IB 

Union Calendar No. 320 

112TH CONGRESS 

2D SESSION H. R. 3989 

[Report No. 112–458] 

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

of their schools’ performance, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 9, 2012 

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

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

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

Workforce 

APRIL 27, 2012 

Additional sponsors: Mr. KELLY, Mr. AUSTIN SCOTT of Georgia, Mr. 

MEEHAN, and Mr. BARLETTA

APRIL 27, 2012 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

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

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


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A BILL 

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

for other purposes. 


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

3 SECTION 1. SHORT TITLE. 

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

5 SEC. 2. TABLE OF CONTENTS. 

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

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. References. 

Sec. 4. Transition. 

Sec. 5. Effective dates. 

Sec. 6. Authorization of appropriations. 

TITLE I—AID TO LOCAL EDUCATIONAL AGENCIES 

Subtitle A—In General 

Sec. 101. Title heading. 

Sec. 102. Statement of purpose. 

Sec. 103. Flexibility to use Federal funds. 

Sec. 104. School improvement. 

Sec. 105. Direct student services. 

Sec. 106. State administration. 

Subtitle B—Improving the Academic Achievement of the Disadvantaged 

Sec. 111. Part A headings. 

Sec. 112. State plans. 

Sec. 113. Local educational agency plans. 

Sec. 114. Eligible school attendance areas. 

Sec. 115. Schoolwide programs. 

Sec. 116. Targeted assistance schools. 

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

Sec. 118. Parental involvement. 

Sec. 119. Qualifications for teachers and paraprofessionals. 

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

Sec. 121. Fiscal requirements. 

Sec. 122. Coordination requirements. 

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

Sec. 124. Allocations to States. 

Sec. 125. Basic grants to local educational agencies. 

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

fiscal years after fiscal year 2001. 

Sec. 127. Education finance incentive grant program. 

Sec. 128. Carryover and waiver. 

Subtitle C—Additional Aid to States and School Districts 

Sec. 131. Additional aid. 


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Subtitle D—National Assessment 

Sec. 141. National assessment of title I. 

Subtitle E—Title I General Provisions 

Sec. 151. General provisions for title I. 

TITLE II—GENERAL PROVISIONS FOR THE ACT 

Sec. 201. General provisions for the Act. 

Sec. 202. Repeal. 

Sec. 203. Other laws. 

Sec. 204. Amendment to IDEA. 

1 SEC. 3. REFERENCES. 

2 Except as otherwise expressly provided, whenever in 

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

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

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

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

8 SEC. 4. TRANSITION. 

9 Unless otherwise provided in this Act, any person or 

10 agency that was awarded a grant under the Elementary 

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

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

13 continue to receive funds in accordance with the terms of 

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

16 of this Act. 


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1 SEC. 5. EFFECTIVE DATES. 

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

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

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

5 (b) NONCOMPETITIVE PROGRAMS.—With respect to 

6 noncompetitive programs under which any funds are allot7 ted by the Secretary of Education to recipients on the basis 

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

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

10 (c) COMPETITIVE PROGRAMS.—With respect to pro11 grams that are conducted by the Secretary on a competitive 

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

13 take effect with respect to appropriations for use under those 

14 programs for fiscal year 2013. 

15 SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 

16 The Act (20 U.S.C. 6301 et seq.) is amended by insert17 ing after section 2 the following: 

18 ‘‘SEC. 3. AUTHORIZATIONS OF APPROPRIATIONS. 

19 ‘‘(a) TITLE I.— 

20 ‘‘(1) PART A.—There are authorized to be appro21 priated to carry out part A of title I $16,651,768,000 

22 for fiscal year 2013. 

23 ‘‘(2) PART B.—There are authorized to be appro24 priated to carry out part B of title I $3,194,000 for 

25 fiscal year 2013. 


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1 ‘‘(b) OUT YEARS.—The amounts authorized by sub2 section (a) shall be increased for each of fiscal years 2014 

3 through 2018 by a percentage equal to the percentage of in4 flation according to the Consumer Price Index, for the cal5 endar year ending prior to the beginning of that fiscal 

6 year.’’. 

7 TITLE I—AID TO LOCAL 

8 EDUCATIONAL AGENCIES 

9 Subtitle A—In General 

10 SEC. 101. TITLE HEADING. 

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

12 is amended to read as follows: 

13 ‘‘TITLE I—AID TO LOCAL 

14 EDUCATIONAL AGENCIES’’. 

15 SEC. 102. STATEMENT OF PURPOSE. 

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

17 follows: 

18 ‘‘SEC. 1001. STATEMENT OF PURPOSE. 

19 ‘‘The purpose of this title is to provide all children the 

20 opportunity to graduate high school prepared for postsec21 ondary education or the workforce. This purpose can be ac22 complished by— 

23 ‘‘(1) meeting the educational needs of low-achiev24 ing children in our Nation’s highest-poverty schools, 

25 English learners, migratory children, children with 


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1 disabilities, Indian children, and neglected or delin2 quent children; 

3 ‘‘(2) closing the achievement gap between high4 and low-performing children, especially the achieve5 ment gaps between minority and nonminority stu6 dents, and between disadvantaged children and their 

7 more advantaged peers; 

8 ‘‘(3) affording parents substantial and meaning9 ful opportunities to participate in the education of 

10 their children; and 

11 ‘‘(4) challenging States and local educational 

12 agencies to embrace meaningful, evidence-based edu13 cation reform, while encouraging state and local inno14 vation.’’. 

15 SEC. 103. FLEXIBILITY TO USE FEDERAL FUNDS. 

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

17 follows: 

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

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

20 STATE EDUCATIONAL AGENCIES.— 

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

22 and (d) and notwithstanding any other provision of 

23 law, a State educational agency may use the applica24 ble funding that the agency receives for a fiscal year 


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1 to carry out any State activity authorized or required 

2 under one or more of the following provisions: 

3 ‘‘(A) Section 1003. 

4 ‘‘(B) Section 1004. 

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

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

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

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

9 title I. 

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

11 each year, a State educational agency shall notify the 

12 Secretary of the State educational agency’s intention 

13 to use the applicable funding for any of the alter14 native uses under paragraph (1). 

15 ‘‘(3) APPLICABLE FUNDING DEFINED.— 

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

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

18 ‘applicable funding’ means funds provided to 

19 carry out State activities under one or more of 

20 the following provisions. 

21 ‘‘(i) Section 1003. 

22 ‘‘(ii) Section 1004. 

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

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

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


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

2 term ‘applicable funding’ does not include funds 

3 provided under any of the provisions listed in 

4 subparagraph (A) that State educational agen5 cies are required by this Act— 

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

7 required activities; 

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

9 local educational agencies or other entities 

10 eligible to receive such funds; or 

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

12 monitoring. 

13 ‘‘(4) DISBURSEMENT.—The Secretary shall dis14 burse the applicable funding to State educational 

15 agencies for alternative uses under paragraph (1) for 

16 a fiscal year at the same time as the Secretary dis17 burses the applicable funding to State educational 

18 agencies that do not intend to use the applicable 

19 funding for such alternative uses for the fiscal year. 

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

21 LOCAL EDUCATIONAL AGENCIES.— 

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

23 and (d) and notwithstanding any other provision of 

24 law, a local educational agency may use the applica25 ble funding that the agency receives for a fiscal year 


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1 to carry out any local activity authorized or required 

2 under one or more of the following provisions: 

3 ‘‘(A) Section 1003. 

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

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

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

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

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

9 ‘‘(2) NOTIFICATION.—A local educational agency 

10 shall notify the State educational agency of the local 

11 educational agency’s intention to use the applicable 

12 funding for any of the alternative uses under para13 graph (1) by a date that is established by the State 

14 educational agency for the notification. 

15 ‘‘(3) APPLICABLE FUNDING DEFINED.— 

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

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

18 ‘applicable funding’ means funds provided to 

19 carry out local activities under one or more of 

20 the following provisions: 

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

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

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

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

25 of title I. 


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

2 term ‘applicable funding’ does not include funds 

3 provided under any of the provisions listed in 

4 subparagraph (A) that local educational agencies 

5 are required by this Act— 

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

7 required activities; 

8 ‘‘(ii) to allocate, allot, or award to en9 tities eligible to receive such funds; or 

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

11 monitoring. 

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

13 agency that receives applicable funding for a fiscal 

14 year shall disburse the applicable funding to local 

15 educational agencies for alternative uses under para16 graph (1) for the fiscal year at the same time as the 

17 State educational agency disburses the applicable 

18 funding to local educational agencies that do not in19 tend to use the applicable funding for such alternative 

20 uses for the fiscal year. 

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

22 educational agency or a local educational agency shall only 

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

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

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


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1 (b)(1), respectively, to the extent that the agency, in the ab2 sence of this section, could have used funds for administra3 tive costs with respect to a program listed in subsection 

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

5 ‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec6 tion shall be construed to relieve a State educational agency 

7 or local educational agency of any requirements relating 

8 to— 

9 ‘‘(1) use of Federal funds to supplement, not sup10 plant, non-Federal funds; 

11 ‘‘(2) comparability of services; 

12 ‘‘(3) equitable participation of private school stu13 dents and teachers; 

14 ‘‘(4) applicable civil rights requirements; 

15 ‘‘(5) section 1113; or 

16 ‘‘(6) section 1111.’’. 

17 SEC. 104. SCHOOL IMPROVEMENT. 

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

19 (1) in subsection (a)— 

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

21 ‘‘7 percent’’; and 

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

23 all that follows through ‘‘sections 1116 and 

24 1117,’’ and inserting ‘‘chapter B of subpart 1 of 


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1 part A for each fiscal year to carry out sub2 section (b),’’; 

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

4 identified for school improvement, corrective action, 

5 and restructuring, for activities under section 

6 1116(b)’’ and inserting ‘‘to carry out the State’s sys7 tem of school improvement under section 

8 1111(b)(3)(B)(iii)’’; 

9 (3) in subsection (c)— 

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

11 the end; 

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

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

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

15 (C) by striking paragraph (3); 

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

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

18 part A;’’; 

19 (5) in subsection (e)— 

20 (A) by striking ‘‘in any fiscal year’’ and in21 serting ‘‘in fiscal year 2014 and each subsequent 

22 fiscal year’’; 

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

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


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1 (C) by striking ‘‘such subpart’’ and insert2 ing ‘‘such chapter’’; 

3 (6) in subsection (f), by striking ‘‘and the per4 centage of students from each school from families 

5 with incomes below the poverty line’’; and 

6 (7) by striking subsection (g). 

7 SEC. 105. DIRECT STUDENT SERVICES. 

8 The Act (20 U.S.C. 6301 et seq.) is amended by insert9 ing after section 1003 the following: 

10 ‘‘SEC. 1003A. DIRECT STUDENT SERVICES. 

11 ‘‘(a) STATE RESERVATION.—Each State shall reserve 

12 3 percent of the amount the State receives under chapter 

13 B of subpart 1 of part A for each fiscal year to carry out 

14 this section. Of such reserved funds, the State educational 

15 agency may use up to 1 percent to administer direct student 

16 services. 

17 ‘‘(b) DIRECT STUDENT SERVICES.—From the amount 

18 available after the application of subsection (a), each State 

19 shall award grants in accordance with this section to local 

20 educational agencies to support direct student services. 

21 ‘‘(c) AWARDS.—The State educational agency shall 

22 award grants to geographically diverse local educational 

23 agencies including suburban, rural, and urban local edu24 cational agencies. If there are not enough funds to award 

25 all applicants in a sufficient size and scope to run an effecVerDate Mar 15 2010 21:20 Apr 27, 2012 Jkt 019200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6203 E:\BILLS\H3989.RH H3989

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1 tive direct student services program, the State shall 

2 prioritize awards to local educational agencies with the 

3 greatest number of low-performing schools. 

4 ‘‘(d) LOCAL USE OF FUNDS.—A local educational 

5 agency receiving an award under this section— 

6 ‘‘(1) shall use up to 1 percent of each award for 

7 outreach and communication to parents about their 

8 options and to register students for direct student 

9 services; 

10 ‘‘(2) may use not more than 2 percent of each 

11 award for administrative costs related to direct stu12 dent services; and 

13 ‘‘(3) shall use the remainder of the award to pay 

14 the transportation required to provide public school 

15 choice or the hourly rate for high-quality academic 

16 tutoring services, as determined in the provider ap17 proval process under subsection (f)(2). 

18 ‘‘(e) APPLICATION.—A local educational agency desir19 ing to receive an award under subsection (b) shall submit 

20 an application describing how the local educational agency 

21 will— 

22 ‘‘(1) provide adequate outreach to ensure parents 

23 can exercise a meaningful choice of direct student 

24 services for their child’s education; 


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1 ‘‘(2) ensure parents have adequate time and in2 formation to make a meaningful choice prior to en3 rolling their child in a direct student service; 

4 ‘‘(3) ensure ample availability in the public 

5 schools the local educational agency will make avail6 able for public school choice options; 

7 ‘‘(4) determine the requirements or criteria for 

8 student eligibility for direct student services; 

9 ‘‘(5) select a variety of providers of high quality 

10 academic tutoring from the list required under sub11 section (f)(2) and ensure fair negotiations in selecting 

12 such providers of high-quality academic tutoring, in13 cluding online, on campus, and other models of tutor14 ing which provide meaningful choices to parents to 

15 find the best service for their child; and 

16 ‘‘(6) develop an estimated per pupil expenditure 

17 available for eligible students to use toward high qual18 ity academic tutoring which shall allow for adequate 

19 level of services to increase academic achievement 

20 from a variety of high-quality academic tutoring pro21 viders. 

22 ‘‘(f) PROVIDERS AND SCHOOLS.—The State— 

23 ‘‘(1) shall ensure that each local educational 

24 agency receiving an award to provide public school 


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1 choice can provide an ample number of options to 

2 provide a meaningful choice for parents; 

3 ‘‘(2) shall compile a list of State-approved high4 quality academic tutoring providers that includes on5 line, on campus, and other models of tutoring; and 

6 ‘‘(3) shall ensure that each local educational 

7 agency receiving an award will provide an adequate 

8 number of high-quality academic tutoring options to 

9 ensure parents have a meaningful choice of services.’’. 

10 SEC. 106. STATE ADMINISTRATION. 

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

12 follows: 

13 ‘‘SEC. 1004. STATE ADMINISTRATION. 

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

15 (b), to carry out administrative duties assigned under sub16 parts 1, 2, and 3 of part A of this title, each State may 

17 reserve the greater of— 

18 ‘‘(1) 1 percent of the amounts received under 

19 such subparts; or 

20 ‘‘(2) $400,000 ($50,000 in the case of each out21 lying area). 

22 ‘‘(b) EXCEPTION.—If the sum of the amounts reserved 

23 under subparts 1, 2, and 3 of part A of this title is equal 

24 to or greater than $14,000,000,000, then the reservation de25 scribed in subsection (a)(1) shall not exceed 1 percent of 


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1 the amount the State would receive if $14,000,000,000 were 

2 allocated among the States for subparts 1, 2, and 3 of part 

3 A of this title.’’. 

4 Subtitle B—Improving the Aca5 demic Achievement of the Dis6 advantaged 

7 SEC. 111. PART A HEADINGS. 

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

9 title I (20 U.S.C. 6311 et seq.) is amended to read as fol10 lows: 

11 ‘‘PART A—IMPROVING THE ACADEMIC 

12 ACHIEVEMENT OF THE DISADVANTAGED’’. 

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

14 striking the subpart heading for subpart 1 of part A of title 

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

16 ‘‘Subpart 1—Improving Basic Programs Operated by 

17 Local Educational Agencies 

18 ‘‘CHAPTER A—BASIC PROGRAM 

19 REQUIREMENTS’’. 

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

21 striking the subpart heading for subpart 2 of part A of title 

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


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1 ‘‘CHAPTER B—ALLOCATIONS’’. 

2 SEC. 112. STATE PLANS. 

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

4 follows: 

5 ‘‘SEC. 1111. STATE PLANS. 

6 ‘‘(a) PLANS REQUIRED.— 

7 ‘‘(1) IN GENERAL.—For any State desiring to re8 ceive a grant under this subpart, the State edu9 cational agency shall submit to the Secretary a plan, 

10 developed by the State educational agency, in con11 sultation with local educational agencies, teachers, 

12 school leaders, specialized instructional support per13 sonnel, other appropriate school personnel, and par14 ents, that satisfies the requirements of this section and 

15 that is coordinated with other programs under this 

16 Act, the Individuals with Disabilities Education Act, 

17 the Carl D. Perkins Career and Technical Education 

18 Act of 2006, the Head Start Act, the Adult Education 

19 and Family Literacy Act, and the McKinney-Vento 

20 Homeless Assistance Act. 

21 ‘‘(2) CONSOLIDATED PLAN.—A State plan sub22 mitted under paragraph (1) may be submitted as 

23 part of a consolidated plan under section 5302. 

24 ‘‘(b) ACADEMIC STANDARDS, ACADEMIC ASSESS25 MENTS, AND STATE ACCOUNTABILITY.— 


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1 ‘‘(1) ACADEMIC STANDARDS.— 

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

3 demonstrate that the State has adopted academic 

4 content standards and academic achievement 

5 standards aligned with such content standards 

6 that comply with the requirements of this para7 graph. 

8 ‘‘(B) SUBJECTS.—The State shall have such 

9 academic standards for mathematics and read10 ing or language arts, and may have such stand11 ards for any other subject determined by the 

12 State. 

13 ‘‘(C) REQUIREMENTS.—The standards de14 scribed in subparagraph (A) shall— 

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

16 public school students in the State; and 

17 ‘‘(ii) with respect to academic achieve18 ment standards, include the same knowl19 edge, skills, and levels of achievement ex20 pected of all public school students in the 

21 State. 

22 ‘‘(D) ALTERNATE ACADEMIC ACHIEVEMENT

23 STANDARDS.—Notwithstanding any other provi24 sion of this paragraph, a State may, through a 

25 documented and validated standards-setting 


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1 process, adopt alternate academic achievement 

2 standards for students with the most significant 

3 cognitive disabilities, if— 

4 ‘‘(i) the determination about whether 

5 the achievement of an individual student 

6 should be measured against such standards 

7 is made separately for each student; and 

8 ‘‘(ii) such standards— 

9 ‘‘(I) are aligned with the State 

10 academic standards required under 

11 subparagraph (A); 

12 ‘‘(II) promote access to the general 

13 curriculum; and 

14 ‘‘(III) reflect professional judg15 ment as to the highest possible stand16 ards achievable by such students. 

17 ‘‘(E) ENGLISH LANGUAGE PROFICIENCY

18 STANDARDS.—Each State plan shall describe 

19 how the State educational agency will establish 

20 English language proficiency standards that 

21 are— 

22 ‘‘(i) derived from the four recognized 

23 domains of speaking, listening, reading, and 

24 writing; and 


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

2 content standards in reading or language 

3 arts under subparagraph (A). 

4 ‘‘(2) ACADEMIC ASSESSMENTS.— 

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

6 demonstrate that the State educational agency, 

7 in consultation with local educational agencies, 

8 has implemented a set of high-quality student 

9 academic assessments in mathematics and read10 ing or language arts. At the State’s discretion, 

11 the State plan may also demonstrate that the 

12 State has implemented such assessments in any 

13 other subject chosen by the State 

14 ‘‘(B) REQUIREMENTS.—Such assessments 

15 shall— 

16 ‘‘(i) be used in determining the per17 formance of each local educational agency 

18 and public school in the State in accordance 

19 with the State’s accountability system under 

20 paragraph (3); 

21 ‘‘(ii) be the same academic assessments 

22 used to measure the academic achievement 

23 of all public school students in the State; 

24 ‘‘(iii) be aligned with the State’s aca25 demic standards and provide coherent and 


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1 timely information about student attain2 ment of such standards; 

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

4 such assessments are valid and reliable, be 

5 of adequate technical quality for each pur6 pose required under this Act, and be con7 sistent with relevant, nationally recognized 

8 professional and technical standards; 

9 ‘‘(v)(I) in the case of mathematics and 

10 reading, be administered in each of grades 

11 3 through 8 and at least once in grades 9 

12 through 12; 

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

14 chosen by the State, be administered at the 

15 discretion of the State; 

16 ‘‘(vi) measure individual student aca17 demic proficiency and growth; 

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

19 ‘‘(I) be administered through a 

20 single annual summative assessment; 

21 or 

22 ‘‘(II) be administered through 

23 multiple assessments during the course 

24 of the academic year that result in a 

25 single summative score that provides 


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1 valid, reliable, and transparent infor2 mation on student achievement; 

3 ‘‘(viii) include measures that assess 

4 higher-order thinking skills and under5 standing; 

6 ‘‘(ix) provide for— 

7 ‘‘(I) the participation in such as8 sessments of all students; 

9 ‘‘(II) the reasonable adaptations 

10 and accommodations for students with 

11 disabilities necessary to measure the 

12 academic achievement of such students 

13 relative to the State’s academic stand14 ards; and 

15 ‘‘(III) the inclusion of English 

16 learners, who shall be assessed in a 

17 valid and reliable manner and pro18 vided reasonable accommodations, in19 cluding, to the extent practicable, as20 sessments in the language and form 

21 most likely to yield accurate and reli22 able information on what such students 

23 know and can do in academic content 

24 areas, until such students have 

25 achieved English language proficiency, 


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1 as assessed by the State under sub2 paragraph (D); 

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

4 provide for the assessment of reading or lan5 guage arts in English for English learners 

6 who have attended school in the United 

7 States (not including Puerto Rico) for 3 or 

8 more consecutive school years, except that a 

9 local educational agency may, on a case-by10 case basis, provide for the assessment of 

11 reading or language arts for each such stu12 dent in a language other than English for 

13 a period not to exceed 2 additional consecu14 tive years if the assessment would be more 

15 likely to yield accurate and reliable infor16 mation on what such student knows and 

17 can do, provided that such student has not 

18 yet reached a level of English language pro19 ficiency sufficient to yield valid and reliable 

20 information on what such student knows 

21 and can do on reading or language arts as22 sessments written in English; 

23 ‘‘(xi) produce individual student inter24 pretive, descriptive, and diagnostic reports 

25 regarding achievement on such assessments 


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1 that allow parents, teachers, and school 

2 leaders to understand and address the spe3 cific academic needs of students, and that 

4 are provided to parents, teachers, and school 

5 leaders, as soon as is practicable after the 

6 assessment is given, in an understandable 

7 and uniform format, and to the extent prac8 ticable, in a language that parents can un9 derstand; 

10 ‘‘(xii) enable results to be disaggregated 

11 within each State, local educational agency, 

12 and school by gender, by each major racial 

13 and ethnic group, by English language pro14 ficiency status, by migrant status, by status 

15 as a student with a disability, and by eco16 nomically disadvantaged status, except that, 

17 in the case of a local educational agency or 

18 a school, such disaggregation shall not be re19 quired in a case in which the number of 

20 students in a category is insufficient to 

21 yield statistically reliable information or 

22 the results would reveal personally identifi23 able information about an individual stu24 dent; and 


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1 ‘‘(xiii) be administered to not less than 

2 95 percent of all students, and not less than 

3 95 percent of each subgroup of students de4 scribed in paragraph (3)(B)(ii)(II). 

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

6 may provide for alternate assessments aligned 

7 with the alternate academic standards adopted 

8 in accordance with paragraph (1)(D), for stu9 dents with the most significant cognitive disabil10 ities, if the State— 

11 ‘‘(i) establishes and monitors imple12 mentation of clear and appropriate guide13 lines for individualized education program 

14 teams (as defined in section 614(d)(1)(B) of 

15 the Individuals with Disabilities Education 

16 Act) to apply when determining when a 

17 child’s significant cognitive disability justi18 fies assessment based on alternate achieve19 ment standards; 

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

21 students are informed that— 

22 ‘‘(I) their child’s academic 

23 achievement will be measured against 

24 such alternate standards; and 


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1 ‘‘(II) whether participation in 

2 such assessments precludes the student 

3 from completing the requirements for a 

4 regular high school diploma as defined 

5 in section 5101(35)(A); 

6 ‘‘(iii) demonstrates that such students 

7 are, to the extent practicable, included in 

8 the general curriculum and that such alter9 nate assessments are aligned with such cur10 riculum; 

11 ‘‘(iv) develops, disseminates informa12 tion about, and promotes the use of appro13 priate accommodations to increase the num14 ber of students with disabilities who are 

15 tested against academic achievement stand16 ards for the grade in which a student is en17 rolled; and 

18 ‘‘(v) ensures that regular and special 

19 education teachers and other appropriate 

20 staff know how to administer the alternate 

21 assessments, including making appropriate 

22 use of accommodations for students with 

23 disabilities. 

24 ‘‘(D) ASSESSMENTS OF ENGLISH LANGUAGE

25 PROFICIENCY.— 


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1 ‘‘(i) IN GENERAL.—Each State plan 

2 shall demonstrate that local educational 

3 agencies in the State will provide for an an4 nual assessment of English proficiency of 

5 all English learners in the schools served by 

6 the State educational agency. 

7 ‘‘(ii) ALIGNMENT.—The assessments 

8 described in clause (i) shall be aligned with 

9 the State’s English language proficiency 

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

11 ‘‘(E) LANGUAGE ASSESSMENTS.—Each 

12 State plan shall identify the languages other 

13 than English that are present in the partici14 pating student population and indicate the lan15 guages for which yearly student academic assess16 ments are not available and are needed. The 

17 State shall make every effort to develop such as18 sessments and may request assistance from the 

19 Secretary if linguistically accessible academic as20 sessment measures are needed. Upon request, the 

21 Secretary shall assist with the identification of 

22 appropriate academic assessment measures in 

23 the needed languages, but shall not mandate a 

24 specific academic assessment or mode of instruc25 tion. 


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

2 may develop and administer computer adaptive 

3 assessments as the assessments required under 

4 subparagraph (A). If a State develops and ad5 ministers a computer adaptive assessment for 

6 such purposes, the assessment shall meet the re7 quirements of this paragraph, except as follows: 

8 ‘‘(i) Notwithstanding subparagraph 

9 (B)(iii), the assessment— 

10 ‘‘(I) shall measure, at a min11 imum, each student’s academic pro12 ficiency against the State’s academic 

13 standards for the student’s grade level 

14 and growth toward such standards; 

15 and 

16 ‘‘(II) if the State chooses, may be 

17 used to measure the student’s level of 

18 academic proficiency and growth using 

19 assessment items above or below the 

20 student’s grade level, including for use 

21 as part of a State’s accountability sys22 tem under paragraph (3). 

23 ‘‘(ii) Subparagraph (B)(ii) shall not be 

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1 ing the computer adaptive assessment be ad2 ministered the same assessment items. 

3 ‘‘(3) STATE ACCOUNTABILITY SYSTEMS.— 

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

5 demonstrate that the State has developed and is 

6 implementing a single, statewide accountability 

7 system to ensure that all public school students 

8 graduate from high school prepared for postsec9 ondary education or the workforce without the 

10 need for remediation. 

11 ‘‘(B) ELEMENTS.—Each State account12 ability system described in subparagraph (A) 

13 shall at a minimum— 

14 ‘‘(i) annually measure the academic 

15 achievement of all public school students in 

16 the State against the State’s academic 

17 standards adopted under paragraph (1), 

18 which may include measures of student 

19 growth toward such standards, using the as20 sessments described in paragraph (2) and 

21 other valid and reliable academic indicators 

22 related to student achievement as identified 

23 by the State; 


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1 ‘‘(ii) annually evaluate and identify 

2 the academic performance of each public 

3 school in the State based on— 

4 ‘‘(I) student academic achieve5 ment as measured in accordance with 

6 clause (i); and 

7 ‘‘(II) the overall performance, and 

8 achievement gaps as compared to all 

9 students in the school, for economically 

10 disadvantaged students, students from 

11 major racial and ethnic groups, stu12 dents with disabilities, and English 

13 learners, except that disaggregation of 

14 data under this subclause shall not be 

15 required in a case in which the number 

16 of students in a category is insufficient 

17 to yield statistically reliable informa18 tion or the results would reveal person19 ally identifiable information about an 

20 individual student; and 

21 ‘‘(iii) include a system for school im22 provement for low-performing public schools 

23 receiving funds under this subpart that— 


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1 ‘‘(I) implements interventions in 

2 such schools that are designed to ad3 dress such schools’ weaknesses; and 

4 ‘‘(II) is implemented by local edu5 cational agencies serving such schools. 

6 ‘‘(C) PROHIBITION.—Nothing in this section 

7 shall be construed to permit the Secretary to es8 tablish any criteria that specifies, defines, or 

9 prescribes any aspect of a State’s accountability 

10 system developed and implemented in accordance 

11 with this paragraph. 

12 ‘‘(D) ACCOUNTABILITY FOR CHARTER

13 SCHOOLS.—The accountability provisions under 

14 this Act shall be overseen for charter schools in 

15 accordance with State charter school law. 

16 ‘‘(4) REQUIREMENTS.—Each State plan shall de17 scribe— 

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

19 assist each local educational agency and each 

20 public school affected by the State plan to com21 ply with the requirements of this subpart, in22 cluding how the State educational agency will 

23 work with local educational agencies to provide 

24 technical assistance; and 


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

2 ensure that the results of the State assessments 

3 described in paragraph (2), the other indicators 

4 selected by the State under paragraph (3)(B)(i), 

5 and the school evaluations described in para6 graph (3)(B)(ii), will be promptly provided to 

7 local educational agencies, schools, teachers, and 

8 parents in a manner that is clear and easy to 

9 understand, but not later than before the begin10 ning of the school year following the school year 

11 in which such assessments, other indicators, or 

12 evaluations are taken or completed. 

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

14 State plan shall describe the process by which the 

15 State will adopt and implement the State academic 

16 standards, assessments, and accountability system re17 quired under this section within 2 years of enactment 

18 of the Student Success Act. 

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

20 subpart shall prohibit a State from revising, con21 sistent with this section, any standard adopted under 

22 this section before or after the date of enactment of the 

23 Student Success Act. 

24 ‘‘(7) EXISTING STATE LAW.—Nothing in this sec25 tion shall be construed to alter any State law or reguVerDate Mar 15 2010 21:20 Apr 27, 2012 Jkt 019200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6203 E:\BILLS\H3989.RH H3989

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1 lation granting parents authority over schools that re2 peatedly failed to make adequate yearly progress 

3 under this section, as in effect on the day before the 

4 date of the enactment of the Student Success Act. 

5 ‘‘(c) OTHER PROVISIONS TO SUPPORT TEACHING AND

6 LEARNING.—Each State plan shall contain assurances 

7 that— 

8 ‘‘(1) the State will notify local educational agen9 cies, schools, teachers, parents, and the public of the 

10 academic standards, academic assessments, and State 

11 accountability system developed and implemented 

12 under this section; 

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

14 academic assessments of 4th and 8th grade reading 

15 and mathematics under the National Assessment of 

16 Educational Progress carried out under section 

17 303(b)(2) of the National Assessment of Educational 

18 Progress Authorization Act if the Secretary pays the 

19 costs of administering such assessments; 

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

21 local educational agencies and the public of the au22 thority to operate schoolwide programs; 

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

24 the least restrictive and burdensome regulations for 


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1 local educational agencies and individual schools par2 ticipating in a program assisted under this subpart; 

3 ‘‘(5) the State educational agency will encourage 

4 schools to consolidate funds from other Federal, State, 

5 and local sources for schoolwide reform in schoolwide 

6 programs under section 1114; 

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

8 eliminate State fiscal and accounting barriers so that 

9 schools can easily consolidate funds from other Fed10 eral, State, and local sources for schoolwide programs 

11 under section 1114; and 

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

13 local educational agencies in the State of the local 

14 educational agency’s authority to transfer funds 

15 under section 1002 and to obtain waivers under sec16 tion 5401; 

17 ‘‘(d) PARENTAL INVOLVEMENT.—Each State plan shall 

18 describe how the State educational agency will support the 

19 collection and dissemination to local educational agencies 

20 and schools of effective parental involvement practices. Such 

21 practices shall— 

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

23 meets the highest professional and technical standards 

24 on effective parental involvement that fosters achieve25 ment to high standards for all children; 


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1 ‘‘(2) be geared toward lowering barriers to great2 er participation by parents in school planning, re3 view, and improvement; and 

4 ‘‘(3) be coordinated with programs funded under 

5 subpart 3 of part A of title III. 

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

7 ‘‘(1) ESTABLISHMENT.—Notwithstanding section 

8 5543, the Secretary shall— 

9 ‘‘(A) establish a peer-review process to assist 

10 in the review of State plans; and 

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

12 process who are representative of parents, teach13 ers, State educational agencies, and local edu14 cational agencies, and who are familiar with 

15 educational standards, assessments, account16 ability, the needs of low-performing schools, and 

17 other educational needs of students, and ensure 

18 that 75 percent of such appointees are practi19 tioners. 

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

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

22 of its submission; 

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

24 the Secretary demonstrates how the State plan 

25 fails to meet the requirements of this section and 


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1 immediately notifies the State of such determina2 tion and the reasons for such determination; 

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

4 before— 

5 ‘‘(i) offering the State an opportunity 

6 to revise its plan; 

7 ‘‘(ii) providing technical assistance in 

8 order to assist the State to meet the require9 ments of this section; and 

10 ‘‘(iii) providing a hearing; and 

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

12 State plan for not meeting the requirements of 

13 this subpart, but shall not have the authority to 

14 require a State, as a condition of approval of the 

15 State plan, to include in, or delete from, such 

16 plan one or more specific elements of the State’s 

17 academic standards or State accountability sys18 tem, or to use specific academic assessments or 

19 other indicators. 

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

21 revised by the State educational agency if it is nec22 essary to satisfy the requirements of this section. 

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

24 feedback, and notifications under this subsection shall 

25 be conducted in a manner that is immediately made 


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1 available to the public through the website of the De2 partment, including— 

3 ‘‘(A) peer review guidance; 

4 ‘‘(B) the names of the peer reviewers; 

5 ‘‘(C) State plans submitted or resubmitted 

6 by a State, including the current approved 

7 plans; 

8 ‘‘(D) peer review notes; 

9 ‘‘(E) State plan determinations by the Sec10 retary, including approvals or disapprovals, and 

11 any deviations from the peer reviewers’ rec12 ommendations with an explanation of the devi13 ation; and 

14 ‘‘(F) hearings. 

15 ‘‘(5) PROHIBITION.—The Secretary, and the Sec16 retary’s staff, may not attempt to participate in, or 

17 influence, the peer review process. No Federal em18 ployee may participate in, or attempt to influence the 

19 peer review process, except to respond to questions of 

20 a technical nature, which shall be publicly reported. 

21 ‘‘(f) DURATION OF THE PLAN.— 

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

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

24 State’s participation under this subpart; and 


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1 ‘‘(B) be periodically reviewed and revised as 

2 necessary by the State educational agency to re3 flect changes in the State’s strategies and pro4 grams under this subpart. 

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

6 makes significant changes to its State plan, such as 

7 the adoption of new State academic standards or new 

8 academic assessments, or adopts a new State account9 ability system, such information shall be submitted to 

10 the Secretary under subsection (e)(2) for approval. 

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

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

13 the Secretary shall withhold funds for State administration 

14 under this subpart until the Secretary determines that the 

15 State has fulfilled those requirements. 

16 ‘‘(h) REPORTS.— 

17 ‘‘(1) ANNUAL STATE REPORT CARD.— 

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

19 assistance under this subpart shall prepare and 

20 disseminate an annual State report card. Such 

21 dissemination shall include, at a minimum, pub22 licly posting the report card on the home page of 

23 the State educational agency’s website. 

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

25 card shall be— 


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1 ‘‘(i) concise; and 

2 ‘‘(ii) presented in an understandable 

3 and uniform format that is developed in 

4 consultation with parents and, to the extent 

5 practicable, provided in a language that 

6 parents can understand. 

7 ‘‘(C) REQUIRED INFORMATION.—The State 

8 shall include in its annual State report card in9 formation on— 

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

11 aggregate and disaggregated by the cat12 egories of students described in subsection 

13 (b)(2)(B)(xii) (except that such 

14 disaggregation shall not be required in a 

15 case in which the number of students in a 

16 category is insufficient to yield statistically 

17 reliable information or the results would re18 veal personally identifiable information 

19 about an individual student), on the State 

20 academic assessments described in sub21 section (b)(2); 

22 ‘‘(ii) the participation rate on such as23 sessments, in the aggregate and 

24 disaggregated in accordance with clause 

25 (i)); 


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

2 the aggregate and disaggregated in accord3 ance with clause (i), on other academic in4 dicators described in subsection (b)(3)(B)(i); 

5 ‘‘(iv) for each public high school in the 

6 State, in the aggregate and disaggregated in 

7 accordance with clause (i)— 

8 ‘‘(I) the four-year adjusted cohort 

9 graduation rate, and 

10 ‘‘(II) at the State’s discretion, the 

11 extended-year adjusted cohort gradua12 tion rate, calculated and reported sepa13 rately for students graduating in 5 

14 years or less and students graduating 

15 in 6 years or less; 

16 ‘‘(v) each public school’s evaluation re17 sults as determined in accordance with sub18 section (b)(3)(B)(ii); 

19 ‘‘(vi) the acquisition of English pro20 ficiency by English learners; 

21 ‘‘(vii) the number and percentage of 

22 teachers in each category established under 

23 clause (iii) of section 2123(1)(A), except 

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1 sonally identifiable information about an 

2 individual teacher; and 

3 ‘‘(viii) the results of the assessments de4 scribed in subsection (c)(2). 

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

6 may include in its annual State report card 

7 such other information as the State believes will 

8 best provide parents, students, and other mem9 bers of the public with information regarding the 

10 progress of each of the State’s public elementary 

11 schools and public secondary schools. 

12 ‘‘(2) ANNUAL LOCAL EDUCATIONAL AGENCY RE13 PORT CARDS.— 

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

15 agency that receives assistance under this sub16 part shall prepare and disseminate an annual 

17 local educational agency report card. 

18 ‘‘(B) MINIMUM REQUIREMENTS.—The State 

19 educational agency shall ensure that each local 

20 educational agency collects appropriate data and 

21 includes in the local educational agency’s annual 

22 report the information described in paragraph 

23 (1)(C) as applied to the local educational agency 

24 and each school served by the local educational 

25 agency, and— 


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

2 agency, information that shows how stu3 dents served by the local educational agency 

4 achieved on the statewide academic assess5 ment and other academic indicators adopt6 ed in accordance with subsection 

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

8 State as a whole; and 

9 ‘‘(ii) in the case of a school, the school’s 

10 evaluation under subsection (b)(3)(B)(ii). 

11 ‘‘(C) OTHER INFORMATION.—A local edu12 cational agency may include in its annual local 

13 educational agency report card any other appro14 priate information, whether or not such informa15 tion is included in the annual State report card. 

16 ‘‘(D) DATA.—A local educational agency or 

17 school shall only include in its annual local edu18 cational agency report card data that are suffi19 cient to yield statistically reliable information, 

20 as determined by the State, and that do not re21 veal personally identifiable information about an 

22 individual student. 

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

24 educational agency shall publicly disseminate the 

25 information described in this paragraph to all 


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1 schools served by the local educational agency 

2 and to all parents of students attending those 

3 schools in an understandable and uniform for4 mat, and, to the extent practicable, in a lan5 guage that parents can understand, and make 

6 the information widely available through public 

7 means, such as posting on the Internet, distribu8 tion to the media, and distribution through pub9 lic agencies, except that if a local educational 

10 agency issues a report card for all students, the 

11 local educational agency may include the infor12 mation under this section as part of such report. 

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

14 educational agency or local educational agency may 

15 use public report cards on the performance of stu16 dents, schools, local educational agencies, or the State, 

17 that were in effect prior to the enactment of the Stu18 dent Success Act for the purpose of this subsection, so 

19 long as any such report card is modified, as may be 

20 needed, to contain the information required by this 

21 subsection. 

22 ‘‘(4) PARENTS RIGHT-TO-KNOW.— 

23 ‘‘(A) ACHIEVEMENT INFORMATION.—At the 

24 beginning of each school year, a school that re25 ceives funds under this subpart shall provide to 


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1 each individual parent information on the level 

2 of achievement of the parent’s child in each of 

3 the State academic assessments and other aca4 demic indicators adopted in accordance with this 

5 subpart. 

6 ‘‘(B) FORMAT.—The notice and information 

7 provided to parents under this paragraph shall 

8 be in an understandable and uniform format 

9 and, to the extent practicable, provided in a lan10 guage that the parents can understand. 

11 ‘‘(i) PRIVACY.—Information collected under this sec12 tion shall be collected and disseminated in a manner that 

13 protects the privacy of individuals consistent with section 

14 444 of the General Education Provisions Act. 

15 ‘‘(j) VOLUNTARY PARTNERSHIPS.—A State may enter 

16 into a voluntary partnership with another State to develop 

17 and implement the academic assessments and standards re18 quired under this section, except that the Secretary shall 

19 not attempt to influence, incentivize, or coerce State par20 ticipation in any such partnerships. 

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

22 construed to prescribe the use of the academic assessments 

23 described in this part for student promotion or graduation 

24 purposes. 


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1 ‘‘(l) SPECIAL RULE WITH RESPECT TO BUREAU2 FUNDED SCHOOLS.—In determining the assessments to be 

3 used by each school operated or funded by the Bureau of 

4 Indian Education receiving funds under this subpart, the 

5 following shall apply: 

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

7 State in which it is operating shall use the assess8 ments and other academic indicators the State has 

9 developed and implemented to meet the requirements 

10 of this section, or such other appropriate assessment 

11 and academic indicators as approved by the Sec12 retary of the Interior. 

13 ‘‘(2) Each such school that is accredited by a re14 gional accrediting organization shall adopt an appro15 priate assessment and other academic indicators, in 

16 consultation with and with the approval of, the Sec17 retary of the Interior and consistent with assessments 

18 and academic indicators adopted by other schools in 

19 the same State or region, that meet the requirements 

20 of this section. 

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

22 tribal accrediting agency or tribal division of edu23 cation shall use an assessment and other academic in24 dicators developed by such agency or division, except 

25 that the Secretary of the Interior shall ensure that 


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1 such assessment and academic indicators meet the re2 quirements of this section.’’. 

