has completed a total of at 

23 least ten years of active duty service, 

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1 tion 12732 of this title, or 10 years of 

2 any combination of such service; and 

3 ‘‘(ii) executes a reserve commitment 

4 agreement for a period of not less than 3 

5 years under paragraph (5)(B). 

6 ‘‘(C) Any member who, on or after January 

7 8, 2002, is retired or separated for physical dis8 ability under chapter 61 of this title. 

9 ‘‘(2) SUBMITTAL OF APPLICATIONS.—(A) Selec10 tion of eligible members of the armed forces to partici11 pate in the Program shall be made on the basis of ap12 plications submitted to the Secretary. An application 

13 shall be in such form as the Secretary may require. 

14 ‘‘(B) An application may be considered to be 

15 submitted on a timely basis under subparagraph 

16 (A)(i), (B), or (C) of paragraph (1) if the application 

17 is submitted not later than 4 years after the date on 

18 which the member is retired or separated or released 

19 from active duty, whichever applies to the member. 

20 ‘‘(3) SELECTION CRITERIA; EDUCATIONAL BACK21 GROUND REQUIREMENTS AND HONORABLE SERVICE

22 REQUIREMENT.—(A) Subject to subparagraphs (B) 

23 and (C), the Secretary shall prescribe the criteria to 

24 be used to select eligible members of the armed forces 

25 to participate in the Program. 

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1 ‘‘(B)(i) If a member of the armed forces is apply2 ing for assistance for placement as an elementary 

3 school or secondary school teacher, the Secretary shall 

4 require the member to have received a baccalaureate 

5 or advanced degree from an accredited institution of 

6 higher education. 

7 ‘‘(ii) If a member of the armed forces is applying 

8 for assistance for placement as a career or technical 

9 teacher, the Secretary shall require the member— 

10 ‘‘(I) to have received the equivalent of one 

11 year of college from an accredited institution of 

12 higher education or the equivalent in military 

13 education and training as certified by the De14 partment of Defense; or 

15 ‘‘(II) to otherwise meet the certification or 

16 licensing requirements for a career or technical 

17 teacher in the State in which the member seeks 

18 assistance for placement under the Program. 

19 ‘‘(iii) A member of the armed forces is eligible to 

20 participate in the Program only if the member’s last 

21 period of service in the armed forces was honorable, 

22 as characterized by the Secretary concerned. A mem23 ber selected to participate in the Program before the 

24 retirement of the member or the separation or release 

25 of the member from active duty may continue to parmstockstill on DSK4VPTVN1PROD with BILLS

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1 ticipate in the Program after the retirement, separa2 tion, or release only if the member’s last period of 

3 service is characterized as honorable by the Secretary 

4 concerned. 

5 ‘‘(4) SELECTION PRIORITIES.—In selecting eligi6 ble members of the armed forces to receive assistance 

7 under the Program, the Secretary shall give priority 

8 to members who— 

9 ‘‘(A) have educational or military experi10 ence in science, mathematics, special education, 

11 or career and technical subjects; and 

12 ‘‘(B) agree to seek employment as science, 

13 mathematics, or special education teachers in el14 ementary schools or secondary schools or in other 

15 schools under the jurisdiction of a local edu16 cational agency. 

17 ‘‘(5) OTHER CONDITIONS ON SELECTION.—(A) 

18 The Secretary may not select an eligible member of 

19 the armed forces to participate in the Program and 

20 receive financial assistance unless the Secretary has 

21 sufficient appropriations for the Program available at 

22 the time of the selection to satisfy the obligations to 

23 be incurred by the United States under subsection (d) 

24 with respect to the member. 

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1 ‘‘(B) The Secretary may not select an eligible 

2 member of the armed forces described in paragraph 

3 (1)(B)(i) to participate in the Program under this 

4 section and receive financial assistance under sub5 section (d) unless the member executes a written 

6 agreement to serve as a member of the Selected Re7 serve of a reserve component of the armed forces for 

8 a period of not less than 3 years (in addition to any 

9 other reserve commitment the member may have). 

10 ‘‘(d) PARTICIPATION AGREEMENT AND FINANCIAL AS11 SISTANCE.— 

12 ‘‘(1) PARTICIPATION AGREEMENT.—(A) An eligi13 ble member of the armed forces selected to participate 

14 in the Program under subsection (c) and receive fi15 nancial assistance under this subsection shall be re16 quired to enter into an agreement with the Secretary 

17 in which the member agrees— 

18 ‘‘(i) within such time as the Secretary may 

19 require, to obtain certification or licensing as an 

20 elementary school teacher, secondary school 

21 teacher, or career and technical teacher; and 

22 ‘‘(ii) to accept an offer of full-time employ23 ment beginning the school year after obtaining 

24 such certification or licensing as an elementary 

25 school teacher, secondary school teacher, or career 

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1 and technical teacher for not less than three 

2 school years with a local educational agency re3 ceiving grants under subpart 1 of part A of title 

4 I of the Elementary and Secondary Education 

5 Act of 1965 (20 U.S.C.6311 et seq.) or a public 

6 charter school. 

7 ‘‘(B) The Secretary may waive the three-year 

8 commitment described in subparagraph (A)(ii) for a 

9 participant if the Secretary determines the waiver to 

10 be appropriate. If the Secretary provides the waiver, 

11 the participant shall not be considered to be in viola12 tion of the agreement and shall not be required to 

13 provide reimbursement under subsection (e), for fail14 ure to meet the three-year commitment. 

15 ‘‘(2) VIOLATION OF PARTICIPATION AGREEMENT; 

16 EXCEPTIONS.—A participant in the Program shall 

17 not be considered to be in violation of the participa18 tion agreement entered into under paragraph (1) dur19 ing any period in which the participant— 

20 ‘‘(A) is pursuing a full-time course of study 

21 related to the field of teaching at an institution 

22 of higher education; 

23 ‘‘(B) is serving on active duty as a member 

24 of the armed forces; 

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1 ‘‘(C) is temporarily totally disabled for a 

2 period of time not to exceed 3 years as estab3 lished by sworn affidavit of a qualified physi4 cian; 

5 ‘‘(D) is unable to secure employment for a 

6 period not to exceed 12 months by reason of the 

7 care required by a spouse who is disabled; 

8 ‘‘(E) is an effective teacher who is seeking 

9 and unable to find full-time employment as a 

10 teacher in an elementary school or secondary 

11 school or as a career and technical teacher for a 

12 single period not to exceed 27 months; or 

13 ‘‘(F) satisfies such other criteria as may be 

14 prescribed by the Secretary. 

