1 

1Section 5(a) through (c) of the Every Student Succeeds Act (Public Law 114–95) provides as 

follows: 

SEC. 5. EFFECTIVE DATES. 

(a) IN GENERAL.—Except as otherwise provided in this Act, or an amendment made by this 

Act, this Act, and the amendments made by this Act, shall be effective upon the date of enactment of this Act. 

(b) NONCOMPETITIVE PROGRAMS.—With respect to noncompetitive programs under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq) and the McKinney-Vento 

Homeless Assistance Act (42 U.S.C. 11301 et seq.) under which any funds are allotted by the 

Secretary of Education to recipients on the basis of a formula, the amendments made by this 

Act shall be effective beginning on July 1, 2016, except as otherwise provided in such amendments. 

(c) COMPETITIVE PROGRAMS.—With respect to programs that are conducted by the Secretary 

of Education on a competitive basis (and are not programs described in subsection (b)) under 

the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.), the amendments 

made by this Act with respect to appropriations for use under such programs shall be effective 

beginning on October 1, 2016, except as otherwise provided in such amendments. 

Section 312 of the Department of Education Appropriations Act, 2016 (division H of P.L. 114– 

113; Consolidated Appropriations Act, 2016) provides: ‘‘Notwithstanding section 5(b) of the 

Every Student Succeeds Act, funds provided in this Act for non-competitive formula grant programs authorized by the ESEA for use during academic year 2016–2017 shall be administered 

in accordance with the ESEA as in effect on the day before the date of enactment of the Every 

Student Succeeds Act.’’. 2The amendment by section 6 of Public Law 114–95 to amend section 2 to read in its entirety 

was executed by striking the table of sections contained in such section (shown above) in order 

to reflect the probable intent of Congress. 

Elementary and Secondary Education Act of 1965 

[As Amended Through P.L. 114–95, Enacted December 10, 2015] 

SECTION 1. 1 ø20 U.S.C. 6301 note¿ SHORT TITLE. 

This Act may be cited as the ‘‘Elementary and Secondary Education Act of 1965’’. 

SEC. 2. 2 TABLE OF CONTENTS. 

The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

TITLE I—IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED

Sec. 1001. Statement of purpose. 

Sec. 1002. Authorization of appropriations. 

Sec. 1003. School improvement. 

Sec. 1003A. Direct student services. 

Sec. 1004. State administration. 

PART A—IMPROVING BASIC PROGRAMS OPERATED BY LOCAL EDUCATIONAL AGENCIES

Subpart 1—Basic Program Requirements 

Sec. 1111. State plans. 

Sec. 1112. Local educational agency plans. 

Sec. 1113. Eligible school attendance areas. 

Sec. 1114. Schoolwide programs. 

Sec. 1115. Targeted assistance schools. 

Sec. 1116. Parent and family engagement. 

Sec. 1117. Participation of children enrolled in private schools. 

Sec. 1118. Fiscal requirements. 

Sec. 1119. Coordination requirements. 


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Sec. 2 ESEA OF 1965 2 

Subpart 2—Allocations 

Sec. 1121. Grants for the outlying areas and the Secretary of the Interior. 

Sec. 1122. Allocations to States. 

Sec. 1124. Basic grants to local educational agencies. 

Sec. 1124A. Concentration grants to local educational agencies. 

Sec. 1125. Targeted grants to local educational agencies. 

Sec. 1125AA. Adequacy of funding to local educational agencies in fiscal years after 

fiscal year 2001. 

Sec. 1125A. Education finance incentive grant program. 

Sec. 1126. Special allocation procedures. 

Sec. 1127. Carryover and waiver. 

PART B—STATE ASSESSMENT GRANTS

Sec. 1201. Grants for State assessments and related activities. 

Sec. 1202. State option to conduct assessment system audit. 

Sec. 1203. Allotment of appropriated funds. 

Sec. 1204. Innovative assessment and accountability demonstration authority. 

PART C—EDUCATION OF MIGRATORY CHILDREN

Sec. 1301. Program purposes. 

Sec. 1302. Program authorized. 

Sec. 1303. State allocations. 

Sec. 1304. State applications; services. 

Sec. 1305. Secretarial approval; peer review. 

Sec. 1306. Comprehensive needs assessment and service-delivery plan; authorized 

activities. 

Sec. 1307. Bypass. 

Sec. 1308. Coordination of migrant education activities. 

Sec. 1309. Definitions. 

PART D—PREVENTION AND INTERVENTION PROGRAMS FOR CHILDREN AND YOUTH

WHO ARE NEGLECTED, DELINQUENT, OR AT-RISK

Sec. 1401. Purpose and program authorization. 

Sec. 1402. Payments for programs under this part. 

Subpart 1—State Agency Programs 

Sec. 1411. Eligibility. 

Sec. 1412. Allocation of funds. 

Sec. 1413. State reallocation of funds. 

Sec. 1414. State plan and State agency applications. 

Sec. 1415. Use of funds. 

Sec. 1416. Institution-wide projects. 

Sec. 1417. Three-year programs or projects. 

Sec. 1418. Transition services. 

Sec. 1419. Technical assistance. 

Subpart 2—Local Agency Programs 

Sec. 1421. Purpose. 

Sec. 1422. Programs operated by local educational agencies. 

Sec. 1423. Local educational agency applications. 

Sec. 1424. Uses of funds. 

Sec. 1425. Program requirements for correctional facilities receiving funds under 

this section. 

Sec. 1426. Accountability. 

Subpart 3—General Provisions 

Sec. 1431. Program evaluations. 

Sec. 1432. Definitions. 

PART E—FLEXIBILITY FOR EQUITABLE PER-PUPIL FUNDING

Sec. 1501. Flexibility for equitable per-pupil funding. 

PART F—GENERAL PROVISIONS

Sec. 1601. Federal regulations. 

Sec. 1602. Agreements and records. 


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Sec. 1603. State administration. 

Sec. 1604. Prohibition against Federal mandates, direction, or control. 

Sec. 1605. Rule of construction on equalized spending. 

TITLE II—PREPARING, TRAINING, AND RECRUITING HIGH-QUALITY TEACHERS, 

PRINCIPALS, AND OTHER SCHOOL LEADERS

Sec. 2001. Purpose. 

Sec. 2002. Definitions. 

Sec. 2003. Authorization of appropriations. 

PART A—SUPPORTING EFFECTIVE INSTRUCTION

Sec. 2101. Formula grants to States. 

Sec. 2102. Subgrants to local educational agencies. 

Sec. 2103. Local uses of funds. 

Sec. 2104. Reporting. 

PART B—NATIONAL ACTIVITIES

Sec. 2201. Reservations. 

Subpart 1—Teacher and School Leader Incentive Program 

Sec. 2211. Purposes; definitions. 

Sec. 2212. Teacher and school leader incentive fund grants. 

Sec. 2213. Reports. 

Subpart 2—Literacy Education for All, Results for the Nation 

Sec. 2221. Purposes; definitions. 

Sec. 2222. Comprehensive literacy State development grants. 

Sec. 2223. Subgrants to eligible entities in support of birth through kindergarten 

entry literacy. 

Sec. 2224. Subgrants to eligible entities in support of kindergarten through grade 

12 literacy. 

Sec. 2225. National evaluation and information dissemination. 

Sec. 2226. Innovative approaches to literacy. 

Subpart 3—American History and Civics Education 

Sec. 2231. Program authorized. 

Sec. 2232. Presidential and congressional academies for American history and 

civics. 

Sec. 2233. National activities. 

Subpart 4—Programs of National Significance 

Sec. 2241. Funding allotment. 

Sec. 2242. Supporting effective educator development. 

Sec. 2243. School leader recruitment and support. 

Sec. 2244. Technical assistance and national evaluation. 

Sec. 2245. STEM master teacher corps. 

PART C—GENERAL PROVISIONS

Sec. 2301. Supplement, not supplant. 

Sec. 2302. Rules of construction. 

TITLE III—LANGUAGE INSTRUCTION FOR ENGLISH LEARNERS AND IMMIGRANT

STUDENTS

Sec. 3001. Authorization of appropriations. 

PART A—ENGLISH LANGUAGE ACQUISITION, LANGUAGE ENHANCEMENT, AND

ACADEMIC ACHIEVEMENT ACT

Sec. 3101. Short title. 

Sec. 3102. Purposes. 

Subpart 1—Grants and Subgrants for English Language Acquisition and Language 

Enhancement 

Sec. 3111. Formula grants to States. 

Sec. 3112. Native American and Alaska Native children in school. 

Sec. 3113. State and specially qualified agency plans. 


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Sec. 2 ESEA OF 1965 4 

Sec. 3114. Within-State allocations. 

Sec. 3115. Subgrants to eligible entities. 

Sec. 3116. Local plans. 

Subpart 2—Accountability and Administration 

Sec. 3121. Reporting. 

Sec. 3122. Biennial reports. 

Sec. 3123. Coordination with related programs. 

Sec. 3124. Rules of construction. 

Sec. 3125. Legal authority under State law. 

Sec. 3126. Civil rights. 

Sec. 3127. Programs for Native Americans and Puerto Rico. 

Sec. 3128. Prohibition. 

Subpart 3—National Activities 

Sec. 3131. National professional development project. 

PART B—GENERAL PROVISIONS

Sec. 3201. Definitions. 

Sec. 3202. National clearinghouse. 

Sec. 3203. Regulations. 

TITLE IV—21ST CENTURY SCHOOLS

Sec. 4001. General provisions. 

PART A—STUDENT SUPPORT AND ACADEMIC ENRICHMENT GRANTS

Subpart 1—Student Support and Academic Enrichment Grants 

Sec. 4101. Purpose. 

Sec. 4102. Definitions. 

Sec. 4103. Formula grants to States. 

Sec. 4104. State use of funds. 

Sec. 4105. Allocations to local educational agencies. 

Sec. 4106. Local educational agency applications. 

Sec. 4107. Activities to support well-rounded educational opportunities. 

Sec. 4108. Activities to support safe and healthy students. 

Sec. 4109. Activities to support the effective use of technology. 

Sec. 4110. Supplement, not supplant. 

Sec. 4111. Rule of construction. 

Sec. 4112. Authorization of appropriations. 

Subpart 2—Internet Safety 

4121. Internet safety. 

PART B—21ST CENTURY COMMUNITY LEARNING CENTERS

Sec. 4201. Purpose; definitions. 

Sec. 4202. Allotments to States. 

Sec. 4203. State application. 

Sec. 4204. Local competitive subgrant program. 

Sec. 4205. Local activities. 

Sec. 4206. Authorization of appropriations. 

PART C—EXPANDING OPPORTUNITY THROUGH QUALITY CHARTER SCHOOLS

Sec. 4301. Purpose. 

Sec. 4302. Program authorized. 

Sec. 4303. Grants to support high-quality charter schools. 

Sec. 4304. Facilities financing assistance. 

Sec. 4305. National activities. 

Sec. 4306. Federal formula allocation during first year and for successive enrollment expansions. 

Sec. 4307. Solicitation of input from charter school operators. 

Sec. 4308. Records transfer. 

Sec. 4309. Paperwork reduction. 

Sec. 4310. Definitions. 

Sec. 4311. Authorization of appropriations. 


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PART D—MAGNET SCHOOLS ASSISTANCE

Sec. 4401. Findings and purpose. 

Sec. 4402. Definition. 

Sec. 4403. Program authorized. 

Sec. 4404. Eligibility. 

Sec. 4405. Applications and requirements. 

Sec. 4406. Priority. 

Sec. 4407. Use of funds. 

Sec. 4408. Limitations. 

Sec. 4409. Authorization of appropriations; reservation. 

PART E—FAMILY ENGAGEMENT IN EDUCATION PROGRAMS

Sec. 4501. Purposes. 

Sec. 4502. Grants authorized. 

Sec. 4503. Applications. 

Sec. 4504. Uses of funds. 

Sec. 4505. Family engagement in Indian schools. 

Sec. 4506. Authorization of appropriations. 

PART F—NATIONAL ACTIVITIES

Sec. 4601. Authorization of appropriations; reservations. 

Subpart 1—Education Innovation and Research 

Sec. 4611. Grants for education innovation and research. 

Subpart 2—Community Support for School Success 

Sec. 4621. Purposes. 

Sec. 4622. Definitions. 

Sec. 4623. Program authorized. 

Sec. 4624. Promise neighborhoods. 

Sec. 4625. Full-service community schools. 

Subpart 3—National Activities for School Safety 

Sec. 4631. National activities for school safety. 

Subpart 4—Academic Enrichment 

Sec. 4641. Awards for academic enrichment. 

Sec. 4642. Assistance for arts education. 

Sec. 4643. Ready to learn programming. 

Sec. 4644. Supporting high-ability learners and learning. 

TITLE V—FLEXIBILITY AND ACCOUNTABILITY

PART A—FUNDING TRANSFERABILITY FOR STATE AND LOCAL EDUCATIONAL AGENCIES

Sec. 5101. Short title. 

Sec. 5102. Purpose. 

Sec. 5103. Transferability of funds. 

PART B—RURAL EDUCATION INITIATIVE

Sec. 5201. Short title. 

Sec. 5202. Purpose. 

Subpart 1—Small, Rural School Achievement Program 

Sec. 5211. Use of applicable funding. 

Sec. 5212. Grant program authorized. 

Subpart 2—Rural and Low-Income School Program 

Sec. 5221. Program authorized. 

Sec. 5222. Use of funds. 

Sec. 5223. Applications. 

Sec. 5224. Report. 

Sec. 5225. Choice of participation. 


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Sec. 2 ESEA OF 1965 6 

PART C—GENERAL PROVISIONS

Sec. 5301. Prohibition against Federal mandates, direction, or control. 

Sec. 5302. Rule of construction on equalized spending. 

TITLE VI—INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION

PART A—INDIAN EDUCATION

Sec. 6101. Statement of policy. 

Sec. 6102. Purpose. 

Subpart 1—Formula Grants to Local Educational Agencies 

Sec. 6111. Purpose. 

Sec. 6112. Grants to local educational agencies and tribes. 

Sec. 6113. Amount of grants. 

Sec. 6114. Applications. 

Sec. 6115. Authorized services and activities. 

Sec. 6116. Integration of services authorized. 

Sec. 6117. Student eligibility forms. 

Sec. 6118. Payments. 

Sec. 6119. State educational agency review. 

Subpart 2—Special Programs and Projects to Improve Educational Opportunities for 

Indian Children 

Sec. 6121. Improvement of educational opportunities for Indian children and youth. 

Sec. 6122. Professional development for teachers and education professionals. 

Subpart 3—National Activities 

Sec. 6131. National research activities. 

Sec. 6132. Grants to tribes for education administrative planning, development, 

and coordination. 

Sec. 6133. Native American and Alaska Native language immersion schools and 

programs. 

Subpart 4—Federal Administration 

Sec. 6141. National Advisory Council on Indian Education. 

Sec. 6142. Peer review. 

Sec. 6143. Preference for Indian applicants. 

Sec. 6144. Minimum grant criteria. 

Subpart 5—Definitions; Authorizations of Appropriations 

Sec. 6151. Definitions. 

Sec. 6152. Authorizations of appropriations. 

PART B—NATIVE HAWAIIAN EDUCATION

Sec. 6201. Short title. 

Sec. 6202. Findings. 

Sec. 6203. Purposes. 

Sec. 6204. Native Hawaiian Education Council. 

Sec. 6205. Program authorized. 

Sec. 6206. Administrative provisions. 

Sec. 6207. Definitions. 

PART C—ALASKA NATIVE EDUCATION

Sec. 6301. Short title. 

Sec. 6302. Findings. 

Sec. 6303. Purposes. 

Sec. 6304. Program authorized. 

Sec. 6305. Administrative provisions. 

Sec. 6306. Definitions. 

TITLE VII—IMPACT AID

Sec. 7001. Purpose. 

Sec. 7002. Payments relating to Federal acquisition of real property. 

Sec. 7003. Payments for eligible federally connected children. 

Sec. 7004. Policies and procedures relating to children residing on Indian lands. 


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Sec. 7005. Application for payments under sections 7002 and 7003. 

Sec. 7007. Construction. 

Sec. 7008. Facilities. 

Sec. 7009. State consideration of payments in providing State aid. 

Sec. 7010. Federal administration. 

Sec. 7011. Administrative hearings and judicial review. 

Sec. 7012. Forgiveness of overpayments. 

Sec. 7013. Definitions. 

Sec. 7014. Authorization of appropriations. 

TITLE VIII—GENERAL PROVISIONS

PART A—DEFINITIONS

Sec. 8101. Definitions. 

Sec. 8102. Applicability of title. 

Sec. 8103. Applicability to Bureau of Indian Education operated schools. 

PART B—FLEXIBILITY IN THE USE OF ADMINISTRATIVE AND OTHER FUNDS

Sec. 8201. Consolidation of State administrative funds for elementary and secondary education programs. 

Sec. 8202. Single local educational agency States. 

Sec. 8203. Consolidation of funds for local administration. 

Sec. 8204. Consolidated set-aside for Department of the Interior funds. 

Sec. 8205. Department staff. 

PART C—COORDINATION OF PROGRAMS; CONSOLIDATED STATE AND LOCAL PLANS AND

APPLICATIONS

Sec. 8301. Purposes. 

Sec. 8302. Optional consolidated State plans or applications. 

Sec. 8303. Consolidated reporting. 

Sec. 8304. General applicability of State educational agency assurances. 

Sec. 8305. Consolidated local plans or applications. 

Sec. 8306. Other general assurances. 

PART D—WAIVERS

Sec. 8401. Waivers of statutory and regulatory requirements. 

PART E—APPROVAL AND DISAPPROVAL OF STATE PLANS AND LOCAL APPLICATIONS

Sec. 8451. Approval and disapproval of State plans. 

Sec. 8452. Approval and disapproval of local educational agency applications. 

PART F—UNIFORM PROVISIONS

Subpart 1—Private Schools 

Sec. 8501. Participation by private school children and teachers. 

Sec. 8502. Standards for by-pass. 

Sec. 8503. Complaint process for participation of private school children. 

Sec. 8504. By-pass determination process. 

Sec. 8505. Prohibition against funds for religious worship or instruction. 

Sec. 8506. Private, religious, and home schools. 

Subpart 2—Other Provisions 

Sec. 8521. Maintenance of effort. 

Sec. 8522. Prohibition regarding State aid. 

Sec. 8523. Privacy of assessment results. 

Sec. 8524. School prayer. 

Sec. 8525. Equal access to public school facilities. 

Sec. 8526. Prohibited uses of funds 

Sec. 8526A. Prohibition against Federal mandates, direction, or control. 

Sec. 8527. Prohibitions on Federal Government and use of Federal funds. 

Sec. 8528. Armed Forces recruiter access to students and student recruiting information. 

Sec. 8529. Prohibition on federally sponsored testing. 

Sec. 8530. Limitations on national testing or certification for teachers, principals, 

or other school leaders. 

Sec. 8530A. Prohibition on requiring State participation. 


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Sec. 8531. Prohibition on nationwide database. 

Sec. 8532. Unsafe school choice option. 

Sec. 8533. Prohibition on discrimination. 

Sec. 8534. Civil rights. 

Sec. 8535. Rulemaking. 

Sec. 8536. Severability. 

Sec. 8537. Transfer of school disciplinary records. 

Sec. 8538. Consultation with Indian tribes and tribal organizations. 

Sec. 8539. Outreach and technical assistance for rural local educational agencies. 

Sec. 8540. Consultation with the Governor. 

Sec. 8541. Local governance. 

Sec. 8542. Rule of construction regarding travel to and from school. 

Sec. 8543. Limitations on school-based health centers. 

Sec. 8544. State control over standards. 

Sec. 8545. Sense of Congress on protecting student privacy. 

Sec. 8546. Prohibition on aiding and abetting sexual abuse. 

Sec. 8547. Sense of Congress on restoration of State sovereignty over public education. 

Sec. 8548. Privacy. 

Sec. 8549. Analysis and periodic review of departmental guidance. 

Sec. 8549A. Sense of Congress. 

Sec. 8549B. Sense of Congress on early learning and child care. 

Sec. 8549C. Technical assistance. 

Subpart 3—Teacher Liability Protection 

Sec. 8551. Short title. 

Sec. 8552. Purpose. 

Sec. 8553. Definitions. 

Sec. 8554. Applicability. 

Sec. 8555. Preemption and election of State nonapplicability. 

Sec. 8556. Limitation on liability for teachers. 

Sec. 8557. Allocation of responsibility for noneconomic loss. 

Sec. 8558. Effective date. 

Subpart 4—Gun Possession 

Sec. 8561. Gun-free requirements. 

Subpart 5—Environmental Tobacco Smoke 

Sec. 8571. Short title. 

Sec. 8572. Definitions. 

Sec. 8573. Nonsmoking policy for children’s services. 

Sec. 8574. Preemption. 

PART G—EVALUATIONS

Sec. 8601. Evaluations. 

TITLE I—IMPROVING THE ACADEMIC 

ACHIEVEMENT OF THE DISADVANTAGED 

SEC. 1001. ø20 U.S.C. 6301¿ STATEMENT OF PURPOSE. 

The purpose of this title is to provide all children significant 

opportunity to receive a fair, equitable, and high-quality education, 

and to close educational achievement gaps. 

SEC. 1002. ø20 U.S.C. 6302¿ AUTHORIZATION OF APPROPRIATIONS. 

(a) LOCAL EDUCATIONAL AGENCY GRANTS.—There are authorized to be appropriated to carry out the activities described in part 

A— 

(1) $15,012,317,605 for fiscal year 2017; 

(2) $15,457,459,042 for fiscal year 2018; 


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9 Sec. 1003 ESEA OF 1965 

(3) $15,897,371,442 for fiscal year 2019; and 

(4) $16,182,344,591 for fiscal year 2020. 

(b) STATE ASSESSMENTS.—There are authorized to be appropriated to carry out the activities described in part B, $378,000,000 

for each of fiscal years 2017 through 2020. 

(c) EDUCATION OF MIGRATORY CHILDREN.—There are authorized to be appropriated to carry out the activities described in part 

C, $374,751,000 for each of fiscal years 2017 through 2020. 

(d) PREVENTION AND INTERVENTION PROGRAMS FOR CHILDREN

AND YOUTH WHO ARE NEGLECTED, DELINQUENT, OR AT-RISK.— 

There are authorized to be appropriated to carry out the activities 

described in part D, $47,614,000 for each of fiscal years 2017 

through 2020. 

(e) FEDERAL ACTIVITIES.—For the purpose of carrying out evaluation activities related to title I under section 8601, there are authorized to be appropriated $710,000 for each of fiscal years 2017 

through 2020. 

(f) SENSE OF CONGRESS REGARDING ADJUSTMENTS TO AUTHORIZATIONS OF APPROPRIATIONS PROVIDED IN THIS ACT FOR FUTURE

BUDGET AGREEMENTS.—It is the sense of Congress that if legislation is enacted that revises the limits on discretionary spending established under section 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(c)), the levels of appropriations authorized throughout this Act should be adjusted in 

a manner that is consistent with the adjustments in nonsecurity 

category funding provided for under the revised limits on discretionary spending. 

SEC. 1003. ø20 U.S.C. 6303¿ SCHOOL IMPROVEMENT. 

(a) STATE RESERVATIONS.—To carry out subsection (b) and the 

State educational agency’s statewide system of technical assistance 

and support for local educational agencies, each State shall reserve 

the greater of— 

(1) 7 percent of the amount the State receives under subpart 2 of part A; or 

(2) the sum of the amount the State— 

(A) reserved for fiscal year 2016 under this subsection, 

as in effect on the day before the date of enactment of the 

Every Student Succeeds Act; and 

(B) received for fiscal year 2016 under subsection (g), 

as in effect on the day before the date of enactment of the 

Every Student Succeeds Act. 

(b) USES.—Of the amount reserved under subsection (a) for any 

fiscal year, the State educational agency— 

(1)(A) shall allocate not less than 95 percent of that 

amount to make grants to local educational agencies on a formula or competitive basis, to serve schools implementing comprehensive support and improvement activities or targeted 

support and improvement activities under section 1111(d); or 

(B) may, with the approval of the local educational agency, 

directly provide for these activities or arrange for their provision through other entities such as school support teams, educational service agencies, or nonprofit or for-profit external proVerDate Nov 24 2008 11:50 Feb 05, 2016 Jkt 000000 PO 00000 Frm 00009 Fmt 9001 Sfmt 9001 F:\COMP\EDII\EASEAO1.BEL HOLCPC

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Sec. 1003 ESEA OF 1965 10 

viders with expertise in using evidence-based strategies to improve student achievement, instruction, and schools; and 

(2) shall use the funds not allocated to local educational 

agencies under paragraph (1) to carry out this section, which 

shall include— 

(A) establishing the method, consistent with paragraph (1)(A), the State will use to allocate funds to local 

educational agencies under such paragraph, including ensuring— 

(i) the local educational agencies receiving an allotment under such paragraph represent the geographic diversity of the State; and 

(ii) that allotments are of sufficient size to enable 

a local educational agency to effectively implement selected strategies; 

(B) monitoring and evaluating the use of funds by 

local educational agencies receiving an allotment under 

such paragraph; and 

(C) as appropriate, reducing barriers and providing 

operational flexibility for schools in the implementation of 

comprehensive support and improvement activities or targeted support and improvement activities under section 

1111(d). 

(c) DURATION.—The State educational agency shall award each 

subgrant under subsection (b) for a period of not more than 4 

years, which may include a planning year. 

(d) RULE OF CONSTRUCTION.—Nothing in this section shall be 

construed as prohibiting a State from allocating subgrants under 

this section to a statewide school district, consortium of local educational agencies, or an educational service agency that serves 

schools implementing comprehensive support and improvement activities or targeted support and improvement activities, if such entities are legally constituted or recognized as local educational 

agencies in the State. 

(e) APPLICATION.—To receive an allotment under subsection 

(b)(1), a local educational agency shall submit an application to the 

State educational agency at such time, in such form, and including 

such information as the State educational agency may require. 

Each application shall include, at a minimum— 

(1) a description of how the local educational agency will 

carry out its responsibilities under section 1111(d) for schools 

receiving funds under this section, including how the local educational agency will— 

(A) develop comprehensive support and improvement 

plans under section 1111(d)(1) for schools receiving funds 

under this section; 

(B) support schools developing or implementing targeted support and improvement plans under section 

1111(d)(2), if funds received under this section are used for 

such purpose; 

(C) monitor schools receiving funds under this section, 

including how the local educational agency will carry out 

its responsibilities under clauses (iv) and (v) of section 

1111(d)(2)(B) if funds received under this section are used 


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to support schools implementing targeted support and improvement plans; 

(D) use a rigorous review process to recruit, screen, select, and evaluate any external partners with whom the 

local educational agency will partner; 

(E) align other Federal, State, and local resources to 

carry out the activities supported with funds received 

under subsection (b)(1); and 

(F) as appropriate, modify practices and policies to 

provide operational flexibility that enables full and effective implementation of the plans described in paragraphs 

(1) and (2) of section 1111(d); and 

(2) an assurance that each school the local educational 

agency proposes to serve will receive all of the State and local 

funds it would have received in the absence of funds received 

under this section. 

(f) PRIORITY.—The State educational agency, in allocating 

funds to local educational agencies under this section, shall give 

priority to local educational agencies that— 

(1) serve high numbers, or a high percentage of, elementary schools and secondary schools implementing plans under 

paragraphs (1) and (2) of section 1111(d); 

(2) demonstrate the greatest need for such funds, as determined by the State; and 

(3) demonstrate the strongest commitment to using funds 

under this section to enable the lowest-performing schools to 

improve student achievement and student outcomes. 

(g) UNUSED FUNDS.—If, after consultation with local educational agencies in the State, the State educational agency determines that the amount of funds reserved to carry out subsection (b) 

is greater than the amount needed to provide the assistance described in that subsection, the State educational agency shall allocate the excess amount to local educational agencies in accordance 

with— 

(1) the relative allocations the State educational agency 

made to those agencies for that fiscal year under subpart 2 of 

part A; or 

(2) section 1126(c). 

(h) SPECIAL RULE.—Notwithstanding any other provision of 

this section, the amount of funds reserved by the State educational 

agency under subsection (a) for fiscal year 2018 and each subsequent fiscal year shall not decrease the amount of funds each local 

educational agency receives under subpart 2 of part A below the 

amount received by such local educational agency under such subpart for the preceding fiscal year. 

(i) REPORTING.—The State shall include in the report described 

in section 1111(h)(1) a list of all the local educational agencies and 

schools that received funds under this section, including the 

amount of funds each school received and the types of strategies 

implemented in each school with such funds. 

SEC. 1003A. ø20 U.S.C. 6303b¿ DIRECT STUDENT SERVICES. 

(a) STATE RESERVATION.— 

(1) IN GENERAL.— 


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(A) STATES.—Each State educational agency, after 

meaningful consultation with geographically diverse local 

educational agencies described in subparagraph (B), may 

reserve not more than 3 percent of the amount the State 

educational agency receives under subpart 2 of part A for 

each fiscal year to carry out this section. 

(B) CONSULTATION.—A State educational agency shall 

consult under subparagraph (A) with local educational 

agencies that include— 

(i) suburban, rural, and urban local educational 

agencies; 

(ii) local educational agencies serving a high percentage of schools identified by the State for comprehensive support and improvement under section 

1111(c)(4)(D)(i); and 

(iii) local educational agencies serving a high percentage of schools implementing targeted support and 

improvement plans under section 1111(d)(2). 

(2) PROGRAM ADMINISTRATION.—Of the funds reserved 

under paragraph (1)(A), the State educational agency may use 

not more than 1 percent to administer the program described 

in this section. 

(b) AWARDS.— 

(1) IN GENERAL.—From the amount reserved under subsection (a) by a State educational agency, the State educational 

agency shall award grants to geographically diverse local educational agencies described in subsection (a)(1)(B)(i). 