3 SEC. 113. LOCAL EDUCATIONAL AGENCY PLANS. 

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

5 follows: 

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

7 ‘‘(a) PLANS REQUIRED.— 

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

9 may receive a subgrant under this subpart for any 

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

11 State educational agency a plan, approved by the 

12 State educational agency, that is coordinated with 

13 other programs under this Act, the Individuals with 

14 Disabilities Education Act, the Carl D. Perkins Ca15 reer and Technical Education Act of 2006, the 

16 McKinney-Vento Homeless Assistance Act, and other 

17 Acts, as appropriate. 

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

19 may be submitted as part of a consolidated applica20 tion under section 5305. 

21 ‘‘(b) PLAN PROVISIONS.—Each local educational agen22 cy plan shall describe— 

23 ‘‘(1) how the local educational agency will mon24 itor, in addition to the State assessments described in 


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

2 State’s academic standards; 

3 ‘‘(2) how the local educational agency will iden4 tify quickly and effectively those students who may be 

5 at risk of failing to meet the State’s academic stand6 ards; 

7 ‘‘(3) how the local educational agency will pro8 vide additional educational assistance to individual 

9 students in need of additional help in meeting the 

10 State’s academic standards; 

11 ‘‘(4) how the local educational agency will im12 plement the school improvement system described in 

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

14 schools identified under such section; 

15 ‘‘(5) how the local educational agency will co16 ordinate programs under this subpart with other pro17 grams under this Act and other Acts, as appropriate; 

18 ‘‘(6) the poverty criteria that will be used to se19 lect school attendance areas under section 1113; 

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

21 administrators, and specialized instructional support 

22 personnel, in targeted assistance schools under section 

23 1115, will identify the eligible children most in need 

24 of services under this subpart; 


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

2 conducted by the local educational agency’s schools 

3 under sections 1114 and 1115, and, where appro4 priate, educational services outside such schools for 

5 children living in local institutions for neglected and 

6 delinquent children, and for neglected and delinquent 

7 children in community day school programs; 

8 ‘‘(9) how the local educational agency will ensure 

9 that migratory children who are eligible to receive 

10 services under this subpart are selected to receive such 

11 services on the same basis as other children who are 

12 selected to receive services under this subpart; 

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

14 will provide homeless children, including services pro15 vided with funds reserved under section 

16 1113(c)(3)(A); 

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

18 will use to implement effective parental involvement 

19 under section 1118; 

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

21 agency will use funds under this subpart to support 

22 preschool programs for children, particularly children 

23 participating in a Head Start program, which serv24 ices may be provided directly by the local educational 

25 agency or through a subcontract with the local Head 


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1 Start agency designated by the Secretary of Health 

2 and Human Services under section 641 of the Head 

3 Start Act, or another comparable early childhood de4 velopment program; 

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

6 incentives for voluntary transfers, the provision of 

7 professional development, recruitment programs, in8 centive pay, performance pay, or other effective strate9 gies, will address disparities in the rates of low-in10 come and minority students and other students being 

11 taught by ineffective teachers; and 

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

13 agency will use funds under this subpart to support 

14 programs that coordinate and integrate— 

15 ‘‘(A) career and technical education aligned 

16 with State technical standards that promote 

17 skills attainment important to in-demand occu18 pations or industries in the State and the State’s 

19 academic standards under section 1111(b)(1); 

20 and 

21 ‘‘(B) work-based learning opportunities that 

22 provide students in-depth interaction with in23 dustry professionals. 


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

2 plan shall provide assurances that the local educational 

3 agency will— 

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

5 academic assessments of 4th and 8th grade reading 

6 and mathematics under the National Assessment of 

7 Educational Progress carried out under section 

8 303(b)(2) of the National Assessment of Educational 

9 Progress Authorization Act; 

10 ‘‘(2) inform schools of schoolwide program au11 thority and the ability to consolidate funds from Fed12 eral, State, and local sources; 

13 ‘‘(3) provide technical assistance to schoolwide 

14 programs; 

15 ‘‘(4) provide services to eligible children attend16 ing private elementary and secondary schools in ac17 cordance with section 1120, and timely and meaning18 ful consultation with private school officials or rep19 resentatives regarding such services; 

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

21 that chooses to use funds under this subpart to pro22 vide early childhood development services to low-in23 come children below the age of compulsory school at24 tendance, ensure that such services comply with the 


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1 performance standards established under section 

2 641A(a) of the Head Start Act; 

3 ‘‘(6) inform eligible schools of the local edu4 cational agency’s authority to request waivers on the 

5 school’s behalf under Title V; and 

6 ‘‘(7) ensure that the results of the academic as7 sessments required under section 1111(b)(2) will be 

8 provided to parents and teachers as soon as is prac9 ticably possible after the test is taken, in an under10 standable and uniform format and, to the extent 

11 practicable, provided in a language that the parents 

12 can understand. 

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

14 (c)(5), the Secretary shall— 

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

16 Human Services and shall establish procedures (tak17 ing into consideration existing State and local laws, 

18 and local teacher contracts) to assist local educational 

19 agencies to comply with such subparagraph; and 

20 ‘‘(2) disseminate to local educational agencies the 

21 education performance standards in effect under sec22 tion 641A(a)(1)(B) of the Head Start Act, and such 

23 agencies affected by such subsection shall plan for the 

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1 sideration existing State and local laws, and local 

2 teacher contracts). 

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

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

5 agency plan shall be developed in consultation with 

6 teachers, school leaders, administrators, and other ap7 propriate school personnel, and with parents of chil8 dren in schools served under this subpart. 

9 ‘‘(2) DURATION.—Each such plan shall be sub10 mitted for the first year for which this part is in ef11 fect following the date of enactment of this Act and 

12 shall remain in effect for the duration of the agency’s 

13 participation under this subpart. 

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

15 shall periodically review and, as necessary, revise its 

16 plan. 

17 ‘‘(f) STATE APPROVAL.— 

18 ‘‘(1) IN GENERAL.—Each local educational agen19 cy plan shall be filed according to a schedule estab20 lished by the State educational agency. 

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

22 shall approve a local educational agency’s plan only 

23 if the State educational agency determines that the 

24 local educational agency’s plan— 


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1 ‘‘(A) enables schools served under this sub2 part to substantially help children served under 

3 this subpart to meet the State’s academic stand4 ards described in section 1111(b)(1); and 

5 ‘‘(B) meets the requirements of this section. 

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

7 shall review the local educational agency’s plan to de8 termine if such agency’s activities are in accordance 

9 with section 1118. 

10 ‘‘(g) PARENTAL NOTIFICATION.— 

11 ‘‘(1) IN GENERAL.—Each local educational agen12 cy using funds under this subpart and subpart 4 to 

13 provide a language instruction educational program 

14 shall, not later than 30 days after the beginning of 

15 the school year, inform parents of an English learner 

16 identified for participation, or participating in, such 

17 a program of— 

18 ‘‘(A) the reasons for the identification of 

19 their child as an English learner and in need of 

20 placement in a language instruction educational 

21 program; 

22 ‘‘(B) the child’s level of English proficiency, 

23 how such level was assessed, and the status of the 

24 child’s academic achievement; 


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1 ‘‘(C) the methods of instruction used in the 

2 program in which their child is, or will be par3 ticipating, and the methods of instruction used 

4 in other available programs, including how such 

5 programs differ in content, instructional goals, 

6 and the use of English and a native language in 

7 instruction; 

8 ‘‘(D) how the program in which their child 

9 is, or will be participating, will meet the edu10 cational strengths and needs of their child; 

11 ‘‘(E) how such program will specifically 

12 help their child learn English, and meet age-ap13 propriate academic achievement standards for 

14 grade promotion and graduation; 

15 ‘‘(F) the specific exit requirements for the 

16 program, including the expected rate of transi17 tion from such program into classrooms that are 

18 not tailored for English learners, and the ex19 pected rate of graduation from high school for 

20 such program if funds under this subpart are 

21 used for children in secondary schools; 

22 ‘‘(G) in the case of a child with a disability, 

23 how such program meets the objectives of the in24 dividualized education program of the child; and 


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1 ‘‘(H) information pertaining to parental 

2 rights that includes written guidance— 

3 ‘‘(i) detailing— 

4 ‘‘(I) the right that parents have to 

5 have their child immediately removed 

6 from such program upon their request; 

7 and 

8 ‘‘(II) the options that parents 

9 have to decline to enroll their child in 

10 such program or to choose another pro11 gram or method of instruction, if 

12 available; and 

13 ‘‘(ii) assisting parents in selecting 

14 among various programs and methods of 

15 instruction, if more than one program or 

16 method is offered by the eligible entity. 

17 ‘‘(2) NOTICE.—The notice and information pro18 vided in paragraph (1) to parents of a child identi19 fied for participation in a language instruction edu20 cational program for English learners shall be in an 

21 understandable and uniform format and, to the extent 

22 practicable, provided in a language that the parents 

23 can understand. 

24 ‘‘(3) SPECIAL RULE APPLICABLE DURING THE

25 SCHOOL YEAR.—For those children who have not been 


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1 identified as English learners prior to the beginning 

2 of the school year the local educational agency shall 

3 notify parents within the first 2 weeks of the child 

4 being placed in a language instruction educational 

5 program consistent with paragraphs (1) and (2). 

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

7 educational agency receiving funds under this subpart 

8 shall implement an effective means of outreach to par9 ents of English learners to inform the parents regard10 ing how the parents can be involved in the education 

11 of their children, and be active participants in assist12 ing their children to attain English proficiency, 

13 achieve at high levels in core academic subjects, and 

14 meet the State’s academic standards expected of all 

15 students, including holding, and sending notice of op16 portunities for, regular meetings for the purpose of 

17 formulating and responding to recommendations from 

18 parents of students assisted under this subpart. 

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

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

21 any federally assisted education program on the basis 

22 of a surname or language-minority status.’’. 

23 SEC. 114. ELIGIBLE SCHOOL ATTENDANCE AREAS. 

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


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

2 inserting ‘‘subpart’’; and 

3 (2) in subsection (c)— 

4 (A) by amending paragraph (3) to read as 

5 follows: 

6 ‘‘(3) RESERVATIONS.— 

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

8 agency shall reserve such funds as are necessary 

9 under this subpart to provide services com10 parable to those provided to children in schools 

11 funded under this subpart to serve the following: 

12 ‘‘(i) Homeless children and youths, 

13 which may include— 

14 ‘‘(I) for homeless children and 

15 youths who are attending schools not 

16 receiving assistance under this subpart 

17 and schools receiving assistance under 

18 this subpart, providing transportation 

19 pursuant to section 722(g)(1)(J)(iii) of 

20 the McKinney-Vento Homeless Assist21 ance Act; and 

22 ‘‘(II) for homeless children and 

23 youths who are attending schools not 

24 receiving assistance under this sub25 part— 


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1 ‘‘(aa) providing support 

2 services to homeless children and 

3 youths in shelters and other loca4 tions where they may live; and 

5 ‘‘(bb) removing barriers to 

6 homeless children and youths’ en7 rollment, attendance, retention, 

8 and success in school. 

9 ‘‘(ii) Children in local institutions for 

10 neglected children. 

11 ‘‘(iii) If appropriate, children in local 

12 institutions for delinquent children, and ne13 glected or delinquent children in community 

14 day school programs. 

15 ‘‘(B) AMOUNT RESERVED.—The amount of 

16 funds reserved under subparagraph (A)(i) may 

17 be based upon a needs assessment of the homeless 

18 children and youths in the local educational 

19 agency, which may include the following: 

20 ‘‘(i) Information related to child, 

21 youth, and family homelessness in the local 

22 educational agency obtained through the co23 ordination and collaboration under sub24 sections (f)(4) and (g)(5) of section 722 of 


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1 the McKinney-Vento Homeless Assistance 

2 Act. 

3 ‘‘(ii) The number of homeless children 

4 and youths reported by the local educational 

5 agency to the State educational agency 

6 under section 722(f)(3) of such Act for the 

7 previous school year. 

8 ‘‘(iii) Gaps in identification of home9 less children and youths in the local edu10 cational agency, as described by the liaison 

11 designated pursuant to section 

12 722(g)(1)(J)(ii) of such Act.’’; and 

13 (B) in paragraph (4)— 

14 (i) by striking ‘‘subpart 2’’ and insert15 ing ‘‘chapter B’’; and 

16 (ii) by striking ‘‘school improvement, 

17 corrective action, and restructuring under 

18 section 1116(b)’’ and inserting ‘‘school im19 provement under section 

20 1111(b)(3)(B)(iii)’’. 

21 SEC. 115. SCHOOLWIDE PROGRAMS. 

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

23 (1) in subsection (a)— 

24 (A) in paragraph (1)— 


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

2 ‘‘subpart’’; and 

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

4 ‘‘such families’’; 

5 (B) in paragraph (2)— 

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

7 ‘‘part’’ and inserting ‘‘subpart’’; and 

8 (ii) in subparagraph (B)— 

9 (I) by striking ‘‘children with 

10 limited English proficiency’’ and in11 serting ‘‘English learners’’; and 

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

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

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

16 children,’’; and 

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

18 (2) in subsection (b)— 

19 (A) in paragraph (1)— 

20 (i) in subparagraph (A)— 

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

22 all that follows through ‘‘1309(2))’’; 

23 and 

24 (II) by striking ‘‘content stand25 ards and the State student academic 


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1 achievement standards’’ and inserting 

2 ‘‘standards’’; 

3 (ii) in subparagraph (B)— 

4 (I) in clause (i), by striking ‘‘pro5 ficient’’ and all that follows through 

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

7 ‘‘academic standards described in sec8 tion 1111(b)(1)’’; 

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

10 preceding subclause (I), by striking 

11 ‘‘based on scientifically based research’’ 

12 and inserting ‘‘evidence-based’’; 

13 (III) in clause (iii)(I)— 

14 (aa) by striking ‘‘student 

15 academic achievement standards’’ 

16 and inserting ‘‘academic stand17 ards’’; and 

18 (bb) by striking ‘‘schoolwide 

19 program,’’ and all that follows 

20 through ‘‘technical education pro21 grams; and’’ and inserting 

22 ‘‘schoolwide programs; and’’; and 

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

24 ‘‘the State and local improvement 


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1 plans’’ and inserting ‘‘school improve2 ment strategies’’; 

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

4 ‘‘highly qualified’’ and inserting ‘‘effective’’; 

5 (iv) in subparagraph (D)— 

6 (I) by striking ‘‘In accordance 

7 with section 1119 and subsection 

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

9 ‘‘High-quality’’; 

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

11 and inserting ‘‘specialized instruc12 tional support services’’; and 

13 (III) by striking ‘‘student aca14 demic achievement’’ and inserting 

15 ‘‘academic’’; 

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

17 ‘‘high-quality highly qualified’’ and insert18 ing ‘‘effective’’; 

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

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

21 Reading First, or a State-run preschool 

22 program,’’; 

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

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

25 1111(b)(2)’’; 


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

2 ‘‘proficient or advanced levels of academic 

3 achievement standards’’ and inserting 

4 ‘‘State academic standards’’; and 

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

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

7 (B) in paragraph (2)— 

8 (i) in subparagraph (A)— 

9 (I) in the matter preceding clause 

10 (i)— 

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

13 through ‘‘2001)’’ and inserting 

14 ‘‘have in place’’; and 

15 (bb) by striking ‘‘and its 

16 school support team or other tech17 nical assistance provider under 

18 section 1117’’; 

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

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

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

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

23 ‘‘section 1111(b)(2)’’; and 

24 (ii) in subparagraph (B)— 

25 (I) in clause (i)— 


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1 (aa) in subclause (I), by 

2 striking ‘‘, after considering the 

3 recommendation of the technical 

4 assistance providers under section 

5 1117,’’; and 

6 (bb) in subclause (II), by 

7 striking ‘‘the No Child Left Be8 hind Act of 2001’’ and inserting 

9 ‘‘Student Success Act’’ ; 

10 (II) in clause (ii)— 

11 (aa) by striking ‘‘(including 

12 administrators of programs de13 scribed in other parts of this 

14 title)’’; and 

15 (bb) by striking ‘‘pupil serv16 ices’’ and inserting ‘‘specialized 

17 instructional support services’’; 

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

19 ‘‘part’’ and inserting ‘‘subpart’’; and 

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

21 ‘‘Reading First, Early Reading First, 

22 Even Start,’’; and 

23 (3) in subsection (c)— 

24 (A) by striking ‘‘part’’ and inserting ‘‘sub25 part’’; and 


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1 (B) by striking ‘‘6,’’ and all that follows 

2 through the period at the end and inserting ‘‘6.’’. 

3 SEC. 116. TARGETED ASSISTANCE SCHOOLS. 

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

5 (1) in subsection (a)— 

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

7 schoolwide program under section 1114, or that’’; 

8 (B) by striking ‘‘operate such’’ and insert9 ing ‘‘operate’’; and 

10 (C) by striking ‘‘part’’ and inserting ‘‘sub11 part’’; 

12 (2) in subsection (b)— 

13 (A) in paragraph (1)(B), by striking ‘‘chal14 lenging student academic achievement’’ and in15 serting ‘‘academic’’; 

16 (B) in paragraph (2)— 

17 (i) in subparagraph (A)— 

18 (I) by striking ‘‘limited English 

19 proficient children’’ and inserting 

20 ‘‘English learners’’; and 

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

22 it appears and inserting ‘‘subpart’’; 

23 (ii) in subparagraph (B)— 


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

2 EVEN START, OR EARLY READING

3 FIRST’’; and 

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

5 Early Reading First’’; 

6 (iii) in subparagraph (C)— 

7 (I) by amending the heading to 

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

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

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

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

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

16 inserting ‘‘subpart’’; 

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

18 and inserting ‘‘subpart’’; 

19 (3) in subsection (c)— 

20 (A) in paragraph (1)— 

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

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


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

4 (ii) in subparagraph (A)— 

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

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

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

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

12 (iv) in subparagraph (C)— 

13 (I) in the matter preceding clause 

14 (i), by striking ‘‘based on scientifically 

15 based research’’ and inserting ‘‘evi16 dence-based’’; and 

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

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

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

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

21 Reading First or State-run preschool pro22 grams’’; 

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

24 ‘‘highly qualified’’ and inserting ‘‘effective’’; 

25 (vii) in subparagraph (F)— 


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1 (I) by striking ‘‘in accordance 

2 with subsection (e)(3) and section 

3 1119,’’; 

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

6 (III) by striking ‘‘pupil services 

7 personnel’’ and inserting ‘‘specialized 

8 instructional support personnel’’; and 

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

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

11 (B) in paragraph (2)— 

12 (i) in the matter preceding subpara13 graph (A), by striking ‘‘proficient and ad14 vanced levels of achievement’’ and inserting 

15 ‘‘academic standards’’; 

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

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

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

19 ‘‘challenging student academic achievement’’ 

20 and inserting ‘‘academic’’; 

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

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

24 (5) in subsection (e)— 

25 (A) in paragraph (2)(B)— 


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

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

3 and 

4 (ii) in clause (iii), by striking ‘‘pupil 

5 services’’ and inserting ‘‘specialized instruc6 tional support services’’; and 

7 (B) by striking paragraph (3). 

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

11 The Act is amended by repealing sections 1116 and 

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

13 SEC. 118. PARENTAL INVOLVEMENT. 

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

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

17 (2) in subsection (a)— 

18 (A) in paragraph (2)— 

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

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

21 and 

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

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

24 ‘‘preschool programs’’; and 


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1 (B) in paragraph (3)(A), by striking ‘‘sub2 part 2 of this part’’ each place it appears and 

3 inserting ‘‘chapter B of this subpart’’; 

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

5 follows: 

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

7 curriculum in use at the school and the forms of 

8 academic assessment used to measure student 

9 progress; and’’; 

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

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

12 (5) in subsection (e)— 

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

14 academic content standards and State student 

15 academic achievement standards’’ and inserting 

16 ‘‘State’s academic standards’’; 

17 (B) in paragraph (3)— 

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

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

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

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1 school Youngsters, the Parents as Teachers Pro2 gram, and public preschool and other’’ and in3 serting ‘‘other Federal, State, and local’’; and 

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

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

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

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

11 programs.’’. 

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

14 The Act is amended by repealing section 1119 (20 

15 U.S.C. 6319). 

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

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

19 follows: 

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

21 PRIVATE SCHOOLS. 

22 ‘‘(a) GENERAL REQUIREMENT.— 

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

24 the number of eligible children identified under sec25 tion 1115(b) in the school district served by a local 


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1 educational agency who are enrolled in private ele2 mentary schools and secondary schools, a local edu3 cational agency shall— 

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

6 representatives, provide such service, on an equi7 table basis and individually or in combination, 

8 as requested by the officials or representatives to 

9 best meet the needs of such children, special edu10 cational services, instructional services, coun11 seling, mentoring, one-on-one tutoring, or other 

12 benefits under this subpart (such as dual enroll13 ment, educational radio and television, computer 

14 equipment and materials, other technology, and 

15 mobile educational services and equipment) that 

16 address their needs; and 

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

18 the children participate, on an equitable basis, 

19 in services and activities developed pursuant to 

20 this subpart. 

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

22 Such educational services or other benefits, including 

23 materials and equipment, shall be secular, neutral, 

24 and nonideological. 

25 ‘‘(3) EQUITY.— 


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

2 and other benefits for such private school chil3 dren shall be equitable in comparison to services 

4 and other benefits for public school children par5 ticipating under this subpart, and shall be pro6 vided in a timely manner. 

7 ‘‘(B) OMBUDSMAN.—To help ensure such eq8 uity for such private school children, teachers, 

9 and other educational personnel, the State edu10 cational agency involved shall designate an om11 budsman to monitor and enforce the require12 ments of this subpart. 

13 ‘‘(4) EXPENDITURES.— 

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

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

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

23 private school children shall— 


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

2 which the funds are received by the agency; 

3 and 

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

5 that cannot be so obligated, be used to serve 

6 such children in the following fiscal year. 

7 ‘‘(5) PROVISION OF SERVICES.—The local edu8 cational agency or, in a case described in subsection 

9 (b)(6)(C), the State educational agency involved, may 

10 provide services under this section directly or through 

11 contracts with public or private agencies, organiza12 tions, and institutions. 

13 ‘‘(b) CONSULTATION.— 

14 ‘‘(1) IN GENERAL.—To ensure timely and mean15 ingful consultation, a local educational agency shall 

16 consult with appropriate private school officials or 

17 representatives during the design and development of 

18 such agency’s programs under this subpart in order 

19 to reach an agreement between the agency and the of20 ficials or representatives about equitable and effective 

21 programs for eligible private school children, the re22 sults of which shall be transmitted to the designated 

23 ombudsmen under section 1120(a)(3)(B). Such proc24 ess shall include consultation on issues such as— 


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1 ‘‘(A) how the children’s needs will be identi2 fied; 

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

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

5 will be provided; 

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

7 assessed and how the results of that assessment 

8 will be used to improve those services; 

9 ‘‘(E) the size and scope of the equitable serv10 ices to be provided to the eligible private school 

11 children, and the proportion of funds that is al12 located under subsection (a)(4) for such services, 

13 how that proportion of funds is determined 

14 under such subsection, and an itemization of the 

15 costs of the services to be provided; 

16 ‘‘(F) the method or sources of data that are 

17 used under subsection (c) and section 1113(c)(1) 

18 to determine the number of children from low-in19 come families in participating school attendance 

20 areas who attend private schools; 

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

22 decisions about the delivery of services to such 

23 children, including a thorough consideration and 

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1 ices through a contract with potential third2 party providers; 

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

4 views of the private school officials or representa5 tives on the provision of services through a con6 tract, the local educational agency will provide 

7 in writing to such private school officials an 

8 analysis of the reasons why the local educational 

9 agency has chosen not to use a contractor; 

10 ‘‘(I) whether the agency will provide serv11 ices under this section directly or through con12 tracts with public and private agencies, organi13 zations, and institutions; 

14 ‘‘(J) whether to provide equitable services to 

15 eligible private school children— 

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

17 funds with all of the funds allocated under 

18 paragraph (4) based on all the children 

19 from low-income families who attend pri20 vate schools in a participating school at21 tendance area of the agency from which the 

22 local educational agency will provide such 

23 services to all such children; or 

24 ‘‘(ii) by providing such services to eli25 gible children in each private school in the 


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1 agency’s participating school attendance 

2 area with the proportion of funds allocated 

3 under paragraph (4) based on the number 

4 of children from low-income families who 

5 attend such school; and 

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

7 under this subpart to provide schoolwide pro8 grams for a private school. 

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

10 agency disagrees with the views of private school offi11 cials or representatives with respect to an issue de12 scribed in paragraph (1), the local educational agency 

13 shall provide in writing to such private school offi14 cials an analysis of the reasons why the local edu15 cational agency has chosen not to adopt the course of 

16 action requested by such officials. 

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

18 meetings of agency and private school officials or rep19 resentatives and shall occur before the local edu20 cational agency makes any decision that affects the 

21 opportunities of eligible private school children to 

22 participate in programs under this subpart. Such 

23 meetings shall continue throughout implementation 

24 and assessment of services provided under this section. 


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1 ‘‘(4) DISCUSSION.—Such consultation shall in2 clude a discussion of service delivery mechanisms a 

3 local educational agency can use to provide equitable 

4 services to eligible private school children. 

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

6 agency shall maintain in the agency’s records and 

7 provide to the State educational agency involved a 

8 written affirmation signed by officials or representa9 tives of each participating private school that the 

10 meaningful consultation required by this section has 

11 occurred. The written affirmation shall provide the 

12 option for private school officials or representatives to 

13 indicate that timely and meaningful consultation has 

14 not occurred or that the program design is not equi15 table with respect to eligible private school children. 

16 If such officials or representatives do not provide such 

17 affirmation within a reasonable period of time, the 

18 local educational agency shall forward the documenta19 tion that such consultation has, or attempts at such 

20 consultation have, taken place to the State edu21 cational agency. 

22 ‘‘(6) COMPLIANCE.— 

23 ‘‘(A) IN GENERAL.—A private school official 

24 shall have the right to file a complaint with the 

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1 cational agency did not engage in consultation 

2 that was meaningful and timely, did not give 

3 due consideration to the views of the private 

4 school official, or did not treat the private school 

5 or its students equitably as required by this sec6 tion. 

7 ‘‘(B) PROCEDURE.—If the private school of8 ficial wishes to file a complaint, the official shall 

9 provide the basis of the noncompliance with this 

10 section by the local educational agency to the 

11 State educational agency, and the local edu12 cational agency shall forward the appropriate 

13 documentation to the State educational agency. 

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

15 State educational agency shall provide services 

16 under this section directly or through contracts 

17 with public or private agencies, organizations, 

18 and institutions, if— 

19 ‘‘(i) the appropriate private school offi20 cials or their representatives have— 

21 ‘‘(I) requested that the State edu22 cational agency provide such services 

23 directly; and 


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1 ‘‘(II) demonstrated that the local 

2 educational agency involved has not 

3 met the requirements of this section; or 

4 ‘‘(ii) in a case in which— 

5 ‘‘(I) a local educational agency 

6 has more than 10,000 children from 

7 low-income families who attend private 

8 elementary schools or secondary schools 

9 in a participating school attendance 

10 area of the agency that are not being 

11 served by the agency’s program under 

12 this section; or 

13 ‘‘(II) 90 percent of the eligible 

14 private school students in a partici15 pating school attendance area of the 

16 agency are not being served by the 

17 agency’s program under this section. 

18 ‘‘(c) ALLOCATION FOR EQUITABLE SERVICE TO PRI19 VATE SCHOOL STUDENTS.— 

20 ‘‘(1) CALCULATION.—A local educational agency 

21 shall have the final authority, consistent with this sec22 tion, to calculate the number of children, ages 5 

23 through 17, who are from low-income families and at24 tend private schools by— 


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1 ‘‘(A) using the same measure of low income 

2 used to count public school children; 

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

4 the extent possible, protects the identity of fami5 lies of private school students, and allowing such 

6 survey results to be extrapolated if complete ac7 tual data are unavailable; 

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

9 each participating public school attendance area, 

10 determined pursuant to this section, to the num11 ber of private school children who reside in that 

12 school attendance area; or 

13 ‘‘(D) using an equated measure of low in14 come correlated with the measure of low income 

15 used to count public school children. 

16 ‘‘(2) COMPLAINT PROCESS.—Any dispute regard17 ing low-income data for private school students shall 

18 be subject to the complaint process authorized in sec19 tion 5503. 

20 ‘‘(d) PUBLIC CONTROL OF FUNDS.— 

21 ‘‘(1) IN GENERAL.—The control of funds pro22 vided under this subpart, and title to materials, 

23 equipment, and property purchased with such funds, 

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


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1 administer such funds, materials, equipment, and 

2 property. 

3 ‘‘(2) PROVISION OF SERVICES.— 

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

5 under this section shall be provided— 

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

7 or 

8 ‘‘(ii) through a contract by such public 

9 agency with an individual, association, 

10 agency, or organization. 

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

12 such services, such employee, individual, associa13 tion, agency, or organization shall be inde14 pendent of such private school and of any reli15 gious organization, and such employment or con16 tract shall be under the control and supervision 

17 of such public agency. 

18 ‘‘(e) STANDARDS FOR A BYPASS.—If a local edu19 cational agency is prohibited by law from providing for the 

20 participation in programs on an equitable basis of eligible 

21 children enrolled in private elementary schools and sec22 ondary schools, or if the Secretary determines that a local 

23 educational agency has substantially failed or is unwilling 

24 to provide for such participation, as required by this sec25 tion, the Secretary shall— 


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

2 such local educational agency; 

3 ‘‘(2) arrange for the provision of services to such 

4 children through arrangements that shall be subject to 

5 the requirements of this section and sections 5503 and 

6 5504; and 

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

8 subsection, consider one or more factors, including the 

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

10 the opportunity of eligible children to participate.’’. 

11 SEC. 121. FISCAL REQUIREMENTS. 

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

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

14 inserting ‘‘subpart’’; and 

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

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

17 and (c), respectively. 

18 SEC. 122. COORDINATION REQUIREMENTS. 

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

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

21 inserting ‘‘subpart’’; 

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

23 Early Reading First program’’; and 

24 (3) in subsection (b)— 


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

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

3 program,’’; 

4 (B) in paragraphs (1) through (3), by strik5 ing ‘‘such as the Early Reading First program’’ 

6 each place it appears; 

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

8 Reading First program staff,’’; and 

9 (D) in paragraph (5), by striking ‘‘and en10 tities carrying out Early Reading First pro11 grams’’. 

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

13 SECRETARY OF THE INTERIOR. 

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

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

16 for payments to States for any fiscal year under sec17 tion 1002(a) and 1125A(f)’’ and inserting ‘‘reserved 

18 for this chapter under section 1122(a)’’; and 

19 (2) in subsection (b)— 

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

21 Child Left Behind Act of 2001’’ and inserting 

22 ‘‘the Student Success Act’’; 

23 (B) in paragraph (3)— 


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

2 ‘‘basis,’’ and all that follows through the pe3 riod at the end and inserting ‘‘basis.’’; 

4 (ii) in subparagraph (C)(ii), by strik5 ing ‘‘challenging State academic content 

6 standards’’ and inserting ‘‘State academic 

7 standards’’; and 

8 (iii) by striking subparagraph (D); 

9 and 

10 (3) in subsection (d)(2), by striking ‘‘part’’ and 

11 inserting ‘‘subpart’’. 

12 SEC. 124. ALLOCATIONS TO STATES. 

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

14 (1) by amending subsection (a) to read as fol15 lows: 

16 ‘‘(a) RESERVATION.— 

17 ‘‘(1) IN GENERAL.—From the amounts appro18 priated under section 3(a)(1), the Secretary shall re19 serve 91 percent of such amounts to carry out this 

20 chapter. 

21 ‘‘(2) ALLOCATION FORMULA.—Of the amount re22 served under paragraph (1) for each of fiscal years 

23 2013 to 2018 (referred to in this subsection as the 

24 current fiscal year)— 


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

2 available to carry out section 1124 for fiscal year 

3 2001 shall be used to carry out section 1124; 

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

5 available to carry out section 1124A for fiscal 

6 year 2001 shall be used to carry out section 

7 1124A; and 

8 ‘‘(C) an amount equal to 100 percent of the 

9 amount, if any, by which the total amount made 

10 available to carry out this chapter for the fiscal 

11 year for which the determination is made exceeds 

12 the total amount available to carry out sections 

13 1124 and 1124A for fiscal year 2001 shall be 

14 used to carry out section 1125 and 1125A and 

15 such amount shall be divided equally between 

16 section 1125 and section 1125A.’’; 

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

18 and inserting ‘‘chapter’’; 

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

20 inserting ‘‘subpart’’; and 

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

22 and inserting ‘‘chapter’’. 

23 SEC. 125. BASIC GRANTS TO LOCAL EDUCATIONAL AGEN24 CIES. 

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


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1 (1) in subsection (a)— 

2 (A) in paragraph (3)— 

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

4 ‘‘subpart’’ and inserting ‘‘chapter’’; and 

5 (ii) in subparagraph (C)(i), by strik6 ing ‘‘subpart’’ and inserting ‘‘chapter’’; and 

7 (B) in paragraph (4)(C), by striking ‘‘sub8 part’’ each place it appears and inserting ‘‘chap9 ter’’; and 

10 (2) in subsection (c)— 

11 (A) in paragraph (1)(B), by striking ‘‘sub12 part 1 of part D’’ and inserting ‘‘chapter A of 

13 subpart 3’’; and 

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

15 and inserting ‘‘subpart’’. 

16 SEC. 126. ADEQUACY OF FUNDING OF TARGETED GRANTS 

17 TO LOCAL EDUCATIONAL AGENCIES IN FIS18 CAL YEARS AFTER FISCAL YEAR 2001. 

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

20 as follows: 

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

22 GRANTS TO LOCAL EDUCATIONAL AGENCIES 

23 IN FISCAL YEARS AFTER FISCAL YEAR 2001. 

24 ‘‘Pursuant to section 1122, the total amount allocated 

25 in any fiscal year after fiscal year 2001 for programs and 


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1 activities under this subpart shall not exceed the amount 

2 allocated in fiscal year 2001 for such programs and activi3 ties unless the amount available for targeted grants to local 

4 educational agencies under section 1125 in the applicable 

5 fiscal year meets the requirements of section 1122(a).’’. 

6 SEC. 127. EDUCATION FINANCE INCENTIVE GRANT PRO7 GRAM. 

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

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

10 inserting ‘‘subpart’’; 

11 (2) in subsection (b)(1)— 

12 (A) in subparagraph (A), by striking ‘‘ap13 propriated pursuant to subsection (f)’’ and in14 serting ‘‘made available for any fiscal year to 

15 carry out this section’’; and 

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

17 ‘‘total appropriations’’ and inserting ‘‘the total 

18 amount reserved under section 1122(a) to carry 

19 out this section’’; and 

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

21 redesignating subsections (b), (c), (d), and (g) as sub22 sections (a), (b), (c), and (d), respectively. 

23 SEC. 128. CARRYOVER AND WAIVER. 

24 Section 1127 (20 U.S.C. 6339) is amended by striking 

25 ‘‘subpart’’ each place it appears and inserting ‘‘chapter’’. 


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1 Subtitle C—Additional Aid to 

2 States and School Districts 

3 SEC. 131. ADDITIONAL AID. 

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

5 as amended by the preceding provisions of this Act, is fur6 ther amended— 

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

8 H; and 

9 (2) by inserting after subpart 1 of part A the fol10 lowing: 

11 ‘‘Subpart 2—Education of Migratory Children 

12 ‘‘SEC. 1131. PROGRAM PURPOSES. 

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

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

15 and comprehensive educational programs and services 

16 during the school year, and as applicable, during 

17 summer or intercession periods, that address the 

18 unique educational needs of migratory children. 

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

20 move among the States, not be penalized in any man21 ner by disparities among the States in curriculum, 

22 graduation requirements, and State academic stand23 ards. 

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

25 meet the State academic standards that all children 


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1 are expected to meet, and graduate from high school 

2 prepared for postsecondary education and the work3 force without the need for remediation. 

4 ‘‘(4) To help such children overcome educational 

5 disruption, cultural and language barriers, social iso6 lation, various health-related problems, and other fac7 tors that inhibit the ability of such children to succeed 

8 in school. 

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

10 and local systemic reforms. 

11 ‘‘SEC. 1132. PROGRAM AUTHORIZED. 

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

13 under section 3(a)(1), the Secretary shall reserve 2.4 percent 

14 to carry out this subpart. 

15 ‘‘(b) GRANTS AWARDED.—From the amounts reserved 

16 under subsection (a) and not reserved under section 1138(c), 

17 the Secretary shall make allotments for the fiscal year to 

18 State educational agencies, or consortia of such agencies, 

19 to establish or improve, directly or through local operating 

20 agencies, programs of education for migratory children in 

21 accordance with this subpart. 

22 ‘‘SEC. 1133. STATE ALLOCATIONS. 

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

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


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1 of Puerto Rico) is entitled to receive under this subpart an 

2 amount equal to the product of— 

3 ‘‘(1) the sum of— 

4 ‘‘(A) the average number of identified eligi5 ble full-time equivalent migratory children aged 

6 3 through 21 residing in the State, based on data 

7 for the preceding 3 years; and 

8 ‘‘(B) the number of identified eligible mi9 gratory children, aged 3 through 21, who re10 ceived services under this subpart in summer or 

11 intersession programs provided by the State dur12 ing the previous year; multiplied by 

13 ‘‘(2) 40 percent of the average per-pupil expendi14 ture in the State, except that the amount determined 

15 under this paragraph shall not be less than 32 per16 cent, nor more than 48 percent, of the average per17 pupil expenditure in the United States. 

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

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

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

21 under this section for the previous year. 

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

23 year, the grant which the Commonwealth of Puerto Rico 

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

25 amount determined by multiplying the number of children 


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1 who would be counted under subsection (a)(1) if such sub2 section applied to the Commonwealth of Puerto Rico by the 

3 product of— 

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

5 expenditure in the Commonwealth of Puerto Rico is 

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

7 the 50 States, except that the percentage calculated 

8 under this subparagraph shall not be less than 85 

9 percent; and 

10 ‘‘(2) 32 percent of the average per-pupil expendi11 ture in the United States. 

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

13 ‘‘(1) IN GENERAL.— 

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

15 Secretary reserves funds under section 1138(c), 

16 the amount appropriated to carry out this sub17 part for any fiscal year is insufficient to pay in 

18 full the amounts for which all States are eligible, 

19 the Secretary shall ratably reduce each such 

20 amount. 

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

22 become available for making such payments for 

23 any fiscal year, the Secretary shall allocate such 

24 funds to States in amounts that the Secretary 


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1 determines will best carry out the purpose of this 

2 subpart. 

3 ‘‘(2) SPECIAL RULE.— 

4 ‘‘(A) FURTHER REDUCTIONS.—The Sec5 retary shall further reduce the amount of any 

6 grant to a State under this subpart for any fis7 cal year if the Secretary determines, based on 

8 available information on the numbers and needs 

9 of migratory children in the State and the pro10 gram proposed by the State to address such 

11 needs, that such amount exceeds the amount re12 quired under section 1134. 

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

14 reallocate such excess funds to other States whose 

15 grants under this subpart would otherwise be in16 sufficient to provide an appropriate level of serv17 ices to migratory children, in such amounts as 

18 the Secretary determines are appropriate. 

19 ‘‘(e) CONSORTIUM ARRANGEMENTS.— 

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

21 receives a grant of $1,000,000 or less under this sec22 tion, the Secretary shall consult with the State edu23 cational agency to determine whether consortium ar24 rangements with another State or other appropriate 


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1 entity would result in delivery of services in a more 

2 effective and efficient manner. 

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

4 amount of such State’s allocation, may submit a con5 sortium arrangement to the Secretary for approval. 

6 ‘‘(3) APPROVAL.—The Secretary shall approve a 

7 consortium arrangement under paragraph (1) or (2) 

8 if the proposal demonstrates that the arrangement 

9 will— 

10 ‘‘(A) reduce administrative costs or pro11 gram function costs for State programs; and 

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

13 services to add substantially to the educational 

14 achievement of children to be served under this 

15 subpart. 

16 ‘‘(f) DETERMINING NUMBERS OF ELIGIBLE CHIL17 DREN.—In order to determine the identified number of mi18 gratory children residing in each State for purposes of this 

19 section, the Secretary shall— 

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

21 accurately reflects the actual number of migratory 

22 children; 

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

24 monitoring the accuracy of such information; 


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

2 more accurately reflecting cost factors for different 

3 types of summer and intersession program designs; 

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

5 migratory children who reside in each State to take 

6 into account— 

7 ‘‘(A) the unique needs of those children par8 ticipating in evidence-based or other effective 

9 special programs provided under this subpart 

10 that operate during the summer and intersession 

11 periods; and 

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

13 programs; and 

14 ‘‘(5) conduct an analysis of the options for ad15 justing the formula so as to better direct services to 

16 migratory children, including the most at-risk migra17 tory children. 

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

19 State desiring to receive an allocation under this subpart 

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

21 previous fiscal year or that has been participating for less 

22 than 3 consecutive years, the Secretary shall calculate the 

23 State’s number of identified migratory children aged 3 

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

25 the most recent data available that identifies the migratory 


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1 children residing in the State until data is available to cal2 culate the 3-year average number of such children in ac3 cordance with such subsection. 

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

5 ‘‘(a) APPLICATION REQUIRED.—Any State desiring to 

6 receive a grant under this subpart for any fiscal year shall 

7 submit an application to the Secretary at such time and 

8 in such manner as the Secretary may require. 