15 ‘‘(3) STIPEND FOR PARTICIPANTS.—(A) Subject 

16 to subparagraph (B), the Secretary may pay to a 

17 participant in the Program selected under this section 

18 a stipend in an amount of not more than $5,000. 

19 ‘‘(B) The total number of stipends that may be 

20 paid under subparagraph (A) in any fiscal year may 

21 not exceed 5,000. 

22 ‘‘(4) BONUS FOR PARTICIPANTS.—(A) Subject to 

23 subparagraph (B), the Secretary may, in lieu of pay24 ing a stipend under paragraph (3), pay a bonus of 

25 $10,000 to a participant in the Program selected 

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1 under this section who agrees in the participation 

2 agreement under paragraph (1) to accept full-time 

3 employment as an elementary school teacher, sec4 ondary school teacher, or career and technical teacher 

5 for not less than 3 school years in a high-need school. 

6 ‘‘(B) The total number of bonuses that may be 

7 paid under subparagraph (A) in any fiscal year may 

8 not exceed 3,000. 

9 ‘‘(C) For purposes of subparagraph (A), the term 

10 ‘high-need school’ means a public elementary school, 

11 public secondary school, or public charter school that 

12 meets one or more of the following criteria: 

13 ‘‘(i) At least 50 percent of the students en14 rolled in the school were from low-income fami15 lies (as described in subsection (b)(2)(A)(i)). 

16 ‘‘(ii) The school has a large percentage of 

17 students who qualify for assistance under part B 

18 of the Individuals with Disabilities Education 

19 Act (20 U.S.C. 1411 et seq.). 

20 ‘‘(5) TREATMENT OF STIPEND AND BONUS.—A 

21 stipend or bonus paid under this subsection to a par22 ticipant in the Program shall be taken into account 

23 in determining the eligibility of the participant for 

24 Federal student financial assistance provided under 

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1 title IV of the Higher Education Act of 1965 (20 

2 U.S.C. 1070 et seq.). 

3 ‘‘(e) REIMBURSEMENT UNDER CERTAIN CIR4 CUMSTANCES.— 

5 ‘‘(1) REIMBURSEMENT REQUIRED.—A partici6 pant in the Program who is paid a stipend or bonus 

7 under subsection (d) shall be required to repay the sti8 pend or bonus under the following circumstances: 

9 ‘‘(A) The participant fails to obtain teacher 

10 certification or licensing or to obtain employ11 ment as an elementary school teacher, secondary 

12 school teacher, or career and technical teacher as 

13 required by the participation agreement under 

14 subsection (d)(1). 

15 ‘‘(B) The participant voluntarily leaves, or 

16 is terminated for cause from, employment as an 

17 elementary school teacher, secondary school 

18 teacher, or career and technical teacher during 

19 the 3 years of required service in violation of the 

20 participation agreement. 

21 ‘‘(C) The participant executed a written 

22 agreement with the Secretary concerned under 

23 subsection (c)(5)(B) to serve as a member of a re24 serve component of the armed forces for a period 

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1 of 3 years and fails to complete the required 

2 term of service. 

3 ‘‘(2) AMOUNT OF REIMBURSEMENT.—A partici4 pant required to reimburse the Secretary for a sti5 pend or bonus paid to the participant under sub6 section (d) shall pay an amount that bears the same 

7 ratio to the amount of the stipend or bonus as the 

8 unserved portion of required service bears to the three 

9 years of required service. Any amount owed by the 

10 participant shall bear interest at the rate equal to the 

11 highest rate being paid by the United States on the 

12 day on which the reimbursement is determined to be 

13 due for securities having maturities of 90 days or less 

14 and shall accrue from the day on which the partici15 pant is first notified of the amount due. 

16 ‘‘(3) TREATMENT OF OBLIGATION.—The obliga17 tion to reimburse the Secretary under this subsection 

18 is, for all purposes, a debt owing the United States. 

19 A discharge in bankruptcy under title 11 shall not re20 lease a participant from the obligation to reimburse 

21 the Secretary under this subsection. 

22 ‘‘(4) EXCEPTIONS TO REIMBURSEMENT REQUIRE23 MENT.—A participant shall be excused from reim24 bursement under this subsection if the participant be25 comes permanently totally disabled as established by 

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1 sworn affidavit of a qualified physician. The Sec2 retary may also waive the reimbursement in cases of 

3 extreme hardship to the participant, as determined by 

4 the Secretary. 

5 ‘‘(f) RELATIONSHIP TO EDUCATIONAL ASSISTANCE

6 UNDER MONTGOMERY GI BILL.—The receipt by a partici7 pant in the Program of a stipend or bonus under this sub8 section (d) shall not reduce or otherwise affect the entitle9 ment of the participant to any benefits under chapter 30 

10 or 33 of title 38 or chapter 1606 of this title. 

11 ‘‘(g) PARTICIPATION BY STATES.— 

12 ‘‘(1) DISCHARGE OF STATE ACTIVITIES THROUGH

13 CONSORTIA OF STATES.—The Secretary may permit 

14 States participating in the Program to carry out ac15 tivities authorized for such States under the Program 

16 through one or more consortia of such States. 

17 ‘‘(2) ASSISTANCE TO STATES.—(A) Subject to 

18 subparagraph (B), the Secretary may make grants to 

19 States participating in the Program, or to consortia 

20 of such States, in order to permit such States or con21 sortia of States to operate offices for purposes of re22 cruiting eligible members of the armed forces for par23 ticipation in the Program and facilitating the em24 ployment of participants in the Program as elemenmstockstill on DSK4VPTVN1PROD with BILLS

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1 tary school teachers, secondary school teachers, and 

2 career and technical teachers. 

3 ‘‘(B) The total amount of grants made under 

4 subparagraph (A) in any fiscal year may not exceed 

5 $5,000,000. 

6 ‘‘(h) COUNSELING AND REFERRAL SERVICES.—The 

7 Secretary may provide counseling and referral services to 

8 members of the Armed Forces who meet the criteria de9 scribed in subsection (c), including those members who are 

10 not eligible for assistance under paragraphs (3) and (4) of 

11 subsection (d).’’. 

12 (2) CLERICAL AMENDMENT.—The table of sec13 tions at the beginning of chapter 58 of such title is 

14 amended by adding at the end the following new item: 

‘‘1154. Assistance to eligible members to obtain employment as teachers: Troopsto-Teachers Program.’’. 