(2) PRIORITY.—In making such awards, the State educational agency shall prioritize awards to local educational 

agencies serving the highest percentage of schools, as compared to other local educational agencies in the State— 

(A) identified by the State for comprehensive support 

and improvement under section 1111(c)(4)(D)(i); or 

(B) implementing targeted support and improvement 

plans under section 1111(d)(2). 

(c) LOCAL USE OF FUNDS.—A local educational agency receiving 

an award under this section— 

(1) may use not more than 1 percent of its award for outreach and communication to parents about available direct student services described in paragraph (3) in the local educational agency and State; 

(2) may use not more than 2 percent of its award for administrative costs related to such direct student services; 

(3) shall use the remainder of the award to pay the costs 

associated with one or more of the following direct student 

services— 

(A) enrollment and participation in academic courses 

not otherwise available at a student’s school, including— 

(i) advanced courses; and 

(ii) career and technical education coursework 

that— 

(I) is aligned with the challenging State academic standards; and 


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(II) leads to industry-recognized credentials 

that meet the quality criteria established by the 

State under section 123(a) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102); 

(B) credit recovery and academic acceleration courses 

that lead to a regular high school diploma; 

(C) activities that assist students in successfully completing postsecondary level instruction and examinations 

that are accepted for credit at institutions of higher education (including Advanced Placement and International 

Baccalaureate courses), which may include reimbursing 

low-income students to cover part or all of the costs of fees 

for such examinations; 

(D) components of a personalized learning approach, 

which may include high-quality academic tutoring; and 

(E) in the case of a local educational agency that does 

not reserve funds under section 1111(d)(1)(D)(v), transportation to allow a student enrolled in a school identified for 

comprehensive support and improvement under section 

1111(c)(4)(D)(i) to transfer to another public school (which 

may include a charter school) that has not been identified 

by the State under such section; and 

(4) in paying the costs associated with the direct student 

services described in paragraph (3), shall— 

(A) first, pay such costs for students who are enrolled 

in schools identified by the State for comprehensive support and improvement under section 1111(c)(4)(D)(i); 

(B) second, pay such costs for low-achieving students 

who are enrolled in schools implementing targeted support 

and improvement plans under section 1111(d)(2); and 

(C) with any remaining funds, pay such costs for other 

low-achieving students served by the local educational 

agency. 

(d) APPLICATION.—A local educational agency desiring to receive an award under subsection (b) shall submit an application to 

the State educational agency at such time and in such manner as 

the State educational agency shall require. At a minimum, each application shall describe how the local educational agency will— 

(1) provide adequate outreach to ensure parents can exercise a meaningful choice of direct student services for their 

child’s education; 

(2) ensure parents have adequate time and information to 

make a meaningful choice prior to enrolling their child in a direct student service; 

(3) in the case of a local educational agency offering public 

school choice under this section, ensure sufficient availability 

of seats in the public schools the local educational agency will 

make available for public school choice options; 

(4) prioritize services to students who are lowest-achieving; 

(5) select providers of direct student services, which may 

include one or more of— 

(A) the local educational agency or other local educational agencies; 


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(B) community colleges or other institutions of higher 

education; 

(C) non-public entities; 

(D) community-based organizations; or 

(E) in the case of high-quality academic tutoring, a variety of providers of such tutoring that are selected and approved by the State and appear on the State’s list of such 

providers required under subsection (e)(2); 

(6) monitor the provision of direct student services; and 

(7) publicly report the results of direct student service providers in improving relevant student outcomes in a manner 

that is accessible to parents. 

(e) PROVIDERS AND SCHOOLS.—A State educational agency that 

reserves an amount under subsection (a) shall— 

(1) ensure that each local educational agency that receives 

an award under this section and intends to provide public 

school choice under subsection (c)(3)(E) can provide a sufficient 

number of options to provide a meaningful choice for parents; 

(2) compile and maintain an updated list of State-approved 

high-quality academic tutoring providers that— 

(A) is developed using a fair negotiation and rigorous 

selection and approval process; 

(B) provides parents with meaningful choices; 

(C) offers a range of tutoring models, including online 

and on campus; and 

(D) includes only providers that— 

(i) have a demonstrated record of success in increasing students’ academic achievement; 

(ii) comply with all applicable Federal, State, and 

local health, safety, and civil rights laws; and 

(iii) provide instruction and content that is secular, neutral, and non-ideological; 

(3) ensure that each local educational agency receiving an 

award is able to provide an adequate number of high-quality 

academic tutoring options to ensure parents have a meaningful 

choice of services; 

(4) develop and implement procedures for monitoring the 

quality of services provided by direct student service providers; 

and 

(5) establish and implement clear criteria describing the 

course of action for direct student service providers that are 

not successful in improving student academic outcomes, which, 

for a high-quality academic tutoring provider, may include a 

process to remove State approval under paragraph (2). 

SEC. 1004. ø20 U.S.C. 6304¿ STATE ADMINISTRATION. 

(a) IN GENERAL.—Except as provided in subsection (b), to carry 

out administrative duties assigned under parts A, C, and D of this 

title, each State may reserve the greater of— 

(1) 1 percent of the amounts received under such parts; or 

(2) $400,000 ($50,000 in the case of each outlying area). 

(b) EXCEPTION.—If the sum of the amounts appropriated for 

parts A, C, and D of this title is equal to or greater than 

$14,000,000,000, then the reservation described in subsection (a)(1) 


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shall not exceed 1 percent of the amount the State would receive, 

if $14,000,000,000 were allocated among the States for parts A, C, 

and D of this title. 

PART A—IMPROVING BASIC PROGRAMS OPERATED BY LOCAL EDUCATIONAL AGENCIES 

Subpart 1—Basic Program Requirements 

SEC. 1111. ø20 U.S.C. 6311¿ STATE PLANS. 

(a) FILING FOR GRANTS.— 

(1) IN GENERAL.—For any State desiring to receive a grant 

under this part, the State educational agency shall file with 

the Secretary a plan that is— 

(A) developed by the State educational agency with 

timely and meaningful consultation with the Governor, 

members of the State legislature and State board of education (if the State has a State board of education), local 

educational agencies (including those located in rural 

areas), representatives of Indian tribes located in the 

State, teachers, principals, other school leaders, charter 

school leaders (if the State has charter schools), specialized 

instructional support personnel, paraprofessionals, administrators, other staff, and parents; and 

(B) is coordinated with other programs under this Act, 

the Individuals with Disabilities Education Act (20 U.S.C. 

1400 et seq.), the Rehabilitation Act of 1973 (20 U.S.C. 701 

et seq.), the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.), the Workforce 

Innovation and Opportunity Act (29 U.S.C. 3101 et seq.), 

the Head Start Act (42 U.S.C. 9831 et seq.), the Child Care 

and Development Block Grant Act of 1990 (42 U.S.C. 9858 

et seq.), the Education Sciences Reform Act of 2002 (20 

U.S.C. 9501 et seq.), the Education Technical Assistance 

Act of 2002 (20 U.S.C. 9601 et. seq.), the National Assessment of Educational Progress Authorization Act (20 U.S.C. 

9621 et seq.), the McKinney-Vento Homeless Assistance 

Act (42 U.S.C. 11301 et seq.), and the Adult Education and 

Family Literacy Act (29 U.S.C. 3271 et seq.). 

(2) LIMITATION.—Consultation required under paragraph 

(1)(A) shall not interfere with the timely submission of the 

plan required under this section. 

(3) CONSOLIDATED PLAN.—A State plan submitted under 

paragraph (1) may be submitted as part of a consolidated plan 

under section 8302. 

(4) PEER REVIEW AND SECRETARIAL APPROVAL.— 

(A) IN GENERAL.—The Secretary shall— 

(i) establish a peer-review process to assist in the 

review of State plans; 

(ii) establish multidisciplinary peer-review teams 

and appoint members of such teams— 

(I) who are representative of— 


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(aa) parents, teachers, principals, other 

school leaders, specialized instructional support personnel, State educational agencies, 

local educational agencies, and the community 

(including the business community); and 

(bb) researchers who are familiar with— 

(AA) the implementation of academic 

standards, assessments, or accountability 

systems; and 

(BB) how to meet the needs of disadvantaged students, children with disabilities, and English learners, the needs 

of low-performing schools, and other educational needs of students; 

(II) that include, to the extent practicable, 

majority representation of individuals who, in the 

most recent 2 years, have had practical experience 

in the classroom, school administration, or State 

or local government (such as direct employees of 

a school, local educational agency, or State educational agency); and 

(III) who represent a regionally diverse crosssection of States; 

(iii) make available to the public, including by 

such means as posting to the Department’s website, 

the list of peer reviewers who have reviewed State 

plans under this section; 

(iv) ensure that the peer-review teams consist of 

varied individuals so that the same peer reviewers are 

not reviewing all of the State plans; 

(v) approve a State plan not later than 120 days 

after its submission, unless the Secretary meets the 

requirements of clause (vi); 

(vi) have the authority to disapprove a State plan 

only if— 

(I) the Secretary— 

(aa) determines how the State plan fails 

to meet the requirements of this section; 

(bb) immediately provides to the State, in 

writing, notice of such determination, and the 

supporting information and rationale to substantiate such determination; 

(cc) offers the State an opportunity to revise and resubmit its State plan, and provides 

the State— 

(AA) technical assistance to assist the 

State in meeting the requirements of this 

section; 

(BB) in writing, all peer-review comments, suggestions, recommendations, or 

concerns relating to its State plan; and 

(CC) a hearing, unless the State declines the opportunity for such hearing; 

and 


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(II) the State— 

(aa) does not revise and resubmit its 

State plan; or 

(bb) in a case in which a State revises 

and resubmits its State plan after a hearing 

is conducted under subclause (I)(cc)(CC), or 

after the State has declined the opportunity 

for such a hearing, the Secretary determines 

that such revised State plan does not meet 

the requirements of this section. 

(B) PURPOSE OF PEER REVIEW.—The peer-review process shall be designed to— 

(i) maximize collaboration with each State; 

(ii) promote effective implementation of the challenging State academic standards through State and 

local innovation; and 

(iii) provide transparent, timely, and objective 

feedback to States designed to strengthen the technical and overall quality of the State plans. 

(C) STANDARD AND NATURE OF REVIEW.—Peer reviewers shall conduct an objective review of State plans in 

their totality and out of respect for State and local judgments, with the goal of supporting State- and local-led innovation and providing objective feedback on the technical 

and overall quality of a State plan. 

(D) PROHIBITION.—Neither the Secretary nor the political appointees of the Department, may attempt to participate in, or influence, the peer-review process. 

(5) PUBLIC REVIEW.—All written communications, feedback, and notifications under this subsection shall be conducted in a manner that is transparent and immediately made 

available to the public on the Department’s website, including— 

(A) plans submitted or resubmitted by a State; 

(B) peer-review guidance, notes, and comments and 

the names of the peer reviewers (once the peer reviewers 

have completed their work); 

(C) State plan determinations by the Secretary, including approvals or disapprovals; and 

(D) notices and transcripts of hearings under this section. 

(6) DURATION OF THE PLAN.— 

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

(i) remain in effect for the duration of the State’s 

participation under this part; and 

(ii) be periodically reviewed and revised as necessary by the State educational agency to reflect 

changes in the State’s strategies and programs under 

this part. 

(B) ADDITIONAL INFORMATION.— 

(i) IN GENERAL.—If a State makes significant 

changes to its plan at any time, such as the adoption 

of new challenging State academic standards or new 

academic assessments under subsection (b), or changes 


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to its accountability system under subsection (c), such 

information shall be submitted to the Secretary in the 

form of revisions or amendments to the State plan. 

(ii) REVIEW OF REVISED PLANS.—The Secretary 

shall review the information submitted under clause 

(i) and approve changes to the State plan, or disapprove such changes in accordance with paragraph 

(4)(A)(vi), within 90 days, without undertaking the 

peer-review process under such paragraph. 

(iii) SPECIAL RULE FOR STANDARDS.—If a State 

makes changes to its challenging State academic 

standards, the requirements of subsection (b)(1), including the requirement that such standards need not 

be submitted to the Secretary pursuant to subsection 

(b)(1)(A), shall still apply. 

(7) FAILURE TO MEET REQUIREMENTS.—If a State fails to 

meet any of the requirements of this section, the Secretary 

may withhold funds for State administration under this part 

until the Secretary determines that the State has fulfilled 

those requirements. 

(8) PUBLIC COMMENT.—Each State shall make the State 

plan publicly available for public comment for a period of not 

less than 30 days, by electronic means and in an easily accessible format, prior to submission to the Secretary for approval 

under this subsection. The State, in the plan it files under this 

subsection, shall provide an assurance that public comments 

were taken into account in the development of the State plan. 

(b) CHALLENGING ACADEMIC STANDARDS AND ACADEMIC ASSESSMENTS.— 

(1) CHALLENGING STATE ACADEMIC STANDARDS.— 

(A) IN GENERAL.—Each State, in the plan it files under 

subsection (a), shall provide an assurance that the State 

has adopted challenging academic content standards and 

aligned academic achievement standards (referred to in 

this Act as ‘‘challenging State academic standards’’), which 

achievement standards shall include not less than 3 levels 

of achievement, that will be used by the State, its local 

educational agencies, and its schools to carry out this part. 

A State shall not be required to submit such challenging 

State academic standards to the Secretary. 

(B) SAME STANDARDS.—Except as provided in subparagraph (E), the standards required by subparagraph (A) 

shall— 

(i) apply to all public schools and public school 

students in the State; and 

(ii) with respect to academic achievement standards, include the same knowledge, skills, and levels of 

achievement expected of all public school students in 

the State. 

(C) SUBJECTS.—The State shall have such academic 

standards for mathematics, reading or language arts, and 

science, and may have such standards for any other subject determined by the State. 

(D) ALIGNMENT.— 


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(i) IN GENERAL.—Each State shall demonstrate 

that the challenging State academic standards are 

aligned with entrance requirements for credit-bearing 

coursework in the system of public higher education in 

the State and relevant State career and technical education standards. 

(ii) RULE OF CONSTRUCTION.—Nothing in this Act 

shall be construed to authorize public institutions of 

higher education to determine the specific challenging 

State academic standards required under this paragraph. 

(E) ALTERNATE ACADEMIC ACHIEVEMENT STANDARDS

FOR STUDENTS WITH THE MOST SIGNIFICANT COGNITIVE DIS- ABILITIES.— 

(i) IN GENERAL.—The State may, through a documented and validated standards-setting process, adopt 

alternate academic achievement standards for students with the most significant cognitive disabilities, 

provided those standards— 

(I) are aligned with the challenging State academic content standards under subparagraph (A); 

(II) promote access to the general education 

curriculum, consistent with the Individuals with 

Disabilities Education Act (20 U.S.C. 1400 et 

seq.); 

(III) reflect professional judgment as to the 

highest possible standards achievable by such students; 

(IV) are designated in the individualized education program developed under section 614(d)(3) 

of the Individuals with Disabilities Education Act 

(20 U.S.C. 1414(d)(3)) for each such student as the 

academic achievement standards that will be used 

for the student; and 

(V) are aligned to ensure that a student who 

meets the alternate academic achievement standards is on track to pursue postsecondary education or employment, consistent with the purposes of Public Law 93–112, as in effect on July 

22, 2014. 

(ii) PROHIBITION ON ANY OTHER ALTERNATE OR

MODIFIED ACADEMIC ACHIEVEMENT STANDARDS.—A 

State shall not develop, or implement for use under 

this part, any alternate academic achievement standards for children with disabilities that are not alternate academic achievement standards that meet the 

requirements of clause (i). 

(F) ENGLISH LANGUAGE PROFICIENCY STANDARDS.— 

Each State plan shall demonstrate that the State has 

adopted English language proficiency standards that— 

(i) are derived from the 4 recognized domains of 

speaking, listening, reading, and writing; 

(ii) address the different proficiency levels of 

English learners; and 


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3So in law. The reference to ‘‘subsection (a)(3)’’ in subparagraph (G)(i) probably should be 

‘‘subsection (b)(3)’’. 

(iii) are aligned with the challenging State academic standards. 

(G) PROHIBITIONS.— 

(i) STANDARDS REVIEW OR APPROVAL.—A State 

shall not be required to submit any standards developed under this subsection to the Secretary for review 

or approval. 

(ii) FEDERAL CONTROL.—The Secretary shall not 

have the authority to mandate, direct, control, coerce, 

or exercise any direction or supervision over any of the 

challenging State academic standards adopted or implemented by a State. 

(H) EXISTING STANDARDS.—Nothing in this part shall 

prohibit a State from revising, consistent with this section, 

any standards adopted under this part before or after the 

date of enactment of the Every Student Succeeds Act. 

øcasterkx: The first par. (2) is current law (pre-enactment of 

PL 114-95) and the second one is not-in-effect.¿ 

(2) 4 ACCOUNTABILITY.— 

(A) IN GENERAL.—Each State plan shall demonstrate 

that the State has developed and is implementing a single, 

statewide State accountability system that will be effective 

in ensuring that all local educational agencies, public elementary schools, and public secondary schools make adequate yearly progress as defined under this paragraph. 

Each State accountability system shall— 

(i) be based on the academic standards and academic assessments adopted under paragraphs (1) and 

(3), and other academic indicators consistent with subparagraph (C)(vi) and (vii), and shall take into account 

the achievement of all public elementary school and 

secondary school students; 

(ii) be the same accountability system the State 

uses for all public elementary schools and secondary 

schools or all local educational agencies in the State, 

except that public elementary schools, secondary 

schools, and local educational agencies not participating under this part are not subject to the requirements of section 1116; and 

(iii) include sanctions and rewards, such as bonuses and recognition, the State will use to hold local 

educational agencies and public elementary schools 

and secondary schools accountable for student achievement and for ensuring that they make adequate yearly 

progress in accordance with the State’s definition 

under subparagraphs (B) and (C). 

(B) ADEQUATE YEARLY PROGRESS.—Each State plan 

shall demonstrate, based on academic assessments described in paragraph (3), and in accordance with this paragraph, what constitutes adequate yearly progress of the 


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State, and of all public elementary schools, secondary 

schools, and local educational agencies in the State, toward 

enabling all public elementary school and secondary school 

students to meet the State’s student academic achievement 

standards, while working toward the goal of narrowing the 

achievement gaps in the State, local educational agencies, 

and schools. 

(C) DEFINITION.— ‘‘Adequate yearly progress’’ shall be 

defined by the State in a manner that— 

(i) applies the same high standards of academic 

achievement to all public elementary school and secondary school students in the State; 

(ii) is statistically valid and reliable; 

(iii) results in continuous and substantial academic improvement for all students; 

(iv) measures the progress of public elementary 

schools, secondary schools and local educational agencies and the State based primarily on the academic assessments described in paragraph (3); 

(v) includes separate measurable annual objectives for continuous and substantial improvement for 

each of the following: 

(I) The achievement of all public elementary 

school and secondary school students. 

(II) The achievement of— 

(aa) economically disadvantaged students; 

(bb) students from major racial and ethnic groups; 

(cc) students with disabilities; and 

(dd) students with limited English proficiency; 

except that disaggregation of data under subclause (II) shall not be required in a case in which 

the number of students in a category is insufficient to yield statistically reliable information or 

the results would reveal personally identifiable information about an individual student; 

(vi) in accordance with subparagraph (D), includes 

graduation rates for public secondary school students 

(defined as the percentage of students who graduate 

from secondary school with a regular diploma in the 

standard number of years) and at least one other academic indicator, as determined by the State for all 

public elementary school students; and 

(vii) in accordance with subparagraph (D), at the 

State’s discretion, may also include other academic indicators, as determined by the State for all public 

school students, measured separately for each group 

described in clause (v), such as achievement on additional State or locally administered assessments, decreases in grade-to-grade retention rates, attendance 

rates, and changes in the percentages of students completing gifted and talented, advanced placement, and 

college preparatory courses. 


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3So in law. The reference to ‘‘subsection (a)(3)’’ in subparagraph (G)(i) probably should be 

‘‘subsection (b)(3)’’. 

(D) REQUIREMENTS FOR OTHER INDICATORS.—In carrying out subparagraph (C)(vi) and (vii), the State— 

(i) shall ensure that the indicators described in 

those provisions are valid and reliable, and are consistent with relevant, nationally recognized professional and technical standards, if any; and 

(ii) except as provided in subparagraph (I)(i), may 

not use those indicators to reduce the number of, or 

change, the schools that would otherwise be subject to 

school improvement, corrective action, or restructuring 

under section 1116 if those additional indicators were 

not used, but may use them to identify additional 

schools for school improvement or in need of corrective 

action or restructuring. 

(E) STARTING POINT.—Each State, using data for the 

2001–2002 school year, shall establish the starting point 

for measuring, under subparagraphs (G) and (H), the percentage of students meeting or exceeding the State’s proficient level of academic achievement on the State assessments under paragraph (3) and pursuant to the timeline 

described in subparagraph (F). The starting point shall be, 

at a minimum, based on the higher of the percentage of 

students at the proficient level who are in— 

(i) the State’s lowest achieving group of students 

described in subparagraph (C)(v)(II); or 

(ii) the school at the 20th percentile in the State, 

based on enrollment, among all schools ranked by the 

percentage of students at the proficient level. 

(F) TIMELINE.—Each State shall establish a timeline 

for adequate yearly progress. The timeline shall ensure 

that not later than 12 years after the end of the 2001–2002 

school year, all students in each group described in subparagraph (C)(v) will meet or exceed the State’s proficient 

level of academic achievement on the State assessments 

under paragraph (3). 

(G) MEASURABLE OBJECTIVES.—Each State shall establish statewide annual measurable objectives, pursuant to 

subparagraph (C)(v), for meeting the requirements of this 

paragraph, and which— 

(i) shall be set separately for the assessments of 

mathematics and reading or language arts under subsection (a)(3) 3; 

(ii) shall be the same for all schools and local educational agencies in the State; 

(iii) shall identify a single minimum percentage of 

students who are required to meet or exceed the proficient level on the academic assessments that applies 

separately to each group of students described in subparagraph (C)(v); 

(iv) shall ensure that all students will meet or exceed the State’s proficient level of academic achieveVerDate Nov 24 2008 11:50 Feb 05, 2016 Jkt 000000 PO 00000 Frm 00022 Fmt 9001 Sfmt 9001 F:\COMP\EDII\EASEAO1.BEL HOLCPC

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23 Sec. 1111 ESEA OF 1965 

ment on the State assessments within the State’s 

timeline under subparagraph (F); and 

(v) may be the same for more than 1 year, subject 

to the requirements of subparagraph (H). 

(H) INTERMEDIATE GOALS FOR ANNUAL YEARLY

PROGRESS.—Each State shall establish intermediate goals 

for meeting the requirements, including the measurable 

objectives in subparagraph (G), of this paragraph and that 

shall— 

(i) increase in equal increments over the period 

covered by the State’s timeline under subparagraph 

(F); 

(ii) provide for the first increase to occur in not 

more than 2 years; and 

(iii) provide for each following increase to occur in 

not more than 3 years. 

(I) ANNUAL IMPROVEMENT FOR SCHOOLS.—Each year, 

for a school to make adequate yearly progress under this 

paragraph— 

(i) each group of students described in subparagraph (C)(v) must meet or exceed the objectives set by 

the State under subparagraph (G), except that if any 

group described in subparagraph (C)(v) does not meet 

those objectives in any particular year, the school shall 

be considered to have made adequate yearly progress 

if the percentage of students in that group who did not 

meet or exceed the proficient level of academic 

achievement on the State assessments under paragraph (3) for that year decreased by 10 percent of that 

percentage from the preceding school year and that 

group made progress on one or more of the academic 

indicators described in subparagraph (C)(vi) or (vii); 

and 

(ii) not less than 95 percent of each group of students described in subparagraph (C)(v) who are enrolled in the school are required to take the assessments, consistent with paragraph (3)(C)(xi) and with 

accommodations, guidelines, and alternative assessments provided in the same manner as those provided 

under section 612(a)(16)(A) of the Individuals with 

Disabilities Education Act and paragraph (3), on 

which adequate yearly progress is based (except that 

the 95 percent requirement described in this clause 

shall not apply in a case in which the number of students in a category is insufficient to yield statistically 

reliable information or the results would reveal personally identifiable information about an individual 

student). 

(J) UNIFORM AVERAGING PROCEDURE.—For the purpose 

of determining whether schools are making adequate yearly progress, the State may establish a uniform procedure 

for averaging data which includes one or more of the following: 


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(i) The State may average data from the school 

year for which the determination is made with data 

from one or two school years immediately preceding 

that school year. 

(ii) Until the assessments described in paragraph 

(3) are administered in such manner and time to allow 

for the implementation of the uniform procedure for 

averaging data described in clause (i), the State may 

use the academic assessments that were required 

under paragraph (3) as that paragraph was in effect 

on the day preceding the date of enactment of the No 

Child Left Behind Act of 2001, provided that nothing 

in this clause shall be construed to undermine or delay 

the determination of adequate yearly progress, the requirements of section 1116, or the implementation of 

assessments under this section. 

(iii) The State may use data across grades in a 

school. 

(K) ACCOUNTABILITY FOR CHARTER SCHOOLS.—The accountability provisions under this Act shall be overseen for 

charter schools in accordance with State charter school 

law. 

øNote: Effective on August 2, 2016, paragraph (2), as amended by 

section 1005 of Public Law 114–95, is amended to read as follows:¿ 

(2) ACADEMIC ASSESSMENTS.— 

(A) IN GENERAL.—Each State plan shall demonstrate 

that the State educational agency, in consultation with 

local educational agencies, has implemented a set of highquality student academic assessments in mathematics, 

reading or language arts, and science. The State retains the 

right to implement such assessments in any other subject 

chosen by the State. 

(B) REQUIREMENTS.—The assessments under subparagraph (A) shall— 

(i) except as provided in subparagraph (D), be— 

(I) the same academic assessments used to 

measure the achievement of all public elementary 

school and secondary school students in the State; 

and 

(II) administered to all public elementary 

school and secondary school students in the State; 

(ii) be aligned with the challenging State academic 

standards, and provide coherent and timely information about student attainment of such standards and 

whether the student is performing at the student’s 

grade level; 

(iii) be used for purposes for which such assessments are valid and reliable, consistent with relevant, 

nationally recognized professional and technical testing 

standards, objectively measure academic achievement, 

knowledge, and skills, and be tests that do not evaluate 


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25 Sec. 1111 ESEA OF 1965 

or assess personal or family beliefs and attitudes, or 

publicly disclose personally identifiable information; 

(iv) be of adequate technical quality for each purpose required under this Act and consistent with the 

requirements of this section, the evidence of which shall 

be made public, including on the website of the State 

educational agency; 

(v)(I) in the case of mathematics and reading or 

language arts, be administered— 

(aa) in each of grades 3 through 8; and 

(bb) at least once in grades 9 through 12; 

(II) in the case of science, be administered not less 

than one time during— 

(aa) grades 3 through 5; 

(bb) grades 6 through 9; and 

(cc) grades 10 through 12; and 

(III) in the case of any other subject chosen by the 

State, be administered at the discretion of the State; 

(vi) involve multiple up-to-date measures of student academic achievement, including measures that 

assess higher-order thinking skills and understanding, 

which may include measures of student academic 

growth and may be partially delivered in the form of 

portfolios, projects, or extended performance tasks; 

(vii) provide for— 

(I) the participation in such assessments of all 

students; 

(II) the appropriate accommodations, such as 

interoperability with, and ability to use, assistive 

technology, for children with disabilities (as defined in section 602(3) of the Individuals with Disabilities Education Act (20 U.S.C. 1401(3))), including students with the most significant cognitive disabilities, and students with a disability 

who are provided accommodations under an Act 

other than the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.), necessary to 

measure the academic achievement of such children relative to the challenging State academic 

standards or alternate academic achievement 

standards described in paragraph (1)(E); and 

(III) the inclusion of English learners, who 

shall be assessed in a valid and reliable manner 

and provided appropriate accommodations on assessments administered to such students under 

this paragraph, including, to the extent practicable, assessments in the language and form 

most likely to yield accurate data on what such 

students know and can do in academic content 

areas, until such students have achieved English 

language proficiency, as determined under subparagraph (G); 

(viii) at the State’s discretion— 


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(I) be administered through a single 

summative assessment; or 

(II) be administered through multiple statewide interim assessments during the course of the 

academic year that result in a single summative 

score that provides valid, reliable, and transparent 

information on student achievement or growth; 

(ix) notwithstanding clause (vii)(III), provide for 

assessments (using tests in English) of reading or language arts of any student who has attended school in 

the United States (not including the Commonwealth of 

Puerto Rico) for 3 or more consecutive school years, except that if the local educational agency determines, on 

a case-by-case individual basis, that academic assessments in another language or form would likely yield 

more accurate and reliable information on what such 

student knows and can do, the local educational agency may make a determination to assess such student in 

the appropriate language other than English for a period that does not exceed 2 additional consecutive 

years, provided that such student has not yet reached 

a level of English language proficiency sufficient to 

yield valid and reliable information on what such student knows and can do on tests (written in English) of 

reading or language arts; 

(x) produce individual student interpretive, descriptive, and diagnostic reports, consistent with clause 

(iii), regarding achievement on such assessments that 

allow parents, teachers, principals, and other school 

leaders to understand and address the specific academic needs of students, and that are provided to parents, teachers, and school leaders, as soon as is practicable after the assessment is given, in an understandable and uniform format, and to the extent practicable, 

in a language that parents can understand; 

(xi) enable results to be disaggregated within each 

State, local educational agency, and school by— 

(I) each major racial and ethnic group; 

(II) economically disadvantaged students as 

compared to students who are not economically 

disadvantaged; 

(III) children with disabilities as compared to 

children without disabilities; 

(IV) English proficiency status; 

(V) gender; and 

(VI) migrant status, 

except that such disaggregation shall not be required 

in the case of a State, local educational agency, or a 

school in which the number of students in a subgroup 

is insufficient to yield statistically reliable information 

or the results would reveal personally identifiable information about an individual student; 

(xii) enable itemized score analyses to be produced 

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cational agencies and schools, so that parents, teachers, 

principals, other school leaders, and administrators 

can interpret and address the specific academic needs 

of students as indicated by the students’ achievement 

on assessment items; and 

(xiii) be developed, to the extent practicable, using 

the principles of universal design for learning. 