9 ‘‘(b) PROGRAM INFORMATION.—Each such application 

10 shall include— 

11 ‘‘(1) a description of how, in planning, imple12 menting, and evaluating programs and projects as13 sisted under this subpart, the State and its local oper14 ating agencies will ensure that the unique educational 

15 needs of migratory children, including preschool mi16 gratory children, are identified and addressed 

17 through— 

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

19 available for migratory children from appro20 priate local, State, and Federal educational pro21 grams; 

22 ‘‘(B) joint planning among local, State, and 

23 Federal educational programs serving migratory 

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1 cational programs under chapter A of subpart 4; 

2 and 

3 ‘‘(C) the integration of services available 

4 under this subpart with services provided by 

5 those other programs; 

6 ‘‘(2) a description of the steps the State is taking 

7 to provide all migratory students with the oppor8 tunity to meet the same State academic standards 

9 that all children are expected to meet; 

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

11 funds received under this subpart to promote inter12 state and intrastate coordination of services for mi13 gratory children, including how the State will provide 

14 for educational continuity through the timely transfer 

15 of pertinent school records, including information on 

16 health, when children move from one school to an17 other, whether or not such a move occurs during the 

18 regular school year; 

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

20 use of funds received under this subpart, and how 

21 such priorities relate to the State’s assessment of 

22 needs for services in the State; 

23 ‘‘(5) a description of how the State will deter24 mine the amount of any subgrants the State will 

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1 count the numbers and needs of migratory children, 

2 the requirements of subsection (d), and the avail3 ability of funds from other Federal, State, and local 

4 programs; and 

5 ‘‘(6) a description of how the State will encour6 age programs and projects assisted under this subpart 

7 to offer family literacy services if the programs and 

8 projects serve a substantial number of migratory chil9 dren whose parents do not have a regular high school 

10 diploma or its recognized equivalent or who have low 

11 levels of literacy. 

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

13 include assurances that— 

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

15 used only— 

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

17 the acquisition of equipment, in accordance with 

18 section 1136; and 

19 ‘‘(B) to coordinate such programs and 

20 projects with similar programs and projects 

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

22 with other Federal programs that can benefit mi23 gratory children and their families; 

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

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1 tion 1114, subsections (b) and (d) of section 1115, 

2 subsections (b) and (c) of section 1120A, and part C; 

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

4 and projects at both the State and local agency oper5 ating level, there is consultation with parents of mi6 gratory children for programs of not less than one 

7 school year in duration, and that all such programs 

8 and projects are carried out— 

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

10 same parental involvement as is required for 

11 programs and projects under section 1118, unless 

12 extraordinary circumstances make such provi13 sion impractical; and 

14 ‘‘(B) in a format and language understand15 able to the parents; 

16 ‘‘(4) in planning and carrying out such pro17 grams and projects, there has been, and will be, ade18 quate provision for addressing the unmet education 

19 needs of preschool migratory children; 

20 ‘‘(5) the effectiveness of such programs and 

21 projects will be determined, where feasible, using the 

22 same approaches and standards that will be used to 

23 assess the performance of students, schools, and local 

24 educational agencies under subpart 1; 


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1 ‘‘(6) to the extent feasible, such programs and 

2 projects will provide for— 

3 ‘‘(A) advocacy and outreach activities for 

4 migratory children and their families, including 

5 informing such children and families of, or help6 ing such children and families gain access to, 

7 other education, health, nutrition, and social 

8 services; 

9 ‘‘(B) professional development programs, in10 cluding mentoring, for teachers and other pro11 gram personnel; 

12 ‘‘(C) high-quality, evidence-based family lit13 eracy programs; 

14 ‘‘(D) the integration of information tech15 nology into educational and related programs; 

16 and 

17 ‘‘(E) programs to facilitate the transition of 

18 secondary school students to postsecondary edu19 cation or employment without the need for reme20 diation; and 

21 ‘‘(7) the State will assist the Secretary in deter22 mining the number of migratory children under 

23 paragraph (1) of section 1133(a). 

24 ‘‘(d) PRIORITY FOR SERVICES.—In providing services 

25 with funds received under this subpart, each recipient of 


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1 such funds shall give priority to migratory children who 

2 are failing, or most at risk of failing, to meet the State’s 

3 academic standards under section 1111 (b)(1) . 

4 ‘‘(e) CONTINUATION OF SERVICES.—Notwithstanding 

5 any other provision of this subpart— 

6 ‘‘(1) a child who ceases to be a migratory child 

7 during a school term shall be eligible for services until 

8 the end of such term; 

9 ‘‘(2) a child who is no longer a migratory child 

10 may continue to receive services for one additional 

11 school year, but only if comparable services are not 

12 available through other programs; and 

13 ‘‘(3) secondary school students who were eligible 

14 for services in secondary school may continue to be 

15 served through credit accrual programs until gradua16 tion. 

17 ‘‘SEC. 1135. SECRETARIAL APPROVAL; PEER REVIEW. 

18 ‘‘The Secretary shall approve each State application 

19 that meets the requirements of this subpart, and may review 

20 any such application using a peer review process. 

21 ‘‘SEC. 1136. COMPREHENSIVE NEEDS ASSESSMENT AND 

22 SERVICE-DELIVERY PLAN; AUTHORIZED AC23 TIVITIES. 

24 ‘‘(a) COMPREHENSIVE PLAN.— 


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1 ‘‘(1) IN GENERAL.—Each State that receives as2 sistance under this subpart shall ensure that the State 

3 and its local operating agencies identify and address 

4 the unique educational needs of migratory children in 

5 accordance with a comprehensive State plan that— 

6 ‘‘(A) is integrated with other programs 

7 under this Act or other Acts, as appropriate; 

8 ‘‘(B) may be submitted as a part of a con9 solidated application under section 5302, if— 

10 ‘‘(i) the unique needs of migratory 

11 children are specifically addressed in the 

12 comprehensive State plan; 

13 ‘‘(ii) the comprehensive State plan is 

14 developed in collaboration with parents of 

15 migratory children; and 

16 ‘‘(iii) the comprehensive State plan is 

17 not used to supplant State efforts regarding, 

18 or administrative funding for, this subpart; 

19 ‘‘(C) provides that migratory children will 

20 have an opportunity to meet the same State aca21 demic standards under section 1111(b)(1) that 

22 all children are expected to meet; 

23 ‘‘(D) specifies measurable program goals 

24 and outcomes; 


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1 ‘‘(E) encompasses the full range of services 

2 that are available for migratory children from 

3 appropriate local, State, and Federal edu4 cational programs; 

5 ‘‘(F) is the product of joint planning among 

6 such local, State, and Federal programs, includ7 ing programs under subpart 1, early childhood 

8 programs, and language instruction educational 

9 programs under chapter A of subpart 4; and 

10 ‘‘(G) provides for the integration of services 

11 available under this subpart with services pro12 vided by such other programs. 

13 ‘‘(2) DURATION OF THE PLAN.—Each such com14 prehensive State plan shall— 

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

16 State’s participation under this subpart; and 

17 ‘‘(B) be periodically reviewed and revised 

18 by the State, as necessary, to reflect changes in 

19 the State’s strategies and programs under this 

20 subpart. 

21 ‘‘(b) AUTHORIZED ACTIVITIES.— 

22 ‘‘(1) FLEXIBILITY.—In implementing the com23 prehensive plan described in subsection (a), each 

24 State educational agency, where applicable through 

25 its local educational agencies, shall have the flexibility 


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1 to determine the activities to be provided with funds 

2 made available under this subpart, except that such 

3 funds first shall be used to meet the identified needs 

4 of migratory children that result from their migratory 

5 lifestyle, and to permit these children to participate 

6 effectively in school. 

7 ‘‘(2) UNADDRESSED NEEDS.—Funds provided 

8 under this subpart shall be used to address the needs 

9 of migratory children that are not addressed by serv10 ices available from other Federal or non-Federal pro11 grams, except that migratory children who are eligible 

12 to receive services under subpart 1 may receive those 

13 services through funds provided under that subpart, 

14 or through funds under this subpart that remain after 

15 the agency addresses the needs described in paragraph 

16 (1). 

17 ‘‘(3) CONSTRUCTION.—Nothing in this subpart 

18 shall be construed to prohibit a local educational 

19 agency from serving migratory children simulta20 neously with students with similar educational needs 

21 in the same educational settings, where appropriate. 

22 ‘‘SEC. 1137. BYPASS. 

23 ‘‘The Secretary may use all or part of any State’s allo24 cation under this subpart to make arrangements with any 


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1 public or private agency to carry out the purpose of this 

2 subpart in such State if the Secretary determines that— 

3 ‘‘(1) the State is unable or unwilling to conduct 

4 educational programs for migratory children; 

5 ‘‘(2) such arrangements would result in more ef6 ficient and economic administration of such pro7 grams; or 

8 ‘‘(3) such arrangements would add substantially 

9 to the educational achievement of such children. 

10 ‘‘SEC. 1138. COORDINATION OF MIGRATORY EDUCATION AC11 TIVITIES. 

12 ‘‘(a) IMPROVEMENT OF COORDINATION.— 

13 ‘‘(1) IN GENERAL.—The Secretary, in consulta14 tion with the States, may make grants to, or enter 

15 into contracts with, State educational agencies, local 

16 educational agencies, institutions of higher education, 

17 and other public and private entities to improve the 

18 interstate and intrastate coordination among such 

19 agencies’ educational programs, including through the 

20 establishment or improvement of programs for credit 

21 accrual and exchange, available to migratory stu22 dents. 

23 ‘‘(2) DURATION.—Grants or contracts under this 

24 subsection may be awarded for not more than 5 years. 

25 ‘‘(b) STUDENT RECORDS.— 


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1 ‘‘(1) ASSISTANCE.—The Secretary shall assist 

2 States in developing and maintaining an effective 

3 system for the electronic transfer of student records 

4 and in determining the number of migratory children 

5 in each State. 

6 ‘‘(2) INFORMATION SYSTEM.— 

7 ‘‘(A) IN GENERAL.—The Secretary, in con8 sultation with the States, shall ensure the linkage 

9 of migratory student record systems for the pur10 pose of electronically exchanging, among the 

11 States, health and educational information re12 garding all migratory students. The Secretary 

13 shall ensure such linkage occurs in a cost-effec14 tive manner, utilizing systems used by the States 

15 prior to, or developed after, the date of enactment 

16 of this Act. The Secretary shall determine the 

17 minimum data elements that each State receiv18 ing funds under this subpart shall collect and 

19 maintain. Such minimum data elements may 

20 include— 

21 ‘‘(i) immunization records and other 

22 health information; 

23 ‘‘(ii) elementary and secondary aca24 demic history (including partial credit), 


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1 credit accrual, and results from State as2 sessments required under section 1111(b)(2); 

3 ‘‘(iii) other academic information es4 sential to ensuring that migratory children 

5 achieve to the States’s academic standards; 

6 and 

7 ‘‘(iv) eligibility for services under the 

8 Individuals with Disabilities Education 

9 Act. 

10 ‘‘(B) The Secretary shall consult with 

11 States before updating the data elements that 

12 each State receiving funds under this subpart 

13 shall be required to collect for purposes of elec14 tronic transfer of migratory student information 

15 and the requirements that States shall meet for 

16 immediate electronic access to such information. 

17 ‘‘(3) NO COST FOR CERTAIN TRANSFERS.—A 

18 State educational agency or local educational agency 

19 receiving assistance under this subpart shall make 

20 student records available to another State educational 

21 agency or local educational agency that requests the 

22 records at no cost to the requesting agency, if the re23 quest is made in order to meet the needs of a migra24 tory child. 

25 ‘‘(4) REPORT TO CONGRESS.— 


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1 ‘‘(A) IN GENERAL.—Not later than April 

2 30, 2013, the Secretary shall report to the Com3 mittee on Health, Education, Labor, and Pen4 sions of the Senate and the Committee on Edu5 cation and the Workforce of the House of Rep6 resentatives the Secretary’s findings and rec7 ommendations regarding the maintenance and 

8 transfer of health and educational information 

9 for migratory students by the States. 

10 ‘‘(B) REQUIRED CONTENTS.—The Secretary 

11 shall include in such report— 

12 ‘‘(i) a review of the progress of States 

13 in developing and linking electronic records 

14 transfer systems; 

15 ‘‘(ii) recommendations for maintaining 

16 such systems; and 

17 ‘‘(iii) recommendations for improving 

18 the continuity of services provided for mi19 gratory students. 

20 ‘‘(c) AVAILABILITY OF FUNDS.—The Secretary shall 

21 reserve not more than $10,000,000 of the amount reserved 

22 under section 1132 to carry out this section for each fiscal 

23 year. 


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1 ‘‘(d) DATA COLLECTION.—The Secretary shall direct 

2 the National Center for Education Statistics to collect data 

3 on migratory children. 

4 ‘‘SEC. 1139. DEFINITIONS. 

5 ‘‘As used in this subpart: 

6 ‘‘(1) LOCAL OPERATING AGENCY.—The term 

7 ‘local operating agency’ means— 

8 ‘‘(A) a local educational agency to which a 

9 State educational agency makes a subgrant 

10 under this subpart; 

11 ‘‘(B) a public or private agency with which 

12 a State educational agency or the Secretary 

13 makes an arrangement to carry out a project 

14 under this subpart; or 

15 ‘‘(C) a State educational agency, if the 

16 State educational agency operates the State’s mi17 gratory education program or projects directly. 

18 ‘‘(2) MIGRATORY CHILD.—The term ‘migratory 

19 child’ means a child who is, or whose parent or 

20 spouse is, a migratory agricultural worker, including 

21 a migratory dairy worker, or a migratory fisher, and 

22 who, in the preceding 36 months, in order to obtain, 

23 or accompany such parent or spouse, in order to ob24 tain, temporary or seasonal employment in agricul25 tural or fishing work— 


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1 ‘‘(A) has moved from one school district to 

2 another; 

3 ‘‘(B) in a State that is comprised of a sin4 gle school district, has moved from one adminis5 trative area to another within such district; or 

6 ‘‘(C) resides in a school district of more 

7 than 15,000 square miles, and migrates a dis8 tance of 20 miles or more to a temporary resi9 dence to engage in a fishing activity. 

10 ‘‘Subpart 3—Prevention and Intervention Programs 

11 for Children and Youth Who Are Neglected, De12 linquent, or At-Risk 

13 ‘‘SEC. 1141. PURPOSE AND PROGRAM AUTHORIZATION. 

14 ‘‘(a) PURPOSE.—It is the purpose of this subpart— 

15 ‘‘(1) to improve educational services for children 

16 and youth in local and State institutions for ne17 glected or delinquent children and youth so that such 

18 children and youth have the opportunity to meet the 

19 same State academic standards that all children in 

20 the State are expected to meet; 

21 ‘‘(2) to provide such children and youth with the 

22 services needed to make a successful transition from 

23 institutionalization to further schooling or employ24 ment; and 


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1 ‘‘(3) to prevent at-risk youth from dropping out 

2 of school, and to provide dropouts, and children and 

3 youth returning from correctional facilities or institu4 tions for neglected or delinquent children and youth, 

5 with a support system to ensure their continued edu6 cation. 

7 ‘‘(b) PROGRAM AUTHORIZED.—From amounts appro8 priated under section 3(a)(1), the Secretary shall reserve 

9 0.3 of one percent to carry out this subpart. 

10 ‘‘(c) GRANTS AWARDED.—From the amounts reserved 

11 under subsection (b) and not reserved under section 1004 

12 and section 1159, the Secretary shall make grants to State 

13 educational agencies that have plans submitted under sec14 tion 1154 approved to enable such agencies to award sub15 grants to State agencies and local educational agencies to 

16 establish or improve programs of education for neglected, 

17 delinquent, or at-risk children and youth. 

18 ‘‘SEC. 1142. PAYMENTS FOR PROGRAMS UNDER THIS SUB19 PART. 

20 ‘‘(a) AGENCY SUBGRANTS.—Based on the allocation 

21 amount computed under section 1152, the Secretary shall 

22 allocate to each State educational agency an amount nec23 essary to make subgrants to State agencies under chapter 

24 A. 


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1 ‘‘(b) LOCAL SUBGRANTS.—Each State shall retain, for 

2 the purpose of carrying out chapter B, funds generated 

3 throughout the State under subpart 1 of this part based on 

4 children and youth residing in local correctional facilities, 

5 or attending community day programs for delinquent chil6 dren and youth. 

7 ‘‘CHAPTER A—STATE AGENCY PROGRAMS 

8 ‘‘SEC. 1151. ELIGIBILITY. 

9 ‘‘A State agency is eligible for assistance under this 

10 chapter if such State agency is responsible for providing 

11 free public education for children and youth— 

12 ‘‘(1) in institutions for neglected or delinquent 

13 children and youth; 

14 ‘‘(2) attending community day programs for ne15 glected or delinquent children and youth; or 

16 ‘‘(3) in adult correctional institutions. 

17 ‘‘SEC. 1152. ALLOCATION OF FUNDS. 

18 ‘‘(a) SUBGRANTS TO STATE AGENCIES.— 

19 ‘‘(1) IN GENERAL.—Each State agency described 

20 in section 1151 (other than an agency in the Com21 monwealth of Puerto Rico) is eligible to receive a 

22 subgrant under this chapter, for each fiscal year, in 

23 an amount equal to the product of— 


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1 ‘‘(A) the number of neglected or delinquent 

2 children and youth described in section 1151 

3 who— 

4 ‘‘(i) are enrolled for at least 15 hours 

5 per week in education programs in adult 

6 correctional institutions; and 

7 ‘‘(ii) are enrolled for at least 20 hours 

8 per week— 

9 ‘‘(I) in education programs in in10 stitutions for neglected or delinquent 

11 children and youth; or 

12 ‘‘(II) in community day programs 

13 for neglected or delinquent children 

14 and youth; and 

15 ‘‘(B) 40 percent of the average per-pupil ex16 penditure in the State, except that the amount 

17 determined under this subparagraph shall not be 

18 less than 32 percent, nor more than 48 percent, 

19 of the average per-pupil expenditure in the 

20 United States. 

21 ‘‘(2) SPECIAL RULE.—The number of neglected 

22 or delinquent children and youth determined under 

23 paragraph (1) shall— 

24 ‘‘(A) be determined by the State agency by 

25 a deadline set by the Secretary, except that no 


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1 State agency shall be required to determine the 

2 number of such children and youth on a specific 

3 date set by the Secretary; and 

4 ‘‘(B) be adjusted, as the Secretary deter5 mines is appropriate, to reflect the relative 

6 length of such agency’s annual programs. 

7 ‘‘(b) SUBGRANTS TO STATE AGENCIES IN PUERTO

8 RICO.— 

9 ‘‘(1) IN GENERAL.—For each fiscal year, the 

10 amount of the subgrant which a State agency in the 

11 Commonwealth of Puerto Rico shall be eligible to re12 ceive under this chapter shall be the amount deter13 mined by multiplying the number of children counted 

14 under subsection (a)(1)(A) for the Commonwealth of 

15 Puerto Rico by the product of— 

16 ‘‘(A) the percentage which the average per17 pupil expenditure in the Commonwealth of Puer18 to Rico is of the lowest average per-pupil expend19 iture of any of the 50 States; and 

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

22 ‘‘(2) MINIMUM PERCENTAGE.—The percentage in 

23 paragraph (1)(A) shall not be less than 85 percent. 

24 ‘‘(c) RATABLE REDUCTIONS IN CASE OF INSUFFICIENT

25 APPROPRIATIONS.—If the amount reserved for any fiscal 


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1 year for subgrants under subsections (a) and (b) is insuffi2 cient to pay the full amount for which all State agencies 

3 are eligible under such subsections, the Secretary shall rat4 ably reduce each such amount. 

5 ‘‘SEC. 1153. STATE REALLOCATION OF FUNDS. 

6 ‘‘If a State educational agency determines that a State 

7 agency does not need the full amount of the subgrant for 

8 which such State agency is eligible under this chapter for 

9 any fiscal year, the State educational agency may reallocate 

10 the amount that will not be needed to other eligible State 

11 agencies that need additional funds to carry out the purpose 

12 of this chapter, in such amounts as the State educational 

13 agency shall determine. 

14 ‘‘SEC. 1154. STATE PLAN AND STATE AGENCY APPLICA15 TIONS. 

16 ‘‘(a) STATE PLAN.— 

17 ‘‘(1) IN GENERAL.—Each State educational 

18 agency that desires to receive a grant under this 

19 chapter shall submit, for approval by the Secretary, 

20 a plan— 

21 ‘‘(A) for meeting the educational needs of 

22 neglected, delinquent, and at-risk children and 

23 youth; 


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1 ‘‘(B) for assisting in the transition of chil2 dren and youth from correctional facilities to lo3 cally operated programs; and 

4 ‘‘(C) that is integrated with other programs 

5 under this Act or other Acts, as appropriate. 

6 ‘‘(2) CONTENTS.—Each such State plan shall— 

7 ‘‘(A) describe how the State will assess the 

8 effectiveness of the program in improving the 

9 academic, career, and technical skills of children 

10 in the program; 

11 ‘‘(B) provide that, to the extent feasible, 

12 such children will have the same opportunities to 

13 achieve as such children would have if such chil14 dren were in the schools of local educational 

15 agencies in the State; 

16 ‘‘(C) describe how the State will place a 

17 priority for such children to obtain a regular 

18 high school diploma, to the extent feasible; and 

19 ‘‘(D) contain an assurance that the State 

20 educational agency will— 

21 ‘‘(i) ensure that programs assisted 

22 under this chapter will be carried out in ac23 cordance with the State plan described in 

24 this subsection; 


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1 ‘‘(ii) carry out the evaluation require2 ments of section 1171; and 

3 ‘‘(iii) ensure that the State agencies re4 ceiving subgrants under this chapter comply 

5 with all applicable statutory and regulatory 

6 requirements. 

7 ‘‘(3) DURATION OF THE PLAN.—Each such State 

8 plan shall— 

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

10 State’s participation under this chapter; and 

11 ‘‘(B) be periodically reviewed and revised 

12 by the State, as necessary, to reflect changes in 

13 the State’s strategies and programs under this 

14 chapter. 

15 ‘‘(b) SECRETARIAL APPROVAL AND PEER REVIEW.— 

16 ‘‘(1) SECRETARIAL APPROVAL.—The Secretary 

17 shall approve each State plan that meets the require18 ments of this chapter. 

19 ‘‘(2) PEER REVIEW.—The Secretary may review 

20 any State plan with the assistance and advice of in21 dividuals with relevant expertise. 

22 ‘‘(c) STATE AGENCY APPLICATIONS.—Any State agen23 cy that desires to receive funds to carry out a program 

24 under this chapter shall submit an application to the State 

25 educational agency that— 


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1 ‘‘(1) describes the procedures to be used, con2 sistent with the State plan under section 1111, to as3 sess the educational needs of the children to be served 

4 under this chapter; 

5 ‘‘(2) provide an assurance that in making serv6 ices available to children and youth in adult correc7 tional institutions, priority will be given to such chil8 dren and youth who are likely to complete incarcer9 ation within a 2-year period; 

10 ‘‘(3) describes the program, including a budget 

11 for the first year of the program, with annual updates 

12 to be provided to the State educational agency; 

13 ‘‘(4) describes how the program will meet the 

14 goals and objectives of the State plan; 

15 ‘‘(5) describes how the State agency will consult 

16 with experts and provide the necessary training for 

17 appropriate staff, to ensure that the planning and op18 eration of institution-wide projects under section 1156 

19 are of high quality; 

20 ‘‘(6) describes how the programs will be coordi21 nated with other appropriate State and Federal pro22 grams, such as programs under title I of Public Law 

23 105–220, career and technical education programs, 

24 State and local dropout prevention programs, and 

25 special education programs; 


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1 ‘‘(7) describes how the State agency will encour2 age correctional facilities receiving funds under this 

3 chapter to coordinate with local educational agencies 

4 or alternative education programs attended by incar5 cerated children and youth prior to and after their 

6 incarceration to ensure that student assessments and 

7 appropriate academic records are shared jointly be8 tween the correctional facility and the local edu9 cational agency or alternative education program; 

10 ‘‘(8) describes how appropriate professional de11 velopment will be provided to teachers and other staff; 

12 ‘‘(9) designates an individual in each affected 

13 correctional facility or institution for neglected or de14 linquent children and youth to be responsible for 

15 issues relating to the transition of such children and 

16 youth from such facility or institution to locally oper17 ated programs; 

18 ‘‘(10) describes how the State agency will en19 deavor to coordinate with businesses for training and 

20 mentoring for participating children and youth; 

21 ‘‘(11) provides an assurance that the State agen22 cy will assist in locating alternative programs 

23 through which students can continue their education 

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1 ing the correctional facility or institution for ne2 glected or delinquent children and youth; 

3 ‘‘(12) provides assurances that the State agency 

4 will work with parents to secure parents’ assistance 

5 in improving the educational achievement of their 

6 children and youth, and preventing their children’s 

7 and youth’s further involvement in delinquent activi8 ties; 

9 ‘‘(13) provides an assurance that the State agen10 cy will work with children and youth with disabilities 

11 in order to meet an existing individualized education 

12 program and an assurance that the agency will notify 

13 the child’s or youth’s local school if the child or 

14 youth— 

15 ‘‘(A) is identified as in need of special edu16 cation services while the child or youth is in the 

17 correctional facility or institution for neglected 

18 or delinquent children and youth; and 

19 ‘‘(B) intends to return to the local school; 

20 ‘‘(14) provides an assurance that the State agen21 cy will work with children and youth who dropped 

22 out of school before entering the correctional facility 

23 or institution for neglected or delinquent children and 

24 youth to encourage the children and youth to reenter 

25 school and obtain a regular high school diploma once 


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1 the term of the incarceration is completed, or provide 

2 the child or youth with the skills necessary to gain 

3 employment, continue the education of the child or 

4 youth, or obtain a regular high school diploma or its 

5 recognized equivalent if the child or youth does not 

6 intend to return to school; 

7 ‘‘(15) provides an assurance that effective teach8 ers and other qualified staff are trained to work with 

9 children and youth with disabilities and other stu10 dents with special needs taking into consideration the 

11 unique needs of such students; 

12 ‘‘(16) describes any additional services to be pro13 vided to children and youth, such as career coun14 seling, distance education, and assistance in securing 

15 student loans and grants; and 

16 ‘‘(17) provides an assurance that the program 

17 under this chapter will be coordinated with any pro18 grams operated under the Juvenile Justice and Delin19 quency Prevention Act of 1974 (42 U.S.C. 5601 et 

20 seq.) or other comparable programs, if applicable. 

21 ‘‘SEC. 1155. USE OF FUNDS. 

22 ‘‘(a) USES.— 

23 ‘‘(1) IN GENERAL.—A State agency shall use 

24 funds received under this chapter only for programs 

25 and projects that— 


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1 ‘‘(A) are consistent with the State plan 

2 under section 1154(a); and 

3 ‘‘(B) concentrate on providing participants 

4 with the knowledge and skills needed to make a 

5 successful transition to secondary school comple6 tion, career or technical training, further edu7 cation, or employment without the need for re8 mediation. 

9 ‘‘(2) PROGRAMS AND PROJECTS.—Such programs 

10 and projects— 

11 ‘‘(A) may include the acquisition of equip12 ment; 

13 ‘‘(B) shall be designed to support edu14 cational services that— 

15 ‘‘(i) except for institution-wide projects 

16 under section 1156, are provided to children 

17 and youth identified by the State agency as 

18 failing, or most at-risk of failing, to meet 

19 the State’s academic standards; and 

20 ‘‘(ii) supplement and improve the 

21 quality of the educational services provided 

22 to such children and youth by the State 

23 agency; and 


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1 ‘‘(iii) afford such children and youth 

2 an opportunity to meet State academic 

3 standards; and 

4 ‘‘(C) shall be carried out in a manner con5 sistent with section 1120A and part C (as ap6 plied to programs and projects under this chap7 ter). 

8 ‘‘(b) SUPPLEMENT, NOT SUPPLANT.—A program 

9 under this chapter that supplements the number of hours 

10 of instruction students receive from State and local sources 

11 shall be considered to comply with the supplement, not sup12 plant the requirement of section 1120A (as applied to this 

13 chapter) without regard to the subject areas in which in14 struction is given during those hours. 

15 ‘‘SEC. 1156. INSTITUTION-WIDE PROJECTS. 

16 ‘‘A State agency that provides free public education 

17 for children and youth in an institution for neglected or 

18 delinquent children and youth (other than an adult correc19 tional institution) or attending a community day program 

20 for such children and youth may use funds received under 

21 this chapter to serve all children in, and upgrade the entire 

22 educational effort of, that institution or program if the 

23 State agency has developed, and the State educational agen24 cy has approved, a comprehensive plan for that institution 

25 or program that— 


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1 ‘‘(1) provides for a comprehensive assessment of 

2 the educational needs of all children and youth in the 

3 institution or program serving juveniles; 

4 ‘‘(2) provides for a comprehensive assessment of 

5 the educational needs of youth aged 20 and younger 

6 in adult facilities who are expected to complete incar7 ceration within a 2-year period; 

8 ‘‘(3) describes the steps the State agency has 

9 taken, or will take, to provide all children and youth 

10 under age 21 with the opportunity to meet State aca11 demic standards in order to improve the likelihood 

12 that the children and youth will complete secondary 

13 school, obtain a regular high school diploma or its 

14 recognized equivalent, or find employment after leav15 ing the institution; 

16 ‘‘(4) describes the instructional program, special17 ized instructional support services, and procedures 

18 that will be used to meet the needs described in para19 graph (1), including, to the extent feasible, the provi20 sion of mentors for the children and youth described 

21 in paragraph (1); 

22 ‘‘(5) specifically describes how such funds will be 

23 used; 


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1 ‘‘(6) describes the measures and procedures that 

2 will be used to assess and improve student achieve3 ment; 

4 ‘‘(7) describes how the agency has planned, and 

5 will implement and evaluate, the institution-wide or 

6 program-wide project in consultation with personnel 

7 providing direct instructional services and support 

8 services in institutions or community day programs 

9 for neglected or delinquent children and youth, and 

10 with personnel from the State educational agency; 

11 and 

12 ‘‘(8) includes an assurance that the State agency 

13 has provided for appropriate training for teachers 

14 and other instructional and administrative personnel 

15 to enable such teachers and personnel to carry out the 

16 project effectively. 

17 ‘‘SEC. 1157. THREE-YEAR PROGRAMS OR PROJECTS. 

18 ‘‘If a State agency operates a program or project under 

19 this chapter in which individual children or youth are like20 ly to participate for more than one year, the State edu21 cational agency may approve the State agency’s applica22 tion for a subgrant under this chapter for a period of not 

23 more than 3 years. 


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1 ‘‘SEC. 1158. TRANSITION SERVICES. 

2 ‘‘(a) TRANSITION SERVICES.—Each State agency shall 

3 reserve not less than 15 percent and not more than 30 per4 cent of the amount such agency receives under this chapter 

5 for any fiscal year to support— 

6 ‘‘(1) projects that facilitate the transition of chil7 dren and youth from State-operated institutions to 

8 schools served by local educational agencies; or 

9 ‘‘(2) the successful re-entry of youth offenders, 

10 who are age 20 or younger and have received a reg11 ular high school diploma or its recognized equivalent, 

12 into postsecondary education, or career and technical 

13 training programs, through strategies designed to ex14 pose the youth to, and prepare the youth for, postsec15 ondary education, or career and technical training 

16 programs, such as— 

17 ‘‘(A) preplacement programs that allow ad18 judicated or incarcerated youth to audit or at19 tend courses on college, university, or community 

20 college campuses, or through programs provided 

21 in institutional settings; 

22 ‘‘(B) worksite schools, in which institutions 

23 of higher education and private or public em24 ployers partner to create programs to help stu25 dents make a successful transition to postsec26 ondary education and employment; and 


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1 ‘‘(C) essential support services to ensure the 

2 success of the youth, such as— 

3 ‘‘(i) personal, career and technical, 

4 and academic counseling; 

5 ‘‘(ii) placement services designed to 

6 place the youth in a university, college, or 

7 junior college program; 

8 ‘‘(iii) information concerning, and as9 sistance in obtaining, available student fi10 nancial aid; 

11 ‘‘(iv) counseling services; and 

12 ‘‘(v) job placement services. 

13 ‘‘(b) CONDUCT OF PROJECTS.—A project supported 

14 under this section may be conducted directly by the State 

15 agency, or through a contract or other arrangement with 

16 one or more local educational agencies, other public agen17 cies, or private organizations. 

18 ‘‘(c) RULE OF CONSTRUCTION.—Nothing in this sec19 tion shall be construed to prohibit a school that receives 

20 funds under subsection (a) from serving neglected and de21 linquent children and youth simultaneously with students 

22 with similar educational needs, in the same educational set23 tings where appropriate. 


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1 ‘‘SEC. 1159. TECHNICAL ASSISTANCE. 

2 ‘‘The Secretary shall reserve not more than 1 percent 

3 of the amount reserved under section 1141 to provide tech4 nical assistance to and support State agency programs as5 sisted under this chapter. 

6 ‘‘CHAPTER B—LOCAL AGENCY PROGRAMS 

7 ‘‘SEC. 1161. PURPOSE. 

8 ‘‘The purpose of this chapter is to support the oper9 ation of local educational agency programs that involve col10 laboration with locally operated correctional facilities— 

11 ‘‘(1) to carry out high quality education pro12 grams to prepare children and youth for secondary 

13 school completion, training, employment, or further 

14 education; 

15 ‘‘(2) to provide activities to facilitate the transi16 tion of such children and youth from the correctional 

17 program to further education or employment; and 

18 ‘‘(3) to operate programs in local schools for chil19 dren and youth returning from correctional facilities, 

20 and programs which may serve at-risk children and 

21 youth. 

22 ‘‘SEC. 1162. PROGRAMS OPERATED BY LOCAL EDUCATIONAL 

23 AGENCIES. 

24 ‘‘(a) LOCAL SUBGRANTS.—With funds made available 

25 under section 1142(b), the State educational agency shall 

26 award subgrants to local educational agencies with high 


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1 numbers or percentages of children and youth residing in 

2 locally operated (including county operated) correctional 

3 facilities for children and youth (including facilities in4 volved in community day programs). 

5 ‘‘(b) SPECIAL RULE.—A local educational agency that 

6 serves a school operated by a correctional facility is not re7 quired to operate a program of support for children and 

8 youth returning from such school to a school that is not 

9 operated by a correctional agency but served by such local 

10 educational agency, if more than 30 percent of the children 

11 and youth attending the school operated by the correctional 

12 facility will reside outside the boundaries served by the local 

13 educational agency after leaving such facility. 

14 ‘‘(c) NOTIFICATION.—A State educational agency shall 

15 notify local educational agencies within the State of the eli16 gibility of such agencies to receive a subgrant under this 

17 chapter. 

18 ‘‘(d) TRANSITIONAL AND ACADEMIC SERVICES.—Tran19 sitional and supportive programs operated in local edu20 cational agencies under this chapter shall be designed pri21 marily to meet the transitional and academic needs of stu22 dents returning to local educational agencies or alternative 

23 education programs from correctional facilities. Services to 

24 students at-risk of dropping out of school shall not have a 


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1 negative impact on meeting the transitional and academic 

2 needs of the students returning from correctional facilities. 

3 ‘‘SEC. 1163. LOCAL EDUCATIONAL AGENCY APPLICATIONS. 

4 ‘‘Each local educational agency desiring assistance 

5 under this chapter shall submit an application to the State 

6 educational agency that contains such information as the 

7 State educational agency may require. Each such applica8 tion shall include— 

9 ‘‘(1) a description of the program to be assisted; 

10 ‘‘(2) a description of formal agreements, regard11 ing the program to be assisted, between— 

12 ‘‘(A) the local educational agency; and 

13 ‘‘(B) correctional facilities and alternative 

14 school programs serving children and youth in15 volved with the juvenile justice system; 

16 ‘‘(3) as appropriate, a description of how par17 ticipating schools will coordinate with facilities work18 ing with delinquent children and youth to ensure that 

19 such children and youth are participating in an edu20 cation program comparable to one operating in the 

21 local school such youth would attend; 

22 ‘‘(4) a description of the program operated by 

23 participating schools for children and youth return24 ing from correctional facilities and, as appropriate, 

25 the types of services that such schools will provide 


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1 such children and youth and other at-risk children 

2 and youth; 

3 ‘‘(5) a description of the characteristics (includ4 ing learning difficulties, substance abuse problems, 

5 and other needs) of the children and youth who will 

6 be returning from correctional facilities and, as ap7 propriate, other at-risk children and youth expected 

8 to be served by the program, and a description of how 

9 the school will coordinate existing educational pro10 grams to meet the unique educational needs of such 

11 children and youth; 

12 ‘‘(6) as appropriate, a description of how schools 

13 will coordinate with existing social, health, and other 

14 services to meet the needs of students returning from 

15 correctional facilities and at-risk children or youth, 

16 including prenatal health care and nutrition services 

17 related to the health of the parent and the child or 

18 youth, parenting and child development classes, child 

19 care, targeted reentry and outreach programs, refer20 rals to community resources, and scheduling flexi21 bility; 

22 ‘‘(7) as appropriate, a description of any part23 nerships with local businesses to develop training, 

24 curriculum-based youth entrepreneurship education, 

25 and mentoring services for participating students; 


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1 ‘‘(8) as appropriate, a description of how the 

2 program will involve parents in efforts to improve the 

3 educational achievement of their children, assist in 

4 dropout prevention activities, and prevent the involve5 ment of their children in delinquent activities; 

6 ‘‘(9) a description of how the program under this 

7 chapter will be coordinated with other Federal, State, 

8 and local programs, such as programs under title I 

9 of Public Law 105–220 and career and technical edu10 cation programs serving at-risk children and youth; 

11 ‘‘(10) a description of how the program will be 

12 coordinated with programs operated under the Juve13 nile Justice and Delinquency Prevention Act of 1974 

14 and other comparable programs, if applicable; 

15 ‘‘(11) as appropriate, a description of how 

16 schools will work with probation officers to assist in 

17 meeting the needs of children and youth returning 

18 from correctional facilities; 

19 ‘‘(12) a description of the efforts participating 

20 schools will make to ensure correctional facilities 

21 working with children and youth are aware of a 

22 child’s or youth’s existing individualized education 

23 program; and 

24 ‘‘(13) as appropriate, a description of the steps 

25 participating schools will take to find alternative 


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1 placements for children and youth interested in con2 tinuing their education but unable to participate in 

3 a traditional public school program. 

4 ‘‘SEC. 1164. USES OF FUNDS. 

5 ‘‘Funds provided to local educational agencies under 

6 this chapter may be used, as appropriate, for— 

7 ‘‘(1) programs that serve children and youth re8 turning to local schools from correctional facilities, to 

9 assist in the transition of such children and youth to 

10 the school environment and help them remain in 

11 school in order to complete their education; 

12 ‘‘(2) dropout prevention programs which serve 

13 at-risk children and youth; 

14 ‘‘(3) the coordination of health and social serv15 ices for such individuals if there is a likelihood that 

16 the provision of such services, including day care, 

17 drug and alcohol counseling, and mental health serv18 ices, will improve the likelihood such individuals will 

19 complete their education; 

20 ‘‘(4) special programs to meet the unique aca21 demic needs of participating children and youth, in22 cluding career and technical education, special edu23 cation, career counseling, curriculum-based youth en24 trepreneurship education, and assistance in securing 


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1 student loans or grants for postsecondary education; 

2 and 

3 ‘‘(5) programs providing mentoring and peer 

4 mediation. 

5 ‘‘SEC. 1165. PROGRAM REQUIREMENTS FOR CORRECTIONAL 

6 FACILITIES RECEIVING FUNDS UNDER THIS 

7 SECTION. 

8 ‘‘Each correctional facility entering into an agreement 

9 with a local educational agency under section 1163(2) to 

10 provide services to children and youth under this chapter 

11 shall— 

12 ‘‘(1) where feasible, ensure that educational pro13 grams in the correctional facility are coordinated 

14 with the student’s home school, particularly with re15 spect to a student with an individualized education 

16 program under part B of the Individuals with Dis17 abilities Education Act; 

18 ‘‘(2) if the child or youth is identified as in need 

19 of special education services while in the correctional 

20 facility, notify the local school of the child or youth 

21 of such need; 

22 ‘‘(3) where feasible, provide transition assistance 

23 to help the child or youth stay in school, including co24 ordination of services for the family, counseling, asVerDate Mar 15 2010 21:20 Apr 27, 2012 Jkt 019200 PO 00000 Frm 00136 Fmt 6652 Sfmt 6203 E:\BILLS\H3989.RH H3989

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1 sistance in accessing drug and alcohol abuse preven2 tion programs, tutoring, and family counseling; 

3 ‘‘(4) provide support programs that encourage 

4 children and youth who have dropped out of school to 

5 re-enter school and obtain a regular high school di6 ploma once their term at the correctional facility has 

7 been completed, or provide such children and youth 

8 with the skills necessary to gain employment or seek 

9 a regular high school diploma or its recognized equiv10 alent; 

11 ‘‘(5) work to ensure that the correctional facility 

12 is staffed with effective teachers and other qualified 

13 staff who are trained to work with children and youth 

14 with disabilities taking into consideration the unique 

15 needs of such children and youth; 

16 ‘‘(6) ensure that educational programs in the 

17 correctional facility are related to assisting students 

18 to meet the States’s academic standards; 

19 ‘‘(7) to the extent possible, use technology to as20 sist in coordinating educational programs between the 

21 correctional facility and the community school; 

22 ‘‘(8) where feasible, involve parents in efforts to 

23 improve the educational achievement of their children 

24 and prevent the further involvement of such children 

25 in delinquent activities; 


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1 ‘‘(9) coordinate funds received under this chapter 

2 with other local, State, and Federal funds available to 

3 provide services to participating children and youth, 

4 such as funds made available under title I of Public 

5 Law 105–220, and career and technical education 

6 funds; 

7 ‘‘(10) coordinate programs operated under this 

8 chapter with activities funded under the Juvenile Jus9 tice and Delinquency Prevention Act of 1974 and 

10 other comparable programs, if applicable; 

11 ‘‘(11) if appropriate, work with local businesses 

12 to develop training, curriculum-based youth entrepre13 neurship education, and mentoring programs for chil14 dren and youth; and 

15 ‘‘(12) consult with the local educational agency 

16 for a period jointly determined necessary by the cor17 rectional facility and local educational agency upon 

18 discharge from that facility to coordinate educational 

19 services so as to minimize disruption to the child’s or 

20 youth’s achievement. 

21 ‘‘SEC. 1166. ACCOUNTABILITY. 

22 ‘‘The State educational agency— 

23 ‘‘(1) may require correctional facilities or insti24 tutions for neglected or delinquent children and youth 

25 to demonstrate, after receiving assistance under this 


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1 chapter for 3 years, that there has been an increase 

2 in the number of children and youth returning to 

3 school, obtaining a regular high school diploma or its 

4 recognized equivalent, or obtaining employment after 

5 such children and youth are released; and 

6 ‘‘(2) may reduce or terminate funding for 

7 projects under this chapter if a local educational 

8 agency does not show progress in the number of chil9 dren and youth obtaining a regular high school di10 ploma or its recognized equivalent. 

