I 

112TH CONGRESS 

2D SESSION H. R. 3990 

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 

A BILL 

To encourage effective teachers in the classrooms of the 

United States and innovative education programs in our 

Nation’s schools. 

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 Innova5 tion and Effective Teachers Act’’. 

6 SEC. 2. TABLE OF CONTENTS. 

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

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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. 

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 

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1 of an amendment to, or repeal of, a section or other provi2 sion, the reference shall be considered to be made to a 

3 section or other provision of the Elementary and Sec4 ondary Education Act of 1965 (20 U.S.C. 6301 et seq.). 

5 SEC. 4. TRANSITION. 

6 Unless otherwise provided in this Act, any person or 

7 agency that was awarded a grant under the Elementary 

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

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

10 continue to receive funds in accordance with the terms of 

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

12 continue more than one year after the date of the enact13 ment of this Act. 

14 SEC. 5. EFFECTIVE DATES. 

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

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

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

18 (b) NONCOMPETITIVE PROGRAMS.—With respect to 

19 noncompetitive programs under which any funds are allot20 ted by the Secretary of Education to recipients on the 

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

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

23 (c) COMPETITIVE PROGRAMS.—With respect to pro24 grams that are conducted by the Secretary on a competi25 tive basis, this Act, and the amendments made by this Act, 

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1 shall take effect with respect to appropriations for use 

2 under those programs for fiscal year 2013. 

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

4 (20 U.S.C. 7701 et seq.) (Impact Aid), this Act, and the 

5 amendments made by this Act, shall take effect with re6 spect to appropriations for use under that title for fiscal 

7 year 2013. 

8 SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 

9 The Act (20 U.S.C. 6301 et seq.) is amended by in10 serting after section 2 the following: 

11 ‘‘SEC. 3. AUTHORIZATIONS OF APPROPRIATIONS. 

12 ‘‘(a) TITLE II.—There are authorized to be appro13 priated to carry out title II $2,988,070,000 for fiscal year 

14 2013. 

15 ‘‘(b) TITLE III.— 

16 ‘‘(1) PART A.— 

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

18 be appropriated to carry out subpart 1 of part 

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

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

21 be appropriated to carry out subpart 2 of part 

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

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

24 be appropriated to carry out subpart 3 of part 

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

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1 ‘‘(2) PART B.—There are authorized to be ap2 propriated to carry out part B of title III 

3 $2,677,476,000 for fiscal year 2013. 

4 ‘‘(c) TITLE IV.— 

5 ‘‘(1) PAYMENTS FOR FEDERAL ACQUISITION OF

6 REAL PROPERTY.—For the purpose of making pay7 ments under section 4002, there are authorized to 

8 be appropriated $66,947,000 for fiscal year 2013. 

9 ‘‘(2) BASIC PAYMENTS; PAYMENTS FOR HEAV10 ILY IMPACTED LOCAL EDUCATIONAL AGENCIES.— 

11 For the purpose of making payments under section 

12 4003(b), there are authorized to be appropriated 

13 $1,153,540,000 for fiscal year 2013. 

14 ‘‘(3) PAYMENTS FOR CHILDREN WITH DISABIL15 ITIES.—For the purpose of making payments under 

16 section 4003(d), there are authorized to be appro17 priated $48,413,000 for fiscal year 2013. 

18 ‘‘(4) CONSTRUCTION.—For the purpose of car19 rying out section 4007, there are authorized to be 

20 appropriated $17,441,000 for fiscal year 2013. 

21 ‘‘(5) FACILITIES MAINTENANCE.—For the pur22 pose of carrying out section 4008, there are author23 ized to be appropriated $4,845,000 for fiscal year 

24 2013. 

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1 ‘‘(d) OUT YEARS.—The amounts authorized in sub2 sections (a), (b), and (c) shall be increased for each of 

3 fiscal years 2014 through 2018 by a percentage equal to 

4 the percentage of inflation according to the Consumer 

5 Price Index, for the calendar year ending prior to the be6 ginning of that fiscal year.’’. 

7 TITLE I—TEACHER PREPARA8 TION AND EFFECTIVENESS 

9 SEC. 101. TEACHER PREPARATION AND EFFECTIVENESS. 

10 (a) HEADING.—The heading for title II is amended 

11 to read as follows: 

12 ‘‘TITLE II—TEACHER PREPARA13 TION AND EFFECTIVENESS’’. 

14 (b) PART A.—Part A of Title II (20 U.S.C. 6601 

15 et seq.) is amended to read as follows: 

16 ‘‘PART A—SUPPORTING EFFECTIVE INSTRUCTION

17 ‘‘SEC. 2101. PURPOSE. 

18 ‘‘The purpose of this part is to provide grants to 

19 State educational agencies and subgrants to local edu20 cational agencies to— 

21 ‘‘(1) increase student achievement consistent 

22 with State academic standards under section 1111; 

23 ‘‘(2) improve teacher and school leader effec24 tiveness; 

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1 ‘‘(3) provide evidence-based, continuous, job2 embedded professional development; and 

3 ‘‘(4) develop and implement teacher evaluation 

4 systems to link teacher performance with student 

5 achievement to determine teacher effectiveness. 

6 ‘‘SUBPART 1—GRANTS TO STATES

7 ‘‘SEC. 2111. ALLOTMENTS TO STATES. 

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

9 under section 3(a), the Secretary shall reserve 82 percent 

10 to make grants to States with applications approved under 

11 section 2112 to pay for the Federal share of the cost of 

12 carrying out the activities specified in section 2113. Each 

13 grant shall consist of the allotment determined for a State 

14 under subsection (b). 

15 ‘‘(b) DETERMINATION OF ALLOTMENTS.— 

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

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

18 Secretary shall reserve— 

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

20 national activities under section 2132; 

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

22 to outlying areas on the basis of their relative 

23 need, as determined by the Secretary, in ac24 cordance with the purpose of this part; and 

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1 ‘‘(C) one-half of 1 percent for the Sec2 retary of the Interior for programs under this 

3 part in schools operated or funded by the Bu4 reau of Indian Education. 

5 ‘‘(2) STATE ALLOTMENTS.— 

6 ‘‘(A) IN GENERAL.—Subject to subpara7 graph (B), from the funds reserved under sub8 section (a) for any fiscal year and not reserved 

9 under paragraph (1), the Secretary shall allot 

10 to each State the sum of— 

11 ‘‘(i) an amount that bears the same 

12 relationship to 50 percent of the funds as 

13 the number of individuals age 5 through 

14 17 in the State, as determined by the Sec15 retary on the basis of the most recent sat16 isfactory data, bears to the number of 

17 those individuals in all such States, as so 

18 determined; and 

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

20 relationship to 50 percent of the funds as 

21 the number of individuals age 5 through 

22 17 from families with incomes below the 

23 poverty line in the State, as determined by 

24 the Secretary on the basis of the most re25 cent satisfactory data, bears to the number 

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1 of those individuals in all such States, as 

2 so determined. 

3 ‘‘(B) SMALL STATE MINIMUM.—No State 

4 receiving an allotment under subparagraph (A) 

5 may receive less than one-half of 1 percent of 

6 the total amount of funds allotted under such 

7 subparagraph for a fiscal year. 

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

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

10 through (5), if a State does not apply to the Sec11 retary for an allotment under this section, a local 

12 educational agency located in such State may apply 

13 to the Secretary for a portion of the funds that 

14 would have been allotted to the State had such State 

15 applied for an allotment under this section to carry 

16 out the activities under this part. 

17 ‘‘(2) APPLICATION.—In order to receive an al18 lotment under paragraph (1), a local educational 

19 agency shall submit to the Secretary an application 

20 at such time, in such manner, and containing the in21 formation described in section 2122. 

22 ‘‘(3) USE OF FUNDS.—A local educational 

23 agency receiving an allotment under paragraph 

24 (1)— 

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

2 activities described in section 2123(1); and 

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

4 activities described in section 2123(2). 

5 ‘‘(4) REPORTING REQUIREMENTS.—A local edu6 cational agency receiving an allotment under para7 graph (1) shall carry out the reporting requirements 

8 described in section 2131(a), except that annual re9 ports shall be submitted to the Secretary and not a 

10 State educational agency. 

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

12 made to a local educational agency under paragraph 

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

14 subgrant funds that the local educational agency 

15 would have received under subpart 2 had such agen16 cy applied for a subgrant under such subpart for 

17 such fiscal year. 

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

19 an allotment under this section for any fiscal year or only 

20 a portion of the State’s allotment is allotted under sub21 section (c), the Secretary shall reallot the State’s entire 

22 allotment or the remaining portion of its allotment, as the 

23 case may be, to the remaining States in accordance with 

24 subsection (b). 

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1 ‘‘SEC. 2112. STATE APPLICATION. 

2 ‘‘(a) IN GENERAL.—For a State to be eligible to re3 ceive a grant under this subpart, the State educational 

4 agency shall submit an application to the Secretary at 

5 such time and in such a manner as the Secretary may 

6 reasonably require, which shall include the following: 

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

8 agency will meet the requirements of this subpart. 

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

10 agency will use a grant received under section 2111, 

11 including the grant funds the State will reserve for 

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

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

14 agency will facilitate the sharing of evidence-based 

15 and other effective strategies among local edu16 cational agencies. 

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

18 that is not developing or implementing a statewide 

19 teacher evaluation system, a description of how the 

20 State educational agency will ensure that each local 

21 educational agency in the State receiving a subgrant 

22 under subpart 2 will implement a teacher evaluation 

23 system that meets the requirements of clauses (i) 

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

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

2 that is developing or implementing a statewide 

3 teacher evaluation system— 

4 ‘‘(A) a description of how the State edu5 cational agency will work with local educational 

6 agencies in the State to implement the state7 wide teacher evaluation system within 3 years 

8 of the date of enactment of the Encouraging 

9 Innovation and Effective Teachers Act; and 

10 ‘‘(B) an assurance that the statewide 

11 teacher evaluation system complies with clauses 

12 (i) through (v) of section 2123(1)(A). 

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

14 agency will comply with section 5501 (regarding par15 ticipation by private school children and teachers). 

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

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

18 be deemed to be approved by the Secretary unless the Sec19 retary makes a written determination, prior to the expira20 tion of the 120-day period beginning on the date on which 

21 the Secretary received the application, that the application 

22 is not in compliance with this subpart. 

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

24 disapprove an application, except after giving the State 

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1 educational agency notice and an opportunity for a hear2 ing. 

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

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

5 this subpart, the Secretary shall— 

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

7 and an opportunity for a hearing; and 

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

9 finding of noncompliance and, in such notification, 

10 shall— 

11 ‘‘(A) cite the specific provisions in the ap12 plication that are not in compliance; and 

13 ‘‘(B) request additional information, only 

14 as to the noncompliant provisions, needed to 

15 make the application compliant. 

16 ‘‘(e) RESPONSE.—If a State educational agency re17 sponds to a notification from the Secretary under sub18 section (d)(2) during the 45-day period beginning on the 

19 date on which the agency received the notification, and 

20 resubmits the application with the requested information 

21 described in subsection (d)(2)(B), the Secretary shall ap22 prove or disapprove such application prior to the later of— 

23 ‘‘(1) the expiration of the 45-day period begin24 ning on the date on which the application is resub25 mitted; or 

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1 ‘‘(2) the expiration of the 120-day period de2 scribed in subsection (b). 

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

4 agency does not respond to a notification from the Sec5 retary under subsection (d)(2) during the 45-day period 

6 beginning on the date on which the agency received the 

7 notification, such application shall be deemed to be dis8 approved. 

9 ‘‘SEC. 2113. STATE USE OF FUNDS. 

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

11 receives a grant under section 2111 shall— 

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

13 make subgrants to local educational agencies under 

14 subpart 2; and 

15 ‘‘(2) use the remainder of the funds, after re16 serving funds under paragraph (1), for the State ac17 tivities described in subsection (b), except that the 

18 State may reserve not more than 1 percent of the 

19 grant funds for planning and administration related 

20 to carrying out activities described in subsection (b). 

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

22 agency that receives a grant under section 2111— 

23 ‘‘(1) shall use the amount described in sub24 section (a)(2) to— 

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1 ‘‘(A) provide training and technical assist2 ance to local educational agencies on— 

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

4 agency not implementing a statewide 

5 teacher evaluation system— 

6 ‘‘(I) the development and imple7 mentation of a teacher evaluation sys8 tem that meets the requirements of 

9 clauses (i) through (v) of section 

10 2123(1)(A); and 

11 ‘‘(II) training school leaders in 

12 using such evaluation system; or 

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

14 agency implementing a statewide teacher 

15 evaluation system, implementing such eval16 uation system; and 

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

18 responsibilities with respect to the proper and 

19 efficient administration of the subgrant pro20 gram carried out under this part; and 

21 ‘‘(2) may use the amount described in sub22 section (a)(2) to— 

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

24 and other effective practices related to teacher 

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1 and school leader effectiveness and professional 

2 development; and 

3 ‘‘(B) provide professional development for 

4 teachers and school leaders in the State con5 sistent with clauses (i) through (v) of section 

6 2123(2)(B). 

7 ‘‘SUBPART 2—SUBGRANTS TO LOCAL EDUCATIONAL

8 AGENCIES

9 ‘‘SEC. 2121. ALLOCATIONS TO LOCAL EDUCATIONAL AGEN10 CIES. 

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

12 under section 2111 shall use the funds reserved under sec13 tion 2113(a)(1) to award subgrants to local educational 

14 agencies under this section. 

15 ‘‘(b) ALLOCATION OF FUNDS.—From the funds re16 served by a State under section 2113(a)(1), the State edu17 cational agency shall allocate to each local educational 

18 agency in the State the sum of— 

19 ‘‘(1) an amount that bears the same relation20 ship to 50 percent of the funds as the number of in21 dividuals age 5 through 17 in the geographic area 

22 served by the local educational agency, as deter23 mined by the State on the basis of the most recent 

24 satisfactory data, bears to the number of those indi25 viduals in the geographic areas served by all the 

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1 local educational agencies in the State, as so deter2 mined; and 

3 ‘‘(2) an amount that bears the same relation4 ship to 50 percent of the funds as the number of in5 dividuals age 5 through 17 from families with in6 comes below the poverty line in the geographic area 

7 served by the local educational agency, as deter8 mined by the State on the basis of the most recent 

9 satisfactory data, bears to the number of those indi10 viduals in the geographic areas served by all the 

11 local educational agencies in the State, as so deter12 mined. 

13 ‘‘SEC. 2122. LOCAL APPLICATIONS. 

14 ‘‘To be eligible to receive a subgrant under this sub15 part, a local educational agency shall submit an applica16 tion to the State educational agency involved at such time, 

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

18 State educational agency may reasonably require that, at 

19 a minimum, shall include the following: 

20 ‘‘(1) A description of— 

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

22 meet the requirements of this subpart; 

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

24 the local educational agency under this subpart 

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1 demic achievement, and improve teacher and 

2 school leader effectiveness; 

3 ‘‘(C) how, in the case of a local educational 

4 agency not in a State with a statewide teacher 

5 evaluation system, the local educational agency 

6 will develop and implement a teacher evaluation 

7 system that meets the requirements described 

8 in clauses (i) through (v) of section 2123(1)(A); 

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

10 such a teacher evaluation system, the local edu11 cational agency will work with parents, teach12 ers, school leaders, and other staff of the 

13 schools served by the local educational agency; 

14 and 

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

16 develop and implement such a teacher evalua17 tion system within 3 years of the date of enact18 ment of the Encouraging Innovation and Effec19 tive Teachers Act. 

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

21 in a State with a statewide teacher evaluation sys22 tem, a description of how the local educational agen23 cy will work with the State educational agency to 

24 implement the statewide teacher evaluation system 

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1 within 3 years of the date of enactment of the En2 couraging Innovation and Effective Teachers Act. 

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

4 agency will comply with section 5501 (regarding par5 ticipation by private school children and teachers). 

6 ‘‘SEC. 2123. LOCAL USE OF FUNDS. 

7 ‘‘A local educational agency receiving a subgrant 

8 under this subpart— 

9 ‘‘(1) shall use such funds— 

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

11 evaluation system that— 

12 ‘‘(i) uses student achievement data as 

13 a significant factor in determining a teach14 er’s evaluation; 

15 ‘‘(ii) uses multiple measures of evalua16 tion for evaluating teachers; 

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

18 rating the performance of teachers; 

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

20 decisions, as determined by the local edu21 cational agency; and 

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

23 school leaders, teachers, and other staff of 

24 schools served by the local educational 

25 agency; or 

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1 ‘‘(B) in the case of a local educational 

2 agency located in a State implementing a state3 wide teacher evaluation system, to implement 

4 such evaluation system; and 

5 ‘‘(2) may use such funds for— 

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

7 purpose of evaluating teachers under a teacher 

8 evaluation system described in subparagraph 

9 (A) or (B) of paragraph (1), as appropriate; 

10 ‘‘(B) professional development for teachers 

11 and school leaders that is evidence-based, job12 embedded, and continuous, such as— 

13 ‘‘(i) subject-based professional devel14 opment for teachers; 

15 ‘‘(ii) professional development aligned 

16 with the State’s academic standards; 

17 ‘‘(iii) professional development for 

18 teachers of student with disabilities and 

19 English learners; 

20 ‘‘(iv) professional development for 

21 teachers identified as in need of additional 

22 support through data provided by a teach23 er evaluation system described in subpara24 graph (A) or (B) of paragraph (1), as ap25 propriate; 

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1 ‘‘(v) professional development based 

2 on the current science of learning, which 

3 includes research on positive brain change 

4 and cognitive skill development; 

5 ‘‘(vi) professional development for 

6 school leaders, including mentorship pro7 grams for such leaders; or 

8 ‘‘(vii) professional development on in9 tegrated, interdisciplinary, and project10 based teaching strategies, including for ca11 reer and technical education teachers; 

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

13 organization or a consortium of such organiza14 tions to develop and implement a teacher eval15 uation system described in subparagraph (A) or 

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

17 ‘‘(D) class size reduction, except that the 

18 local educational agency may not use more than 

19 10 percent of such funds for this purpose. 

20 ‘‘SUBPART 3—GENERAL PROVISIONS

21 ‘‘SEC. 2131. REPORTING REQUIREMENTS. 

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

23 educational agency receiving a subgrant under subpart 2 

24 shall submit to the State educational agency involved, on 

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1 cational agency receives such subgrant funds, a report 

2 on— 

3 ‘‘(1) how the local educational agency is meet4 ing the purposes of this part described in section 

5 2101; 

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

7 such subgrant funds; and 

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

9 each category established under clause (iii) of sec10 tion 2123(1)(A). 

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

12 educational agency receiving a grant under subpart 1 shall 

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

14 the last year in which the State educational agency re15 ceives such grant funds, on— 

16 ‘‘(1) how the State is meeting the purposes of 

17 this part described in section 2101; and 

18 ‘‘(2) how the State is using such grant funds. 

19 ‘‘SEC. 2132. NATIONAL ACTIVITIES. 

20 ‘‘From the funds reserved by the Secretary under sec21 tion 2111(b)(1)(A), the Secretary shall, directly or 

22 through grants and contracts— 

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

24 local educational agencies in carrying out activities 

25 under this part; and 

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

2 Sciences, conduct national evaluations of activities 

3 carried out by State educational agencies and local 

4 educational agencies under this part. 