(C) EXCEPTION FOR ADVANCED MATHEMATICS IN MIDDLE SCHOOL.—A State may exempt any 8th grade student 

from the assessment in mathematics described in subparagraph (B)(v)(I)(aa) if— 

(i) such student takes the end-of-course assessment 

the State typically administers to meet the requirements of subparagraph (B)(v)(I)(bb) in mathematics; 

(ii) such student’s achievement on such end-ofcourse assessment is used for purposes of subsection 

(c)(4)(B)(i), in lieu of such student’s achievement on the 

mathematics assessment required under subparagraph 

(B)(v)(I)(aa), and such student is counted as participating in the assessment for purposes of subsection 

(c)(4)(B)(vi); and 

(iii) in high school, such student takes a mathematics assessment pursuant to subparagraph 

(B)(v)(I)(bb) that— 

(I) is any end-of-course assessment or other assessment that is more advanced than the assessment taken by such student under clause (i) of this 

subparagraph; and 

(II) shall be used to measure such student’s 

academic achievement for purposes of subsection 

(c)(4)(B)(i). 

(D) ALTERNATE ASSESSMENTS FOR STUDENTS WITH THE

MOST SIGNIFICANT COGNITIVE DISABILITIES.— 

(i) ALTERNATE ASSESSMENTS ALIGNED WITH ALTERNATE ACADEMIC ACHIEVEMENT STANDARDS.—A State 

may provide for alternate assessments aligned with the 

challenging State academic standards and alternate 

academic achievement standards described in paragraph (1)(E) for students with the most significant cognitive disabilities, if the State— 

(I) consistent with clause (ii), ensures that, for 

each subject, the total number of students assessed 

in such subject using the alternate assessments 

does not exceed 1 percent of the total number of all 

students in the State who are assessed in such subject; 

(II) ensures that the parents of such students 

are clearly informed, as part of the process for developing the individualized education program (as 

defined in section 614(d)(1)(A) of the Individuals 

with Disabilities Education Act (20 U.S.C. 

1414(d)(1)(A)))— 


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(aa) that their child’s academic achievement will be measured based on such alternate standards; and 

(bb) how participation in such assessments may delay or otherwise affect the student from completing the requirements for a 

regular high school diploma; 

(III) promotes, consistent with the Individuals 

with Disabilities Education Act (20 U.S.C. 1400 et 

seq.), the involvement and progress of students 

with the most significant cognitive disabilities in 

the general education curriculum; 

(IV) describes in the State plan the steps the 

State has taken to incorporate universal design for 

learning, to the extent feasible, in alternate assessments; 

(V) describes in the State plan that general 

and special education teachers, and other appropriate staff— 

(aa) know how to administer the alternate 

assessments; and 

(bb) make appropriate use of accommodations for students with disabilities on all assessments required under this paragraph; 

(VI) develops, disseminates information on, 

and promotes the use of appropriate accommodations to increase the number of students with significant cognitive disabilities— 

(aa) participating in academic instruction 

and assessments for the grade level in which 

the student is enrolled; and 

(bb) who are tested based on challenging 

State academic standards for the grade level 

in which the student is enrolled; and 

(VII) does not preclude a student with the 

most significant cognitive disabilities who takes an 

alternate assessment based on alternate academic 

achievement standards from attempting to complete the requirements for a regular high school diploma. 

(ii) SPECIAL RULES.— 

(I) RESPONSIBILITY UNDER IDEA.—Subject to 

the authority and requirements for the individualized education program team for a child with a 

disability under section 614(d)(1)(A)(i)(VI)(bb) of 

the Individuals with Disabilities Education Act 

(20 U.S.C. 1414(d)(1)(A)(i)(VI)(bb)), such team, 

consistent with the guidelines established by the 

State and required under section 612(a)(16)(C) of 

such Act (20 U.S.C. 1412(c)(16)(C)) and clause 

(i)(II) of this subparagraph, shall determine when 

a child with a significant cognitive disability shall 

participate in an alternate assessment aligned 


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29 Sec. 1111 ESEA OF 1965 

with the alternate academic achievement standards. 

(II) PROHIBITION ON LOCAL CAP.—Nothing in 

this subparagraph shall be construed to permit the 

Secretary or a State educational agency to impose 

on any local educational agency a cap on the percentage of students administered an alternate assessment under this subparagraph, except that a 

local educational agency exceeding the cap applied 

to the State under clause (i)(I) shall submit information to the State educational agency justifying 

the need to exceed such cap. 

(III) STATE SUPPORT.—A State shall provide 

appropriate oversight, as determined by the State, 

of any local educational agency that is required to 

submit information to the State under subclause 

(II). 

(IV) WAIVER AUTHORITY.—This subparagraph 

shall be subject to the waiver authority under section 8401. 

(E) STATE AUTHORITY.—If a State educational agency 

provides evidence, which is satisfactory to the Secretary, 

that neither the State educational agency nor any other 

State government official, agency, or entity has sufficient 

authority, under State law, to adopt challenging State academic standards, and academic assessments aligned with 

such standards, which will be applicable to all students enrolled in the State’s public elementary schools and secondary schools, then the State educational agency may 

meet the requirements of this subsection by— 

(i) adopting academic standards and academic assessments that meet the requirements of this subsection, on a statewide basis, and limiting their applicability to students served under this part; or 

(ii) adopting and implementing policies that ensure that each local educational agency in the State 

that receives grants under this part will adopt academic content and student academic achievement 

standards, and academic assessments aligned with 

such standards, which— 

(I) meet all of the criteria in this subsection 

and any regulations regarding such standards and 

assessments that the Secretary may publish; and 

(II) are applicable to all students served by 

each such local educational agency. 

(F) LANGUAGE ASSESSMENTS.— 

(i) IN GENERAL.—Each State plan shall identify 

the languages other than English that are present to a 

significant extent in the participating student population of the State and indicate the languages for 

which annual student academic assessments are not 

available and are needed. 

(ii) SECRETARIAL ASSISTANCE.—The State shall 

make every effort to develop such assessments and may 


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request assistance from the Secretary if linguistically 

accessible academic assessment measures are needed. 

Upon request, the Secretary shall assist with the identification of appropriate academic assessment measures 

in the needed languages, but shall not mandate a specific academic assessment or mode of instruction. 

(G) ASSESSMENTS OF ENGLISH LANGUAGE PRO- FICIENCY.— 

(i) IN GENERAL.—Each State plan shall demonstrate that local educational agencies in the State 

will provide for an annual assessment of English proficiency of all English learners in the schools served by 

the State educational agency. 

(ii) ALIGNMENT.—The assessments described in 

clause (i) shall be aligned with the State’s English language proficiency standards described in paragraph 

(1)(F). 

(H) LOCALLY-SELECTED ASSESSMENT.— (i) IN GENERAL.—Nothing in this paragraph shall 

be construed to prohibit a local educational agency 

from administering a locally-selected assessment in 

lieu of the State-designed academic assessment under 

subclause (I)(bb) and subclause (II)(cc) of subparagraph (B)(v), if the local educational agency selects a 

nationally-recognized high school academic assessment 

that has been approved for use by the State as described in clause (iii) or (iv) of this subparagraph. 

(ii) STATE TECHNICAL CRITERIA.—To allow for 

State approval of nationally-recognized high school 

academic assessments that are available for local selection under clause (i), a State educational agency shall 

establish technical criteria to determine if any such assessment meets the requirements of clause (v). 

(iii) STATE APPROVAL.—If a State educational 

agency chooses to make a nationally-recognized high 

school assessment available for selection by a local educational agency under clause (i), which has not already 

been approved under this clause, such State educational agency shall— 

(I) conduct a review of the assessment to determine if such assessment meets or exceeds the technical criteria established by the State educational 

agency under clause (ii); 

(II) submit evidence in accordance with subsection (a)(4) that demonstrates such assessment 

meets the requirements of clause (v); and 

(III) after fulfilling the requirements of subclauses (I) and (II), approve such assessment for 

selection and use by any local educational agency 

that requests to use such assessment under clause 

(i). 

(iv) LOCAL EDUCATIONAL AGENCY OPTION.— 

(I) LOCAL EDUCATIONAL AGENCY.—If a local 

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recognized high school academic assessment to the 

State educational agency, subject to the approval 

process described in subclause (I) and subclause 

(II) of clause (iii) to determine if such assessment 

fulfills the requirements of clause (v), the State 

educational agency may approve the use of such 

assessment consistent with clause (i). 

(II) STATE EDUCATIONAL AGENCY.—Upon such 

approval, the State educational agency shall approve the use of such assessment in any other local 

educational agency in the State that subsequently 

requests to use such assessment without repeating 

the process described in subclauses (I) and (II) of 

clause (iii). 

(v) REQUIREMENTS.—To receive approval from the 

State educational agency under clause (iii), a locallyselected assessment shall— 

(I) be aligned to the State’s academic content 

standards under paragraph (1), address the depth 

and breadth of such standards, and be equivalent 

in its content coverage, difficulty, and quality to 

the State-designed assessments under this paragraph (and may be more rigorous in its content 

coverage and difficulty than such State-designed 

assessments); 

(II) provide comparable, valid, and reliable 

data on academic achievement, as compared to the 

State-designed assessments, for all students and 

for each subgroup of students defined in subsection 

(c)(2), with results expressed in terms consistent 

with the State’s academic achievement standards 

under paragraph (1), among all local educational 

agencies within the State; 

(III) meet the requirements for the assessments 

under subparagraph (B) of this paragraph, including technical criteria, except the requirement under 

clause (i) of such subparagraph; and 

(IV) provide unbiased, rational, and consistent 

differentiation between schools within the State to 

meet the requirements of subsection (c). 

(vi) PARENTAL NOTIFICATION.—A local educational 

agency shall notify the parents of high school students 

served by the local educational agency— 

(I) of its request to the State educational agency for approval to administer a locally-selected assessment; and 

(II) upon approval, and at the beginning of 

each subsequent school year during which the locally selected assessment will be administered, 

that the local educational agency will be administering a different assessment than the State-designed assessments under subclause (I)(bb) and 

subclause (II)(cc) of subparagraph (B)(v). 


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(I) DEFERRAL.—A State may defer the commencement, 

or suspend the administration, but not cease the development, of the assessments described in this paragraph, for 1 

year for each year for which the amount appropriated for 

grants under part B is less than $369,100,000. 

(J) ADAPTIVE ASSESSMENTS.— 

(i) IN GENERAL.—Subject to clause (ii), a State retains the right to develop and administer computer 

adaptive assessments as the assessments described in 

this paragraph, provided the computer adaptive assessments meet the requirements of this paragraph, except 

that— 

(I) subparagraph (B)(i) shall not be interpreted 

to require that all students taking the computer 

adaptive assessment be administered the same assessment items; and 

(II) such assessment— 

(aa) shall measure, at a minimum, each 

student’s academic proficiency based on the 

challenging State academic standards for the 

student’s grade level and growth toward such 

standards; and 

(bb) may measure the student’s level of 

academic proficiency and growth using items 

above or below the student’s grade level, including for use as part of a State’s accountability system under subsection (c). 

(ii) STUDENTS WITH THE MOST SIGNIFICANT COGNITIVE DISABILITIES AND ENGLISH LEARNERS.—In developing and administering computer adaptive assessments— 

(I) as the assessments allowed under subparagraph (D), a State shall ensure that such computer 

adaptive assessments— 

(aa) meet the requirements of this paragraph, including subparagraph (D), except 

such assessments shall not be required to meet 

the requirements of clause (i)(II); and 

(bb) assess the student’s academic achievement to measure, in the subject being assessed, 

whether the student is performing at the student’s grade level; and 

(II) as the assessments required under subparagraph (G), a State shall ensure that such computer adaptive assessments— 

(aa) meet the requirements of this paragraph, including subparagraph (G), except 

such assessment shall not be required to meet 

the requirements of clause (i)(II); and 

(bb) assess the student’s language proficiency, which may include growth towards 

such proficiency, in order to measure the student’s acquisition of English. 


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(K) RULE OF CONSTRUCTION ON PARENT RIGHTS.— Nothing in this paragraph shall be construed as preempting a State or local law regarding the decision of a 

parent to not have the parent’s child participate in the academic assessments under this paragraph. 

(L) LIMITATION ON ASSESSMENT TIME.—Subject to Federal or State requirements related to assessments, evaluations, and accommodations, each State may, at the sole discretion of such State, set a target limit on the aggregate 

amount of time devoted to the administration of assessments for each grade, expressed as a percentage of annual 

instructional hours. 

(3) EXCEPTION FOR RECENTLY ARRIVED ENGLISH LEARN- ERS.— (A) ASSESSMENTS.—With respect to recently arrived 

English learners who have been enrolled in a school in one 

of the 50 States in the United States or the District of Columbia for less than 12 months, a State may choose to— 

(i) exclude— 

(I) such an English learner from one administration of the reading or language arts assessment 

required under paragraph (2); and 

(II) such an English learner’s results on any 

of the assessments required under paragraph 

(2)(B)(v)(I) or (2)(G) for the first year of the 

English learner’s enrollment in such a school for 

the purposes of the State-determined accountability system under subsection (c); or 

(ii)(I) assess, and report the performance of, such 

an English learner on the reading or language arts 

and mathematics assessments required under paragraph (2)(B)(v)(I) in each year of the student’s enrollment in such a school; and 

(II) for the purposes of the State-determined accountability system— 

(aa) for the first year of the student’s enrollment in such a school, exclude the results on the 

assessments described in subclause (I); 

(bb) include a measure of student growth on 

the assessments described in subclause (I) in the 

second year of the student’s enrollment in such a 

school; and 

(cc) include proficiency on the assessments described in subclause (I) in the third year of the 

student’s enrollment in such a school, and each 

succeeding year of such enrollment. 

(B) ENGLISH LEARNER SUBGROUP.—With respect to a 

student previously identified as an English learner and for 

not more than 4 years after the student ceases to be identified as an English learner, a State may include the results of the student’s assessments under paragraph 

(2)(B)(v)(I) within the English learner subgroup of the subgroups of students (as defined in subsection (c)(2)(D)) for 


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5Section 1005 of Public Law 114–95 provides for an amendment to amend to read as follows 

the entire section 1111 that is (effective on date of enactment of such Public Law (December 

10, 2015)) except for subsection (b)(2), (c), and (d). Section 5(e)(1)(B) of such Public Law states: 

‘‘subsections (c) and (d) of section 1111 of the Elementary and Secondary Education Act of 1965 

(20 U.S.C. 6311), as amended by this Act, shall take effect beginning with school year 2017– 

2018’’. The school year for 2017–2018 begins on July 1, 2017. Upon such date, the versions following the first subsection (d) (set out in a note below) will execute and replace the first two 

subsections (c) and (d) in their entirety. 

the purposes of the State-determined accountability system. 

øcasterkx: The first subsections (c) and (d) are current law 

(pre-enactment of PL 114-95) and the following subsections (c) and 

(d) (as amended by PL 114-95) are not-in-effect.¿ 

(c) 5 OTHER PROVISIONS TO SUPPORT TEACHING AND LEARN- ING.—Each State plan shall contain assurances that— 

(1) the State educational agency will meet the requirements of subsection (h)(1) and, beginning with the 2002–2003 

school year, will produce the annual State report cards described in such subsection, except that the Secretary may provide the State educational agency 1 additional year if the State 

educational agency demonstrates that exceptional or uncontrollable circumstances, such as a natural disaster or a precipitous 

and unforeseen decline in the financial resources of the State, 

prevented full implementation of this paragraph by that deadline and that the State will complete implementation within 

the additional 1-year period; 

(2) the State will, beginning in school year 2002–2003, participate in biennial State academic assessments of 4th and 8th 

grade reading and mathematics under the National Assessment of Educational Progress carried out under section 

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

Authorization Act if the Secretary pays the costs of administering such assessments; 

(3) the State educational agency, in consultation with the 

Governor, will include, as a component of the State plan, a 

plan to carry out the responsibilities of the State under sections 1116 and 1117, including carrying out the State educational agency’s statewide system of technical assistance and 

support for local educational agencies; 

(4) the State educational agency will work with other 

agencies, including educational service agencies or other local 

consortia, and institutions to provide technical assistance to 

local educational agencies and schools, including technical assistance in providing professional development under section 

1119, technical assistance under section 1117, and technical 

assistance relating to parental involvement under section 1118; 

(5)(A) where educational service agencies exist, the State 

educational agency will consider providing professional development and technical assistance through such agencies; and 

(B) where educational service agencies do not exist, the 

State educational agency will consider providing professional 

development and technical assistance through other cooperative agreements such as through a consortium of local educational agencies; 


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(6) the State educational agency will notify local educational agencies and the public of the content and student 

academic achievement standards and academic assessments 

developed under this section, and of the authority to operate 

schoolwide programs, and will fulfill the State educational 

agency’s responsibilities regarding local educational agency improvement and school improvement under section 1116, including such corrective actions as are necessary; 

(7) the State educational agency will provide the least restrictive and burdensome regulations for local educational 

agencies and individual schools participating in a program assisted under this part; 

(8) the State educational agency will inform the Secretary 

and the public of how Federal laws, if at all, hinder the ability 

of States to hold local educational agencies and schools accountable for student academic achievement; 

(9) the State educational agency will encourage schools to 

consolidate funds from other Federal, State, and local sources 

for schoolwide reform in schoolwide programs under section 

1114; 

(10) the State educational agency will modify or eliminate 

State fiscal and accounting barriers so that schools can easily 

consolidate funds from other Federal, State, and local sources 

for schoolwide programs under section 1114; 

(11) the State educational agency has involved the committee of practitioners established under section 1903(b) in developing the plan and monitoring its implementation; 

(12) the State educational agency will inform local educational agencies in the State of the local educational agency’s 

authority to transfer funds under title VI, to obtain waivers 

under part D of title IX, and, if the State is an Ed-Flex Partnership State, to obtain waivers under the Education Flexibility Partnership Act of 1999; 

(13) the State educational agency will coordinate activities 

funded under this part with other Federal activities as appropriate; and 

(14) the State educational agency will encourage local educational agencies and individual schools participating in a program assisted under this part to offer family literacy services 

(using funds under this part), if the agency or school determines that a substantial number of students served under this 

part by the agency or school have parents who do not have a 

secondary school diploma or its recognized equivalent or who 

have low levels of literacy. 

(d) 5 PARENTAL INVOLVEMENT.—Each State plan shall describe 

how the State educational agency will support the collection and 

dissemination to local educational agencies and schools of effective 

parental involvement practices. Such practices shall— 

(1) be based on the most current research that meets the 

highest professional and technical standards, on effective parental involvement that fosters achievement to high standards 

for all children; and 


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(2) be geared toward lowering barriers to greater participation by parents in school planning, review, and improvement 

experienced. 

øNote: Effective beginning with school year 2017–2018 (July 1, 

2017), subsections (c) and (d), as amended by section 1005 of Public 

Law 114–95, are amended to read as follows:¿ 

(c) STATEWIDE ACCOUNTABILITY SYSTEM.— (1) IN GENERAL.—Each State plan shall describe a statewide accountability system that complies with the requirements 

of this subsection and subsection (d). 

(2) SUBGROUP OF STUDENTS.—In this subsection and subsection (d), the term ‘‘subgroup of students’’ means— 

(A) economically disadvantaged students; 

(B) students from major racial and ethnic groups; 

(C) children with disabilities; and 

(D) English learners. 

(3) MINIMUM NUMBER OF STUDENTS.—Each State shall describe— 

(A) with respect to any provisions under this part that 

require disaggregation of information by each subgroup of 

students— 

(i) the minimum number of students that the State 

determines are necessary to be included to carry out 

such requirements and how that number is statistically 

sound, which shall be the same State-determined number for all students and for each subgroup of students 

in the State; 

(ii) how such minimum number of students was 

determined by the State, including how the State collaborated with teachers, principals, other school leaders, parents, and other stakeholders when determining 

such minimum number; and 

(iii) how the State ensures that such minimum 

number is sufficient to not reveal any personally identifiable information. 

(4) DESCRIPTION OF SYSTEM.—The statewide accountability 

system described in paragraph (1) shall be based on the challenging State academic standards for reading or language arts 

and mathematics described in subsection (b)(1) to improve student academic achievement and school success. In designing 

such system to meet the requirements of this part, the State 

shall carry out the following: 

(A) ESTABLISHMENT OF LONG-TERM GOALS.—Establish 

ambitious State-designed long-term goals, which shall include measurements of interim progress toward meeting 

such goals— 

(i) for all students and separately for each subgroup of students in the State— 

(I) for, at a minimum, improved— 

(aa) academic achievement, as measured 

by proficiency on the annual assessments required under subsection (b)(2)(B)(v)(I); and 


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(bb) high school graduation rates, including— 

(AA) the four-year adjusted cohort 

graduation rate; and 

(BB) at the State’s discretion, the extended-year adjusted cohort graduation 

rate, except that the State shall set a more 

rigorous long-term goal for such graduation rate, as compared to the long-term 

goal set for the four-year adjusted cohort 

graduation rate; 

(II) for which the term set by the State for 

such goals is the same multi-year length of time 

for all students and for each subgroup of students 

in the State; and 

(III) that, for subgroups of students who are 

behind on the measures described in items (aa) 

and (bb) of subclause (I), take into account the improvement necessary on such measures to make 

significant progress in closing statewide proficiency and graduation rate gaps; and 

(ii) for English learners, for increases in the percentage of such students making progress in achieving 

English language proficiency, as defined by the State 

and measured by the assessments described in subsection (b)(2)(G), within a State-determined timeline. 

(B) INDICATORS.—Except for the indicator described in 

clause (iv), annually measure, for all students and separately for each subgroup of students, the following indicators: 

(i) For all public schools in the State, based on the 

long-term goals established under subparagraph (A), 

academic achievement— 

(I) as measured by proficiency on the annual 

assessments required under subsection 

(b)(2)(B)(v)(I); and 

(II) at the State’s discretion, for each public 

high school in the State, student growth, as measured by such annual assessments. 

(ii) For public elementary schools and secondary 

schools that are not high schools in the State— 

(I) a measure of student growth, if determined 

appropriate by the State; or 

(II) another valid and reliable statewide academic indicator that allows for meaningful differentiation in school performance. 

(iii) For public high schools in the State, and 

based on State-designed long term goals established 

under subparagraph (A)— 

(I) the four-year adjusted cohort graduation 

rate; and 

(II) at the State’s discretion, the extended-year 

adjusted cohort graduation rate. 


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(iv) For public schools in the State, progress in 

achieving English language proficiency, as defined by 

the State and measured by the assessments described 

in subsection (b)(2)(G), within a State-determined 

timeline for all English learners— 

(I) in each of the grades 3 through 8; and 

(II) in the grade for which such English learners are otherwise assessed under subsection 

(b)(2)(B)(v)(I) during the grade 9 through grade 12 

period, with such progress being measured against 

the results of the assessments described in subsection (b)(2)(G) taken in the previous grade. 

(v)(I) For all public schools in the State, not less 

than one indicator of school quality or student success 

that— 

(aa) allows for meaningful differentiation in 

school performance; 

(bb) is valid, reliable, comparable, and statewide (with the same indicator or indicators used 

for each grade span, as such term is determined by 

the State); and 

(cc) may include one or more of the measures 

described in subclause (II). 

(II) For purposes of subclause (I), the State may include measures of— 

(III) student engagement; 

(IV) educator engagement; 

(V) student access to and completion of advanced coursework; 

(VI) postsecondary readiness; 

(VII) school climate and safety; and 

(VIII) any other indicator the State chooses 

that meets the requirements of this clause. 

(C) ANNUAL MEANINGFUL DIFFERENTIATION.—Establish 

a system of meaningfully differentiating, on an annual 

basis, all public schools in the State, which shall— 

(i) be based on all indicators in the State’s accountability system under subparagraph (B), for all 

students and for each of subgroup of students, consistent with the requirements of such subparagraph; 

(ii) with respect to the indicators described in 

clauses (i) through (iv) of subparagraph (B) afford— 

(I) substantial weight to each such indicator; 

and 

(II) in the aggregate, much greater weight 

than is afforded to the indicator or indicators utilized by the State and described in subparagraph 

(B)(v), in the aggregate; and 

(iii) include differentiation of any such school in 

which any subgroup of students is consistently underperforming, as determined by the State, based on all 

indicators under subparagraph (B) and the system established under this subparagraph. 


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(D) IDENTIFICATION OF SCHOOLS.—Based on the system 

of meaningful differentiation described in subparagraph 

(C), establish a State-determined methodology to identify— 

(i) beginning with school year 2017–2018, and at 

least once every three school years thereafter, one statewide category of schools for comprehensive support and 

improvement, as described in subsection (d)(1), which 

shall include— 

(I) not less than the lowest-performing 5 percent of all schools receiving funds under this part 

in the State; 

(II) all public high schools in the State failing 

to graduate one third or more of their students; 

and 

(III) public schools in the State described 

under subsection (d)(3)(A)(i)(II); and 

(ii) at the discretion of the State, additional statewide categories of schools. 

(E) ANNUAL MEASUREMENT OF ACHIEVEMENT.—(i) Annually measure the achievement of not less than 95 percent 

of all students, and 95 percent of all students in each subgroup of students, who are enrolled in public schools on the 

assessments described under subsection (b)(2)(v)(I). 

(ii) For the purpose of measuring, calculating, and reporting on the indicator described in subparagraph (B)(i), 

include in the denominator the greater of— 

(I) 95 percent of all such students, or 95 percent of 

all such students in the subgroup, as the case may be; 

or 

(II) the number of students participating in the assessments. 

(iii) Provide a clear and understandable explanation of 

how the State will factor the requirement of clause (i) of 

this subparagraph into the statewide accountability system. 

(F) PARTIAL ATTENDANCE.—(i) In the case of a student 

who has not attended the same school within a local educational agency for at least half of a school year, the performance of such student on the indicators described in 

clauses (i), (ii), (iv), and (v) of subparagraph (B)— 

(I) may not be used in the system of meaningful 

differentiation of all public schools as described in subparagraph (C) for such school year; and 

(II) shall be used for the purpose of reporting on 

the State and local educational agency report cards 

under subsection (h) for such school year. 

(ii) In the case of a high school student who has not 

attended the same school within a local educational agency 

for at least half of a school year and has exited high school 

without a regular high school diploma and without transferring to another high school that grants a regular high 

school diploma during such school year, the local educational agency shall, in order to calculate the graduation 

rate pursuant to subparagraph (B)(iii), assign such student 

to the high school— 


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(I) at which such student was enrolled for the 

greatest proportion of school days while enrolled in 

grades 9 through 12; or 

(II) in which the student was most recently enrolled. 

(5) ACCOUNTABILITY FOR CHARTER SCHOOLS.—The accountability provisions under this Act shall be overseen for charter 

schools in accordance with State charter school law. 

(d) SCHOOL SUPPORT AND IMPROVEMENT ACTIVITIES.— 

(1) COMPREHENSIVE SUPPORT AND IMPROVEMENT.— 

(A) IN GENERAL.—Each State educational agency receiving funds under this part shall notify each local educational agency in the State of any school served by the 

local educational agency that is identified for comprehensive support and improvement under subsection (c)(4)(D)(i). 

(B) LOCAL EDUCATIONAL AGENCY ACTION.—Upon receiving such information from the State, the local educational agency shall, for each school identified by the 

State and in partnership with stakeholders (including principals and other school leaders, teachers, and parents), locally develop and implement a comprehensive support and 

improvement plan for the school to improve student outcomes, that— 

(i) is informed by all indicators described in subsection (c)(4)(B), including student performance against 

State-determined long-term goals; 

(ii) includes evidence-based interventions; 

(iii) is based on a school-level needs assessment; 

(iv) identifies resource inequities, which may include a review of local educational agency and schoollevel budgeting, to be addressed through implementation of such comprehensive support and improvement 

plan; 

(v) is approved by the school, local educational 

agency, and State educational agency; and 

(vi) upon approval and implementation, is monitored and periodically reviewed by the State educational agency. 

(C) STATE EDUCATIONAL AGENCY DISCRETION.—With 

respect to any high school in the State identified under subsection (c)(4)(D)(i)(II), the State educational agency may— 

(i) permit differentiated improvement activities 

that utilize evidence-based interventions in the case of 

such a school that predominantly serves students— 

(I) returning to education after having exited 

secondary school without a regular high school diploma; or 

(II) who, based on their grade or age, are significantly off track to accumulate sufficient academic credits to meet high school graduation requirements, as established by the State; and 

(ii) in the case of such a school that has a total enrollment of less than 100 students, permit the local 


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educational agency to forego implementation of improvement activities required under this paragraph. 

(D) PUBLIC SCHOOL CHOICE.— 

(i) IN GENERAL.—A local educational agency may 

provide all students enrolled in a school identified by 

the State for comprehensive support and improvement 

under subsection (c)(4)(D)(i) with the option to transfer 

to another public school served by the local educational 

agency, unless such an option is prohibited by State 

law. 

(ii) PRIORITY.—In providing students the option to 

transfer to another public school, the local educational 

agency shall give priority to the lowest-achieving children from low-income families, as determined by the 

local educational agency for the purposes of allocating 

funds to schools under section 1113(a)(3). 

(iii) TREATMENT.—A student who uses the option 

to transfer to another public school shall be enrolled in 

classes and other activities in the public school to 

which the student transfers in the same manner as all 

other students at the public school. 