11 ‘‘CHAPTER C—GENERAL PROVISIONS 

12 ‘‘SEC. 1171. PROGRAM EVALUATIONS. 

13 ‘‘(a) SCOPE OF EVALUATION.—Each State agency or 

14 local educational agency that conducts a program under 

15 chapters A or B shall evaluate the program, disaggregating 

16 data on participation by gender, race, ethnicity, and age, 

17 not less than once every 3 years, to determine the program’s 

18 impact on the ability of participants— 

19 ‘‘(1) to maintain and improve educational 

20 achievement; 

21 ‘‘(2) to accrue school credits that meet State re22 quirements for grade promotion and high school grad23 uation; 


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1 ‘‘(3) to make the transition to a regular program 

2 or other education program operated by a local edu3 cational agency; 

4 ‘‘(4) to complete high school (or high school 

5 equivalency requirements) and obtain employment 

6 after leaving the correctional facility or institution 

7 for neglected or delinquent children and youth; and 

8 ‘‘(5) as appropriate, to participate in postsec9 ondary education and job training programs. 

10 ‘‘(b) EXCEPTION.—The disaggregation required under 

11 subsection (a) shall not be required in a case in which the 

12 number of students in a category is insufficient to yield 

13 statistically reliable information or the results would reveal 

14 personally identifiable information about an individual 

15 student. 

16 ‘‘(c) EVALUATION MEASURES.—In conducting each 

17 evaluation under subsection (a), a State agency or local 

18 educational agency shall use multiple and appropriate 

19 measures of student progress. 

20 ‘‘(d) EVALUATION RESULTS.—Each State agency and 

21 local educational agency shall— 

22 ‘‘(1) submit evaluation results to the State edu23 cational agency and the Secretary; and 


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1 ‘‘(2) use the results of evaluations under this sec2 tion to plan and improve subsequent programs for 

3 participating children and youth. 

4 ‘‘SEC. 1172. DEFINITIONS. 

5 ‘‘In this subpart: 

6 ‘‘(1) ADULT CORRECTIONAL INSTITUTION.—The 

7 term ‘adult correctional institution’ means a facility 

8 in which persons (including persons under 21 years 

9 of age) are confined as a result of a conviction for a 

10 criminal offense. 

11 ‘‘(2) AT-RISK.—The term ‘at-risk’, when used 

12 with respect to a child, youth, or student, means a 

13 school-aged individual who 

14 ‘‘(A) is at-risk of academic failure; and 

15 ‘‘(B) has a drug or alcohol problem, is preg16 nant or is a parent, has come into contact with 

17 the juvenile justice system in the past, is at least 

18 1 year behind the expected grade level for the age 

19 of the individual, is an English learner, is a 

20 gang member, has dropped out of school in the 

21 past, or has a high absenteeism rate at school. 

22 ‘‘(3) COMMUNITY DAY PROGRAM.—The term 

23 ‘community day program’ means a regular program 

24 of instruction provided by a State agency at a comVerDate Mar 15 2010 21:20 Apr 27, 2012 Jkt 019200 PO 00000 Frm 00141 Fmt 6652 Sfmt 6203 E:\BILLS\H3989.RH H3989

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1 munity day school operated specifically for neglected 

2 or delinquent children and youth. 

3 ‘‘(4) INSTITUTION FOR NEGLECTED OR DELIN4 QUENT CHILDREN AND YOUTH.—The term ‘institution 

5 for neglected or delinquent children and youth’ 

6 means— 

7 ‘‘(A) a public or private residential facility, 

8 other than a foster home, that is operated for the 

9 care of children who have been committed to the 

10 institution or voluntarily placed in the institu11 tion under applicable State law, due to abandon12 ment, neglect, or death of their parents or guard13 ians; or 

14 ‘‘(B) a public or private residential facility 

15 for the care of children who have been adju16 dicated to be delinquent or in need of super17 vision. 

18 ‘‘Subpart 4—English Language Acquisition, 

19 Language Enhancement, and Academic Achievement 

20 ‘‘SEC. 1181. PURPOSES. 

21 ‘‘The purposes of this subpart are— 

22 ‘‘(1) to help ensure that English learners, includ23 ing immigrant children and youth, attain English 

24 proficiency and develop high levels of academic 

25 achievement in English; 


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1 ‘‘(2) to assist all English learners, including im2 migrant children and youth, to achieve at high levels 

3 in the core academic subjects so that those children 

4 can meet the same State academic standards that all 

5 children are expected to meet, consistent with section 

6 1111(b)(1); 

7 ‘‘(3) to assist State educational agencies, local 

8 educational agencies, and schools in establishing, im9 plementing, and sustaining high-quality, flexible, evi10 dence-based language instruction educational pro11 grams designed to assist in teaching English learners, 

12 including immigrant children and youth; 

13 ‘‘(4) to assist State educational agencies and 

14 local educational agencies to develop and enhance 

15 their capacity to provide high-quality, evidence-based 

16 instructional programs designed to prepare English 

17 learners, including immigrant children and youth, to 

18 enter all-English instruction settings; and 

19 ‘‘(5) to promote parental and community par20 ticipation in language instruction educational pro21 grams for the parents and communities of English 

22 learners. 


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1 ‘‘CHAPTER A—GRANTS AND SUBGRANTS 

2 FOR ENGLISH LANGUAGE ACQUISI3 TION AND LANGUAGE ENHANCEMENT 

4 ‘‘SEC. 1191. FORMULA GRANTS TO STATES. 

5 ‘‘(a) IN GENERAL.—In the case of each State edu6 cational agency having a plan approved by the Secretary 

7 for a fiscal year under section 1192, the Secretary shall re8 serve 4.4 percent of funds appropriated under section 

9 3(a)(1) to make a grant for the year to the agency for the 

10 purposes specified in subsection (b). The grant shall consist 

11 of the allotment determined for the State educational agency 

12 under subsection (c). 

13 ‘‘(b) USE OF FUNDS.— 

14 ‘‘(1) SUBGRANTS TO ELIGIBLE ENTITIES.—The 

15 Secretary may make a grant under subsection (a) 

16 only if the State educational agency involved agrees 

17 to expend at least 95 percent of the State educational 

18 agency’s allotment under subsection (c) for a fiscal 

19 year— 

20 ‘‘(A) to award subgrants, from allocations 

21 under section 1193, to eligible entities to carry 

22 out the activities described in section 1194 (other 

23 than subsection (e)); and 

24 ‘‘(B) to award subgrants under section 

25 1193(d)(1) to eligible entities that are described 


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1 in that section to carry out the activities de2 scribed in section 1194(e). 

3 ‘‘(2) STATE ACTIVITIES.—Subject to paragraph 

4 (3), each State educational agency receiving a grant 

5 under subsection (a) may reserve not more than 5 

6 percent of the agency’s allotment under subsection (c) 

7 to carry out the following activities: 

8 ‘‘(A) Professional development activities, 

9 and other activities, which may include assisting 

10 personnel in— 

11 ‘‘(i) meeting State and local certifi12 cation and licensing requirements for teach13 ing English learners; and 

14 ‘‘(ii) improving teacher skills in meet15 ing the diverse needs of English learners, 

16 including in how to implement evidence17 based programs and curricula on teaching 

18 English learners. 

19 ‘‘(B) Planning, evaluation, administration, 

20 and interagency coordination related to the sub21 grants referred to in paragraph (1). 

22 ‘‘(C) Providing technical assistance and 

23 other forms of assistance to eligible entities that 

24 are receiving subgrants from a State educational 


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1 agency under this chapter, including assistance 

2 in— 

3 ‘‘(i) identifying and implementing evi4 dence-based language instruction edu5 cational programs and curricula for teach6 ing English learners; 

7 ‘‘(ii) helping English learners meet the 

8 same State academic standards that all 

9 children are expected to meet; 

10 ‘‘(iii) identifying or developing, and 

11 implementing, measures of English pro12 ficiency; and 

13 ‘‘(iv) strengthening and increasing 

14 parent, family, and community engage15 ment. 

16 ‘‘(D) Providing recognition, which may in17 clude providing financial awards, to subgrantees 

18 that have significantly improved the achievement 

19 and progress of English learners in— 

20 ‘‘(i) reaching English language pro21 ficiency, based on the State’s English lan22 guage proficiency assessment under section 

23 1111(b)(2)(D); and 

24 ‘‘(ii) meeting the State academic 

25 standards under section 1111(b)(1). 


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1 ‘‘(3) ADMINISTRATIVE EXPENSES.—From the 

2 amount reserved under paragraph (2), a State edu3 cational agency may use not more than 40 percent of 

4 such amount or $175,000, whichever is greater, for the 

5 planning and administrative costs of carrying out 

6 paragraphs (1) and (2). 

7 ‘‘(c) RESERVATIONS AND ALLOTMENTS.— 

8 ‘‘(1) RESERVATIONS.—From the amount reserved 

9 under section 1191(a) for each fiscal year, the Sec10 retary shall reserve— 

11 ‘‘(A) 0.5 percent of such amount for pay12 ments to outlying areas, to be allotted in accord13 ance with their respective needs for assistance 

14 under this chapter, as determined by the Sec15 retary, for activities, approved by the Secretary, 

16 consistent with this chapter; and 

17 ‘‘(B) 6.5 percent of such amount for na18 tional activities under sections 1211 and 1222, 

19 except that not more than $2,000,000 of such 

20 amount may be reserved for the National Clear21 inghouse for English Language Acquisition and 

22 Language Instruction Educational Programs de23 scribed in section 1222. 

24 ‘‘(2) STATE ALLOTMENTS.— 


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

2 subparagraph (B), from the amount reserved 

3 under section 1191(a) for each fiscal year that 

4 remains after making the reservations under 

5 paragraph (1), the Secretary shall allot to each 

6 State educational agency having a plan ap7 proved under section 1192(c)— 

8 ‘‘(i) an amount that bears the same re9 lationship to 80 percent of the remainder as 

10 the number of English learners in the State 

11 bears to the number of such children in all 

12 States, as determined by data available 

13 from the American Community Survey con14 ducted by the Department of Commerce or 

15 State-reported data; and 

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

17 relationship to 20 percent of the remainder 

18 as the number of immigrant children and 

19 youth in the State bears to the number of 

20 such children and youth in all States, as 

21 determined based only on data available 

22 from the American Community Survey con23 ducted by the Department of Commerce. 


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1 ‘‘(B) MINIMUM ALLOTMENTS.—No State 

2 educational agency shall receive an allotment 

3 under this paragraph that is less than $500,000. 

4 ‘‘(C) REALLOTMENT.—If any State edu5 cational agency described in subparagraph (A) 

6 does not submit a plan to the Secretary for a fis7 cal year, or submits a plan (or any amendment 

8 to a plan) that the Secretary, after reasonable 

9 notice and opportunity for a hearing, determines 

10 does not satisfy the requirements of this chapter, 

11 the Secretary shall reallot any portion of such 

12 allotment to the remaining State educational 

13 agencies in accordance with subparagraph (A). 

14 ‘‘(D) SPECIAL RULE FOR PUERTO RICO.— 

15 The total amount allotted to Puerto Rico for any 

16 fiscal year under subparagraph (A) shall not ex17 ceed 0.5 percent of the total amount allotted to 

18 all States for that fiscal year. 

19 ‘‘(3) USE OF DATA FOR DETERMINATIONS.—In 

20 making State allotments under paragraph (2) for 

21 each fiscal year, the Secretary shall determine the 

22 number of English learners in a State and in all 

23 States, using the most accurate, up-to-date data, 

24 which shall be— 


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1 ‘‘(A) data from the American Community 

2 Survey conducted by the Department of Com3 merce, which may be multiyear estimates; 

4 ‘‘(B) the number of students being assessed 

5 for English language proficiency, based on the 

6 State’s English language proficiency assessment 

7 under section 1111(b)(2)(D), which may be 

8 multiyear estimates; or 

9 ‘‘(C) a combination of data available under 

10 subparagraphs (A) and (B). 

11 ‘‘SEC. 1192. STATE EDUCATIONAL AGENCY PLANS. 

12 ‘‘(a) PLAN REQUIRED.—Each State educational agen13 cy desiring a grant under this chapter shall submit a plan 

14 to the Secretary at such time and in such manner as the 

15 Secretary may require. 

16 ‘‘(b) CONTENTS.—Each plan submitted under sub17 section (a) shall— 

18 ‘‘(1) describe the process that the agency will use 

19 in awarding subgrants to eligible entities under sec20 tion 1193(d)(1); 

21 ‘‘(2) provide an assurance that— 

22 ‘‘(A) the agency will ensure that eligible en23 tities receiving a subgrant under this chapter 

24 comply with the requirement in section 

25 1111(b)(2)(B)(x) to annually assess in English 


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1 learners who have been in the United States for 

2 3 or more consecutive years; 

3 ‘‘(B) the agency will ensure that eligible en4 tities receiving a subgrant under this chapter an5 nually assess the English proficiency of all 

6 English learners participating in a program 

7 funded under this chapter, consistent with sec8 tion 1111(b)(2)(D); 

9 ‘‘(C) in awarding subgrants under section 

10 1193, the agency will address the needs of school 

11 systems of all sizes and in all geographic areas, 

12 including school systems with rural and urban 

13 schools; 

14 ‘‘(D) subgrants to eligible entities under sec15 tion 1193(d)(1) will be of sufficient size and 

16 scope to allow such entities to carry out high17 quality, evidence-based language instruction edu18 cational programs for English learners; 

19 ‘‘(E) the agency will require an eligible en20 tity receiving a subgrant under this chapter to 

21 use the subgrant in ways that will build such re22 cipient’s capacity to continue to offer high-qual23 ity evidence-based language instruction edu24 cational programs that assist English learners in 

25 meeting State academic standards; 


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1 ‘‘(F) the agency will monitor the eligible en2 tity receiving a subgrant under this chapter for 

3 compliance with applicable Federal fiscal re4 quirements; and 

5 ‘‘(G) the plan has been developed in con6 sultation with local educational agencies, teach7 ers, administrators of programs implemented 

8 under this chapter, parents, and other relevant 

9 stakeholders; 

10 ‘‘(3) describe how the agency will coordinate its 

11 programs and activities under this chapter with other 

12 programs and activities under this Act and other 

13 Acts, as appropriate; 

14 ‘‘(4) describe how eligible entities in the State 

15 will be given the flexibility to teach English learn16 ers— 

17 ‘‘(A) using a high-quality, evidence-based 

18 language instruction curriculum for teaching 

19 English learners; and 

20 ‘‘(B) in the manner the eligible entities de21 termine to be the most effective; and 

22 ‘‘(5) describe how the agency will assist eligible 

23 entities in increasing the number of English learners 

24 who acquire English proficiency. 


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1 ‘‘(c) APPROVAL.—The Secretary, after using a peer re2 view process, shall approve a plan submitted under sub3 section (a) if the plan meets the requirements of this section. 

4 ‘‘(d) DURATION OF PLAN.— 

5 ‘‘(1) IN GENERAL.—Each plan submitted by a 

6 State educational agency and approved under sub7 section (c) shall— 

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

9 agency’s participation under this chapter; and 

10 ‘‘(B) be periodically reviewed and revised 

11 by the agency, as necessary, to reflect changes to 

12 the agency’s strategies and programs carried out 

13 under this subpart. 

14 ‘‘(2) ADDITIONAL INFORMATION.— 

15 ‘‘(A) AMENDMENTS.—If the State edu16 cational agency amends the plan, the agency 

17 shall submit such amendment to the Secretary. 

18 ‘‘(B) APPROVAL.—The Secretary shall ap19 prove such amendment to an approved plan, un20 less the Secretary determines that the amend21 ment will result in the agency not meeting the 

22 requirements, or fulfilling the purposes, of this 

23 subpart. 


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1 ‘‘(e) CONSOLIDATED PLAN.—A plan submitted under 

2 subsection (a) may be submitted as part of a consolidated 

3 plan under section 5302. 

4 ‘‘(f) SECRETARY ASSISTANCE.—The Secretary shall 

5 provide technical assistance, if requested, in the develop6 ment of English proficiency standards and assessments. 

7 ‘‘SEC. 1193. WITHIN-STATE ALLOCATIONS. 

8 ‘‘(a) IN GENERAL.—After making the reservation re9 quired under subsection (d)(1), each State educational 

10 agency receiving a grant under section 1191(c)(2) shall 

11 award subgrants for a fiscal year by allocating in a timely 

12 manner to each eligible entity in the State having a plan 

13 approved under section 1195 an amount that bears the same 

14 relationship to the amount received under the grant and 

15 remaining after making such reservation as the population 

16 of English learners in schools served by the eligible entity 

17 bears to the population of English learners in schools served 

18 by all eligible entities in the State. 

19 ‘‘(b) LIMITATION.—A State educational agency shall 

20 not award a subgrant from an allocation made under sub21 section (a) if the amount of such subgrant would be less 

22 than $10,000. 

23 ‘‘(c) REALLOCATION.—Whenever a State educational 

24 agency determines that an amount from an allocation made 

25 to an eligible entity under subsection (a) for a fiscal year 


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1 will not be used by the entity for the purpose for which 

2 the allocation was made, the agency shall, in accordance 

3 with such rules as it determines to be appropriate, reallo4 cate such amount, consistent with such subsection, to other 

5 eligible entities in the State that the agency determines will 

6 use the amount to carry out that purpose. 

7 ‘‘(d) REQUIRED RESERVATION.—A State educational 

8 agency receiving a grant under this chapter for a fiscal 

9 year— 

10 ‘‘(1) shall reserve not more than 15 percent of the 

11 agency’s allotment under section 1191(c)(2) to award 

12 subgrants to eligible entities in the State that have ex13 perienced a significant increase, as compared to the 

14 average of the 2 preceding fiscal years, in the percent15 age or number of immigrant children and youth, who 

16 have enrolled, during the fiscal year preceding the fis17 cal year for which the subgrant is made, in public 

18 and nonpublic elementary schools and secondary 

19 schools in the geographic areas under the jurisdiction 

20 of, or served by, such entities; and 

21 ‘‘(2) in awarding subgrants under paragraph 

22 (1)— 

23 ‘‘(A) shall equally consider eligible entities 

24 that satisfy the requirement of such paragraph 


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1 but have limited or no experience in serving im2 migrant children and youth; and 

3 ‘‘(B) shall consider the quality of each local 

4 plan under section 1195 and ensure that each 

5 subgrant is of sufficient size and scope to meet 

6 the purposes of this subpart. 

7 ‘‘SEC. 1194. SUBGRANTS TO ELIGIBLE ENTITIES. 

8 ‘‘(a) PURPOSES OF SUBGRANTS.—A State educational 

9 agency may make a subgrant to an eligible entity from 

10 funds received by the agency under this chapter only if the 

11 entity agrees to expend the funds to improve the education 

12 of English learners, by assisting the children to learn 

13 English and meet State academic standards. In carrying 

14 out activities with such funds, the eligible entity shall use 

15 evidence-based approaches and methodologies for teaching 

16 English learners and immigrant children and youth for the 

17 following purposes: 

18 ‘‘(1) Developing and implementing new language 

19 instruction educational programs and academic con20 tent instruction programs for English learners and 

21 immigrant children and youth, including programs of 

22 early childhood education, elementary school pro23 grams, and secondary school programs. 

24 ‘‘(2) Carrying out highly focused, innovative, lo25 cally designed, evidence-based activities to expand or 


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1 enhance existing language instruction educational 

2 programs and academic content instruction programs 

3 for English learners and immigrant children and 

4 youth. 

5 ‘‘(3) Implementing, within an individual school, 

6 schoolwide programs for restructuring, reforming, and 

7 upgrading all relevant programs, activities, and oper8 ations relating to language instruction educational 

9 programs and academic content instruction for 

10 English learners and immigrant children and youth. 

11 ‘‘(4) Implementing, within the entire jurisdiction 

12 of a local educational agency, agencywide programs 

13 for restructuring, reforming, and upgrading all rel14 evant programs, activities, and operations relating to 

15 language instruction educational programs and aca16 demic content instruction for English learners and 

17 immigrant children and youth. 

18 ‘‘(b) ADMINISTRATIVE EXPENSES.—Each eligible enti19 ty receiving funds under section 1193(a) for a fiscal year 

20 shall use not more than 2 percent of such funds for the cost 

21 of administering this chapter. 

22 ‘‘(c) REQUIRED SUBGRANTEE ACTIVITIES.—An eligi23 ble entity receiving funds under section 1193(a) shall use 

24 the funds— 


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1 ‘‘(1) to increase the English language proficiency 

2 of English learners by providing high-quality, evi3 dence-based language instruction educational pro4 grams that meet the needs of English learners and 

5 have demonstrated success in increasing— 

6 ‘‘(A) English language proficiency; and 

7 ‘‘(B) student academic achievement in the 

8 core academic subjects; 

9 ‘‘(2) to provide high-quality, evidence-based pro10 fessional development to classroom teachers (including 

11 teachers in classroom settings that are not the settings 

12 of language instruction educational programs), school 

13 leaders, administrators, and other school or commu14 nity-based organization personnel, that is— 

15 ‘‘(A) designed to improve the instruction 

16 and assessment of English learners; 

17 ‘‘(B) designed to enhance the ability of 

18 teachers and school leaders to understand and 

19 implement curricula, assessment practices and 

20 measures, and instruction strategies for English 

21 learners; 

22 ‘‘(C) evidence-based in increasing children’s 

23 English language proficiency or substantially in24 creasing the subject matter knowledge, teaching 

25 knowledge, and teaching skills of teachers; and 


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1 ‘‘(D) of sufficient intensity and duration 

2 (which shall not include activities such as one3 day or short-term workshops and conferences) to 

4 have a positive and lasting impact on the teach5 ers’ performance in the classroom, except that 

6 this subparagraph shall not apply to an activity 

7 that is one component of a long-term, com8 prehensive professional development plan estab9 lished by a teacher and the teacher’s supervisor 

10 based on an assessment of the needs of the teach11 er, the supervisor, the students of the teacher, 

12 and any local educational agency employing the 

13 teacher, as appropriate; and 

14 ‘‘(3) to provide and implement other evidence15 based activities and strategies that enhance or supple16 ment language instruction educational programs for 

17 English learners, including parental and community 

18 engagement activities and strategies that serve to co19 ordinate and align related programs. 

20 ‘‘(d) AUTHORIZED SUBGRANTEE ACTIVITIES.—Subject 

21 to subsection (c), an eligible entity receiving funds under 

22 section 1193(a) may use the funds to achieve one of the pur23 poses described in subsection (a) by undertaking one or 

24 more of the following activities: 


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1 ‘‘(1) Upgrading program objectives and effective 

2 instruction strategies. 

3 ‘‘(2) Improving the instruction program for 

4 English learners by identifying, acquiring, and up5 grading curricula, instruction materials, educational 

6 software, and assessment procedures. 

7 ‘‘(3) Providing to English learners— 

8 ‘‘(A) tutorials and academic or career edu9 cation for English learners; and 

10 ‘‘(B) intensified instruction. 

11 ‘‘(4) Developing and implementing elementary 

12 school or secondary school language instruction edu13 cational programs that are coordinated with other 

14 relevant programs and services. 

15 ‘‘(5) Improving the English language proficiency 

16 and academic achievement of English learners. 

17 ‘‘(6) Providing community participation pro18 grams, family literacy services, and parent outreach 

19 and training activities to English learners and their 

20 families— 

21 ‘‘(A) to improve the English language skills 

22 of English learners; and 

23 ‘‘(B) to assist parents in helping their chil24 dren to improve their academic achievement and 


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1 becoming active participants in the education of 

2 their children. 

3 ‘‘(7) Improving the instruction of English learn4 ers by providing for— 

5 ‘‘(A) the acquisition or development of edu6 cational technology or instructional materials; 

7 ‘‘(B) access to, and participation in, elec8 tronic networks for materials, training, and 

9 communication; and 

10 ‘‘(C) incorporation of the resources described 

11 in subparagraphs (A) and (B) into curricula 

12 and programs, such as those funded under this 

13 chapter. 

14 ‘‘(8) Carrying out other activities that are con15 sistent with the purposes of this section. 

16 ‘‘(e) ACTIVITIES BY AGENCIES EXPERIENCING SUB17 STANTIAL INCREASES IN IMMIGRANT CHILDREN AND

18 YOUTH.— 

19 ‘‘(1) IN GENERAL.—An eligible entity receiving 

20 funds under section 1193(d)(1) shall use the funds to 

21 pay for activities that provide enhanced instructional 

22 opportunities for immigrant children and youth, 

23 which may include— 

24 ‘‘(A) family literacy, parent outreach, and 

25 training activities designed to assist parents to 


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1 become active participants in the education of 

2 their children; 

3 ‘‘(B) support for personnel, including para4 professionals who have been specifically trained, 

5 or are being trained, to provide services to immi6 grant children and youth; 

7 ‘‘(C) provision of tutorials, mentoring, and 

8 academic or career counseling for immigrant 

9 children and youth; 

10 ‘‘(D) identification, development, and ac11 quisition of curricular materials, educational 

12 software, and technologies to be used in the pro13 gram carried out with awarded funds; 

14 ‘‘(E) basic instruction services that are di15 rectly attributable to the presence in the local 

16 educational agency involved of immigrant chil17 dren and youth, including the payment of costs 

18 of providing additional classroom supplies, costs 

19 of transportation, or such other costs as are di20 rectly attributable to such additional basic in21 struction services; 

22 ‘‘(F) other instruction services that are de23 signed to assist immigrant children and youth to 

24 achieve in elementary schools and secondary 

25 schools in the United States, such as programs of 


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1 introduction to the educational system and civics 

2 education; and 

3 ‘‘(G) activities, coordinated with commu4 nity-based organizations, institutions of higher 

5 education, private sector entities, or other enti6 ties with expertise in working with immigrants, 

7 to assist parents of immigrant children and 

8 youth by offering comprehensive community 

9 services. 

10 ‘‘(2) DURATION OF SUBGRANTS.—The duration 

11 of a subgrant made by a State educational agency 

12 under section 1193(d)(1) shall be determined by the 

13 agency in its discretion. 

14 ‘‘(f) SELECTION OF METHOD OF INSTRUCTION.— 

15 ‘‘(1) IN GENERAL.—To receive a subgrant from 

16 a State educational agency under this chapter, an eli17 gible entity shall select one or more methods or forms 

18 of instruction to be used in the programs and activi19 ties undertaken by the entity to assist English learn20 ers to attain English language proficiency and meet 

21 State academic standards. 

22 ‘‘(2) CONSISTENCY.—Such selection shall be con23 sistent with sections 1204 through 1206. 

24 ‘‘(g) SUPPLEMENT, NOT SUPPLANT.—Federal funds 

25 made available under this chapter shall be used so as to 


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1 supplement the level of Federal, State, and local public 

2 funds that, in the absence of such availability, would have 

3 been expended for programs for English learners and immi4 grant children and youth and in no case to supplant such 

5 Federal, State, and local public funds. 

6 ‘‘SEC. 1195. LOCAL PLANS. 

7 ‘‘(a) PLAN REQUIRED.—Each eligible entity desiring 

8 a subgrant from the State educational agency under section 

9 1193 shall submit a plan to the State educational agency 

10 at such time, in such manner, and containing such infor11 mation as the State educational agency may require. 

12 ‘‘(b) CONTENTS.—Each plan submitted under sub13 section (a) shall— 

14 ‘‘(1) describe the evidence-based programs and 

15 activities proposed to be developed, implemented, and 

16 administered under the subgrant that will help 

17 English learners increase their English language pro18 ficiency and meet the State academic standards; 

19 ‘‘(2) describe how the eligible entity will hold ele20 mentary schools and secondary schools receiving funds 

21 under this chapter accountable for annually assessing 

22 the English language proficiency of all children par23 ticipating under this subpart, consistent with section 

24 1111(b); 


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1 ‘‘(3) describe how the eligible entity will promote 

2 parent and community engagement in the education 

3 of English learners; 

4 ‘‘(4) contain an assurance that the eligible entity 

5 consulted with teachers, researchers, school adminis6 trators, parents and community members, public or 

7 private organizations, and institutions of higher edu8 cation, in developing and implementing such plan; 

9 ‘‘(5) describe how language instruction edu10 cational programs carried out under the subgrant will 

11 ensure that English learners being served by the pro12 grams develop English language proficiency; and 

13 ‘‘(6) contain assurances that— 

14 ‘‘(A) each local educational agency that is 

15 included in the eligible entity is complying with 

16 section 1112(g) prior to, and throughout, each 

17 school year; and 

18 ‘‘(B) the eligible entity is not in violation 

19 of any State law, including State constitutional 

20 law, regarding the education of English learners, 

21 consistent with sections 1205 and 1206. 

22 ‘‘(c) TEACHER ENGLISH FLUENCY.—Each eligible en23 tity receiving a subgrant under section 1193 shall include 

24 in its plan a certification that all teachers in any language 

25 instruction educational program for English learners that 


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1 is, or will be, funded under this subpart are fluent in 

2 English and any other language used for instruction, in3 cluding having written and oral communications skills. 

4 ‘‘CHAPTER B—ADMINISTRATION 

5 ‘‘SEC. 1201. REPORTING. 

6 ‘‘(a) IN GENERAL.—Each eligible entity that receives 

7 a subgrant from a State educational agency under chapter 

8 A shall provide such agency, at the conclusion of every sec9 ond fiscal year during which the subgrant is received, with 

10 a report, in a form prescribed by the agency, on the activi11 ties conducted and students served under this subpart that 

12 includes— 

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

14 conducted by the entity with funds received under 

15 chapter A during the two immediately preceding fis16 cal years, including how such programs and activities 

17 supplemented programs funded primarily with State 

18 or local funds; 

19 ‘‘(2) a description of the progress made by 

20 English learners in learning the English language 

21 and in meeting State academic standards; 

22 ‘‘(3) the number and percentage of English 

23 learners in the programs and activities attaining 

24 English language proficiency based on the State 

25 English language proficiency standards established 


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1 under section 1111(b)(1)(E) by the end of each school 

2 year, as determined by the State’s English language 

3 proficiency assessment under section 1111(b)(2)(D); 

4 ‘‘(4) the number of English learners who exit the 

5 language instruction educational programs based on 

6 their attainment of English language proficiency and 

7 transitioned to classrooms not tailored for English 

8 learners; 

9 ‘‘(5) a description of the progress made by 

10 English learners in meeting the State academic 

11 standards for each of the 2 years after such children 

12 are no longer receiving services under this subpart; 

13 ‘‘(6) the number and percentage of English 

14 learners who have not attained English language pro15 ficiency within five years of initial classification as 

16 an English learner and first enrollment in the local 

17 educational agency; and 

18 ‘‘(7) any such other information as the State 

19 educational agency may require. 

20 ‘‘(b) USE OF REPORT.—A report provided by an eligi21 ble entity under subsection (a) shall be used by the entity 

22 and the State educational agency— 

23 ‘‘(1) to determine the effectiveness of programs 

24 and activities in assisting children who are English 

25 learners— 


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1 ‘‘(A) to attain English language pro2 ficiency; and 

3 ‘‘(B) to make progress in meeting State aca4 demic standards under section 1111(b)(1); and 

5 ‘‘(2) upon determining the effectiveness of pro6 grams and activities based on the criteria in para7 graph (1), to decide how to improve programs. 

8 ‘‘SEC. 1202. ANNUAL REPORT. 

9 ‘‘(a) STATES.—Based upon the reports provided to a 

10 State educational agency under section 1201, each such 

11 agency that receives a grant under this subpart shall pre12 pare and submit annually to the Secretary a report on pro13 grams and activities carried out by the State educational 

14 agency under this subpart and the effectiveness of such pro15 grams and activities in improving the education provided 

16 to English learners. 

17 ‘‘(b) SECRETARY.—Annually, the Secretary shall pre18 pare and submit to the Committee on Education and the 

19 Workforce of the House of Representatives and the Com20 mittee on Health, Education, Labor, and Pensions of the 

21 Senate a report— 

22 ‘‘(1) on programs and activities carried out to 

23 serve English learners under this subpart, and the ef24 fectiveness of such programs and activities in improvVerDate Mar 15 2010 21:20 Apr 27, 2012 Jkt 019200 PO 00000 Frm 00168 Fmt 6652 Sfmt 6203 E:\BILLS\H3989.RH H3989

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1 ing the academic achievement and English language 

2 proficiency of English learners; 

3 ‘‘(2) on the types of language instruction edu4 cational programs used by local educational agencies 

5 or eligible entities receiving funding under this sub6 part to teach English learners; 

7 ‘‘(3) containing a critical synthesis of data re8 ported by eligible entities to States under section 

9 1201(a); 

10 ‘‘(4) containing a description of technical assist11 ance and other assistance provided by State edu12 cational agencies under section 1191(b)(2)(C); 

13 ‘‘(5) containing an estimate of the number of ef14 fective teachers working in language instruction edu15 cational programs and educating English learners, 

16 and an estimate of the number of such teachers that 

17 will be needed for the succeeding 5 fiscal years; 

18 ‘‘(6) containing the number of programs or ac19 tivities, if any, that were terminated because the enti20 ties carrying out the programs or activities were not 

21 able to reach program goals; 

22 ‘‘(7) containing the number of English learners 

23 served by eligible entities receiving funding under this 

24 subpart who were transitioned out of language in25 struction educational programs funded under this 


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1 subpart into classrooms where instruction is not tai2 lored for English learners; and 

3 ‘‘(8) containing other information gathered from 

4 other reports submitted to the Secretary under this 

5 subpart when applicable. 

6 ‘‘SEC. 1203. COORDINATION WITH RELATED PROGRAMS. 

7 ‘‘In order to maximize Federal efforts aimed at serving 

8 the educational needs of English learners, the Secretary 

9 shall coordinate and ensure close cooperation with other en10 tities carrying out programs serving language-minority 

11 and English learners that are administered by the Depart12 ment and other agencies. 

13 ‘‘SEC. 1204. RULES OF CONSTRUCTION. 

14 ‘‘Nothing in this subpart shall be construed— 

15 ‘‘(1) to prohibit a local educational agency from 

16 serving English learners simultaneously with children 

17 with similar educational needs, in the same edu18 cational settings where appropriate; 

19 ‘‘(2) to require a State or a local educational 

20 agency to establish, continue, or eliminate any par21 ticular type of instructional program for English 

22 learners; or 

23 ‘‘(3) to limit the preservation or use of Native 

24 American languages. 


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1 ‘‘SEC. 1205. LEGAL AUTHORITY UNDER STATE LAW. 

2 ‘‘Nothing in this subpart shall be construed to negate 

3 or supersede State law, or the legal authority under State 

4 law of any State agency, State entity, or State public offi5 cial, over programs that are under the jurisdiction of the 

6 State agency, entity, or official. 

7 ‘‘SEC. 1206. CIVIL RIGHTS. 

8 ‘‘Nothing in this subpart shall be construed in a man9 ner inconsistent with any Federal law guaranteeing a civil 

10 right. 

11 ‘‘SEC. 1207. PROHIBITION. 

12 ‘‘In carrying out this subpart, the Secretary shall nei13 ther mandate nor preclude the use of a particular cur14 ricular or pedagogical approach to educating English 

15 learners. 

16 ‘‘SEC. 1208. PROGRAMS FOR NATIVE AMERICANS AND PUER17 TO RICO. 

18 ‘‘Notwithstanding any other provision of this subpart, 

19 programs authorized under this subpart that serve Native 

20 American (including Native American Pacific Islander) 

21 children and children in the Commonwealth of Puerto Rico 

22 may include programs of instruction, teacher training, cur23 riculum development, evaluation, and assessment designed 

24 for Native American children learning and studying Native 

25 American languages and children of limited Spanish pro26 ficiency, except that an outcome of programs serving such 


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1 children shall be increased English proficiency among such 

2 children. 

3 ‘‘CHAPTER C—NATIONAL ACTIVITIES 

4 ‘‘SEC. 1211. NATIONAL PROFESSIONAL DEVELOPMENT 

5 PROJECT. 

6 ‘‘The Secretary shall use funds made available under 

7 section 1191(c)(1)(B) to award grants on a competitive 

8 basis, for a period of not more than 5 years, to institutions 

9 of higher education or public or private organizations with 

10 relevant experience and capacity (in consortia with State 

11 educational agencies or local educational agencies) to pro12 vide for professional development activities that will im13 prove classroom instruction for English learners and assist 

14 educational personnel working with such children to meet 

15 high professional standards, including standards for certifi16 cation and licensure as teachers who work in language in17 struction educational programs or serve English learners. 

18 Grants awarded under this subsection may be used— 

19 ‘‘(1) for preservice, evidence-based professional 

20 development programs that will assist local schools 

21 and institutions of higher education to upgrade the 

22 qualifications and skills of educational personnel who 

23 are not certified or licensed, especially educational 

24 paraprofessionals; 


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1 ‘‘(2) for the development of curricula or other in2 structional strategies appropriate to the needs of the 

3 consortia participants involved; 

4 ‘‘(3) to support strategies that strengthen and in5 crease parent and community member engagement in 

6 the education of English learners; and 

7 ‘‘(4) to share and disseminate evidence-based 

8 practices in the instruction of English learners and in 

9 increasing their student achievement. 

10 ‘‘CHAPTER D—GENERAL PROVISIONS 

11 ‘‘SEC. 1221. DEFINITIONS. 

12 ‘‘Except as otherwise provided, in this subpart: 

13 ‘‘(1) CHILD.—The term ‘child’ means any indi14 vidual aged 3 through 21. 

15 ‘‘(2) COMMUNITY-BASED ORGANIZATION.—The 

16 term ‘community-based organization’ means a private 

17 nonprofit organization of demonstrated effectiveness, 

18 Indian tribe, or tribally sanctioned educational au19 thority, that is representative of a community or sig20 nificant segments of a community and that provides 

21 educational or related services to individuals in the 

22 community. Such term includes a Native Hawaiian 

23 or Native American Pacific Islander native language 

24 educational organization. 


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1 ‘‘(3) ELIGIBLE ENTITY.—The term ‘eligible enti2 ty’ means— 

3 ‘‘(A) one or more local educational agencies; 

4 or 

5 ‘‘(B) one or more local educational agencies, 

6 in consortia (or collaboration) with an institu7 tion of higher education, community-based orga8 nization, or State educational agency. 

9 ‘‘(4) IMMIGRANT CHILDREN AND YOUTH.—The 

10 term ‘immigrant children and youth’ means individ11 uals who— 

12 ‘‘(A) are age 3 through 21; 

13 ‘‘(B) were not born in any State; and 

14 ‘‘(C) have not been attending one or more 

15 schools in any one or more States for more than 

16 3 full academic years. 

17 ‘‘(5) INDIAN TRIBE.—The term ‘Indian tribe’ 

18 means any Indian tribe, band, nation, or other orga19 nized group or community, including any Native vil20 lage or Regional Corporation or Village Corporation 

21 as defined in or established pursuant to the Alaska 

22 Native Claims Settlement Act, that is recognized as 

23 eligible for the special programs and services provided 

24 by the United States to Indians because of their sta25 tus as Indians. 


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1 ‘‘(6) LANGUAGE INSTRUCTION EDUCATIONAL

2 PROGRAM.—The term ‘language instruction edu3 cational program’ means an instruction course— 

4 ‘‘(A) in which an English learner is placed 

5 for the purpose of developing and attaining 

6 English language proficiency, while meeting 

7 State academic standards, as required by section 

8 1111(b)(1); and 

9 ‘‘(B) that may make instructional use of 

10 both English and a child’s native language to en11 able the child to develop and attain English lan12 guage proficiency, and may include the partici13 pation of English language proficient children if 

14 such course is designed to enable all partici15 pating children to become proficient in English 

16 and a second language. 

17 ‘‘(7) NATIVE AMERICAN AND NATIVE AMERICAN

18 LANGUAGE.—The terms ‘Native American’ and ‘Na19 tive American language’ shall have the meanings 

20 given such terms in section 103 of the Native Amer21 ican Languages Act. 

22 ‘‘(8) NATIVE LANGUAGE.—The term ‘native lan23 guage’, when used with reference to English learner, 

24 means— 


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1 ‘‘(A) the language normally used by such 

2 individual; or 

3 ‘‘(B) in the case of a child or youth, the lan4 guage normally used by the parents of the child 

5 or youth. 

6 ‘‘(9) PARAPROFESSIONAL.—The term ‘para7 professional’ means an individual who is employed in 

8 a preschool, elementary school, or secondary school 

9 under the supervision of a certified or licensed teach10 er, including individuals employed in language in11 struction educational programs, special education, 

12 and migratory education. 

13 ‘‘(10) STATE.—The term ‘State’ means each of 

14 the 50 States, the District of Columbia, and the Com15 monwealth of Puerto Rico. 

16 ‘‘SEC. 1222. NATIONAL CLEARINGHOUSE. 

17 ‘‘The Secretary shall establish and support the oper18 ation of a National Clearinghouse for English Language 

19 Acquisition and Language Instruction Educational Pro20 grams, which shall collect, analyze, synthesize, and dissemi21 nate information about language instruction educational 

22 programs for English learners, and related programs. The 

23 National Clearinghouse shall— 

24 ‘‘(1) be administered as an adjunct clearinghouse 

25 of the Educational Resources Information Center 


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1 Clearinghouses system supported by the Institute of 

2 Education Sciences; 

3 ‘‘(2) coordinate activities with Federal data and 

4 information clearinghouses and entities operating 

5 Federal dissemination networks and systems; 

6 ‘‘(3) develop a system for improving the oper7 ation and effectiveness of federally funded language 

8 instruction educational programs; and 

9 ‘‘(4) collect and disseminate information on— 

10 ‘‘(A) educational research and processes re11 lated to the education of English learners; and 

12 ‘‘(B) accountability systems that monitor 

13 the academic progress of English learners in lan14 guage instruction educational programs, includ15 ing information on academic content and 

16 English language proficiency assessments for 

17 language instruction educational programs; and 

18 ‘‘(5) publish, on an annual basis, a list of grant 

19 recipients under this subpart. 

20 ‘‘SEC. 1223. REGULATIONS. 

21 ‘‘In developing regulations under this subpart, the Sec22 retary shall consult with State educational agencies and 

23 local educational agencies, organizations representing 

24 English learners, and organizations representing teachers 


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1 and other personnel involved in the education of English 

2 learners. 