15 (3) CONFORMING AMENDMENT.—Section 

16 1142(b)(4)(C) of such title is amended by striking 

17 ‘‘under sections 1152 and 1153 of this title and the 

18 Troops-to-Teachers Program under section 2302 of the 

19 Elementary and Secondary Education Act of 1965 

20 (20 U.S.C. 6672)’’ and inserting ‘‘under sections 

21 1152, 1153, and 1154 of this title’’. 

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1 TITLE V—REPEAL 

2 SEC. 501. REPEAL OF TITLE VI. 

3 The Act is amended by striking title VI (20 U.S.C. 

4 7301 et seq.). 

5 TITLE VI—HOMELESS 

6 EDUCATION 

7 SEC. 601. STATEMENT OF POLICY. 

8 Section 721 of the McKinney-Vento Homeless Assist9 ance Act (42 U.S.C. 11431) is amended— 

10 (1) by amending paragraph (2) to read as fol11 lows: 

12 ‘‘(2) In any State where compulsory residency 

13 requirements or other requirements, laws, regulations, 

14 practices, or policies may act as a barrier to the iden15 tification, enrollment, attendance, or success in school 

16 of homeless children and youths, the State and local 

17 educational agencies will review and undertake steps 

18 to revise such laws, regulations, practices, or policies 

19 to ensure that homeless children and youths are af20 forded the same free, appropriate public education as 

21 is provided to other children and youths.’’; 

22 (2) in paragraph (3), by striking ‘‘alone’’; and 

23 (3) in paragraph (4), by striking ‘‘challenging 

24 State student academic achievement’’ and inserting 

25 ‘‘State academic’’. 

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1 SEC. 602. GRANTS FOR STATE AND LOCAL ACTIVITIES FOR 

2 THE EDUCATION OF HOMELESS CHILDREN 

3 AND YOUTHS. 

4 Section 722 of such Act (42 U.S.C. 11432) is amend5 ed— 

6 (1) in subsection (a), by striking ‘‘(g).’’ and in7 serting ‘‘(h).’’; 

8 (2) by striking subsection (b); 

9 (3) in subsection (c)— 

10 (A) in paragraph (1)(A)— 

11 (i) in clause (i), by adding ‘‘or’’ at the 

12 end; 

13 (ii) in clause (ii), by striking ‘‘; or’’ a 

14 the end and inserting a period; and 

15 (iii) by striking clause (iii); and 

16 (B) by striking paragraph (3); 

17 (4) in subsection (d)— 

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

19 by striking ‘‘Grants’’ and inserting ‘‘Grant funds 

20 from a grant made to a State’’; 

21 (B) by amending paragraph (2) to read as 

22 follows: 

23 ‘‘(2) To provide services and activities to im24 prove the identification of homeless children (includ25 ing preschool-aged homeless children and youths) that 

26 enable such children and youths to enroll in, attend, 

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1 and succeed in school, or, if appropriate, in preschool 

2 programs.’’; 

3 (C) in paragraph (3), by inserting before 

4 the period at the end the following: ‘‘that can 

5 sufficiently carry out the duties described in this 

6 subtitle’’; 

7 (D) by amending paragraph (5) to read as 

8 follows: 

9 ‘‘(5) To develop and implement professional de10 velopment programs for liaisons designated under 

11 subsection (g)(1)(J)(ii) and other local educational 

12 agency personnel— 

13 ‘‘(A) to improve their identification of 

14 homeless children and youths; and 

15 ‘‘(B) to heighten their awareness of, and ca16 pacity to respond to, specific needs in the edu17 cation of homeless children and youths.’’. 

18 (5) in subsection (e)— 

19 (A) in paragraph (1)— 

20 (i) by striking ‘‘sums’’ and inserting 

21 ‘‘grant funds’’; and 

22 (ii) by inserting ‘‘a State under sub23 section (a) to’’ after ‘‘each year to’’; 

24 (B) in paragraph (2), by striking ‘‘funds 

25 made available for State use under this subtitle’’ 

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1 and inserting ‘‘the grant funds remaining after 

2 the State educational agency distributes sub3 grants under paragraph (1)’’; and 

4 (C) in paragraph (3)— 

5 (i) in subparagraph (C)(iv)(II), by 

6 striking ‘‘sections 1111 and 1116’’ and in7 serting ‘‘section 1111’’; 

8 (ii) in subparagraph (F)— 

9 (I) in clause (i)— 

10 (aa) in the matter preceding 

11 subclause (I), by striking ‘‘a re12 port’’ and inserting ‘‘an annual 

13 report’’; 

14 (bb) by striking ‘‘and’’ at the 

15 end of subclause (II); 

16 (cc) by striking the period at 

17 the end of subclause (III) and in18 serting ‘‘; and’’; and 

19 (dd) by adding at the end the 

20 following: 

21 ‘‘(IV) the progress the separate 

22 schools are making in helping all stu23 dents meet the State academic stand24 ards.’’; and 

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1 (II) in clause (iii), by striking 

2 ‘‘Not later than 2 years after the date 

3 of enactment of the McKinney-Vento 

4 Homeless Education Assistance Im5 provements Act of 2001, the’’ and in6 serting ‘‘The’’; 

7 (6) by amending subsection (f) to read as follows: 

8 ‘‘(f) FUNCTIONS OF THE OFFICE OF COORDINATOR.— 

9 The Coordinator for Education of Homeless Children and 

10 Youths established in each State shall— 

11 ‘‘(1) gather and make publically available reli12 able, valid, and comprehensive information on— 

13 ‘‘(A) the number of homeless children and 

14 youths identified in the State, posted annually 

15 on the State educational agency’s website; 

16 ‘‘(B) the nature and extent of the problems 

17 homeless children and youths have in gaining ac18 cess to public preschool programs and to public 

19 elementary schools and secondary schools; 

20 ‘‘(C) the difficulties in identifying the spe21 cial needs and barriers to the participation and 

22 achievement of such children and youths; 

23 ‘‘(D) any progress made by the State edu24 cational agency and local educational agencies 

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1 in the State in addressing such problems and 

2 difficulties; and 

3 ‘‘(E) the success of the programs under this 

4 subtitle in identifying homeless children and 

5 youths and allowing such children and youths to 

6 enroll in, attend, and succeed in, school; 