(iv) SPECIAL RULE.—A local educational agency 

shall permit a student who transfers to another public 

school under this paragraph to remain in that school 

until the student has completed the highest grade in 

that school. 

(v) FUNDING FOR TRANSPORTATION.—A local educational agency may spend an amount equal to not 

more than 5 percent of its allocation under subpart 2 

of this part to pay for the provision of transportation 

for students who transfer under this paragraph to the 

public schools to which the students transfer. 

(2) TARGETED SUPPORT AND IMPROVEMENT.— 

(A) IN GENERAL.—Each State educational agency receiving funds under this part shall, using the meaningful 

differentiation of schools described in subsection (c)(4)(C)— 

(i) notify each local educational agency in the State 

of any school served by the local educational agency in 

which any subgroup of students is consistently underperforming, as described in subsection (c)(4)(C)(iii); 

and 

(ii) ensure such local educational agency provides 

notification to such school with respect to which subgroup or subgroups of students in such school are consistently underperforming as described in subsection 

(c)(4)(C)(iii). 

(B) TARGETED SUPPORT AND IMPROVEMENT PLAN.— 

Each school receiving a notification described in this paragraph, in partnership with stakeholders (including principals and other school leaders, teachers and parents), shall 

develop and implement a school-level targeted support and 

improvement plan to improve student outcomes based on 

the indicators in the statewide accountability system estabVerDate Nov 24 2008 11:50 Feb 05, 2016 Jkt 000000 PO 00000 Frm 00041 Fmt 9001 Sfmt 6603 F:\COMP\EDII\EASEAO1.BEL HOLCPC

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lished under subsection (c)(4), for each subgroup of students that was the subject of notification that— 

(i) is informed by all indicators described in subsection (c)(4)(B), including student performance against 

long-term goals; 

(ii) includes evidence-based interventions; 

(iii) is approved by the local educational agency 

prior to implementation of such plan; 

(iv) is monitored, upon submission and implementation, by the local educational agency; and 

(v) results in additional action following unsuccessful implementation of such plan after a number of 

years determined by the local educational agency. 

(C) ADDITIONAL TARGETED SUPPORT.—A plan described 

in subparagraph (B) that is developed and implemented in 

any school receiving a notification under this paragraph 

from the local educational agency in which any subgroup 

of students, on its own, would lead to identification under 

subsection (c)(4)(D)(i)(I) using the State’s methodology 

under subsection (c)(4)(D) shall also identify resource inequities (which may include a review of local educational 

agency and school level budgeting), to be addressed through 

implementation of such plan. 

(D) SPECIAL RULE.—The State educational agency, 

based on the State’s differentiation of schools under subsection (c)(4)(C) for school year 2017–2018, shall notify 

local educational agencies of any schools served by the local 

educational agency in which any subgroup of students, on 

its own, would lead to identification under subsection 

(c)(4)(D)(i)(I) using the State’s methodology under subsection (c)(4)(D), after which notification of such schools 

under this paragraph shall result from differentiation of 

schools pursuant to subsection (c)(4)(C)(iii). 

(3) CONTINUED SUPPORT FOR SCHOOL AND LOCAL EDUCATIONAL AGENCY IMPROVEMENT.—To ensure continued 

progress to improve student academic achievement and school 

success in the State, the State educational agency— 

(A) shall— 

(i) establish statewide exit criteria for— 

(I) schools identified by the State for comprehensive support and improvement under subsection (c)(4)(D)(i), which, if not satisfied within a 

State-determined number of years (not to exceed 

four years), shall result in more rigorous State-determined action, such as the implementation of 

interventions (which may include addressing 

school-level operations); and 

(II) schools described in paragraph (2)(C), 

which, if not satisfied within a State-determined 

number of years, shall, in the case of such schools 

receiving assistance under this part, result in identification of the school by the State for comprehensive support and improvement under subsection 

(c)(4)(D)(i)(III); 


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(ii) periodically review resource allocation to support school improvement in each local educational 

agency in the State serving— 

(I) a significant number of schools identified 

for comprehensive support and improvement under 

subsection (c)(4)(D)(i); and 

(II) a significant number of schools implementing targeted support and improvement plans 

under paragraph (2); and 

(iii) provide technical assistance to each local educational agency in the State serving a significant number of— 

(I) schools implementing comprehensive support and improvement plans under paragraph (1); 

or 

(II) schools implementing targeted support 

and improvement plans under paragraph (2); and 

(B) may— 

(i) take action to initiate additional improvement 

in any local educational agency with— 

(I) a significant number of schools that are 

consistently identified by the State for comprehensive support and improvement under subsection 

(c)(4)(D)(i) and not meeting exit criteria established 

by the State under subparagraph (A)(i)(I); or 

(II) a significant number of schools implementing targeted support and improvement plans 

under paragraph (2); and 

(ii) consistent with State law, establish alternative 

evidence-based State determined strategies that can be 

used by local educational agencies to assist a school 

identified for comprehensive support and improvement 

under subsection (c)(4)(D)(i). 

(4) RULE OF CONSTRUCTION FOR COLLECTIVE BARGAINING.— 

Nothing in this subsection shall be construed to alter or otherwise affect the rights, remedies, and procedures afforded to 

school or local educational agency employees under Federal, 

State, or local laws (including applicable regulations or court 

orders) or under the terms of collective bargaining agreements, 

memoranda of understanding, or other agreements between 

such employers and their employees. 

(e) PROHIBITION.— 

(1) IN GENERAL.—Nothing in this Act shall be construed to 

authorize or permit the Secretary— 

(A) when promulgating any rule or regulation, to promulgate any rule or regulation on the development or implementation of the statewide accountability system established under this section that would— 

(i) add new requirements that are inconsistent 

with or outside the scope of this part; 

(ii) add new criteria that are inconsistent with or 

outside the scope of this part; or 


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(iii) be in excess of statutory authority granted to 

the Secretary; 

(B) as a condition of approval of the State plan, or revisions or amendments to, the State plan, or approval of 

a waiver request submitted under section 8401, to— 

(i) require a State to add any requirements that 

are inconsistent with or outside the scope of this part; 

(ii) require a State to add or delete one or more 

specific elements of the challenging State academic 

standards; or 

(iii) prescribe— 

(I) numeric long-term goals or measurements 

of interim progress that States establish for all 

students, for any subgroups of students, and for 

English learners with respect to English language 

proficiency, under this part, including— 

(aa) the length of terms set by States in 

designing such goals; or 

(bb) the progress expected from any subgroups of students in meeting such goals; 

(II) specific academic assessments or assessment items that States or local educational agencies use to meet the requirements of subsection 

(b)(2) or otherwise use to measure student academic achievement or student growth under this 

part; 

(III) indicators that States use within the 

State accountability system under this section, including any requirement to measure student 

growth, or, if a State chooses to measure student 

growth, the specific metrics used to measure such 

growth under this part; 

(IV) the weight of any measure or indicator 

used to identify or meaningfully differentiate 

schools, under this part; 

(V) the specific methodology used by States to 

meaningfully differentiate or identify schools 

under this part; 

(VI) any specific school support and improvement strategies or activities that State or local 

educational agencies establish and implement to 

intervene in, support, and improve schools and 

improve student outcomes under this part; 

(VII) exit criteria established by States under 

subsection (d)(3)(A)(i); 

(VIII) provided that the State meets the requirements in subsection (c)(3), a minimum number of students established by a State under such 

subsection; 

(IX) any aspect or parameter of a teacher, 

principal, or other school leader evaluation system 

within a State or local educational agency; 


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(X) indicators or specific measures of teacher, 

principal, or other school leader effectiveness or 

quality; or 

(XI) the way in which the State factors the requirement under subsection (c)(4)(E)(i) into the 

statewide accountability system under this section; or 

(C) to issue new non-regulatory guidance that— 

(i) in seeking to provide explanation of requirements under this section for State or local educational 

agencies, either in response to requests for information or in anticipation of such requests, provides a 

strictly limited or exhaustive list to illustrate successful implementation of provisions under this section; or 

(ii) purports to be legally binding; or 

(D) to require data collection under this part beyond 

data derived from existing Federal, State, and local reporting requirements. 

(2) DEFINING TERMS.—In carrying out this part, the Secretary shall not, through regulation or as a condition of approval of the State plan or revisions or amendments to the 

State plan, promulgate a definition of any term used in this 

part, or otherwise prescribe any specification for any such 

term, that is inconsistent with or outside the scope of this part 

or is in violation of paragraph (1). 

(f) EXISTING STATE LAW.—Nothing in this section shall be construed to alter any State law or regulation granting parents authority over schools that repeatedly failed to make adequate yearly 

progress under this part, as in effect on the day before the date of 

the enactment of the Every Student Succeeds Act. 

(g) OTHER PLAN PROVISIONS.— 

(1) DESCRIPTIONS.—Each State plan shall describe— 

(A) how the State will provide assistance to local educational agencies and individual elementary schools choosing to use funds under this part to support early childhood 

education programs; 

(B) how low-income and minority children enrolled in 

schools assisted under this part are not served at disproportionate rates by ineffective, out-of-field, or inexperienced teachers, and the measures the State educational 

agency will use to evaluate and publicly report the 

progress of the State educational agency with respect to 

such description (except that nothing in this subparagraph 

shall be construed as requiring a State to develop or implement a teacher, principal, or other school leader evaluation 

system); 

(C) how the State educational agency will support 

local educational agencies receiving assistance under this 

part to improve school conditions for student learning, including through reducing— 

(i) incidences of bullying and harassment; 

(ii) the overuse of discipline practices that remove 

students from the classroom; and 


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(iii) the use of aversive behavioral interventions 

that compromise student health and safety; 

(D) how the State will support local educational agencies receiving assistance under this part in meeting the 

needs of students at all levels of schooling (particularly 

students in the middle grades and high school), including 

how the State will work with such local educational agencies to provide effective transitions of students to middle 

grades and high school to decrease the risk of students 

dropping out; 

(E) the steps a State educational agency will take to 

ensure collaboration with the State agency responsible for 

administering the State plans under parts B and E of title 

IV of the Social Security Act (42 U.S.C. 621 et seq. and 

670 et seq.) to ensure the educational stability of children 

in foster care, including assurances that— 

(i) any such child enrolls or remains in such 

child’s school of origin, unless a determination is made 

that it is not in such child’s best interest to attend the 

school of origin, which decision shall be based on all 

factors relating to the child’s best interest, including 

consideration of the appropriateness of the current 

educational setting and the proximity to the school in 

which the child is enrolled at the time of placement; 

(ii) when a determination is made that it is not in 

such child’s best interest to remain in the school of origin, the child is immediately enrolled in a new school, 

even if the child is unable to produce records normally 

required for enrollment; 

(iii) the enrolling school shall immediately contact 

the school last attended by any such child to obtain 

relevant academic and other records; and 

(iv) the State educational agency will designate an 

employee to serve as a point of contact for child welfare agencies and to oversee implementation of the 

State agency responsibilities required under this subparagraph, and such point of contact shall not be the 

State’s Coordinator for Education of Homeless Children and Youths under section 722(d)(3) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 

11432(d)(3)); 

(F) how the State educational agency will provide support to local educational agencies in the identification, enrollment, attendance, and school stability of homeless children and youths; and 

(G) such other factors the State educational agency determines appropriate to provide students an opportunity to 

achieve the knowledge and skills described in the challenging State academic standards. 

(2) ASSURANCES.—Each State plan shall contain assurances that— 

(A) the State will make public any methods or criteria 

the State is using to measure teacher, principal, or other 


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school leader effectiveness for the purpose of meeting the 

requirements described in paragraph (1)(B); 

(B) the State educational agency will notify local educational agencies, Indian tribes and tribal organizations, 

schools, teachers, parents, and the public of the challenging State academic standards, academic assessments, 

and State accountability system, developed under this section; 

(C) the State educational agency will assist each local 

educational agency and school affected by the State plan 

to meet the requirements of this part; 

(D) the State will participate in the biennial State academic assessments in reading and mathematics in grades 

4 and 8 of the National Assessment of Educational 

Progress carried out under section 303(b)(3) of the National Assessment of Educational Progress Authorization 

Act (20 U.S.C. 9622(b)(3)) if the Secretary pays the costs 

of administering such assessments; 

(E) the State educational agency will modify or eliminate State fiscal and accounting barriers so that schools 

can easily consolidate funds from other Federal, State, and 

local sources to improve educational opportunities and reduce unnecessary fiscal and accounting requirements; 

(F) the State educational agency will support the collection and dissemination to local educational agencies and 

schools of effective parent and family engagement strategies, including those included in the parent and family engagement policy under section 1116; 

(G) the State educational agency will provide the least 

restrictive and burdensome regulations for local educational agencies and individual schools participating in a 

program assisted under this part; 

(H) the State educational agency will ensure that local 

educational agencies, in developing and implementing programs under this part, will, to the extent feasible, work in 

consultation with outside intermediary organizations (such 

as educational service agencies), or individuals, that have 

practical expertise in the development or use of evidencebased strategies and programs to improve teaching, learning, and schools; 

(I) the State educational agency has appropriate procedures and safeguards in place to ensure the validity of the 

assessment process; 

(J) the State educational agency will ensure that all 

teachers and paraprofessionals working in a program supported with funds under this part meet applicable State 

certification and licensure requirements, including any requirements for certification obtained through alternative 

routes to certification; 

(K) the State educational agency will coordinate activities funded under this part with other Federal activities as 

appropriate; 


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(L) the State educational agency has involved the committee of practitioners established under section 1603(b) in 

developing the plan and monitoring its implementation; 

(M) the State has professional standards for paraprofessionals working in a program supported with funds 

under this part, including qualifications that were in place 

on the day before the date of enactment of the Every Student Succeeds Act; and 

(N) the State educational agency will provide the information described in clauses (ii), (iii), and (vii) of subsection (h)(1)(C) to the public in an easily accessible and 

user-friendly manner that can be cross-tabulated by, at a 

minimum, each major racial and ethnic group, gender, 

English proficiency status, and children with or without 

disabilities, which— 

(i) may be accomplished by including such information on the annual State report card described subsection (h)(1)(C); and 

(ii) shall be presented in a manner that— 

(I) is first anonymized and does not reveal 

personally identifiable information about an individual student; 

(II) does not include a number of students in 

any subgroup of students that is insufficient to 

yield statistically reliable information or that 

would reveal personally identifiable information 

about an individual student; and 

(III) is consistent with the requirements of 

section 444 of the General Education Provisions 

Act (20 U.S.C. 1232g, commonly known as the 

‘‘Family Educational Rights and Privacy Act of 

1974’’). 

(3) RULES OF CONSTRUCTION.—Nothing in paragraph (2)(N) 

shall be construed to— 

(A) require groups of students obtained by any entity 

that cross-tabulates the information provided under such 

paragraph to be considered subgroups of students, as defined in subsection (c)(2), for the purposes of the State accountability system under subsection (c); or 

(B) require or prohibit States or local educational 

agencies from publicly reporting data in a cross-tabulated 

manner, in order to meet the requirements of paragraph 

(2)(N). 

(4) TECHNICAL ASSISTANCE.—Upon request by a State educational agency, the Secretary shall provide technical assistance to such agency to— 

(A) meet the requirements of paragraph (2)(N); or 

(B) in the case of a State educational agency choosing, 

at its sole discretion, to disaggregate data described in 

clauses (ii) and (iii)(II) of subsection (h)(1)(C) for Asian and 

Native Hawaiian or Pacific Islander students using the 

same race response categories as the decennial census of 

the population, assist such State educational agency in 


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such disaggregation and in using such data to improve 

academic outcomes for such students. 

(h) REPORTS.— 

(1) ANNUAL STATE REPORT CARD.— 

(A) IN GENERAL.—A State that receives assistance 

under this part shall prepare and disseminate widely to 

the public an annual State report card for the State as a 

whole that meets the requirements of this paragraph. 

(B) IMPLEMENTATION.—The State report card required 

under this paragraph shall be— 

(i) concise; 

(ii) presented in an understandable and uniform 

format that is developed in consultation with parents 

and, to the extent practicable, in a language that parents can understand; and 

(iii) widely accessible to the public, which shall include making available on a single webpage of the 

State educational agency’s website, the State report 

card, all local educational agency report cards for each 

local educational agency in the State required under 

paragraph (2), and the annual report to the Secretary 

under paragraph (5). 

(C) MINIMUM REQUIREMENTS.—Each State report card 

required under this subsection shall include the following 

information: 

(i) A clear and concise description of the State’s 

accountability system under subsection (c), including— 

(I) the minimum number of students that the 

State determines are necessary to be included in 

each of the subgroups of students, as defined in 

subsection (c)(2), for use in the accountability system; 

(II) the long-term goals and measurements of 

interim progress for all students and for each of 

the subgroups of students, as defined in subsection (c)(2); 

(III) the indicators described in subsection 

(c)(4)(B) used to meaningfully differentiate all 

public schools in the State; 

(IV) the State’s system for meaningfully differentiating all public schools in the State, including— 

(aa) the specific weight of the indicators 

described in subsection (c)(4)(B) in such differentiation; 

(bb) the methodology by which the State 

differentiates all such schools; 

(cc) the methodology by which the State 

differentiates a school as consistently underperforming for any subgroup of students described in section (c)(4)(C)(iii), including the 

time period used by the State to determine 

consistent underperformance; and 


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(dd) the methodology by which the State 

identifies a school for comprehensive support 

and improvement as required under subsection (c)(4)(D)(i); 

(V) the number and names of all public 

schools in the State identified by the State for 

comprehensive support and improvement under 

subsection (c)(4)(D)(i) or implementing targeted 

support and improvement plans under subsection 

(d)(2); and 

(VI) the exit criteria established by the State 

as required under clause (i) of subsection (d)(3)(A), 

including the length of years established under 

clause (i)(II) of such subsection. 

(ii) For all students and disaggregated by each 

subgroup of students described in subsection 

(b)(2)(B)(xi), homeless status, status as a child in foster care, and status as a student with a parent who 

is a member of the Armed Forces (as defined in section 

101(a)(4) of title 10, United States Code) on active 

duty (as defined in section 101(d)(5) of such title), information on student achievement on the academic assessments described in subsection (b)(2) at each level 

of achievement, as determined by the State under subsection (b)(1). 

(iii) For all students and disaggregated by each of 

the subgroups of students, as defined in subsection 

(c)(2), and for purposes of subclause (II) of this clause, 

homeless status and status as a child in foster care— 

(I) information on the performance on the 

other academic indicator under subsection 

(c)(4)(B)(ii) for public elementary schools and secondary schools that are not high schools, used by 

the State in the State accountability system; and 

(II) high school graduation rates, including 

four-year adjusted cohort graduation rates and, at 

the State’s discretion, extended-year adjusted cohort graduation rates. 

(iv) Information on the number and percentage of 

English learners achieving English language proficiency. 

(v) For all students and disaggregated by each of 

the subgroups of students, as defined in subsection 

(c)(2), information on the performance on the other indicator or indicators of school quality or student success under subsection (c)(4)(B)(v) used by the State in 

the State accountability system. 

(vi) Information on the progress of all students 

and each subgroup of students, as defined in subsection (c)(2), toward meeting the State-designed long 

term goals under subsection (c)(4)(A), including the 

progress of all students and each such subgroup of 

students against the State measurements of interim 

progress established under such subsection. 


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(vii) For all students and disaggregated by each 

subgroup of students described in subsection 

(b)(2)(B)(xi), the percentage of students assessed and 

not assessed. 

(viii) Information submitted by the State educational agency and each local educational agency in 

the State, in accordance with data collection conducted 

pursuant to section 203(c)(1) of the Department of 

Education Organization Act (20 U.S.C. 3413(c)(1)), 

on— 

(I) measures of school quality, climate, and 

safety, including rates of in-school suspensions, 

out-of-school suspensions, expulsions, school-related arrests, referrals to law enforcement, chronic 

absenteeism (including both excused and unexcused absences), incidences of violence, including 

bullying and harassment; and 

(II) the number and percentage of students 

enrolled in— 

(aa) preschool programs; and 

(bb) accelerated coursework to earn postsecondary credit while still in high school, 

such as Advanced Placement and International Baccalaureate courses and examinations, and dual or concurrent enrollment programs. 

(ix) The professional qualifications of teachers in 

the State, including information (that shall be presented in the aggregate and disaggregated by highpoverty compared to low-poverty schools) on the number and percentage of— 

(I) inexperienced teachers, principals, and 

other school leaders; 

(II) teachers teaching with emergency or provisional credentials; and 

(III) teachers who are not teaching in the subject or field for which the teacher is certified or licensed. 

(x) The per-pupil expenditures of Federal, State, 

and local funds, including actual personnel expenditures and actual nonpersonnel expenditures of Federal, State, and local funds, disaggregated by source of 

funds, for each local educational agency and each 

school in the State for the preceding fiscal year. 

(xi) The number and percentages of students with 

the most significant cognitive disabilities who take an 

alternate assessment under subsection (b)(2)(D), by 

grade and subject. 

(xii) Results on the State academic assessments in 

reading and mathematics in grades 4 and 8 of the National Assessment of Educational Progress carried out 

under section 303(b)(3) of the National Assessment of 

Educational Progress Authorization Act (20 U.S.C. 


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9622(b)(3)), compared to the national average of such 

results. 

(xiii) Where available, for each high school in the 

State, and beginning with the report card prepared 

under this paragraph for 2017, the cohort rate (in the 

aggregate, and disaggregated for each subgroup of students defined in subsection (c)(2)), at which students 

who graduate from the high school enroll, for the first 

academic year that begins after the students’ graduation— 

(I) in programs of public postsecondary education in the State; and 

(II) if data are available and to the extent 

practicable, in programs of private postsecondary 

education in the State or programs of postsecondary education outside the State. 

(xiv) Any additional information that the State believes will best provide parents, students, and other 

members of the public with information regarding the 

progress of each of the State’s public elementary 

schools and secondary schools, which may include the 

number and percentage of students attaining career 

and technical proficiencies (as defined by section 

113(b) of the Carl D. Perkins Career and Technical 

Education Act of 2006 (20 U.S.C. 2323(b)) and reported by States only in a manner consistent with section 113(c) of such Act (20 U.S.C. 2323(c)). 

(D) RULES OF CONSTRUCTION.—Nothing in subparagraph (C)(viii) shall be construed as requiring— 

(i) reporting of any data that are not collected in 

accordance with section 203(c)(1) of the Department of 

Education Organization Act (20 U.S.C. 3413(c)(1); or 

(ii) disaggregation of any data other than as required under subsection (b)(2)(B)(xi). 

(2) ANNUAL LOCAL EDUCATIONAL AGENCY REPORT CARDS.— 

(A) PREPARATION AND DISSEMINATION.—A local educational agency that receives assistance under this part 

shall prepare and disseminate an annual local educational 

agency report card that includes information on such agency as a whole and each school served by the agency. 

(B) IMPLEMENTATION.—Each local educational agency 

report card shall be— 

(i) concise; 

(ii) presented in an understandable and uniform 

format, and to the extent practicable, in a language 

that parents can understand; and 

(iii) accessible to the public, which shall include— 

(I) placing such report card on the website of 

the local educational agency; and 

(II) in any case in which a local educational 

agency does not operate a website, providing the 

information to the public in another manner determined by the local educational agency. 


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(C) MINIMUM REQUIREMENTS.—The State educational 

agency shall ensure that each local educational agency collects appropriate data and includes in the local educational 

agency’s annual report the information described in paragraph (1)(C), disaggregated in the same manner as required under such paragraph, except for clause (xii) of 

such paragraph, as applied to the local educational agency 

and each school served by the local educational agency, including— 

(i) in the case of a local educational agency, information that shows how students served by the local 

educational agency achieved on the academic assessments described in subsection (b)(2) compared to students in the State as a whole; 

(ii) in the case of a school, information that shows 

how the school’s students’ achievement on the academic assessments described in subsection (b)(2) compared to students served by the local educational 

agency and the State as a whole; and 

(iii) any other information that the local educational agency determines is appropriate and will 

best provide parents, students, and other members of 

the public with information regarding the progress of 

each public school served by the local educational 

agency, whether or not such information is included in 

the annual State report card. 

(D) ADDITIONAL INFORMATION.—In the case of a local 

educational agency that issues a report card for all students, the local educational agency may include the information under this section as part of such report. 

(3) PREEXISTING REPORT CARDS.—A State educational agency or local educational agency may use public report cards on 

the performance of students, schools, local educational agencies, or the State, that were in effect prior to the date of enactment of the Every Student Succeeds Act for the purpose of this 

subsection, so long as any such report card is modified, as may 

be needed, to contain the information required by this subsection, and protects the privacy of individual students. 

(4) COST REDUCTION.—Each State educational agency and 

local educational agency receiving assistance under this part 

shall, wherever possible, take steps to reduce data collection 

costs and duplication of effort by obtaining the information required under this subsection through existing data collection 

efforts. 

(5) ANNUAL STATE REPORT TO THE SECRETARY.—Each State 

educational agency receiving assistance under this part shall 

report annually to the Secretary, and make widely available 

within the State— 

(A) information on the achievement of students on the 

academic assessments required by subsection (b)(2), including the disaggregated results for the subgroups of students as defined in subsection (c)(2); 

(B) information on the acquisition of English proficiency by English learners; 


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(C) the number and names of each public school in the 

State— 

(i) identified for comprehensive support and improvement under subsection (c)(4)(D)(i); and 

(ii) implementing targeted support and improvement plans under subsection (d)(2); and 

(D) information on the professional qualifications of 

teachers in the State, including information on the number 

and the percentage of the following teachers: 

(i) Inexperienced teachers. 

(ii) Teachers teaching with emergency or provisional credentials. 

(iii) Teachers who are not teaching in the subject 

or field for which the teacher is certified or licensed. 

(6) REPORT TO CONGRESS.—The Secretary shall transmit 

annually to the Committee on Education and the Workforce of 

the House of Representatives and the Committee on Health, 

Education, Labor, and Pensions of the Senate a report that 

provides national and State-level data on the information collected under paragraph (5). Such report shall be submitted 

through electronic means only. 

(i) PRIVACY.— 

(1) IN GENERAL.—Information collected or disseminated 

under this section (including any information collected for or 

included in the reports described in subsection (h)) shall be collected and disseminated in a manner that protects the privacy 

of individuals consistent with section 444 of the General Education Provisions Act (20 U.S.C. 1232g, commonly known as 

the ‘‘Family Educational Rights and Privacy Act of 1974’’) and 

this Act. 

(2) SUFFICIENCY.—The reports described in subsection (h) 

shall only include data that are sufficient to yield statistically 

reliable information. 

(3) DISAGGREGATION.—Disaggregation under this section 

shall not be required if such disaggregation will reveal personally identifiable information about any student, teacher, principal, or other school leader, or will provide data that are insufficient to yield statistically reliable information. 

(j) VOLUNTARY PARTNERSHIPS.—A State retains the right to 

enter into a voluntary partnership with another State to develop 

and implement the challenging State academic standards and assessments required under this section, except that the Secretary 

shall not attempt to influence, incentivize, or coerce State— 

(1) adoption of the Common Core State Standards developed under the Common Core State Standards Initiative or 

any other academic standards common to a significant number 

of States, or assessments tied to such standards; or 

(2) participation in such partnerships. 

(k) SPECIAL RULE WITH RESPECT TO BUREAU-FUNDED

SCHOOLS.—In determining the assessments to be used by each 

school operated or funded by the Bureau of Indian Education receiving funds under this part, the following shall apply until the 

requirements of section 8204(c) have been met: 


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(1) Each such school that is accredited by the State in 

which it is operating shall use the assessments and other academic indicators the State has developed and implemented to 

meet the requirements of this section, or such other appropriate assessment and academic indicators as approved by the 

Secretary of the Interior. 

(2) Each such school that is accredited by a regional accrediting organization (in consultation with and with the approval of the Secretary of the Interior, and consistent with assessments and academic indicators adopted by other schools in 

the same State or region) shall adopt an appropriate assessment and other academic indicators that meet the requirements of this section. 

(3) Each such school that is accredited by a tribal accrediting agency or tribal division of education shall use an assessment and other academic indicators developed by such agency 

or division, except that the Secretary of the Interior shall ensure that such assessment and academic indicators meet the 

requirements of this section. 

(l) CONSTRUCTION.—Nothing in this part shall be construed to 

prescribe the use of the academic assessments described in this 

part for student promotion or graduation purposes. 

SEC. 1112. ø20 U.S.C. 6312¿ LOCAL EDUCATIONAL AGENCY PLANS. 

(a) PLANS REQUIRED.— 

(1) SUBGRANTS.—A local educational agency may receive a 

subgrant under this part for any fiscal year only if such agency 

has on file with the State educational agency a plan, approved 

by the State educational agency, that— 

(A) is developed with timely and meaningful consultation with teachers, principals, other school leaders, paraprofessionals, specialized instructional support personnel, 

charter school leaders (in a local educational agency that 

has charter schools), administrators (including administrators of programs described in other parts of this title), 

other appropriate school personnel, and with parents of 

children in schools served under this part; and 

(B) as appropriate, is coordinated with other programs 

under this Act, the Individuals with Disabilities Education 

Act (20 U.S.C. 1400 et seq.), the Rehabilitation Act of 1973 

(20 U.S.C. 701 et seq.), the Carl D. Perkins Career and 

Technical Education Act of 2006 (20 U.S.C. 2301 et seq.), 

the Workforce Innovation and Opportunity Act (29 U.S.C. 

3101 et seq.), the Head Start Act (42 U.S.C. 9831 et seq.), 

the McKinney-Vento Homeless Assistance Act (42 U.S.C. 

11301 et seq.), the Adult Education and Family Literacy 

Act (29 U.S.C. 3271 et seq.), and other Acts as appropriate. 