3 ‘‘Subpart 5—Rural Education Achievement Program 

4 ‘‘SEC. 1230. PURPOSE. 

5 ‘‘It is the purpose of this subpart to address the unique 

6 needs of rural school districts that frequently— 

7 ‘‘(1) lack the personnel and resources needed to 

8 compete effectively for Federal competitive grants; 

9 and 

10 ‘‘(2) receive formula grant allocations in 

11 amounts too small to be effective in meeting their in12 tended purposes. 

13 ‘‘CHAPTER A—SMALL, RURAL SCHOOL 

14 ACHIEVEMENT PROGRAM 

15 ‘‘SEC. 1231. GRANT PROGRAM AUTHORIZED. 

16 ‘‘(a) IN GENERAL.—From amounts appropriated 

17 under section 3(a)(1) for a fiscal year, the Secretary shall 

18 reserve .55 of one percent to award grants to eligible local 

19 educational agencies to enable the local educational agencies 

20 to carry out activities authorized under any of the following 

21 provisions: 

22 ‘‘(1) Part A of title I. 

23 ‘‘(2) Title II. 

24 ‘‘(3) Title III. 

25 ‘‘(b) ALLOCATION.— 


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1 ‘‘(1) IN GENERAL.—Except as provided in para2 graph (3), the Secretary shall award a grant under 

3 subsection (a) to a local educational agency eligible 

4 under subsection (d) for a fiscal year in an amount 

5 equal to the initial amount determined under para6 graph (2) for the fiscal year minus the total amount 

7 received by the agency in subpart 2 of part A of title 

8 II for the preceding fiscal year. 

9 ‘‘(2) DETERMINATION OF INITIAL AMOUNT.—The 

10 initial amount referred to in paragraph (1) is equal 

11 to $100 multiplied by the total number of students in 

12 excess of 50 students, in average daily attendance at 

13 the schools served by the local educational agency, 

14 plus $20,000, except that the initial amount may not 

15 exceed $60,000. 

16 ‘‘(3) RATABLE ADJUSTMENT.— 

17 ‘‘(A) IN GENERAL.—If the amount made 

18 available to carry out this section for any fiscal 

19 year is not sufficient to pay in full the amounts 

20 that local educational agencies are eligible to re21 ceive under paragraph (1) for such year, the Sec22 retary shall ratably reduce such amounts for 

23 such year. 

24 ‘‘(B) ADDITIONAL AMOUNTS.—If additional 

25 funds become available for making payments 


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1 under paragraph (1) for such fiscal year, pay2 ments that were reduced under subparagraph (A) 

3 shall be increased on the same basis as such pay4 ments were reduced. 

5 ‘‘(c) DISBURSEMENT.—The Secretary shall disburse 

6 the funds awarded to a local educational agency under this 

7 section for a fiscal year not later than July 1 of that fiscal 

8 year. 

9 ‘‘(d) ELIGIBILITY.— 

10 ‘‘(1) IN GENERAL.—A local educational agency 

11 shall be eligible to use the applicable funding in ac12 cordance with subsection (a) if— 

13 ‘‘(A)(i)(I) the total number of students in 

14 average daily attendance at all of the schools 

15 served by the local educational agency is fewer 

16 than 600; or 

17 ‘‘(II) each county in which a school served 

18 by the local educational agency is located has a 

19 total population density of fewer than 10 persons 

20 per square mile; and 

21 ‘‘(ii) all of the schools served by the local 

22 educational agency are designated with a school 

23 locale code of 41, 42, or 43, as determined by the 

24 Secretary; or 


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1 ‘‘(B) the agency meets the criteria estab2 lished in subparagraph (A)(i) and the Secretary, 

3 in accordance with paragraph (2), grants the 

4 local educational agency’s request to waive the 

5 criteria described in subparagraph (A)(ii). 

6 ‘‘(2) CERTIFICATION.—The Secretary shall deter7 mine whether to waive the criteria described in para8 graph (1)(A)(ii) based on a demonstration by the 

9 local educational agency, and concurrence by the 

10 State educational agency, that the local educational 

11 agency is located in an area defined as rural by a 

12 governmental agency of the State. 

13 ‘‘(3) HOLD HARMLESS.—For a local educational 

14 agency that is not eligible under this chapter but met 

15 the eligibility requirements under this subsection as it 

16 was in effect prior to the date of the enactment of the 

17 Student Success Act, the agency shall receive— 

18 ‘‘(A) for fiscal year 2013, 75 percent of the 

19 amount such agency received for fiscal year 

20 2012; 

21 ‘‘(B) for fiscal year 2014, 50 percent of the 

22 amount such agency received for fiscal year 

23 2012; and 


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1 ‘‘(C) for fiscal year 2015, 25 percent of the 

2 amount such agency received for fiscal year 

3 2012. 

4 ‘‘(e) SPECIAL ELIGIBILITY RULE.—A local educational 

5 agency that receives a grant under this chapter for a fiscal 

6 year is not eligible to receive funds for such fiscal year 

7 under chapter B. 

8 ‘‘CHAPTER B—RURAL AND LOW-INCOME 

9 SCHOOL PROGRAM 

10 ‘‘SEC. 1235. PROGRAM AUTHORIZED. 

11 ‘‘(a) GRANTS TO STATES.— 

12 ‘‘(1) IN GENERAL.—From amounts appropriated 

13 under section 3(a)(1) for a fiscal year, the Secretary 

14 shall reserve .55 of one percent to for this chapter for 

15 a fiscal year that are not reserved under subsection 

16 (c) to award grants (from allotments made under 

17 paragraph (2)) for the fiscal year to State educational 

18 agencies that have applications submitted under sec19 tion 1237 approved to enable the State educational 

20 agencies to award grants to eligible local educational 

21 agencies for local authorized activities described in 

22 section 1236(a). 

23 ‘‘(2) ALLOTMENT.—From amounts described in 

24 paragraph (1) for a fiscal year, the Secretary shall 

25 allot to each State educational agency for that fiscal 


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1 year an amount that bears the same ratio to those 

2 amounts as the number of students in average daily 

3 attendance served by eligible local educational agen4 cies in the State for that fiscal year bears to the num5 ber of all such students served by eligible local edu6 cational agencies in all States for that fiscal year. 

7 ‘‘(3) SPECIALLY QUALIFIED AGENCIES.— 

8 ‘‘(A) ELIGIBILITY AND APPLICATION.—If a 

9 State educational agency elects not to participate 

10 in the program under this subpart or does not 

11 have an application submitted under section 

12 1237 approved, a specially qualified agency in 

13 such State desiring a grant under this subpart 

14 may submit an application under such section 

15 directly to the Secretary to receive an award 

16 under this subpart. 

17 ‘‘(B) DIRECT AWARDS.—The Secretary may 

18 award, on a competitive basis or by formula, the 

19 amount the State educational agency is eligible 

20 to receive under paragraph (2) directly to a spe21 cially qualified agency in the State that has sub22 mitted an application in accordance with sub23 paragraph (A) and obtained approval of the ap24 plication. 


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1 ‘‘(C) SPECIALLY QUALIFIED AGENCY DE2 FINED.—In this subpart, the term ‘specially 

3 qualified agency’ means an eligible local edu4 cational agency served by a State educational 

5 agency that does not participate in a program 

6 under this subpart in a fiscal year, that may 

7 apply directly to the Secretary for a grant in 

8 such year under this subsection. 

9 ‘‘(b) LOCAL AWARDS.— 

10 ‘‘(1) ELIGIBILITY.—A local educational agency 

11 shall be eligible to receive a grant under this subpart 

12 if— 

13 ‘‘(A) 20 percent or more of the children ages 

14 5 through 17 years served by the local edu15 cational agency are from families with incomes 

16 below the poverty line; and 

17 ‘‘(B) all of the schools served by the agency 

18 are designated with a school locale code of 32, 

19 33, 41, 42, 43, as determined by the Secretary. 

20 ‘‘(2) AWARD BASIS.—A State educational agency 

21 shall award grants to eligible local educational agen22 cies— 

23 ‘‘(A) on a competitive basis; 

24 ‘‘(B) according to a formula based on the 

25 number of students in average daily attendance 


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1 served by the eligible local educational agencies 

2 or schools in the State; or 

3 ‘‘(C) according to an alternative formula, if, 

4 prior to awarding the grants, the State edu5 cational agency demonstrates, to the satisfaction 

6 of the Secretary, that the alternative formula en7 ables the State educational agency to allot the 

8 grant funds in a manner that serves equal or 

9 greater concentrations of children from families 

10 with incomes below the poverty line, relative to 

11 the concentrations that would be served if the 

12 State educational agency used the formula de13 scribed in subparagraph (B). 

14 ‘‘(c) RESERVATIONS.—From amounts reserved under 

15 section 1235(a)(1) for this chapter for a fiscal year, the Sec16 retary shall reserve— 

17 ‘‘(1) one-half of 1 percent to make awards to ele18 mentary schools or secondary schools operated or sup19 ported by the Bureau of Indian Education, to carry 

20 out the activities authorized under this chapter; and 

21 ‘‘(2) one-half of 1 percent to make awards to the 

22 outlying areas in accordance with their respective 

23 needs, to carry out the activities authorized under this 

24 chapter. 


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1 ‘‘SEC. 1236. USES OF FUNDS. 

2 ‘‘(a) LOCAL AWARDS.—Grant funds awarded to local 

3 educational agencies under this chapter shall be used for 

4 activities authorized under any of the following: 

5 ‘‘(1) Part A of title I. 

6 ‘‘(2) Title II. 

7 ‘‘(3) Title III. 

8 ‘‘(b) ADMINISTRATIVE COSTS.—A State educational 

9 agency receiving a grant under this chapter may not use 

10 more than 5 percent of the amount of the grant for State 

11 administrative costs and to provide technical assistance to 

12 eligible local educational agencies. 

13 ‘‘SEC. 1237. APPLICATIONS. 

14 ‘‘(a) IN GENERAL.—Each State educational agency or 

15 specially qualified agency desiring to receive a grant under 

16 this chapter shall submit an application to the Secretary 

17 at such time and in such manner as the Secretary may 

18 require. 

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

20 subsection (a) shall include— 

21 ‘‘(1) a description of how the State educational 

22 agency or specially qualified agency will ensure eligi23 ble local educational agencies receiving a grant under 

24 this chapter will use such funds to help students meet 

25 the State academic standards under section 

26 1111(b)(1); 


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1 ‘‘(2) if the State educational agency or specially 

2 qualified agency will competitively award grants to 

3 eligible local educational agencies, as described in sec4 tion 1235(b)(2)(A), the application under the section 

5 shall include— 

6 ‘‘(A) the methods and criteria the State edu7 cational agency or specially qualified agency 

8 will use for reviewing applications and awards 

9 funds to local educational agencies on a competi10 tive basis; and 

11 ‘‘(B) how the State educational agency or 

12 specially qualified agency will notify eligible 

13 local educational agencies of the grant competi14 tion; and 

15 ‘‘(3) a description of how the State educational 

16 agency or specially qualified agency will provide tech17 nical assistance to eligible local educational agencies 

18 to help such agencies implement the activities de19 scribed in section 1236(a). 

20 ‘‘SEC. 1238. ACCOUNTABILITY. 

21 ‘‘(a) STATE REPORT.—Each State educational agency 

22 or specially qualified agency that receives a grant under 

23 this chapter shall prepare and submit an annual report to 

24 the Secretary. The report shall describe— 


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1 ‘‘(1) the methods and criteria the State edu2 cational agency or specially qualified agency used to 

3 award grants to eligible local educational agencies, 

4 and to provide assistance to schools, under this chap5 ter; 

6 ‘‘(2) how local educational agencies and schools 

7 used funds provided under this chapter; and 

8 ‘‘(3) the degree to which progress has been made 

9 toward having all students meet the State academic 

10 standards under section 1111(b)(1). 

11 ‘‘(b) REPORT TO CONGRESS.—The Secretary shall pre12 pare and submit to the Committee on Education and the 

13 Workforce of the House of Representatives and the Com14 mittee on Health, Education, Labor, and Pensions of the 

15 Senate a biennial report. The report shall describe— 

16 ‘‘(1) how State local educational agencies, local 

17 educational agencies, and schools used funds provided 

18 under this chapter; and 

19 ‘‘(2) the degree to which progress has been made 

20 toward having all students meet the State academic 

21 standards under section 1111(b)(1). 

22 ‘‘SEC. 1239. CHOICE OF PARTICIPATION. 

23 ‘‘(a) IN GENERAL.—If a local educational agency is 

24 eligible for funding under chapters A and B of this subpart, 

25 such local educational agency may receive funds under eiVerDate Mar 15 2010 21:20 Apr 27, 2012 Jkt 019200 PO 00000 Frm 00188 Fmt 6652 Sfmt 6203 E:\BILLS\H3989.RH H3989

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1 ther chapter A or chapter B for a fiscal year, but may not 

2 receive funds under both chapters. 

3 ‘‘(b) NOTIFICATION.—A local educational agency eligi4 ble for both chapters A and B of this subpart shall notify 

5 the Secretary and the State educational agency under which 

6 of such chapters such local educational agency intends to 

7 receive funds for a fiscal year by a date that is established 

8 by the Secretary for the notification. 

9 ‘‘CHAPTER C—GENERAL PROVISIONS 

10 ‘‘SEC. 1241. ANNUAL AVERAGE DAILY ATTENDANCE DETER11 MINATION. 

12 ‘‘(a) CENSUS DETERMINATION.—Each local edu13 cational agency desiring a grant under section 1231 and 

14 each local educational agency or specially qualified agency 

15 desiring a grant under chapter B shall— 

16 ‘‘(1) not later than December 1 of each year, con17 duct a census to determine the number of students in 

18 average daily attendance in kindergarten through 

19 grade 12 at the schools served by the agency; and 

20 ‘‘(2) not later than March 1 of each year, submit 

21 the number described in paragraph (1) to the Sec22 retary (and to the State educational agency, in the 

23 case of a local educational agency seeking a grant 

24 under subpart 2). 


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1 ‘‘(b) PENALTY.—If the Secretary determines that a 

2 local educational agency or specially qualified agency has 

3 knowingly submitted false information under subsection (a) 

4 for the purpose of gaining additional funds under section 

5 1231 or chapter B, then the agency shall be fined an amount 

6 equal to twice the difference between the amount the agency 

7 received under this section and the correct amount the agen8 cy would have received under section 1231 or chapter B 

9 if the agency had submitted accurate information under 

10 subsection (a). 

11 ‘‘SEC. 1242. SUPPLEMENT, NOT SUPPLANT. 

12 ‘‘Funds made available under chapter A or chapter B 

13 shall be used to supplement, and not supplant, any other 

14 Federal, State, or local education funds. 

15 ‘‘SEC. 1243. RULE OF CONSTRUCTION. 

16 ‘‘Nothing in this subpart shall be construed to prohibit 

17 a local educational agency that enters into cooperative ar18 rangements with other local educational agencies for the 

19 provision of special, compensatory, or other education serv20 ices, pursuant to State law or a written agreement, from 

21 entering into similar arrangements for the use, or the co22 ordination of the use, of the funds made available under 

23 this subpart. 


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1 ‘‘Subpart 6—Indian Education 

2 ‘‘SEC. 1251. STATEMENT OF POLICY. 

3 ‘‘It is the policy of the United States to fulfill the Fed4 eral Government’s unique and continuing trust relationship 

5 with and responsibility to the Indian people for the edu6 cation of Indian children. The Federal Government will 

7 continue to work with local educational agencies, Indian 

8 tribes and organizations, postsecondary institutions, and 

9 other entities toward the goal of ensuring that programs 

10 that serve Indian children are of the highest quality and 

11 provide for not only the basic elementary and secondary 

12 educational needs, but also the unique educational and cul13 turally related academic needs of these children. 

14 ‘‘SEC. 1252. PURPOSE. 

15 ‘‘It is the purpose of this subpart to support the efforts 

16 of local educational agencies, Indian tribes and organiza17 tions, postsecondary institutions, and other entities— 

18 ‘‘(1) to meet the unique educational and cul19 turally related academic needs of American Indian 

20 and Alaska Native students, so that such students can 

21 meet the State academic standards that all students 

22 are expected to meet; and 

23 ‘‘(2) to ensure that school leaders, teachers, and 

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1 priate instruction to meet the unique academic needs 

2 of such students. 

3 ‘‘CHAPTER A—FORMULA GRANTS TO 

4 LOCAL EDUCATIONAL AGENCIES 

5 ‘‘SEC. 1261. PURPOSE. 

6 ‘‘It is the purpose of this chapter to support local edu7 cational agencies in their efforts to reform elementary school 

8 and secondary school programs that serve Indian students 

9 in order to ensure that such programs are designed to— 

10 ‘‘(1) meet the unique educational needs of such 

11 students; and 

12 ‘‘(2) ensure that such students have the oppor13 tunity to meet the State academic standards. 

14 ‘‘SEC. 1262. GRANTS TO LOCAL EDUCATIONAL AGENCIES 

15 AND TRIBES. 

16 ‘‘(a) IN GENERAL.—From amounts appropriated 

17 under section 3(a)(1), the Secretary shall reserve .6 of one 

18 percent to local educational agencies and Indian tribes in 

19 accordance with this section and section 1263. 

20 ‘‘(b) LOCAL EDUCATIONAL AGENCIES.— 

21 ‘‘(1) ENROLLMENT REQUIREMENTS.—A local 

22 educational agency shall be eligible for a grant under 

23 this chapter for any fiscal year if the number of In24 dian children eligible under section 1267 who were 

25 enrolled in the schools of the agency, and to whom the 


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1 agency provided free public education, during the pre2 ceding fiscal year— 

3 ‘‘(A) was at least 10; or 

4 ‘‘(B) constituted not less than 25 percent of 

5 the total number of individuals enrolled in the 

6 schools of such agency. 

7 ‘‘(2) EXCLUSION.—The requirement of para8 graph (1) shall not apply in Alaska, California, or 

9 Oklahoma, or with respect to any local educational 

10 agency located on, or in proximity to, an Indian res11 ervation. 

12 ‘‘(c) INDIAN TRIBES.— 

13 ‘‘(1) IN GENERAL.—If a local educational agency 

14 that is otherwise eligible for a grant under this chap15 ter does not establish a committee under section 

16 1264(c)(4) for such grant, an Indian tribe or a con17 sortium of such entities that represents not less than 

1 18 ⁄3 of the eligible Indian children who are served by 

19 such local educational agency may apply for such 

20 grant. 

21 ‘‘(2) SPECIAL RULE.—The Secretary shall treat 

22 each Indian tribe or consortium of such entities ap23 plying for a grant pursuant to paragraph (1) as if 

24 such Indian tribe were a local educational agency for 


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1 purposes of this chapter, except that any such tribe is 

2 not subject to section 1264(c)(4) or section 1269. 

3 ‘‘(3) ELIGIBILITY.—If more than 1 Indian tribe 

4 qualifies to apply for a grant under paragraph (1), 

5 the entity that represents the most eligible Indian 

6 children who are served by the local educational agen7 cy shall be eligible to receive the grant or the tribes 

8 may choose to apply in consortium. 

9 ‘‘SEC. 1263. AMOUNT OF GRANTS. 

10 ‘‘(a) AMOUNT OF GRANT AWARDS.— 

11 ‘‘(1) IN GENERAL.—Except as provided in sub12 section (b) and paragraph (2), the Secretary shall al13 locate to each local educational agency that has an 

14 approved application under this chapter an amount 

15 equal to the product of— 

16 ‘‘(A) the number of Indian children who are 

17 eligible under section 1267 and served by such 

18 agency; and 

19 ‘‘(B) the greater of— 

20 ‘‘(i) the average per pupil expenditure 

21 of the State in which such agency is located; 

22 or 

23 ‘‘(ii) 80 percent of the average per 

24 pupil expenditure of all the States. 


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1 ‘‘(2) REDUCTION.—The Secretary shall reduce 

2 the amount of each allocation otherwise determined 

3 under this section in accordance with subsection (e). 

4 ‘‘(b) MINIMUM GRANT.— 

5 ‘‘(1) IN GENERAL.—Notwithstanding subsection 

6 (e), an entity that is eligible for a grant under section 

7 1262, and a school that is operated or supported by 

8 the Bureau of Indian Education that is eligible for a 

9 grant under subsection (d), that submits an applica10 tion that is approved by the Secretary, shall, subject 

11 to appropriations, receive a grant under this chapter 

12 in an amount that is not less than $3,000. 

13 ‘‘(2) CONSORTIA.—Local educational agencies 

14 may form a consortium with other local educational 

15 agencies or Indian tribes for the purpose of obtaining 

16 grants under this chapter. 

17 ‘‘(3) INCREASE.—The Secretary may increase 

18 the minimum grant under paragraph (1) to not more 

19 than $4,000 for all grantees if the Secretary deter20 mines such an increase is necessary to ensure the 

21 quality of the programs provided. 

22 ‘‘(c) DEFINITION.—For the purpose of this section, the 

23 term ‘average per pupil expenditure’, used with respect to 

24 a State, means an amount equal to— 


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1 ‘‘(1) the sum of the aggregate current expendi2 tures of all the local educational agencies in the State, 

3 plus any direct current expenditures by the State for 

4 the operation of such agencies, without regard to the 

5 sources of funds from which such local or State ex6 penditures were made, during the second fiscal year 

7 preceding the fiscal year for which the computation is 

8 made; divided by 

9 ‘‘(2) the aggregate number of children who were 

10 included in average daily attendance for whom such 

11 agencies provided free public education during such 

12 preceding fiscal year. 

13 ‘‘(d) SCHOOLS OPERATED OR SUPPORTED BY THE BU14 REAU OF INDIAN EDUCATION.— 

15 ‘‘(1) IN GENERAL.—Subject to subsection (e), in 

16 addition to the grants awarded under subsection (a), 

17 the Secretary shall allocate to the Secretary of the In18 terior an amount equal to the product of— 

19 ‘‘(A) the total number of Indian children 

20 enrolled in schools that are operated by— 

21 ‘‘(i) the Bureau of Indian Education; 

22 or 

23 ‘‘(ii) an Indian tribe, or an organiza24 tion controlled or sanctioned by an Indian 

25 tribal government, for the children of that 


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1 tribe under a contract with, or grant from, 

2 the Department of the Interior under the 

3 Indian Self-Determination Act or the Trib4 ally Controlled Schools Act of 1988; and 

5 ‘‘(B) the greater of— 

6 ‘‘(i) the average per pupil expenditure 

7 of the State in which the school is located; 

8 or 

9 ‘‘(ii) 80 percent of the average per 

10 pupil expenditure of all the States. 

11 ‘‘(2) SPECIAL RULE.—Any school described in 

12 paragraph (1)(A) that wishes to receive an allocation 

13 under this chapter shall submit an application in ac14 cordance with section 1264, and shall otherwise be 

15 treated as a local educational agency for the purpose 

16 of this chapter, except that such school shall not be 

17 subject to section 1264(c)(4) or section 1269. 

18 ‘‘(e) RATABLE REDUCTIONS.—If the sums reserved for 

19 any fiscal year under section 1262(a) are insufficient to 

20 pay in full the amounts determined for local educational 

21 agencies under subsection (a)(1) and for the Secretary of 

22 the Interior under subsection (d), each of those amounts 

23 shall be ratably reduced. 


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1 ‘‘SEC. 1264. APPLICATIONS. 

2 ‘‘(a) APPLICATION REQUIRED.—Each local edu3 cational agency that desires to receive a grant under this 

4 chapter shall submit an application to the Secretary at such 

5 time and in such manner as the Secretary may reasonably 

6 require. 

7 ‘‘(b) COMPREHENSIVE PROGRAM REQUIRED.—Each 

8 application submitted under subsection (a) shall include a 

9 description of a comprehensive program for meeting the 

10 needs of Indian children served by the local educational 

11 agency, including the language and cultural needs of the 

12 children, that— 

13 ‘‘(1) describes how the comprehensive program 

14 will offer programs and activities to meet the cul15 turally related academic needs of American Indian 

16 and Alaska Native students; 

17 ‘‘(2)(A) is aligned with and supports the State 

18 and local plans submitted under other provisions of 

19 this Act; and 

20 ‘‘(B) includes academic standards for such chil21 dren that are based on the State academic standards 

22 adopted under subpart 1 for all children; 

23 ‘‘(3) explains how the local educational agency 

24 will use the funds made available under this chapter 

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1 grams, especially programs carried out under subpart 

2 1, to meet the needs of such students; 

3 ‘‘(4) demonstrates how funds made available 

4 under this chapter will be used for activities described 

5 in section 1265; 

6 ‘‘(5) describes the professional development op7 portunities that will be provided, as needed, to ensure 

8 that— 

9 ‘‘(A) teachers, school leaders, and other 

10 school professionals who are new to the Indian 

11 community are prepared to work with Indian 

12 children; and 

13 ‘‘(B) all teachers who will be involved in 

14 programs assisted under this chapter have been 

15 properly trained to carry out such programs; 

16 and 

17 ‘‘(6) describes how the local educational agen18 cy— 

19 ‘‘(A) will periodically assess the progress of 

20 all Indian children enrolled in the schools of the 

21 local educational agency, including Indian chil22 dren who do not participate in programs as23 sisted under this chapter, in meeting the stand24 ards described in paragraph (2); 


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1 ‘‘(B) will provide the results of each assess2 ment referred to in subparagraph (A) to— 

3 ‘‘(i) the committee described in sub4 section (c)(4); and 

5 ‘‘(ii) the community, including Indian 

6 tribes, whose children are served by the local 

7 educational agency; and 

8 ‘‘(C) is responding to findings of any pre9 vious assessments that are similar to the assess10 ments described in subparagraph (A); and 

11 ‘‘(7) describes the processes the local educational 

12 agency used to collaborate with Indian tribes in the 

13 community in the development of the comprehensive 

14 programs. 

15 ‘‘(c) ASSURANCES.—Each application submitted 

16 under subsection (a) shall include assurances that— 

17 ‘‘(1) the local educational agency will use funds 

18 received under this chapter only to supplement the 

19 funds that, in the absence of the Federal funds made 

20 available under this chapter, such agency would make 

21 available for the education of Indian children, and 

22 not to supplant such funds; 

23 ‘‘(2) the local educational agency will prepare 

24 and submit to the Secretary such reports in such form 

25 as the Secretary may require to— 


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1 ‘‘(A) carry out the functions of the Sec2 retary under this chapter; and 

3 ‘‘(B) determine the extent to which activi4 ties carried out with funds provided to the local 

5 educational agency under this chapter are effec6 tive in improving the educational achievement of 

7 Indian students served by such agency; 

8 ‘‘(3) the program for which assistance is 

9 sought— 

10 ‘‘(A) is based on a comprehensive local as11 sessment and prioritization of the unique edu12 cational and culturally related academic needs of 

13 the American Indian and Alaska Native students 

14 for whom the local educational agency is pro15 viding an education; 

16 ‘‘(B) will use the best available talents and 

17 resources, including individuals from the Indian 

18 community; and 

19 ‘‘(C) was developed by such agency in open 

20 consultation with parents of Indian children and 

21 teachers, and, if appropriate, Indian students 

22 from secondary schools, including through public 

23 hearings held by such agency to provide to the 

24 individuals described in this subparagraph a full 

25 opportunity to understand the program and to 


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1 offer recommendations regarding the program; 

2 and 

3 ‘‘(4) the local educational agency developed the 

4 program with the participation and written approval 

5 of a committee— 

6 ‘‘(A) that is composed of, and selected by— 

7 ‘‘(i) parents of Indian children in the 

8 local educational agency’s schools; 

9 ‘‘(ii) teachers in the schools; and 

10 ‘‘(iii) if appropriate, Indian students 

11 attending secondary schools of the agency; 

12 ‘‘(B) a majority of whose members are par13 ents of Indian children; 

14 ‘‘(C) that has set forth such policies and 

15 procedures, including policies and procedures re16 lating to the hiring of personnel, as will ensure 

17 that the program for which assistance is sought 

18 will be operated and evaluated in consultation 

19 with, and with the involvement of, parents of the 

20 children, and representatives of the area, to be 

21 served; 

22 ‘‘(D) with respect to an application describ23 ing a schoolwide program in accordance with 

24 section 1265(c), that has— 


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1 ‘‘(i) reviewed in a timely fashion the 

2 program; and 

3 ‘‘(ii) determined that the program will 

4 not diminish the availability of culturally 

5 related activities for American Indian and 

6 Alaska Native students; and 

7 ‘‘(E) that has adopted reasonable bylaws for 

8 the conduct of the activities of the committee and 

9 abides by such bylaws. 

10 ‘‘SEC. 1265. AUTHORIZED SERVICES AND ACTIVITIES. 

11 ‘‘(a) GENERAL REQUIREMENTS.—Each local edu12 cational agency that receives a grant under this chapter 

13 shall use the grant funds, in a manner consistent with the 

14 purpose specified in section 1261, for services and activities 

15 that— 

16 ‘‘(1) are designed to carry out the comprehensive 

17 program of the local educational agency for Indian 

18 students, and described in the application of the local 

19 educational agency submitted to the Secretary under 

20 section 1264(a); 

21 ‘‘(2) are designed with special regard for the lan22 guage and cultural needs of the Indian students; and 

23 ‘‘(3) supplement and enrich the regular school 

24 program of such agency. 


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1 ‘‘(b) PARTICULAR ACTIVITIES.—The services and ac2 tivities referred to in subsection (a) may include— 

3 ‘‘(1) culturally related activities that support the 

4 program described in the application submitted by 

5 the local educational agency; 

6 ‘‘(2) early childhood and family programs that 

7 emphasize school readiness; 

8 ‘‘(3) enrichment programs that focus on problem 

9 solving and cognitive skills development and directly 

10 support the attainment of State academic standards; 

11 ‘‘(4) integrated educational services in combina12 tion with other programs that meet the needs of In13 dian children and their families; 

14 ‘‘(5) programs that help engage parents and 

15 tribes to meet the unique educational needs of Indian 

16 children; 

17 ‘‘(6) career preparation activities to enable In18 dian students to participate in programs such as the 

19 programs supported by the Carl D. Perkins Career 

20 and Technical Education Act of 2006; 

21 ‘‘(7) activities to educate individuals concerning 

22 the prevention of substance abuse, violence, and sui23 cide; 


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1 ‘‘(8) the acquisition of equipment, but only if the 

2 acquisition of the equipment is essential to achieve the 

3 purpose described in section 1261; 

4 ‘‘(9) activities that promote the incorporation of 

5 culturally responsive teaching and learning strategies 

6 into the educational program of the local educational 

7 agency; 

8 ‘‘(10) activities that incorporate American In9 dian and Alaska Native specific curriculum content, 

10 consistent with State academic standards into the 

11 curriculum used by the local educational agency; 

12 ‘‘(11) family literacy services; and 

13 ‘‘(12) activities that recognize and support the 

14 unique cultural and educational needs of Indian chil15 dren, and incorporate appropriately qualified tribal 

16 elders and seniors. 

17 ‘‘(c) SCHOOLWIDE PROGRAMS.—Notwithstanding any 

18 other provision of law, a local educational agency may use 

19 funds made available to such agency under this chapter to 

20 support a schoolwide program under section 1114 if— 

21 ‘‘(1) the committee established pursuant to sec22 tion 1264(c)(4) approves the use of the funds for the 

23 schoolwide program; and 

24 ‘‘(2) the schoolwide program is consistent with 

25 the purpose described in section 1261. 


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1 ‘‘(d) LIMITATION ON ADMINISTRATIVE COSTS.—Not 

2 more than 5 percent of the funds provided to a grantee 

3 under this chapter for any fiscal year may be used for ad4 ministrative purposes. 

5 ‘‘(e) LIMITATION ON USE OF FUNDS.—Funds provided 

6 to a grantee under this chapter may not be used for long7 distance travel expenses for training activities available lo8 cally or regionally. 

9 ‘‘SEC. 1266. INTEGRATION OF SERVICES AUTHORIZED. 

10 ‘‘(a) PLAN.—An entity receiving funds under this 

11 chapter may submit a plan to the Secretary for the integra12 tion of education and related services provided to Indian 

13 students. 

14 ‘‘(b) CONSOLIDATION OF PROGRAMS.—Upon the re15 ceipt of an acceptable plan under subsection (a), the Sec16 retary, in cooperation with each Federal agency providing 

17 grants for the provision of education and related services 

18 to the entity, shall authorize the entity to consolidate, in 

19 accordance with such plan, the federally funded education 

20 and related services programs of the entity and the Federal 

21 programs, or portions of the programs, serving Indian stu22 dents in a manner that integrates the program services in23 volved into a single, coordinated, comprehensive program 

24 and reduces administrative costs by consolidating adminis25 trative functions. 


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1 ‘‘(c) PROGRAMS AFFECTED.—The funds that may be 

2 consolidated in a demonstration project under any such 

3 plan referred to in subsection (a) shall include funds for 

4 any Federal program exclusively serving Indian children, 

5 or the funds reserved under any Federal program to exclu6 sively serve Indian children, under which the entity is eligi7 ble for receipt of funds under a statutory or administrative 

8 formula for the purposes of providing education and related 

9 services that would be used to serve Indian students. 

10 ‘‘(d) PLAN REQUIREMENTS.—For a plan to be accept11 able pursuant to subsection (b), the plan shall— 

12 ‘‘(1) identify the programs or funding sources to 

13 be consolidated; 

14 ‘‘(2) be consistent with the objectives of this sec15 tion concerning authorizing the services to be inte16 grated in a demonstration project; 

17 ‘‘(3) describe a comprehensive strategy that iden18 tifies the full range of potential educational opportu19 nities and related services to be provided to assist In20 dian students to achieve the objectives set forth in this 

21 chapter; 

22 ‘‘(4) describe the way in which services are to be 

23 integrated and delivered and the results expected from 

24 the plan; 


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1 ‘‘(5) identify the projected expenditures under 

2 the plan in a single budget; 

3 ‘‘(6) identify the State, tribal, or local agency or 

4 agencies to be involved in the delivery of the services 

5 integrated under the plan; 

6 ‘‘(7) identify any statutory provisions, regula7 tions, policies, or procedures that the entity believes 

8 need to be waived in order to implement the plan; 

9 ‘‘(8) set forth measures for student academic 

10 achievement consistent with State academic standards 

11 under section 1111(b)(1); and 

12 ‘‘(9) be approved by a committee formed in ac13 cordance with section 1264(c)(4), if such a committee 

14 exists. 

15 ‘‘(e) PLAN REVIEW.—Upon receipt of the plan from 

16 an eligible entity, the Secretary shall consult with the Sec17 retary of each Federal department providing funds to be 

18 used to implement the plan, and with the entity submitting 

19 the plan. The parties so consulting shall identify any waiv20 ers of statutory requirements or of Federal departmental 

21 regulations, policies, or procedures necessary to enable the 

22 entity to implement the plan. Notwithstanding any other 

23 provision of law, the Secretary of the affected department 

24 shall have the authority to waive any regulation, policy, 

25 or procedure promulgated by that department that has been 


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1 so identified by the entity or department, unless the Sec2 retary of the affected department determines that such a 

3 waiver is inconsistent with the objectives of this chapter or 

4 those provisions of the statute from which the program in5 volved derives authority that are specifically applicable to 

6 Indian students. 

7 ‘‘(f) PLAN APPROVAL.—Within 90 days after the re8 ceipt of an entity’s plan by the Secretary, the Secretary 

9 shall inform the entity, in writing, of the Secretary’s ap10 proval or disapproval of the plan. If the plan is dis11 approved, the entity shall be informed, in writing, of the 

12 reasons for the disapproval and shall be given an oppor13 tunity to amend the plan or to petition the Secretary to 

14 reconsider such disapproval. 

15 ‘‘(g) RESPONSIBILITIES OF DEPARTMENT OF EDU16 CATION.—The Secretary of Education, the Secretary of the 

17 Interior, and the head of any other Federal department or 

18 agency identified by the Secretary of Education, shall enter 

19 into an interdepartmental memorandum of agreement pro20 viding for the implementation and coordination of the dem21 onstration projects authorized under this section. The lead 

22 agency head for a demonstration project under this section 

23 shall be— 

24 ‘‘(1) the Secretary of the Interior, in the case of 

25 an entity meeting the definition of a contract or 


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1 grant school under title XI of the Education Amend2 ments of 1978; or 

3 ‘‘(2) the Secretary of Education, in the case of 

4 any other entity. 

5 ‘‘(h) RESPONSIBILITIES OF LEAD AGENCY.—The re6 sponsibilities of the lead agency shall include— 

7 ‘‘(1) the use of a single report format related to 

8 the plan for the individual project, which shall be 

9 used by an eligible entity to report on the activities 

10 undertaken under the project; 

11 ‘‘(2) the use of a single report format related to 

12 the projected expenditures for the individual project 

13 which shall be used by an eligible entity to report on 

14 all project expenditures; 

15 ‘‘(3) the development of a single system of Fed16 eral oversight for the project, which shall be imple17 mented by the lead agency; and 

18 ‘‘(4) the provision of technical assistance to an 

19 eligible entity appropriate to the project, except that 

20 an eligible entity shall have the authority to accept or 

21 reject the plan for providing such technical assistance 

22 and the technical assistance provider. 

23 ‘‘(i) REPORT REQUIREMENTS.—A single report format 

24 shall be developed by the Secretary, consistent with the re25 quirements of this section. Such report format shall require 


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1 that reports described in subsection (h), together with 

2 records maintained on the consolidated program at the local 

3 level, shall contain such information as will allow a deter4 mination that the eligible entity has complied with the re5 quirements incorporated in its approved plan, including 

6 making a demonstration of student academic achievement, 

7 and will provide assurances to each Secretary that the eligi8 ble entity has complied with all directly applicable statu9 tory requirements and with those directly applicable regu10 latory requirements that have not been waived. 

11 ‘‘(j) NO REDUCTION IN AMOUNTS.—In no case shall 

12 the amount of Federal funds available to an eligible entity 

13 involved in any demonstration project be reduced as a re14 sult of the enactment of this section. 

15 ‘‘(k) INTERAGENCY FUND TRANSFERS AUTHORIZED.— 

16 The Secretary is authorized to take such action as may be 

17 necessary to provide for an interagency transfer of funds 

18 otherwise available to an eligible entity in order to further 

19 the objectives of this section. 

20 ‘‘(l) ADMINISTRATION OF FUNDS.— 

21 ‘‘(1) IN GENERAL.—Program funds for the con22 solidated programs shall be administered in such a 

23 manner as to allow for a determination that funds 

24 from a specific program are spent on allowable activi25 ties authorized under such program, except that the 


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1 eligible entity shall determine the proportion of the 

2 funds granted that shall be allocated to such program. 

3 ‘‘(2) SEPARATE RECORDS NOT REQUIRED.— 

4 Nothing in this section shall be construed as requiring 

5 the eligible entity to maintain separate records trac6 ing any services or activities conducted under the ap7 proved plan to the individual programs under which 

8 funds were authorized for the services or activities, 

9 nor shall the eligible entity be required to allocate ex10 penditures among such individual programs. 

11 ‘‘(m) OVERAGE.—The eligible entity may commingle 

12 all administrative funds from the consolidated programs 

13 and shall be entitled to the full amount of such funds (under 

14 each program’s or agency’s regulations). The overage (de15 fined as the difference between the amount of the commin16 gled funds and the actual administrative cost of the pro17 grams) shall be considered to be properly spent for Federal 

18 audit purposes, if the overage is used for the purposes pro19 vided for under this section. 

20 ‘‘(n) FISCAL ACCOUNTABILITY.—Nothing in this part 

21 shall be construed so as to interfere with the ability of the 

22 Secretary or the lead agency to fulfill the responsibilities 

23 for the safeguarding of Federal funds pursuant to chapter 

24 75 of title 31, United States Code. 


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1 ‘‘(o) REPORT ON STATUTORY OBSTACLES TO PROGRAM

2 INTEGRATION.— 

3 ‘‘(1) IN GENERAL.—The Secretary of Education 

4 shall annually submit a report to the Committee on 

5 Health, Education, Labor, and Pensions and the 

6 Committee on Indian Affairs of the Senate, and the 

7 Committee on Education and the Workforce and the 

8 Committee on Natural Resources of the House of Rep9 resentatives on the status of the implementation of the 

10 demonstration projects authorized under this section. 

11 ‘‘(2) CONTENTS.—Such report shall identify— 

12 ‘‘(A) statutory barriers to the ability of par13 ticipants to more effectively integrate their edu14 cation and related services to Indian students in 

15 a manner consistent with the objectives of this 

16 section; and 

17 ‘‘(B) the effective practices for program in18 tegration that result in increased student 

19 achievement and other relevant outcomes for In20 dian students. 

21 ‘‘(p) DEFINITIONS.—For the purposes of this section, 

22 the term ‘Secretary’ means— 

23 ‘‘(1) the Secretary of the Interior, in the case of 

24 an entity meeting the definition of a contract or 


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1 grant school under title XI of the Education Amend2 ments of 1978; or 

3 ‘‘(2) the Secretary of Education, in the case of 

4 any other entity. 

5 ‘‘SEC. 1267. STUDENT ELIGIBILITY FORMS. 

6 ‘‘(a) IN GENERAL.—The Secretary shall require that, 

7 as part of an application for a grant under this chapter, 

8 each applicant shall maintain a file, with respect to each 

9 Indian child for whom the local educational agency pro10 vides a free public education, that contains a form that sets 

11 forth information establishing the status of the child as an 

12 Indian child eligible for assistance under this chapter, and 

13 that otherwise meets the requirements of subsection (b). 

14 ‘‘(b) FORMS.—The form described in subsection (a) 

15 shall include— 

16 ‘‘(1) either— 

17 ‘‘(A)(i) the name of the tribe or band of In18 dians (as defined in section 1291) with respect 

19 to which the child claims membership; 

20 ‘‘(ii) the enrollment number establishing the 

21 membership of the child (if readily available); 

22 and 

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1 bership data for such tribe or band of Indians; 

2 or 

3 ‘‘(B) the name, the enrollment number (if 

4 readily available), and the name and address of 

5 the organization responsible for maintaining up6 dated and accurate membership data, of any 

7 parent or grandparent of the child from whom 

8 the child claims eligibility under this chapter, if 

9 the child is not a member of the tribe or band 

10 of Indians (as so defined); 

11 ‘‘(2) a statement of whether the tribe or band of 

12 Indians (as so defined), with respect to which the 

13 child, or parent or grandparent of the child, claims 

14 membership, is federally recognized; 

15 ‘‘(3) the name and address of the parent or legal 

16 guardian of the child; and 

17 ‘‘(4) a signature of the parent or legal guardian 

18 of the child that verifies the accuracy of the informa19 tion supplied. 