7 ‘‘(2) develop and carry out the State plan de8 scribed in subsection (g); 

9 ‘‘(3) collect data for and transmit to the Sec10 retary, at such time and in such manner as the Sec11 retary may require, a report containing information 

12 necessary to assess the educational needs of homeless 

13 children and youths within the State, including data 

14 necessary for the Secretary to fulfill the responsibil15 ities under section 724(h); 

16 ‘‘(4) in order to improve the provision of com17 prehensive education and related support services to 

18 homeless children and youths and their families, co19 ordinate and collaborate with— 

20 ‘‘(A) educators, including teachers, special 

21 education personnel, administrators, and child 

22 development and preschool program personnel; 

23 ‘‘(B) providers of services to homeless chil24 dren and youths and their families, including 

25 services of public and private child welfare and 

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1 social services agencies, law enforcement agen2 cies, juvenile and family courts, agencies pro3 viding mental health services, domestic violence 

4 agencies, child care providers, runaway and 

5 homeless youth centers, and providers of services 

6 and programs funded under the Runaway and 

7 Homeless Youth Act (42 U.S.C. 5701 et seq.); 

8 ‘‘(C) providers of emergency, transitional, 

9 and permanent housing to homeless children and 

10 youths, and their families, including public 

11 housing agencies, shelter operators, operators of 

12 transitional housing facilities, and providers of 

13 transitional living programs for homeless youths; 

14 ‘‘(D) local educational agency liaisons des15 ignated under subsection (g)(1)(J)(ii) for home16 less children and youths; and 

17 ‘‘(E) community organizations and groups 

18 representing homeless children and youths and 

19 their families; 

20 ‘‘(5) provide technical assistance to local edu21 cational agencies, in coordination with local edu22 cational agency liaisons designated under subsection 

23 (g)(1)(J)(ii), to ensure that local educational agencies 

24 comply with the requirements of subsection (e)(3), 

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1 paragraphs (3) through (7) of subsection (g), and sub2 section (h); 

3 ‘‘(6) provide professional development opportuni4 ties for local educational agency personnel and the 

5 homeless liaison designated under subsection 

6 (g)(1)(J)(ii) to assist such personnel in meeting the 

7 needs of homeless children and youths; and 

8 ‘‘(7) respond to inquiries from parents and 

9 guardians of homeless children and youths and unac10 companied youths to ensure that each child or youth 

11 who is the subject of such an inquiry receives the full 

12 protections and services provided by this subtitle.’’; 

13 (7) by amending subsection (g) to read as fol14 lows: 

15 ‘‘(g) STATE PLAN.— 

16 ‘‘(1) IN GENERAL.—In order to be eligible to re17 ceive a grant under this section, each State edu18 cational agency shall submit to the Secretary a plan 

19 to provide for the education of homeless children and 

20 youths within the State that includes the following: 

21 ‘‘(A) A description of how such children and 

22 youths are (or will be) given the opportunity to 

23 meet the same State academic standards that all 

24 students are expected to meet. 

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1 ‘‘(B) A description of the procedures the 

2 State educational agency will use to identify 

3 such children and youths in the State and to as4 sess their needs. 

5 ‘‘(C) A description of procedures for the 

6 prompt resolution of disputes regarding the edu7 cational placement of homeless children and 

8 youths. 

9 ‘‘(D) A description of programs for school 

10 personnel (including liaisons, school leaders, at11 tendance officers, teachers, enrollment personnel, 

12 and specialized instructional support personnel) 

13 to heighten the awareness of such personnel of the 

14 specific needs of homeless adolescents, including 

15 runaway and homeless youths. 

16 ‘‘(E) A description of procedures that ensure 

17 that homeless children and youths who meet the 

18 relevant eligibility criteria are able to partici19 pate in Federal, State, or local nutrition pro20 grams. 

21 ‘‘(F) A description of procedures that ensure 

22 that— 

23 ‘‘(i) homeless children have equal ac24 cess to public preschool programs, adminis25 tered by the State educational agency or 

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1 local educational agency, as provided to 

2 other children in the State; 

3 ‘‘(ii) homeless youths and youths sepa4 rated from public schools are identified and 

5 accorded equal access to appropriate sec6 ondary education and support services; and 

7 ‘‘(iii) homeless children and youth who 

8 meet the relevant eligibility criteria are able 

9 to participate in Federal, State, or local 

10 education programs. 

11 ‘‘(G) Strategies to address problems identi12 fied in the report provided to the Secretary 

13 under subsection (f)(3). 

14 ‘‘(H) Strategies to address other problems 

15 with respect to the education of homeless children 

16 and youths, including problems resulting from 

17 enrollment delays that are caused by— 

18 ‘‘(i) immunization and other health 

19 records requirements; 

20 ‘‘(ii) residency requirements; 

21 ‘‘(iii) lack of birth certificates, school 

22 records, or other documentation; 

23 ‘‘(iv) guardianship issues; or 

24 ‘‘(v) uniform or dress code require25 ments. 

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1 ‘‘(I) A demonstration that the State edu2 cational agency and local educational agencies 

3 in the State have developed, and shall review 

4 and revise, polices to remove barriers to the iden5 tification, enrollment, and retention of homeless 

6 children and youths in schools in the State. 

7 ‘‘(J) Assurances that the following will be 

8 carried out: 

9 ‘‘(i) The State educational agency and 

10 local educational agencies in the State will 

11 adopt policies and practices to ensure that 

12 homeless children and youths are not stig13 matized or segregated on the basis of their 

14 status as homeless. 

15 ‘‘(ii) Local educational agencies will 

16 designate an appropriate staff person, who 

17 may also be a coordinator for other Federal 

18 programs, as a local educational agency li19 aison for homeless children and youths, to 

20 carry out the duties described in paragraph 

21 (6)(A). 

22 ‘‘(iii) The State and its local edu23 cational agencies will adopt policies and 

24 practices to ensure that transportation is 

25 provided, at the request of the parent or 

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1 guardian (or in the case of an unaccom2 panied youth, the liaison), to and from the 

3 school of origin, as determined in para4 graph (3)(A), in accordance with the fol5 lowing, as applicable: 

6 ‘‘(I) If the child or youth con7 tinues to live in the area served by the 

8 local educational agency in which the 

9 school of origin is located, the child’s or 

10 youth’s transportation to and from the 

11 school of origin shall be provided or ar12 ranged by the local educational agency 

13 in which the school of origin is located. 