(2) CONSOLIDATED APPLICATION.—The plan may be submitted as part of a consolidated application under section 8305. 

(3) STATE APPROVAL.— 

(A) IN GENERAL.—Each local educational agency plan 

shall be filed according to a schedule established by the 

State educational agency. 


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(B) APPROVAL.—The State educational agency shall 

approve a local educational agency’s plan only if the State 

educational agency determines that the local educational 

agency’s plan— 

(i) provides that schools served under this part 

substantially help children served under this part 

meet the challenging State academic standards; and 

(ii) meets the requirements of this section. 

(4) DURATION.—Each local educational agency plan shall 

be submitted for the first year for which this part is in effect 

following the date of enactment of the Every Student Succeeds 

Act and shall remain in effect for the duration of the agency’s 

participation under this part. 

(5) REVIEW.—Each local educational agency shall periodically review and, as necessary, revise its plan. 

(6) RULE OF CONSTRUCTION.—Consultation required under 

paragraph (1)(A) shall not interfere with the timely submission 

of the plan required under this section. 

(b) PLAN PROVISIONS.—To ensure that all children receive a 

high-quality education, and to close the achievement gap between 

children meeting the challenging State academic standards and 

those children who are not meeting such standards, each local educational agency plan shall describe— 

(1) how the local educational agency will monitor students’ 

progress in meeting the challenging State academic standards 

by— 

(A) developing and implementing a well-rounded program of instruction to meet the academic needs of all students; 

(B) identifying students who may be at risk for academic failure; 

(C) providing additional educational assistance to individual students the local educational agency or school determines need help in meeting the challenging State academic standards; and 

(D) identifying and implementing instructional and 

other strategies intended to strengthen academic programs 

and improve school conditions for student learning; 

(2) how the local educational agency will identify and address, as required under State plans as described in section 

1111(g)(1)(B), any disparities that result in low-income students and minority students being taught at higher rates than 

other students by ineffective, inexperienced, or out-of-field 

teachers; 

(3) how the local educational agency will carry out its responsibilities under paragraphs (1) and (2) of section 1111(d); 

(4) the poverty criteria that will be used to select school attendance areas under section 1113; 

(5) in general, the nature of the programs to be conducted 

by such agency’s schools under sections 1114 and 1115 and, 

where appropriate, educational services outside such schools 

for children living in local institutions for neglected or delinquent children, and for neglected and delinquent children in 

community day school programs; 


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(6) the services the local educational agency will provide 

homeless children and youths, including services provided with 

funds reserved under section 1113(c)(3)(A), to support the enrollment, attendance, and success of homeless children and 

youths, in coordination with the services the local educational 

agency is providing under the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11301 et seq.); 

(7) the strategy the local educational agency will use to implement effective parent and family engagement under section 

1116; 

(8) if applicable, how the local educational agency will support, coordinate, and integrate services provided under this 

part with early childhood education programs at the local educational agency or individual school level, including plans for 

the transition of participants in such programs to local elementary school programs; 

(9) how teachers and school leaders, in consultation with 

parents, administrators, paraprofessionals, and specialized instructional support personnel, in schools operating a targeted 

assistance school program under section 1115, will identify the 

eligible children most in need of services under this part; 

(10) how the local educational agency will implement strategies to facilitate effective transitions for students from middle 

grades to high school and from high school to postsecondary 

education including, if applicable— 

(A) through coordination with institutions of higher 

education, employers, and other local partners; and 

(B) through increased student access to early college 

high school or dual or concurrent enrollment opportunities, 

or career counseling to identify student interests and 

skills; 

(11) how the local educational agency will support efforts 

to reduce the overuse of discipline practices that remove students from the classroom, which may include identifying and 

supporting schools with high rates of discipline, disaggregated 

by each of the subgroups of students, as defined in section 

1111(c)(2); 

(12) if determined appropriate by the local educational 

agency, how such agency will support programs that coordinate 

and integrate— 

(A) academic and career and technical education content through coordinated instructional strategies, that may 

incorporate experiential learning opportunities and promote skills attainment important to in-demand occupations or industries in the State; and 

(B) work-based learning opportunities that provide 

students in-depth interaction with industry professionals 

and, if appropriate, academic credit; and 

(13) any other information on how the local educational 

agency proposes to use funds to meet the purposes of this part, 

and that the local educational agency determines appropriate 

to provide, which may include how the local educational agency 

will— 


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(A) assist schools in identifying and serving gifted and 

talented students; and 

(B) assist schools in developing effective school library 

programs to provide students an opportunity to develop 

digital literacy skills and improve academic achievement. 

(c) ASSURANCES.—Each local educational agency plan shall provide assurances that the local educational agency will— 

(1) ensure that migratory children and formerly migratory 

children who are eligible to receive services under this part are 

selected to receive such services on the same basis as other 

children who are selected to receive services under this part; 

(2) provide services to eligible children attending private 

elementary schools and secondary schools in accordance with 

section 1117, and timely and meaningful consultation with private school officials regarding such services; 

(3) participate, if selected, in the National Assessment of 

Educational Progress in reading and mathematics in grades 4 

and 8 carried out under section 303(b)(3) of the National Assessment of Educational Progress Authorization Act (20 U.S.C. 

9622(b)(3)); 

(4) coordinate and integrate services provided under this 

part with other educational services at the local educational 

agency or individual school level, such as services for English 

learners, children with disabilities, migratory children, American Indian, Alaska Native, and Native Hawaiian children, and 

homeless children and youths, in order to increase program effectiveness, eliminate duplication, and reduce fragmentation of 

the instructional program; 

(5) collaborate with the State or local child welfare agency 

to— 

(A) designate a point of contact if the corresponding 

child welfare agency notifies the local educational agency, 

in writing, that the agency has designated an employee to 

serve as a point of contact for the local educational agency; 

and 

(B) by not later than 1 year after the date of enactment of the Every Student Succeeds Act, develop and implement clear written procedures governing how transportation to maintain children in foster care in their school of 

origin when in their best interest will be provided, arranged, and funded for the duration of the time in foster 

care, which procedures shall— 

(i) ensure that children in foster care needing 

transportation to the school of origin will promptly receive transportation in a cost-effective manner and in 

accordance with section 475(4)(A) of the Social Security Act (42 U.S.C. 675(4)(A)); and 

(ii) ensure that, if there are additional costs incurred in providing transportation to maintain children in foster care in their schools of origin, the local 

educational agency will provide transportation to the 

school of origin if— 


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(I) the local child welfare agency agrees to reimburse the local educational agency for the cost 

of such transportation; 

(II) the local educational agency agrees to pay 

for the cost of such transportation; or 

(III) the local educational agency and the local 

child welfare agency agree to share the cost of 

such transportation; and 

(6) ensure that all teachers and paraprofessionals working 

in a program supported with funds under this part meet applicable State certification and licensure requirements, including 

any requirements for certification obtained through alternative 

routes to certification; and 

(7) in the case of a local educational agency that chooses 

to use funds under this part to provide early childhood education services to low-income children below the age of compulsory school attendance, ensure that such services comply with 

the performance standards established under section 641A(a) 

of the Head Start Act (42 U.S.C. 9836a(a)). 

(d) SPECIAL RULE.—For local educational agencies using funds 

under this part for the purposes described in subsection (c)(7), the 

Secretary shall— 

(1) consult with the Secretary of Health and Human Services and establish procedures (taking into consideration existing State and local laws, and local teacher contracts) to assist 

local educational agencies to comply with such subsection; and 

(2) disseminate to local educational agencies the education 

performance standards in effect under section 641A(a) of the 

Head Start Act (42 U.S.C. 9836a(a)), and such agencies affected by such subsection (c)(7) shall plan to comply with such 

subsection (taking into consideration existing State and local 

laws, and local teacher contracts), including by pursuing the 

availability of other Federal, State, and local funding sources 

to assist with such compliance. 

(e) PARENTS RIGHT-TO-KNOW.— 

(1) INFORMATION FOR PARENTS.— 

(A) IN GENERAL.—At the beginning of each school year, 

a local educational agency that receives funds under this 

part shall notify the parents of each student attending any 

school receiving funds under this part that the parents 

may request, and the agency will provide the parents on 

request (and in a timely manner), information regarding 

the professional qualifications of the student’s classroom 

teachers, including at a minimum, the following: 

(i) Whether the student’s teacher— 

(I) has met State qualification and licensing 

criteria for the grade levels and subject areas in 

which the teacher provides instruction; 

(II) is teaching under emergency or other provisional status through which State qualification 

or licensing criteria have been waived; and 

(III) is teaching in the field of discipline of the 

certification of the teacher. 


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(ii) Whether the child is provided services by paraprofessionals and, if so, their qualifications. 

(B) ADDITIONAL INFORMATION.—In addition to the information that parents may request under subparagraph 

(A), a school that receives funds under this part shall provide to each individual parent of a child who is a student 

in such school, with respect to such student— 

(i) information on the level of achievement and 

academic growth of the student, if applicable and 

available, on each of the State academic assessments 

required under this part; and 

(ii) timely notice that the student has been assigned, or has been taught for 4 or more consecutive 

weeks by, a teacher who does not meet applicable 

State certification or licensure requirements at the 

grade level and subject area in which the teacher has 

been assigned. 

(2) TESTING TRANSPARENCY.— (A) IN GENERAL.—At the beginning of each school year, 

a local educational agency that receives funds under this 

part shall notify the parents of each student attending any 

school receiving funds under this part that the parents 

may request, and the local educational agency will provide 

the parents on request (and in a timely manner), information regarding any State or local educational agency policy 

regarding student participation in any assessments mandated by section 1111(b)(2) and by the State or local educational agency, which shall include a policy, procedure, or 

parental right to opt the child out of such assessment, 

where applicable. 

(B) ADDITIONAL INFORMATION.—Subject to subparagraph (C), each local educational agency that receives 

funds under this part shall make widely available through 

public means (including by posting in a clear and easily accessible manner on the local educational agency’s website 

and, where practicable, on the website of each school 

served by the local educational agency) for each grade 

served by the local educational agency, information on 

each assessment required by the State to comply with section 1111, other assessments required by the State, and 

where such information is available and feasible to report, 

assessments required districtwide by the local educational 

agency, including— 

(i) the subject matter assessed; 

(ii) the purpose for which the assessment is designed and used; 

(iii) the source of the requirement for the assessment; and 

(iv) where such information is available— 

(I) the amount of time students will spend 

taking the assessment, and the schedule for the 

assessment; and 

(II) the time and format for disseminating results. 


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(C) LOCAL EDUCATIONAL AGENCY THAT DOES NOT OPERATE A WEBSITE.—In the case of a local educational agency 

that does not operate a website, such local educational 

agency shall determine how to make the information described in subparagraph (A) widely available, such as 

through distribution of that information to the media, 

through public agencies, or directly to parents. 

(3) LANGUAGE INSTRUCTION.— 

(A) NOTICE.—Each local educational agency using 

funds under this part or title III to provide a language instruction educational program as determined under title 

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

school year, inform parents of an English learner identified 

for participation or participating in such a program, of— 

(i) the reasons for the identification of their child 

as an English learner and in need of placement in a 

language instruction educational program; 

(ii) the child’s level of English proficiency, how 

such level was assessed, and the status of the child’s 

academic achievement; 

(iii) the methods of instruction used in the program in which their child is, or will be, participating 

and the methods of instruction used in other available 

programs, including how such programs differ in content, instructional goals, and the use of English and a 

native language in instruction; 

(iv) how the program in which their child is, or 

will be, participating will meet the educational 

strengths and needs of their child; 

(v) how such program will specifically help their 

child learn English and meet age-appropriate academic achievement standards for grade promotion and 

graduation; 

(vi) the specific exit requirements for the program, 

including the expected rate of transition from such 

program into classrooms that are not tailored for 

English learners, and the expected rate of graduation 

from high school (including four-year adjusted cohort 

graduation rates and extended-year adjusted cohort 

graduation rates for such program) if funds under this 

part are used for children in high schools; 

(vii) in the case of a child with a disability, how 

such program meets the objectives of the individualized education program of the child, as described in 

section 614(d) of the Individuals with Disabilities Education Act (20 U.S.C. 1414(d)); and 

(viii) information pertaining to parental rights 

that includes written guidance— 

(I) detailing the right that parents have to 

have their child immediately removed from such 

program upon their request; 

(II) detailing the options that parents have to 

decline to enroll their child in such program or to 


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choose another program or method of instruction, 

if available; and 

(III) assisting parents in selecting among various programs and methods of instruction, if more 

than 1 program or method is offered by the eligible entity. 

(B) SPECIAL RULE APPLICABLE DURING THE SCHOOL

YEAR.—For those children who have not been identified as 

English learners prior to the beginning of the school year 

but are identified as English learners during such school 

year, the local educational agency shall notify the children’s parents during the first 2 weeks of the child being 

placed in a language instruction educational program consistent with subparagraph (A). 

(C) PARENTAL PARTICIPATION.— 

(i) IN GENERAL.—Each local educational agency receiving funds under this part shall implement an effective means of outreach to parents of English learners to inform the parents regarding how the parents 

can— 

(I) be involved in the education of their children; and 

(II) be active participants in assisting their 

children to— 

(aa) attain English proficiency; 

(bb) achieve at high levels within a wellrounded education; and 

(cc) meet the challenging State academic 

standards expected of all students. 

(ii) REGULAR MEETINGS.—Implementing an effective means of outreach to parents under clause (i) 

shall include holding, and sending notice of opportunities for, regular meetings for the purpose of formulating and responding to recommendations from parents of students assisted under this part or title III. 

(D) BASIS FOR ADMISSION OR EXCLUSION.—A student 

shall not be admitted to, or excluded from, any federally 

assisted education program on the basis of a surname or 

language-minority status. 

(4) NOTICE AND FORMAT.—The notice and information provided to parents under this subsection shall be in an understandable and uniform format and, to the extent practicable, 

provided in a language that the parents can understand. 

SEC. 1113. ø20 U.S.C. 6313¿ ELIGIBLE SCHOOL ATTENDANCE AREAS. 

(a) DETERMINATION.— 

(1) IN GENERAL.—A local educational agency shall use 

funds received under this part only in eligible school attendance areas. 

(2) ELIGIBLE SCHOOL ATTENDANCE AREAS.—For the purposes of this part— 

(A) the term ‘‘school attendance area’’ means, in relation to a particular school, the geographical area in which 


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the children who are normally served by that school reside; 

and 

(B) the term ‘‘eligible school attendance area’’ means a 

school attendance area in which the percentage of children 

from low-income families is at least as high as the percentage of children from low-income families served by the 

local educational agency as a whole. 

(3) RANKING ORDER.— (A) RANKING.—Except as provided in subparagraph 

(B), if funds allocated in accordance with subsection (c) are 

insufficient to serve all eligible school attendance areas, a 

local educational agency shall— 

(i) annually rank, without regard to grade spans, 

such agency’s eligible school attendance areas in 

which the concentration of children from low-income 

families exceeds 75 percent from highest to lowest according to the percentage of children from low-income 

families; and 

(ii) serve such eligible school attendance areas in 

rank order. 

(B) EXCEPTION.—A local educational agency may lower 

the threshold in subparagraph (A)(i) to 50 percent for high 

schools served by such agency. 

(4) REMAINING FUNDS.—If funds remain after serving all 

eligible school attendance areas under paragraph (3), a local 

educational agency shall— 

(A) annually rank such agency’s remaining eligible 

school attendance areas from highest to lowest either by 

grade span or for the entire local educational agency according to the percentage of children from low-income families; and 

(B) serve such eligible school attendance areas in rank 

order either within each grade-span grouping or within the 

local educational agency as a whole. 

(5) MEASURES.— 

(A) IN GENERAL.—Except as provided in subparagraph 

(B), a local educational agency shall use the same measure 

of poverty, which measure shall be the number of children 

aged 5 through 17 in poverty counted in the most recent 

census data approved by the Secretary, the number of children eligible for a free or reduced price lunch under the 

Richard B. Russell National School Lunch Act (42 U.S.C. 

1751 et seq.), the number of children in families receiving 

assistance under the State program funded under part A 

of title IV of the Social Security Act, or the number of children eligible to receive medical assistance under the Medicaid Program, or a composite of such indicators, with respect to all school attendance areas in the local educational agency— 

(i) to identify eligible school attendance areas; 

(ii) to determine the ranking of each area; and 

(iii) to determine allocations under subsection (c). 

(B) SECONDARY SCHOOLS.—For measuring the number 

of students in low-income families in secondary schools, 


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the local educational agency shall use the same measure 

of poverty, which shall be— 

(i) the measure described under subparagraph (A); 

or 

(ii) subject to meeting the conditions of subparagraph (C), an accurate estimate of the number of students in low-income families in a secondary school 

that is calculated by applying the average percentage 

of students in low-income families of the elementary 

school attendance areas as calculated under subparagraph (A) that feed into the secondary school to the 

number of students enrolled in such school. 

(C) MEASURE OF POVERTY.—The local educational 

agency shall have the option to use the measure of poverty 

described in subparagraph (B)(ii) after— 

(i) conducting outreach to secondary schools within such agency to inform such schools of the option to 

use such measure; and 

(ii) a majority of such schools have approved the 

use of such measure. 

(6) EXCEPTION.—This subsection shall not apply to a local 

educational agency with a total enrollment of less than 1,000 

children. 

(7) WAIVER FOR DESEGREGATION PLANS.—The Secretary 

may approve a local educational agency’s written request for a 

waiver of the requirements of subsections (a) and (c), and permit such agency to treat as eligible, and serve, any school that 

children attend with a State-ordered, court-ordered school desegregation plan or a plan that continues to be implemented in 

accordance with a State-ordered or court-ordered desegregation 

plan, if— 

(A) the number of economically disadvantaged children 

enrolled in the school is at least 25 percent of the school’s 

total enrollment; and 

(B) the Secretary determines on the basis of a written 

request from such agency and in accordance with such criteria as the Secretary establishes, that approval of that request would further the purposes of this part. 

(b) LOCAL EDUCATIONAL AGENCY DISCRETION.— 

(1) IN GENERAL.—Notwithstanding subsection (a)(2), a local 

educational agency may— 

(A) designate as eligible any school attendance area or 

school in which at least 35 percent of the children are from 

low-income families; 

(B) use funds received under this part in a school that 

is not in an eligible school attendance area, if the percentage of children from low-income families enrolled in the 

school is equal to or greater than the percentage of such 

children in a participating school attendance area of such 

agency; 

(C) designate and serve a school attendance area or 

school that is not eligible under this section, but that was 

eligible and that was served in the preceding fiscal year, 

but only for 1 additional fiscal year; and 


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(D) elect not to serve an eligible school attendance 

area or eligible school that has a higher percentage of children from low-income families if— 

(i) the school meets the comparability requirements of section 1118(c); 

(ii) the school is receiving supplemental funds 

from other State or local sources that are spent according to the requirements of section 1114 or 1115; 

and 

(iii) the funds expended from such other sources 

equal or exceed the amount that would be provided 

under this part. 

(2) SPECIAL RULE.—Notwithstanding paragraph (1)(D), the 

number of children attending private elementary schools and 

secondary schools who are to receive services, and the assistance such children are to receive under this part, shall be determined without regard to whether the public school attendance area in which such children reside is assisted under subparagraph (A). 

(c) ALLOCATIONS.— (1) IN GENERAL.—A local educational agency shall allocate 

funds received under this part to eligible school attendance 

areas or eligible schools, identified under subsections (a) and 

(b), in rank order, on the basis of the total number of children 

from low-income families in each area or school. 

(2) SPECIAL RULE.— 

(A) IN GENERAL.—Except as provided in subparagraph 

(B), the per-pupil amount of funds allocated to each school 

attendance area or school under paragraph (1) shall be at 

least 125 percent of the per-pupil amount of funds a local 

educational agency received for that year under the poverty criteria described by the local educational agency in 

the plan submitted under section 1112, except that this 

paragraph shall not apply to a local educational agency 

that only serves schools in which the percentage of such 

children is 35 percent or greater. 

(B) EXCEPTION.—A local educational agency may reduce the amount of funds allocated under subparagraph 

(A) for a school attendance area or school by the amount 

of any supplemental State and local funds expended in 

that school attendance area or school for programs that 

meet the requirements of section 1114 or 1115. 

(3) RESERVATION OF FUNDS.— 

(A) IN GENERAL.—A local educational agency shall reserve such funds as are necessary under this part, determined in accordance with subparagraphs (B) and (C), to 

provide services comparable to those provided to children 

in schools funded under this part to serve— 

(i) homeless children and youths, including providing educationally related support services to children in shelters and other locations where children 

may live; 

(ii) children in local institutions for neglected children; and 


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(iii) if appropriate, children in local institutions for 

delinquent children, and neglected or delinquent children in community day programs. 

(B) METHOD OF DETERMINATION.—The share of funds 

determined under subparagraph (A) shall be determined— 

(i) based on the total allocation received by the 

local educational agency; and 

(ii) prior to any allowable expenditures or transfers by the local educational agency. 

(C) HOMELESS CHILDREN AND YOUTHS.—Funds reserved under subparagraph (A)(i) may be— 

(i) determined based on a needs assessment of 

homeless children and youths in the local educational 

agency, taking into consideration the number and 

needs of homeless children and youths in the local 

educational agency, and which needs assessment may 

be the same needs assessment as conducted under section 723(b)(1) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11433(b)(1)); and 

(ii) used to provide homeless children and youths 

with services not ordinarily provided to other students 

under this part, including providing— 

(I) funding for the liaison designated pursuant 

to section 722(g)(1)(J)(ii) of such Act (42 U.S.C. 

11432(g)(1)(J)(ii)); and 

(II) transportation pursuant to section 

722(g)(1)(J)(iii) of such Act (42 U.S.C. 

11432(g)(1)(J)(iii)). 

(4) FINANCIAL INCENTIVES AND REWARDS RESERVATION.—A 

local educational agency may reserve such funds as are necessary from those funds received by the local educational agency under title II, and not more than 5 percent of those funds 

received by the local educational agency under subpart 2, to 

provide financial incentives and rewards to teachers who serve 

in schools eligible under this section and identified for comprehensive support and improvement activities or targeted 

support and improvement activities under section 1111(d) for 

the purpose of attracting and retaining qualified and effective 

teachers. 

(5) EARLY CHILDHOOD EDUCATION.—A local educational 

agency may reserve funds made available to carry out this section to provide early childhood education programs for eligible 

children. 

SEC. 1114. ø20 U.S.C. 6314¿ SCHOOLWIDE PROGRAMS. 

(a) IN GENERAL.— 

(1) USE OF FUNDS FOR SCHOOLWIDE PROGRAMS.— 

(A) ELIGIBILITY.—A local educational agency may consolidate and use funds under this part, together with other 

Federal, State, and local funds, in order to upgrade the entire educational program of a school that serves an eligible 

school attendance area in which not less than 40 percent 

of the children are from low-income families, or not less 


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than 40 percent of the children enrolled in the school are 

from such families. 

(B) EXCEPTION.—A school that serves an eligible 

school attendance area in which less than 40 percent of 

the children are from low-income families, or a school for 

which less than 40 percent of the children enrolled in the 

school are from such families, may operate a schoolwide 

program under this section if the school receives a waiver 

from the State educational agency to do so, after taking 

into account how a schoolwide program will best serve the 

needs of the students in the school served under this part 

in improving academic achievement and other factors. 

(2) IDENTIFICATION OF STUDENTS NOT REQUIRED.— (A) IN GENERAL.—No school participating in a 

schoolwide program shall be required to identify— 

(i) particular children under this part as eligible 

to participate in a schoolwide program; or 

(ii) individual services as supplementary. 

(B) SUPPLEMENTAL FUNDS.—In accordance with the 

method of determination described in section 1118(b)(2), a 

school participating in a schoolwide program shall use 

funds available to carry out this section only to supplement the amount of funds that would, in the absence of 

funds under this part, be made available from non-Federal 

sources for the school, including funds needed to provide 

services that are required by law for children with disabilities and English learners. 

(3) EXEMPTION FROM STATUTORY AND REGULATORY REQUIREMENTS.— 

(A) EXEMPTION.—Except as provided in paragraph (2), 

the Secretary may, through publication of a notice in the 

Federal Register, exempt schoolwide programs under this 

section from statutory or regulatory provisions of any other 

noncompetitive formula grant program administered by 

the Secretary (other than formula or discretionary grant 

programs under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.), except as provided in 

section 613(a)(2)(D) of such Act (20 U.S.C. 1413(a)(2)(D))), 

or any discretionary grant program administered by the 

Secretary, to support schoolwide programs if the intent 

and purposes of such other programs are met. 

(B) REQUIREMENTS.—A school that chooses to use 

funds from such other programs shall not be relieved of 

the requirements relating to health, safety, civil rights, 

student and parental participation and involvement, services to private school children, comparability of services, 

maintenance of effort, uses of Federal funds to supplement, not supplant non-Federal funds (in accordance with 

the method of determination described in section 

1118(b)(2)), or the distribution of funds to State educational agencies or local educational agencies that apply 

to the receipt of funds from such programs. 

(C) RECORDS.—A school that chooses to consolidate 

and use funds from different Federal programs under this 


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section shall not be required to maintain separate fiscal 

accounting records, by program, that identify the specific 

activities supported by those particular funds as long as 

the school maintains records that demonstrate that the 

schoolwide program, considered as a whole, addresses the 

intent and purposes of each of the Federal programs that 

were consolidated to support the schoolwide program. 

(b) SCHOOLWIDE PROGRAM PLAN.—An eligible school operating 

a schoolwide program shall develop a comprehensive plan (or 

amend a plan for such a program that was in existence on the day 

before the date of the enactment of the Every Student Succeeds 

Act) that— 

(1) is developed during a 1-year period, unless— 

(A) the local educational agency determines, in consultation with the school, that less time is needed to develop and implement the schoolwide program; or 

(B) the school is operating a schoolwide program on 

the day before the date of the enactment of the Every Student Succeeds Act, in which case such school may continue 

to operate such program, but shall develop amendments to 

its existing plan during the first year of assistance after 

that date to reflect the provisions of this section; 

(2) is developed with the involvement of parents and other 

members of the community to be served and individuals who 

will carry out such plan, including teachers, principals, other 

school leaders, paraprofessionals present in the school, administrators (including administrators of programs described in 

other parts of this title), the local educational agency, to the 

extent feasible, tribes and tribal organizations present in the 

community, and, if appropriate, specialized instructional support personnel, technical assistance providers, school staff, if 

the plan relates to a secondary school, students, and other individuals determined by the school; 

(3) remains in effect for the duration of the school’s participation under this part, except that the plan and its implementation shall be regularly monitored and revised as necessary 

based on student needs to ensure that all students are provided opportunities to meet the challenging State academic 

standards; 

(4) is available to the local educational agency, parents, 

and the public, and the information contained in such plan 

shall be in an understandable and uniform format and, to the 

extent practicable, provided in a language that the parents can 

understand; and 

(5) if appropriate and applicable, is developed in coordination and integration with other Federal, State, and local services, resources, and programs, such as programs supported 

under this Act, violence prevention programs, nutrition programs, housing programs, Head Start programs, adult education programs, career and technical education programs, and 

schools implementing comprehensive support and improvement 

activities or targeted support and improvement activities under 

section 1111(d); 


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(6) is based on a comprehensive needs assessment of the 

entire school that takes into account information on the academic achievement of children in relation to the challenging 

State academic standards, particularly the needs of those children who are failing, or are at-risk of failing, to meet the challenging State academic standards and any other factors as determined by the local educational agency; and 

(7) includes a description of— 

(A) the strategies that the school will be implementing 

to address school needs, including a description of how 

such strategies will— 

(i) provide opportunities for all children, including 

each of the subgroups of students (as defined in section 1111(c)(2)) to meet the challenging State academic 

standards; 

(ii) use methods and instructional strategies that 

strengthen the academic program in the school, increase the amount and quality of learning time, and 

help provide an enriched and accelerated curriculum, 

which may include programs, activities, and courses 

necessary to provide a well-rounded education; and 

(iii) address the needs of all children in the school, 

but particularly the needs of those at risk of not meeting the challenging State academic standards, through 

activities which may include— 

(I) counseling, school-based mental health 

programs, specialized instructional support services, mentoring services, and other strategies to 

improve students’ skills outside the academic subject areas; 

(II) preparation for and awareness of opportunities for postsecondary education and the workforce, which may include career and technical education programs and broadening secondary school 

students’ access to coursework to earn postsecondary credit while still in high school (such as 

Advanced Placement, International Baccalaureate, 

dual or concurrent enrollment, or early college 

high schools); 

(III) implementation of a schoolwide tiered 

model to prevent and address problem behavior, 

and early intervening services, coordinated with 

similar activities and services carried out under 

the Individuals with Disabilities Education Act 

(20 U.S.C. 1400 et seq.); 

(IV) professional development and other activities for teachers, paraprofessionals, and other 

school personnel to improve instruction and use of 

data from academic assessments, and to recruit 

and retain effective teachers, particularly in highneed subjects; and 

(V) strategies for assisting preschool children 

in the transition from early childhood education 


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programs to local elementary school programs; 

and 

(B) if programs are consolidated, the specific State 

educational agency and local educational agency programs 

and other Federal programs that will be consolidated in 

the schoolwide program. 

(c) PRESCHOOL PROGRAMS.—A school that operates a 

schoolwide program under this section may use funds available 

under this part to establish or enhance preschool programs for children who are under 6 years of age. 

(d) DELIVERY OF SERVICES.—The services of a schoolwide program under this section may be delivered by nonprofit or for-profit 

external providers with expertise in using evidence-based or other 

effective strategies to improve student achievement. 

(e) USE OF FUNDS FOR DUAL OR CONCURRENT ENROLLMENT

PROGRAMS.— 

(1) IN GENERAL.—A secondary school operating a 

schoolwide program under this section may use funds received 

under this part to operate dual or concurrent enrollment programs that address the needs of low-achieving secondary 

school students and those at risk of not meeting the challenging State academic standards. 