20 ‘‘(c) STATUTORY CONSTRUCTION.—Nothing in this sec21 tion shall be construed to affect a definition contained in 

22 section 1291. 

23 ‘‘(d) FORMS AND STANDARDS OF PROOF.—The forms 

24 and the standards of proof (including the standard of good 

25 faith compliance) that were in use during the 1985–1986 


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1 academic year to establish the eligibility of a child for enti2 tlement under the Indian Elementary and Secondary 

3 School Assistance Act shall be the forms and standards of 

4 proof used— 

5 ‘‘(1) to establish eligibility under this chapter; 

6 and 

7 ‘‘(2) to meet the requirements of subsection (a). 

8 ‘‘(e) DOCUMENTATION.—For purposes of determining 

9 whether a child is eligible to be counted for the purpose of 

10 computing the amount of a grant award under section 

11 1263, the membership of the child, or any parent or grand12 parent of the child, in a tribe or band of Indians (as so 

13 defined) may be established by proof other than an enroll14 ment number, notwithstanding the availability of an enroll15 ment number for a member of such tribe or band. Nothing 

16 in subsection (b) shall be construed to require the furnishing 

17 of an enrollment number. 

18 ‘‘(f) MONITORING AND EVALUATION REVIEW.— 

19 ‘‘(1) IN GENERAL.— 

20 ‘‘(A) REVIEW.—For each fiscal year, in 

21 order to provide such information as is necessary 

22 to carry out the responsibility of the Secretary to 

23 provide technical assistance under this chapter, 

24 the Secretary shall conduct a monitoring and 

25 evaluation review of a sampling of the recipients 


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1 of grants under this chapter. The sampling con2 ducted under this subparagraph shall take into 

3 account the size of and the geographic location of 

4 each local educational agency. 

5 ‘‘(B) EXCEPTION.—A local educational 

6 agency may not be held liable to the United 

7 States or be subject to any penalty, by reason of 

8 the findings of an audit that relates to the date 

9 of completion, or the date of submission, of any 

10 forms used to establish, before April 28, 1988, the 

11 eligibility of a child for an entitlement under the 

12 Indian Elementary and Secondary School As13 sistance Act. 

14 ‘‘(2) FALSE INFORMATION.—Any local edu15 cational agency that provides false information in an 

16 application for a grant under this chapter shall— 

17 ‘‘(A) be ineligible to apply for any other 

18 grant under this chapter; and 

19 ‘‘(B) be liable to the United States for any 

20 funds from the grant that have not been ex21 pended. 

22 ‘‘(3) EXCLUDED CHILDREN.—A student who pro23 vides false information for the form required under 

24 subsection (a) shall not be counted for the purpose of 

25 computing the amount of a grant under section 1263. 


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1 ‘‘(g) TRIBAL GRANT AND CONTRACT SCHOOLS.—Not2 withstanding any other provision of this section, in calcu3 lating the amount of a grant under this chapter to a tribal 

4 school that receives a grant or contract from the Bureau 

5 of Indian Education, the Secretary shall use only one of 

6 the following, as selected by the school: 

7 ‘‘(1) A count of the number of students in the 

8 schools certified by the Bureau. 

9 ‘‘(2) A count of the number of students for whom 

10 the school has eligibility forms that comply with this 

11 section. 

12 ‘‘(h) TIMING OF CHILD COUNTS.—For purposes of de13 termining the number of children to be counted in calcu14 lating the amount of a local educational agency’s grant 

15 under this chapter (other than in the case described in sub16 section (g)(1)), the local educational agency shall— 

17 ‘‘(1) establish a date on, or a period not longer 

18 than 31 consecutive days during, which the agency 

19 counts those children, if that date or period occurs be20 fore the deadline established by the Secretary for sub21 mitting an application under section 1264; and 

22 ‘‘(2) determine that each such child was enrolled, 

23 and receiving a free public education, in a school of 

24 the agency on that date or during that period, as the 

25 case may be. 


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1 ‘‘SEC. 1268. PAYMENTS. 

2 ‘‘(a) IN GENERAL.—Subject to subsections (b) and (c), 

3 the Secretary shall pay to each local educational agency 

4 that submits an application that is approved by the Sec5 retary under this chapter the amount determined under sec6 tion 1263. The Secretary shall notify the local educational 

7 agency of the amount of the payment not later than June 

8 1 of the year for which the Secretary makes the payment. 

9 ‘‘(b) PAYMENTS TAKEN INTO ACCOUNT BY THE

10 STATE.—The Secretary may not make a grant under this 

11 chapter to a local educational agency for a fiscal year if, 

12 for such fiscal year, the State in which the local educational 

13 agency is located takes into consideration payments made 

14 under this chapter in determining the eligibility of the local 

15 educational agency for State aid, or the amount of the State 

16 aid, with respect to the free public education of children 

17 during such fiscal year or the preceding fiscal year. 

18 ‘‘(c) REALLOCATIONS.—The Secretary may reallocate, 

19 in a manner that the Secretary determines will best carry 

20 out the purpose of this chapter, any amounts that— 

21 ‘‘(1) based on estimates made by local edu22 cational agencies or other information, the Secretary 

23 determines will not be needed by such agencies to 

24 carry out approved programs under this chapter; or 

25 ‘‘(2) otherwise become available for reallocation 

26 under this chapter. 


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1 ‘‘SEC. 1269. STATE EDUCATIONAL AGENCY REVIEW. 

2 ‘‘Before submitting an application to the Secretary 

3 under section 1264, a local educational agency shall submit 

4 the application to the State educational agency, which may 

5 comment on such application. If the State educational 

6 agency comments on the application, the agency shall com7 ment on all applications submitted by local educational 

8 agencies in the State and shall provide those comments to 

9 the respective local educational agencies, with an oppor10 tunity to respond. 

11 ‘‘CHAPTER B—SPECIAL PROGRAMS AND 

12 PROJECTS TO IMPROVE EDUCATIONAL 

13 OPPORTUNITIES FOR INDIAN CHIL14 DREN 

15 ‘‘SEC. 1271. IMPROVEMENT OF EDUCATIONAL OPPORTUNI16 TIES FOR INDIAN CHILDREN. 

17 ‘‘(a) PURPOSE.— 

18 ‘‘(1) IN GENERAL.—It is the purpose of this sec19 tion to support projects to develop, test, and dem20 onstrate the effectiveness of services and programs to 

21 improve educational opportunities and achievement of 

22 Indian children. 

23 ‘‘(2) COORDINATION.—The Secretary shall take 

24 the necessary actions to achieve the coordination of 

25 activities assisted under this chapter with— 


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1 ‘‘(A) other programs funded under this Act; 

2 and 

3 ‘‘(B) other Federal programs operated for 

4 the benefit of American Indian and Alaska Na5 tive children. 

6 ‘‘(b) ELIGIBLE ENTITIES.—In this section, the term 

7 ‘eligible entity’ means a State educational agency, local 

8 educational agency, Indian tribe, Indian organization, fed9 erally supported elementary school or secondary school for 

10 Indian students, Indian institution (including an Indian 

11 institution of higher education), or a consortium of such 

12 entities. 

13 ‘‘(c) GRANTS AUTHORIZED.— 

14 ‘‘(1) IN GENERAL.—From amounts appropriated 

15 under section 3(a)(1), the Secretary shall reserve 0.2 

16 of one percent to award grants to eligible entities to 

17 enable such entities to carry out activities under this 

18 section and section 1272. 

19 ‘‘(2) USES OF FUNDS.—An eligible entity that 

20 receives a grant under this section shall use the funds 

21 for one or more activities, including— 

22 ‘‘(A) innovative programs related to the 

23 educational needs of educationally disadvantaged 

24 children; 


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1 ‘‘(B) educational services that are not avail2 able to such children in sufficient quantity or 

3 quality, including remedial instruction, to raise 

4 the achievement of Indian children in one or 

5 more of the core academic subjects of English, 

6 mathematics, science, foreign languages, art, his7 tory, and geography; 

8 ‘‘(C) bilingual and bicultural programs and 

9 projects; 

10 ‘‘(D) special health and nutrition services, 

11 and other related activities, that address the spe12 cial health, social, and psychological problems of 

13 Indian children; 

14 ‘‘(E) special compensatory and other pro15 grams and projects designed to assist and en16 courage Indian children to enter, remain in, or 

17 reenter school, and to increase the rate of high 

18 school graduation for Indian children; 

19 ‘‘(F) comprehensive guidance, counseling, 

20 and testing services; 

21 ‘‘(G) early childhood and kindergarten pro22 grams, including family-based preschool pro23 grams that emphasize school readiness and pa24 rental skills, and the provision of services to In25 dian children with disabilities; 


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1 ‘‘(H) partnership projects between local edu2 cational agencies and institutions of higher edu3 cation that allow secondary school students to 

4 enroll in courses at the postsecondary level to aid 

5 such students in the transition from secondary to 

6 postsecondary education; 

7 ‘‘(I) partnership projects between schools 

8 and local businesses for career preparation pro9 grams designed to provide Indian youth with the 

10 knowledge and skills such youth need to make an 

11 effective transition from school to a high-skill, 

12 high-wage career; 

13 ‘‘(J) programs designed to encourage and 

14 assist Indian students to work toward, and gain 

15 entrance into, an institution of higher education; 

16 ‘‘(K) family literacy services; 

17 ‘‘(L) activities that recognize and support 

18 the unique cultural and educational needs of In19 dian children, and incorporate appropriately 

20 qualified tribal elders and seniors; or 

21 ‘‘(M) other services that meet the purpose 

22 described in this section. 

23 ‘‘(3) PROFESSIONAL DEVELOPMENT.—Evidence 

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1 sionals and paraprofessionals may be a part of any 

2 program assisted under this section. 

3 ‘‘(d) GRANT REQUIREMENTS AND APPLICATIONS.— 

4 ‘‘(1) GRANT REQUIREMENTS.— 

5 ‘‘(A) IN GENERAL.—The Secretary may 

6 make multiyear grants under subsection (c) for 

7 the planning, development, pilot operation, or 

8 demonstration of any activity described in sub9 section (c) for a period not to exceed 5 years. 

10 ‘‘(B) PRIORITY.—In making multiyear 

11 grants described in this paragraph, the Secretary 

12 shall give priority to entities submitting applica13 tions that present a plan for combining two or 

14 more of the activities described in subsection (c) 

15 over a period of more than 1 year. 

16 ‘‘(C) PROGRESS.—The Secretary shall make 

17 a grant payment for a grant described in this 

18 paragraph to an eligible entity after the initial 

19 year of the multiyear grant only if the Secretary 

20 determines that the eligible entity has made sub21 stantial progress in carrying out the activities 

22 assisted under the grant in accordance with the 

23 application submitted under paragraph (3) and 

24 any subsequent modifications to such applica25 tion. 


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1 ‘‘(2) DISSEMINATION GRANTS.— 

2 ‘‘(A) IN GENERAL.—In addition to award3 ing the multiyear grants described in paragraph 

4 (1), the Secretary may award grants under sub5 section (c) to eligible entities for the dissemina6 tion of exemplary materials or programs assisted 

7 under this section. 

8 ‘‘(B) DETERMINATION.—The Secretary may 

9 award a dissemination grant described in this 

10 paragraph if, prior to awarding the grant, the 

11 Secretary determines that the material or pro12 gram to be disseminated— 

13 ‘‘(i) has been adequately reviewed; 

14 ‘‘(ii) has demonstrated educational 

15 merit; and 

16 ‘‘(iii) can be replicated. 

17 ‘‘(3) APPLICATION.— 

18 ‘‘(A) IN GENERAL.—Any eligible entity that 

19 desires to receive a grant under this section shall 

20 submit an application to the Secretary at such 

21 time and in such manner as the Secretary may 

22 reasonably require. 

23 ‘‘(B) CONTENTS.—Each application sub24 mitted to the Secretary under subparagraph (A), 


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1 other than an application for a dissemination 

2 grant under paragraph (2), shall contain— 

3 ‘‘(i) a description of how parents of In4 dian children and representatives of Indian 

5 tribes have been, and will be, involved in 

6 developing and implementing the activities 

7 for which assistance is sought; 

8 ‘‘(ii) assurances that the applicant will 

9 participate, at the request of the Secretary, 

10 in any national evaluation of activities as11 sisted under this section; 

12 ‘‘(iii) information demonstrating that 

13 the proposed program for the activities is 

14 an evidence-based program, which may in15 clude a program that has been modified to 

16 be culturally appropriate for students who 

17 will be served; and 

18 ‘‘(iv) a description of how the appli19 cant will incorporate the proposed activities 

20 into the ongoing school program involved 

21 once the grant period is over. 

22 ‘‘(e) ADMINISTRATIVE COSTS.—Not more than 5 per23 cent of the funds provided to a grantee under this chapter 

24 for any fiscal year may be used for administrative pur25 poses. 


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1 ‘‘SEC. 1272. PROFESSIONAL DEVELOPMENT FOR TEACHERS 

2 AND EDUCATION PROFESSIONALS. 

3 ‘‘(a) PURPOSES.—The purposes of this section are— 

4 ‘‘(1) to increase the number of qualified Indian 

5 teachers, school leaders, or other education profes6 sionals serving Indian students, including through re7 cruitment strategies; 

8 ‘‘(2) to provide training to qualified Indian in9 dividuals to enable such individuals to become effec10 tive teachers, school leaders, administrators, teacher 

11 aides, social workers, and ancillary educational per12 sonnel; and 

13 ‘‘(3) to improve the skills of qualified Indian in14 dividuals who serve in the capacities described in 

15 paragraph (2). 

16 ‘‘(b) ELIGIBLE ENTITIES.—For the purpose of this sec17 tion, the term ‘eligible entity’ means— 

18 ‘‘(1) an institution of higher education, includ19 ing an Indian institution of higher education; 

20 ‘‘(2) a State educational agency or local edu21 cational agency, in consortium with an institution of 

22 higher education; 

23 ‘‘(3) an Indian tribe or organization, in consor24 tium with an institution of higher education; and 

25 ‘‘(4) a Bureau-funded school (as defined in sec26 tion 1146 of the Education Amendments of 1978). 


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1 ‘‘(c) PROGRAM AUTHORIZED.—The Secretary is au2 thorized to award grants from funds reserved under section 

3 1271(c)(1) to eligible entities having applications approved 

4 under this section to enable those entities to carry out the 

5 activities described in subsection (d). 

6 ‘‘(d) AUTHORIZED ACTIVITIES.— 

7 ‘‘(1) IN GENERAL.—Grant funds under this sec8 tion shall be used for activities to provide support 

9 and training for Indian individuals in a manner 

10 consistent with the purposes of this section. 

11 ‘‘(2) SPECIAL RULES.— 

12 ‘‘(A) TYPE OF TRAINING.—For education 

13 personnel, the training received pursuant to a 

14 grant under this section may be inservice or 

15 preservice training. 

16 ‘‘(B) PROGRAM.—For individuals who are 

17 being trained to enter any education-related field 

18 other than teaching, the training received pursu19 ant to a grant under this section shall be in a 

20 program that results in a graduate degree. 

21 ‘‘(e) APPLICATION.—Each eligible entity desiring a 

22 grant under this section shall submit an application to the 

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

24 may reasonable require. An application shall include how 

25 the eligible entity will— 


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1 ‘‘(1) recruit qualified Indian individuals, such 

2 as students who may not be of traditional college age, 

3 to become teachers or school leaders; 

4 ‘‘(2) use funds made available under the grant to 

5 support the recruitment, preparation, and profes6 sional development of Indian teachers or school lead7 ers in local educational agencies that serve a high 

8 proportion of Indian students; and 

9 ‘‘(3) assist participants in meeting the require10 ments under subsection (h). 

11 ‘‘(f) SPECIAL RULE.—In awarding grants under this 

12 section, the Secretary— 

13 ‘‘(1) shall consider the prior performance of the 

14 eligible entity; and 

15 ‘‘(2) may not limit eligibility to receive a grant 

16 under this section on the basis of— 

17 ‘‘(A) the number of previous grants the Sec18 retary has awarded such entity; or 

19 ‘‘(B) the length of any period during which 

20 such entity received such grants. 

21 ‘‘(g) GRANT PERIOD.—Each grant under this section 

22 shall be awarded for an initial period of not more than 

23 three years, and may be renewed for not more than an addi24 tional two years if the Secretary finds that the grantee is 

25 meeting the grant objectives. 


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1 ‘‘(h) SERVICE OBLIGATION.— 

2 ‘‘(1) IN GENERAL.—The Secretary shall require, 

3 by regulation, that an individual who receives train4 ing pursuant to a grant made under this section— 

5 ‘‘(A) perform work— 

6 ‘‘(i) related to the training received 

7 under this section; and 

8 ‘‘(ii) that benefits Indian people; or 

9 ‘‘(B) repay all or a prorated part of the as10 sistance received. 

11 ‘‘(2) REPORTING.—The Secretary shall establish, 

12 by regulation, a reporting procedure under which a 

13 grant recipient under this section shall, not later than 

14 12 months after the date of completion of the train15 ing, and periodically thereafter, provide information 

16 concerning compliance with the work requirement 

17 under paragraph (1). 

18 ‘‘CHAPTER C—FEDERAL ADMINISTRATION 

19 ‘‘SEC. 1281. NATIONAL ADVISORY COUNCIL ON INDIAN EDU20 CATION. 

21 ‘‘(a) MEMBERSHIP.—There is established a National 

22 Advisory Council on Indian Education (hereafter in this 

23 section referred to as the ‘Council’), which shall— 

24 ‘‘(1) consist of 15 Indian members, who shall be 

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1 nished, from time to time, by Indian tribes and orga2 nizations; and 

3 ‘‘(2) represent different geographic areas of the 

4 United States. 

5 ‘‘(b) DUTIES.—The Council shall— 

6 ‘‘(1) advise the Secretary concerning the funding 

7 and administration (including the development of 

8 regulations and administrative policies and practices) 

9 of any program, including any program established 

10 under this subpart— 

11 ‘‘(A) with respect to which the Secretary has 

12 jurisdiction; and 

13 ‘‘(B)(i) that includes Indian children or 

14 adults as participants; or 

15 ‘‘(ii) that may benefit Indian children 

16 or adults; 

17 ‘‘(2) make recommendations to the Secretary for 

18 filling the position of Director of Indian Education 

19 whenever a vacancy occurs; and 

20 ‘‘(3) submit to Congress, not later than June 30 

21 of each year, a report on the activities of the Council, 

22 including— 

23 ‘‘(A) any recommendations that the Council 

24 considers appropriate for the improvement of 

25 Federal education programs that include Indian 


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1 children or adults as participants, or that may 

2 benefit Indian children or adults; and 

3 ‘‘(B) recommendations concerning the fund4 ing of any program described in subparagraph 

5 (A). 

6 ‘‘SEC. 1282. PEER REVIEW. 

7 ‘‘The Secretary may use a peer review process to re8 view applications submitted to the Secretary under chapter 

9 B. 

10 ‘‘SEC. 1283. PREFERENCE FOR INDIAN APPLICANTS. 

11 ‘‘In making grants and entering into contracts or co12 operative agreements under chapter B, the Secretary shall 

13 give a preference to Indian tribes, organizations, and insti14 tutions of higher education under any program with respect 

15 to which Indian tribes, organizations, and institutions are 

16 eligible to apply for grants, contracts, or cooperative agree17 ments. 

18 ‘‘SEC. 1284. MINIMUM GRANT CRITERIA. 

19 ‘‘The Secretary may not approve an application for 

20 a grant, contract, or cooperative agreement under chapter 

21 B unless the application is for a grant, contract, or coopera22 tive agreement that is— 

23 ‘‘(1) of sufficient size, scope, and quality to 

24 achieve the purpose or objectives of such grant, con25 tract, or cooperative agreement; and 


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1 ‘‘(2) based on relevant research findings. 

2 ‘‘CHAPTER D—DEFINITIONS 

3 ‘‘SEC. 1291. DEFINITIONS. 

4 ‘‘For the purposes of this subpart: 

5 ‘‘(1) ADULT.—The term ‘adult’ means an indi6 vidual who— 

7 ‘‘(A) has attained the age of 16 years; or 

8 ‘‘(B) has attained an age that is greater 

9 than the age of compulsory school attendance 

10 under an applicable State law. 

11 ‘‘(2) ALASKA NATIVE.—The term ‘Alaska Native’ 

12 has the same meaning as the term ‘Native’ has in sec13 tion 3(b) of the Alaska Native Claims Settlement Act. 

14 ‘‘(3) FREE PUBLIC EDUCATION.—The term ‘free 

15 public education’ means education that is— 

16 ‘‘(A) provided at public expense, under pub17 lic supervision and direction, and without tui18 tion charge; and 

19 ‘‘(B) provided as elementary or secondary 

20 education in the applicable State or to preschool 

21 children. 

22 ‘‘(4) INDIAN.—The term ‘Indian’ means an indi23 vidual who is— 


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1 ‘‘(A) a member of an Indian tribe or band, 

2 as membership is defined by the tribe or band, 

3 including— 

4 ‘‘(i) any tribe or band terminated since 

5 1940; and 

6 ‘‘(ii) any tribe or band recognized by 

7 the State in which the tribe or band resides; 

8 ‘‘(B) a descendant, in the first or second de9 gree, of an individual described in subparagraph 

10 (A); 

11 ‘‘(C) considered by the Secretary of the Inte12 rior to be an Indian for any purpose; 

13 ‘‘(D) an Eskimo, Aleut, or other Alaska Na14 tive; or 

15 ‘‘(E) a member of an organized Indian 

16 group that received a grant under the Indian 

17 Education Act of 1988 as in effect the day pre18 ceding the date of enactment of the Improving 

19 America’s Schools Act of 1994.’’. 

20 (b) STRIKE.—The Act is amended by striking title VII 

21 (20 U.S.C. 7401 et seq.). 

22 Subtitle D—National Assessment 

23 SEC. 141. NATIONAL ASSESSMENT OF TITLE I. 

24 (a) IN GENERAL.—Part E of title I (20 U.S.C. 6491 

25 et seq.) is redesignated as part B of title I. 


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1 (b) REPEALS.—Sections 1502 and 1504 (20 U.S.C. 

2 6492; 6494) are repealed. 

3 (c) REDESIGNATIONS.—Sections 1501 and 1503 (20 

4 U.S.C. 6491; 6493) are redesignated as sections 1301 and 

5 1302, respectively. 

6 (d) AMENDMENTS TO SECTION 1301.—Section 1301 

7 (20 U.S.C. 6491), as so redesignated, is amended— 

8 (1) in subsection (a)— 

9 (A) in paragraph (1), by inserting ‘‘, acting 

10 through the Director of the Institute of Edu11 cation Sciences (in this section and section 1302 

12 referred to as the ‘Director’),’’ after ‘‘The Sec13 retary’’; 

14 (B) in paragraph (2)— 

15 (i) by striking ‘‘Secretary’’ and insert16 ing ‘‘Director’’; 

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

18 ‘‘reaching the proficient level’’ and all that 

19 follows and inserting ‘‘graduating high 

20 school prepared for postsecondary education 

21 or the workforce.’’; 

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

23 ‘‘reach the proficient’’ and all that follows 

24 and inserting ‘‘meet State academic stand25 ards.’’; 


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1 (iv) by striking subparagraphs (D) 

2 and (G) and redesignating subparagraphs 

3 (E), (F), and (H) through (O) as subpara4 graphs (D) through (M), respectively; 

5 (v) in subparagraph (D)(v) (as so re6 designated), by striking ‘‘help schools in 

7 which’’ and all that follows and inserting 

8 ‘‘address disparities in the percentages of ef9 fective teachers teaching in low-income 

10 schools.’’ 

11 (vi) in subparagraph (G) (as so redes12 ignated)— 

13 (I) by striking ‘‘section 1116’’ and 

14 inserting ‘‘section 1111(b)(3)(B)(iii)’’; 

15 and 

16 (II) by striking ‘‘, including the 

17 following’’ and all that follows and in18 serting a period; 

19 (vii) in subparagraph (I) (as so redes20 ignated), by striking ‘‘qualifications’’ and 

21 inserting ‘‘effectiveness’’; 

22 (viii) in subparagraph (J) (as so redes23 ignated), by striking ‘‘, including funds 

24 under section 1002,’’; 


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1 (ix) in subparagraph (L) (as so redes2 ignated), by striking ‘‘section 

3 1111(b)(2)(C)(v)(II)’’ and inserting ‘‘section 

4 1111(b)(3)(B)(ii)(II)’’; and 

5 (x) in subparagraph (M) (as so redes6 ignated), by striking ‘‘Secretary’’ and in7 serting ‘‘Director’’; 

8 (C) in paragraph (3), by striking ‘‘Sec9 retary’’ and inserting ‘‘Director’’; 

10 (D) in paragraph (4), by striking ‘‘Sec11 retary’’ and inserting ‘‘Director’’; 

12 (E) in paragraph (5), by striking ‘‘Sec13 retary’’ and inserting ‘‘Director’’; and 

14 (F) in paragraph (6)— 

15 (i) by striking ‘‘No Child Left Behind 

16 Act of 2001’’ each place it appears and in17 serting ‘‘Student Success Act’’; and 

18 (ii) by striking ‘‘Secretary’’ each place 

19 it appears and inserting ‘‘Director’’; 

20 (2) in subsection (b), by striking ‘‘Secretary’’ 

21 each place it appears and inserting ‘‘Director’’; 

22 (3) in subsection (c)— 

23 (A) in paragraph (1)— 

24 (i) by striking ‘‘Secretary’’ and insert25 ing ‘‘Director’’; and 


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1 (ii) by striking ‘‘part A’’ and inserting 

2 ‘‘subpart 1 of part A’’; 

3 (B) in paragraph (2)— 

4 (i) by striking ‘‘Secretary’’ and insert5 ing ‘‘Director’’; 

6 (ii) in subparagraph (B), by striking 

7 ‘‘challenging academic achievement stand8 ards’’ and inserting ‘‘State academic stand9 ards’’; 

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

11 ‘‘effects of the availability’’ and all that fol12 lows and inserting ‘‘extent to which actions 

13 authorized under section 1111(b)(3)(B)(iii) 

14 improve the academic achievement of dis15 advantaged students and low-performing 

16 schools.’’; and 

17 (iv) in subparagraph (F), by striking 

18 ‘‘Secretary’’ and inserting ‘‘Director’’; and 

19 (C) in paragraph (3)— 

20 (i) by striking ‘‘Secretary’’ and insert21 ing ‘‘Director’’; and 

22 (ii) by striking subparagraph (C) and 

23 inserting the following: 


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1 ‘‘(C) analyzes varying models or strategies 

2 for delivering school services, including 

3 schoolwide and targeted services.’’; and 

4 (4) in subsection (d), by striking ‘‘Secretary’’ 

5 each place it appears and inserting ‘‘Director’’. 

6 (e) AMENDMENTS TO SECTION 1302.—Section 1302 

7 (20 U.S.C. 6493), as so redesignated, is amended— 

8 (1) in subsection (a)— 

9 (A) by striking ‘‘Secretary’’ and inserting 

10 ‘‘Director’’; and 

11 (B) by striking ‘‘and for making decisions 

12 about the promotion and graduation of stu13 dents’’; 

14 (2) in subsection (b)— 

15 (A) by striking ‘‘Secretary’’ the first place 

16 it appears and inserting ‘‘Director’’; 

17 (B) by striking ‘‘process,’’ and inserting 

18 ‘‘process consistent with section 1206,’’; and 

19 (C) by striking ‘‘Assistant Secretary of 

20 Educational Research and Improvement’’ and 

21 inserting ‘‘Director’’; 

22 (3) in subsection (d)— 

23 (A) in paragraph (1)— 

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

25 ‘‘to the State-defined level of proficiency’’ 


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1 and inserting ‘‘toward meeting the State 

2 academic standards’’; and 

3 (ii) in subparagraph (C), by striking 

4 ‘‘pupil-services’’ and inserting ‘‘specialized 

5 instructional support services’’; 

6 (B) in paragraph (3), by striking ‘‘limited 

7 and nonlimited English proficient students’’ and 

8 inserting ‘‘English learners’’; and 

9 (C) in paragraph (6), by striking ‘‘Sec10 retary’’ and inserting ‘‘Director’’; and 

11 (4) in subsection (f)— 

12 (A) by striking ‘‘Secretary’’ and inserting 

13 ‘‘Director’’; and 

14 (B) by striking ‘‘authorized to be appro15 priated for this part’’ and inserting ‘‘appro16 priated under section 3(a)(2)’’. 

17 Subtitle E—Title I General 

18 Provisions 

19 SEC. 151. GENERAL PROVISIONS FOR TITLE I. 

20 Part I of title I (20 U.S.C. 6571 et seq.)— 

21 (1) is transferred to and redesignated as part C 

22 of title I of the Act; and 

23 (2) is amended to read as follows: 


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1 ‘‘PART C—GENERAL PROVISIONS 

2 ‘‘SEC. 1401. FEDERAL REGULATIONS. 

3 ‘‘(a) IN GENERAL.—The Secretary may, in accordance 

4 with subsections (b) through (d), issue such regulations as 

5 are necessary to reasonably ensure there is compliance with 

6 this title. 

7 ‘‘(b) NEGOTIATED RULEMAKING PROCESS.— 

8 ‘‘(1) IN GENERAL.—Before publishing in the 

9 Federal Register proposed regulations to carry out 

10 this title, the Secretary shall obtain the advice and 

11 recommendations of representatives of Federal, State, 

12 and local administrators, parents, teachers, and mem13 bers of local school boards and other organizations in14 volved with the implementation and operation of pro15 grams under this title. 

16 ‘‘(2) MEETINGS AND ELECTRONIC EXCHANGE.— 

17 Such advice and recommendations may be obtained 

18 through such mechanisms as regional meetings and 

19 electronic exchanges of information. 

20 ‘‘(3) PROPOSED REGULATIONS.—After obtaining 

21 such advice and recommendations, and before pub22 lishing proposed regulations, the Secretary shall— 

23 ‘‘(A) establish a negotiated rulemaking 

24 process; 

25 ‘‘(B) select individuals to participate in 

26 such process from among individuals or groups 


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1 that provided advice and recommendations, in2 cluding representation from all geographic re3 gions of the United States, in such numbers as 

4 will provide an equitable balance between rep5 resentatives of parents and students and rep6 resentatives of educators and education officials; 

7 and 

8 ‘‘(C) prepare a draft of proposed policy op9 tions that shall be provided to the individuals se10 lected by the Secretary under subparagraph (B) 

11 not less than 15 days before the first meeting 

12 under such process. 

13 ‘‘(c) PROPOSED RULEMAKING.—If the Secretary deter14 mines that a negotiated rulemaking process is unnecessary 

15 or the individuals selected to participate in the process 

16 under paragraph (3)(B) fail to reach unanimous agree17 ment, the Secretary may propose regulations under the fol18 lowing procedure: 

19 ‘‘(1) Not less than 30 days prior to beginning a 

20 rulemaking process, the Secretary shall provide to 

21 Congress, including the Committee on Education and 

22 the Workforce of the House of Representatives and the 

23 Committee on Health, Education, Labor, and Pen24 sions of the Senate, notice that shall include— 

25 ‘‘(A) a copy of the proposed regulations; 


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1 ‘‘(B) the need to issue regulations; 

2 ‘‘(C) the anticipated burden the regulations 

3 will have on State educational agencies, local 

4 educational agencies, schools, and other entities 

5 that may be impacted by the regulations; and 

6 ‘‘(D) any regulations that will be repealed 

7 when the new regulations are issued. 

8 ‘‘(2) 30 days after giving notice of the proposed 

9 rule to Congress, the Secretary may proceed with the 

10 rulemaking process after addressing all comments re11 ceived from the Congress and publishing how such 

12 comments are addressed with the proposed rule. 

13 ‘‘(3) The comment and review period for any 

14 proposed regulation shall be 90 days unless an emer15 gency requires a shorter period, in which case such 

16 period shall be not less than 45 days and the Sec17 retary shall— 

18 ‘‘(A) designate the proposed regulation as 

19 an emergency with an explanation of the emer20 gency in the notice and report to Congress under 

21 paragraph (1); and 

22 ‘‘(B) publish the length of the comment and 

23 review period in such notice and in the Federal 

24 Register. 


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1 ‘‘(4) No regulation shall be made final after the 

2 comment and review period until the Secretary has 

3 published in the Federal Register an independent as4 sessment of— 

5 ‘‘(A) the burden, including the cost burden, 

6 the regulation will impose on State educational 

7 agencies, local educational agencies, schools and 

8 other entities that may be impacted by the regu9 lation; and 

10 ‘‘(B) an explanation of how the entities de11 scribed in subparagraph (A) may pay for imple12 menting the new regulation. 

13 ‘‘(d) LIMITATION.—Regulations to carry out this title 

14 may not require local programs to follow a particular in15 structional model, such as the provision of services outside 

16 the regular classroom or school program. 

17 ‘‘SEC. 1402. AGREEMENTS AND RECORDS. 

18 ‘‘(a) AGREEMENTS.—In the case in which a negotiated 

19 rule making process is established under subsection (b) of 

20 section 1401, all published proposed regulations shall con21 form to agreements that result from the rulemaking de22 scribed in section 1401 unless the Secretary reopens the ne23 gotiated rulemaking process. 


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1 ‘‘(b) RECORDS.—The Secretary shall ensure that an 

2 accurate and reliable record of agreements reached during 

3 the negotiations process is maintained. 

4 ‘‘SEC. 1403. STATE ADMINISTRATION. 

5 ‘‘(a) RULEMAKING.— 

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

7 funds under this title shall— 

8 ‘‘(A) ensure that any State rules, regula9 tions, and policies relating to this title conform 

10 to the purposes of this title and provide any such 

11 proposed rules, regulations, and policies to the 

12 committee of practitioners created under sub13 section (b) for review and comment; 

14 ‘‘(B) minimize such rules, regulations, and 

15 policies to which the State’s local educational 

16 agencies and schools are subject; 

17 ‘‘(C) eliminate or modify State and local 

18 fiscal accounting requirements in order to facili19 tate the ability of schools to consolidate funds 

20 under schoolwide programs; 

21 ‘‘(D) identify any such rule, regulation, or 

22 policy as a State-imposed requirement; and 

23 ‘‘(E)(i) identify any duplicative or con24 trasting requirements between the State and Fed25 eral rules or regulations; 


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1 ‘‘(ii) eliminate the rules and regulations 

2 that are duplicative of Federal requirements; and 

3 ‘‘(iii) report any conflicting requirements to 

4 the Secretary and determine which Federal or 

5 State rule or regulation shall be followed. 

6 ‘‘(2) SUPPORT AND FACILITATION.—State rules, 

7 regulations, and policies under this title shall support 

8 and facilitate local educational agency and school9 level systemic reform designed to enable all children 

10 to meet the State academic standards. 

11 ‘‘(b) COMMITTEE OF PRACTITIONERS.— 

12 ‘‘(1) IN GENERAL.—Each State educational 

13 agency that receives funds under this title shall create 

14 a State committee of practitioners to advise the State 

15 in carrying out its responsibilities under this title. 

16 ‘‘(2) MEMBERSHIP.—Each such committee shall 

17 include— 

18 ‘‘(A) as a majority of its members, rep19 resentatives from local educational agencies; 

20 ‘‘(B) administrators, including the admin21 istrators of programs described in other parts of 

22 this title; 

23 ‘‘(C) teachers from public charter schools, 

24 traditional public schools, and career and tech25 nical educators; 


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1 ‘‘(D) parents; 

2 ‘‘(E) members of local school boards; 

3 ‘‘(F) representatives of private school chil4 dren; and 

5 ‘‘(G) specialized instructional support per6 sonnel. 

7 ‘‘(3) DUTIES.—The duties of such committee 

8 shall include a review, before publication, of any pro9 posed or final State rule or regulation pursuant to 

10 this title. In an emergency situation where such rule 

11 or regulation must be issued within a very limited 

12 time to assist local educational agencies with the op13 eration of the program under this title, the State edu14 cational agency may issue a regulation without prior 

15 consultation, but shall immediately thereafter convene 

16 the State committee of practitioners to review the 

17 emergency regulation before issuance in final form. 

18 ‘‘SEC. 1404. RULE OF CONSTRUCTION ON EQUALIZED 

19 SPENDING. 

20 ‘‘Nothing in this title shall be construed to mandate 

21 equalized spending per pupil for a State, local educational 

22 agency, or school.’’. 


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1 TITLE II—GENERAL PROVISIONS 

2 FOR THE ACT 

3 SEC. 201. GENERAL PROVISIONS FOR THE ACT. 

4 (a) AMENDING TITLE V.—Title V (20 U.S.C. 7201 et 

5 seq.) is amended to read as follows: 

6 ‘‘TITLE V—GENERAL PROVISIONS 

7 ‘‘PART A—DEFINITIONS

8 ‘‘SEC. 5101. DEFINITIONS. 

9 ‘‘Except as otherwise provided, in this Act: 

10 ‘‘(1) AVERAGE DAILY ATTENDANCE.— 

11 ‘‘(A) IN GENERAL.—Except as provided oth12 erwise by State law or this paragraph, the term 

13 ‘average daily attendance’ means— 

14 ‘‘(i) the aggregate number of days of 

15 attendance of all students during a school 

16 year; divided by 

17 ‘‘(ii) the number of days school is in 

18 session during that year. 

19 ‘‘(B) CONVERSION.—The Secretary shall 

20 permit the conversion of average daily member21 ship (or other similar data) to average daily at22 tendance for local educational agencies in States 

23 that provide State aid to local educational agen24 cies on the basis of average daily membership (or 

25 other similar data). 


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1 ‘‘(C) SPECIAL RULE.—If the local edu2 cational agency in which a child resides makes 

3 a tuition or other payment for the free public 

4 education of the child in a school located in an5 other school district, the Secretary shall, for the 

6 purpose of this Act— 

7 ‘‘(i) consider the child to be in attend8 ance at a school of the agency making the 

9 payment; and 

10 ‘‘(ii) not consider the child to be in at11 tendance at a school of the agency receiving 

12 the payment. 

13 ‘‘(D) CHILDREN WITH DISABILITIES.—If a 

14 local educational agency makes a tuition pay15 ment to a private school or to a public school of 

16 another local educational agency for a child with 

17 a disability, as defined in section 602 of the In18 dividuals with Disabilities Education Act, the 

19 Secretary shall, for the purpose of this Act, con20 sider the child to be in attendance at a school of 

21 the agency making the payment. 

22 ‘‘(2) AVERAGE PER-PUPIL EXPENDITURE.—The 

23 term ‘average per-pupil expenditure’ means, in the 

24 case of a State or of the United States— 


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1 ‘‘(A) without regard to the source of 

2 funds— 

3 ‘‘(i) the aggregate current expenditures, 

4 during the third fiscal year preceding the 

5 fiscal year for which the determination is 

6 made (or, if satisfactory data for that year 

7 are not available, during the most recent 

8 preceding fiscal year for which satisfactory 

9 data are available) of all local educational 

10 agencies in the State or, in the case of the 

11 United States, for all States (which, for the 

12 purpose of this paragraph, means the 50 

13 States and the District of Columbia); plus 

14 ‘‘(ii) any direct current expenditures 

15 by the State for the operation of those agen16 cies; divided by 

17 ‘‘(B) the aggregate number of children in 

18 average daily attendance to whom those agencies 

19 provided free public education during that pre20 ceding year. 

21 ‘‘(3) CHARTER SCHOOL.—The term ‘charter 

22 school’ means a public school that— 

23 ‘‘(A) in accordance with a specific State 

24 statute authorizing the granting of charters to 

25 schools, is exempt from significant State or local 


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1 rules that inhibit the flexible operation and man2 agement of public schools, but not from any rules 

3 relating to the other requirements of this para4 graph; 

5 ‘‘(B) is created by a developer as a public 

6 school, or is adapted by a developer from an ex7 isting public school, and is operated under pub8 lic supervision and direction; 

9 ‘‘(C) operates in pursuit of a specific set of 

10 educational objectives determined by the school’s 

11 developer and agreed to by the authorized public 

12 chartering agency; 

13 ‘‘(D) provides a program of elementary or 

14 secondary education, or both; 

15 ‘‘(E) is nonsectarian in its programs, ad16 missions policies, employment practices, and all 

17 other operations; 

18 ‘‘(F) does not charge tuition; 

19 ‘‘(G) complies with the Age Discrimination 

20 Act of 1975, title VI of the Civil Rights Act of 

21 1964, title IX of the Education Amendments of 

22 1972, section 504 of the Rehabilitation Act of 

23 1973, and part B of the Individuals with Dis24 abilities Education Act; 


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1 ‘‘(H) is a school to which parents choose to 

2 send their children, and that admits students on 

3 the basis of a lottery, if more students apply for 

4 admission than can be accommodated; 

5 ‘‘(I) agrees to comply with the same Federal 

6 and State audit requirements as do other elemen7 tary schools and secondary schools in the State, 

8 unless such requirements are specifically waived 

9 for the purpose of this program; 

10 ‘‘(J) meets all applicable Federal, State, 

11 and local health and safety requirements; 

12 ‘‘(K) operates in accordance with State law; 

13 ‘‘(L) has a written performance contract 

14 with the authorized public chartering agency in 

15 the State that includes a description of how stu16 dent performance will be measured in charter 

17 schools pursuant to State assessments that are 

18 required of other schools and pursuant to any 

19 other assessments mutually agreeable to the au20 thorized public chartering agency and the char21 ter school; and 

22 ‘‘(M) may serve pre-kindergarten or postsec23 ondary school students. 


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1 ‘‘(4) CHILD.—The term ‘child’ means any person 

2 within the age limits for which the State provides free 

3 public education. 

4 ‘‘(5) CHILD WITH A DISABILITY.—The term 

5 ‘child with a disability’ has the same meaning given 

6 that term in section 602 of the Individuals with Dis7 abilities Education Act. 