14 ‘‘(II) If the child’s or youth’s liv15 ing arrangements in the area served by 

16 the local educational agency of origin 

17 terminate and the child or youth, 

18 though continuing his or her education 

19 in the school of origin, begins living in 

20 an area served by another local edu21 cational agency, the local educational 

22 agency of origin and the local edu23 cational agency in which the child or 

24 youth is living shall agree upon a 

25 method to apportion the responsibility 

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1 and costs for providing the child with 

2 transportation to and from the school 

3 of origin. If the local educational agen4 cies are unable to agree upon such 

5 method, the responsibility and costs for 

6 transportation shall be shared equally. 

7 ‘‘(2) COMPLIANCE.— 

8 ‘‘(A) IN GENERAL.—Each plan adopted 

9 under this subsection shall also describe how the 

10 State will ensure that local educational agencies 

11 in the State will comply with the requirements 

12 of paragraphs (3) through (7). 

13 ‘‘(B) COORDINATION.—Such plan shall in14 dicate what technical assistance the State will 

15 furnish to local educational agencies and how 

16 compliance efforts will be coordinated with the 

17 local educational agency liaisons designated 

18 under paragraph (1)(J)(ii). 

19 ‘‘(3) LOCAL EDUCATIONAL AGENCY REQUIRE20 MENTS.— 

21 ‘‘(A) IN GENERAL.—The local educational 

22 agency serving each child or youth to be assisted 

23 under this subtitle shall, according to the child’s 

24 or youth’s best interest— 

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1 ‘‘(i) continue the child’s or youth’s edu2 cation in the school of origin for the dura3 tion of homelessness— 

4 ‘‘(I) in any case in which a fam5 ily becomes homeless between academic 

6 years or during an academic year; or 

7 ‘‘(II) for the remainder of the aca8 demic year, if the child or youth be9 comes permanently housed during an 

10 academic year; or 

11 ‘‘(ii) enroll the child or youth in any 

12 public school that nonhomeless students who 

13 live in the attendance area in which the 

14 child or youth is actually living are eligible 

15 to attend. 

16 ‘‘(B) SCHOOL STABILITY.—In determining 

17 the best interest of the child or youth under sub18 paragraph (A), the local educational agency 

19 shall— 

20 ‘‘(i) presume that keeping the child or 

21 youth in the school of origin is in the child 

22 or youth’s best interest, except when doing 

23 so is contrary to the wishes of the child’s or 

24 youth’s parent or guardian, or the unac25 companied youth; 

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1 ‘‘(ii) consider student-centered factors 

2 related to the child’s or youth’s best interest, 

3 including factors related to the impact of 

4 mobility on achievement, education, health, 

5 and safety of homeless children and youth, 

6 giving priority to the wishes of the homeless 

7 child’s or youth’s parent of guardian or the 

8 unaccompanied youth involved; 

9 ‘‘(iii) if, after conducting the best in10 terest determination based on consideration 

11 of the presumption in clause (i) and the 

12 student-centered factors in clause (ii), the 

13 local educational agency determines that it 

14 is not in the child’s or youth’s best interest 

15 to attend the school of origin or the school 

16 requested by the parent, guardian, or unac17 companied youth, provide the child’s or 

18 youth’s parent or guardian or the unaccom19 panied youth with a written explanation of 

20 the reasons for its determination, in a man21 ner and form understandable to such par22 ent, guardian, or unaccompanied youth, in23 cluding information regarding the right to 

24 appeal under subparagraph (E); and 

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1 ‘‘(iv) in the case of an unaccompanied 

2 youth, ensure that the homeless liaison des3 ignated under paragraph (1)(J)(ii) assists 

4 in placement or enrollment decisions under 

5 this subparagraph, gives priority to the 

6 views of such unaccompanied youth, and 

7 provides notice to such youth of the right to 

8 appeal under subparagraph (E). 

9 ‘‘(C) ENROLLMENT.— 

10 ‘‘(i) IN GENERAL.—The school selected 

11 in accordance with this paragraph shall im12 mediately enroll the homeless child or youth, 

13 even if the child or youth— 

14 ‘‘(I) is unable to produce records 

15 normally required for enrollment, such 

16 as previous academic records, records 

17 of immunization and other required 

18 health records, proof of residency, or 

19 other documentation; or 

20 ‘‘(II) has missed application or 

21 enrollment deadlines during any pe22 riod of homelessness. 

23 ‘‘(ii) RELEVANT ACADEMIC

24 RECORDS.—The enrolling school shall im25 mediately contact the school last attended 

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1 by the child or youth to obtain relevant aca2 demic and other records. 

3 ‘‘(iii) RELEVANT HEALTH RECORDS.— 

4 If the child or youth needs to obtain immu5 nizations or other required health records, 

6 the enrolling school shall immediately refer 

7 the parent or guardian of the child or 

8 youth, or the unaccompanied child or youth, 

9 to the local educational agency liaison des10 ignated under paragraph (1)(J)(ii), who 

11 shall assist in obtaining necessary immuni12 zations or screenings, or immunization or 

13 other required health records, in accordance 

14 with subparagraph (D). 

15 ‘‘(iv) NO LIABILITY.—Whenever the 

16 school selected enrolls an unaccompanied 

17 youth in accordance with this paragraph, 

18 no liability shall be imposed upon the school 

19 by reason of enrolling the youth without 

20 parent or guardian consent. 

21 ‘‘(D) RECORDS.—Any record ordinarily 

22 kept by the school, including immunization or 

23 other required health records, academic records, 

24 birth certificates, guardianship records, and 

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1 garding each homeless child or youth shall be 

2 maintained— 

3 ‘‘(i) so that the records involved are 

4 available, in a timely fashion, when a child 

5 or youth enters a new school or school dis6 trict; and 

7 ‘‘(ii) in a manner consistent with sec8 tion 444 of the General Education Provi9 sions Act (20 U.S.C. 1232g). 