(2) FLEXIBILITY OF FUNDS.—A secondary school using funds 

received under this part for a dual or concurrent enrollment 

program described in paragraph (1) may use such funds for 

any of the costs associated with such program, including the 

costs of— 

(A) training for teachers, and joint professional development for teachers in collaboration with career and technical educators and educators from institutions of higher 

education, where appropriate, for the purpose of integrating rigorous academics in such program; 

(B) tuition and fees, books, required instructional materials for such program, and innovative delivery methods; 

and 

(C) transportation to and from such program. 

(3) RULE OF CONSTRUCTION.—Nothing in this subsection 

shall be construed to impose on any State any requirement or 

rule regarding dual or concurrent enrollment programs that is 

inconsistent with State law. 

SEC. 1115. ø20 U.S.C. 6315¿ TARGETED ASSISTANCE SCHOOLS. 

(a) IN GENERAL.—In all schools selected to receive funds under 

section 1113(c) that are ineligible for a schoolwide program under 

section 1114, have not received a waiver under section 

1114(a)(1)(B) to operate such a schoolwide program, or choose not 

to operate such a schoolwide program, a local educational agency 

serving such school may use funds received under this part only for 

programs that provide services to eligible children under subsection 

(c) identified as having the greatest need for special assistance. 

(b) TARGETED ASSISTANCE SCHOOL PROGRAM.—To assist targeted assistance schools and local educational agencies to meet 

their responsibility to provide for all their students served under 

this part the opportunity to meet the challenging State academic 


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standards, each targeted assistance program under this section 

shall— 

(1) determine which students will be served; 

(2) serve participating students identified as eligible children under subsection (c), including by— 

(A) using resources under this part to help eligible 

children meet the challenging State academic standards, 

which may include programs, activities, and academic 

courses necessary to provide a well-rounded education; 

(B) using methods and instructional strategies to 

strengthen the academic program of the school through activities, which may include— 

(i) expanded learning time, before- and afterschool programs, and summer programs and opportunities; and 

(ii) a schoolwide tiered model to prevent and address behavior problems, and early intervening services, coordinated with similar activities and services 

carried out under the Individuals with Disabilities 

Education Act (20 U.S.C. 1400 et seq.); 

(C) coordinating with and supporting the regular education program, which may include services to assist preschool children in the transition from early childhood education programs such as Head Start, the literacy program 

under subpart 2 of part B of title II, or State-run preschool 

programs to elementary school programs; 

(D) providing professional development with resources 

provided under this part, and, to the extent practicable, 

from other sources, to teachers, principals, other school 

leaders, paraprofessionals, and, if appropriate, specialized 

instructional support personnel, and other school personnel who work with eligible children in programs under 

this section or in the regular education program; 

(E) implementing strategies to increase the involvement of parents of eligible children in accordance with section 1116; and 

(F) if appropriate and applicable, coordinating and integrating Federal, State, and local services and programs, 

such as programs supported under this Act, violence prevention programs, nutrition programs, housing programs, 

Head Start programs, adult education programs, career 

and technical education programs, and comprehensive support and improvement activities or targeted support and 

improvement activities under section 1111(d); and 

(G) provide to the local educational agency assurances 

that the school will— 

(i) help provide an accelerated, high-quality curriculum; 

(ii) minimize the removal of children from the regular classroom during regular school hours for instruction provided under this part; and 

(iii) on an ongoing basis, review the progress of eligible children and revise the targeted assistance program under this section, if necessary, to provide addiVerDate Nov 24 2008 11:50 Feb 05, 2016 Jkt 000000 PO 00000 Frm 00071 Fmt 9001 Sfmt 6601 F:\COMP\EDII\EASEAO1.BEL HOLCPC

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tional assistance to enable such children to meet the 

challenging State academic standards. 

(c) ELIGIBLE CHILDREN.— (1) ELIGIBLE POPULATION.— (A) IN GENERAL.—The eligible population for services 

under this section is— 

(i) children not older than age 21 who are entitled 

to a free public education through grade 12; and 

(ii) children who are not yet at a grade level at 

which the local educational agency provides a free 

public education. 

(B) ELIGIBLE CHILDREN FROM ELIGIBLE POPULATION.— From the population described in subparagraph (A), eligible children are children identified by the school as failing, 

or most at risk of failing, to meet the challenging State 

academic standards on the basis of multiple, educationally 

related, objective criteria established by the local educational agency and supplemented by the school, except 

that children from preschool through grade 2 shall be selected solely on the basis of criteria, including objective criteria, established by the local educational agency and supplemented by the school. 

(2) CHILDREN INCLUDED.— (A) IN GENERAL.—Children who are economically disadvantaged, children with disabilities, migrant children or 

English learners, are eligible for services under this part 

on the same basis as other children selected to receive 

services under this part. 

(B) HEAD START AND PRESCHOOL CHILDREN.—A child 

who, at any time in the 2 years preceding the year for 

which the determination is made, participated in a Head 

Start program, the literacy program under subpart 2 of 

part B of title II, or in preschool services under this title, 

is eligible for services under this part. 

(C) MIGRANT CHILDREN.—A child who, at any time in 

the 2 years preceding the year for which the determination 

is made, received services under part C is eligible for services under this part. 

(D) NEGLECTED OR DELINQUENT CHILDREN.—A child in 

a local institution for neglected or delinquent children and 

youth or attending a community day program for such 

children is eligible for services under this part. 

(E) HOMELESS CHILDREN.—A child who is homeless 

and attending any school served by the local educational 

agency is eligible for services under this part. 

(3) SPECIAL RULE.—Funds received under this part may 

not be used to provide services that are otherwise required by 

law to be made available to children described in paragraph (2) 

but may be used to coordinate or supplement such services. 

(d) INTEGRATION OF PROFESSIONAL DEVELOPMENT.—To promote 

the integration of staff supported with funds under this part into 

the regular school program and overall school planning and improvement efforts, public school personnel who are paid with funds 

received under this part may— 


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(1) participate in general professional development and 

school planning activities; and 

(2) assume limited duties that are assigned to similar personnel who are not so paid, including duties beyond classroom 

instruction or that do not benefit participating children, so long 

as the amount of time spent on such duties is the same proportion of total work time as prevails with respect to similar personnel at the same school. 

(e) SPECIAL RULES.— 

(1) SIMULTANEOUS SERVICE.—Nothing in this section shall 

be construed to prohibit a school from serving students under 

this section simultaneously with students with similar educational needs, in the same educational settings where appropriate. 

(2) COMPREHENSIVE SERVICES.—If— 

(A) health, nutrition, and other social services are not 

otherwise available to eligible children in a targeted assistance school and such school, if appropriate, has engaged in 

a comprehensive needs assessment and established a collaborative partnership with local service providers; and 

(B) funds are not reasonably available from other public or private sources to provide such services, then a portion of the funds provided under this part may be used as 

a last resort to provide such services, including— 

(i) the provision of basic medical equipment, such 

as eyeglasses and hearing aids; 

(ii) compensation of a coordinator; 

(iii) family support and engagement services; 

(iv) integrated student supports; and 

(v) professional development necessary to assist 

teachers, specialized instructional support personnel, 

other staff, and parents in identifying and meeting the 

comprehensive needs of eligible children. 

(f) USE OF FUNDS FOR DUAL OR CONCURRENT ENROLLMENT

PROGRAMS.—A secondary school operating a targeted assistance 

program under this section may use funds received under this part 

to provide dual or concurrent enrollment program services described under section 1114(e) to eligible children under subsection 

(c)(1)(B) who are identified as having the greatest need for special 

assistance. 

(g) PROHIBITION.—Nothing in this section shall be construed to 

authorize the Secretary or any other officer or employee of the Federal Government to require a local educational agency or school to 

submit the results of a comprehensive needs assessment or plan 

under section 1114(b), or a program described in subsection (b), for 

review or approval by the Secretary. 

(h) DELIVERY OF SERVICES.—The services of a targeted assistance program under this section may be delivered by nonprofit or 

for-profit external providers with expertise in using evidence-based 

or other effective strategies to improve student achievement. 

SEC. 1116. ø20 U.S.C. 6318¿ PARENT AND FAMILY ENGAGEMENT. 

(a) LOCAL EDUCATIONAL AGENCY POLICY.— 


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(1) IN GENERAL.—A local educational agency may receive 

funds under this part only if such agency conducts outreach to 

all parents and family members and implements programs, activities, and procedures for the involvement of parents and 

family members in programs assisted under this part consistent with this section. Such programs, activities, and procedures shall be planned and implemented with meaningful consultation with parents of participating children. 

(2) WRITTEN POLICY.—Each local educational agency that 

receives funds under this part shall develop jointly with, agree 

on with, and distribute to, parents and family members of participating children a written parent and family engagement 

policy. The policy shall be incorporated into the local educational agency’s plan developed under section 1112, establish 

the agency’s expectations and objectives for meaningful parent 

and family involvement, and describe how the agency will— 

(A) involve parents and family members in jointly developing the local educational agency plan under section 

1112, and the development of support and improvement 

plans under paragraphs (1) and (2) of section 1111(d). 

(B) provide the coordination, technical assistance, and 

other support necessary to assist and build the capacity of 

all participating schools within the local educational agency in planning and implementing effective parent and family involvement activities to improve student academic 

achievement and school performance, which may include 

meaningful consultation with employers, business leaders, 

and philanthropic organizations, or individuals with expertise in effectively engaging parents and family members in 

education; 

(C) coordinate and integrate parent and family engagement strategies under this part with parent and family engagement strategies, to the extent feasible and appropriate, with other relevant Federal, State, and local 

laws and programs; 

(D) conduct, with the meaningful involvement of parents and family members, an annual evaluation of the content and effectiveness of the parent and family engagement policy in improving the academic quality of all 

schools served under this part, including identifying— 

(i) barriers to greater participation by parents in 

activities authorized by this section (with particular 

attention to parents who are economically disadvantaged, are disabled, have limited English proficiency, 

have limited literacy, or are of any racial or ethnic minority background); 

(ii) the needs of parents and family members to 

assist with the learning of their children, including engaging with school personnel and teachers; and 

(iii) strategies to support successful school and 

family interactions; 

(E) use the findings of such evaluation in subparagraph (D) to design evidence-based strategies for more effective parental involvement, and to revise, if necessary, 


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the parent and family engagement policies described in 

this section; and 

(F) involve parents in the activities of the schools 

served under this part, which may include establishing a 

parent advisory board comprised of a sufficient number 

and representative group of parents or family members 

served by the local educational agency to adequately represent the needs of the population served by such agency 

for the purposes of developing, revising, and reviewing the 

parent and family engagement policy. 

(3) RESERVATION.— 

(A) IN GENERAL.—Each local educational agency shall 

reserve at least 1 percent of its allocation under subpart 

2 to assist schools to carry out the activities described in 

this section, except that this subparagraph shall not apply 

if 1 percent of such agency’s allocation under subpart 2 for 

the fiscal year for which the determination is made is 

$5,000 or less. Nothing in this subparagraph shall be construed to limit local educational agencies from reserving 

more than 1 percent of its allocation under subpart 2 to assist schools to carry out activities described in this section. 

(B) PARENT AND FAMILY MEMBER INPUT.—Parents and 

family members of children receiving services under this 

part shall be involved in the decisions regarding how funds 

reserved under subparagraph (A) are allotted for parental 

involvement activities. 

(C) DISTRIBUTION OF FUNDS.—Not less than 90 percent 

of the funds reserved under subparagraph (A) shall be distributed to schools served under this part, with priority 

given to high-need schools. 

(D) USE OF FUNDS.—Funds reserved under subparagraph (A) by a local educational agency shall be used to 

carry out activities and strategies consistent with the local 

educational agency’s parent and family engagement policy, 

including not less than 1 of the following: 

(i) Supporting schools and nonprofit organizations 

in providing professional development for local educational agency and school personnel regarding parent 

and family engagement strategies, which may be provided jointly to teachers, principals, other school leaders, specialized instructional support personnel, paraprofessionals, early childhood educators, and parents 

and family members. 

(ii) Supporting programs that reach parents and 

family members at home, in the community, and at 

school. 

(iii) Disseminating information on best practices 

focused on parent and family engagement, especially 

best practices for increasing the engagement of economically disadvantaged parents and family members. 

(iv) Collaborating, or providing subgrants to 

schools to enable such schools to collaborate, with community-based or other organizations or employers with 


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a record of success in improving and increasing parent 

and family engagement. 

(v) Engaging in any other activities and strategies 

that the local educational agency determines are appropriate and consistent with such agency’s parent 

and family engagement policy. 

(b) SCHOOL PARENT AND FAMILY ENGAGEMENT POLICY.— (1) IN GENERAL.—Each school served under this part shall 

jointly develop with, and distribute to, parents and family 

members of participating children a written parent and family 

engagement policy, agreed on by such parents, that shall describe the means for carrying out the requirements of subsections (c) through (f). Parents shall be notified of the policy 

in an understandable and uniform format and, to the extent 

practicable, provided in a language the parents can understand. Such policy shall be made available to the local community and updated periodically to meet the changing needs of 

parents and the school. 

(2) SPECIAL RULE.—If the school has a parent and family 

engagement policy that applies to all parents and family members, such school may amend that policy, if necessary, to meet 

the requirements of this subsection. 

(3) AMENDMENT.—If the local educational agency involved 

has a school district-level parent and family engagement policy 

that applies to all parents and family members in all schools 

served by the local educational agency, such agency may 

amend that policy, if necessary, to meet the requirements of 

this subsection. 

(4) PARENTAL COMMENTS.—If the plan under section 1112 

is not satisfactory to the parents of participating children, the 

local educational agency shall submit any parent comments 

with such plan when such local educational agency submits the 

plan to the State. 

(c) POLICY INVOLVEMENT.—Each school served under this part 

shall— 

(1) convene an annual meeting, at a convenient time, to 

which all parents of participating children shall be invited and 

encouraged to attend, to inform parents of their school’s participation under this part and to explain the requirements of 

this part, and the right of the parents to be involved; 

(2) offer a flexible number of meetings, such as meetings 

in the morning or evening, and may provide, with funds provided under this part, transportation, child care, or home visits, as such services relate to parental involvement; 

(3) involve parents, in an organized, ongoing, and timely 

way, in the planning, review, and improvement of programs 

under this part, including the planning, review, and improvement of the school parent and family engagement policy and 

the joint development of the schoolwide program plan under 

section 1114(b), except that if a school has in place a process 

for involving parents in the joint planning and design of the 

school’s programs, the school may use that process, if such 

process includes an adequate representation of parents of participating children; 


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(4) provide parents of participating children— 

(A) timely information about programs under this 

part; 

(B) a description and explanation of the curriculum in 

use at the school, the forms of academic assessment used 

to measure student progress, and the achievement levels of 

the challenging State academic standards; and 

(C) if requested by parents, opportunities for regular 

meetings to formulate suggestions and to participate, as 

appropriate, in decisions relating to the education of their 

children, and respond to any such suggestions as soon as 

practicably possible; and 

(5) if the schoolwide program plan under section 1114(b) is 

not satisfactory to the parents of participating children, submit 

any parent comments on the plan when the school makes the 

plan available to the local educational agency. 

(d) SHARED RESPONSIBILITIES FOR HIGH STUDENT ACADEMIC

ACHIEVEMENT.—As a component of the school-level parent and 

family engagement policy developed under subsection (b), each 

school served under this part shall jointly develop with parents for 

all children served under this part a school-parent compact that 

outlines how parents, the entire school staff, and students will 

share the responsibility for improved student academic achievement and the means by which the school and parents will build 

and develop a partnership to help children achieve the State’s high 

standards. Such compact shall— 

(1) describe the school’s responsibility to provide high-quality curriculum and instruction in a supportive and effective 

learning environment that enables the children served under 

this part to meet the challenging State academic standards, 

and the ways in which each parent will be responsible for supporting their children’s learning; volunteering in their child’s 

classroom; and participating, as appropriate, in decisions relating to the education of their children and positive use of extracurricular time; and 

(2) address the importance of communication between 

teachers and parents on an ongoing basis through, at a minimum— 

(A) parent-teacher conferences in elementary schools, 

at least annually, during which the compact shall be discussed as the compact relates to the individual child’s 

achievement; 

(B) frequent reports to parents on their children’s 

progress; 

(C) reasonable access to staff, opportunities to volunteer and participate in their child’s class, and observation 

of classroom activities; and 

(D) ensuring regular two-way, meaningful communication between family members and school staff, and, to the 

extent practicable, in a language that family members can 

understand. 

(e) BUILDING CAPACITY FOR INVOLVEMENT.—To ensure effective 

involvement of parents and to support a partnership among the 

school involved, parents, and the community to improve student 


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academic achievement, each school and local educational agency assisted under this part— 

(1) shall provide assistance to parents of children served 

by the school or local educational agency, as appropriate, in 

understanding such topics as the challenging State academic 

standards, State and local academic assessments, the requirements of this part, and how to monitor a child’s progress and 

work with educators to improve the achievement of their children; 

(2) shall provide materials and training to help parents to 

work with their children to improve their children’s achievement, such as literacy training and using technology (including 

education about the harms of copyright piracy), as appropriate, 

to foster parental involvement; 

(3) shall educate teachers, specialized instructional support 

personnel, principals, and other school leaders, and other staff, 

with the assistance of parents, in the value and utility of contributions of parents, and in how to reach out to, communicate 

with, and work with parents as equal partners, implement and 

coordinate parent programs, and build ties between parents 

and the school; 

(4) shall, to the extent feasible and appropriate, coordinate 

and integrate parent involvement programs and activities with 

other Federal, State, and local programs, including public preschool programs, and conduct other activities, such as parent 

resource centers, that encourage and support parents in more 

fully participating in the education of their children; 

(5) shall ensure that information related to school and parent programs, meetings, and other activities is sent to the parents of participating children in a format and, to the extent 

practicable, in a language the parents can understand; 

(6) may involve parents in the development of training for 

teachers, principals, and other educators to improve the effectiveness of such training; 

(7) may provide necessary literacy training from funds received under this part if the local educational agency has exhausted all other reasonably available sources of funding for 

such training; 

(8) may pay reasonable and necessary expenses associated 

with local parental involvement activities, including transportation and child care costs, to enable parents to participate in 

school-related meetings and training sessions; 

(9) may train parents to enhance the involvement of other 

parents; 

(10) may arrange school meetings at a variety of times, or 

conduct in-home conferences between teachers or other educators, who work directly with participating children, with parents who are unable to attend such conferences at school, in 

order to maximize parental involvement and participation; 

(11) may adopt and implement model approaches to improving parental involvement; 

(12) may establish a districtwide parent advisory council to 

provide advice on all matters related to parental involvement 

in programs supported under this section; 


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(13) may develop appropriate roles for community-based 

organizations and businesses in parent involvement activities; 

and 

(14) shall provide such other reasonable support for parental involvement activities under this section as parents may request. 

(f) ACCESSIBILITY.—In carrying out the parent and family engagement requirements of this part, local educational agencies and 

schools, to the extent practicable, shall provide opportunities for 

the informed participation of parents and family members (including parents and family members who have limited English proficiency, parents and family members with disabilities, and parents 

and family members of migratory children), including providing information and school reports required under section 1111 in a format and, to the extent practicable, in a language such parents understand. 

(g) FAMILY ENGAGEMENT IN EDUCATION PROGRAMS.—In a State 

operating a program under part E of title IV, each local educational 

agency or school that receives assistance under this part shall inform parents and organizations of the existence of the program. 

(h) REVIEW.—The State educational agency shall review the 

local educational agency’s parent and family engagement policies 

and practices to determine if the policies and practices meet the requirements of this section. 

SEC. 1117. ø20 U.S.C. 6320¿ PARTICIPATION OF CHILDREN ENROLLED 

IN PRIVATE SCHOOLS. 

(a) GENERAL REQUIREMENT.— (1) IN GENERAL.—To the extent consistent with the number 

of eligible children identified under section 1115(c) in the 

school district served by a local educational agency who are enrolled in private elementary schools and secondary schools, a 

local educational agency shall— 

(A) after timely and meaningful consultation with appropriate private school officials, provide such children, on 

an equitable basis and individually or in combination, as 

requested by the officials to best meet the needs of such 

children, special educational services, instructional services (including evaluations to determine the progress being 

made in meeting such students’ academic needs), counseling, mentoring, one-on-one tutoring, or other benefits 

under this part (such as dual or concurrent enrollment, 

educational radio and television, computer equipment and 

materials, other technology, and mobile educational services and equipment) that address their needs; and 

(B) ensure that teachers and families of the children 

participate, on an equitable basis, in services and activities 

developed pursuant to section 1116. 

(2) SECULAR, NEUTRAL, NONIDEOLOGICAL.—Such educational services or other benefits, including materials and 

equipment, shall be secular, neutral, and nonideological. 

(3) EQUITY.— 

(A) IN GENERAL.—Educational services and other benefits for such private school children shall be equitable in 

comparison to services and other benefits for public school 


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children participating under this part, and shall be provided in a timely manner. 

(B) OMBUDSMAN.—To help ensure such equity for such 

private school children, teachers, and other educational 

personnel, the State educational agency involved shall designate an ombudsman to monitor and enforce the requirements of this part. 

(4) EXPENDITURES.— 

(A) DETERMINATION.— 

(i) IN GENERAL.—Expenditures for educational 

services and other benefits to eligible private school 

children shall be equal to the proportion of funds allocated to participating school attendance areas based 

on the number of children from low-income families 

who attend private schools. 

(ii) PROPORTIONAL SHARE.—The proportional share 

of funds shall be determined based on the total 

amount of funds received by the local educational 

agency under this part prior to any allowable expenditures or transfers by the local educational agency. 

(B) OBLIGATION OF FUNDS.—Funds allocated to a local 

educational agency for educational services and other benefits to eligible private school children shall be obligated in 

the fiscal year for which the funds are received by the 

agency. 

(C) NOTICE OF ALLOCATION.—Each State educational 

agency shall provide notice in a timely manner to the appropriate private school officials in the State of the allocation of funds for educational services and other benefits 

under this part that the local educational agencies have 

determined are available for eligible private school children. 

(D) TERM OF DETERMINATION.—The local educational 

agency may determine the equitable share under subparagraph (A) each year or every 2 years. 

(5) PROVISION OF SERVICES.—The local educational agency, 

or, in a case described in subsection (b)(6)(C), the State educational agency involved, may provide services under this section directly or through contracts with public and private agencies, organizations, and institutions. 

(b) CONSULTATION.— 

(1) IN GENERAL.—To ensure timely and meaningful consultation, a local educational agency shall consult with appropriate private school officials during the design and development of such agency’s programs under this part. Such agency 

and private school officials shall both have the goal of reaching 

agreement on how to provide equitable and effective programs 

for eligible private school children, the results of which agreement shall be transmitted to the ombudsman designated under 

subsection (a)(3)(B). Such process shall include consultation on 

issues such as— 

(A) how the children’s needs will be identified; 

(B) what services will be offered; 


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(C) how, where, and by whom the services will be provided; 

(D) how the services will be academically assessed and 

how the results of that assessment will be used to improve 

those services; 

(E) the size and scope of the equitable services to be 

provided to the eligible private school children, the proportion of funds that is allocated under subsection (a)(4)(A) for 

such services, and how that proportion of funds is determined; 

(F) the method or sources of data that are used under 

subsection (c) and section 1113(c)(1) to determine the number of children from low-income families in participating 

school attendance areas who attend private schools; 

(G) how and when the agency will make decisions 

about the delivery of services to such children, including a 

thorough consideration and analysis of the views of the 

private school officials on the provision of services through 

a contract with potential third-party providers; 

(H) how, if the agency disagrees with the views of the 

private school officials on the provision of services through 

a contract, the local educational agency will provide in 

writing to such private school officials an analysis of the 

reasons why the local educational agency has chosen not 

to use a contractor; 

(I) whether the agency shall provide services directly 

or through a separate government agency, consortium, entity, or third-party contractor; 

(J) whether to provide equitable services to eligible 

private school children— 

(i) by creating a pool or pools of funds with all of 

the funds allocated under subsection (a)(4)(A) based on 

all the children from low-income families in a participating school attendance area who attend private 

schools; or 

(ii) in the agency’s participating school attendance 

area who attend private schools with the proportion of 

funds allocated under subsection (a)(4)(A) based on the 

number of children from low-income families who attend private schools; 

(K) when, including the approximate time of day, services will be provided; and 

(L) whether to consolidate and use funds provided 

under subsection (a)(4) in coordination with eligible funds 

available for services to private school children under applicable programs, as defined in section 8501(b)(1)to provide services to eligible private school children participating in programs. 

(2) DISAGREEMENT.—If a local educational agency disagrees with the views of private school officials with respect to 

an issue described in paragraph (1), the local educational agency shall provide in writing to such private school officials the 

reasons why the local educational agency disagrees. 


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(3) TIMING.—Such consultation shall include meetings of 

agency and private school officials and shall occur before the 

local educational agency makes any decision that affects the 

opportunities of eligible private school children to participate 

in programs under this part. Such meetings shall continue 

throughout implementation and assessment of services provided under this section. 

(4) DISCUSSION.—Such consultation shall include a discussion of service delivery mechanisms a local educational agency 

can use to provide equitable services to eligible private school 

children. 

(5) DOCUMENTATION.—Each local educational agency shall 

maintain in the agency’s records and provide to the State educational agency involved a written affirmation signed by officials of each participating private school that the meaningful 

consultation required by this section has occurred. The written 

affirmation shall provide the option for private school officials 

to indicate such officials’ belief that timely and meaningful consultation has not occurred or that the program design is not 

equitable with respect to eligible private school children. If 

such officials do not provide such affirmation within a reasonable period of time, the local educational agency shall forward 

the documentation that such consultation has, or attempts at 

such consultation have, taken place to the State educational 

agency. 

(6) COMPLIANCE.— 

(A) IN GENERAL.—A private school official shall have 

the right to file a complaint with to the State educational 

agency asserting that the local educational agency did not 

engage in consultation that was meaningful and timely, 

did not give due consideration to the views of the private 

school official, or did not make a decision that treats the 

private school students equitably as required by this section. 

(B) PROCEDURE.—If the private school official wishes 

to file a complaint, the official shall provide the basis of 

the noncompliance with this section by the local educational agency to the State educational agency, and the 

local educational agency shall forward the appropriate documentation to the State educational agency. 

(C) STATE EDUCATIONAL AGENCIES.—A State educational agency shall provide services under this section 

directly or through contracts with public or private agencies, organizations, or institutions, if the appropriate private school officials have— 

(i) requested that the State educational agency 

provide such services directly; and 

(ii) demonstrated that the local educational agency 

involved has not met the requirements of this section 

in accordance with the procedures for making such a 

request, as prescribed by the State educational agency. 

(c) ALLOCATION FOR EQUITABLE SERVICE TO PRIVATE SCHOOL

STUDENTS.— 


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(1) CALCULATION.—A local educational agency shall have 

the final authority, consistent with this section, to calculate 

the number of children, ages 5 through 17, who are from lowincome families and attend private schools by— 

(A) using the same measure of low income used to 

count public school children; 

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

possible, protects the identity of families of private school 

students, and allowing such survey results to be extrapolated if complete actual data are unavailable; 

(C) applying the low-income percentage of each participating public school attendance area, determined pursuant 

to this section, to the number of private school children 

who reside in that school attendance area; or 

(D) using an equated measure of low income correlated 

with the measure of low income used to count public school 

children. 

(2) COMPLAINT PROCESS.—Any dispute regarding low-income data for private school students shall be subject to the 

complaint process authorized in section 8503. 

(d) PUBLIC CONTROL OF FUNDS.— (1) IN GENERAL.—The control of funds provided under this 

part, and title to materials, equipment, and property purchased with such funds, shall be in a public agency, and a public agency shall administer such funds, materials, equipment, 

and property. 

(2) PROVISION OF SERVICES.— 

(A) PROVIDER.—The provision of services under this 

section shall be provided— 

(i) by employees of a public agency; or 

(ii) through contract by such public agency with 

an individual, association, agency, or organization. 

(B) REQUIREMENT.—In the provision of such services, 

such employee, individual, association, agency, or organization shall be independent of such private school and of 

any religious organization, and such employment or contract shall be under the control and supervision of such 

public agency. 

(e) STANDARDS FOR A BYPASS.—If a local educational agency is 

prohibited by law from providing for the participation in programs 

on an equitable basis of eligible children enrolled in private elementary schools and secondary schools, or if the Secretary determines that a local educational agency has substantially failed or is 

unwilling, to provide for such participation, as required by this section, the Secretary shall— 

(1) waive the requirements of this section for such local 

educational agency; 

(2) arrange for the provision of services to such children 

through arrangements that shall be subject to the requirements of this section and sections 8503 and 8504; and 

(3) in making the determination under this subsection, 

consider one or more factors, including the quality, size, scope, 

and location of the program and the opportunity of eligible 

children to participate. 


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SEC. 1118. ø20 U.S.C. 6321¿ FISCAL REQUIREMENTS. 

(a) MAINTENANCE OF EFFORT.—A local educational agency may 

receive funds under this part for any fiscal year only if the State 

educational agency involved finds that the local educational agency 

has maintained the agency’s fiscal effort in accordance with section 

8521. 

(b) FEDERAL FUNDS TO SUPPLEMENT, NOT SUPPLANT, NON- FEDERAL FUNDS.— (1) IN GENERAL.—A State educational agency or local educational agency shall use Federal funds received under this 

part only to supplement the funds that would, in the absence 

of such Federal funds, be made available from State and local 

sources for the education of students participating in programs 

assisted under this part, and not to supplant such funds. 