8 ‘‘(6) COMMUNITY-BASED ORGANIZATION.—The 

9 term ‘community-based organization’ means a public 

10 or private nonprofit organization of demonstrated ef11 fectiveness that— 

12 ‘‘(A) is representative of a community or 

13 significant segments of a community; and 

14 ‘‘(B) provides educational or related services 

15 to individuals in the community. 

16 ‘‘(7) CONSOLIDATED LOCAL APPLICATION.—The 

17 term ‘consolidated local application’ means an appli18 cation submitted by a local educational agency pursu19 ant to section 5305. 

20 ‘‘(8) CONSOLIDATED LOCAL PLAN.—The term 

21 ‘consolidated local plan’ means a plan submitted by 

22 a local educational agency pursuant to section 5305. 

23 ‘‘(9) CONSOLIDATED STATE APPLICATION.—The 

24 term ‘consolidated State application’ means an appliVerDate Mar 15 2010 21:20 Apr 27, 2012 Jkt 019200 PO 00000 Frm 00253 Fmt 6652 Sfmt 6203 E:\BILLS\H3989.RH H3989

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1 cation submitted by a State educational agency pur2 suant to section 5302. 

3 ‘‘(10) CONSOLIDATED STATE PLAN.—The term 

4 ‘consolidated State plan’ means a plan submitted by 

5 a State educational agency pursuant to section 5302. 

6 ‘‘(11) CORE ACADEMIC SUBJECTS.—The term 

7 ‘core academic subjects’ means English, reading or 

8 language arts, mathematics, science, foreign lan9 guages, civics and government, economics, arts, his10 tory, and geography. 

11 ‘‘(12) COUNTY.—The term ‘county’ means one of 

12 the divisions of a State used by the Secretary of Com13 merce in compiling and reporting data regarding 

14 counties. 

15 ‘‘(13) COVERED PROGRAM.—The term ‘covered 

16 program’ means each of the programs authorized 

17 by— 

18 ‘‘(A) part A of title I; 

19 ‘‘(B) title II; and 

20 ‘‘(C) title III. 

21 ‘‘(14) CURRENT EXPENDITURES.—The term ‘cur22 rent expenditures’ means expenditures for free public 

23 education— 

24 ‘‘(A) including expenditures for administra25 tion, instruction, attendance and health services, 


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1 pupil transportation services, operation and 

2 maintenance of plant, fixed charges, and net ex3 penditures to cover deficits for food services and 

4 student body activities; but 

5 ‘‘(B) not including expenditures for commu6 nity services, capital outlay, and debt service, or 

7 any expenditures made from funds received 

8 under title I. 

9 ‘‘(15) DEPARTMENT.—The term ‘Department’ 

10 means the Department of Education. 

11 ‘‘(16) DIRECT STUDENT SERVICES.—The term 

12 ‘direct student services’ means public school choice or 

13 high-quality academic tutoring that are designed to 

14 help increase academic achievement for students. 

15 ‘‘(17) DISTANCE EDUCATION.—The term ‘dis16 tance education’ means the use of one or more tech17 nologies to deliver instruction to students who are 

18 separated from the instructor and to support regular 

19 and substantive interaction between the students and 

20 the instructor synchronously or nonsynchronously. 

21 ‘‘(18) EDUCATIONAL SERVICE AGENCY.—The 

22 term ‘educational service agency’ means a regional 

23 public multiservice agency authorized by State statute 

24 to develop, manage, and provide services or programs 

25 to local educational agencies. 


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1 ‘‘(19) ELEMENTARY SCHOOL.—The term ‘elemen2 tary school’ means a nonprofit institutional day or 

3 residential school, including a public elementary 

4 charter school, that provides elementary education, as 

5 determined under State law. 

6 ‘‘(20) ENGLISH LEARNER.—The term ‘English 

7 learner’, when used with respect to an individual, 

8 means an individual— 

9 ‘‘(A) who is aged 3 through 21; 

10 ‘‘(B) who is enrolled or preparing to enroll 

11 in an elementary school or secondary school; 

12 ‘‘(C)(i) who was not born in the United 

13 States or whose native language is a language 

14 other than English; 

15 ‘‘(ii)(I) who is a Native American or Alaska 

16 Native, or a native resident of the outlying 

17 areas; and 

18 ‘‘(II) who comes from an environment 

19 where a language other than English has had a 

20 significant impact on the individual’s level of 

21 English language proficiency; or 

22 ‘‘(iii) who is migratory, whose native 

23 language is a language other than English, 

24 and who comes from an environment where 


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1 a language other than English is dominant; 

2 and 

3 ‘‘(D) whose difficulties in speaking, reading, 

4 writing, or understanding the English language 

5 may be sufficient to deny the individual— 

6 ‘‘(i) the ability to meet the State’s aca7 demic standards described in section 1111; 

8 ‘‘(ii) the ability to successfully achieve 

9 in classrooms where the language of instruc10 tion is English; or 

11 ‘‘(iii) the opportunity to participate 

12 fully in society. 

13 ‘‘(21) EXTENDED-YEAR ADJUSTED COHORT

14 GRADUATION RATE.— 

15 ‘‘(A) IN GENERAL.—The term ‘extended16 year adjusted cohort graduation rate’ means the 

17 ratio where— 

18 ‘‘(i) the denominator consists of the 

19 number of students who form the original 

20 cohort of students who entered the entry 

21 grade together in the entry year of high 

22 school, adjusted by— 

23 ‘‘(I) adding the students who 

24 joined that cohort, after the time of the 


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1 determination of the original cohort; 

2 and 

3 ‘‘(II) subtracting only those stu4 dents who left that cohort, after the 

5 time of the determination of the origi6 nal cohort; and 

7 ‘‘(ii) the numerator consists of the 

8 number of students in the cohort, as ad9 justed under clause (i), who earned a reg10 ular high school diploma before, during, or 

11 at the conclusion of— 

12 ‘‘(I) one or more additional years 

13 beyond the fourth year of high school; 

14 or 

15 ‘‘(II) a summer session imme16 diately following the additional year of 

17 high school. 

18 ‘‘(B) COHORT REMOVAL.—To remove a stu19 dent from a cohort, a school or local educational 

20 agency shall require documentation to confirm 

21 that the student has transferred out, emigrated to 

22 another country, transferred to a prison or juve23 nile facility, or is deceased. 

24 ‘‘(C) TRANSFERRED OUT.— 


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1 ‘‘(i) IN GENERAL.—For purposes of 

2 this paragraph, the term ‘transferred out’ 

3 means a student who the high school or 

4 local educational agency has confirmed, ac5 cording to clause (ii), has transferred— 

6 ‘‘(I) to another school from which 

7 the student is expected to receive a reg8 ular high school diploma; or 

9 ‘‘(II) to another educational pro10 gram from which the student is ex11 pected to receive a regular high school 

12 diploma. 

13 ‘‘(ii) CONFIRMATION REQUIRE14 MENTS.— 

15 ‘‘(I) DOCUMENTATION RE16 QUIRED.—The confirmation of a stu17 dent’s transfer to another school or 

18 educational program described in 

19 clause (i) requires documentation from 

20 the receiving school or program that 

21 the student enrolled in the receiving 

22 school or program. 

23 ‘‘(II) LACK OF CONFIRMATION.—A 

24 student who was enrolled, but for 

25 whom there is no confirmation of the 


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1 student having transferred out, shall 

2 remain in the extended-year adjusted 

3 cohort. 

4 ‘‘(iii) PROGRAMS NOT PROVIDING

5 CREDIT.—A student who is retained in 

6 grade or who is enrolled in a GED or other 

7 alternative educational program that does 

8 not issue or provide credit toward the 

9 issuance of a regular high school diploma 

10 shall not be considered transferred out and 

11 shall remain in the extended-year adjusted 

12 cohort. 

13 ‘‘(D) SPECIAL RULE.—For those high 

14 schools that start after grade 9, the original co15 hort shall be calculated for the earliest high 

16 school grade students attend no later than the ef17 fective date for student membership data sub18 mitted annually by State educational agencies to 

19 the National Center for Education Statistics 

20 pursuant to section 153 of the Education 

21 Sciences Reform Act. 

22 ‘‘(22) FAMILY LITERACY SERVICES.—The term 

23 ‘family literacy services’ means services provided to 

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1 ration, to make sustainable changes in a family, and 

2 that integrate all of the following activities: 

3 ‘‘(A) Interactive literacy activities between 

4 parents and their children. 

5 ‘‘(B) Training for parents regarding how to 

6 be the primary teacher for their children and full 

7 partners in the education of their children. 

8 ‘‘(C) Parent literacy training that leads to 

9 economic self-sufficiency. 

10 ‘‘(D) An age-appropriate education to pre11 pare children for success in school and life expe12 riences. 

13 ‘‘(23) FOUR-YEAR ADJUSTED COHORT GRADUA14 TION RATE.— 

15 ‘‘(A) IN GENERAL.—The term ‘four-year ad16 justed cohort graduation rate’ means the ratio 

17 where— 

18 ‘‘(i) the denominator consists of the 

19 number of students who form the original 

20 cohort of entering first-time 9th grade stu21 dents enrolled in the high school no later 

22 than the effective date for student member23 ship data submitted annually by State edu24 cational agencies to the National Center for 

25 Education Statistics pursuant to section 


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1 153 of the Education Sciences Reform Act, 

2 adjusted by— 

3 ‘‘(I) adding the students who 

4 joined that cohort, after the time of the 

5 determination of the original cohort; 

6 and 

7 ‘‘(II) subtracting only those stu8 dents who left that cohort, after the 

9 time of the determination of the origi10 nal cohort, as described in subpara11 graph (B); and 

12 ‘‘(ii) the numerator consists of the 

13 number of students in the cohort, as ad14 justed under clause (i), who earned a reg15 ular high school diploma before, during, or 

16 at the conclusion of— 

17 ‘‘(I) the fourth year of high school; 

18 or 

19 ‘‘(II) a summer session imme20 diately following the fourth year of 

21 high school. 

22 ‘‘(B) COHORT REMOVAL.—To remove a stu23 dent from a cohort, a school or local educational 

24 agency shall require documentation to confirm 

25 that the student has transferred out, emigrated to 


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1 another country, transferred to a prison or juve2 nile facility, or is deceased. 

3 ‘‘(C) TRANSFERRED OUT.— 

4 ‘‘(i) IN GENERAL.—For purposes of 

5 this paragraph, the term ‘transferred out’ 

6 means a student who the high school or 

7 local educational agency has confirmed, ac8 cording to clause (ii), has transferred— 

9 ‘‘(I) to another school from which 

10 the student is expected to receive a reg11 ular high school diploma; or 

12 ‘‘(II) to another educational pro13 gram from which the student is ex14 pected to receive a regular high school 

15 diploma. 

16 ‘‘(ii) CONFIRMATION REQUIRE17 MENTS.— 

18 ‘‘(I) DOCUMENTATION RE19 QUIRED.—The confirmation of a stu20 dent’s transfer to another school or 

21 educational program described in 

22 clause (i) requires documentation from 

23 the receiving school or program that 

24 the student enrolled in the receiving 

25 school or program. 


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1 ‘‘(II) LACK OF CONFIRMATION.—A 

2 student who was enrolled, but for 

3 whom there is no confirmation of the 

4 student having transferred out, shall 

5 remain in the adjusted cohort. 

6 ‘‘(iii) PROGRAMS NOT PROVIDING

7 CREDIT.—A student who is retained in 

8 grade or who is enrolled in a GED or other 

9 alternative educational program that does 

10 not issue or provide credit toward the 

11 issuance of a regular high school diploma 

12 shall not be considered transferred out and 

13 shall remain in the adjusted cohort. 

14 ‘‘(D) SPECIAL RULE.—For those high 

15 schools that start after grade 9, the original co16 hort shall be calculated for the earliest high 

17 school grade students attend no later than the ef18 fective date for student membership data sub19 mitted annually by State educational agencies to 

20 the National Center for Education Statistics 

21 pursuant to section 153 of the Education 

22 Sciences Reform Act. 

23 ‘‘(24) FREE PUBLIC EDUCATION.—The term ‘free 

24 public education’ means education that is provided— 


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1 ‘‘(A) at public expense, under public super2 vision and direction, and without tuition charge; 

3 and 

4 ‘‘(B) as elementary school or secondary 

5 school education as determined under applicable 

6 State law, except that the term does not include 

7 any education provided beyond grade 12. 

8 ‘‘(25) GRADUATION RATE.—The term ‘gradua9 tion rate’ means the adjusted cohort graduation rate. 

10 ‘‘(26) HIGH-QUALITY ACADEMIC TUTORING.—The 

11 term ‘high-quality academic tutoring’ means supple12 mental academic services that— 

13 ‘‘(A) are in addition to instruction provided 

14 during the school day; 

15 ‘‘(B) are provided by a non-governmental 

16 entity or local educational agency that— 

17 ‘‘(i) is included on a State educational 

18 agency approved provider list after dem19 onstrating to the State educational agency 

20 that its program consistently improves the 

21 academic achievement of students; and 

22 ‘‘(ii) agrees to provide parents of chil23 dren receiving high-quality academic tutor24 ing, the appropriate local educational agen25 cy, and school with information on particiVerDate Mar 15 2010 21:20 Apr 27, 2012 Jkt 019200 PO 00000 Frm 00265 Fmt 6652 Sfmt 6203 E:\BILLS\H3989.RH H3989

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1 pating students increases in academic 

2 achievement, in a format, and to the extent 

3 practicable, a language that such parent 

4 can understand, and in a manner that pro5 tects the privacy of individuals consistent 

6 with section 444 of the General Education 

7 Provisions Act (20 U.S.C. 1232g); 

8 ‘‘(C) are selected by the parents of students 

9 who are identified by the local educational agen10 cy as being eligible for such services from among 

11 providers on the approved provider list described 

12 in subparagraph (B)(i); 

13 ‘‘(D) meet all applicable Federal, State, and 

14 local health, safety, and civil rights laws; and 

15 ‘‘(E) ensure that all instruction and content 

16 are secular, neutral, and non-ideological. 

17 ‘‘(27) HIGH SCHOOL.—The term ‘high school’ 

18 means a secondary school that— 

19 ‘‘(A) grants a diploma, as defined by the 

20 State; and 

21 ‘‘(B) includes, at least, grade 12. 

22 ‘‘(28) INSTITUTION OF HIGHER EDUCATION.— 

23 The term ‘institution of higher education’ has the 

24 meaning given that term in section 101(a) of the 

25 Higher Education Act of 1965. 


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1 ‘‘(29) LOCAL EDUCATIONAL AGENCY.— 

2 ‘‘(A) IN GENERAL.—The term ‘local edu3 cational agency’ means a public board of edu4 cation or other public authority legally con5 stituted within a State for either administrative 

6 control or direction of, or to perform a service 

7 function for, public elementary schools or sec8 ondary schools in a city, county, township, 

9 school district, or other political subdivision of a 

10 State, or of or for a combination of school dis11 tricts or counties that is recognized in a State as 

12 an administrative agency for its public elemen13 tary schools or secondary schools. 

14 ‘‘(B) ADMINISTRATIVE CONTROL AND DI15 RECTION.—The term includes any other public 

16 institution or agency having administrative con17 trol and direction of a public elementary school 

18 or secondary school. 

19 ‘‘(C) BIE SCHOOLS.—The term includes an 

20 elementary school or secondary school funded by 

21 the Bureau of Indian Education but only to the 

22 extent that including the school makes the school 

23 eligible for programs for which specific eligibility 

24 is not provided to the school in another provision 

25 of law and the school does not have a student 


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1 population that is smaller than the student pop2 ulation of the local educational agency receiving 

3 assistance under this Act with the smallest stu4 dent population, except that the school shall not 

5 be subject to the jurisdiction of any State edu6 cational agency other than the Bureau of Indian 

7 Education. 

8 ‘‘(D) EDUCATIONAL SERVICE AGENCIES.— 

9 The term includes educational service agencies 

10 and consortia of those agencies. 

11 ‘‘(E) STATE EDUCATIONAL AGENCY.—The 

12 term includes the State educational agency in a 

13 State in which the State educational agency is 

14 the sole educational agency for all public schools. 

15 ‘‘(30) NATIVE AMERICAN AND NATIVE AMERICAN

16 LANGUAGE.—The terms ‘Native American’ and ‘Na17 tive American language’ have the same meaning given 

18 those terms in section 103 of the Native American 

19 Languages Act of 1990. 

20 ‘‘(31) OTHER STAFF.—The term ‘other staff’ 

21 means specialized instructional support personnel, li22 brarians, career guidance and counseling personnel, 

23 education aides, and other instructional and adminis24 trative personnel. 


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1 ‘‘(32) OUTLYING AREA.—The term ‘outlying 

2 area’— 

3 ‘‘(A) means American Samoa, the Common4 wealth of the Northern Mariana Islands, Guam, 

5 and the United States Virgin Islands; 

6 ‘‘(B) means the Republic of Palau, to the 

7 extent permitted under section 105(f)(1)(B)(ix) 

8 of the Compact of Free Association Amendments 

9 Act of 2003 (Public Law 99–658; 117 Stat. 

10 2751) and until an agreement for the extension 

11 of United States education assistance under the 

12 Compact of Free Association becomes effective for 

13 the Republic of Palau; and 

14 ‘‘(C) for the purpose of any discretionary 

15 grant program under this Act, includes the Re16 public of the Marshall Islands and the Federated 

17 States of Micronesia, to the extent permitted 

18 under section 105(f)(1)(B)(viii) of the Compact 

19 of Free Association Amendments Act of 2003 

20 (Public Law 108–188; 117 Stat. 2751). 

21 ‘‘(33) PARENT.—The term ‘parent’ includes a 

22 legal guardian or other person standing in loco 

23 parentis (such as a grandparent or stepparent with 

24 whom the child lives, or a person who is legally re25 sponsible for the child’s welfare). 


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1 ‘‘(34) PARENTAL INVOLVEMENT.—The term ‘pa2 rental involvement’ means the participation of par3 ents in regular, two-way, and meaningful commu4 nication involving student academic learning and 

5 other school activities, including ensuring— 

6 ‘‘(A) that parents play an integral role in 

7 assisting in their child’s learning; 

8 ‘‘(B) that parents are encouraged to be ac9 tively involved in their child’s education at 

10 school; 

11 ‘‘(C) that parents are full partners in their 

12 child’s education and are included, as appro13 priate, in decisionmaking and on advisory com14 mittees to assist in the education of their child; 

15 and 

16 ‘‘(D) the carrying out of other activities, 

17 such as those described in section 1118. 

18 ‘‘(35) POVERTY LINE.—The term ‘poverty line’ 

19 means the poverty line (as defined by the Office of 

20 Management and Budget and revised annually in ac21 cordance with section 673(2) of the Community Serv22 ices Block Grant Act) applicable to a family of the 

23 size involved. 

24 ‘‘(36) PROFESSIONAL DEVELOPMENT.—The term 

25 ‘professional development’— 


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1 ‘‘(A) includes activities that— 

2 ‘‘(i) improve and increase teachers’ 

3 knowledge of the academic subjects the 

4 teachers teach, and enable teachers to be5 come effective educators; 

6 ‘‘(ii) are an integral part of broad 

7 schoolwide and districtwide educational im8 provement plans; 

9 ‘‘(iii) give teachers, school leaders, 

10 other staff, and administrators the knowl11 edge and skills to provide students with the 

12 opportunity to meet State academic stand13 ards; 

14 ‘‘(iv) improve classroom management 

15 skills; 

16 ‘‘(v)(I) are high quality, job-embedded, 

17 and continuous in order to have a positive 

18 and lasting impact on classroom instruction 

19 and the teacher’s performance in the class20 room; and 

21 ‘‘(II) are not 1-day or short-term work22 shops or conferences; 

23 ‘‘(vi) support the recruiting, hiring, 

24 and training of effective teachers, including 

25 teachers who became certified or licensed 


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1 through State and local alternative routes to 

2 certification; 

3 ‘‘(vii) advance teacher understanding 

4 of effective instructional strategies that 

5 are— 

6 ‘‘(I) evidence-based; and 

7 ‘‘(II) strategies for improving stu8 dent academic achievement or substan9 tially increasing the knowledge and 

10 teaching skills of teachers, including 

11 through addressing the social and emo12 tional development needs of students; 

13 and 

14 ‘‘(viii) are aligned with and directly 

15 related to— 

16 ‘‘(I) State academic standards 

17 and assessments; and 

18 ‘‘(II) the curricula and programs 

19 tied to the standards described in sub20 clause (I); 

21 ‘‘(ix) are developed with extensive par22 ticipation of teachers, school leaders, par23 ents, and administrators of schools to be 

24 served under this Act; 


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1 ‘‘(x) are designed to give teachers of 

2 English learners and other teachers and in3 structional staff, the knowledge and skills to 

4 provide instruction and appropriate lan5 guage and academic support services to 

6 those children, including the appropriate 

7 use of curricula and assessments; 

8 ‘‘(xi) to the extent appropriate, provide 

9 training for teachers, other staff, and school 

10 leaders in the use of technology so that tech11 nology and technology applications are ef12 fectively used to improve teaching and 

13 learning in the curricula and core academic 

14 subjects in which the students receive in15 struction; 

16 ‘‘(xii) as a whole, are regularly evalu17 ated for their impact on increased teacher 

18 effectiveness and improved student academic 

19 achievement, with the findings of the eval20 uations used to improve the quality of the 

21 professional development; 

22 ‘‘(xiii) provide instruction in methods 

23 of teaching children with special needs; 


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1 ‘‘(xiv) include instruction in the use of 

2 data and assessments to inform and in3 struct classroom practice; and 

4 ‘‘(xv) include instruction in ways that 

5 teachers, school leaders, specialized instruc6 tional support personnel, other staff, and 

7 school administrators may work more effec8 tively with parents; and 

9 ‘‘(B) may include activities that— 

10 ‘‘(i) involve the forming of partner11 ships with institutions of higher education 

12 to establish school-based teacher training 

13 programs that provide prospective teachers 

14 and new teachers with an opportunity to 

15 work under the guidance of experienced 

16 teachers and college faculty; 

17 ‘‘(ii) create programs to enable para18 professionals (assisting teachers employed 

19 by a local educational agency receiving as20 sistance under subpart 1 of part A of title 

21 I) to obtain the education necessary for 

22 those paraprofessionals to become certified 

23 and licensed teachers; and 

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1 ties described in subparagraph (A) or an2 other clause of this subparagraph that are 

3 designed to ensure that the knowledge and 

4 skills learned by the teachers are imple5 mented in the classroom. 

6 ‘‘(37) REGULAR HIGH SCHOOL DIPLOMA.— 

7 ‘‘(A) IN GENERAL.—The term ‘regular high 

8 school diploma’ means the standard high school 

9 diploma awarded to the preponderance of stu10 dents in the State that is fully aligned with 

11 State standards, or a higher diploma. Such term 

12 shall not include a GED or other recognized 

13 equivalent of a diploma, a certificate of attend14 ance, or any lesser diploma award. 

15 ‘‘(B) EXCEPTION FOR STUDENTS WITH SIG16 NIFICANT COGNITIVE DISABILITIES.—For a stu17 dent who is assessed using an alternate assess18 ment aligned to alternate academic standards 

19 under section 1111(b)(1)(D), receipt of a regular 

20 high school diploma as defined under subpara21 graph (A) or a State-defined alternate diploma 

22 obtained within the time period for which the 

23 State ensures the availability of a free appro24 priate public education and in accordance with 

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1 abilities Education Act shall be counted as grad2 uating with a regular high school diploma for 

3 the purposes of this Act. 

4 ‘‘(38) SCHOOL LEADER.—The term ‘school lead5 er’ means a principal, assistant principal, or other 

6 individual who is— 

7 ‘‘(A) an employee or officer of a school, local 

8 educational agency, or other entity operating the 

9 school; and 

10 ‘‘(B) responsible for— 

11 ‘‘(i) the daily instructional leadership 

12 and managerial operations of the school; 

13 and 

14 ‘‘(ii) creating the optimum conditions 

15 for student learning. 

16 ‘‘(39) SECONDARY SCHOOL.—The term ‘sec17 ondary school’ means a nonprofit institutional day or 

18 residential school, including a public secondary char19 ter school, that provides secondary education, as de20 termined under State law, except that the term does 

21 not include any education beyond grade 12. 

22 ‘‘(40) SECRETARY.—The term ‘Secretary’ means 

23 the Secretary of Education. 


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1 ‘‘(41) SPECIALIZED INSTRUCTIONAL SUPPORT

2 PERSONNEL; SPECIALIZED INSTRUCTIONAL SUPPORT

3 SERVICES.— 

4 ‘‘(A) SPECIALIZED INSTRUCTIONAL SUP5 PORT PERSONNEL.—The term ‘specialized in6 structional support personnel’ means school 

7 counselors, school social workers, school psycholo8 gists, and other qualified professional personnel 

9 involved in providing assessment, diagnosis, 

10 counseling, educational, therapeutic, and other 

11 necessary services (including related services as 

12 that term is defined in section 602 of the Indi13 viduals with Disabilities Education Act) as part 

14 of a comprehensive program to meet student 

15 needs. 

16 ‘‘(B) SPECIALIZED INSTRUCTIONAL SUP17 PORT SERVICES.—The term ‘specialized instruc18 tional support services’ means the services pro19 vided by specialized instructional support per20 sonnel. 

21 ‘‘(42) STATE.—The term ‘State’ means each of 

22 the 50 States, the District of Columbia, the Common23 wealth of Puerto Rico, and each of the outlying areas. 

24 ‘‘(43) STATE EDUCATIONAL AGENCY.—The term 

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1 marily responsible for the State supervision of public 

2 elementary schools and secondary schools. 

3 ‘‘(44) TECHNOLOGY.—The term ‘technology’ 

4 means modern information, computer and commu5 nication technology products, services, or tools, in6 cluding, but not limited to, the Internet and other 

7 communications networks, computer devices and other 

8 computer and communications hardware, software 

9 applications, data systems, and other electronic con10 tent and data storage. 

11 ‘‘SEC. 5102. APPLICABILITY OF TITLE. 

12 ‘‘Parts B, C, D, and E of this title do not apply to 

13 title IV of this Act. 

14 ‘‘SEC. 5103. APPLICABILITY TO BUREAU OF INDIAN EDU15 CATION OPERATED SCHOOLS. 

16 ‘‘For the purpose of any competitive program under 

17 this Act— 

18 ‘‘(1) a consortium of schools operated by the Bu19 reau of Indian Education; 

20 ‘‘(2) a school operated under a contract or grant 

21 with the Bureau of Indian Education in consortium 

22 with another contract or grant school or a tribal or 

23 community organization; or 

24 ‘‘(3) a Bureau of Indian Education school in 

25 consortium with an institution of higher education, a 


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1 contract or grant school, or a tribal or community or2 ganization, 

3 shall be given the same consideration as a local educational 

4 agency. 

5 ‘‘PART B—FLEXIBILITY IN THE USE OF ADMINISTRATIVE

6 AND OTHER FUNDS

7 ‘‘SEC. 5201. CONSOLIDATION OF STATE ADMINISTRATIVE 

8 FUNDS FOR ELEMENTARY AND SECONDARY 

9 EDUCATION PROGRAMS. 

10 ‘‘(a) CONSOLIDATION OF ADMINISTRATIVE FUNDS.— 

11 ‘‘(1) IN GENERAL.—A State educational agency 

12 may consolidate the amounts specifically made avail13 able to it for State administration under one or more 

14 of the programs under paragraph (2). 

15 ‘‘(2) APPLICABILITY.—This section applies to 

16 any program under this Act under which funds are 

17 authorized to be used for administration, and such 

18 other programs as the Secretary may designate. 

19 ‘‘(b) USE OF FUNDS.— 

20 ‘‘(1) IN GENERAL.—A State educational agency 

21 shall use the amount available under this section for 

22 the administration of the programs included in the 

23 consolidation under subsection (a). 

24 ‘‘(2) ADDITIONAL USES.—A State educational 

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1 tion for administrative activities designed to enhance 

2 the effective and coordinated use of funds under pro3 grams included in the consolidation under subsection 

4 (a), such as— 

5 ‘‘(A) the coordination of those programs 

6 with other Federal and non-Federal programs; 

7 ‘‘(B) the establishment and operation of 

8 peer-review mechanisms under this Act; 

9 ‘‘(C) the administration of this title; 

10 ‘‘(D) the dissemination of information re11 garding model programs and practices; 

12 ‘‘(E) technical assistance under any pro13 gram under this Act; 

14 ‘‘(F) State-level activities designed to carry 

15 out this title; 

16 ‘‘(G) training personnel engaged in audit 

17 and other monitoring activities; and 

18 ‘‘(H) implementation of the Cooperative 

19 Audit Resolution and Oversight Initiative of the 

20 Department. 

21 ‘‘(c) RECORDS.—A State educational agency that con22 solidates administrative funds under this section shall not 

23 be required to keep separate records, by individual program, 

24 to account for costs relating to the administration of pro25 grams included in the consolidation under subsection (a). 


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1 ‘‘(d) REVIEW.—To determine the effectiveness of State 

2 administration under this section, the Secretary may peri3 odically review the performance of State educational agen4 cies in using consolidated administrative funds under this 

5 section and take such steps as the Secretary finds appro6 priate to ensure the effectiveness of that administration. 

7 ‘‘(e) UNUSED ADMINISTRATIVE FUNDS.—If a State 

8 educational agency does not use all of the funds available 

9 to the agency under this section for administration, the 

10 agency may use those funds during the applicable period 

11 of availability as funds available under one or more pro12 grams included in the consolidation under subsection (a). 

13 ‘‘(f) CONSOLIDATION OF FUNDS FOR STANDARDS AND

14 ASSESSMENT DEVELOPMENT.—In order to develop State 

15 academic standards and assessments, a State educational 

16 agency may consolidate the amounts described in subsection 

17 (a) for those purposes under title I. 

18 ‘‘SEC. 5202. SINGLE LOCAL EDUCATIONAL AGENCY STATES. 

19 ‘‘A State educational agency that also serves as a local 

20 educational agency shall, in its applications or plans under 

21 this Act, describe how the agency will eliminate duplication 

22 in conducting administrative functions. 

23 ‘‘SEC. 5203. CONSOLIDATED SET-ASIDE FOR DEPARTMENT 

24 OF THE INTERIOR FUNDS. 

25 ‘‘(a) GENERAL AUTHORITY.— 


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1 ‘‘(1) TRANSFER.—The Secretary shall transfer to 

2 the Department of the Interior, as a consolidated 

3 amount for covered programs, the Indian education 

4 programs under subpart 6 of part A of title I, and 

5 the education for homeless children and youth pro6 gram under subtitle B of title VII of the McKinney7 Vento Homeless Assistance Act, the amounts allotted 

8 to the Department of the Interior under those pro9 grams. 

10 ‘‘(2) AGREEMENT.— 

11 ‘‘(A) IN GENERAL.—The Secretary and the 

12 Secretary of the Interior shall enter into an 

13 agreement, consistent with the requirements of 

14 the programs specified in paragraph (1), for the 

15 distribution and use of those program funds 

16 under terms that the Secretary determines best 

17 meet the purposes of those programs. 

18 ‘‘(B) CONTENTS.—The agreement shall— 

19 ‘‘(i) set forth the plans of the Secretary 

20 of the Interior for the use of the amount 

21 transferred and the achievement measures to 

22 assess program effectiveness; and 

23 ‘‘(ii) be developed in consultation with 

24 Indian tribes. 


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1 ‘‘(b) ADMINISTRATION.—The Department of the Inte2 rior may use not more than 1.5 percent of the funds consoli3 dated under this section for its costs related to the adminis4 tration of the funds transferred under this section. 

5 ‘‘PART C—COORDINATION OF PROGRAMS; CONSOLIDATED

6 STATE AND LOCAL PLANS AND APPLICATIONS

7 ‘‘SEC. 5301. PURPOSES. 

8 ‘‘The purposes of this part are— 

9 ‘‘(1) to improve teaching and learning by en10 couraging greater cross-program coordination, plan11 ning, and service delivery; 

12 ‘‘(2) to provide greater flexibility to State and 

13 local authorities through consolidated plans, applica14 tions, and reporting; and 

15 ‘‘(3) to enhance the integration of programs 

16 under this Act with State and local programs. 

17 ‘‘SEC. 5302. OPTIONAL CONSOLIDATED STATE PLANS OR AP18 PLICATIONS. 

19 ‘‘(a) GENERAL AUTHORITY.— 

20 ‘‘(1) SIMPLIFICATION.—In order to simplify ap21 plication requirements and reduce the burden for 

22 State educational agencies under this Act, the Sec23 retary, in accordance with subsection (b), shall estab24 lish procedures and criteria under which, after con25 sultation with the Governor, a State educational 


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1 agency may submit a consolidated State plan or a 

2 consolidated State application meeting the require3 ments of this section for— 

4 ‘‘(A) each of the covered programs in which 

5 the State participates; and 

6 ‘‘(B) such other programs as the Secretary 

7 may designate. 

8 ‘‘(2) CONSOLIDATED APPLICATIONS AND

9 PLANS.—After consultation with the Governor, a 

10 State educational agency that submits a consolidated 

11 State plan or a consolidated State application under 

12 this section shall not be required to submit separate 

13 State plans or applications under any of the pro14 grams to which the consolidated State plan or consoli15 dated State application under this section applies. 

16 ‘‘(b) COLLABORATION.— 

17 ‘‘(1) IN GENERAL.—In establishing criteria and 

18 procedures under this section, the Secretary shall col19 laborate with State educational agencies and, as ap20 propriate, with other State agencies, local educational 

21 agencies, public and private agencies, organizations, 

22 and institutions, private schools, and parents, stu23 dents, and teachers. 

24 ‘‘(2) CONTENTS.—Through the collaborative 

25 process described in paragraph (1), the Secretary 


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1 shall establish, for each program under this Act to 

2 which this section applies, the descriptions, informa3 tion, assurances, and other material required to be in4 cluded in a consolidated State plan or consolidated 

5 State application. 

6 ‘‘(3) NECESSARY MATERIALS.—The Secretary 

7 shall require only descriptions, information, assur8 ances (including assurances of compliance with appli9 cable provisions regarding participation by private 

10 school children and teachers), and other materials 

11 that are absolutely necessary for the consideration of 

12 the consolidated State plan or consolidated State ap13 plication. 

14 ‘‘SEC. 5303. CONSOLIDATED REPORTING. 

15 ‘‘(a) IN GENERAL.—In order to simplify reporting re16 quirements and reduce reporting burdens, the Secretary 

17 shall establish procedures and criteria under which a State 

18 educational agency, in consultation with the Governor of 

19 the State, may submit a consolidated State annual report. 

20 ‘‘(b) CONTENTS.—The report shall contain informa21 tion about the programs included in the report, including 

22 the performance of the State under those programs, and 

23 other matters as the Secretary determines are necessary, 

24 such as monitoring activities. 


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1 ‘‘(c) REPLACEMENT.—The report shall replace sepa2 rate individual annual reports for the programs included 

3 in the consolidated State annual report. 

4 ‘‘SEC. 5304. GENERAL APPLICABILITY OF STATE EDU5 CATIONAL AGENCY ASSURANCES. 

6 ‘‘(a) ASSURANCES.—A State educational agency, in 

7 consultation with the Governor of the State, that submits 

8 a consolidated State plan or consolidated State application 

9 under this Act, whether separately or under section 5302, 

10 shall have on file with the Secretary a single set of assur11 ances, applicable to each program for which the plan or 

12 application is submitted, that provides that— 

13 ‘‘(1) each such program will be administered in 

14 accordance with all applicable statutes, regulations, 

15 program plans, and applications; 

16 ‘‘(2)(A) the control of funds provided under each 

17 such program and title to property acquired with 

18 program funds will be in a public agency, an eligible 

19 private agency, institution, or organization, or an In20 dian tribe, if the law authorizing the program pro21 vides for assistance to those entities; and 

22 ‘‘(B) the public agency, eligible private agency, 

23 institution, or organization, or Indian tribe will ad24 minister those funds and property to the extent re25 quired by the authorizing law; 


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1 ‘‘(3) the State will adopt and use proper methods 

2 of administering each such program, including— 

3 ‘‘(A) the enforcement of any obligations im4 posed by law on agencies, institutions, organiza5 tions, and other recipients responsible for car6 rying out each program; 

7 ‘‘(B) the correction of deficiencies in pro8 gram operations that are identified through au9 dits, monitoring, or evaluation; and 

10 ‘‘(C) the adoption of written procedures for 

11 the receipt and resolution of complaints alleging 

12 violations of law in the administration of the 

13 programs; 

14 ‘‘(4) the State will cooperate in carrying out any 

15 evaluation of each such program conducted by or for 

16 the Secretary or other Federal officials; 

17 ‘‘(5) the State will use such fiscal control and 

18 fund accounting procedures that will ensure proper 

19 disbursement of, and accounting for, Federal funds 

20 paid to the State under each such program; 

21 ‘‘(6) the State will— 

22 ‘‘(A) make reports to the Secretary as may 

23 be necessary to enable the Secretary to perform 

24 the Secretary’s duties under each such program; 

25 and 


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1 ‘‘(B) maintain such records, provide such 

2 information to the Secretary, and afford such ac3 cess to the records as the Secretary may find nec4 essary to carry out the Secretary’s duties; and 

5 ‘‘(7) before the plan or application was sub6 mitted to the Secretary, the State afforded a reason7 able opportunity for public comment on the plan or 

8 application and considered such comment. 

9 ‘‘(b) GEPA PROVISION.—Section 441 of the General 

10 Education Provisions Act shall not apply to programs 

11 under this Act. 

12 ‘‘SEC. 5305. CONSOLIDATED LOCAL PLANS OR APPLICA13 TIONS. 

14 ‘‘(a) GENERAL AUTHORITY.— 

15 ‘‘(1) CONSOLIDATED PLAN.—A local educational 

16 agency receiving funds under more than one covered 

17 program may submit plans or applications to the 

18 State educational agency under those programs on a 

19 consolidated basis. 

20 ‘‘(2) AVAILABILITY TO GOVERNOR.—The State 

21 educational agency shall make any consolidated local 

22 plans and applications available to the Governor. 

23 ‘‘(b) REQUIRED CONSOLIDATED PLANS OR APPLICA24 TIONS.—A State educational agency that has an approved 

25 consolidated State plan or application under section 5302 


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1 may require local educational agencies in the State receiv2 ing funds under more than one program included in the 

3 consolidated State plan or consolidated State application 

4 to submit consolidated local plans or applications under 

5 those programs, but may not require those agencies to sub6 mit separate plans. 

7 ‘‘(c) COLLABORATION.—A State educational agency, in 

8 consultation with the Governor, shall collaborate with local 

9 educational agencies in the State in establishing procedures 

10 for the submission of the consolidated State plans or consoli11 dated State applications under this section. 

12 ‘‘(d) NECESSARY MATERIALS.—The State educational 

13 agency shall require only descriptions, information, assur14 ances, and other material that are absolutely necessary for 

15 the consideration of the local educational agency plan or 

16 application. 

17 ‘‘SEC. 5306. OTHER GENERAL ASSURANCES. 

18 ‘‘(a) ASSURANCES.—Any applicant, other than a State 

19 educational agency that submits a plan or application 

20 under this Act, shall have on file with the State educational 

21 agency a single set of assurances, applicable to each pro22 gram for which a plan or application is submitted, that 

23 provides that— 


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1 ‘‘(1) each such program will be administered in 

2 accordance with all applicable statutes, regulations, 

3 program plans, and applications; 

4 ‘‘(2)(A) the control of funds provided under each 

5 such program and title to property acquired with 

6 program funds will be in a public agency or in an 

7 eligible private agency, institution, organization, or 

8 Indian tribe, if the law authorizing the program pro9 vides for assistance to those entities; and 

10 ‘‘(B) the public agency, eligible private agency, 

11 institution, or organization, or Indian tribe will ad12 minister the funds and property to the extent required 

13 by the authorizing statutes; 

14 ‘‘(3) the applicant will adopt and use proper 

15 methods of administering each such program, includ16 ing— 

17 ‘‘(A) the enforcement of any obligations im18 posed by law on agencies, institutions, organiza19 tions, and other recipients responsible for car20 rying out each program; and 

21 ‘‘(B) the correction of deficiencies in pro22 gram operations that are identified through au23 dits, monitoring, or evaluation; 

24 ‘‘(4) the applicant will cooperate in carrying out 

25 any evaluation of each such program conducted by or 


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1 for the State educational agency, the Secretary, or 

2 other Federal officials; 

3 ‘‘(5) the applicant will use such fiscal control 

4 and fund accounting procedures as will ensure proper 

5 disbursement of, and accounting for, Federal funds 

6 paid to the applicant under each such program; 

7 ‘‘(6) the applicant will— 

8 ‘‘(A) submit such reports to the State edu9 cational agency (which shall make the reports 

10 available to the Governor) and the Secretary as 

11 the State educational agency and Secretary may 

12 require to enable the State educational agency 

13 and the Secretary to perform their duties under 

14 each such program; and 

15 ‘‘(B) maintain such records, provide such 

16 information, and afford such access to the 

17 records as the State educational agency (after 

18 consultation with the Governor) or the Secretary 

19 may reasonably require to carry out the State 

20 educational agency’s or the Secretary’s duties; 

21 and 

22 ‘‘(7) before the application was submitted, the 

23 applicant afforded a reasonable opportunity for pub24 lic comment on the application and considered such 

25 comment. 


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1 ‘‘(b) GEPA PROVISION.—Section 442 of the General 

2 Education Provisions Act shall not apply to programs 

3 under this Act. 

4 ‘‘PART D—WAIVERS

5 ‘‘SEC. 5401. WAIVERS OF STATUTORY AND REGULATORY RE6 QUIREMENTS. 

7 ‘‘(a) IN GENERAL.— 

8 ‘‘(1) REQUEST FOR WAIVER.—A State edu9 cational agency, local educational agency, or Indian 

10 tribe that receives funds under a program authorized 

11 under this Act may submit a request to the Secretary 

12 to waive any statutory or regulatory requirement of 

13 this Act. 

14 ‘‘(2) RECEIPT OF WAIVER.—Except as provided 

15 in subsection (c) and subject to the limits in sub16 section (b)(5)(A), the Secretary shall waive any statu17 tory or regulatory requirement of this Act for a State 

18 educational agency, local educational agency, Indian 

19 tribe, or school (through a local educational agency), 

20 that submits a waiver request pursuant to this sub21 section. 