10 ‘‘(E) ENROLLMENT DISPUTES.—If a dispute 

11 arises over school selection or enrollment in a 

12 school— 

13 ‘‘(i) the child or youth shall be imme14 diately enrolled in the school in which en15 rollment is sought, pending final resolution 

16 of the dispute, including all available ap17 peals; 

18 ‘‘(ii) the parent, guardian, or unac19 companied youth shall be provided with a 

20 written explanation of any decisions made 

21 by the school, the local educational agency, 

22 or the State educational agency involved, 

23 including the rights of the parent, guardian, 

24 or youth to appeal such decisions; 

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1 ‘‘(iii) the parent, guardian, or unac2 companied youth shall be referred to the 

3 local educational agency liaison designated 

4 under paragraph (1)(J)(ii), who shall carry 

5 out the dispute resolution process as de6 scribed in paragraph (1)(C) as expedi7 tiously as possible after receiving notice of 

8 the dispute; and 

9 ‘‘(iv) in the case of an unaccompanied 

10 youth, the liaison shall ensure that the 

11 youth is immediately enrolled in school in 

12 which the youth seeks enrollment pending 

13 resolution of such dispute. 

14 ‘‘(F) PLACEMENT CHOICE.—The choice re15 garding placement shall be made regardless of 

16 whether the child or youth lives with the home17 less parents or has been temporarily placed else18 where. 

19 ‘‘(G) SCHOOL OF ORIGIN DEFINED.— 

20 ‘‘(i) IN GENERAL.—In this paragraph, 

21 the term ‘school of origin’ means the school 

22 that a child or youth attended when perma23 nently housed or the school in which the 

24 child or youth was last enrolled. 

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1 ‘‘(ii) RECEIVING SCHOOL.—When the 

2 child or youth completes the final grade 

3 level served by the school of origin, as de4 scribed in clause (i), the term ‘‘school of ori5 gin’’ shall include the designated receiving 

6 school at the next grade level for all feeder 

7 schools. 

8 ‘‘(H) CONTACT INFORMATION.—Nothing in 

9 this subtitle shall prohibit a local educational 

10 agency from requiring a parent or guardian of 

11 a homeless child to submit contact information. 

12 ‘‘(I) PRIVACY.—Information about a home13 less child’s or youth’s living situation shall be 

14 treated as a student education record under sec15 tion 444 of the General Education Provisions 

16 Act (20 U.S.C. 1232g) and shall not be released 

17 to housing providers, employers, law enforcement 

18 personnel, or other persons or agencies not au19 thorized to have such information under section 

20 99.31 of title 34, Code of Federal Regulations. 

21 ‘‘(J) ACADEMIC ACHIEVEMENT.—The school 

22 selected in accordance with this paragraph shall 

23 ensure that homeless children and youth have op24 portunities to meet the same State academic 

25 standards to which other students are held. 

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1 ‘‘(4) COMPARABLE SERVICES.—Each homeless 

2 child or youth to be assisted under this subtitle shall 

3 be provided services comparable to services offered to 

4 other students in the school selected under paragraph 

5 (3), including the following: 

6 ‘‘(A) Transportation services. 

7 ‘‘(B) Educational services for which the 

8 child or youth meets the eligibility criteria, such 

9 as services provided under title I of the Elemen10 tary and Secondary Education Act of 1965 (20 

11 U.S.C. 6301 et seq.) or similar State or local 

12 programs, educational programs for children 

13 with disabilities, and educational programs for 

14 English learners. 

15 ‘‘(C) Programs in career and technical edu16 cation. 

17 ‘‘(D) Programs for gifted and talented stu18 dents. 

19 ‘‘(E) School nutrition programs. 

20 ‘‘(5) COORDINATION.— 

21 ‘‘(A) IN GENERAL.—Each local educational 

22 agency serving homeless children and youths that 

23 receives assistance under this subtitle shall co24 ordinate— 

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1 ‘‘(i) the provision of services under this 

2 subtitle with local social services agencies 

3 and other agencies or entities providing 

4 services to homeless children and youths and 

5 their families, including services and pro6 grams funded under the Runaway and 

7 Homeless Youth Act (42 U.S.C. 5701 et 

8 seq.); and 

9 ‘‘(ii) transportation, transfer of school 

10 records, and other interdistrict activities, 

11 with other local educational agencies. 

12 ‘‘(B) HOUSING ASSISTANCE.—If applicable, 

13 each State educational agency and local edu14 cational agency that receives assistance under 

15 this subtitle shall coordinate with State and local 

16 housing agencies responsible for developing the 

17 comprehensive housing affordability strategy de18 scribed in section 105 of the Cranston-Gonzalez 

19 National Affordable Housing Act (42 U.S.C. 

20 12705) to minimize educational disruption for 

21 children and youths who become homeless. 

22 ‘‘(C) COORDINATION PURPOSE.—The coordi23 nation required under subparagraphs (A) and 

24 (B) shall be designed to— 

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1 ‘‘(i) ensure that all homeless children 

2 and youths are promptly identified; 

3 ‘‘(ii) ensure that homeless children and 

4 youths have access to, and are in reasonable 

5 proximity to, available education and re6 lated support services; and 

7 ‘‘(iii) raise the awareness of school per8 sonnel and service providers of the effects of 

9 short-term stays in a shelter and other chal10 lenges associated with homelessness. 

11 ‘‘(D) HOMELESS CHILDREN AND YOUTHS

12 WITH DISABILITIES.—For children and youth 

13 who are to be assisted both under this subtitle, 

14 and under the Individuals with Disabilities 

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

16 504 of the Rehabilitation Act of 1973 (29 U.S.C. 

17 794), each local educational agency shall coordi18 nate the provision of services under this subtitle 

19 with the provision of programs for children with 

20 disabilities served by that local educational agen21 cy and other involved local educational agencies. 

22 ‘‘(6) LOCAL EDUCATIONAL AGENCY LIAISON.— 

23 ‘‘(A) DUTIES.—Each local educational 

24 agency liaison for homeless children and youths, 

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1 designated under paragraph (1)(J)(ii), shall en2 sure that— 

3 ‘‘(i) homeless children and youths are 

4 identified by school personnel through out5 reach and coordination activities with other 

6 entities and agencies; 

7 ‘‘(ii) homeless children and youths are 

8 enrolled in, and have a full and equal op9 portunity to succeed in, schools of that local 

10 educational agency; 

11 ‘‘(iii) homeless families, children, and 

12 youths have access to and receive edu13 cational services for which such families, 

14 children, and youths are eligible, including 

15 services through Head Start, Early Head 

16 Start, early intervention, and preschool pro17 grams administered by the local educational 

18 agency; 

19 ‘‘(iv) homeless families, children, and 

20 youths receive referrals to health care serv21 ices, dental services, mental health and sub22 stances abuse services, housing services, and 

23 other appropriate services; 

24 ‘‘(v) the parents or guardians of home25 less children and youths are informed of the 