5 ‘‘SEC. 2133. STATE DEFINED. 

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

7 States, the District of Columbia, and the Commonwealth 

8 of Puerto Rico.’’. 

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

10 seq.) is amended to read as follows: 

11 ‘‘PART B—TEACHER AND SCHOOL LEADER 

12 FLEXIBLE GRANT 

13 ‘‘SEC. 2201. PURPOSE. 

14 ‘‘The purpose of this part is to improve student aca15 demic achievement in the core academic subjects by— 

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

17 local educational agencies, schools, teachers, and 

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

19 academic standards; and 

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

21 school leaders who are effective in increasing student 

22 academic achievement. 

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1 ‘‘Subpart 1—Formula Grants to States 

2 ‘‘SEC. 2211. STATE ALLOTMENTS. 

3 ‘‘(a) RESERVATIONS.—From the amount appro4 priated under section 3(a) for any fiscal year, the Sec5 retary— 

6 ‘‘(1) shall reserve 18 percent to award grants to 

7 States under this subpart; and 

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

9 (1), shall reserve— 

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

11 activities described in section 2231; 

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

13 to outlying areas on the basis of their relative 

14 need, as determined by the Secretary, in ac15 cordance with the purpose of this part; and 

16 ‘‘(C) one-half of 1 percent for the Sec17 retary of the Interior for programs under this 

18 part in schools operated or funded by the Bu19 reau of Indian Education. 

20 ‘‘(b) STATE ALLOTMENTS.— 

21 ‘‘(1) IN GENERAL.—From the total amount re22 served under subsection (a)(1) for each fiscal year 

23 and not reserved under subparagraphs (A) through 

24 (C) of subsection (a)(2), the Secretary shall allot, 

25 and make available in accordance with this section, 

26 to each State an amount that bears the same ratio 

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1 to such sums as the school-age population of the 

2 State bears to the school-age population of all 

3 States. 

4 ‘‘(2) SMALL STATE MINIMUM.—No State receiv5 ing an allotment under paragraph (1) may receive 

6 less than one-half of 1 percent of the total amount 

7 allotted under such paragraph. 

8 ‘‘(3) REALLOTMENT.—If a State does not re9 ceive an allotment under this subpart for a fiscal 

10 year, the Secretary shall reallot the amount of the 

11 State’s allotment to the remaining States in accord12 ance with this section. 

13 ‘‘(c) STATE APPLICATION.—In order to receive an al14 lotment under this section for any fiscal year, a State shall 

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

16 in such manner as the Secretary may reasonably require. 

17 Such application shall— 

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

19 the agency responsible for the administration and 

20 supervision of programs assisted under this part; 

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

22 will use funds received under this section for State 

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

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

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1 cations and awarding subgrants to eligible entities 

2 under section 2221 on a competitive basis; 

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

4 will ensure that subgrants made under section 2221 

5 are of sufficient size and scope to support effective 

6 programs that will help increase academic achieve7 ment in the classroom and are consistent with the 

8 purposes of this part; 

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

10 agency will take to ensure that eligible entities use 

11 subgrant funds received under section 2221 to carry 

12 out programs that implement effective strategies, in13 cluding by providing ongoing technical assistance 

14 and training, and disseminating evidence-based and 

15 other effective strategies to such eligible entities; 

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

17 be coordinated with other programs under this Act; 

18 and 

19 ‘‘(7) include an assurance that, other than pro20 viding technical and advisory assistance and moni21 toring compliance with this part, the State edu22 cational agency has not exercised, and will not exer23 cise, any influence in the decision-making processes 

24 of eligible entities as to the expenditure of funds 

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1 made pursuant to an application submitted under 

2 section 2221(b). 

3 ‘‘(d) STATE USE OF FUNDS.— 

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

5 allotment under this section shall reserve not less 

6 than 95 percent of the amount allotted to such State 

7 under subsection (b), for each fiscal year, for sub8 grants to eligible entities under subpart 2. 

9 ‘‘(2) STATE ADMINISTRATION.—A State edu10 cational agency may reserve not more than 1 percent 

11 of the amount made available to the State under 

12 subsection (b) for the administrative costs of car13 rying out such State educational agency’s respon14 sibilities under this subpart. 

15 ‘‘(3) STATE-LEVEL ACTIVITIES.—A State edu16 cational agency shall use the amount made available 

17 to the State under subsection (b) and not reserved 

18 under paragraphs (1) and (2) to carry out 1 or more 

19 of the following activities: 

20 ‘‘(A) Reforming teacher and school leader 

21 certification, recertification, licensing, and ten22 ure systems to ensure that— 

23 ‘‘(i) each teacher has the subject mat24 ter knowledge and teaching skills necessary 

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1 to help students meet the State’s academic 

2 standards; and 

3 ‘‘(ii) school leaders have the instruc4 tional leadership skills to help teachers in5 struct and students learn. 

6 ‘‘(B) Carrying out programs that establish, 

7 expand, or improve alternative routes for State 

8 certification or licensure of teachers and school 

9 leaders, including such programs for— 

10 ‘‘(i) mid-career professionals from 

11 other occupations; 

12 ‘‘(ii) former military personnel; and 

13 ‘‘(iii) recent graduates of an institu14 tion of higher education, with a record of 

15 academic distinction, who demonstrate the 

16 potential to become effective teachers or 

17 school leaders. 

18 ‘‘(C) Developing, or assisting eligible enti19 ties in developing— 

20 ‘‘(i) performance-based pay systems 

21 for teachers and school leaders; 

22 ‘‘(ii) strategies that provide differen23 tial, incentive, or bonus pay for teachers; 

24 or 

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1 ‘‘(iii) teacher advancement initiatives 

2 that promote professional growth and em3 phasize multiple career paths and pay dif4 ferentiation. 

5 ‘‘(D) Developing, or assisting eligible enti6 ties in developing, new teacher and school lead7 ers induction and mentoring programs that are 

8 designed to— 

9 ‘‘(i) improve instruction and student 

10 learning and achievement; and 

11 ‘‘(ii) increase the retention of effective 

12 teachers and school leaders. 

13 ‘‘(E) Providing professional development 

14 for teachers and school leaders that is focused 

15 on— 

16 ‘‘(i) improving teaching and student 

17 learning and achievement in the core aca18 demic subjects; and 

19 ‘‘(ii) improving teaching, student 

20 learning, and achievement for students 

21 with disabilities, English learners, and 

22 other special populations. 

23 ‘‘(F) Providing training and technical as24 sistance to eligible entities that receive a 

25 subgrant under section 2221. 

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1 ‘‘(G) Other activities identified by the 

2 State that meet the purpose of this part. 

3 ‘‘SEC. 2212. APPROVAL AND DISAPPROVAL OF STATE APPLI4 CATIONS. 

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

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

7 to be approved by the Secretary unless the Secretary 

8 makes a written determination, prior to the expiration of 

9 the 120-day period beginning on the date on which the 

10 Secretary received the application, that the application is 

11 not in compliance with section 2211(c). 

12 ‘‘(b) DISAPPROVAL PROCESS.— 

13 ‘‘(1) IN GENERAL.—The Secretary shall not fi14 nally disapprove an application submitted under sec15 tion 2211(c), except after giving the State edu16 cational agency notice and an opportunity for a 

17 hearing. 

18 ‘‘(2) NOTIFICATION.—If the Secretary finds 

19 that an application is not in compliance, in whole or 

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

21 ‘‘(A) give the State educational agency no22 tice and an opportunity for a hearing; and 

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

24 the finding of noncompliance and, in such noti25 fication, shall— 

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

2 application that are not in compliance; and 

3 ‘‘(ii) request additional information, 

4 only as to the noncompliant provisions, 

5 needed to make the application compliant. 

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

7 responds to a notification from the Secretary under 

8 paragraph (2)(B) during the 45-day period begin9 ning on the date on which the State educational 

10 agency received the notification, and resubmits the 

11 application with the requested information described 

12 in paragraph (2)(B)(ii), the Secretary shall approve 

13 or disapprove such application prior to the later of— 

14 ‘‘(A) the expiration of the 45-day period 

15 beginning on the date on which the application 

16 is resubmitted; or 

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

18 described in subsection (a). 

19 ‘‘(4) FAILURE TO RESPOND.—If the State edu20 cational agency does not respond to a notification 

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

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

23 the State educational agency received the notifica24 tion, such application shall be deemed to be dis25 approved. 

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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 allot4 ment under section 2211(b) for a fiscal year shall use the 

5 amount reserved under section 2211(d)(1) to award sub6 grants, on a competitive basis, to eligible entities in ac7 cordance with this section to enable such entities to carry 

8 out the programs 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 

15 reasonably 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 con20 sistent 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 

2 of such applications but the review shall only judge the 

3 likelihood of the activity to increase student academic 

4 achievement. The reviewers shall not make a determina5 tion based 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 pe12 riod of not less than 3 years and not more than 5 years. 

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

14 subgrant under this section shall provide, either directly 

15 or through private contributions, non-Federal matching 

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

17 of the 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 

21 funds to develop, implement, and evaluate comprehensive 

22 programs and activities, that are in accordance with the 

23 purpose 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 

16 induction and mentoring programs that 

17 are designed to improve instruction, stu18 dent learning and achievement, and to in19 crease teacher and school leader retention; 

20 and 

21 ‘‘(v) teacher residency programs, and 

22 school leader residency programs, designed 

23 to develop and support new teachers or 

24 new school leaders, respectively; 

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1 ‘‘(B) recruiting qualified individuals from 

2 other fields, including mid-career professionals 

3 from other occupations and former military per4 sonnel; 

5 ‘‘(C) establishing, improving, or expanding 

6 model instructional programs in the core aca7 demic subjects to ensure that all children meet 

8 the State’s academic standards; 

9 ‘‘(D) providing high-quality professional 

10 development for teachers and school leaders fo11 cused on improving teaching and student learn12 ing and achievement in the core academic sub13 jects; 

14 ‘‘(E) implementing programs based on the 

15 current science of learning, which includes re16 search on positive brain change and cognitive 

17 skill development; and 

18 ‘‘(F) other activities and programs identi19 fied as necessary by the local educational agen20 cy that meet the purpose of this part. 

21 ‘‘(b) PRINCIPLES OF EFFECTIVENESS.— 

22 ‘‘(1) IN GENERAL.—For a program or activity 

23 developed pursuant to this section to meet the prin24 ciples of effectiveness, such program or activity 

25 shall— 

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1 ‘‘(A) be based upon an assessment of ob2 jective data regarding the need for programs 

3 and activities in the elementary schools and sec4 ondary schools served to increase the number of 

5 teachers and school leaders who are effective in 

6 improving student academic achievement; 

7 ‘‘(B) reflect evidence-based research, or in 

8 the absence of a strong research base, reflect 

9 effective strategies in the field, that provide evi10 dence that the program or activity will improve 

11 student academic achievement in the core aca12 demic subjects; and 

13 ‘‘(C) include meaningful and ongoing con14 sultation with, and input from, teachers, school 

15 leaders, and parents, in the development of the 

16 application and administration of the program 

17 or activity. 

18 ‘‘(2) PERIODIC EVALUATION.— 

19 ‘‘(A) IN GENERAL.—The program or activ20 ity carried out by the eligible entity shall under21 go a periodic evaluation by the State edu22 cational agency involved to assess the eligible 

23 entity’s progress toward achieving the purpose 

24 of this part. 

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1 ‘‘(B) USE OF RESULTS.—The results of 

2 evaluations described under subparagraph (A) 

3 shall be— 

4 ‘‘(i) used to refine, improve, and 

5 strengthen the program or activity, and to 

6 refine the performance measures; and 

7 ‘‘(ii) made available to the public upon 

8 request, with public notice of such avail9 ability provided. 

10 ‘‘Subpart 3—General Provisions 

11 ‘‘SEC. 2231. NATIONAL ACTIVITIES. 

12 ‘‘From the funds reserved by the Secretary under sec13 tion 2211(a)(1), the Secretary shall, directly or through 

14 grants and contracts— 

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

16 eligible entities in carrying out activities under this 

17 part; and 

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

19 Sciences, conduct national evaluations of activities 

20 carried out by States and eligible entities under this 

21 part. 

22 ‘‘SEC. 2232. DEFINITIONS. 

23 ‘‘In this part: 

24 ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible en25 tity’ means— 

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1 ‘‘(A) a local educational agency or consor2 tium of local educational agencies; 

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

4 consortium of such institutions in partnership 

5 with a local educational agency or consortium 

6 of local educational agencies; 

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

8 organization, or a consortium of for-profit or 

9 nonprofit organizations in partnership with a 

10 local educational agency or consortium of local 

11 educational agencies; or 

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

13 in subparagraphs (B) and (C). 

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

15 the 50 States, the District of Columbia, and the 

16 Commonwealth of Puerto Rico. 

17 ‘‘(3) TEACHER RESIDENCY PROGRAM.—The 

18 term ‘teacher residency program’ means a school19 based teacher preparation program in which a pro20 spective teacher— 

21 ‘‘(A) for one academic year, teaches along22 side an effective teacher, as determined by a 

23 teacher evaluation system implemented under 

24 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 

3 the partner institution (as defined in section 

4 200 of the Higher Education Act of 1965 (20 

5 U.S.C. 1021), which courses may be taught by 

6 local educational agency personnel or residency 

7 program faculty, in the teaching of the content 

8 area in which the teacher will become certified 

9 or licensed; 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 

15 5; 

16 (3) by striking sections 2361 and 2368; 

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

18 and inserting ‘‘school leaders’’; 

19 (5) in section 2363(6)(A), by striking ‘‘prin20 cipal’’ and inserting ‘‘school leader’’; 

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

22 and inserting ‘‘(3) A State law’’; 

23 (7) by redesignating section 2362 as section 

24 2361; 

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1 (8) by redesignating section 2363 as section 

2 2366; and 

3 (9) by redesignating sections 2364 through 

4 2367 as sections 2362 through 2365, respectively. 

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

6 seq.) is amended to read as follows: 

7 ‘‘PART D—GENERAL PROVISIONS 

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

9 ‘‘In this title, the term ‘local educational agency’ in10 cludes a charter school (as defined in section 5101) that, 

11 in the absence of this section, would not have received 

12 funds under this title. 

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

14 ‘‘At the beginning of each school year, a local edu15 cational agency that receives funds under this title shall 

16 notify the parents of each student attending any school 

17 receiving funds under this title that the parents may re18 quest, and the agency will provide the parents on request 

19 (and in a timely manner), information regarding the re20 sults, as they become available, of the evaluations of the 

21 student’s classroom teachers conducted under the teacher 

22 evaluation system developed and implemented by the local 

23 educational agency under part A. 

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

2 ‘‘Funds received under this title shall be used to sup3 plement, and not supplant, non-Federal funds that would 

4 otherwise be used for activities authorized under this title. 

5 ‘‘SEC. 2404. PROHIBITION AGAINST FEDERAL MANDATES, 

6 DIRECTION, OR CONTROL. 

7 ‘‘Nothing in this title shall be construed to authorize 

8 the Secretary or any other officer or employee of the Fed9 eral Government to mandate, direct, control, support, or 

10 exercise any direction or supervision over the instructional 

11 content or materials, curriculum, program of instruction, 

12 academic standards, academic assessments, or the devel13 opment or implementation of a teacher evaluation system 

14 of a State, local educational agency, or school.’’. 

15 SEC. 102. CONFORMING REPEALS. 

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

17 Education Act of 1965 (20 U.S.C. 1021 et seq.) is amend18 ed by repealing sections 201 through 204. 

19 (b) EFFECTIVE DATE.—The amendments and re20 peals made in subsection (a) shall take effect October 1, 

21 2012. 

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1 TITLE II—PARENTAL ENGAGE2 MENT AND LOCAL FLEXI3 BILITY 

4 SEC. 201. PARENTAL ENGAGEMENT AND LOCAL FLEXI5 BILITY. 

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

7 as follows: 

8 ‘‘TITLE III—PARENTAL ENGAGEMENT AND 

9 LOCAL FLEXIBILITY 

10 ‘‘PART A—PARENTAL ENGAGEMENT

11 ‘‘SUBPART 1—CHARTER SCHOOL PROGRAM

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

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

14 the programs for public charter schools under part B of 

15 title V be reauthorized as such part was amended under 

16 the provisions of H.R. 2218, as passed by the House of 

17 Representatives on September 13, 2011, and be trans18 ferred and redesignated to this subpart. 

19 ‘‘SUBPART 2—MAGNET SCHOOL ASSISTANCE

20 ‘‘SEC. 3121. PURPOSE. 

21 ‘‘The purpose of this subpart is to assist in the deseg22 regation of schools served by local educational agencies by 

23 providing financial assistance to eligible local educational 

24 agencies for— 

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

2 minority group isolation in elementary schools and 

3 secondary schools with substantial proportions of mi4 nority students, which shall include assisting in the 

5 efforts of the United States to achieve voluntary de6 segregation in public schools; 

7 ‘‘(2) the development and implementation of 

8 magnet school programs that will assist local edu9 cational agencies in achieving systemic reforms and 

10 providing all students the opportunity to meet State 

11 academic standards; 

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

13 educational methods and practices that promote di14 versity and increase choices in public elementary 

15 schools and public secondary schools and public edu16 cational programs; 

17 ‘‘(4) courses of instruction within magnet 

18 schools that will substantially strengthen the knowl19 edge of academic subjects and the attainment of tan20 gible and marketable career, technical, and profes21 sional skills of students attending such schools; 

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

23 agencies, including through professional develop24 ment, to continue operating magnet schools at a 

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1 high performance level after Federal funding for the 

2 magnet schools is terminated; and 

3 ‘‘(6) ensuring that students enrolled in the 

4 magnet school programs have equitable access to a 

5 quality education that will enable the students to 

6 succeed academically and continue with postsec7 ondary education or employment. 

8 ‘‘SEC. 3122. DEFINITION. 

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

10 school’ means a public elementary school, public secondary 

11 school, public elementary education center, or public sec12 ondary education center that offers a special curriculum 

13 capable of attracting substantial numbers of students of 

14 different racial backgrounds. 

15 ‘‘SEC. 3123. PROGRAM AUTHORIZED. 

16 ‘‘From the amount appropriated under section 

17 3(b)(1)(B), the Secretary, in accordance with this subpart, 

18 is authorized to award grants to eligible local educational 

19 agencies, and consortia of such agencies where appro20 priate, to carry out the purpose of this subpart for magnet 

21 schools that are— 

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

23 and 

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1 ‘‘(2) designed to bring students from different 

2 social, economic, ethnic, and racial backgrounds to3 gether. 

4 ‘‘SEC. 3124. ELIGIBILITY. 

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

6 agencies where appropriate, is eligible to receive a grant 

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

8 if such agency or consortium— 

9 ‘‘(1) is implementing a plan undertaken pursu10 ant to a final order issued by a court of the United 

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

12 agency or official of competent jurisdiction, that re13 quires the desegregation of minority-group-seg14 regated children or faculty in the elementary schools 

15 and secondary schools of such agency; or 

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

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

18 awarded to such local educational agency, or consor19 tium of such agencies, under this subpart, adopt and 

20 implement a plan that has been approved by the 

21 Secretary as adequate under title VI of the Civil 

22 Rights Act of 1964 for the desegregation of minor23 ity-group-segregated children or faculty in such 

24 schools. 