22 ‘‘(b) PLAN.— 

23 ‘‘(1) IN GENERAL.—A State educational agency, 

24 local educational agency, or Indian tribe that desires 

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1 quest to the Secretary, which shall include a plan 

2 that— 

3 ‘‘(A) identifies the Federal programs af4 fected by the requested waiver; 

5 ‘‘(B) describes which Federal statutory or 

6 regulatory requirements are to be waived; 

7 ‘‘(C) reasonably demonstrates that the waiv8 er will improve instruction for students and ad9 vance student academic achievement; 

10 ‘‘(D) describes the methods the State edu11 cational agency, local educational agency, or In12 dian tribe will use to monitor the effectiveness of 

13 the implementation of the plan; 

14 ‘‘(E) describes the State educational agency, 

15 local educational agency, or Indian tribe’s proc16 ess for holding public schools accountable for stu17 dent academic achievement and intervening in 

18 low performing schools; and 

19 ‘‘(F) describes how schools will continue to 

20 provide assistance to the same populations served 

21 by programs for which the waiver is requested. 

22 ‘‘(2) ADDITIONAL INFORMATION.—A waiver re23 quest under this section— 

24 ‘‘(A) may provide for waivers of require25 ments applicable to State educational agencies, 


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1 local educational agencies, Indian tribes, and 

2 schools; and 

3 ‘‘(B) shall be developed and submitted— 

4 ‘‘(i)(I) by local educational agencies 

5 (on behalf of those agencies and schools) to 

6 State educational agencies; and 

7 ‘‘(II) by State educational agencies (on 

8 their own behalf, or on behalf of, and based 

9 on the requests of, local educational agencies 

10 in the State) to the Secretary; or 

11 ‘‘(ii) by Indian tribes (on behalf of 

12 schools operated by the tribes) to the Sec13 retary. 

14 ‘‘(3) GENERAL REQUIREMENTS.— 

15 ‘‘(A) STATE EDUCATIONAL AGENCIES.—In 

16 the case of a waiver request submitted by a State 

17 educational agency acting on its own behalf, or 

18 on behalf of local educational agencies in the 

19 State, the State educational agency shall— 

20 ‘‘(i) provide the public and local edu21 cational agencies in the State with notice 

22 and a reasonable opportunity to comment 

23 and provide input on the request; 

24 ‘‘(ii) submit the comments and input 

25 to the Secretary, with a description of how 


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1 the State addressed the comments and 

2 input; and 

3 ‘‘(iii) provide notice and a reasonable 

4 time to comment to the public and local 

5 educational agencies in the manner in 

6 which the applying agency customarily pro7 vides similar notice and opportunity to 

8 comment to the public. 

9 ‘‘(B) LOCAL EDUCATIONAL AGENCIES.—In 

10 the case of a waiver request submitted by a local 

11 educational agency that receives funds under this 

12 Act— 

13 ‘‘(i) the request shall be reviewed by the 

14 State educational agency and be accom15 panied by the comments, if any, of the State 

16 educational agency and the public; and 

17 ‘‘(ii) notice and a reasonable oppor18 tunity to comment regarding the waiver re19 quest shall be provided to the State edu20 cational agency and the public by the agen21 cy requesting the waiver in the manner in 

22 which that agency customarily provides 

23 similar notice and opportunity to comment 

24 to the public. 

25 ‘‘(4) PEER REVIEW.— 


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1 ‘‘(A) ESTABLISHMENT.—The Secretary shall 

2 establish a multi-disciplinary peer review team 

3 to review waiver requests under this section. 

4 ‘‘(B) APPLICABILITY.—The Secretary may 

5 approve a waiver request under this section 

6 without conducting a peer review of the request, 

7 but shall use the peer review process under this 

8 paragraph before disapproving such a request. 

9 ‘‘(C) STANDARD AND NATURE OF REVIEW.— 

10 Peer reviewers shall conduct a good faith review 

11 of waiver requests submitted to them under this 

12 section. Peer reviewers shall review such waiver 

13 requests— 

14 ‘‘(i) in their totality; 

15 ‘‘(ii) in deference to State and local 

16 judgment; and 

17 ‘‘(iii) with the goal of promoting State18 and local-led innovation. 

19 ‘‘(5) WAIVER DETERMINATION, DEMONSTRATION, 

20 AND REVISION.— 

21 ‘‘(A) IN GENERAL.—The Secretary shall ap22 prove a waiver request not more than 60 days 

23 after the date on which such request is submitted, 

24 unless the Secretary determines and dem25 onstrates that— 


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1 ‘‘(i) the waiver request does not meet 

2 the requirements of this section; 

3 ‘‘(ii) the waiver is not permitted under 

4 subsection (c); 

5 ‘‘(iii) the plan that is required under 

6 paragraph (1)(C), and reviewed with def7 erence to State and local judgment, provides 

8 no reasonable evidence to determine that a 

9 waiver will enhance student academic 

10 achievement; or 

11 ‘‘(iv) the waiver request does not pro12 vide for adequate evaluation to ensure re13 view and continuous improvement of the 

14 plan. 

15 ‘‘(B) WAIVER DETERMINATION AND REVI16 SION.—If the Secretary determines and dem17 onstrates that the waiver request does not meet 

18 the requirements of this section, the Secretary 

19 shall— 

20 ‘‘(i) immediately— 

21 ‘‘(I) notify the State educational 

22 agency, local educational agency, or 

23 Indian tribe of such determination; 

24 and 


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1 ‘‘(II) at the request of the State 

2 educational agency, local educational 

3 agency, or Indian tribe, provide de4 tailed reasons for such determination 

5 in writing; 

6 ‘‘(ii) offer the State educational agen7 cy, local educational agency, or Indian tribe 

8 an opportunity to revise and resubmit the 

9 waiver request not more than 60 days after 

10 the date of such determination; and 

11 ‘‘(iii) if the Secretary determines that 

12 the resubmission does not meet the require13 ments of this section, at the request of the 

14 State educational agency, local educational 

15 agency, or Indian tribe, conduct a public 

16 hearing not more than 30 days after the 

17 date of such resubmission. 

18 ‘‘(C) WAIVER DISAPPROVAL.—The Secretary 

19 may disapprove a waiver request if— 

20 ‘‘(i) the State educational agency, local 

21 educational agency, or Indian tribe has 

22 been notified and offered an opportunity to 

23 revise and resubmit the waiver request, as 

24 described under clauses (i) and (ii) of sub25 paragraph (B); and 


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1 ‘‘(ii) the State educational agency, 

2 local educational agency, or Indian tribe— 

3 ‘‘(I) does not revise and resubmit 

4 the waiver request; or 

5 ‘‘(II) revises and resubmits the 

6 waiver request, and the Secretary de7 termines that such waiver request does 

8 not meet the requirements of this sec9 tion after a hearing conducted under 

10 subparagraph (B)(iii), if requested. 

11 ‘‘(D) EXTERNAL CONDITIONS.—The Sec12 retary shall not require or impose new or addi13 tional requirements in exchange for receipt of a 

14 waiver if such requirements are not specified in 

15 this Act. 

16 ‘‘(c) RESTRICTIONS.—The Secretary shall not waive 

17 under this section any statutory or regulatory requirements 

18 relating to— 

19 ‘‘(1) the allocation or distribution of funds to 

20 States, local educational agencies, Indian tribes, or 

21 other recipients of funds under this Act; 

22 ‘‘(2) comparability of services; 

23 ‘‘(3) use of Federal funds to supplement, not sup24 plant, non-Federal funds; 


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1 ‘‘(4) equitable participation of private school stu2 dents and teachers; 

3 ‘‘(5) parental participation and involvement; 

4 ‘‘(6) applicable civil rights requirements; 

5 ‘‘(7) the prohibitions— 

6 ‘‘(A) in subpart 2 of part E; 

7 ‘‘(B) regarding use of funds for religious 

8 worship or instruction in section 5505; and 

9 ‘‘(C) regarding activities in section 5524; or 

10 ‘‘(8) the selection of a school attendance area or 

11 school under subsections (a) and (b) of section 1113, 

12 except that the Secretary may grant a waiver to allow 

13 a school attendance area or school to participate in 

14 activities under subpart 1 of part A of title I if the 

15 percentage of children from low-income families in 

16 the school attendance area or who attend the school is 

17 not more than 10 percentage points below the lowest 

18 percentage of those children for any school attendance 

19 area or school of the local educational agency that 

20 meets the requirements of subsections (a) and (b) of 

21 section 1113. 

22 ‘‘(d) DURATION AND EXTENSION OF WAIVER; LIMITA23 TIONS.— 


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1 ‘‘(1) IN GENERAL.—Except as provided in para2 graph (2), a waiver approved by the Secretary under 

3 this section may be for a period not to exceed 3 years. 

4 ‘‘(2) EXTENSION.—The Secretary may extend the 

5 period described in paragraph (1) if the State dem6 onstrates that— 

7 ‘‘(A) the waiver has been effective in ena8 bling the State or affected recipient to carry out 

9 the activities for which the waiver was requested 

10 and the waiver has contributed to improved stu11 dent achievement; and 

12 ‘‘(B) the extension is in the public interest. 

13 ‘‘(3) SPECIFIC LIMITATIONS.—The Secretary 

14 shall not require a State educational agency, local 

15 educational agency, or Indian tribe, as a condition of 

16 approval of a waiver request, to— 

17 ‘‘(A) include in, or delete from, such request, 

18 specific academic standards; 

19 ‘‘(B) use specific academic assessment in20 struments or items; or 

21 ‘‘(C) include in, or delete from, such waiver 

22 request any criterion that specifies, defines, or 

23 prescribes the standards or measures that a State 

24 or local educational agency or Indian tribe uses 

25 to establish, implement, or improve— 


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1 ‘‘(i) State academic standards; 

2 ‘‘(ii) academic assessments; 

3 ‘‘(iii) State accountability systems; or 

4 ‘‘(iv) teacher and school leader evalua5 tion systems. 

6 ‘‘(e) REPORTS.— 

7 ‘‘(1) WAIVER REPORTS.—A State educational 

8 agency, local educational agency, or Indian tribe that 

9 receives a waiver under this section shall, at the end 

10 of the second year for which a waiver is received 

11 under this section and each subsequent year, submit 

12 a report to the Secretary that— 

13 ‘‘(A) describes the uses of the waiver by the 

14 agency or by schools; 

15 ‘‘(B) describes how schools continued to pro16 vide assistance to the same populations served by 

17 the programs for which waivers were granted; 

18 and 

19 ‘‘(C) evaluates the progress of the agency 

20 and schools, or Indian tribe, in improving the 

21 quality of instruction or the academic achieve22 ment of students. 

23 ‘‘(2) REPORT TO CONGRESS.—The Secretary 

24 shall annually submit to the Committee on Education 

25 and the Workforce of the House of Representatives 


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1 and the Committee on Health, Education, Labor, and 

2 Pensions of the Senate a report— 

3 ‘‘(A) summarizing the uses of waivers by 

4 State educational agencies, local educational 

5 agencies, Indian tribes, and schools; and 

6 ‘‘(B) describing the status of the waivers in 

7 improving academic achievement. 

8 ‘‘(f) TERMINATION OF WAIVERS.—The Secretary shall 

9 terminate a waiver under this section if the Secretary deter10 mines, after notice and an opportunity for a hearing, that 

11 the performance of the State or other recipient affected by 

12 the waiver has been inadequate to justify a continuation 

13 of the waiver and the recipient of the waiver has failed to 

14 make revisions needed to carry out the purpose of the waiv15 er, or if the waiver is no longer necessary to achieve its 

16 original purpose. 

17 ‘‘(g) PUBLICATION.—A notice of the Secretary’s deci18 sion to grant each waiver under subsection (a) shall be pub19 lished in the Federal Register and the Secretary shall pro20 vide for the dissemination of the notice to State educational 

21 agencies, interested parties, including educators, parents, 

22 students, advocacy and civil rights organizations, and the 

23 public. 


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1 ‘‘PART E—UNIFORM PROVISIONS

2 ‘‘SUBPART 1—PRIVATE SCHOOLS

3 ‘‘SEC. 5501. PARTICIPATION BY PRIVATE SCHOOL CHIL4 DREN AND TEACHERS. 

5 ‘‘(a) PRIVATE SCHOOL PARTICIPATION.— 

6 ‘‘(1) IN GENERAL.—Except as otherwise provided 

7 in this Act, to the extent consistent with the number 

8 of eligible children in areas served by a State edu9 cational agency, local educational agency, educational 

10 service agency, consortium of those agencies, or an11 other entity receiving financial assistance under a 

12 program specified in subsection (b), who are enrolled 

13 in private elementary schools and secondary schools 

14 in areas served by such agency, consortium, or entity, 

15 the agency, consortium, or entity shall, after timely 

16 and meaningful consultation with appropriate pri17 vate school officials or their representatives, provide to 

18 those children and their teachers or other educational 

19 personnel, on an equitable basis, special educational 

20 services or other benefits that address their needs 

21 under the program. 

22 ‘‘(2) SECULAR, NEUTRAL, AND NONIDEOLOGICAL

23 SERVICES OR BENEFITS.—Educational services or 

24 other benefits, including materials and equipment, 


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1 provided under this section, shall be secular, neutral, 

2 and nonideological. 

3 ‘‘(3) SPECIAL RULE.—Educational services and 

4 other benefits provided under this section for private 

5 school children, teachers, and other educational per6 sonnel shall be equitable in comparison to services 

7 and other benefits for public school children, teachers, 

8 and other educational personnel participating in the 

9 program and shall be provided in a timely manner. 

10 ‘‘(4) EXPENDITURES.— 

11 ‘‘(A) IN GENERAL.—Expenditures for edu12 cational services and other benefits to eligible 

13 private school children, teachers, and other serv14 ice personnel shall be equal to the expenditures 

15 for participating public school children, taking 

16 into account the number and educational needs, 

17 of the children to be served. 

18 ‘‘(B) OBLIGATION OF FUNDS.—Funds allo19 cated to a local educational agency for edu20 cational services and other benefits to eligible 

21 private school children shall— 

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

23 which the funds are received by the agency; 

24 and 


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

2 that cannot be so obligated, be used to serve 

3 such children in the following fiscal year. 

4 ‘‘(C) NOTICE OF ALLOCATION.—Each State 

5 educational agency shall— 

6 ‘‘(i) determine, in a timely manner, 

7 the proportion of funds to be allocated to 

8 each local educational agency in the State 

9 for educational services and other benefits 

10 under this subpart to eligible private school 

11 children; and 

12 ‘‘(ii) provide notice, simultaneously, to 

13 each such local educational agency and the 

14 appropriate private school officials or their 

15 representatives in the State of such alloca16 tion of funds. 

17 ‘‘(5) PROVISION OF SERVICES.—An agency, con18 sortium, or entity described in subsection (a)(1) of 

19 this section may provide those services directly or 

20 through contracts with public and private agencies, 

21 organizations, and institutions. 

22 ‘‘(b) APPLICABILITY.— 

23 ‘‘(1) IN GENERAL.—This section applies to pro24 grams under— 

25 ‘‘(A) subpart 2 of part A of title I; 


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1 ‘‘(B) subpart 4 of part A of title I; 

2 ‘‘(C) part A of title II; 

3 ‘‘(D) part B of title II; and 

4 ‘‘(E) part B of title III. 

5 ‘‘(2) DEFINITION.—For the purpose of this sec6 tion, the term ‘eligible children’ means children eligi7 ble for services under a program described in para8 graph (1). 

9 ‘‘(c) CONSULTATION.— 

10 ‘‘(1) IN GENERAL.—To ensure timely and mean11 ingful consultation, a State educational agency, local 

12 educational agency, educational service agency, con13 sortium of those agencies, or entity shall consult, in 

14 order to reach an agreement, with appropriate pri15 vate school officials or their representatives during the 

16 design and development of the programs under this 

17 Act, on issues such as— 

18 ‘‘(A) how the children’s needs will be identi19 fied; 

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

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

22 will be provided; 

23 ‘‘(D) how the services will be assessed and 

24 how the results of the assessment will be used to 

25 improve those services; 


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1 ‘‘(E) the size and scope of the equitable serv2 ices to be provided to the eligible private school 

3 children, teachers, and other educational per4 sonnel and the amount of funds available for 

5 those services; 

6 ‘‘(F) how and when the agency, consortium, 

7 or entity will make decisions about the delivery 

8 of services, including a thorough consideration 

9 and analysis of the views of the private school of10 ficials or their representatives on the provision of 

11 services through potential third-party providers 

12 or contractors; and 

13 ‘‘(G) how, if the agency disagrees with the 

14 views of the private school officials or their rep15 resentatives on the provision of services through 

16 a contract, the local educational agency will pro17 vide in writing to such private school officials or 

18 their representatives an analysis of the reasons 

19 why the local educational agency has chosen not 

20 to use a contractor. 

21 ‘‘(2) DISAGREEMENT.—If the agency, consor22 tium, or entity disagrees with the views of the private 

23 school officials or their representatives with respect to 

24 an issue described in paragraph (1), the agency, con25 sortium, or entity shall provide to the private school 


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1 officials or their representatives a written explanation 

2 of the reasons why the local educational agency has 

3 chosen not to adopt the course of action requested by 

4 such officials or their representatives. 

5 ‘‘(3) TIMING.—The consultation required by 

6 paragraph (1) shall occur before the agency, consor7 tium, or entity makes any decision that affects the op8 portunities of eligible private school children, teachers, 

9 and other educational personnel to participate in pro10 grams under this Act, and shall continue throughout 

11 the implementation and assessment of activities under 

12 this section. 

13 ‘‘(4) DISCUSSION REQUIRED.—The consultation 

14 required by paragraph (1) shall include a discussion 

15 of service delivery mechanisms that the agency, con16 sortium, or entity could use to provide equitable serv17 ices to eligible private school children, teachers, ad18 ministrators, and other staff. 

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

20 agency shall maintain in the agency’s records and 

21 provide to the State educational agency involved a 

22 written affirmation signed by officials or their rep23 resentatives of each participating private school that 

24 the meaningful consultation required by this section 

25 has occurred. The written affirmation shall provide 


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1 the option for private school officials or their rep2 resentatives to indicate that timely and meaningful 

3 consultation has not occurred or that the program de4 sign is not equitable with respect to eligible private 

5 school children. If such officials or their representa6 tives do not provide such affirmation within a rea7 sonable period of time, the local educational agency 

8 shall forward the documentation that such consulta9 tion has, or attempts at such consultation have, taken 

10 place to the State educational agency. 

11 ‘‘(6) COMPLIANCE.— 

12 ‘‘(A) IN GENERAL.—If the consultation re13 quired under this section is with a local edu14 cational agency or educational service agency, a 

15 private school official or representative shall 

16 have the right to file a complaint with the State 

17 educational agency that the consultation re18 quired under this section was not meaningful 

19 and timely, did not give due consideration to the 

20 views of the private school official or representa21 tive, or did not treat the private school or its stu22 dents equitably as required by this section. 

23 ‘‘(B) PROCEDURE.—If the private school of24 ficial or representative wishes to file a com25 plaint, the private school official or representaVerDate Mar 15 2010 21:20 Apr 27, 2012 Jkt 019200 PO 00000 Frm 00310 Fmt 6652 Sfmt 6203 E:\BILLS\H3989.RH H3989

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1 tive shall provide the basis of the noncompliance 

2 with this section and all parties shall provide the 

3 appropriate documentation to the appropriate 

4 officials or representatives. 

5 ‘‘(C) SERVICES.—A State educational agen6 cy shall provide services under this section di7 rectly or through contracts with public and pri8 vate agencies, organizations, and institutions, 

9 if— 

10 ‘‘(i) the appropriate private school offi11 cials or their representatives have— 

12 ‘‘(I) requested that the State edu13 cational agency provide such services 

14 directly; and 

15 ‘‘(II) demonstrated that the local 

16 educational agency or Education Serv17 ice Agency involved has not met the re18 quirements of this section; or 

19 ‘‘(ii) in a case in which— 

20 ‘‘(I) a local educational agency 

21 has more than 10,000 children from 

22 low-income families who attend private 

23 elementary schools or secondary schools 

24 in such agency’s school attendance 

25 areas, as defined in section 


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1 1113(a)(2)(A), that are not being 

2 served by the agency’s program under 

3 this section; or 

4 ‘‘(II) 90 percent of the eligible 

5 private school students in a school at6 tendance area, as defined in section 

7 1113(a)(2)(A), are not being served by 

8 the agency’s program under this sec9 tion. 

10 ‘‘(d) PUBLIC CONTROL OF FUNDS.— 

11 ‘‘(1) IN GENERAL.—The control of funds used to 

12 provide services under this section, and title to mate13 rials, equipment, and property purchased with those 

14 funds, shall be in a public agency for the uses and 

15 purposes provided in this Act, and a public agency 

16 shall administer the funds and property. 

17 ‘‘(2) PROVISION OF SERVICES.— 

18 ‘‘(A) IN GENERAL.—The provision of serv19 ices under this section shall be provided— 

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

21 or 

22 ‘‘(ii) through contract by the public 

23 agency with an individual, association, 

24 agency, organization, or other entity. 


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1 ‘‘(B) INDEPENDENCE; PUBLIC AGENCY.—In 

2 the provision of those services, the employee, per3 son, association, agency, organization, or other 

4 entity shall be independent of the private school 

5 and of any religious organization, and the em6 ployment or contract shall be under the control 

7 and supervision of the public agency. 

8 ‘‘(C) COMMINGLING OF FUNDS PROHIB9 ITED.—Funds used to provide services under this 

10 section shall not be commingled with non-Fed11 eral funds. 

12 ‘‘SEC. 5502. STANDARDS FOR BY-PASS. 

13 ‘‘(a) IN GENERAL.—If, by reason of any provision of 

14 law, a State educational agency, local educational agency, 

15 educational service agency, consortium of those agencies, or 

16 other entity is prohibited from providing for the participa17 tion in programs of children enrolled in, or teachers or other 

18 educational personnel from, private elementary schools and 

19 secondary schools, on an equitable basis, or if the Secretary 

20 determines that the agency, consortium, or entity has sub21 stantially failed or is unwilling to provide for that partici22 pation, as required by section 5501, the Secretary shall— 

23 ‘‘(1) waive the requirements of that section for 

24 the agency, consortium, or entity; and 


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1 ‘‘(2) arrange for the provision of equitable serv2 ices to those children, teachers, or other educational 

3 personnel through arrangements that shall be subject 

4 to the requirements of this section and of sections 

5 5501, 5503, and 5504. 

6 ‘‘(b) DETERMINATION.—In making the determination 

7 under subsection (a), the Secretary shall consider one or 

8 more factors, including the quality, size, scope, and location 

9 of the program, and the opportunity of private school chil10 dren, teachers, and other educational personnel to partici11 pate in the program. 

12 ‘‘SEC. 5503. COMPLAINT PROCESS FOR PARTICIPATION OF 

13 PRIVATE SCHOOL CHILDREN. 

14 ‘‘(a) PROCEDURES FOR COMPLAINTS.—The Secretary 

15 shall develop and implement written procedures for receiv16 ing, investigating, and resolving complaints from parents, 

17 teachers, or other individuals and organizations concerning 

18 violations of section 5501 by a State educational agency, 

19 local educational agency, educational service agency, con20 sortium of those agencies, or entity. The individual or orga21 nization shall submit the complaint to the State educational 

22 agency for a written resolution by the State educational 

23 agency within 45 days. 

24 ‘‘(b) APPEALS TO SECRETARY.—The resolution may be 

25 appealed by an interested party to the Secretary not later 


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1 than 30 days after the State educational agency resolves 

2 the complaint or fails to resolve the complaint within the 

3 45-day time limit. The appeal shall be accompanied by a 

4 copy of the State educational agency’s resolution, and, if 

5 there is one, a complete statement of the reasons supporting 

6 the appeal. The Secretary shall investigate and resolve the 

7 appeal not later than 90 days after receipt of the appeal. 

8 ‘‘SUBPART 2—PROHIBITIONS

9 ‘‘SEC. 5521. PROHIBITION AGAINST FEDERAL MANDATES, 

10 DIRECTION, OR CONTROL. 

11 ‘‘(a) IN GENERAL.—No officer or employee of the Fed12 eral Government shall, directly or indirectly – through 

13 grants, contracts, or other cooperative agreements – man14 date, direct, or control a State, local educational agency, 

15 or school’s specific instructional content, academic stand16 ards and assessments, curricula, or program of instruction, 

17 nor shall anything in this Act be construed to authorize 

18 such officer or employee to do so. 

19 ‘‘(b) FINANCIAL SUPPORT.—No officer or employee of 

20 the Federal Government shall, directly or indirectly – 

21 through grants, contracts, or other cooperative agreements 

22 – make financial support available in a manner that is 

23 conditioned upon a State, local educational agency, or 

24 school’s adoption of specific instructional content, academic 

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1 struction even if such requirements are specified in an Act 

2 other than this Act, nor shall anything in this Act be con3 strued to authorize such officer or employee to do so. 

4 ‘‘SEC. 5522. PROHIBITIONS ON FEDERAL GOVERNMENT AND 

5 USE OF FEDERAL FUNDS. 

6 ‘‘(a) GENERAL PROHIBITION.—Nothing in this Act 

7 shall be construed to authorize an officer or employee of the 

8 Federal Government directly or indirectly – whether 

9 through a grant, contract, or cooperative agreement – to 

10 mandate, direct, or control a State, local educational agen11 cy, or school’s curriculum, program of instruction, or allo12 cation of State or local resources, or mandate a State or 

13 any subdivision thereof to spend any funds or incur any 

14 costs not paid for under this Act. 

15 ‘‘(b) PROHIBITION ON ENDORSEMENT OF CUR16 RICULUM.—Notwithstanding any other prohibition of Fed17 eral law, no funds provided to the Department under this 

18 Act may be used by the Department directly or indirectly 

19 – whether through a grant, contract, or cooperative agree20 ment – to endorse, approve, develop, require, or sanction 

21 any curriculum designed to be used in an elementary school 

22 or secondary school. 

23 ‘‘(c) LOCAL CONTROL.—Nothing in this Act shall be 

24 construed to— 


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1 ‘‘(1) authorize an officer or employee of the Fed2 eral Government directly or indirectly – whether 

3 through a grant, contract, or cooperative agreement – 

4 to mandate, direct, review, or control a State, local 

5 educational agency, or school’s instructional content, 

6 curriculum, and related activities; 

7 ‘‘(2) limit the application of the General Edu8 cation Provisions Act; 

9 ‘‘(3) require the distribution of scientifically or 

10 medically false or inaccurate materials or to prohibit 

11 the distribution of scientifically or medically true or 

12 accurate materials; or 

13 ‘‘(4) create any legally enforceable right. 

14 ‘‘(d) PROHIBITION ON REQUIRING FEDERAL AP15 PROVAL OR CERTIFICATION OF STANDARDS.—Notwith16 standing any other provision of Federal law, no State shall 

17 be required to have academic standards approved or cer18 tified by the Federal Government, in order to receive assist19 ance under this Act. 

20 ‘‘(e) RULE OF CONSTRUCTION ON BUILDING STAND21 ARDS.—Nothing in this Act shall be construed to mandate 

22 national school building standards for a State, local edu23 cational agency, or school. 


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1 ‘‘SEC. 5523. PROHIBITION ON FEDERALLY SPONSORED 

2 TESTING. 

3 ‘‘(a) GENERAL PROHIBITION.—Notwithstanding any 

4 other provision of Federal law and except as provided in 

5 subsection (b), no funds provided under this Act to the Sec6 retary or to the recipient of any award may be used to 

7 develop, pilot test, field test, implement, administer, or dis8 tribute any federally sponsored national test or testing ma9 terials in reading, mathematics, or any other subject, unless 

10 specifically and explicitly authorized by law. 

11 ‘‘(b) EXCEPTIONS.—Subsection (a) shall not apply to 

12 international comparative assessments developed under the 

13 authority of section 153(a)(5) of the Education Sciences Re14 form Act of 2002 and administered to only a representative 

15 sample of pupils in the United States and in foreign na16 tions. 

17 ‘‘SEC. 5524. LIMITATIONS ON NATIONAL TESTING OR CER18 TIFICATION FOR TEACHERS. 

19 ‘‘(a) MANDATORY NATIONAL TESTING OR CERTIFI20 CATION OF TEACHERS.—Notwithstanding any other provi21 sion of this Act or any other provision of law, no funds 

22 available to the Department or otherwise available under 

23 this Act may be used for any purpose relating to a manda24 tory nationwide test or certification of teachers or education 

25 paraprofessionals, including any planning, development, 


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1 implementation, or administration of such test or certifi2 cation. 

3 ‘‘(b) PROHIBITION ON WITHHOLDING FUNDS.—The 

4 Secretary is prohibited from withholding funds from any 

5 State educational agency or local educational agency if the 

6 State educational agency or local educational agency fails 

7 to adopt a specific method of teacher or paraprofessional 

8 certification. 

9 ‘‘SEC. 5525. PROHIBITED USES OF FUNDS. 

10 ‘‘No funds under this Act may be used— 

11 ‘‘(1) for construction, renovation, or repair of 

12 any school facility, except as authorized under title IV 

13 or otherwise authorized under this Act; 

14 ‘‘(2) for medical services, drug treatment or re15 habilitation, except for specialized instructional sup16 port services or referral to treatment for students who 

17 are victims of, or witnesses to, crime or who illegally 

18 use drugs; 

19 ‘‘(3) for transportation unless otherwise author20 ized under this Act; 

21 ‘‘(4) to develop or distribute materials, or oper22 ate programs or courses of instruction directed at 

23 youth, that are designed to promote or encourage sex24 ual activity, whether homosexual or heterosexual; 


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1 ‘‘(5) to distribute or to aid in the distribution by 

2 any organization of legally obscene materials to mi3 nors on school grounds; 

4 ‘‘(6) to provide sex education or HIV-prevention 

5 education in schools unless that instruction is age ap6 propriate and includes the health benefits of absti7 nence; or 

8 ‘‘(7) to operate a program of contraceptive dis9 tribution in schools. 

10 ‘‘SUBPART 3—OTHER PROVISIONS

11 ‘‘SEC. 5541. ARMED FORCES RECRUITER ACCESS TO STU12 DENTS AND STUDENT RECRUITING INFORMA13 TION. 

14 ‘‘(a) POLICY.— 

15 ‘‘(1) ACCESS TO STUDENT RECRUITING INFORMA16 TION.—Notwithstanding section 444(a)(5)(B) of the 

17 General Education Provisions Act, each local edu18 cational agency receiving assistance under this Act 

19 shall provide, upon a request made by a military re20 cruiter or an institution of higher education, access to 

21 the name, address, and telephone listing of each sec22 ondary school student served by the local educational 

23 agency, unless the parent of such student has sub24 mitted the prior consent request under paragraph (2). 

25 ‘‘(2) CONSENT.— 


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1 ‘‘(A) OPT-OUT PROCESS.—A parent of a 

2 secondary school student may submit a written 

3 request, to the local educational agency, that the 

4 student’s name, address, and telephone listing 

5 not be released for purposes of paragraph (1) 

6 without prior written consent of the parent. 

7 Upon receiving such request, the local edu8 cational agency may not release the student’s 

9 name, address, and telephone listing for such 

10 purposes without the prior written consent of the 

11 parent. 

12 ‘‘(B) NOTIFICATION OF OPT-OUT PROC13 ESS.—Each local educational agency shall notify 

14 the parents of the students served by the agency 

15 of the option to make a request described in sub16 paragraph (A). 

17 ‘‘(3) SAME ACCESS TO STUDENTS.—Each local 

18 educational agency receiving assistance under this 

19 Act shall provide military recruiters the same access 

20 to secondary school students as is provided generally 

21 to institutions of higher education or to prospective 

22 employers of those students. 

23 ‘‘(4) RULE OF CONSTRUCTION PROHIBITING OPT24 IN PROCESSES.—Nothing in this subsection shall be 

25 construed to allow a local educational agency to withVerDate Mar 15 2010 21:20 Apr 27, 2012 Jkt 019200 PO 00000 Frm 00321 Fmt 6652 Sfmt 6203 E:\BILLS\H3989.RH H3989

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1 hold access to a student’s name, address, and tele2 phone listing from a military recruiter or institution 

3 of higher education by implementing an opt-in proc4 ess or any other process other than the written con5 sent request process under paragraph (2)(A). 

6 ‘‘(5) PARENTAL CONSENT.—For purposes of this 

7 subsection, whenever a student has attained 18 years 

8 of age, the permission or consent required of and the 

9 rights accorded to the parents of the student shall only 

10 be required of and accorded to the student. 

11 ‘‘(b) NOTIFICATION.—The Secretary, in consultation 

12 with the Secretary of Defense, shall, not later than 120 days 

13 after the date of enactment of the Student Success Act, no14 tify school leaders, school administrators, and other edu15 cators about the requirements of this section. 

16 ‘‘(c) EXCEPTION.—The requirements of this section do 

17 not apply to a private secondary school that maintains a 

18 religious objection to service in the Armed Forces if the ob19 jection is verifiable through the corporate or other organiza20 tional documents or materials of that school. 

21 ‘‘SEC. 5542. RULEMAKING. 

22 ‘‘The Secretary shall issue regulations under this Act 

23 as prescribed under section 1401 only to the extent that such 

24 regulations are necessary to ensure that there is compliance 


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1 with the specific requirements and assurances required by 

2 this Act. 

3 ‘‘SEC. 5543. PEER REVIEW. 

4 ‘‘(a) IN GENERAL.—If the Secretary uses a peer review 

5 panel to evaluate an application for any program required 

6 under this Act, the Secretary shall conduct it in accordance 

7 with this section. 

8 ‘‘(b) MAKEUP.—The Secretary shall— 

9 ‘‘(1) solicit nominations for peers to serve on the 

10 panel from States that are— 

11 ‘‘(A) practitioners in the subject matter; or 

12 ‘‘(B) experts in the subject matter; and 

13 ‘‘(2) select the peers from such nominees, except 

14 that there shall be at least 75 percent practitioners on 

15 each panel and in each group formed from the panel. 

16 ‘‘(c) GUIDANCE.—The Secretary shall issue the peer re17 view guidance concurrently with the notice of the grant. 

18 ‘‘(d) REPORTING.—The Secretary shall— 

19 ‘‘(1) make the names of the peer reviewers avail20 able to the public before the final deadline for the ap21 plication of the grant; 

22 ‘‘(2) make the peer review notes publically avail23 able once the review has concluded; and 


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1 ‘‘(3) make any deviations from the peer review2 ers’ recommendations available to the public with an 

3 explanation of the deviation. 

4 ‘‘(e) APPLICANT REVIEWS.—An applicant shall have 

5 an opportunity within 30 days to review the peer review 

6 notes and appeal the score to the Secretary prior to the Sec7 retary making any final determination. 

8 ‘‘(f) PROHIBITION.—The Secretary, and the Sec9 retary’s staff, may not attempt to participate in, or influ10 ence, the peer review process. No Federal employee may par11 ticipate in, or attempt to influence the peer review process, 

12 except to respond to questions of a technical nature, which 

13 shall be publicly reported. 

14 ‘‘SEC. 5544. PARENTAL CONSENT. 

15 ‘‘Upon receipt of written notification from the parents 

16 or legal guardians of a student, the local educational agency 

17 shall withdraw such student from any program funded 

18 under part B of title III. The local educational agency shall 

19 make reasonable efforts to inform parents or legal guardians 

20 of the content of such programs or activities funded under 

21 this Act, other than classroom instruction. 

22 ‘‘SEC. 5551. SEVERABILITY. 

23 ‘‘If any provision of this Act is held invalid, the re24 mainder of this Act shall be unaffected thereby. 


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1 ‘‘SEC. 5552. DEPARTMENT STAFF. 

2 ‘‘The Secretary shall— 

3 ‘‘(1) not later than 60 days after the date of the 

4 enactment of the Student Success Act, identify the 

5 number of Department employees who worked on or 

6 administered each education program and project au7 thorized under this Act, as such program or project 

8 was in effect on the day before such enactment date, 

9 and publish such information on the Department’s 

10 website; 

11 ‘‘(2) not later than 60 days after such enactment 

12 date, identify the number of full-time equivalent em13 ployees who work on or administer programs or 

14 projects authorized under this Act, as in effect on the 

15 day before such enactment date, that have been elimi16 nated or consolidated since such date; 

17 ‘‘(3) not later than 1 year after such enactment 

18 date, reduce the workforce of the Department by the 

19 number of full-time equivalent employees the Depart20 ment calculated under paragraph (2); and 

21 ‘‘(4) not later than 1 year after such enactment 

22 date, report to the Congress on— 

23 ‘‘(A) the number of employees associated 

24 with each program or project authorized under 

25 this Act administered by the Department; 


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1 ‘‘(B) the number of full-time equivalent em2 ployees who were determined to be associated 

3 with eliminated or consolidated programs or 

4 projects under paragraph (2); and 

5 ‘‘(C) how the Secretary reduced the number 

6 of employees at the Department under paragraph 

7 (3). 

8 ‘‘PART F—EVALUATIONS

9 ‘‘SEC. 5601. EVALUATIONS. 

10 ‘‘(a) RESERVATION OF FUNDS.—Except as provided in 

11 subsections (b) and (c), the Secretary may reserve not more 

12 than 0.5 percent of the amount appropriated to carry out 

13 each categorical program and demonstration project au14 thorized under this Act— 

15 ‘‘(1) to conduct— 

16 ‘‘(A) comprehensive evaluations of the pro17 gram or project; and 

18 ‘‘(B) studies of the effectiveness of the pro19 gram or project and its administrative impact 

20 on schools and local educational agencies; 

21 ‘‘(2) to evaluate the aggregate short- and long22 term effects and cost efficiencies across Federal pro23 grams assisted or authorized under this Act and re24 lated Federal preschool, elementary, and secondary 

25 programs under any other Federal law; and 


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1 ‘‘(3) to increase the usefulness of evaluations of 

2 grant recipients in order to ensure the continuous 

3 progress of the program or project by improving the 

4 quality, timeliness, efficiency, and use of information 

5 relating to performance under the program or project. 

6 ‘‘(b) TITLE I EXCLUDED.—The Secretary may not re7 serve under subsection (a) funds appropriated to carry out 

8 any program authorized under title I. 

9 ‘‘(c) EVALUATION ACTIVITIES AUTHORIZED ELSE10 WHERE.—If, under any other provision of this Act (other 

11 than title I), funds are authorized to be reserved or used 

12 for evaluation activities with respect to a program or 

13 project, the Secretary may not reserve additional funds 

14 under this section for the evaluation of that program or 

15 project.’’. 

16 (b) TECHNICAL AMENDMENTS.— 

17 (1) TITLE IX.— 

18 (A) SUBPART 1 OF PART E OF TITLE V.— 

19 (i) TRANSFER AND REDESIGNATION.— 

20 Sections 9504 through 9506 (20 U.S.C. 

21 7884; 7885; 7886) are— 

22 (I) transferred to title V, as 

23 amended by subsection (a) of this sec24 tion; 


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1 (II) inserted after section 5503 of 

2 such title; and 

3 (III) redesignated as sections 5504 

4 through 5506, respectively. 

5 (ii) AMENDMENTS.—Section 5504 (as 

6 so redesignated) is amended— 

7 (I) in subsection (a)(1)(A), by 

8 striking ‘‘section 9502’’ and inserting 

9 ‘‘section 5502’’; 

10 (II) in subsection (b), by striking 

11 ‘‘section 9501’’ and inserting ‘‘section 

12 5501’’; and 

13 (III) in subsection (d), by striking 

14 ‘‘No Child Left Behind Act of 2001’’ 

15 and inserting ‘‘Student Success Act’’. 

16 (B) SUBPART 2 OF PART E OF TITLE V.— 

17 (i) TRANSFER AND REDESIGNATION.— 

18 Sections 9531, 9533, and 9534 (20 U.S.C. 

19 7911; 7913; 7914) are— 

20 (I) transferred to title V, as 

21 amended by subparagraph (A) of this 

22 paragraph; 

23 (II) inserted after section 5525 of 

24 such title; and 


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1 (III) redesignated as sections 5526 

2 through 5528, respectively. 

3 (ii) AMENDMENTS.—Section 5528 (as 

4 so redesignated) is amended— 

5 (I) by striking ‘‘(a) IN GEN6 ERAL.—Nothing’’ and inserting ‘‘Noth7 ing’’; and 

8 (II) by striking subsection (b). 

9 (C) SUBPART 3 OF PART E OF TITLE V.— 

10 Sections 9522, 9523, 9524, and 9525 (20 U.S.C. 

11 7902; 7903; 7904; 7905) are— 

12 (i) transferred to title V, as amended 

13 by subparagraph (B) of this paragraph; 

14 (ii) inserted after section 5544 of such 

15 title; and 

16 (iii) redesignated as sections 5545 

17 through 5548, respectively. 

18 (2) TITLE IV.—Sections 4141 and 4155 (20 

19 U.S.C. 7151; 7161) are— 

20 (A) transferred to title V, as amended by 

21 paragraph (1) of this subsection; 

22 (B) inserted after section 5548 (as so redes23 ignated by paragraph (1)(C)(iii) of this sub24 section); and 


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1 (C) redesignated as sections 5549 and 5550, 

2 respectively. 

3 SEC. 202. REPEAL. 

4 Title IX (20 U.S.C. 7801 et seq.), as amended by sec5 tion 201(b)(1) of this title, is repealed. 

6 SEC. 203. OTHER LAWS. 

7 Beginning on the date of the enactment of this Act, 

8 any reference in law to the term ‘‘highly qualified’’ as de9 fined in section 9101 of the Elementary and Secondary 

10 Education Act of 1965 shall be treated as a reference to 

11 such term under section 9101 of the Elementary and Sec12 ondary Education Act of 1965 as in effect on the day before 

13 the date of the enactment of this Act. 

14 SEC. 204. AMENDMENT TO IDEA. 

15 Section 602 of the Individuals with Disabilities Edu16 cation Act (20 U.S.C. 1401) is amended by striking para17 graph (10). 


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Union Calendar No. 320 

112TH CONGRESS 

2D SESSION H. R. 3989 

[Report No. 112–458] 

A BILL 

To support State and local accountability for public 

formance, and for other purposes. education, inform parents of their schools’ perAPRIL 27, 2012 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


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