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1 educational and related opportunities avail2 able to their children and are provided with 

3 meaningful opportunities to participate in 

4 the education of their children; 

5 ‘‘(vi) public notice of the educational 

6 rights of homeless children and youths is 

7 disseminated in locations frequented by par8 ents or guardians of such children and 

9 youths, and unaccompanied youths, includ10 ing schools, shelters, public libraries, and 

11 soup kitchens in a manner and form under12 standable to the parents and guardians of 

13 homeless children and youths, and unac14 companied youths; 

15 ‘‘(vii) enrollment disputes are mediated 

16 in accordance with paragraph (3)(E); 

17 ‘‘(viii) the parent or guardian of a 

18 homeless child or youth, and any unaccom19 panied youth, is fully informed of all trans20 portation services, including transportation 

21 to the school of origin, as described in para22 graph (1)(J)(iii), and is assisted in access23 ing transportation to the school that is se24 lected under paragraph (3)(A); 

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1 ‘‘(ix) school personnel providing serv2 ices under this subtitle receive professional 

3 development and other support; and 

4 ‘‘(x) unaccompanied youths— 

5 ‘‘(I) are enrolled in school; 

6 ‘‘(II) have opportunities to meet 

7 the same State academic standards to 

8 which other students are held, includ9 ing through implementation of the 

10 policies and practices required by 

11 paragraph (1)(F)(ii); and 

12 ‘‘(III) are informed of their status 

13 as independent students under section 

14 480 of the Higher Education Act of 

15 1965 (20 U.S.C. 1087vv) and receive 

16 verification of such status for purposes 

17 of the Free Application for Federal 

18 Student Aid described in section 483 of 

19 such Act (20 U.S.C. 1090). 

20 ‘‘(B) NOTICE.—State coordinators estab21 lished under subsection (d)(3) and local edu22 cational agencies shall inform school personnel, 

23 service providers, advocates working with home24 less families, parents and guardians of homeless 

25 children and youths, and homeless children and 

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1 youths of the duties of the local educational agen2 cy liaisons, including publishing an annually 

3 updated list of the liaisons on the State edu4 cational agency’s website. 

5 ‘‘(C) LOCAL AND STATE COORDINATION.— 

6 Local educational agency liaisons for homeless 

7 children and youths shall, as a part of their du8 ties, coordinate and collaborate with State coor9 dinators and community and school personnel 

10 responsible for the provision of education and re11 lated services to homeless children and youths. 

12 Such coordination shall include collecting and 

13 providing to the State Coordinator the reliable, 

14 valid, and comprehensive data needed to meet 

15 the requirements of paragraphs (1) and (3) of 

16 subsection (f). 

17 ‘‘(7) REVIEW AND REVISIONS.— 

18 ‘‘(A) IN GENERAL.—Each State educational 

19 agency and local educational agency that re20 ceives assistance under this subtitle shall review 

21 and revise any policies that may act as barriers 

22 to the enrollment of homeless children and youths 

23 in schools that are selected under paragraph (3). 

24 ‘‘(B) CONSIDERATION.—In reviewing and 

25 revising such policies, consideration shall be 

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1 given to issues concerning transportation, immu2 nization, residency, birth certificates, school 

3 records and other documentation, and guardian4 ship. 

5 ‘‘(C) SPECIAL ATTENTION.—Special atten6 tion shall be given to ensuring the enrollment 

7 and attendance of homeless children and youths 

8 who are not currently attending school.’’; and 

9 (8) in subsection (h)(1)(A), by striking ‘‘fiscal 

10 year 2009,’’ and inserting ‘‘fiscal years 2013 through 

11 2018,’’. 

12 SEC. 603. LOCAL EDUCATIONAL AGENCY SUBGRANTS FOR 

13 THE EDUCATION OF HOMELESS CHILDREN 

14 AND YOUTHS. 

15 Section 723 of such Act (42 U.S.C. 11433) is amend16 ed— 

17 (1) in subsection (a)— 

18 (A) in paragraph (1), by striking ‘‘facili19 tating the enrollment,’’ and inserting ‘‘facili20 tating the identification, enrollment,’’; 

21 (B) in paragraph (2)(A)— 

22 (i) by adding ‘‘and’’ at the end of 

23 clause (i); 

24 (ii) by striking ‘‘; and’’ and inserting 

25 a period at the end of clause (ii); and 

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1 (iii) by striking clause (iii); and 

2 (C) by adding at the end the following: 

3 ‘‘(4) DURATION OF GRANTS.—Subgrants award4 ed under this section shall be for terms of not to ex5 ceed 3 years.’’; 

6 (2) in subsection (b)— 

7 (A) by striking paragraph (3) and redesig8 nating paragraphs (4) and (5) as paragraphs 

9 (3) and (4), respectively; and 

10 (B) by adding at the end the following: 

11 ‘‘(5) An assurance that the local educational 

12 agency will collect and promptly provide data re13 quested by the State Coordinator pursuant to para14 graphs (1) and (3) of section 722(f). 

15 ‘‘(6) An assurance that the local educational 

16 agency has removed barriers to complying with the 

17 requirements of section 722(g)(1)(I).’’; 

18 (3) in subsection (c)— 

19 (A) in paragraph (1), by striking ‘‘726’’ 

20 and inserting ‘‘722(a)’’; 

21 (B) in paragraph (2)— 

22 (i) in subparagraph (A), by inserting 

23 ‘‘identification,’’ before ‘‘enrollment’’; 

24 (ii) by amending subparagraph (B) to 

25 read as follows: 

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1 ‘‘(B) The extent to which the application re2 flects coordination with other local and State 

3 agencies that serve homeless children and 

4 youths.’’; and 

5 (iii) in subparagraph (C), by inserting 

6 ‘‘(as of the date of submission of the appli7 cation)’’ after ‘‘current practice’’; 

8 (C) in paragraph (3)— 

9 (i) by amending subparagraph (C) to 

10 read as follows: 

11 ‘‘(C) The extent to which the applicant will 

12 promote meaningful involvement of parents or 

13 guardians of homeless children or youths in the 

14 education of their children.’’; 

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

16 ‘‘within’’ and inserting ‘‘into’’; 

17 (iii) in subparagraph (G)— 

18 (I) by striking ‘‘Such’’ and insert19 ing ‘‘The extent to which the appli20 cant’s program meets such’’; and 

21 (II) by striking ‘‘case manage22 ment or related’’; 

23 (iv) by redesignating subparagraph 

24 (G) as subparagraph (I) and inserting after 

25 subparagraph (F) the following: 

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1 ‘‘(G) The extent to which the local edu2 cational agency will use the subgrant to leverage 

3 resources, including by maximizing nonsubgrant 

4 funding for the position of the liaison described 

5 in section 722(g)(1)(J)(ii) and the provision of 

6 transportation. 