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1 ‘‘SEC. 3125. APPLICATIONS AND REQUIREMENTS. 

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

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

4 a grant under this subpart shall submit an application to 

5 the Secretary at such time and in such manner as the 

6 Secretary may reasonably require. 

7 ‘‘(b) INFORMATION AND ASSURANCES.—Each appli8 cation submitted under subsection (a) shall include— 

9 ‘‘(1) a description of— 

10 ‘‘(A) how a grant awarded under this sub11 part will be used to promote desegregation, in12 cluding how the proposed magnet school pro13 grams will increase interaction among students 

14 of different social, economic, ethnic, and racial 

15 backgrounds; 

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

17 magnet school program will increase student 

18 academic achievement in the instructional area 

19 or areas offered by the school; 

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

21 magnet school program after assistance under 

22 this subpart is no longer available, and, if appli23 cable, an explanation of why magnet schools es24 tablished or supported by the applicant with 

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1 tinued without the use of grant funds under 

2 this subpart; 

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

4 will be used— 

5 ‘‘(i) to improve student academic 

6 achievement for all students attending the 

7 magnet school programs; and 

8 ‘‘(ii) to implement services and activi9 ties that are consistent with other pro10 grams under this Act, and other Acts, as 

11 appropriate; and 

12 ‘‘(E) the criteria to be used in selecting 

13 students to attend the proposed magnet school 

14 program; and 

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

16 ‘‘(A) use grant funds under this subpart 

17 for the purposes specified in section 3121; 

18 ‘‘(B) employ effective teachers in the 

19 courses of instruction assisted under this sub20 part; 

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

22 race, religion, color, national origin, sex, or dis23 ability in— 

24 ‘‘(i) the hiring, promotion, or assign25 ment of employees of the applicant or 

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1 other personnel for whom the applicant has 

2 any administrative responsibility; 

3 ‘‘(ii) the assignment of students to 

4 schools, or to courses of instruction within 

5 the schools, of such applicant, except to 

6 carry out the approved plan; and 

7 ‘‘(iii) designing or operating extra8 curricular activities for students; 

9 ‘‘(D) carry out a quality education pro10 gram that will encourage greater parental deci11 sionmaking and involvement; and 

12 ‘‘(E) give students residing in the local at13 tendance area of the proposed magnet school 

14 program equitable consideration for placement 

15 in the program, consistent with desegregation 

16 guidelines and the capacity of the applicant to 

17 accommodate the students. 

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

19 under this subpart unless the Assistant Secretary of Edu20 cation for Civil Rights determines that the assurances de21 scribed in subsection (b)(2)(C) will be met. 

22 ‘‘SEC. 3126. PRIORITY. 

23 ‘‘In awarding grants under this subpart, the Sec24 retary shall give priority to applicants that— 

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1 ‘‘(1) demonstrate the greatest need for assist2 ance, based on the expense or difficulty of effectively 

3 carrying out approved desegregation plans and the 

4 magnet school program for which the grant is 

5 sought; 

6 ‘‘(2) propose to carry out new magnet school 

7 programs, or significantly revise existing magnet 

8 school programs; and 

9 ‘‘(3) propose to select students to attend mag10 net school programs by methods such as lottery, 

11 rather than through academic examination. 

12 ‘‘SEC. 3127. USE OF FUNDS. 

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

14 under this subpart may be used by an eligible local edu15 cational agency, or consortium of such agencies— 

16 ‘‘(1) for planning and promotional activities di17 rectly related to the development, expansion, con18 tinuation, or enhancement of academic programs 

19 and services offered at magnet schools; 

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

21 equipment, including computers and the mainte22 nance and operation of materials, equipment, and 

23 computers, necessary to conduct programs in mag24 net schools; 

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

2 the compensation, of elementary school and sec3 ondary school teachers, and instructional staff where 

4 applicable, who are necessary to conduct programs 

5 in magnet schools; 

6 ‘‘(4) with respect to a magnet school program 

7 offered to less than the entire student population of 

8 a school, for instructional activities that— 

9 ‘‘(A) are designed to make available the 

10 special curriculum that is offered by the magnet 

11 school program to students who are enrolled in 

12 the school but who are not enrolled in the mag13 net school program; and 

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

15 ‘‘(5) for activities, which may include profes16 sional development, that will build the recipient’s ca17 pacity to operate magnet school programs once the 

18 grant period has ended; 

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

20 consortium of such agencies, to have more flexibility 

21 in the administration of a magnet school program in 

22 order to serve students attending a school who are 

23 not 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 sub5 part may be used for activities described in paragraphs 

6 (2) and (3) of subsection (a) only if the activities are di7 rectly related to improving student academic achievement 

8 based on the State’s academic standards or directly re9 lated to improving student reading skills or knowledge of 

10 mathematics, science, history, geography, English, foreign 

11 languages, art, or music, or to improving career, technical, 

12 and professional skills. 

13 ‘‘SEC. 3128. PROHIBITION. 

14 ‘‘Grants under this subpart shall not be used for con15 struction, transportation, or any activity that does not 

16 augment academic improvement. 

17 ‘‘SEC. 3129. LIMITATIONS. 

18 ‘‘(a) DURATION OF AWARDS.—A grant under this 

19 subpart shall be awarded for a period that shall not exceed 

20 3 fiscal years. 

21 ‘‘(b) LIMITATION ON PLANNING FUNDS.—A local 

22 educational agency, or consortium of such agencies, may 

23 expend for planning (professional development shall not 

24 be considered to be planning for purposes of this sub25 section) not more than 50 percent of the grant funds remstockstill on DSK4VPTVN1PROD with BILLS

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1 ceived under this subpart for the first year of the program 

2 and not more than 15 percent of such funds for each of 

3 the second and third such years. 

4 ‘‘(c) AMOUNT.—No local educational agency, or con5 sortium of such agencies, awarded a grant under this sub6 part shall receive more than $4,000,000 under this sub7 part for any 1 fiscal year. 

8 ‘‘(d) TIMING.—To the extent practicable, the Sec9 retary shall award grants for any fiscal year under this 

10 subpart not later than July 1 of the applicable fiscal year. 

11 ‘‘SEC. 3130. EVALUATIONS. 

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

13 more than 2 percent of the funds appropriated under sec14 tion 3(b)(1)(B) for any fiscal year to carry out evalua15 tions, provide technical assistance, and carry out dissemi16 nation projects with respect to magnet school programs 

17 assisted under this subpart. 

18 ‘‘(b) CONTENTS.—Each evaluation described in sub19 section (a), at a minimum, shall address— 

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

21 programs lead to educational quality and academic 

22 improvement; 

23 ‘‘(2) the extent to which magnet school pro24 grams enhance student access to a quality education; 

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1 ‘‘(3) the extent to which magnet school pro2 grams lead to the elimination, reduction, or preven3 tion of minority group isolation in elementary 

4 schools and secondary schools with substantial pro5 portions of minority students; and 

6 ‘‘(4) the extent to which magnet school pro7 grams differ from other school programs in terms of 

8 the organizational characteristics and resource allo9 cations of such magnet school programs. 

10 ‘‘(c) DISSEMINATION.—The Secretary shall collect 

11 and disseminate to the general public information on suc12 cessful magnet school programs. 

13 ‘‘SEC. 3131. RESERVATION. 

14 ‘‘In any fiscal year for which the amount appro15 priated under section 3(b)(1)(B) exceeds $75,000,000, the 

16 Secretary shall give priority in using such amounts in ex17 cess of $75,000,000 to awarding grants to local edu18 cational agencies or consortia of such agencies that did 

19 not receive a grant under this subpart in the preceding 

20 fiscal year. 

21 ‘‘SUBPART 3—FAMILY ENGAGEMENT IN EDUCATION

22 PROGRAMS

23 ‘‘SEC. 3141. PURPOSES. 

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

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1 ‘‘(1) To provide financial support to organiza2 tions to provide technical assistance and training to 

3 State and local educational agencies in the imple4 mentation and enhancement of systemic and effec5 tive family engagement policies, programs, and ac6 tivities that lead to improvements in student devel7 opment and academic achievement. 

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

9 educational agencies, community-based organiza10 tions, schools, and educators in strengthening part11 nerships among parents, teachers, school leaders, ad12 ministrators, and other school personnel in meeting 

13 the educational needs of children and fostering 

14 greater parental engagement. 

15 ‘‘(3) To support State educational agencies, 

16 local educational agencies, schools, educators, and 

17 parents in developing and strengthening the relation18 ship between parents and their children’s school in 

19 order to further the developmental progress of chil20 dren. 

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

22 subpart with parent involvement initiatives funded 

23 under section 1118 and other provisions of this Act. 

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

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1 ordination and integration of Federal, State, and 

2 local services and programs to engage families in 

3 education. 

4 ‘‘SEC. 3142. GRANTS AUTHORIZED. 

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

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

7 the Secretary is authorized to award grants for each fiscal 

8 year to statewide organizations (and consortia of such or9 ganizations and State educational agencies), to establish 

10 Statewide Family Engagement Centers that provide com11 prehensive training and technical assistance to State edu12 cational agencies, local educational agencies, schools iden13 tified by State educational agencies and local educational 

14 agencies, organizations that support family-school part15 nerships, and other organizations that carry out parent 

16 education and family engagement in education programs. 

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

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

19 ensure that a grant is awarded for a Statewide Family 

20 Engagement Center in an amount not less than $500,000. 

21 ‘‘SEC. 3143. APPLICATIONS. 

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

23 a consortium of such an organization and a State edu24 cational agency, that desires a grant under this subpart 

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

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1 in such manner, and including the information described 

2 in subsection (b). 

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

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

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

6 to family engagement in education. 

7 ‘‘(2) A description of the support that the 

8 Statewide Family Engagement Center that will be 

9 operated by the applicant will have from the appli10 cant, including a letter from the applicant outlining 

11 the commitment to work with the center. 

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

13 building a statewide infrastructure for family en14 gagement in education, that includes— 

15 ‘‘(A) management and governance; 

16 ‘‘(B) statewide leadership; or 

17 ‘‘(C) systemic services for family engage18 ment in education. 

19 ‘‘(4) A description of the applicant’s dem20 onstrated experience in providing training, informa21 tion, and support to State educational agencies, local 

22 educational agencies, schools, educators, parents, 

23 and organizations on family engagement in edu24 cation policies and practices that are effective for 

25 parents (including low-income parents) and families, 

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1 English learners, minorities, parents of students 

2 with disabilities, parents of homeless students, foster 

3 parents and students, and parents of migratory stu4 dents, including evaluation results, reporting, or 

5 other data exhibiting such demonstrated experience. 

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

7 ‘‘(A) establish a special advisory com8 mittee, the membership of which includes— 

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

10 majority of the members of the special ad11 visory committee; 

12 ‘‘(ii) representatives of education pro13 fessionals with expertise in improving serv14 ices for disadvantaged children; 

15 ‘‘(iii) representatives of local elemen16 tary schools and secondary schools, includ17 ing students; 

18 ‘‘(iv) representatives of the business 

19 community; and 

20 ‘‘(v) representatives of State edu21 cational agencies and local educational 

22 agencies; 

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

24 funds received under this subpart in each fiscal 

25 year to serve local educational agencies, schools, 

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1 and community-based organizations that serve 

2 high concentrations of disadvantaged students, 

3 including English learners, minorities, parents 

4 of students with disabilities, parents of home5 less students, foster parents and students, and 

6 parents of migratory students; 

7 ‘‘(C) operate a Statewide Family Engage8 ment Center of sufficient size, scope, and qual9 ity to ensure that the Center is adequate to 

10 serve the State educational agency, local edu11 cational agencies, and community-based organi12 zations; 

13 ‘‘(D) ensure that the Center will retain 

14 staff with the requisite training and experience 

15 to serve parents in the State; 

16 ‘‘(E) serve urban, suburban, and rural 

17 local educational agencies and schools; 

18 ‘‘(F) work with— 

19 ‘‘(i) other Statewide Family Engage20 ment Centers assisted under this subpart; 

21 and 

22 ‘‘(ii) parent training and information 

23 centers and community parent resource 

24 centers assisted under sections 671 and 

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1 672 of the Individuals with Disabilities 

2 Education Act; 

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

4 funds received under this subpart for each fiscal 

5 year to establish or expand technical assistance 

6 for evidence-based parent education programs; 

7 ‘‘(H) provide assistance to State edu8 cational agencies and local educational agencies 

9 and community-based organizations that sup10 port family members in supporting student aca11 demic achievement; 

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

13 local educational agencies, schools, educators, 

14 and parents to determine parental needs and 

15 the best means for delivery of services to ad16 dress such needs; and 

17 ‘‘(J) conduct sufficient outreach to assist 

18 parents, including parents who the applicant 

19 may have a difficult time engaging with a 

20 school or local educational agency. 

21 ‘‘SEC. 3144. USES OF FUNDS. 

22 ‘‘(a) IN GENERAL.—Grantees shall use grant funds 

23 received under this subpart, based on the needs deter24 mined under section 3143(b)(5)(I), to provide training 

25 and technical assistance to State educational agencies, 

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1 local educational agencies, and organizations that support 

2 family-school partnerships, and activities, services, and 

3 training for local educational agencies, school leaders, edu4 cators, and parents— 

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

6 in their children’s education and to help their chil7 dren meet State standards, such as assisting par8 ents— 

9 ‘‘(A) to engage in activities that will im10 prove student academic achievement, including 

11 understanding how they can support learning in 

12 the classroom with activities at home and in 

13 afterschool and extracurricular programs; 

14 ‘‘(B) to communicate effectively with their 

15 children, teachers, school leaders, counselors, 

16 administrators, and other school personnel; 

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

18 development, implementation, and review of 

19 school-parent compacts, family engagement in 

20 education policies, and school planning and im21 provement; 

22 ‘‘(D) to participate in the design and pro23 vision of assistance to students who are not 

24 making academic progress; 

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1 ‘‘(E) to participate in State and local deci2 sionmaking; 

3 ‘‘(F) to train other parents; and 

4 ‘‘(G) to help the parents learn and use 

5 technology applied in their children’s education; 

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

7 with the State educational agency, statewide family 

8 engagement in education policy and systemic initia9 tives that will provide for a continuum of services to 

10 remove barriers for family engagement in education 

11 and support school reform efforts; and 

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

13 involvement policies under sections 1112 and 1118. 

14 ‘‘(b) MATCHING FUNDS FOR GRANT RENEWAL.— 

15 For each fiscal year after the first fiscal year for which 

16 an organization or consortium receives assistance under 

17 this section, the organization or consortium shall dem18 onstrate in the application that a portion of the services 

19 provided by the organization or consortium is supported 

20 through non-Federal contributions, which may be in cash 

21 or in-kind. 

22 ‘‘(c) TECHNICAL ASSISTANCE.—The Secretary shall 

23 reserve not more than 2 percent of the funds appropriated 

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

25 technical assistance, by grant or contract, for the estabmstockstill on DSK4VPTVN1PROD with BILLS

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1 lishment, development, and coordination of Statewide 

2 Family Engagement Centers. 

3 ‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec4 tion shall be construed to prohibit a Statewide Family En5 gagement Center from— 

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

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

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

9 children. 

10 ‘‘(e) PARENTAL RIGHTS.—Notwithstanding any 

11 other provision of this section— 

12 ‘‘(1) no person (including a parent who edu13 cates a child at home, a public school parent, or a 

14 private school parent) shall be required to partici15 pate in any program of parent education or develop16 mental screening under this section; and 

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

18 section shall take any action that infringes in any 

19 manner on the right of a parent to direct the edu20 cation of their children. 

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

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

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

24 contracts and cooperative agreements with local Indian 

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1 nonprofit parent organizations to establish and operate 

2 Family Engagement Centers. 

3 ‘‘PART B—LOCAL ACADEMIC FLEXIBLE GRANT

4 ‘‘SEC. 3201. PURPOSE. 

5 ‘‘The purpose of this part is to— 

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

7 opportunity to access funds to support the initiatives 

8 important to their schools and students to improve 

9 academic achievement; and 

10 ‘‘(2) provide nonprofit and for-profit entities 

11 the opportunity to work with students to improve 

12 academic achievement. 

13 ‘‘SEC. 3202. ALLOTMENTS TO STATES. 

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

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

16 shall reserve— 

17 ‘‘(1) not more than one-half of 1 percent for 

18 national activities to provide technical assistance to 

19 eligible entities in carrying out programs under this 

20 part; and 

21 ‘‘(2) not more than one-half of 1 percent for 

22 payments to the outlying areas and the Bureau of 

23 Indian Education, to be allotted in accordance with 

24 their respective needs for assistance under this part, 

25 as determined by the Secretary, to enable the outmstockstill on DSK4VPTVN1PROD with BILLS

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1 lying areas and the Bureau to carry out the purpose 

2 of this part. 

3 ‘‘(b) STATE ALLOTMENTS.— 

4 ‘‘(1) DETERMINATION.—From the funds appro5 priated under section 3(b)(2) for any fiscal year and 

6 remaining after the Secretary makes reservations 

7 under subsection (a), the Secretary shall allot to 

8 each State for the fiscal year an amount that bears 

9 the same relationship to the remainder as the 

10 amount the State received under chapter B of sub11 part 1 of part A of title I for the preceding fiscal 

12 year bears to the amount all States received under 

13 that chapter for the preceding fiscal year, except 

14 that no State shall receive less than an amount 

15 equal to one-half of 1 percent of the total amount 

16 made available to all States under this subsection. 

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

18 State does not receive an allotment under this part 

19 for a fiscal year, the Secretary shall reallot the 

20 amount of the State’s allotment to the remaining 

21 States in accordance with this section. 

22 ‘‘(c) STATE USE OF FUNDS.— 

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

24 allotment under this part shall reserve not less than 

25 75 percent of the amount allotted to the State under 

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1 subsection (b) for each fiscal year for awards to eli2 gible entities under section 3204. 

3 ‘‘(2) AWARDS TO NONGOVERNMENTAL ENTI4 TIES TO IMPROVE STUDENT ACADEMIC ACHIEVE5 MENT.—Each State that receives an allotment under 

6 subsection (b) for each fiscal year shall reserve not 

7 less than 10 percent of the amount allotted to the 

8 State for awards to nongovernmental entities under 

9 section 3205. 

10 ‘‘(3) STATE ACTIVITIES AND STATE ADMINIS11 TRATION.—A State educational agency may reserve 

12 not more than 15 percent of the amount allotted to 

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

14 for the following: 

15 ‘‘(A) Enabling the State educational agen16 cy— 

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

18 State assessments and standards required 

19 under section 1111(b), which may include 

20 the costs of working, at the sole discretion 

21 of the State, in voluntary partnerships 

22 with other States to develop such assess23 ments and standards; or 

24 ‘‘(ii) if the State has developed the as25 sessments and standards required under 

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1 section 1111(b), to administer those as2 sessments or carry out other activities re3 lated to ensuring that the State’s schools 

4 and local educational agencies are helping 

5 students meet the State’s academic stand6 ards under such section. 

7 ‘‘(B) The administrative costs of carrying 

8 out its responsibilities under this part, except 

9 that not more than 5 percent of the reserved 

10 amount may be used for this purpose. 

11 ‘‘(C) Monitoring and evaluation of pro12 grams and activities assisted under this part. 