(2) COMPLIANCE.—To demonstrate compliance with paragraph (1), a local educational agency shall demonstrate that 

the methodology used to allocate State and local funds to each 

school receiving assistance under this part ensures that such 

school receives all of the State and local funds it would otherwise receive if it were not receiving assistance under this part. 

(3) SPECIAL RULE.—No local educational agency shall be 

required to— 

(A) identify that an individual cost or service supported under this part is supplemental; or 

(B) provide services under this part through a particular instructional method or in a particular instructional setting in order to demonstrate such agency’s compliance with paragraph (1). 

(4) PROHIBITION.—Nothing in this section shall be construed to authorize or permit the Secretary to prescribe the 

specific methodology a local educational agency uses to allocate 

State and local funds to each school receiving assistance under 

this part. 

(5) TIMELINE.—A local educational agency— 

(A) shall meet the compliance requirement under 

paragraph (2) not later than 2 years after the date of enactment of the Every Student Succeeds Act; and 

(B) may demonstrate compliance with the requirement 

under paragraph (1) before the end of such 2-year period 

using the method such local educational agency used on 

the day before the date of enactment of the Every Student 

Succeeds Act. 

(c) COMPARABILITY OF SERVICES.— 

(1) IN GENERAL.— 

(A) COMPARABLE SERVICES.—Except as provided in 

paragraphs (4) and (5), a local educational agency may receive funds under this part only if State and local funds 

will be used in schools served under this part to provide 

services that, taken as a whole, are at least comparable to 

services in schools that are not receiving funds under this 

part. 

(B) SUBSTANTIALLY COMPARABLE SERVICES.—If the 

local educational agency is serving all of such agency’s 

schools under this part, such agency may receive funds 


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85 Sec. 1118 ESEA OF 1965 

under this part only if such agency will use State and local 

funds to provide services that, taken as a whole, are substantially comparable in each school. 

(C) BASIS.—A local educational agency may meet the 

requirements of subparagraphs (A) and (B) on a gradespan by grade-span basis or a school-by-school basis. 

(2) WRITTEN ASSURANCE.— 

(A) EQUIVALENCE.—A local educational agency shall be 

considered to have met the requirements of paragraph (1) 

if such agency has filed with the State educational agency 

a written assurance that such agency has established and 

implemented— 

(i) a local educational agency-wide salary schedule; 

(ii) a policy to ensure equivalence among schools 

in teachers, administrators, and other staff; and 

(iii) a policy to ensure equivalence among schools 

in the provision of curriculum materials and instructional supplies. 

(B) DETERMINATIONS.—For the purpose of this subsection, in the determination of expenditures per pupil 

from State and local funds, or instructional salaries per 

pupil from State and local funds, staff salary differentials 

for years of employment shall not be included in such determinations. 

(C) EXCLUSIONS.—A local educational agency need not 

include unpredictable changes in student enrollment or 

personnel assignments that occur after the beginning of a 

school year in determining comparability of services under 

this subsection. 

(3) PROCEDURES AND RECORDS.—Each local educational 

agency assisted under this part shall— 

(A) develop procedures for compliance with this subsection; and 

(B) maintain records that are updated biennially documenting such agency’s compliance with this subsection. 

(4) INAPPLICABILITY.—This subsection shall not apply to a 

local educational agency that does not have more than one 

building for each grade span. 

(5) COMPLIANCE.—For the purpose of determining compliance with paragraph (1), a local educational agency may exclude State and local funds expended for— 

(A) language instruction educational programs; and 

(B) the excess costs of providing services to children 

with disabilities as determined by the local educational 

agency. 

(d) EXCLUSION OF FUNDS.—For the purpose of complying with 

subsections (b) and (c), a State educational agency or local educational agency may exclude supplemental State or local funds expended in any school attendance area or school for programs that 

meet the intent and purposes of this part. 


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Sec. 1119 ESEA OF 1965 86 

SEC. 1119. ø20 U.S.C. 6322¿ COORDINATION REQUIREMENTS. 

(a) IN GENERAL.—Each local educational agency receiving assistance under this part shall carry out the activities described in 

subsection (b) with Head Start agencies and, if feasible, other entities carrying out early childhood development programs. Each local 

educational agency shall develop agreements with such Head Start 

agencies and other entities to carry out such activities. 

(b) ACTIVITIES.—The activities referred to in subsection (a) are 

activities that increase coordination between the local educational 

agency and a Head Start agency and, if feasible, other entities carrying out early childhood education programs serving children who 

will attend the schools of the local educational agency, including— 

(1) developing and implementing a systematic procedure 

for receiving records regarding such children, transferred with 

parental consent from a Head Start program or, where applicable, another early childhood education program; 

(2) establishing channels of communication between school 

staff and their counterparts (including teachers, social workers, 

and health staff) in such Head Start agencies or other entities 

carrying out early childhood education programs, as appropriate, to facilitate coordination of programs; 

(3) conducting meetings involving parents, kindergarten or 

elementary school teachers, and Head Start teachers or, if appropriate, teachers from other early childhood education programs, to discuss the developmental and other needs of individual children; 

(4) organizing and participating in joint transition-related 

training of school staff, Head Start program staff, and, where 

appropriate, other early childhood education program staff; and 

(5) linking the educational services provided by such local 

educational agency with the services provided by local Head 

Start agencies. 

(c) COORDINATION OF REGULATIONS.—The Secretary shall work 

with the Secretary of Health and Human Services to coordinate 

regulations promulgated under this part with regulations promulgated under the Head Start Act. 

Subpart 2—Allocations 

SEC. 1121. ø20 U.S.C. 6331¿ GRANTS FOR THE OUTLYING AREAS AND 

THE SECRETARY OF THE INTERIOR. 

(a) RESERVATION OF FUNDS.—Subject to subsection (e), from 

the amount appropriated for payments to States for any fiscal year 

under section 1002(a), the Secretary shall— 

(1) reserve 0.4 percent to provide assistance to the outlying 

areas in accordance with subsection (b); and 

(2) reserve 0.7 percent to provide assistance to the Secretary of the Interior in accordance with subsection (d). 

(b) ASSISTANCE TO OUTLYING AREAS.— 

(1) FUNDS RESERVED.—From the amount made available 

for any fiscal year under subsection (a)(1), the Secretary 

shall— 

(A) first reserve $1,000,000 for the Republic of Palau, 

until Palau enters into an agreement for extension of 


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United States educational assistance under the Compact of 

Free Association, and subject to such terms and conditions 

as the Secretary may establish, except that Public Law 

95–134, permitting the consolidation of grants, shall not 

apply; and 

(B) use the remaining funds to award grants to the 

outlying areas in accordance with paragraphs (2) through 

(5). 

(2) AMOUNT OF GRANTS.—The Secretary shall allocate the 

amount available under paragraph (1)(B) to the outlying areas 

in proportion to their relative numbers of children, aged 5 to 

17, inclusive, from families below the poverty level, on the 

basis of the most recent satisfactory data available from the 

Department of Commerce. 

(3) HOLD-HARMLESS AMOUNTS.—For each fiscal year, the 

amount made available to each outlying area under this subsection shall be— 

(A) not less than 95 percent of the amount made available for the preceding fiscal year if the number of children 

counted under paragraph (2) is not less than 30 percent of 

the total number of children aged 5 to 17 years, inclusive, 

in the outlying area; 

(B) not less than 90 percent of the amount made available for the preceding fiscal year if the percentage described in subparagraph (A) is between 15 percent and 30 

percent; and 

(C) not less than 85 percent of the amount made available for the preceding fiscal year if the percentage described in subparagraph (A) is below 15 percent. 

(4) RATABLE REDUCTIONS.—If the amount made available 

under paragraph (1)(B) for any fiscal year is insufficient to pay 

the full amounts that the outlying areas are eligible to receive 

under paragraphs (2) and (3) for that fiscal year, the Secretary 

shall ratably reduce those amounts. 

(5) USES.—Grant funds awarded under paragraph (1)(A) 

may be used only— 

(A) for programs described in this Act, including teacher training, curriculum development, instructional materials, or general school improvement and reform; and 

(B) to provide direct educational services that assist 

all students with meeting the challenging State academic 

standards. 

(c) DEFINITIONS.—For the purpose of this section, the term 

‘‘outlying area’’ means the United States Virgin Islands, Guam, 

American Samoa, and the Commonwealth of the Northern Mariana 

Islands. 

(d) ALLOTMENT TO THE SECRETARY OF THE INTERIOR.— 

(1) IN GENERAL.—The amount allotted for payments to the 

Secretary of the Interior under subsection (a)(2) for any fiscal 

year shall be used, in accordance with such criteria as the Secretary may establish, to meet the unique educational needs 

of— 


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(A) Indian children on reservations served by elementary schools and secondary schools for Indian children operated or supported by the Department of the Interior; and 

(B) out-of-State Indian children in elementary schools 

and secondary schools in local educational agencies under 

special contracts with the Department of the Interior. 

(2) PAYMENTS.—From the amount allotted for payments to 

the Secretary of the Interior under subsection (a)(2), the Secretary of the Interior shall make payments to local educational 

agencies, on such terms as the Secretary determines will best 

carry out the purposes of this part, with respect to out-of-State 

Indian children described in paragraph (1). The amount of such 

payment may not exceed, for each such child, the greater of— 

(A) 40 percent of the average per-pupil expenditure in 

the State in which the agency is located; or 

(B) 48 percent of such expenditure in the United 

States. 

(e) LIMITATION ON APPLICABILITY.—If, by reason of the application of subsection (a) for any fiscal year, the total amount available 

for allocation to all States under this part would be less than the 

amount allocated to all States for fiscal year 2016 under this part, 

the Secretary shall provide assistance to the outlying areas and the 

Secretary of the Interior in accordance with this section, as in effect on the day before the date of enactment of the Every Student 

Succeeds Act. 

SEC. 1122. ø20 U.S.C. 6332¿ ALLOCATIONS TO STATES. 

(a) ALLOCATION FORMULA.—Of the amount appropriated under 

section 1002(a) to carry out this part for each of fiscal years 2017– 

2020 (referred to in this subsection as the current fiscal year)— 

(1) an amount equal to the amount made available to carry 

out section 1124 for fiscal year 2001 shall be allocated in accordance with section 1124; 

(2) an amount equal to the amount made available to carry 

out section 1124A for fiscal year 2001 shall be allocated in accordance with section 1124A; and 

(3) an amount equal to 100 percent of the amount, if any, 

by which the total amount made available under this subsection for the current fiscal year for which the determination 

is made exceeds the total amount available to carry out sections 1124 and 1124A for fiscal year 2001 shall be used to 

carry out sections 1125 and 1125A and such amount shall be 

divided equally between sections 1125 and 1125A. 

(b) ADJUSTMENTS WHERE NECESSITATED BY APPROPRIATIONS.— (1) IN GENERAL.—If the sums available under this subpart 

for any fiscal year are insufficient to pay the full amounts that 

all local educational agencies in States are eligible to receive 

under sections 1124, 1124A, and 1125 for such year, the Secretary shall ratably reduce the allocations to such local educational agencies, subject to subsections (c) and (d) of this section. 

(2) ADDITIONAL FUNDS.—If additional funds become available for making payments under sections 1124, 1124A, and 

1125 for such fiscal year, allocations that were reduced under 


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paragraph (1) shall be increased on the same basis as they 

were reduced. 

(c) HOLD-HARMLESS AMOUNTS.— (1) AMOUNTS FOR SECTIONS 1124, 1124A, AND 1125.—For each 

fiscal year, the amount made available to each local educational agency under each of sections 1124, 1124A, and 1125 

shall be— 

(A) not less than 95 percent of the amount made available for the preceding fiscal year if the number of children 

counted for grants under section 1124 is not less than 30 

percent of the total number of children aged 5 to 17 years, 

inclusive, in the local educational agency; 

(B) not less than 90 percent of the amount made available for the preceding fiscal year if the percentage described in subparagraph (A) is between 15 percent and 30 

percent; and 

(C) not less than 85 percent of the amount made available for the preceding fiscal year if the percentage described in subparagraph (A) is below 15 percent. 

(2) PAYMENTS.—If sufficient funds are appropriated, the 

amounts described in paragraph (1) shall be paid to all local 

educational agencies that received grants under section 1124A 

for the preceding fiscal year, regardless of whether the local 

educational agency meets the minimum eligibility criteria for 

that fiscal year described in section 1124A(a)(1)(A) except that 

a local educational agency that does not meet such minimum 

eligibility criteria for 4 consecutive years shall no longer be eligible to receive a hold harmless amount referred to in paragraph (1). 

(3) APPLICABILITY.—Notwithstanding any other provision 

of law, the Secretary shall not take into consideration the holdharmless provisions of this subsection for any fiscal year for 

purposes of calculating State or local allocations for the fiscal 

year under any program administered by the Secretary other 

than a program authorized under this part. 

(4) POPULATION DATA.—For any fiscal year for which the 

Secretary calculates grants on the basis of population data for 

counties, the Secretary shall apply the hold-harmless percentages in paragraphs (1) and (2) to counties and, if the Secretary’s allocation for a county is not sufficient to meet the 

hold-harmless requirements of this subsection for every local 

educational agency within that county, the State educational 

agency shall reallocate funds proportionately from all other 

local educational agencies in the State that are receiving funds 

in excess of the hold-harmless amounts specified in this subsection. 

(d) RATABLE REDUCTIONS.— 

(1) IN GENERAL.—If the sums made available under this 

subpart for any fiscal year are insufficient to pay the full 

amounts that local educational agencies in all States are eligible to receive under subsection (c) for such year, the Secretary 

shall ratably reduce such amounts for such year. 

(2) ADDITIONAL FUNDS.—If additional funds become available for making payments under subsection (c) for such fiscal 


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As Amended Through P.L. 114-95, Enacted December 10, 2015
Sec. 1124 ESEA OF 1965 90 

year, amounts that were reduced under paragraph (1) shall be 

increased on the same basis as such amounts were reduced. 

(e) DEFINITION.—For the purpose of this section and sections 

1124, 1124A, 1125, and 1125A, the term ‘‘State’’ means each of the 

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

Puerto Rico. 

SEC. 1124. ø20 U.S.C. 6333¿ BASIC GRANTS TO LOCAL EDUCATIONAL 

AGENCIES. 

(a) AMOUNT OF GRANTS.— 

(1) GRANTS FOR LOCAL EDUCATIONAL AGENCIES AND PUERTO

RICO.—Except as provided in paragraph (4) and in section 

1126, the grant that a local educational agency is eligible to receive under this section for a fiscal year is the amount determined by multiplying— 

(A) the number of children counted under subsection 

(c); and 

(B) 40 percent of the average per-pupil expenditure in 

the State, except that the amount determined under this 

subparagraph shall not be less than 32 percent, or more 

than 48 percent, of the average per-pupil expenditure in 

the United States. 

(2) CALCULATION OF GRANTS.— 

(A) ALLOCATIONS TO LOCAL EDUCATIONAL AGENCIES.— 

The Secretary shall calculate grants under this section on 

the basis of the number of children counted under subsection (c) for local educational agencies, unless the Secretary and the Secretary of Commerce determine that 

some or all of those data are unreliable or that their use 

would be otherwise inappropriate, in which case— 

(i) the two Secretaries shall publicly disclose the 

reasons for their determination in detail; and 

(ii) paragraph (3) shall apply. 

(B) ALLOCATIONS TO LARGE AND SMALL LOCAL EDUCATIONAL AGENCIES.— 

(i) For any fiscal year to which this paragraph applies, the Secretary shall calculate grants under this 

section for each local educational agency. 

(ii) The amount of a grant under this section for 

each large local educational agency shall be the 

amount determined under clause (i). 

(iii) For small local educational agencies, the State 

educational agency may either— 

(I) distribute grants under this section in 

amounts determined by the Secretary under 

clause (i); or 

(II) use an alternative method approved by 

the Secretary to distribute the portion of the 

State’s total grants under this section that is 

based on those small agencies. 

(iv) An alternative method under clause (iii)(II) 

shall be based on population data that the State educational agency determines best reflect the current 

distribution of children in poor families among the 


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State’s small local educational agencies that meet the 

eligibility criteria of subsection (b). 

(v) If a small local educational agency is dissatisfied with the determination of its grant by the State 

educational agency under clause (iii)(II), it may appeal 

that determination to the Secretary, who shall respond 

not later than 45 days after receipt of such appeal. 

(vi) As used in this subparagraph— 

(I) the term ‘‘large local educational agency’’ 

means a local educational agency serving an area 

with a total population of 20,000 or more; and 

(II) the term ‘‘small local educational agency’’ 

means a local educational agency serving an area 

with a total population of less than 20,000. 

(3) ALLOCATIONS TO COUNTIES.— 

(A) CALCULATION.—For any fiscal year to which this 

paragraph applies, the Secretary shall calculate grants 

under this section on the basis of the number of children 

counted under subsection (c) for counties, and State educational agencies shall suballocate county amounts to local 

educational agencies, in accordance with regulations 

issued by the Secretary. 

(B) DIRECT ALLOCATIONS.—In any State in which a 

large number of local educational agencies overlap county 

boundaries, or for which the State believes it has data that 

would better target funds than allocating them by county, 

the State educational agency may apply to the Secretary 

for authority to make the allocations under this subpart 

for a particular fiscal year directly to local educational 

agencies without regard to counties. 

(C) ALLOCATIONS TO LOCAL EDUCATIONAL AGENCIES.— 

If the Secretary approves the State educational agency’s 

application under subparagraph (B), the State educational 

agency shall provide the Secretary an assurance that such 

allocations shall be made— 

(i) using precisely the same factors for determining a grant as are used under this subpart; or 

(ii) using data that the State educational agency 

submits to the Secretary for approval that more accurately target poverty. 

(D) APPEAL.—The State educational agency shall provide the Secretary an assurance that it will establish a 

procedure through which a local educational agency that is 

dissatisfied with its determinations under subparagraph 

(B) may appeal directly to the Secretary for a final determination. 

(4) PUERTO RICO.— 

(A) IN GENERAL.—For each fiscal year, the grant that 

the Commonwealth of Puerto Rico shall be eligible to receive under this section shall be the amount determined by 

multiplying the number of children counted under subsection (c) for the Commonwealth of Puerto Rico by the 

product of— 


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(i) subject to subparagraph (B), the percentage 

that the average per-pupil expenditure in the Commonwealth of Puerto Rico is of the lowest average perpupil expenditure of any of the 50 States; and 

(ii) 32 percent of the average per-pupil expenditure in the United States. 

(B) MINIMUM PERCENTAGE.—The percentage in subparagraph (A)(i) shall not be less than— 

(i) for fiscal year 2002, 77.5 percent; 

(ii) for fiscal year 2003, 80.0 percent; 

(iii) for fiscal year 2004, 82.5 percent; 

(iv) for fiscal year 2005, 85.0 percent; 

(v) for fiscal year 2006, 92.5 percent; and 

(vi) for fiscal year 2007 and succeeding fiscal 

years, 100.0 percent. 

(C) LIMITATION.—If the application of subparagraph 

(B) would result in any of the 50 States or the District of 

Columbia receiving less under this subpart than it received under this subpart for the preceding fiscal year, the 

percentage in subparagraph (A) shall be the greater of— 

(i) the percentage in subparagraph (A)(i); 

(ii) the percentage specified in subparagraph (B) 

for the preceding fiscal year; or 

(iii) the percentage used for the preceding fiscal 

year. 

(b) MINIMUM NUMBER OF CHILDREN TO QUALIFY.—A local educational agency is eligible for a basic grant under this section for 

any fiscal year only if the number of children counted under subsection (c) for that agency is both— 

(1) 10 or more; and 

(2) more than 2 percent of the total school-age population 

in the agency’s jurisdiction. 

(c) CHILDREN TO BE COUNTED.— 

(1) CATEGORIES OF CHILDREN.—The number of children to 

be counted for purposes of this section is the aggregate of— 

(A) the number of children aged 5 to 17, inclusive, in 

the school district of the local educational agency from 

families below the poverty level as determined under paragraph (2); 

(B) the number of children (determined under paragraph (4) for either the preceding year as described in that 

paragraph, or for the second preceding year, as the Secretary finds appropriate) aged 5 to 17, inclusive, in the 

school district of such agency in institutions for neglected 

and delinquent children (other than such institutions operated by the United States), but not counted pursuant to 

subpart 1 of part D for the purposes of a grant to a State 

agency, or being supported in foster homes with public 

funds; and 

(C) the number of children aged 5 to 17, inclusive, in 

the school district of such agency from families above the 

poverty level as determined under paragraph (4). 

(2) DETERMINATION OF NUMBER OF CHILDREN.—For the 

purposes of this section, the Secretary shall determine the 


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number of children aged 5 to 17, inclusive, from families below 

the poverty level on the basis of the most recent satisfactory 

data, described in paragraph (3), available from the Department of Commerce. The District of Columbia and the Commonwealth of Puerto Rico shall be treated as individual local educational agencies. If a local educational agency contains two or 

more counties in their entirety, then each county will be treated as if such county were a separate local educational agency 

for purposes of calculating grants under this part. The total of 

grants for such counties shall be allocated to such a local educational agency, which local educational agency shall distribute 

to schools in each county within such agency a share of the 

local educational agency’s total grant that is no less than the 

county’s share of the population counts used to calculate the 

local educational agency’s grant. 

(3) POPULATION UPDATES.— (A) IN GENERAL.—In fiscal year 2002 and each subsequent fiscal year, the Secretary shall use updated data on 

the number of children, aged 5 to 17, inclusive, from families below the poverty level for counties or local educational agencies, published by the Department of Commerce, unless the Secretary and the Secretary of Commerce determine that the use of the updated population 

data would be inappropriate or unreliable. If appropriate 

and reliable data are not available annually, the Secretary 

shall use data which are updated every 2 years. 

(B) INAPPROPRIATE OR UNRELIABLE DATA.—If the Secretary and the Secretary of Commerce determine that 

some or all of the data referred to in subparagraph (A) are 

inappropriate or unreliable, the Secretary and the Secretary of Commerce shall publicly disclose their reasons. 

(C) CRITERIA OF POVERTY.—In determining the families that are below the poverty level, the Secretary shall 

use the criteria of poverty used by the Bureau of the Census in compiling the most recent decennial census, as the 

criteria have been updated by increases in the Consumer 

Price Index for All Urban Consumers, published by the 

Bureau of Labor Statistics. 

(4) OTHER CHILDREN TO BE COUNTED.— 

(A) For the purpose of this section, the Secretary shall 

determine the number of children aged 5 to 17, inclusive, 

from families above the poverty level on the basis of the 

number of such children from families receiving an annual 

income, in excess of the current criteria of poverty, from 

payments under a State program funded under part A of 

title IV of the Social Security Act; and in making such determinations, the Secretary shall use the criteria of poverty used by the Bureau of the Census in compiling the 

most recent decennial census for a family of four in such 

form as those criteria have been updated by increases in 

the Consumer Price Index for All Urban Consumers, published by the Bureau of Labor Statistics. 

(B) The Secretary shall determine the number of such 

children and the number of children aged 5 through 17 livVerDate Nov 24 2008 11:50 Feb 05, 2016 Jkt 000000 PO 00000 Frm 00093 Fmt 9001 Sfmt 6601 F:\COMP\EDII\EASEAO1.BEL HOLCPC

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ing in institutions for neglected or delinquent children, or 

being supported in foster homes with public funds, on the 

basis of the caseload data for the month of October of the 

preceding fiscal year (using, in the case of children described in the preceding sentence, the criteria of poverty 

and the form of such criteria required by such sentence 

which were determined for the calendar year preceding 

such month of October) or, to the extent that such data are 

not available to the Secretary before January of the calendar year in which the Secretary’s determination is 

made, then on the basis of the most recent reliable data 

available to the Secretary at the time of such determination. 

(C) Except for the data on children living in institutions for neglected or delinquent children, the Secretary of 

Health and Human Services shall collect and transmit the 

information required by this subparagraph to the Secretary not later than January 1 of each year. 

(D) For the purpose of this section, the Secretary shall 

consider all children who are in correctional institutions to 

be living in institutions for delinquent children. 

(5) ESTIMATE.—When requested by the Secretary, the Secretary of Commerce shall make a special updated estimate of 

the number of children of such ages who are from families 

below the poverty level (as determined under paragraph (1)(A)) 

in each school district, and the Secretary is authorized to pay 

(either in advance or by way of reimbursement) the Secretary 

of Commerce the cost of making this special estimate. The Secretary of Commerce shall give consideration to any request of 

the chief executive of a State for the collection of additional 

census information. 

(d) STATE MINIMUM.—Notwithstanding section 1122, the aggregate amount allotted for all local educational agencies within a 

State may not be less than the lesser of— 

(1) 0.25 percent of the total amount allocated to States 

under this section for fiscal year 2001, plus 0.35 percent of the 

total amount allocated to States under this section in excess of 

the amount allocated for fiscal year 2001; or 

(2) the average of— 

(A) the amount calculated in paragraph (1), above; and 

(B) the number of children in such State counted 

under subsection (c) in the fiscal year multiplied by 150 

percent of the national average per-pupil payment made 

with funds available under this section for that year. 

SEC. 1124A. ø20 U.S.C. 6334¿ CONCENTRATION GRANTS TO LOCAL EDUCATIONAL AGENCIES. 

(a) ELIGIBILITY FOR AND AMOUNT OF GRANTS.— 

(1) IN GENERAL.—(A) Except as otherwise provided in this 

paragraph, each local educational agency which is eligible for 

a grant under section 1124 for any fiscal year is eligible for an 

additional grant under this section for that fiscal year if the 

number of children counted under section 1124(c) in the agency 

exceeds either— 

(i) 6,500; or 


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(ii) 15 percent of the total number of children aged 5 

through 17 in the agency. 

(B) Notwithstanding section 1122, no State shall receive 

less than the lesser of— 

(i) 0.25 percent of the total amount allocated to States 

under this section for fiscal year 2001, plus 0.35 percent of 

the total amount allocated to States under this section in 

excess of the amount allocated for fiscal year 2001; or 

(ii) the average of— 

(I) the amount calculated under clause (i); and 

(II) the greater of— (aa) $340,000; or 

(bb) the number of children in such State 

counted for purposes of this section in that fiscal 

year multiplied by 150 percent of the national average per-pupil payment made with funds available under this section for that year. 

(2) DETERMINATION.—For each county or local educational 

agency eligible to receive an additional grant under this section 

for any fiscal year, the Secretary shall determine the product 

of— 

(A) the number of children counted under section 

1124(c) for that fiscal year; and 

(B) the amount in section 1124(a)(1)(B) for each State 

except the Commonwealth of Puerto Rico, and the amount 

in section 1124(a)(4) for the Commonwealth of Puerto Rico. 

(3) AMOUNT.—The amount of the additional grant for 

which an eligible local educational agency or county is eligible 

under this section for any fiscal year shall be an amount which 

bears the same ratio to the amount available to carry out this 

section for that fiscal year as the product determined under 

paragraph (2) for such local educational agency for that fiscal 

year bears to the sum of such products for all local educational 

agencies in the United States for that fiscal year. 

(4) LOCAL ALLOCATIONS.—(A) Grant amounts under this 

section shall be determined in accordance with section 

1124(a)(2), (3), and (4). 

(B) For any fiscal year for which the Secretary allocates 

funds under this section on the basis of counties, a State may 

reserve not more than 2 percent of its allocation under this section to make grants to local educational agencies that meet the 

criteria of paragraph (1)(A)(i) or (ii) and are in ineligible counties that do not meet these criteria. 

(b) SMALL STATES.—In any State for which on the date of enactment of the No Child Left Behind Act of 2001 the number of 

children counted under section 1124(c) is less than 0.25 percent of 

the number of those children counted for all States, the State educational agency shall allocate funds under this section among the 

local educational agencies in the State either— 

(1) in accordance with paragraphs (2) and (4) of subsection 

(a); or 

(2) based on their respective concentrations and numbers 

of children counted under section 1124(c), except that only 

those local educational agencies with concentrations or numVerDate Nov 24 2008 11:50 Feb 05, 2016 Jkt 000000 PO 00000 Frm 00095 Fmt 9001 Sfmt 6601 F:\COMP\EDII\EASEAO1.BEL HOLCPC

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As Amended Through P.L. 114-95, Enacted December 10, 2015
Sec. 1125 ESEA OF 1965 96 

bers of children counted under section 1124(c) that exceed the 

statewide average percentage of such children or the statewide 

average number of such children shall receive any funds on the 

basis of this paragraph. 

SEC. 1125. ø20 U.S.C. 6335¿ TARGETED GRANTS TO LOCAL EDUCATIONAL AGENCIES. 

(a) ELIGIBILITY OF LOCAL EDUCATIONAL AGENCIES.— (1) IN GENERAL.—A local educational agency in a State is 

eligible to receive a targeted grant under this section for any 

fiscal year if— 

(A) the number of children in the local educational 

agency counted under section 1124(c), before application of 

the weighted child count described in subsection (c), is at 

least 10; and 

(B) if the number of children counted for grants under 

section 1124(c), before application of the weighted child 

count described in subsection (c), is at least 5 percent of 

the total number of children aged 5 to 17 years, inclusive, 

in the school district of the local educational agency. 

(2) SPECIAL RULE.—For any fiscal year for which the Secretary allocates funds under this section on the basis of counties, funds made available as a result of applying this subsection shall be reallocated by the State educational agency to 

other eligible local educational agencies in the State in proportion to the distribution of other funds under this section. 

(b) GRANTS FOR LOCAL EDUCATIONAL AGENCIES, THE DISTRICT

OF COLUMBIA, AND THE COMMONWEALTH OF PUERTO RICO.— (1) IN GENERAL.—The amount of the grant that a local 

educational agency in a State (other than the Commonwealth 

of Puerto Rico) is eligible to receive under this section for any 

fiscal year shall be the product of— 

(A) the weighted child count determined under subsection (c); and 

(B) the amount determined under section 

1124(a)(1)(B). 