7 ‘‘(H) How the local educational agency uses 

8 funds to serve homeless children and youths 

9 under section 1113(c)(3) of the Elementary and 

10 Secondary Education Act of 1965 (20 U.S.C. 

11 6313(c)(3)).’’; and 

12 (v) by adding at the end the following: 

13 ‘‘(J) An assurance that the applicant will 

14 meet the requirements of section 722(g)(3).’’; and 

15 (D) by striking paragraph (4). 

16 (4) in subsection (d)— 

17 (A) in paragraph (1)— 

18 (i) by striking ‘‘challenging State aca19 demic content standards’’ and inserting 

20 ‘‘State academic standards’’; and 

21 (ii) by striking ‘‘and challenging State 

22 student academic achievement standards’’; 

23 (B) in paragraph (2)— 

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1 (i) by striking ‘‘students with limited 

2 English proficiency,’’ and inserting 

3 ‘‘English learners,’’ ; and 

4 (ii) by striking ‘‘vocational’’ and in5 serting ‘‘career’’; 

6 (C) in paragraph (3), by striking ‘‘pupil 

7 services’’ and inserting ‘‘specialized instructional 

8 support’’; 

9 (D) in paragraph (7), by striking ‘‘, and 

10 unaccompanied youths,’’ and inserting ‘‘, par11 ticularly homeless children and youths who are 

12 not enrolled in school,’’; 

13 (E) in paragraph (9) by striking ‘‘medical’’ 

14 and inserting ‘‘other required health’’; 

15 (F) in paragraph (10), by inserting before 

16 the period at the end ‘‘, and other activities de17 signed to increase the meaningful involvement of 

18 parents or guardians of homeless children or 

19 youths in the education of their children’’; 

20 (G) in paragraph (12), by striking ‘‘pupil’’ 

21 and inserting ‘‘specialized instructional sup22 port’’; and 

23 (H) in paragraph (13), by inserting before 

24 the period at the end ‘‘and parental mental 

25 health or substance abuse problems’’. 

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1 SEC. 604. SECRETARIAL RESPONSIBILITIES. 

2 Section 724 of such Act (42 U.S.C. 11434) is amend3 ed— 

4 (1) by amending subsection (c) to read as fol5 lows: 

6 ‘‘(c) NOTICE.— 

7 ‘‘(1) IN GENERAL.—The Secretary shall, before 

8 the next school year that begins after the date of the 

9 enactment of the Encouraging Innovation and Effec10 tive Teachers Act, update and disseminate nationwide 

11 the public notice described in this subsection (as in ef12 fect prior to such date) of the educational rights of 

13 homeless children and youths. 

14 ‘‘(2) DISSEMINATION.—The Secretary shall dis15 seminate the notice nationally to all Federal agencies, 

16 program grantees, and grant recipients serving home17 less families, children, and youths.’’; 

18 (2) in subsection (d), by striking ‘‘and dissemi19 nation’’ and inserting ‘‘, dissemination, and technical 

20 assistance’’; 

21 (3) in subsection (e)— 

22 (A) by striking ‘‘this subtitle’’ and inserting 

23 ‘‘section 722’’; 

24 (B) by striking ‘‘60-day’’ and inserting 

25 ‘‘120-day’’; and 

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1 (C) by striking ‘‘120-day’’ and inserting 

2 ‘‘180-day’’; 

3 (4) in subsection (f), by adding at the end the 

4 following: ‘‘The Secretary shall provide support and 

5 technical assistance to State educational agencies in 

6 areas in which barriers to a free appropriate public 

7 education persist.’’; 

8 (5) by amending subsection (g) to read as fol9 lows: 

10 ‘‘(g) GUIDELINES.—The Secretary shall develop, issue, 

11 and publish in the Federal Register, not later than 60 days 

12 after the date of the enactment of the Encouraging Innova13 tion and Effective Teachers Act, strategies by which a 

14 State— 

15 ‘‘(1) may assist local educational agencies to im16 plement the provisions amended by the Act; and 

17 ‘‘(2) can review and revise State policies and 

18 procedures that may present barriers to the identi19 fication, enrollment, attendance, and success of home20 less children and youths in school.’’; 

21 (6) in subsection (h)(1)(A), by inserting ‘‘in all 

22 areas served by local educational agencies’’ before the 

23 semicolon at the end; and 

24 (7) in subsection (i), by striking ‘‘McKinney25 Vento Homeless Education Assistance Improvements 

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1 Act of 2001’’ and inserting ‘‘Encouraging Innovation 

2 and Effective Teachers Act’’. 

3 SEC. 605. DEFINITIONS. 

4 Section 725 of such Act (42 U.S.C. 11434a) is amend5 ed— 

6 (1) in paragraph (2)(B)(iv), by striking ‘‘1309’’ 

7 and inserting ‘‘1139’’ and 

8 (2) in paragraph (3), by striking ‘‘9101’’ and in9 serting ‘‘5101’’ 

10 SEC. 606. AUTHORIZATION OF APPROPRIATIONS. 

11 Section 726 of such Act (42 U.S.C. 11435) is amended 

12 to read as follows: 

13 ‘‘SEC. 726. AUTHORIZATION OF APPROPRIATIONS. 

14 ‘‘(a) IN GENERAL.—For the purpose of carrying out 

15 this subtitle, there are authorized to be appropriated 

16 $65,173,000 for fiscal year 2013. 

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

19 through 2018 by a percentage equal to the percentage of in20 flation according to the Consumer Price Index, for the cal21 endar year ending prior to the beginning of that fiscal 

22 year.’’. 

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Union Calendar No. 321 

112TH CONGRESS 

2D SESSION H. R. 3990 

[Report No. 112–459, Part I] 

A BILL 

To encourage effective teachers in the classrooms of 

grams in our Nation’s schools. the United States and innovative education proAPRIL 27, 2012 

Reported from the Committee on Education and the 

Workforce with an amendment 

APRIL 27, 2012 

The Committees on Armed Services and Financial Servto be printed Whole House on the State of the Union and ordered ices discharged; committed to the Committee of the 

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