13 ‘‘(D) Providing training and technical as14 sistance under this part. 

15 ‘‘(E) Statewide academic focused pro16 grams. 

17 ‘‘(F) Sharing evidence-based and other ef18 fective strategies with eligible entities. 

19 ‘‘SEC. 3203. STATE APPLICATION. 

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

21 under section 3202 for any fiscal year, a State shall sub22 mit to the Secretary, at such time as the Secretary may 

23 require, an application that— 

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

2 the agency responsible for the administration and 

3 supervision of programs assisted under this part; 

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

5 will use funds reserved for State-level activities; 

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

7 State educational agency will use for reviewing appli8 cations and awarding funds to eligible entities on a 

9 competitive basis, which shall include reviewing how 

10 the proposed project will help increase student aca11 demic achievement; 

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

13 will ensure that awards made under this part are— 

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

15 high-quality, effective programs that are con16 sistent with the purpose of this part; and 

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

18 section 3204(f); 

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

20 agency will take to ensure that programs implement 

21 effective strategies, including providing ongoing 

22 technical assistance and training, and dissemination 

23 of evidence-based and other effective strategies; 

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

2 will consider students across all grades when making 

3 these awards; 

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

5 technical and advisory assistance and monitoring 

6 compliance with this part, the State educational 

7 agency has not exercised and will not exercise any 

8 influence in the decision-making process of eligible 

9 entities as to the expenditure of funds received by 

10 the eligible entities under this part; 

11 ‘‘(8) describes how programs under this part 

12 will be coordinated with programs under this Act, 

13 and other programs as appropriate; 

14 ‘‘(9) contains an assurance that the State edu15 cational agency— 

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

17 period of not less than 3 years and not more 

18 than 5 years; and 

19 ‘‘(B) will require each eligible entity seek20 ing such an award to submit a plan describing 

21 how the project to be funded through the award 

22 will continue after funding under this part 

23 ends, if applicable; and 

24 ‘‘(10) contains an assurance that funds appro25 priated to carry out this part will be used to supplemstockstill on DSK4VPTVN1PROD with BILLS

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1 ment, and not supplant, other Federal, State, and 

2 local public funds expended to provide programs and 

3 activities authorized under this part and other simi4 lar programs. 

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

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

7 shall be deemed to be approved by the Secretary unless 

8 the Secretary makes a written determination, prior to the 

9 expiration of the 120-day period beginning on the date on 

10 which the Secretary received the application, that the ap11 plication is not in compliance with this part. 

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

13 disapprove the application, except after giving the State 

14 educational agency notice and an opportunity for a hear15 ing. 

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

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

18 this part, the Secretary shall— 

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

20 and an opportunity for a hearing; and 

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

22 finding of noncompliance, and, in such notification, 

23 shall— 

24 ‘‘(A) cite the specific provisions in the ap25 plication that are not in compliance; and 

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1 ‘‘(B) request additional information, only 

2 as to the noncompliant provisions, needed to 

3 make the application compliant. 

4 ‘‘(e) RESPONSE.—If the State educational agency re5 sponds to the Secretary’s notification described in sub6 section (d)(2) during the 45-day period beginning on the 

7 date on which the agency received the notification, and 

8 resubmits the application with the requested information 

9 described in subsection (d)(2)(B), the Secretary shall ap10 prove or disapprove such application prior to the later of— 

11 ‘‘(1) the expiration of the 45-day period begin12 ning on the date on which the application is resub13 mitted; or 

14 ‘‘(2) the expiration of the 120-day period de15 scribed in subsection (b). 

16 ‘‘(f) FAILURE TO RESPOND.—If the State edu17 cational agency does not respond to the Secretary’s notifi18 cation described in subsection (d)(2) during the 45-day pe19 riod beginning on the date on which the agency received 

20 the notification, such application shall be deemed to be 

21 disapproved. 

22 ‘‘(g) RULE OF CONSTRUCTION.—An application sub23 mitted by a State educational agency pursuant to sub24 section (a) shall not be approved or disapproved based 

25 upon the activities for which the agency may make funds 

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1 available to eligible entities under section 3204 if the agen2 cy’s use of funds is consistent with section 3204(b). 

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

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

5 under this part for a fiscal year shall provide the amount 

6 made available under section 3202(c)(1) to eligible entities 

7 in accordance with this section. 

8 ‘‘(b) USE OF FUNDS.— 

9 ‘‘(1) IN GENERAL.—An eligible entity that re10 ceives an award under this part shall use the funds 

11 for activities that— 

12 ‘‘(A) are evidence-based; 

13 ‘‘(B) will improve student academic 

14 achievement; 

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

16 ‘‘(D) focus on one or more projects from 

17 the following two categories: 

18 ‘‘(i) Supplemental student support ac19 tivities such as before, after, or summer 

20 school activities, tutoring, and expanded 

21 learning time, but not including athletics 

22 or in-school learning activities. 

23 ‘‘(ii) Activities designed to support 

24 students, such as academic subject specific 

25 programs, adjunct teacher programs, exmstockstill on DSK4VPTVN1PROD with BILLS

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1 tended learning time programs, and parent 

2 engagement, but not including activities 

3 to— 

4 ‘‘(I) support smaller class sizes 

5 or construction; or 

6 ‘‘(II) provide compensation or 

7 benefits to teachers, school leaders, 

8 other school officials, or local edu9 cational agency staff. 

10 ‘‘(2) PARTICIPATION OF CHILDREN ENROLLED

11 IN PRIVATE SCHOOLS.—An eligible entity that re12 ceives an award under this part shall ensure compli13 ance with section 5501 (relating to participation of 

14 children enrolled in private schools). 

15 ‘‘(c) APPLICATION.— 

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

17 award under this part, an eligible entity shall submit 

18 an application to the State educational agency at 

19 such time, in such manner, and including such infor20 mation as the State educational agency may reason21 ably require, including the contents required by 

22 paragraph (2). 

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

24 under paragraph (1) shall include— 

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

2 funded and how they are consistent with sub3 section (b); 

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

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

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

7 in the absence of funds under this part, be 

8 made available for programs and activities au9 thorized under this part, and in no case sup10 plant Federal, State, local, or non-Federal 

11 funds; and 

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

13 be given notice of an intent to submit an appli14 cation with an opportunity for comment, and 

15 that the application will be available for public 

16 review after submission of the application. 

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

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

19 review process or other methods of assuring the quality 

20 of such applications but the review shall only judge the 

21 likelihood that the project will increase student academic 

22 achievement. 

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

24 agency shall distribute funds under this part equitably 

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1 among geographic areas within the State, including rural, 

2 suburban, and urban communities. 

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

4 entities that submit an application that meets the require5 ments of this section in an amount that is not less than 

6 $10,000. 

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

8 part may be awarded for a period of not less than 3 years 

9 and not more than 5 years. 

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

11 the term ‘eligible entity’ means— 

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

13 with a community-based organization, private sector 

14 business entity, or nongovernmental entity; 

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

16 working in partnership; 

17 ‘‘(3) a community-based organization in part18 nership with a local educational agency and, if appli19 cable, a private sector business entity or nongovern20 mental entity; or 

21 ‘‘(4) a private sector business entity in partner22 ship with a local educational agency and, if applica23 ble, a community-based organization or nongovern24 mental entity. 

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

2 IMPROVE ACADEMIC ACHIEVEMENT. 

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

4 under section 3202(c)(2), a State educational agency shall 

5 award grants to nongovernmental entities, including pub6 lic or private organizations, community-based or faith7 based organizations, and business entities for a program 

8 or project for elementary or secondary school students (or 

9 both) that will help improve academic achievement in com10 pliance with the requirements in this section. Subject to 

11 the availability of funds, the State educational agency 

12 shall award a grant to each eligible applicant that meets 

13 the requirements in a sufficient size and scope to support 

14 the program. 

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

16 shall require an application that includes the following in17 formation: 

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

19 the applicant will use the funds to support. 

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

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

22 support the program or project. 

23 ‘‘(3) A description of how the program or 

24 project will help increase student academic achieve25 ment, including the evidence to support this claim. 

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

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

3 program will prioritize students in high-need local 

4 educational agencies. 

5 ‘‘(5) A description of how the applicant will 

6 conduct sufficient outreach to ensure students can 

7 participate in the program or project. 

8 ‘‘(6) A description of any partnerships the ap9 plicant has entered into with the local educational 

10 agencies or other entities the applicant will work 

11 with, if applicable. 

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

13 work to share evidence-based and other effective 

14 strategies from the program or project with local 

15 educational agencies and other entities working with 

16 students to increase academic achievement. 

17 ‘‘(c) MATCHING CONTRIBUTION.—An eligible appli18 cant receiving a grant under this section shall provide, ei19 ther directly or through private contributions, non-Federal 

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

21 amount of the grant. 

22 ‘‘(d) REVIEW.—The State educational agency shall 

23 review the application to ensure that— 

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

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1 ‘‘(2) the application clearly describes the re2 quired elements in subsection (b); 

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

4 described in subsection (c); and 

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

6 Federal, State, and local laws. 

7 ‘‘(e) DISTRIBUTION OF FUNDS.—If the application 

8 requests exceed the funds available, the State educational 

9 agency shall prioritize projects that support students in 

10 high-need local educational agencies and ensure geo11 graphic diversity, including serving rural, suburban, and 

12 urban areas. 

13 ‘‘(f) ADMINISTRATIVE COSTS.—Not more than 1 per14 cent of a grant awarded under this section may be used 

15 for administrative costs. 

16 ‘‘SEC. 3206. REPORT. 

17 ‘‘Each recipient of a grant under section 3204 or 

18 3205 shall report to the State educational agency on— 

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

20 goals of the program; 

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

22 program and how the students’ academic achieve23 ment improved; and 

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

25 the success of the program.’’. 

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1 TITLE III—IMPACT AID 

2 SEC. 301. PURPOSE. 

3 Section 8002 (20 U.S.C. 7701) is amended by strik4 ing ‘‘challenging State standards’’ and inserting ‘‘State 

5 academic standards’’. 

6 SEC. 302. PAYMENTS RELATING TO FEDERAL ACQUISITION 

7 OF REAL PROPERTY. 

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

9 (1) in subsection (a)— 

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

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

12 (B) by amending paragraph (1)(C) to read 

13 as follows: 

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

15 original records (including facsimiles or other 

16 reproductions of those records) or other records 

17 that the Secretary determines to be appropriate 

18 and reliable, including Federal agency records 

19 or local historical records, aggregating 10 per20 cent or more of the assessed value of—’’; 

21 (2) in subsection (b)— 

22 (A) by amending paragraph (2) to read as 

23 follows: 

24 ‘‘(2) DETERMINATION OF ESTIMATED TAXABLE

25 VALUE FOR ELIGIBLE FEDERAL PROPERTY.— 

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1 ‘‘(A) IN GENERAL.—Subject to subpara2 graph (B), in determining the estimated taxable 

3 value of eligible Federal property located within 

4 the boundaries of a local educational agency for 

5 fiscal year 2013 and each succeeding fiscal 

6 year, the Secretary shall carry out the fol7 lowing: 

8 ‘‘(i) Determine the total taxable value 

9 of real property located within the bound10 aries of such local educational agency for 

11 the purpose of levying a property tax for 

12 current expenditures. 

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

14 the eligible Federal property by dividing— 

15 ‘‘(I) the total taxable value deter16 mined under clause (i), by 

17 ‘‘(II) the difference between the 

18 total acres located within the bound19 aries of the local educational agency 

20 and the number of Federal acres in 

21 that agency eligible under this section. 

22 ‘‘(iii) Multiply— 

23 ‘‘(I) the per acre value calculated 

24 under clause (ii), by 

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1 ‘‘(II) the number of Federal 

2 acres in that agency eligible under 

3 this section. 

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

5 a local educational agency shares eligible Fed6 eral property with 2 or more local educational 

7 agencies, the local educational agency may elect 

8 to have the Secretary— 

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

10 eligible Federal property of each such local 

11 educational agency in accordance with sub12 paragraph (A); and 

13 ‘‘(ii) carry out the calculation under 

14 subparagraph (A)(iii) by multiplying— 

15 ‘‘(I) the average of the per acre 

16 values of such eligible Federal prop17 erties, by 

18 ‘‘(II) the acres of the Federal 

19 property in that agency eligible under 

20 this section.’’; and 

21 (B) by amending paragraph (3) to read as 

22 follows: 

23 ‘‘(3) APPLICATION OF CURRENT LEVIED REAL

24 PROPERTY TAX RATE.—In calculating the amount 

25 that a local educational agency is eligible to receive 

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1 for a fiscal year, the Secretary shall apply the cur2 rent levied real property tax rate for current expend3 itures levied by fiscally independent local educational 

4 agencies, or imputed for fiscally dependent local edu5 cational agencies, to the current annually deter6 mined estimated taxable value of such acquired Fed7 eral property as calculated under paragraph (2).’’; 

8 (3) by amending subsection (f) to read as fol9 lows: 

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

11 2013, a local educational agency shall be deemed to meet 

12 the requirements of subsection (a)(1)(C) if records to de13 termine eligibility under such subsection were destroyed 

14 prior to fiscal year 2000 and the agency received funds 

15 under subsection (b) in the previous year.’’; 

16 (4) by amending subsection (g) to read as fol17 lows: 

18 ‘‘(g) FORMER DISTRICTS.— 

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

20 and each succeeding fiscal year, if a local edu21 cational agency described in paragraph (2) is formed 

22 at any time after 1938 by the consolidation of two 

23 or more former school districts, the local educational 

24 agency may elect to have the Secretary determine its 

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1 cational agency is eligible under this section for such 

2 fiscal year on the basis of one or more of those 

3 former districts, as designated by the local edu4 cational agency. 

5 ‘‘(2) ELIGIBLE LOCAL EDUCATIONAL AGEN6 CIES.—A local educational agency described in this 

7 paragraph is— 

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

9 fiscal year 1994 or any preceding fiscal year, 

10 applied for, and was determined to be eligible 

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

12 1950 (Public Law 874, 81st Congress) as that 

13 section was in effect for that fiscal year; or 

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

15 the consolidation of 2 or more school districts, 

16 at least one of which was eligible for assistance 

17 under this section for the fiscal year preceding 

18 the year of the consolidation, if— 

19 ‘‘(i) for fiscal years 2006 through 

20 2012, the local educational agency notifies 

21 the Secretary not later than 30 days after 

22 the date of enactment of the Encouraging 

23 Innovation and Effective Teachers Act of 

24 the designation described in paragraph (1); 

25 and 

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

2 subsequent fiscal year, the local edu3 cational agency includes the designation in 

4 its application under section 8005 or any 

5 timely amendment to such application. 

6 ‘‘(3) AVAILABILITY OF FUNDS.—Notwith7 standing any other provision of law limiting the pe8 riod during which the Secretary may obligate funds 

9 appropriated for any fiscal year after fiscal year 

10 2005, the Secretary may obligate funds remaining 

11 after final payments have been made for any of such 

12 fiscal years to carry out this subsection.’’; 

13 (5) in subsection (h)— 

14 (A) by striking ‘‘section 8014(a)’’ each 

15 place it appears and inserting ‘‘section 3(c)(1)’’; 

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

17 follows: 

18 ‘‘(1) FOUNDATION PAYMENTS.— 

19 ‘‘(A) IN GENERAL.—From the amount ap20 propriated under section 3(c)(1) for the fiscal 

21 year involved, the Secretary shall first make a 

22 payment to the following local educational agen23 cies: 

24 ‘‘(i) Each local educational agency 

25 that received a payment under this section 

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1 for fiscal year 2006 and was eligible for a 

2 payment under this section for fiscal year 

3 2006. 

4 ‘‘(ii) Each local educational agency 

5 that did not receive a payment under this 

6 section for fiscal year 2006 but was newly 

7 eligible for a payment under this section 

8 after fiscal year 2006. 

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

10 under subparagraph (A) for a local educational 

11 agency shall be determined as follows: 

12 ‘‘(i) For a local educational agency 

13 described in subparagraph (A)(i) the 

14 amount of payment shall be equal to 90 

15 percent of the amount received by such 

16 local educational agency under subsection 

17 (b) for fiscal year 2006. 

18 ‘‘(ii) For a local educational agency 

19 described in subparagraph (A)(ii) the 

20 amount of payment shall be determined 

21 by— 

22 ‘‘(I) calculating a payment esti23 mate for fiscal year 2006 for such 

24 local educational agency under sub25 section (b) in the same manner as 

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1 payments were determined for local 

2 educational agencies eligible for and 

3 receiving payments for fiscal year 

4 2006 under such section; and 

5 ‘‘(II) multiplying the amount de6 termined under subclause (I) by 90 

7 percent. 

8 ‘‘(C) FOUNDATION PAYMENT.—The 

9 amount of payments calculated under clause (i) 

10 or (ii) of subparagraph (B) for a local edu11 cational agency shall be considered the local 

12 educational agency’s foundation payments for 

13 each succeeding fiscal year. 

14 ‘‘(D) INSUFFICIENT APPROPRIATIONS.—If 

15 the amount appropriated under section 3(c)(1) 

16 is insufficient to pay the full amount deter17 mined under this paragraph for all eligible local 

18 educational agencies for the fiscal year, then 

19 the Secretary shall ratably reduce the payment 

20 to each such local educational agency under this 

21 paragraph.’’; 

22 (C) by amending paragraph (2) to read as 

23 follows: 

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1 ‘‘(2) REMAINING FUNDS.—From any amounts 

2 remaining after making payments under paragraph 

3 (1) for the fiscal year involved, the Secretary shall— 

4 ‘‘(A) sum the amounts determined for all 

5 eligible local educational agencies under sub6 section (b)(2); 

7 ‘‘(B) determine each eligible local edu8 cational agency’s proportional share of the 

9 amount calculated under subparagraph (A); and 

10 ‘‘(C) pay each eligible local educational 

11 agency its share of the remaining funds based 

12 on the proportion calculated under subpara13 graph (B).’’; and 

14 (D) by striking paragraphs (3) and (4); 

15 (6) by repealing subsections (i) and (k); 

16 (7) by redesignating subsection (l) as subsection 

17 (i); 

18 (8) by amending subsection (i) (as so redesig19 nated) by striking ‘‘(h)(4)(B)’’ and inserting 

20 ‘‘(h)(2)’’; 

21 (9) by repealing subsection (m); and 

22 (10) by redesignating subsection (n) as sub23 section (j). 

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1 SEC. 303. PAYMENTS FOR ELIGIBLE FEDERALLY CON2 NECTED CHILDREN. 

3 (a) COMPUTATION OF PAYMENT.—Section 8003(a) 

4 (20 U.S.C. 7703(a)) is amended— 

5 (1) in the matter preceding subparagraph (A) 

6 of paragraph (1), by inserting after ‘‘schools of such 

7 agency’’ the following: ‘‘(including those children en8 rolled in such agency as a result of the open enroll9 ment policy of the State in which the agency is lo10 cated, but not including children who are enrolled in 

11 a distance education program at such agency and 

12 who are not residing within the geographic bound13 aries of such agency)’’; 

14 (2) in paragraph (4)— 

15 (A) in the heading, by striking ‘‘OR RE16 BUILDING’’ and inserting ‘‘, REBUILDING, OR

17 AUTHORIZED FOR DEMOLITION’’; 

18 (B) in subparagraph (A), by striking ‘‘or 

19 rebuilding’’ each place it appears and inserting 

20 ‘‘, rebuilding, or authorized for demolition by 

21 the Secretary of Defense or the head of another 

22 Federal agency’’; and 

23 (C) in subparagraph (B)— 

24 (i) by striking ‘‘or rebuilding’’ each 

25 place it appears and inserting ‘‘, rebuild26 ing, or authorized for demolition by the 

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1 Secretary of Defense or the head of an2 other Federal agency’’; and 

3 (ii) by striking ‘‘3 fiscal years’’ each 

4 place it appears and inserting ‘‘4 fiscal 

5 years (which are not required to run con6 secutively)’’; and 

7 (3) in paragraph (5)(A), by inserting after 

8 ‘‘1984,’’ the following: ‘‘or under lease of off-base 

9 property under subchapter IV of chapter 169 of title 

10 10, United States Code,’’. 

11 (b) BASIC SUPPORT PAYMENTS FOR HEAVILY IM12 PACTED LOCAL EDUCATIONAL AGENCIES.—Section 

13 8003(b) (20 U.S.C. 7703(b)) is amended— 

14 (1) by striking ‘‘section 8014(b)’’ each place it 

15 appears and inserting ‘‘section 3(c)(2)’’; 

16 (2) in paragraph (1), by repealing subpara17 graph (E); 

18 (3) in paragraph (2)— 

19 (A) in subparagraph (A), by inserting at 

20 the end the following: 

21 ‘‘(iii) The Secretary shall— 

22 ‘‘(I) deem each local educational 

23 agency that received a basic support 

24 payment under this paragraph for fis25 cal year 2009 as eligible to receive a 

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1 basic support payment under this 

2 paragraph for each of fiscal years 

3 2010, 2011, and 2012; and 

4 ‘‘(II) make a payment to each 

5 such local educational agency under 

6 this paragraph for each of fiscal years 

7 2010, 2011, and 2012.’’; and 

8 (B) in subparagraph (B)— 

9 (i) by striking ‘‘CONTINUING’’ in the 

10 heading; 

11 (ii) by amending clause (i) to read as 

12 follows: 

13 ‘‘(i) IN GENERAL.—A heavily im14 pacted local educational agency is eligible 

15 to receive a basic support payment under 

16 subparagraph (A) with respect to a num17 ber of children determined under sub18 section (a)(1) if the agency— 

19 ‘‘(I) is a local educational agen20 cy— 

21 ‘‘(aa) whose boundaries are 

22 the same as a Federal military 

23 installation or an island property 

24 designated by the Secretary of 

25 the Interior to be property that is 

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1 held in trust by the Federal Gov2 ernment; and 

3 ‘‘(bb) that has no taxing au4 thority; 

5 ‘‘(II) is a local educational agen6 cy that— 

7 ‘‘(aa) has an enrollment of 

8 children described in subsection 

9 (a)(1) that constitutes a percent10 age of the total student enroll11 ment of the agency that is not 

12 less than 45 percent; 

13 ‘‘(bb) has a per-pupil ex14 penditure that is less than— 

15 ‘‘(AA) for an agency 

16 that has a total student en17 rollment of 500 or more stu18 dents, 125 percent of the av19 erage per-pupil expenditure 

20 of the State in which the 

21 agency is located; or 

22 ‘‘(BB) for any agency 

23 that has a total student en24 rollment less than 500, 150 

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1 pupil expenditure of the 

2 State in which the agency is 

3 located; or the average per4 pupil expenditure of 3 or 

5 more comparable local edu6 cational agencies in the 

7 State in which the agency is 

8 located; and 

9 ‘‘(cc) is an agency that— 

10 ‘‘(AA) has a tax rate 

11 for general fund purposes 

12 that is not less than 95 per13 cent of the average tax rate 

14 for general fund purposes of 

15 comparable local educational 

16 agencies in the State; or 

17 ‘‘(BB) was eligible to 

18 receive a payment under this 

19 subsection for fiscal year 

20 2012 and is located in a 

21 State that by State law has 

22 eliminated ad valorem tax as 

23 a revenue for local edu24 cational agencies; 

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1 ‘‘(III) is a local educational agen2 cy that— 

3 ‘‘(aa) has an enrollment of 

4 children described in subsection 

5 (a)(1) that constitutes a percent6 age of the total student enroll7 ment of the agency that is not 

8 less than 20 percent; 

9 ‘‘(bb) for the 3 fiscal years 

10 preceding the fiscal year for 

11 which the determination is made, 

12 the average enrollment of chil13 dren who are not described in 

14 subsection (a)(1) and who are eli15 gible for a free or reduced price 

16 lunch under the Richard B. Rus17 sell National School Lunch Act 

18 constitutes a percentage of the 

19 total student enrollment of the 

20 agency that is not less than 65 

21 percent; and 

22 ‘‘(cc) has a tax rate for gen23 eral fund purposes which is not 

24 less than 125 percent of the aver25 age tax rate for general fund 

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1 purposes for comparable local 

2 educational agencies in the State; 

3 ‘‘(IV) is a local educational agen4 cy that has a total student enrollment 

5 of not less than 25,000 students, of 

6 which— 

7 ‘‘(aa) not less than 50 per8 cent are children described in 

9 subsection (a)(1); and 

10 ‘‘(bb) not less than 5,500 of 

11 such children are children de12 scribed in subparagraphs (A) and 

13 (B) of subsection (a)(1); or 

14 ‘‘(V) is a local educational agency 

15 that— 

16 ‘‘(aa) has an enrollment of 

17 children described in subsection 

18 (a)(1) including, for purposes of 

19 determining eligibility, those chil20 dren described in subparagraphs 

21 (F) and (G) of such subsection, 

22 that is not less than 35 percent 

23 of the total student enrollment of 

24 the agency; and 

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1 ‘‘(bb) was eligible to receive 

2 assistance under subparagraph 

3 (A) for fiscal year 2001.’’; and 

4 (iii) in clause (ii)— 

5 (I) by striking ‘‘A heavily’’ and 

6 inserting the following: ‘‘(I) IN GEN7 ERAL.—Subject to subclause (II), a 

8 heavily’’; and 

9 (II) adding at the end the fol10 lowing: 

11 ‘‘(II) LOSS OF ELIGIBILITY DUE

12 TO FALLING BELOW 95 PERCENT OF

13 THE AVERAGE TAX RATE FOR GEN14 ERAL FUND PURPOSES.—In a case of 

15 a heavily impacted local educational 

16 agency that fails to meet the require17 ments of clause (i) for a fiscal year by 

18 reason of having a tax rate for gen19 eral fund purposes that falls below 95 

20 percent of the average tax rate for 

21 general fund purposes of comparable 

22 local educational agencies in the 

23 State, subclause (I) shall be applied 

24 as if ‘and the subsequent fiscal year’ 

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1 were inserted before the period at the 

2 end.’’; 

3 (C) by striking subparagraph (C); 

4 (D) by redesignating subparagraphs (D) 

5 through (H) as subparagraphs (C) through (G), 

6 respectively; 

7 (E) in subparagraph (C) (as so redesig8 nated)— 

9 (i) in the heading, by striking ‘‘REG10 ULAR’’; 

11 (ii) by striking ‘‘Except as provided in 

12 subparagraph (E)’’ and inserting ‘‘Except 

13 as provided in subparagraph (D)’’; 

14 (iii) by amending subclause (I) of 

15 clause (ii) to read as follows: 

16 ‘‘(ii)(I)(aa) For a local educational 

17 agency with respect to which 35 percent or 

18 more of the total student enrollment of the 

19 schools of the agency are children de20 scribed in subparagraph (D) or (E) (or a 

21 combination thereof) of subsection (a)(1), 

22 and that has an enrollment of children de23 scribed in subparagraphs (A), (B), or (C) 

24 of such subsection equal to at least 10 per25 cent of the agency’s total enrollment, the 

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1 Secretary shall calculate the weighted stu2 dent units of those children described in 

3 subparagraph (D) or (E) of such sub4 section by multiplying the number of such 

5 children by a factor of 0.55. 

6 ‘‘(bb) Notwithstanding subitem (aa), a 

7 local educational agency that received a 

8 payment under this paragraph for fiscal 

9 year 2006 shall not be required to have an 

10 enrollment of children described in sub11 paragraphs (A), (B), or (C) of subsection 

12 (a)(1) equal to at least 10 percent of the 

13 agency’s total enrollment.’’; and 

14 (iv) by amending subclause (III) of 

15 clause (ii) by striking ‘‘(B)(i)(II)(aa)’’ and 

16 inserting ‘‘subparagraph (B)(i)(I)’’; 

17 (F) in subparagraph (D)(i)(II) (as so re18 designated), by striking ‘‘6,000’’ and inserting 

19 ‘‘5,500’’; 

20 (G) in subparagraph (E) (as so redesig21 nated)— 

22 (i) by striking ‘‘Secretary’’ and all 

23 that follows through ‘‘shall use’’ and in24 serting ‘‘Secretary shall use’’; 

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1 (ii) by striking ‘‘; and’’ and inserting 

2 a period; and 

3 (iii) by striking clause (ii); 

4 (H) in subparagraph (F) (as so redesig5 nated), by striking ‘‘subparagraph 

6 (C)(i)(II)(bb)’’ and inserting ‘‘subparagraph 

7 (B)(i)(II)(bb)’’; 

8 (I) in subparagraph (G) (as so redesig9 nated)— 

10 (i) in clause (i)— 

11 (I) by striking ‘‘subparagraph 

12 (B), (C), (D), or (E)’’ and inserting 

13 ‘‘subparagraph (B), (C), or (D)’’; 

14 (II) by striking ‘‘by reason of’’ 

15 and inserting ‘‘due to’’; 

16 (III) by inserting after ‘‘clause 

17 (iii)’’ the following ‘‘, or as the direct 

18 result of base realignment and closure 

19 or modularization as determined by 

20 the Secretary of Defense and force 

21 structure change or force relocation,’’; 

22 and 

23 (IV) by inserting before the pe24 riod, the following: ‘‘or during such 

25 time as activities associated with base 

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1 closure and realignment, 

2 modularization, force structure 

3 change, or force relocation are ongo4 ing’’; and 

5 (ii) in clause (ii), by striking ‘‘(D) or 

6 (E)’’ each place it appears and inserting 

7 ‘‘(C) or (D)’’; 

8 (4) in paragraph (3)— 

9 (A) in subparagraph (B)— 

10 (i) by striking clause (iii); and 

11 (ii) by inserting after clause (ii) the 

12 following: 

13 ‘‘(iii) In the case of a local educational 

14 agency that is providing a program of dis15 tance education to children not residing 

16 within the geographic boundaries of the 

17 agency, the Secretary shall— 

18 ‘‘(I) for purposes of the calcula19 tion under clause (i)(I), disregard 

20 such children from the total number 

21 of children in average daily attend22 ance at the schools served by such 

23 agency; and 

24 ‘‘(II) for purposes of the calcula25 tion under clause (i)(II), disregard 

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1 any funds received for such children 

2 from the total current expenditures 

3 for such agency.’’; 

4 (B) in subparagraph (C), by striking ‘‘sub5 paragraph (D) or (E) of paragraph (2), as the 

6 case may be’’ and inserting ‘‘paragraph 

7 (2)(D)’’; and 

8 (C) by amending subparagraph (D) to read 

9 as follows: 

10 ‘‘(D) RATABLE DISTRIBUTION.—For any 

11 fiscal year described in subparagraph (A) for 

12 which the sums available exceed the amount re13 quired to pay each local educational agency 100 

14 percent of its threshold payment, the Secretary 

15 shall distribute the excess sums to each eligible 

16 local educational agency that has not received 

17 its full amount computed under paragraph (1) 

18 or (2) (as the case may be) by multiplying— 

19 ‘‘(i) a percentage, the denominator of 

20 which is the difference between the full 

21 amount computed under paragraph (1) or 

22 (2) (as the case may be) for all local edu23 cational agencies and the amount of the 

24 threshold payment (as calculated under 

25 subparagraphs (B) and (C)) of all local 

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1 educational agencies, and the numerator of 

2 which is the aggregate of the excess sums, 

3 by; 

4 ‘‘(ii) the difference between the full 

5 amount computed under paragraph (1) or 

6 (2) (as the case may be) for the agency 

7 and the amount of the threshold payment 

8 as calculated under subparagraphs (B) and 

9 (C) of the agency.’’; and 

10 (D) by inserting at the end the following 

11 new subparagraphs: 

12 ‘‘(E) INSUFFICIENT PAYMENTS.—For each 

13 fiscal year described in subparagraph (A) for 

14 which the sums appropriated under section 

15 3(c)(2) are insufficient to pay each local edu16 cational agency all of the local educational 

17 agency’s threshold payment described in sub18 paragraph (D), the Secretary shall ratably re19 duce the payment to each local educational 

20 agency under this paragraph. 

21 ‘‘(F) INCREASES.—If the sums appro22 priated under section 3(c)(2) are sufficient to 

23 increase the threshold payment above the 100 

24 percent threshold payment described in sub25 paragraph (D), then the Secretary shall inmstockstill on DSK4VPTVN1PROD with BILLS

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1 crease payments on the same basis as such pay2 ments were reduced, except no local educational 

3 agency may receive a payment amount greater 

4 than 100 percent of the maximum payment cal5 culated under this subsection.’’; and 

6 (5) in paragraph (4)— 

7 (A) in subparagraph (A), by striking 

8 ‘‘through (D)’’ and inserting ‘‘and (C)’’; and 

9 (B) in subparagraph (B), by striking ‘‘sub10 paragraph (D) or (E)’’ and inserting ‘‘subpara11 graph (C) or (D)’’. 

12 (c) PRIOR YEAR DATA.—Paragraph (2) of section 

13 8003(c) (20 U.S.C. 7703(c)) is amended to read as fol14 lows: 

15 ‘‘(2) EXCEPTION.—Calculation of payments for 

16 a local educational agency shall be based on data 

17 from the fiscal year for which the agency is making 

18 an application for payment if such agency— 

19 ‘‘(A) is newly established by a State, for 

20 the 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 

4 100 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 

9 extent such children are civilian de10 pendents of employees of the Depart11 ment of Defense or the Department of 

12 Interior; and 

13 ‘‘(ii) that is the direct result of closure 

14 or realignment of military installations 

15 under the base closure process or the relo16 cation of members of the Armed Forces 

17 and civilian employees of the Department 

18 of Defense as part of the force structure 

19 changes or movements of units or per20 sonnel between military installations or be21 cause of actions initiated by the Secretary 

22 of the Interior or the head of another Fed23 eral agency; or 

24 ‘‘(C) was eligible to receive a payment 

25 under this section for the previous fiscal year 

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1 and has had an increase in enrollment (as de2 termined by the Secretary)— 

3 ‘‘(i) of not less than 10 percent of 

4 children described in subsection (a)(1) or 

5 not less than 100 of such children; and 

6 ‘‘(ii) that is the direct result of the 

7 closure of a local educational agency that 

8 received a payment under subsection (b)(1) 

9 or (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), 

18 the 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 

14 provided to a local educational agency under sub15 paragraph (A), (B), or C of paragraph (1) for a fis16 cal 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 

4 of 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 

9 the matter preceding paragraph (1) by striking ‘‘and shall 

10 contain 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(c)’’ 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 8003(b)(2) or is receiving basic support pay20 ments under circumstances described in section 

21 8003(b)(2)(B)(ii).’’; and 

22 (C) in paragraph (3), by striking ‘‘section 

23 8014(c)’’ 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(c)’’ 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 

7 the property in the agency is 

8 nontaxable due to the presence of 

9 the Federal Government.’’; and 

10 (ii) by adding at the end the fol11 lowing: 

12 ‘‘(F) LIMITATIONS ON ELIGIBILITY RE13 QUIREMENTS.—The Secretary shall not limit 

14 eligibility— 

15 ‘‘(i) under subparagraph (C)(i)(I)(aa), 

16 to those local educational agencies in which 

17 the number of children determined under 

18 section 8003(a)(1)(C) for each such agency 

19 for the preceding school year constituted 

20 more than 40 percent of the total student 

21 enrollment in the schools of each such 

22 agency during the preceding school year; 

23 and 

24 ‘‘(ii) under subparagraph (C)(i)(I)(cc), 

25 to those local educational agencies in which 

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1 more than 10 percent of the property in 

2 each such agency is nontaxable due to the 

3 presence of the Federal Government.’’; and 

4 (C) in paragraph (6)— 

5 (i) in the matter preceding subpara6 graph (A), by striking ‘‘in such manner, 

7 and accompanied by such information’’ 

8 and inserting ‘‘and in such manner’’; and 

9 (ii) by striking subparagraph (F). 

10 SEC. 307. FACILITIES. 

11 Section 8008 (20 U.S.C. 7708) is amended in sub12 section (a), by striking ‘‘section 8014(f)’’ and inserting 

13 ‘‘section 3(c)(5)’’. 

14 SEC. 308. STATE CONSIDERATION OF PAYMENTS PRO15 VIDING STATE AID. 

16 Section 8009(c)(1)(B) (20 U.S.C. 7709(c)(1)(B)) is 

17 amended by striking ‘‘and contain the information’’. 

18 SEC. 309. FEDERAL ADMINISTRATION. 

19 Section 8010 (20 U.S.C. 7710) is amended— 

20 (1) in subsection (c), by striking ‘‘paragraph 

21 (3)’’ each place it appears and inserting ‘‘paragraph 

22 (2)’’; and 

23 (2) by adding at the end the following new sub24 section: 

25 ‘‘(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 eligi3 ble to receive under this title not later than Sep4 tember 30 of the second fiscal year following the fis5 cal year for which such amount has been appro6 priated if, not later than 1 calendar year following 

7 the fiscal year in which such amount has been ap8 propriated, such local educational agency submits to 

9 the Secretary all the data and information necessary 

10 for the Secretary to pay the full amount that the 

11 agency is eligible to receive under this title for such 

12 fiscal year. 

13 ‘‘(2) PAYMENTS WITH RESPECT TO FISCAL

14 YEARS IN WHICH INSUFFICIENT FUNDS ARE APPRO15 PRIATED.—For a fiscal year in which the amount 

16 appropriated under section 3(c) is insufficient to pay 

17 the full amount a local educational agency is eligible 

18 to receive under this title, paragraph (1) shall be ap19 plied by substituting ‘is available to pay the agency’ 

20 for ‘the agency is eligible to receive’ each place it ap21 pears.’’. 

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1 SEC. 310. ADMINISTRATIVE HEARINGS AND JUDICIAL RE2 VIEW. 

3 Section 8011(a) (20 U.S.C. 7711(a)) is amended by 

4 striking ‘‘or under the Act’’ and all the follows through 

5 ‘‘1994)’’. 

6 SEC. 311. DEFINITIONS. 

7 Section 8013 is amended— 

8 (1) in paragraph (1), by striking ‘‘and Marine 

9 Corps’’ and inserting ‘‘Marine Corps, and Coast 

10 Guard’’; 

11 (2) in paragraph (4), by striking ‘‘and title VI’’; 

12 (3) in paragraph (5)(A)(iii)— 

13 (A) in subclause (II), by striking ‘‘Stewart 

14 B. McKinney Homeless Assistance Act’’ and in15 serting ‘‘McKinney-Vento Homeless Assistance 

16 Act (42 U.S.C. 114111 et seq.)’’; and 

17 (B) in subclause (III), by inserting before 

18 the semicolon, ‘‘(26 U.S.C. 4101 et seq.)’’; 

19 (4) in paragraph (8)(A), by striking and 

20 verified by and inserting ‘‘, and verified by,’’; and 

21 (5) in paragraph (9)(B), by inserting a comma 

22 before ‘‘on a case-by-case basis’’. 

23 SEC. 312. AUTHORIZATION OF APPROPRIATIONS. 

24 Section 8014 (20 U.S.C. 7801) is repealed. 

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1 SEC. 313. CONFORMING AMENDMENTS. 

2 (a) REPEAL.—Title IV (20 U.S.C. 7101 et seq.), as 

3 amended by section 201(b)(2) of the Student Success Act, 

4 is repealed. 

5 (b) TRANSFER AND REDESIGNATION.—Title VIII (20 

6 U.S.C. 7701 et seq.), as amended by this title, is trans7 ferred to and redesignated as title IV (20 U.S.C. 7101 

8 et seq.). 

9 (c) TITLE IV.—The heading relating to title IV of 

10 such Act (20 U.S.C. 7101 et seq.) is amended to read as 

11 follows: 

12 ‘‘TITLE IV—IMPACT AID’’. 

13 (d) TITLE VIII REFERENCES.—The Act (20 U.S.C. 

14 6301 et seq.) is amended— 

15 (1) by redesignating sections 8001 through 

16 8005 as sections 4001 through 4005, respectively; 

17 (2) by redesignating sections 8007 through 

18 8013 as sections 4007 through 4013, respectively; 

19 (3) by striking ‘‘section 8002’’ each place it ap20 pears and inserting ‘‘section 4002’’; 

21 (4) by striking ‘‘section 8002(b)’’ each place it 

22 appears and inserting ‘‘section 4002(b)’’; 

23 (5) by striking ‘‘section 8003’’ each place it ap24 pears and inserting ‘‘section 4003’’, respectively; 

25 (6) by striking ‘‘section 8003(a)’’ each place it 

26 appears and inserting ‘‘section 4003(a)’’; 

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1 (7) by striking ‘‘section 8003(a)(1)’’ each place 

2 it appears and inserting ‘‘section 4003(a)(1)’’; 

3 (8) by striking ‘‘section 8003(a)(1)(C)’’ each 

4 place it appears and inserting ‘‘section 

5 4003(a)(1)(C)’’; 

6 (9) by striking ‘‘section 8002(a)(2)’’ each place 

7 it appears and inserting ‘‘section 4002(a)(2)’’; 

8 (10) by striking ‘‘section 8003(b)’’ each place it 

9 appears and inserting ‘‘section 4003(b)’’; 

10 (11) by striking ‘‘section 8003(b)(1)’’ each 

11 place it appears and inserting ‘‘section 4003(b)(1)’’; 

12 (12) in section 4002(b)(1)(C), by striking ‘‘sec13 tion 8003(b)(1)(C)’’ and inserting ‘‘section 

14 4003(b)(1)(C)’’; 

15 (13) in section 4002(n)(1) (as so redesignated), 

16 by striking ‘‘section 8013(5)(C)(iii)’’ and inserting 

17 ‘‘section 4013(5)(C)(iii)’’; 

18 (14) in section 4005(b)(2) (as so redesig19 nated)— 

20 (A) by striking ‘‘or 8003’’ each place it ap21 pears and inserting ‘‘or 4003’’; and 

22 (B) in subsection (b)(2), by striking ‘‘sec23 tion 8004’’ and inserting ‘‘section 4004’’; and 

24 (C) in subsection (d)(2), by striking ‘‘sec25 tion 8003(e)’’ and inserting ‘‘section 4003(e)’’; 

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1 (15) in section 4007(a)(3)(A)(i) (as so redesig2 nated), by striking ‘‘section 8008(a)’’ and inserting 

3 ‘‘section 4008(a)’’; 

4 (16) in section 4007(a)(4) (as so redesignated), 

5 by striking ‘‘section 8013(3)’’ and inserting ‘‘section 

6 4013(3)’’; and 

7 (17) in section 4009 (as so redesignated)— 

8 (A) in subsection (b)(1)— 

9 (i) by striking ‘‘or 8003(b)’’ and in10 serting ‘‘or 4003(b)’’; 

11 (ii) by striking ‘‘section 

12 8003(a)(2)(B)’’ and inserting ‘‘section 

13 4003(a)(2)(B)’’; and 

14 (iii) by striking ‘‘section 8003(b)(2)’’ 

15 and inserting ‘‘section 4003(b)(2)’’; 

16 (B) by striking ‘‘section 8011(a)’’ each 

17 place it appears and inserting ‘‘section 

18 4011(a)’’; and 

19 (18) in section 8010(c)(2)(D) (as so redesig20 nated) by striking ‘‘section 8009(b)’’ and inserting 

21 ‘‘section 4009(b)’’. 

22 (e) REPEAL.—Title VIII of the Elementary and Sec23 ondary Education Act of 1965 is repealed. 

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1 TITLE IV—TROOPS-TO2 TEACHERS PROGRAM 

3 SEC. 401. TROOPS-TO-TEACHERS PROGRAM. 

4 (a) TRANSFER OF FUNCTIONS.—The responsibility 

5 and authority for operation and administration of the 

6 Troops-to-Teachers Program is transferred from the Sec7 retary of Education to the Secretary of Defense. 

8 (b) ENACTMENT AND MODIFICATION OF PROGRAM

9 AUTHORITY IN TITLE 10, UNITED STATES CODE.— 

10 (1) IN GENERAL.—Chapter 58 of title 10, 

11 United States Code, is amended by adding at the 

12 end the following new section: 

13 ‘‘SEC. 1154. ASSISTANCE TO ELIGIBLE MEMBERS TO OBTAIN 

14 EMPLOYMENT AS TEACHERS: TROOPS-TO15 TEACHERS PROGRAM. 

16 ‘‘(a) DEFINITIONS.—In this section: 

17 ‘‘(1) PROGRAM.—The term ‘Program’ means 

18 the Troops-to-Teachers Program authorized by this 

19 section. 

20 ‘‘(2) CHARTER SCHOOL.—The term ‘charter 

21 school’ has the meaning given that term in section 

22 5101 of the Elementary and Secondary Education 

23 Act of 1965 (20 U.S.C. 7221i). 

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1 ‘‘(3) MEMBER OF THE ARMED FORCES.—The 

2 term ‘member of the Armed Forces’ includes a 

3 former member of the Armed Forces. 

4 ‘‘(4) ADDITIONAL TERMS.—The terms ‘elemen5 tary school’, ‘local educational agency’, ‘secondary 

6 school’, and ‘State’ have the meanings given those 

7 terms in section 5101 of the Elementary and Sec8 ondary Education Act of 1965 (20 U.S.C. 7801). 

9 ‘‘(b) PROGRAM AUTHORIZATION.—The Secretary of 

10 Defense (in this section referred to as the ‘Secretary’) may 

11 carry out a program (to be known as the ‘Troops-to12 Teachers Program’)— 

13 ‘‘(1) to assist eligible members of the armed 

14 forces described in subsection (c) to obtain certifi15 cation or licensing as elementary school teachers, 

16 secondary school teachers, or career or technical 

17 teachers; and 

18 ‘‘(2) to facilitate the employment of such mem19 bers— 

20 ‘‘(A) by local educational agencies or pub21 lic charter schools that the Secretary of Edu22 cation identifies as— 

23 ‘‘(i) receiving grants under subpart 1 

24 of part A of title I of the Elementary and 

25 Secondary Education Act of 1965 (20 

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1 U.S.C. 6311 et seq.) as a result of having 

2 within their jurisdictions concentrations of 

3 children from low-income families; 

4 ‘‘(ii) experiencing a shortage of effec5 tive teachers, in particular a shortage of 

6 science, mathematics, special education, or 

7 career or technical teachers; or 

8 ‘‘(iii) a Bureau-funded school (as such 

9 term is defined in section 1141 of the Edu10 cation Amendments of 1978 (25 U.S.C. 

11 2021)); and 

12 ‘‘(B) in elementary schools or secondary 

13 schools, or as career or technical teachers. 

14 ‘‘(c) ELIGIBILITY AND APPLICATION PROCESS.— 

15 ‘‘(1) ELIGIBLE MEMBERS.—The following mem16 bers of the armed forces are eligible for selection to 

17 participate in the Program: 

18 ‘‘(A) Any member who— 

19 ‘‘(i) on or after October 1, 1999, be20 comes entitled to retired or retainer pay 

21 under this title or title 14; 

22 ‘‘(ii) has an approved date of retire23 ment that is within one year after the date 

24 on which the member submits an applica25 tion to participate in the Program; or 

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1 ‘‘(iii) transfers to the Retired Reserve. 

2 ‘‘(B) Any member who, on or after Janu3 ary 8, 2002— 

4 ‘‘(i)(I) is separated or released from 

5 active duty after 4 or more years of contin6 uous active duty immediately before the 

7 separation or release; or 

8 ‘‘(II) has completed a total of at 

9 least ten years of active duty service, 

10 10 years of service computed under 

11 section 12732 of this title, or 10 years 

12 of any combination of such service; 

13 and 

14 ‘‘(ii) executes a reserve commitment 

15 agreement for a period of not less than 3 

16 years under paragraph (5)(B). 

17 ‘‘(C) Any member who, on or after Janu18 ary 8, 2002, is retired or separated for physical 

19 disability under chapter 61 of this title. 

20 ‘‘(2) SUBMITTAL OF APPLICATIONS.—(A) Selec21 tion of eligible members of the armed forces to par22 ticipate in the Program shall be made on the basis 

23 of applications submitted to the Secretary. An appli24 cation shall be in such form as the Secretary may 

25 require. 

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1 ‘‘(B) An application may be considered to 

2 be submitted on a timely basis under subpara3 graph (A)(i), (B), or (C) of paragraph (1) if the 

4 application is submitted not later than 4 years 

5 after the date on which the member is retired 

6 or separated or released from active duty, 

7 whichever applies to the member. 

8 ‘‘(3) SELECTION CRITERIA; EDUCATIONAL

9 BACKGROUND REQUIREMENTS AND HONORABLE

10 SERVICE REQUIREMENT.—(A) Subject to subpara11 graph (B), the Secretary shall prescribe the criteria 

12 to be used to select eligible members of the armed 

13 forces to participate in the Program. 

14 ‘‘(B) A member of the armed forces is eli15 gible to participate in the Program only if the 

16 member’s last period of service in the armed 

17 forces was honorable, as characterized by the 

18 Secretary concerned. A member selected to par19 ticipate in the Program before the retirement of 

20 the member or the separation or release of the 

21 member from active duty may continue to par22 ticipate in the Program after the retirement, 

23 separation, or release only if the member’s last 

24 period of service is characterized as honorable 

25 by the Secretary concerned. 

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1 ‘‘(4) SELECTION PRIORITIES.—In selecting eli2 gible members of the armed forces to receive assist3 ance under the Program, the Secretary shall give 

4 priority to members who— 

5 ‘‘(A) have educational or military experi6 ence in science, mathematics, special education, 

7 or career and technical subjects; and 

8 ‘‘(B) agree to seek employment as science, 

9 mathematics, or special education teachers in 

10 elementary schools or secondary schools or in 

11 other schools under the jurisdiction of a local 

12 educational agency. 

13 ‘‘(5) OTHER CONDITIONS ON SELECTION.—(A) 

14 The Secretary may not select an eligible member of 

15 the armed forces to participate in the Program and 

16 receive financial assistance unless the Secretary has 

17 sufficient appropriations for the Program available 

18 at the time of the selection to satisfy the obligations 

19 to be incurred by the United States under subsection 

20 (d) with respect to the member. 

21 ‘‘(B) The Secretary may not select an eli22 gible member of the armed forces described in 

23 paragraph (1)(B)(i) to participate in the Pro24 gram under this section and receive financial 

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1 ber executes a written agreement to serve as a 

2 member of the Selected Reserve of a reserve 

3 component of the armed forces for a period of 

4 not less than 3 years (in addition to any other 

5 reserve commitment the member may have). 

6 ‘‘(d) PARTICIPATION AGREEMENT AND FINANCIAL

7 ASSISTANCE.— 

8 ‘‘(1) PARTICIPATION AGREEMENT.—(A) An eli9 gible member of the armed forces selected to partici10 pate in the Program under subsection (c) and re11 ceive financial assistance under this subsection shall 

12 be required to enter into an agreement with the Sec13 retary in which the member agrees— 

14 ‘‘(i) within such time as the Secretary 

15 may require, to obtain certification or li16 censing as an elementary school teacher, 

17 secondary school teacher, or career and 

18 technical teacher; and 

19 ‘‘(ii) to accept an offer of full-time 

20 employment as an elementary school teach21 er, secondary school teacher, or career and 

22 technical teacher for not less than three 

23 school years with a local educational agen24 cy receiving grants under subpart 1 of part 

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1 ondary Education Act of 1965 (20 

2 U.S.C.6311 et seq.) or a Bureau-funded 

3 school (as such term is defined in section 

4 1141 of the Education Amendments of 

5 1978 (25 U.S.C. 11 2021)). 

6 ‘‘(B) The Secretary may waive the three7 year commitment described in subparagraph 

8 (A)(ii) for a participant if the Secretary deter9 mines the waiver to be appropriate. If the Sec10 retary provides the waiver, the participant shall 

11 not be considered to be in violation of the 

12 agreement and shall not be required to provide 

13 reimbursement under subsection (e), for failure 

14 to meet the three-year commitment. 

15 ‘‘(2) VIOLATION OF PARTICIPATION AGREE16 MENT; EXCEPTIONS.—A participant in the Program 

17 shall not be considered to be in violation of the par18 ticipation agreement entered into under paragraph 

19 (1) during any period in which the participant— 

20 ‘‘(A) is pursuing a full-time course of 

21 study related to the field of teaching at an in22 stitution 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 

12 a 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 sec18 tion a stipend in an amount of not more than 

19 $5,000. 

20 ‘‘(B) The total number of stipends that 

21 may be paid under subparagraph (A) in any fis22 cal year may not exceed 5,000. 

23 ‘‘(4) BONUS FOR PARTICIPANTS.—(A) Subject 

24 to subparagraph (B), the Secretary may, in lieu of 

25 paying a stipend under paragraph (3), pay a bonus 

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1 of $10,000 to a participant in the Program selected 

2 under this section who agrees in the participation 

3 agreement under paragraph (1) to accept full-time 

4 employment as an elementary school teacher, sec5 ondary school teacher, or career and technical teach6 er for not less than 3 school years in a high-need 

7 school. 

8 ‘‘(B) The total number of bonuses that 

9 may be paid under subparagraph (A) in any fis10 cal year may not exceed 3,000. 

11 ‘‘(C) For purposes of subparagraph (A), 

12 the term ‘high-need school’ means a public ele13 mentary school, public secondary school, or 

14 public charter school that meets one or more of 

15 the following criteria: 

16 ‘‘(i) At least 50 percent of the stu17 dents enrolled in the school were from low18 income families (as described in subsection 

19 (b)(2)(A)(i)). 

20 ‘‘(ii) The school has a large percent21 age of students who qualify for assistance 

22 under part B of the Individuals with Dis23 abilities Education Act (20 U.S.C. 1411 et 

24 seq.). 

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1 ‘‘(5) TREATMENT OF STIPEND AND BONUS.—A 

2 stipend or bonus paid under this subsection to a 

3 participant in the Program shall be taken into ac4 count in determining the eligibility of the participant 

5 for Federal student financial assistance provided 

6 under title IV of the Higher Education Act of 1965 

7 (20 U.S.C. 1070 et seq.). 

8 ‘‘(e) REIMBURSEMENT UNDER CERTAIN CIR9 CUMSTANCES.— 

10 ‘‘(1) REIMBURSEMENT REQUIRED.—A partici11 pant in the Program who is paid a stipend or bonus 

12 under subsection (d) shall be required to repay the 

13 stipend or bonus under the following circumstances: 

14 ‘‘(A) The participant fails to obtain teach15 er certification or licensing or to obtain employ16 ment as an elementary school teacher, sec17 ondary school teacher, or career and technical 

18 teacher as required by the participation agree19 ment under subsection (d)(1). 

20 ‘‘(B) The participant voluntarily leaves, or 

21 is terminated for cause from, employment as an 

22 elementary school teacher, secondary school 

23 teacher, or career and technical teacher during 

24 the 3 years of required service in violation of 

25 the participation agreement. 

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1 ‘‘(C) The participant executed a written 

2 agreement with the Secretary concerned under 

3 subsection (c)(5)(B) to serve as a member of a 

4 reserve component of the armed forces for a pe5 riod of 3 years and fails to complete the re6 quired term of service. 

7 ‘‘(2) AMOUNT OF REIMBURSEMENT.—A partici8 pant required to reimburse the Secretary for a sti9 pend or bonus paid to the participant under sub10 section (d) shall pay an amount that bears the same 

11 ratio to the amount of the stipend or bonus as the 

12 unserved portion of required service bears to the 

13 three years of required service. Any amount owed by 

14 the participant shall bear interest at the rate equal 

15 to the highest rate being paid by the United States 

16 on the day on which the reimbursement is deter17 mined to be due for securities having maturities of 

18 90 days or less and shall accrue from the day on 

19 which the participant is first notified of the amount 

20 due. 

21 ‘‘(3) TREATMENT OF OBLIGATION.—The obliga22 tion to reimburse the Secretary under this sub23 section is, for all purposes, a debt owing the United 

24 States. A discharge in bankruptcy under title 11 

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1 shall not release a participant from the obligation to 

2 reimburse the Secretary under this subsection. 

3 ‘‘(4) EXCEPTIONS TO REIMBURSEMENT RE4 QUIREMENT.—A participant shall be excused from 

5 reimbursement under this subsection if the partici6 pant becomes permanently totally disabled as estab7 lished by sworn affidavit of a qualified physician. 

8 The Secretary may also waive the reimbursement in 

9 cases of extreme hardship to the participant, as de10 termined by the Secretary. 

11 ‘‘(f) RELATIONSHIP TO EDUCATIONAL ASSISTANCE

12 UNDER MONTGOMERY GI BILL.—The receipt by a partic13 ipant in the Program of a stipend or bonus under this 

14 subsection (d) shall not reduce or otherwise affect the enti15 tlement of the participant to any benefits under chapter 

16 30 or 33 of title 38 or chapter 1606 of this title. 

17 ‘‘(g) PARTICIPATION BY STATES.— 

18 ‘‘(1) DISCHARGE OF STATE ACTIVITIES

19 THROUGH CONSORTIA OF STATES.—The Secretary 

20 may permit States participating in the Program to 

21 carry out activities authorized for such States under 

22 the Program through one or more consortia of such 

23 States. 

24 ‘‘(2) ASSISTANCE TO STATES.—(A) Subject to 

25 subparagraph (B), the Secretary may make grants 

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1 to States participating in the Program, or to con2 sortia of such States, in order to permit such States 

3 or consortia of States to operate offices for purposes 

4 of recruiting eligible members of the armed forces 

5 for participation in the Program and facilitating the 

6 employment of participants in the Program as ele7 mentary school teachers, secondary school teachers, 

8 and career and technical teachers. 

9 ‘‘(B) The total amount of grants made 

10 under subparagraph (A) in any fiscal year may 

11 not exceed $5,000,000. 

12 ‘‘(h) COUNSELING AND REFERRAL SERVICES.—The 

13 Secretary may provide counseling and referral services to 

14 members of the Armed Forces who meet the criteria de15 scribed in subsection (c), including those members who are 

16 not eligible for assistance under paragraphs (3) and (4) 

17 of subsection (d).’’. 

18 (2) CLERICAL AMENDMENT.—The table of sec19 tions at the beginning of chapter 58 of such title is 

20 amended by adding at the end the following new 

21 item: 

‘‘1154. Assistance to eligible members to obtain employment as teachers: 

Troops-to-Teachers Program’’. 

22 (3) CONFORMING AMENDMENT.—Section 

23 1142(b) (4)(C) of such title is amended by striking 

24 ‘‘under sections 1152 and 1153 of this title and the 

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1 Troops-to-Teachers Program under section 2302 of 

2 the Elementary and Secondary Education Act of 

3 1965 (20 U.S.C. 6672)’’ and inserting ‘‘under sec4 tions 1152, 1153, and 1154 of this title’’. 

5 TITLE V—REPEAL 

6 SEC. 501. REPEAL OF TITLE VI. 

7 The Act is amended by striking title VI (20 U.S.C. 

8 7301 et seq.). 

9 TITLE VI—HOMELESS 

10 EDUCATION 

11 SEC. 601. STATEMENT OF POLICY. 

12 Section 721 of the McKinney-Vento Homeless Assist13 ance Act (42 U.S.C. 11431) is amended— 

14 (1) by amending paragraph (2) to read as fol15 lows: 

16 ‘‘(2) In any State where compulsory residency 

17 requirements or other requirements, laws, regula18 tions, practices, or policies may act as a barrier to 

19 the identification, enrollment, attendance, or success 

20 in school of homeless children and youths, the State 

21 and local educational agencies will review and under22 take steps to revise such laws, regulations, practices, 

23 or policies to ensure that homeless children and 

24 youths are afforded the same free, appropriate pubmstockstill on DSK4VPTVN1PROD with BILLS

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1 lic education as is provided to other children and 

2 youths.’’; 

3 (2) in paragraph (3), by striking ‘‘alone’’; and 

4 (3) in paragraph (4), by striking ‘‘challenging 

5 State student academic achievement’’ and inserting 

6 ‘‘State academic’’. 

7 SEC. 602. GRANTS FOR STATE AND LOCAL ACTIVITIES FOR 

8 THE EDUCATION OF HOMELESS CHILDREN 

9 AND YOUTHS. 

10 Section 722 of such Act (42 U.S.C. 11432) is amend11 ed— 

12 (1) in subsection (a), by striking ‘‘(g).’’ and in13 serting ‘‘(h).’’; 

14 (2) by striking subsection (b); 

15 (3) in subsection (c)— 

16 (A) in paragraph (1)(A)— 

17 (i) in clause (i), by adding ‘‘or’’ at the 

18 end; 

19 (ii) in clause (ii), by striking ‘‘;or’’ a 

20 the end and inserting a period; and 

21 (iii) by striking clause (iii); and 

22 (B) by striking paragraph (3); 

23 (4) in subsection (d)— 

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

2 by striking ‘‘Grants’’ and inserting ‘‘Grant 

3 funds from a grant made to a State’’; 

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

5 follows: 

6 ‘‘(2) To provide services and activities to im7 prove the identification of homeless children (includ8 ing preschool-aged homeless children and youths) 

9 that enable such children and youths to enroll in, at10 tend, and succeed in school, or, if appropriate, in 

11 preschool programs.’’; 

12 (C) in paragraph (3), by inserting before 

13 the period at the end the following: ‘‘that can 

14 sufficiently carry out the duties described in 

15 this subtitle’’; 

16 (D) by amending paragraph (5) to read as 

17 follows: 

18 ‘‘(5) To develop and implement professional de19 velopment programs for liaisons designated under 

20 subsection (g)(1)(J)(ii) and other local educational 

21 agency personnel— 

22 ‘‘(A) to improve their identification of 

23 homeless children and youths; and 

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1 ‘‘(B) to heighten their awareness of, and 

2 capacity to respond to, specific needs in the 

3 education of homeless children and youths.’’. 

4 (5) in subsection (e)— 

5 (A) by amending paragraph (1) to read as 

6 follows: 

7 ‘‘(1) MINIMUM DISBURSEMENTS BY STATES.— 

8 From the grant funds made available each year to 

9 a State under subsection (a) to carry out this sub10 title, the State educational agency— 

11 ‘‘(A) may use not more that 20 percent of 

12 the State’s allocation under subsection (c)(1) 

13 for State-level activities; and 

14 ‘‘(B) shall use the remainder of the State’s 

15 allocation after using amounts for State-level 

16 activities under subparagraph (A) to award sub17 grants to local educational agencies for the pur18 poses of carrying out section 723.’’; 

19 (B) in paragraph (2), by striking ‘‘under 

20 this subtitle’’ and inserting ‘‘under paragraph 

21 (1)(A)’’; and 

22 (C) in paragraph (3)— 

23 (i) in subparagraph (C)(iv)(II), by 

24 striking ‘‘sections 1111 and 1116’’ and in25 serting ‘‘section 1111’’; 

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1 (ii) in subparagraph (F)— 

2 (I) in clause (i)— 

3 (aa) in the matter preceding 

4 subclause (I), by striking ‘‘a re5 port’’ and inserting ‘‘an annual 

6 report’’; 

7 (bb) by striking ‘‘and’’ at 

8 the end of subclause (II); 

9 (cc) by adding ‘‘and’’ at the 

10 end of subclause (III); and 

11 (dd) by adding at the end 

12 the following: 

13 ‘‘(IV) the progress the separate 

14 schools are making in helping all stu15 dents meet the State academic stand16 ards.’’; and 

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

18 ‘‘Not later than 2 years after the date 

19 of enactment of the McKinney-Vento 

20 Homeless Education Assistance Im21 provements Act of 2001, the’’ and in22 serting ‘‘The’’; 

23 (6) by amending subsection (f) to read as fol24 lows: 

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1 ‘‘(f) FUNCTIONS OF THE OFFICE OF COORDI2 NATOR.—The Coordinator for Education of Homeless 

3 Children and Youths established in each State shall— 

4 ‘‘(1) gather and make publically available reli5 able, valid, and comprehensive information on— 

6 ‘‘(A) the number of homeless children and 

7 youths identified in the State, posted annually 

8 on the State educational agency’s website; 

9 ‘‘(B) the nature and extent of the problems 

10 homeless children and youths have in gaining 

11 access to public preschool programs and to pub12 lic elementary schools and secondary schools; 

13 ‘‘(C) the difficulties in identifying the spe14 cial needs and barriers to the participation and 

15 achievement of such children and youths; 

16 ‘‘(D) any progress made by the State edu17 cational agency and local educational agencies 

18 in the State in addressing such problems and 

19 difficulties; and 

20 ‘‘(E) the success of the programs under 

21 this subtitle in identifying homeless children 

22 and youths and allowing such children and 

23 youths to enroll in, attend, and succeed in, 

24 school; 

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1 ‘‘(2) develop and carry out the State plan de2 scribed in subsection (g); 

3 ‘‘(3) collect data for and transmit to the Sec4 retary, at such time and in such manner as the Sec5 retary may require, a report containing information 

6 necessary to assess the educational needs of home7 less children and youths within the State, including 

8 data necessary for the Secretary to fulfill the respon9 sibilities under section 724(h); 

10 ‘‘(4) in order to improve the provision of com11 prehensive education and related support services to 

12 homeless children and youths and their families, co13 ordinate and collaborate with— 

14 ‘‘(A) educators, including teachers, special 

15 education personnel, administrators, and child 

16 development and preschool program personnel; 

17 ‘‘(B) providers of services to homeless chil18 dren and youths and their families, including 

19 services of public and private child welfare and 

20 social services agencies, law enforcement agen21 cies, juvenile and family courts, agencies pro22 viding mental health services, domestic violence 

23 agencies, child care providers, runaway and 

24 homeless youth centers, and providers of serv25 ices and programs funded under the Runaway 

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1 and Homeless Youth Act (42 U.S.C. 5701 et 

2 seq.); 

3 ‘‘(C) providers of emergency, transitional, 

4 and permanent housing to homeless children 

5 and youths, and their families, including public 

6 housing agencies, shelter operators, operators of 

7 transitional housing facilities, and providers of 

8 transitional living programs for homeless 

9 youths; 

10 ‘‘(D) local educational agency liaisons des11 ignated under subsection (g)(1)(J)(ii) for home12 less children and youths; and 

13 ‘‘(E) community organizations and groups 

14 representing homeless children and youths and 

15 their families; 

16 ‘‘(5) provide technical assistance to local edu17 cational agencies, in coordination with local edu18 cational agency liaisons designated under subsection 

19 (g)(1)(J)(ii), to ensure that local educational agen20 cies comply with the requirements of subsection 

21 (e)(3), paragraphs (3) through (7) of subsection (g), 

22 and subsection (h); 

23 ‘‘(6) provide professional development opportu24 nities for local educational agency personnel and the 

25 homeless liaison designated under subsection 

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1 (g)(1)(J)(ii) to assist such personnel in meeting the 

2 needs of homeless children and youths; and 

3 ‘‘(7) respond to inquiries from parents and 

4 guardians of homeless children and youths and un5 accompanied youths to ensure that each child or 

6 youth who is the subject of such an inquiry receives 

7 the full protections and services provided by this 

8 subtitle.’’; 

9 (7) by amending subsection (g) to read as fol10 lows: 

11 ‘‘(g) STATE PLAN.— 

12 ‘‘(1) IN GENERAL.—In order to be eligible to 

13 receive a grant under this section, each State edu14 cational agency shall submit to the Secretary a plan 

15 to provide for the education of homeless children 

16 and youths within the State that includes the fol17 lowing: 

18 ‘‘(A) A description of how such children 

19 and youths are (or will be) given the oppor20 tunity to meet the same State academic stand21 ards that all students are expected to meet. 

22 ‘‘(B) A description of the procedures the 

23 State educational agency will use to identify 

24 such children and youths in the State and to 

25 assess their needs. 

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1 ‘‘(C) A description of procedures for the 

2 prompt resolution of disputes regarding the 

3 educational placement of homeless children and 

4 youths. 

5 ‘‘(D) A description of programs for school 

6 personnel (including liaisons, school leaders, at7 tendance officers, teachers, enrollment per8 sonnel, and specialized instructional support 

9 personnel) to heighten the awareness of such 

10 personnel of the specific needs of homeless ado11 lescents, including runaway and homeless 

12 youths. 

13 ‘‘(E) A description of procedures that en14 sure that homeless children and youths who 

15 meet the relevant eligibility criteria are able to 

16 participate in Federal, State, or local nutrition 

17 programs. 

18 ‘‘(F) A description of procedures that en19 sure that— 

20 ‘‘(i) homeless children have equal ac21 cess to public preschool programs, adminis22 tered by the State educational agency or 

23 local educational agency, as provided to 

24 other children in the State; 

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1 ‘‘(ii) homeless youths and youths sep2 arated from public schools are identified 

3 and accorded equal access to appropriate 

4 secondary education and support services; 

5 and 

6 ‘‘(iii) homeless children and youth 

7 who meet the relevant eligibility criteria 

8 are able to participate in Federal, State, or 

9 local education programs. 

10 ‘‘(G) Strategies to address problems identi11 fied in the report provided to the Secretary 

12 under subsection (f)(3). 

13 ‘‘(H) Strategies to address other problems 

14 with respect to the education of homeless chil15 dren and youths, including problems resulting 

16 from enrollment delays that are caused by— 

17 ‘‘(i) immunization and other health 

18 records requirements; 

19 ‘‘(ii) residency requirements; 

20 ‘‘(iii) lack of birth certificates, school 

21 records, or other documentation; 

22 ‘‘(iv) guardianship issues; or 

23 ‘‘(v) uniform or dress code require24 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 

5 identification, enrollment, and retention of 

6 homeless children and youths in schools in the 

7 State. 

8 ‘‘(J) Assurances that the following will be 

9 carried out: 

10 ‘‘(i) The State educational agency and 

11 local educational agencies in the State will 

12 adopt policies and practices to ensure that 

13 homeless children and youths are not stig14 matized or segregated on the basis of their 

15 status as homeless. 

16 ‘‘(ii) Local educational agencies will 

17 designate an appropriate staff person, who 

18 may also be a coordinator for other Fed19 eral programs, as a local educational agen20 cy liaison for homeless children and 

21 youths, to carry out the duties described in 

22 paragraph (6)(A). 

23 ‘‘(iii) The State and its local edu24 cational agencies will adopt policies and 

25 practices to ensure that transportation is 

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1 provided, at the request of the parent or 

2 guardian (or in the case of an unaccom3 panied youth, the liaison), to and from the 

4 school of origin, as determined in para5 graph (3)(A), in accordance with the fol6 lowing, as applicable: 

7 ‘‘(I) If the homeless child or 

8 youth continues to live in the area 

9 served by the local educational agency 

10 in which the school of origin is lo11 cated, the child’s or youth’s transpor12 tation to and from the school of origin 

13 shall be provided or arranged by the 

14 local educational agency in which the 

15 school of origin is located. 

16 ‘‘(II) If the homeless child’s or 

17 youth’s living arrangements in the 

18 area served by the local educational 

19 agency of origin terminate and the 

20 child or youth, though continuing his 

21 or her education in the school of ori22 gin, begins living in an area served by 

23 another local educational agency, the 

24 local educational agency of origin and 

25 the local educational agency in which 

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1 the homeless child or youth is living 

2 shall agree upon a method to appor3 tion the responsibility and costs for 

4 providing the child with transpor5 tation to and from the school of ori6 gin. If the local educational agencies 

7 are unable to agree upon such meth8 od, the responsibility and costs for 

9 transportation shall be shared equally. 

10 ‘‘(2) COMPLIANCE.— 

11 ‘‘(A) IN GENERAL.—Each plan adopted 

12 under this subsection shall also describe how 

13 the State will ensure that local educational 

14 agencies in the State will comply with the re15 quirements of paragraphs (3) through (7). 

16 ‘‘(B) COORDINATION.—Such plan shall in17 dicate what technical assistance the State will 

18 furnish to local educational agencies and how 

19 compliance efforts will be coordinated with the 

20 local educational agency liaisons designated 

21 under paragraph (1)(J)(ii). 

22 ‘‘(3) LOCAL EDUCATIONAL AGENCY REQUIRE23 MENTS.— 

24 ‘‘(A) IN GENERAL.—The local educational 

25 agency serving each child or youth to be asmstockstill on DSK4VPTVN1PROD with BILLS

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1 sisted under this subtitle shall, according to the 

2 child’s or youth’s best interest— 

3 ‘‘(i) continue the child’s or youth’s 

4 education in the school of origin for the 

5 duration of homelessness— 

6 ‘‘(I) in any case in which a fam7 ily becomes homeless between aca8 demic years or during an academic 

9 year; or 

10 ‘‘(II) for the remainder of the 

11 academic year, if the child or youth 

12 becomes permanently housed during 

13 an academic year; or 

14 ‘‘(ii) enroll the child or youth in any 

15 public school that nonhomeless students 

16 who live in the attendance area in which 

17 the child or youth is actually living are eli18 gible to attend. 

19 ‘‘(B) SCHOOL STABILITY.—In determining 

20 the best interest of the child or youth under 

21 subparagraph (A), the local educational agency 

22 shall— 

23 ‘‘(i) presume that keeping the child or 

24 youth in the school of origin is in the child 

25 or youth’s best interest, except when doing 

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1 so is contrary to the wishes of the child’s 

2 or youth’s parent or guardian, or the unac3 companied youth; 

4 ‘‘(ii) consider student-centered factors 

5 related to the child’s or youth’s best inter6 est, including factors related to the impact 

7 of mobility on achievement, education, 

8 health, and safety of homeless children and 

9 youth, giving priority to the wishes of the 

10 homeless child’s or youth’s parent of 

11 guardian or the unaccompanied youth in12 volved; 

13 ‘‘(iii) if, after conducting the best in14 terest determination based on consider15 ation of the presumption in clause (i) and 

16 the student-centered factors in clause (ii), 

17 the local educational agency determines 

18 that it is not in the child’s or youth’s best 

19 interest to attend the school of origin or 

20 the school requested by the parent, guard21 ian, or unaccompanied youth, provide the 

22 child’s or youth’s parent or guardian or 

23 the unaccompanied youth with a written 

24 explanation of the reasons for its deter25 mination, in a manner and form undermstockstill on DSK4VPTVN1PROD with BILLS

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1 standable to such parent, guardian, or un2 accompanied youth, including information 

3 regarding the right to appeal under sub4 paragraph (E); and 

5 ‘‘(iv) in the case of an unaccompanied 

6 youth, ensure that the homeless liaison 

7 designated under paragraph (1)(J)(ii) as8 sists in placement or enrollment decisions 

9 under this subparagraph, gives priority to 

10 the views of such unaccompanied youth, 

11 and provides notice to such youth of the 

12 right to appeal under subparagraph (E). 

13 ‘‘(C) ENROLLMENT.— 

14 ‘‘(i) IN GENERAL.—The school se15 lected in accordance with this paragraph 

16 shall immediately enroll the homeless child 

17 or youth, even if the child or youth— 

18 ‘‘(I) is unable to produce records 

19 normally required for enrollment, such 

20 as previous academic records, records 

21 of immunization and other required 

22 health records, proof of residency, or 

23 other documentation; or 

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1 ‘‘(II) has missed application or 

2 enrollment deadlines during any pe3 riod of homelessness. 

4 ‘‘(ii) RELEVANT ACADEMIC

5 RECORDS.—The enrolling school shall im6 mediately contact the school last attended 

7 by the child or youth to obtain relevant 

8 academic and other records. 

9 ‘‘(iii) RELEVANT HEALTH RECORDS.— 

10 If the child or youth needs to obtain immu11 nizations or other required health records, 

12 the enrolling school shall immediately refer 

13 the parent or guardian of the child or 

14 youth, or the unaccompanied child or 

15 youth, to the local educational agency liai16 son designated under paragraph (1)(J)(ii), 

17 who shall assist in obtaining necessary im18 munizations or screenings, or immuniza19 tion or other required health records, in 

20 accordance with subparagraph (D). 

21 ‘‘(iv) NO LIABILITY.—Whenever the 

22 school selected enrolls an unaccompanied 

23 youth in accordance with this paragraph, 

24 no liability shall be imposed upon the 

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1 school by reason of enrolling the youth 

2 without parent or guardian consent. 

3 ‘‘(D) RECORDS.— 

4 ‘‘(i) IN GENERAL.—Any record ordi5 narily kept by the school, including immu6 nization or other required health records, 

7 academic records, birth certificates, guard8 ianship records, and evaluations for special 

9 services or programs, regarding each 

10 homeless child or youth shall be main11 tained— 

12 ‘‘(I) so that the records involved 

13 are available, in a timely fashion, 

14 when a child or youth enters a new 

15 school or school district; and 

16 ‘‘(II) in a manner consistent with 

17 section 444 of the General Education 

18 Provisions Act (20 U.S.C. 1232g). 

19 ‘‘(E) ENROLLMENT DISPUTES.—If a dis20 pute arises over school selection or enrollment 

21 in a school— 

22 ‘‘(i) the child or youth shall be imme23 diately enrolled in the school in which en24 rollment is sought, pending final resolution 

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1 of the dispute, including all available ap2 peals; 

3 ‘‘(ii) the parent, guardian, or unac4 companied youth shall be provided with a 

5 written explanation of any decisions made 

6 by the school, the local educational agency, 

7 or the State educational agency involved, 

8 including the rights of the parent, guard9 ian, or youth to appeal such decisions; 

10 ‘‘(iii) the parent, guardian, or unac11 companied youth shall be referred to the 

12 local educational agency liaison designated 

13 under paragraph (1)(J)(ii), who shall carry 

14 out the dispute resolution process as de15 scribed in paragraph (1)(C) as expedi16 tiously as possible after receiving notice of 

17 the dispute; and 

18 ‘‘(iv) in the case of an unaccompanied 

19 youth, the liaison shall ensure that the 

20 youth is immediately enrolled in school in 

21 which the youth seeks enrollment pending 

22 resolution of such dispute. 

23 ‘‘(F) PLACEMENT CHOICE.—The choice re24 garding placement shall be made regardless of 

25 whether the child or youth lives with the homemstockstill on DSK4VPTVN1PROD with BILLS

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1 less parents or has been temporarily placed 

2 elsewhere. 

3 ‘‘(G) SCHOOL OF ORIGIN DEFINED.— 

4 ‘‘(i) IN GENERAL.—In this paragraph, 

5 the term ‘school of origin’ means the 

6 school that a child or youth attended when 

7 permanently housed or the school in which 

8 the child or youth was last enrolled. 

9 ‘‘(ii) RECEIVING SCHOOL.—When the 

10 child or youth completes the final grade 

11 level served by the school of origin, as de12 scribed in clause (i), the term ‘‘school of 

13 origin’’ shall include the designated receiv14 ing school at the next grade level for all 

15 feeder schools. 

16 ‘‘(H) CONTACT INFORMATION.—Nothing 

17 in this subtitle shall prohibit a local educational 

18 agency from requiring a parent or guardian of 

19 a homeless child to submit contact information. 

20 ‘‘(I) PRIVACY.—Information about a home21 less child’s or youth’s living situation shall be 

22 treated as a student education record under 

23 section 444 of the General Education Provi24 sions Act (20 U.S.C. 1232g) and shall not be 

25 released to housing providers, employers, law 

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1 enforcement personnel, or other persons or 

2 agencies not authorized to have such informa3 tion under section 99.31 of title 34, Code of 

4 Federal Regulations. 

5 ‘‘(J) ACADEMIC ACHIEVEMENT.—The 

6 school selected in accordance with this para7 graph shall ensure that homeless children and 

8 youth have opportunities to meet the same 

9 State academic standards to which other stu10 dents are held. 

11 ‘‘(4) COMPARABLE SERVICES.—Each homeless 

12 child or youth to be assisted under this subtitle shall 

13 be provided services comparable to services offered 

14 to other students in the school selected under para15 graph (3), including the following: 

16 ‘‘(A) Transportation services. 

17 ‘‘(B) Educational services for which the 

18 child or youth meets the eligibility criteria, such 

19 as services provided under title I of the Elemen20 tary and Secondary Education Act of 1965 (20 

21 U.S.C. 6301 et seq.) or similar State or local 

22 programs, educational programs for children 

23 with disabilities, and educational programs for 

24 English learners. 

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1 ‘‘(C) Programs in career and technical 

2 education. 

3 ‘‘(D) Programs for gifted and talented stu4 dents. 

5 ‘‘(E) School nutrition programs. 

6 ‘‘(5) COORDINATION.— 

7 ‘‘(A) IN GENERAL.—Each local educational 

8 agency serving homeless children and youths 

9 that receives assistance under this subtitle shall 

10 coordinate— 

11 ‘‘(i) the provision of services under 

12 this subtitle with local social services agen13 cies and other agencies or entities pro14 viding services to homeless children and 

15 youths and their families, including serv16 ices and programs funded under the Run17 away and Homeless Youth Act (42 U.S.C. 

18 5701 et seq.); and 

19 ‘‘(ii) transportation, transfer of school 

20 records, and other interdistrict activities, 

21 with other local educational agencies. 

22 ‘‘(B) HOUSING ASSISTANCE.—If applica23 ble, each State educational agency and local 

24 educational agency that receives assistance 

25 under this subtitle shall coordinate with State 

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1 and local housing agencies responsible for devel2 oping the comprehensive housing affordability 

3 strategy described in section 105 of the Cran4 ston-Gonzalez National Affordable Housing Act 

5 (42 U.S.C. 12705) to minimize educational dis6 ruption for children and youths who become 

7 homeless. 

8 ‘‘(C) COORDINATION PURPOSE.—The co9 ordination required under subparagraphs (A) 

10 and (B) shall be designed to— 

11 ‘‘(i) ensure that all homeless children 

12 and youths are promptly identified; 

13 ‘‘(ii) ensure that homeless children 

14 and youths have access to, and are in rea15 sonable proximity to, available education 

16 and related support services; and 

17 ‘‘(iii) raise the awareness of school 

18 personnel and service providers of the ef19 fects of short-term stays in a shelter and 

20 other challenges associated with homeless21 ness. 

22 ‘‘(D) HOMELESS CHILDREN AND YOUTHS

23 WITH DISABILITIES.—For children and youth 

24 who are to be assisted both under this subtitle, 

25 and under the Individuals with Disabilities 

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1 Education Act (20 U.S.C. 1400 et seq.) or sec2 tion 504 of the Rehabilitation Act of 1973 (29 

3 U.S.C. 794), each local educational agency shall 

4 coordinate the provision of services under this 

5 subtitle with the provision of programs for chil6 dren with disabilities served by that local edu7 cational agency and other involved local edu8 cational agencies. 

9 ‘‘(6) LOCAL EDUCATIONAL AGENCY LIAISON.— 

10 ‘‘(A) DUTIES.—Each local educational 

11 agency liaison for homeless children and youths, 

12 designated under paragraph (1)(J)(ii), shall en13 sure that— 

14 ‘‘(i) homeless children and youths are 

15 identified by school personnel through out16 reach and coordination activities with other 

17 entities and agencies; 

18 ‘‘(ii) homeless children and youths are 

19 enrolled in, and have a full and equal op20 portunity to succeed in, schools of that 

21 local educational agency; 

22 ‘‘(iii) homeless families, children, and 

23 youths have access to and receive edu24 cational services for which such families, 

25 children, and youths are eligible, including 

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1 services through Head Start, Early Head 

2 Start, early intervention, and preschool 

3 programs administered by the local edu4 cational agency; 

5 ‘‘(iv) homeless families, children, and 

6 youths receive referrals to health care serv7 ices, dental services, mental health and 

8 substances abuse services, housing services, 

9 and other appropriate services; 

10 ‘‘(v) the parents or guardians of 

11 homeless children and youths are informed 

12 of the educational and related opportuni13 ties available to their children and are pro14 vided with meaningful opportunities to par15 ticipate in the education of their children; 

16 ‘‘(vi) public notice of the educational 

17 rights of homeless children and youths is 

18 disseminated in locations frequented by 

19 parents or guardians of such children and 

20 youths, and unaccompanied youths, includ21 ing schools, shelters, public libraries, and 

22 soup kitchens in a manner and form un23 derstandable to the parents and guardians 

24 of homeless children and youths, and unac25 companied youths; 

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1 ‘‘(vii) enrollment disputes are medi2 ated in accordance with paragraph (3)(E); 

3 ‘‘(viii) the parent or guardian of a 

4 homeless child or youth, and any unaccom5 panied youth, is fully informed of all trans6 portation services, including transportation 

7 to the school of origin, as described in 

8 paragraph (1)(J)(iii), and is assisted in ac9 cessing transportation to the school that is 

10 selected under paragraph (3)(A); 

11 ‘‘(ix) school personnel providing serv12 ices under this subtitle receive professional 

13 development and other support; and 

14 ‘‘(x) unaccompanied youths— 

15 ‘‘(I) are enrolled in school; 

16 ‘‘(II) have opportunities to meet 

17 the same State academic standards to 

18 which other students are held, includ19 ing through implementation of the 

20 policies and practices required by 

21 paragraph (1)(F)(ii); and 

22 ‘‘(III) are informed of their sta23 tus as independent students under 

24 section 480 of the Higher Education 

25 Act of 1965 (20 U.S.C. 1087vv) and 

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1 receive verification of such status for 

2 purposes of the Free Application for 

3 Federal Student Aid described in sec4 tion 483 of such Act (20 U.S.C. 

5 1090). 

6 ‘‘(B) NOTICE.—State coordinators estab7 lished under subsection (d)(3) and local edu8 cational agencies shall inform school personnel, 

9 service providers, advocates working with home10 less families, parents and guardians of homeless 

11 children and youths, and homeless children and 

12 youths of the duties of the local educational 

13 agency liaisons, including publishing an annu14 ally updated list of the liaisons on the State 

15 educational agency’s website. 

16 ‘‘(C) LOCAL AND STATE COORDINATION.— 

17 Local educational agency liaisons for homeless 

18 children and youths shall, as a part of their du19 ties, coordinate and collaborate with State coor20 dinators and community and school personnel 

21 responsible for the provision of education and 

22 related services to homeless children and 

23 youths. Such coordination shall include col24 lecting and providing to the State Coordinator 

25 the reliable, valid, and comprehensive data 

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1 needed to meet the requirements of paragraphs 

2 (1) and (3) of subsection (f). 

3 ‘‘(7) REVIEW AND REVISIONS.— 

4 ‘‘(A) IN GENERAL.—Each State edu5 cational agency and local educational agency 

6 that receives assistance under this subtitle shall 

7 review and revise any policies that may act as 

8 barriers to the enrollment of homeless children 

9 and youths in schools that are selected under 

10 paragraph (3). 

11 ‘‘(B) CONSIDERATION.—In reviewing and 

12 revising such policies, consideration shall be 

13 given to issues concerning transportation, im14 munization, residency, birth certificates, school 

15 records and other documentation, and guard16 ianship. 

17 ‘‘(C) SPECIAL ATTENTION.—Special atten18 tion shall be given to ensuring the enrollment 

19 and attendance of homeless children and youths 

20 who are not currently attending school.’’; and 

21 (8) in subsection (h)(1)(A), by striking ‘‘fiscal 

22 year 2009,’’ and inserting ‘‘fiscal years 2013 

23 through 2018,’’. 

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1 SEC. 603. LOCAL EDUCATIONAL AGENCY SUBGRANTS FOR 

2 THE EDUCATION OF HOMELESS CHILDREN 

3 AND YOUTHS. 

4 Section 723 of such Act (42 U.S.C. 11433) is amend5 ed— 

6 (1) in subsection (a)— 

7 (A) in paragraph (1), by striking ‘‘facili8 tating the enrollment,’’ and inserting ‘‘facili9 tating the identification, enrollment,’’; 

10 (B) in paragraph (2)(A)— 

11 (i) by adding ‘‘and’’ at the end of 

12 clause (i); 

13 (ii) by striking ‘‘; and’’ and inserting 

14 a period at the end of clause (ii); and 

15 (iii) by striking clause (iii); and 

16 (C) by adding at the end the following: 

17 ‘‘(4) DURATION OF GRANTS.—Subgrants 

18 awarded under this section shall be for terms of not 

19 to exceed 3 years.’’; 

20 (2) in subsection (b)— 

21 (A) by striking paragraph (3) and redesig22 nating paragraphs (4) and (5) as paragraphs 

23 (3) and (4), respectively; and 

24 (B) by adding at the end the following: 

25 ‘‘(6) An assurance that the local educational 

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1 quested by the State Coordinator pursuant to para2 graphs (1) and (3) of section 722(f). 

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

4 agency has removed barriers to complying with the 

5 requirements of section 722(g)(1)(I).’’; 

6 (3) in subsection (c)— 

7 (A) in paragraph (1), by striking ‘‘726’’ 

8 and inserting ‘‘722(a)’’; 

9 (B) in paragraph (2)— 

10 (i) in subparagraph (A), by inserting 

11 ‘‘identification,’’ before ‘‘enrollment’’; 

12 (ii) by amending subparagraph (B) to 

13 read as follows: 

14 ‘‘(B) The extent to which the application 

15 reflects coordination with other local and State 

16 agencies that serve homeless children and 

17 youths.’’; and 

18 (iii) in subparagraph (C), by inserting 

19 ‘‘(as of the date of submission of the appli20 cation)’’ after ‘‘current practice’’; 

21 (C) in paragraph (3)— 

22 (i) by amending subparagraph (C) to 

23 read as follows: 

24 ‘‘(C) The extent to which the applicant will 

25 promote meaningful involvement of parents or 

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1 guardians of homeless children or youths in the 

2 education of their children.’’; 

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

4 ‘‘within’’ and inserting ‘‘into’’; 

5 (iii) in subparagraph (G)— 

6 (I) by striking ‘‘Such’’ and in7 serting ‘‘The extent to which the ap8 plicant’s program meets such’’; and 

9 (II) by striking ‘‘case manage10 ment or related’’; 

11 (iv) by redesignating subparagraph 

12 (G) as subparagraph (I) and inserting 

13 after subparagraph (F) the following: 

14 ‘‘(G) The extent to which the local edu15 cational agency will use the subgrant to lever16 age resources, including by maximizing 

17 nonsubgrant funding for the position of the liai18 son described in section 722(g)(1)(J)(ii) and 

19 the provision of transportation. 

20 ‘‘(H) How the local educational agency 

21 uses funds to serve homeless children and 

22 youths under section 1113(c)(3) of the Elemen23 tary and Secondary Education Act of 1965 (20 

24 U.S.C. 6313(c)(3)).’’; and 

25 (v) by adding at the end the following: 

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1 ‘‘(J) An assurance that the applicant will 

2 meet the requirements of section 722(g)(3).’’; 

3 and 

4 (D) by striking paragraph (4). 

5 (4) in subsection (d)— 

6 (A) in paragraph (1)— 

7 (i) by striking ‘‘challenging State aca8 demic content standards’’ and inserting 

9 ‘‘State academic standards’’; and 

10 (ii) by striking ‘‘and challenging State 

11 student academic achievement standards’’; 

12 (B) in paragraph (2)— 

13 (i) by striking ‘‘students with limited 

14 English proficiency,’’ and inserting 

15 ‘‘English learners,’’ ; and 

16 (ii) by striking ‘‘vocational’’ and in17 serting ‘‘career’’; 

18 (C) in paragraph (3), by striking ‘‘pupil 

19 services’’ and inserting ‘‘specialized instruc20 tional support’’; 

21 (D) in paragraph (7), by striking ‘‘, and 

22 unaccompanied youths,’’ and inserting ‘‘, par23 ticularly homeless children and youths who are 

24 not enrolled in school,’’; 

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1 (E) in paragraph (9) by striking ‘‘medical’’ 

2 and inserting ‘‘other required health’’; 

3 (F) in paragraph (10), by inserting before 

4 the period at the end ‘‘, and other activities de5 signed to increase the meaningful involvement 

6 of parents or guardians of homeless children or 

7 youths in the education of their children’’; 

8 (G) in paragraph (12), by striking ‘‘pupil’’ 

9 and inserting ‘‘specialized instructional sup10 port’’; and 

11 (H) in paragraph (13), by inserting before 

12 the period at the end ‘‘and parental mental 

13 health or substance abuse problems’’. 

14 SEC. 604. SECRETARIAL RESPONSIBILITIES. 

15 Section 724 of such Act (42 U.S.C. 11434) is amend16 ed— 

17 (1) by amending subsection (c) to read as fol18 lows: 

19 ‘‘(c) NOTICE.— 

20 ‘‘(1) IN GENERAL.—The Secretary shall, before 

21 the next school year that begins after the date of the 

22 enactment of the Encouraging Innovation and Effec23 tive Teachers Act, update and disseminate nation24 wide the public notice described in this subsection 

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1 (as in effect prior to such date) of the educational 

2 rights of homeless children and youths. 

3 ‘‘(2) DISSEMINATION.—The Secretary shall dis4 seminate the notice nationally to all Federal agen5 cies, program grantees, and grant recipients serving 

6 homeless families, children, and youths.’’; 

7 (2) in subsection (d), by striking ‘‘and dissemi8 nation’’ and inserting ‘‘, dissemination, and technical 

9 assistance’’; 

10 (3) in subsection (e)— 

11 (A) by striking ‘‘this subtitle’’ and insert12 ing ‘‘section 722’’; 

13 (B) by striking ‘‘60-day’’ and inserting 

14 ‘‘120-day’’; and 

15 (C) by striking ‘‘120-day’’ and inserting 

16 ‘‘180-day’’; 

17 (4) in subsection (f), by adding at the end the 

18 following: ‘‘The Secretary shall provide support and 

19 technical assistance to State educational agencies in 

20 areas in which barriers to a free appropriate public 

21 education persist.’’; 

22 (5) by amending subsection (g) to read as fol23 lows: 

24 ‘‘(g) GUIDELINES.—The Secretary shall develop, 

25 issue, and publish in the Federal Register, not later than 

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1 60 days after the date of the enactment of the Encour2 aging Innovation and Effective Teachers Act, strategies 

3 by which a State— 

4 ‘‘(1) may assist local educational agencies to 

5 implement the provisions amended by the Act; and 

6 ‘‘(2) can review and revise State policies and 

7 procedures that may present barriers to the identi8 fication, enrollment, attendance, and success of 

9 homeless children and youths in school.’’; 

10 (6) in subsection (h)(1), by inserting ‘‘in all 

11 areas served by local educational agencies’’ before 

12 the semicolon at the end; and 

13 (7) in subsection (i), by striking ‘‘McKinney14 Vento Homeless Education Assistance Improvements 

15 Act of 2001’’ and inserting ‘‘Encouraging Innova16 tion and Effective Teachers Act’’. 

17 SEC. 605. DEFINITIONS. 

18 Section 725 of such Act (42 U.S.C. 11434a) is 

19 amended— 

20 (1) in paragraph (2)(B)(iv), by striking ‘‘1309’’ 

21 and inserting ‘‘1139’’ and 

22 (2) in paragraph (3), by striking ‘‘9101’’ and 

23 inserting ‘‘5101’’ 

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1 SEC. 606. AUTHORIZATION OF APPROPRIATIONS. 

2 Section 726 of such Act (42 U.S.C. 11435) is amend3 ed to read as follows: 

4 ‘‘SEC. 726. AUTHORIZATION OF APPROPRIATIONS. 

5 ‘‘(a) IN GENERAL.—For the purpose of carrying out 

6 this subtitle, there are authorized to be appropriated 

7 $65,173,000 for fiscal year 2013. 

8 ‘‘(b) OUT YEARS.—The amount authorized under 

9 subsection (a) shall be increased for each of fiscal years 

10 2014 through 2018 by a percentage equal to the percent11 age of inflation according to the Consumer Price Index, 

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

13 fiscal year.’’. 

Æ 

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