(2) PUERTO RICO.—For each fiscal year, the amount of the 

grant the Commonwealth of Puerto Rico is eligible to receive 

under this section shall be equal to the number of children 

counted under subsection (c) for the Commonwealth of Puerto 

Rico, multiplied by the amount determined in section 

1124(a)(4) for the Commonwealth of Puerto Rico. 

(c) WEIGHTED CHILD COUNT.— 

(1) WEIGHTS FOR ALLOCATIONS TO COUNTIES.— 

(A) IN GENERAL.—For each fiscal year for which the 

Secretary uses county population data to calculate grants, 

the weighted child count used to determine a county’s allocation under this section is the larger of the two amounts 

determined under subparagraphs (B) and (C). 

(B) BY PERCENTAGE OF CHILDREN.—The amount referred to in subparagraph (A) is determined by adding— 

(i) the number of children determined under section 1124(c) for that county who constitute not more 

than 15.00 percent, inclusive, of the county’s total population aged 5 to 17, inclusive, multiplied by 1.0; 


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97 Sec. 1125 ESEA OF 1965 

(ii) the number of such children who constitute 

more than 15.00 percent, but not more than 19.00 percent, of such population, multiplied by 1.75; 

(iii) the number of such children who constitute 

more than 19.00 percent, but not more than 24.20 percent, of such population, multiplied by 2.5; 

(iv) the number of such children who constitute 

more than 24.20 percent, but not more than 29.20 percent, of such population, multiplied by 3.25; and 

(v) the number of such children who constitute 

more than 29.20 percent of such population, multiplied 

by 4.0. 

(C) BY NUMBER OF CHILDREN.—The amount referred to 

in subparagraph (A) is determined by adding— 

(i) the number of children determined under section 1124(c) who constitute not more than 2,311, inclusive, of the county’s total population aged 5 to 17, inclusive, multiplied by 1.0; 

(ii) the number of such children between 2,312 

and 7,913, inclusive, in such population, multiplied by 

1.5; 

(iii) the number of such children between 7,914 

and 23,917, inclusive, in such population, multiplied 

by 2.0; 

(iv) the number of such children between 23,918 

and 93,810, inclusive, in such population, multiplied 

by 2.5; and 

(v) the number of such children in excess of 93,811 

in such population, multiplied by 3.0. 

(D) PUERTO RICO.—Notwithstanding subparagraph (A), 

the weighting factor for the Commonwealth of Puerto Rico 

under this paragraph shall not be greater than the total 

number of children counted under section 1124(c) multiplied by 1.82. 

(2) WEIGHTS FOR ALLOCATIONS TO LOCAL EDUCATIONAL

AGENCIES.— 

(A) IN GENERAL.—For each fiscal year for which the 

Secretary uses local educational agency data, the weighted 

child count used to determine a local educational agency’s 

grant under this section is the larger of the two amounts 

determined under subparagraphs (B) and (C). 

(B) BY PERCENTAGE OF CHILDREN.—The amount referred to in subparagraph (A) is determined by adding— 

(i) the number of children determined under section 1124(c) for that local educational agency who constitute not more than 15.58 percent, inclusive, of the 

agency’s total population aged 5 to 17, inclusive, multiplied by 1.0; 

(ii) the number of such children who constitute 

more than 15.58 percent, but not more than 22.11 percent, of such population, multiplied by 1.75; 

(iii) the number of such children who constitute 

more than 22.11 percent, but not more than 30.16 percent, of such population, multiplied by 2.5; 


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As Amended Through P.L. 114-95, Enacted December 10, 2015
Sec. 1125AA ESEA OF 1965 98 

6Section 1016 of Public Law 114–95 provides for an amendment to section 1125AA. The casing of the matter inserted in the section heading is not OLC style, however, is reflected here 

in the correct style and casing. The amendment also included a point dash with the word ‘‘Pursuant’’ run in to the heading which is not reflected here. 

(iv) the number of such children who constitute 

more than 30.16 percent, but not more than 38.24 percent, of such population, multiplied by 3.25; and 

(v) the number of such children who constitute 

more than 38.24 percent of such population, multiplied 

by 4.0. 

(C) BY NUMBER OF CHILDREN.—The amount referred to 

in subparagraph (A) is determined by adding— 

(i) the number of children determined under section 1124(c) who constitute not more than 691, inclusive, of the agency’s total population aged 5 to 17, inclusive, multiplied by 1.0; 

(ii) the number of such children between 692 and 

2,262, inclusive, in such population, multiplied by 1.5; 

(iii) the number of such children between 2,263 

and 7,851, inclusive, in such population, multiplied by 

2.0; 

(iv) the number of such children between 7,852 

and 35,514, inclusive, in such population, multiplied 

by 2.5; and 

(v) the number of such children in excess of 35,514 

in such population, multiplied by 3.0. 

(D) PUERTO RICO.—Notwithstanding subparagraph (A), 

the weighting factor for the Commonwealth of Puerto Rico 

under this paragraph shall not be greater than the total 

number of children counted under section 1124(c) multiplied by 1.82. 

(d) CALCULATION OF GRANT AMOUNTS.—Grant amounts under 

this section shall be calculated in the same manner as grant 

amounts are calculated under section 1124(a)(2) and (3). 

(e) STATE MINIMUM.—Notwithstanding any other provision of 

this section or section 1122, from the total amount available for 

any fiscal year to carry out this section, each State shall be allotted 

at least the lesser of— 

(1) 0.35 percent of the total amount available to carry out 

this section; or 

(2) the average of— 

(A) 0.35 percent of the total amount available to carry 

out this section; and 

(B) 150 percent of the national average grant under 

this section per child described in section 1124(c), without 

application of a weighting factor, multiplied by the State’s 

total number of children described in section 1124(c), without application of a weighting factor. 

SEC. 1125AA. ø20 U.S.C. 6336¿ ADEQUACY OF FUNDING TO LOCAL EDUCATIONAL AGENCIES IN FISCAL YEARS AFTER FISCAL 

YEAR 2001. 6

Pursuant to section 1122, the total amount allocated in any fiscal year after fiscal year 2001 for programs and activities under 

this part shall not exceed the amount allocated in fiscal year 2001 


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99 Sec. 1125A ESEA OF 1965 

for such programs and activities unless the amount available for 

targeted grants to local educational agencies under section 1125 in 

the applicable fiscal year meets the requirements of section 

1122(a). 

SEC. 1125A. ø20 U.S.C. 6337¿ EDUCATION FINANCE INCENTIVE GRANT 

PROGRAM. 

(a) GRANTS.—From funds made available under section 1122(a) 

the Secretary is authorized to make grants to States, from allotments under subsection (b), to carry out the programs and activities of this part. 

(b) DISTRIBUTION BASED UPON FISCAL EFFORT AND EQUITY.— (1) IN GENERAL.— (A) IN GENERAL.—Except as provided in subparagraph 

(B), funds made available for any fiscal year to carry out 

this section shall be allotted to each State based upon the 

number of children counted under section 1124(c) in such 

State multiplied by the product of— 

(i) the amount in section 1124(a)(1)(B) for all 

States other than the Commonwealth of Puerto Rico, 

except that the amount determined under that subparagraph shall not be less that 34 percent or more 

than 46 percent of the average per pupil expenditure 

in the United States, and the amount in section 

1124(a)(4) for the Commonwealth of Puerto Rico, except that the amount in section 1124(a)(4)(A)(ii) shall 

be 34 percent of the average per pupil expenditure in 

the United States; multiplied by 

(ii) such State’s effort factor described in paragraph (2); multiplied by 

(iii) 1.30 minus such State’s equity factor described in paragraph (3). 

(B) STATE MINIMUM.—Notwithstanding any other provision of this section or section 1122, from the total 

amount available for any fiscal year to carry out this section, each State shall be allotted at least the lesser of— 

(i) 0.35 percent of the total amount reserved under 

section 1122(a) to carry out this section; or 

(ii) the average of— 

(I) 0.35 percent of the total amount available 

to carry out this section; and 

(II) 150 percent of the national average grant 

under this section per child described in section 

1124(c), without application of a weighting factor, 

multiplied by the State’s total number of children 

described in section 1124(c), without application of 

a weighting factor. 

(2) EFFORT FACTOR.— 

(A) IN GENERAL.—Except as provided in subparagraph 

(B), the effort factor for a State shall be determined in accordance with the succeeding sentence, except that such 

factor shall not be less than 0.95 nor greater than 1.05. 

The effort factor determined under this sentence shall be 

a fraction the numerator of which is the product of the 3- 

year average per-pupil expenditure in the State multiplied 


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Sec. 1125A ESEA OF 1965 100 

by the 3-year average per capita income in the United 

States and the denominator of which is the product of the 

3-year average per capita income in such State multiplied 

by the 3-year average per-pupil expenditure in the United 

States. 

(B) COMMONWEALTH OF PUERTO RICO.—The effort factor for the Commonwealth of Puerto Rico shall be equal to 

the lowest effort factor calculated under subparagraph (A) 

for any State. 

(3) EQUITY FACTOR.— 

(A) DETERMINATION.— 

(i) IN GENERAL.—Except as provided in subparagraph (B), the Secretary shall determine the equity 

factor under this section for each State in accordance 

with clause (ii). 

(ii) COMPUTATION.— 

(I) IN GENERAL.—For each State, the Secretary shall compute a weighted coefficient of variation for the per-pupil expenditures of local educational agencies in accordance with subclauses 

(II), (III), and (IV). 

(II) VARIATION.—In computing coefficients of 

variation, the Secretary shall weigh the variation 

between per-pupil expenditures in each local educational agency and the average per-pupil expenditures in the State according to the number of pupils served by the local educational agency. 

(III) NUMBER OF PUPILS.—In determining the 

number of pupils under this paragraph served by 

each local educational agency and in each State, 

the Secretary shall multiply the number of children counted under section 1124(c) by a factor of 

1.4. 

(IV) ENROLLMENT REQUIREMENT.—In computing coefficients of variation, the Secretary shall 

include only those local educational agencies with 

an enrollment of more than 200 students. 

(B) SPECIAL RULE.—The equity factor for a State that 

meets the disparity standard described in section 222.162 

of title 34, Code of Federal Regulations (as such section 

was in effect on the day preceding the date of enactment 

of the No Child Left Behind Act of 2001) or a State with 

only one local educational agency shall be not greater than 

0.10. 

(c) USE OF FUNDS; ELIGIBILITY OF LOCAL EDUCATIONAL AGENCIES.—All funds awarded to each State under this section shall be 

allocated to local educational agencies under the following provisions. Within local educational agencies, funds allocated under this 

section shall be distributed to schools on a basis consistent with 

section 1113, and may only be used to carry out activities under 

this part. A local educational agency in a State is eligible to receive 

a targeted grant under this section for any fiscal year if— 


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(1) the number of children in the local educational agency 

counted under section 1124(c), before application of the weighted child count described in paragraph (3), is at least 10; and 

(2) if the number of children counted for grants under section 1124(c), before application of the weighted child count described in paragraph (3), is at least 5 percent of the total number of children aged 5 to 17 years, inclusive, in the school district of the local educational agency. 

For any fiscal year for which the Secretary allocates funds under 

this section on the basis of counties, funds made available as a result of applying this subsection shall be reallocated by the State 

educational agency to other eligible local educational agencies in 

the State in proportion to the distribution of other funds under this 

section. 

(d) ALLOCATION OF FUNDS TO ELIGIBLE LOCAL EDUCATIONAL

AGENCIES.—Funds received by States under this section shall be 

allocated within States to eligible local educational agencies on the 

basis of weighted child counts calculated in accordance with paragraph (1), (2), or (3), as appropriate for each State. 

(1) STATES WITH AN EQUITY FACTOR LESS THAN.10.—In 

States with an equity factor less than .10, the weighted child 

counts referred to in subsection (d) shall be calculated as follows: 

(A) WEIGHTS FOR ALLOCATIONS TO COUNTIES.— 

(i) IN GENERAL.—For each fiscal year for which the 

Secretary uses county population data to calculate 

grants, the weighted child count used to determine a 

county’s allocation under this section is the larger of 

the two amounts determined under clauses (ii) and 

(iii). 

(ii) BY PERCENTAGE OF CHILDREN.—The amount 

referred to in clause (i) is determined by adding— 

(I) the number of children determined under 

section 1124(c) for that county who constitute not 

more than 15.00 percent, inclusive, of the county’s 

total population aged 5 to 17, inclusive, multiplied 

by 1.0; 

(II) the number of such children who constitute more than 15.00 percent, but not more 

than 19.00 percent, of such population, multiplied 

by 1.75; 

(III) the number of such children who constitute more than 19.00 percent, but not more 

than 24.20 percent, of such population, multiplied 

by 2.5; 

(IV) the number of such children who constitute more than 24.20 percent, but not more 

than 29.20 percent, of such population, multiplied 

by 3.25; and 

(V) the number of such children who constitute more than 29.20 percent of such population, multiplied by 4.0. 

(iii) BY NUMBER OF CHILDREN.—The amount referred to in clause (i) is determined by adding 


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(I) the number of children determined under 

section 1124(c) who constitute not more than 

2,311, inclusive, of the county’s total population 

aged 5 to 17, inclusive, multiplied by 1.0; 

(II) the number of such children between 

2,312 and 7,913, inclusive, in such population, 

multiplied by 1.5; 

(III) the number of such children between 

7,914 and 23,917, inclusive, in such population, 

multiplied by 2.0; 

(IV) the number of such children between 

23,918 and 93,810, inclusive, in such population, 

multiplied by 2.5; and 

(V) the number of such children in excess of 

93,811 in such population, multiplied by 3.0. 

(B) WEIGHTS FOR ALLOCATIONS TO LOCAL EDUCATIONAL

AGENCIES.— 

(i) IN GENERAL.—For each fiscal year for which the 

Secretary uses local educational agency data, the 

weighted child count used to determine a local educational agency’s grant under this section is the larger 

of the two amounts determined under clauses (ii) and 

(iii). 

(ii) BY PERCENTAGE OF CHILDREN.—The amount 

referred to in clause (i) is determined by adding— 

(I) the number of children determined under 

section 1124(c) for that local educational agency 

who constitute not more than 15.58 percent, inclusive, of the agency’s total population aged 5 to 17, 

inclusive, multiplied by 1.0; 

(II) the number of such children who constitute more than 15.58 percent, but not more 

than 22.11 percent, of such population, multiplied 

by 1.75; 

(III) the number of such children who constitute more than 22.11 percent, but not more 

than 30.16 percent, of such population, multiplied 

by 2.5; 

(IV) the number of such children who constitute more than 30.16 percent, but not more 

than 38.24 percent, of such population, multiplied 

by 3.25; and 

(V) the number of such children who constitute more than 38.24 percent of such population, multiplied by 4.0. 

(iii) BY NUMBER OF CHILDREN.—The amount referred to in clause (i) is determined by adding— 

(I) the number of children determined under 

section 1124(c) who constitute not more than 691, 

inclusive, of the agency’s total population aged 5 

to 17, inclusive, multiplied by 1.0; 

(II) the number of such children between 692 

and 2,262, inclusive, in such population, multiplied by 1.5; 


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103 Sec. 1125A ESEA OF 1965 

(III) the number of such children between 

2,263 and 7,851, inclusive, in such population, 

multiplied by 2.0; 

(IV) the number of such children between 

7,852 and 35,514, inclusive, in such population, 

multiplied by 2.5; and 

(V) the number of such children in excess of 

35,514 in such population, multiplied by 3.0. 

(2) STATES WITH AN EQUITY FACTOR GREATER THAN OR

EQUAL TO.10 AND LESS THAN.20.—In States with an equity factor greater than or equal to .10 and less than .20, the weighted 

child counts referred to in subsection (d) shall be calculated as 

follows: 

(A) WEIGHTS FOR ALLOCATIONS TO COUNTIES.— (i) IN GENERAL.—For each fiscal year for which the 

Secretary uses county population data to calculate 

grants, the weighted child count used to determine a 

county’s allocation under this section is the larger of 

the two amounts determined under clauses (ii) and 

(iii). 

(ii) BY PERCENTAGE OF CHILDREN.—The amount 

referred to in clause (i) is determined by adding— 

(I) the number of children determined under 

section 1124(c) for that county who constitute not 

more than 15.00 percent, inclusive, of the county’s 

total population aged 5 to 17, inclusive, multiplied 

by 1.0; 

(II) the number of such children who constitute more than 15.00 percent, but not more 

than 19.00 percent, of such population, multiplied 

by 1.5; 

(III) the number of such children who constitute more than 19.00 percent, but not more 

than 24.20 percent, of such population, multiplied 

by 3.0; 

(IV) the number of such children who constitute more than 24.20 percent, but not more 

than 29.20 percent, of such population, multiplied 

by 4.5; and 

(V) the number of such children who constitute more than 29.20 percent of such population, multiplied by 6.0. 

(iii) BY NUMBER OF CHILDREN.—The amount referred to in clause (i) is determined by adding— 

(I) the number of children determined under 

section 1124(c) who constitute not more than 

2,311, inclusive, of the county’s total population 

aged 5 to 17, inclusive, multiplied by 1.0; 

(II) the number of such children between 

2,312 and 7,913, inclusive, in such population, 

multiplied by 1.5; 

(III) the number of such children between 

7,914 and 23,917, inclusive, in such population, 

multiplied by 2.25; 


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Sec. 1125A ESEA OF 1965 104 

(IV) the number of such children between 

23,918 and 93,810, inclusive, in such population, 

multiplied by 3.375; and 

(V) the number of such children in excess of 

93,811 in such population, multiplied by 4.5. 

(B) WEIGHTS FOR ALLOCATIONS TO LOCAL EDUCATIONAL

AGENCIES.— 

(i) IN GENERAL.—For each fiscal year for which the 

Secretary uses local educational agency data, the 

weighted child count used to determine a local educational agency’s grant under this section is the larger 

of the two amounts determined under clauses (ii) and 

(iii). 

(ii) BY PERCENTAGE OF CHILDREN.—The amount 

referred to in clause (i) is determined by adding— 

(I) the number of children determined under 

section 1124(c) for that local educational agency 

who constitute not more than 15.58 percent, inclusive, of the agency’s total population aged 5 to 17, 

inclusive, multiplied by 1.0; 

(II) the number of such children who constitute more than 15.58 percent, but not more 

than 22.11 percent, of such population, multiplied 

by 1.5; 

(III) the number of such children who constitute more than 22.11 percent, but not more 

than 30.16 percent, of such population, multiplied 

by 3.0; 

(IV) the number of such children who constitute more than 30.16 percent, but not more 

than 38.24 percent, of such population, multiplied 

by 4.5; and 

(V) the number of such children who constitute more than 38.24 percent of such population, multiplied by 6.0. 

(iii) BY NUMBER OF CHILDREN.—The amount referred to in clause (i) is determined by adding— 

(I) the number of children determined under 

section 1124(c) who constitute not more than 691, 

inclusive, of the agency’s total population aged 5 

to 17, inclusive, multiplied by 1.0; 

(II) the number of such children between 692 

and 2,262, inclusive, in such population, multiplied by 1.5; 

(III) the number of such children between 

2,263 and 7,851, inclusive, in such population, 

multiplied by 2.25; 

(IV) the number of such children between 

7,852 and 35,514, inclusive, in such population, 

multiplied by 3.375; and 

(V) the number of such children in excess of 

35,514 in such population, multiplied by 4.5. 

(3) STATES WITH AN EQUITY FACTOR GREATER THAN OR

EQUAL TO.20.—In States with an equity factor greater than or 


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105 Sec. 1125A ESEA OF 1965 

equal to .20, the weighted child counts referred to in subsection 

(d) shall be calculated as follows: 

(A) WEIGHTS FOR ALLOCATIONS TO COUNTIES.— (i) IN GENERAL.—For each fiscal year for which the 

Secretary uses county population data to calculate 

grants, the weighted child count used to determine a 

county’s allocation under this section is the larger of 

the two amounts determined under clauses (ii) and 

(iii). 

(ii) BY PERCENTAGE OF CHILDREN.—The amount 

referred to in clause (i) is determined by adding— 

(I) the number of children determined under 

section 1124(c) for that county who constitute not 

more than 15.00 percent, inclusive, of the county’s 

total population aged 5 to 17, inclusive, multiplied 

by 1.0; 

(II) the number of such children who constitute more than 15.00 percent, but not more 

than 19.00 percent, of such population, multiplied 

by 2.0; 

(III) the number of such children who constitute more than 19.00 percent, but not more 

than 24.20 percent, of such population, multiplied 

by 4.0; 

(IV) the number of such children who constitute more than 24.20 percent, but not more 

than 29.20 percent, of such population, multiplied 

by 6.0; and 

(V) the number of such children who constitute more than 29.20 percent of such population, multiplied by 8.0. 

(iii) BY NUMBER OF CHILDREN.—The amount referred to in clause (i) is determined by adding— 

(I) the number of children determined under 

section 1124(c) who constitute not more than 

2,311, inclusive, of the county’s total population 

aged 5 to 17, inclusive, multiplied by 1.0; 

(II) the number of such children between 

2,312 and 7,913, inclusive, in such population, 

multiplied by 2.0; 

(III) the number of such children between 

7,914 and 23,917, inclusive, in such population, 

multiplied by 3.0; 

(IV) the number of such children between 

23,918 and 93,810, inclusive, in such population, 

multiplied by 4.5; and 

(V) the number of such children in excess of 

93,811 in such population, multiplied by 6.0. 

(B) WEIGHTS FOR ALLOCATIONS TO LOCAL EDUCATIONAL

AGENCIES.— 

(i) IN GENERAL.—For each fiscal year for which the 

Secretary uses local educational agency data, the 

weighted child count used to determine a local educational agency’s grant under this section is the larger 


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of the two amounts determined under clauses (ii) and 

(iii). 

(ii) BY PERCENTAGE OF CHILDREN.—The amount 

referred to in clause (i) is determined by adding— 

(I) the number of children determined under 

section 1124(c) for that local educational agency 

who constitute not more than 15.58 percent, inclusive, of the agency’s total population aged 5 to 17, 

inclusive, multiplied by 1.0; 

(II) the number of such children who constitute more than 15.58 percent, but not more 

than 22.11 percent, of such population, multiplied 

by 2.0; 

(III) the number of such children who constitute more than 22.11 percent, but not more 

than 30.16 percent, of such population, multiplied 

by 4.0; 

(IV) the number of such children who constitute more than 30.16 percent, but not more 

than 38.24 percent, of such population, multiplied 

by 6.0; and 

(V) the number of such children who constitute more than 38.24 percent of such population, multiplied by 8.0. 

(iii) BY NUMBER OF CHILDREN.—The amount referred to in clause (i) is determined by adding— 

(I) the number of children determined under 

section 1124(c) who constitute not more than 691, 

inclusive, of the agency’s total population aged 5 

to 17, inclusive, multiplied by 1.0; 

(II) the number of such children between 692 

and 2,262, inclusive, in such population, multiplied by 2.0; 

(III) the number of such children between 

2,263 and 7,851, inclusive, in such population, 

multiplied by 3.0; 

(IV) the number of such children between 

7,852 and 35,514, inclusive, in such population, 

multiplied by 4.5; and 

(V) the number of such children in excess of 

35,514 in such population, multiplied by 6.0. 

(e) MAINTENANCE OF EFFORT.— 

(1) IN GENERAL.—A State is entitled to receive its full allotment of funds under this section for any fiscal year if the 

Secretary finds that the State’s fiscal effort per student or the 

aggregate expenditures of the State with respect to the provision of free public education by the State for the preceding fiscal year was not less than 90 percent of the fiscal effort or aggregate expenditures for the second preceding fiscal year, subject to the requirements of paragraph (2). 

(2) REDUCTION IN CASE OF FAILURE TO MEET.— 

(A) IN GENERAL.—The Secretary shall reduce the 

amount of the allotment of funds under this section for any 

fiscal year in the exact proportion by which a State fails 


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to meet the requirement of paragraph (1) by falling below 

90 percent of both the fiscal effort per student and aggregate expenditures (using the measure most favorable to 

the State), if such State has also failed to meet such requirement (as determined using the measure most favorable to the State) for 1 or more of the 5 immediately preceding fiscal years. 

(B) SPECIAL RULE.—No such lesser amount shall be 

used for computing the effort required under paragraph (1) 

for subsequent years. 

(3) WAIVER.—The Secretary may waive the requirements 

of this subsection if the Secretary determines that a waiver 

would be equitable due to— 

(A) exceptional or uncontrollable circumstances, such 

as a natural disaster or a change in the organizational 

structure of the State; or 

(B) a precipitous decline in the financial resources of 

the State. 

(f) ADJUSTMENTS WHERE NECESSITATED BY APPROPRIATIONS.— 

(1) IN GENERAL.—If the sums available under this section 

for any fiscal year are insufficient to pay the full amounts that 

all local educational agencies in States are eligible to receive 

to carry out this section for such year, the Secretary shall ratably reduce the allocations to such local educational agencies, 

subject to paragraphs (2) and (3). 

(2) ADDITIONAL FUNDS.—If additional funds become available for making payments under this section for such fiscal 

year, allocations that were reduced under paragraph (1) shall 

be increased on the same basis as they were reduced. 

(3) HOLD-HARMLESS AMOUNTS.—For each fiscal year, if sufficient funds are available, the amount made available to each 

local educational agency under this section shall be— 

(A) not less than 95 percent of the amount made available for the preceding fiscal year if the number of children 

counted for grants under section 1124 is not less than 30 

percent of the total number of children aged 5 to 17 years, 

inclusive, in the local educational agency; 

(B) not less than 90 percent of the amount made available for the preceding fiscal year if the percentage described in subparagraph (A) is between 15 percent and 30 

percent; and 

(C) not less than 85 percent of the amount made available for the preceding fiscal year if the percentage described in subparagraph (A) is below 15 percent. 

(4) APPLICABILITY.—Notwithstanding any other provision 

of law, the Secretary shall not take into consideration the holdharmless provisions of this subsection for any fiscal year for 

purposes of calculating State or local allocations for the fiscal 

year under any program administered by the Secretary other 

than a program authorized under this part. 

SEC. 1126. ø20 U.S.C. 6338¿ SPECIAL ALLOCATION PROCEDURES. 

(a) ALLOCATIONS FOR NEGLECTED CHILDREN.— 


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(1) IN GENERAL.—If a State educational agency determines 

that a local educational agency in the State is unable or unwilling to provide for the special educational needs of children 

who are living in institutions for neglected children as described in section 1124(c)(1)(B), the State educational agency 

shall, if such agency assumes responsibility for the special educational needs of such children, receive the portion of such 

local educational agency’s allocation under sections 1124, 

1124A, 1125, and 1125A that is attributable to such children. 

(2) SPECIAL RULE.—If the State educational agency does 

not assume such responsibility, any other State or local public 

agency that does assume such responsibility shall receive that 

portion of the local educational agency’s allocation. 

(b) ALLOCATIONS AMONG LOCAL EDUCATIONAL AGENCIES.—The 

State educational agency may allocate the amounts of grants under 

sections 1124, 1124A, 1125, and 1125A among the affected local 

educational agencies— 

(1) if two or more local educational agencies serve, in 

whole or in part, the same geographical area; 

(2) if a local educational agency provides free public education for children who reside in the school district of another 

local educational agency; or 

(3) to reflect the merger, creation, or change of boundaries 

of one or more local educational agencies. 

(c) REALLOCATION.—If a State educational agency determines 

that the amount of a grant a local educational agency would receive under sections 1124, 1124A, 1125, and 1125A is more than 

such local educational agency will use, the State educational agency shall make the excess amount available to other local educational agencies in the State that need additional funds in accordance with criteria established by the State educational agency. 

SEC. 1127. ø20 U.S.C. 6339¿ CARRYOVER AND WAIVER. 

(a) LIMITATION ON CARRYOVER.—Notwithstanding section 

421(b) of the General Education Provisions Act or any other provision of law, not more than 15 percent of the funds allocated to a 

local educational agency for any fiscal year under this subpart (but 

not including funds received through any reallocation under this 

subpart) may remain available for obligation by such agency for 

one additional fiscal year. 

(b) WAIVER.—A State educational agency may, once every 3 

years, waive the percentage limitation in subsection (a) if— 

(1) the agency determines that the request of a local educational agency is reasonable and necessary; or 

(2) supplemental appropriations for this subpart become 

available. 

(c) EXCLUSION.—The percentage limitation under subsection (a) 

shall not apply to any local educational agency that receives less 

than $50,000 under this subpart for any fiscal year. 


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PART B—STATE ASSESSMENT GRANTS 

SEC. 1201. ø20 U.S.C. 6361¿ GRANTS FOR STATE ASSESSMENTS AND RELATED ACTIVITIES. 

(a) GRANTS AUTHORIZED.—From amounts made available in accordance with section 1203, the Secretary shall make grants to 

State educational agencies to enable the States to carry out 1 or 

more of the following: 

(1) To pay the costs of the development of the State assessments and standards adopted under section 1111(b), which 

may include the costs of working in voluntary partnerships 

with other States, at the sole discretion of each such State. 

(2) If a State has developed the assessments adopted 

under section 1111(b), to administer those assessments or to 

carry out other assessment activities described in this part, 

such as the following: 

(A) Ensuring the provision of appropriate accommodations available to English learners and children with disabilities to improve the rates of inclusion in regular assessments of such children, including professional development 

activities to improve the implementation of such accommodations in instructional practice. 

(B) Developing challenging State academic standards 

and aligned assessments in academic subjects for which 

standards and assessments are not required under section 

1111(b). 

(C) Developing or improving assessments for English 

learners, including assessments of English language proficiency as required under section 1111(b)(2)(G) and academic assessments in languages other than English to 

meet the State’s obligations under section 1111(b)(2)(F). 

(D) Ensuring the continued validity and reliability of 

State assessments. 

(E) Refining State assessments to ensure their continued alignment with the challenging State academic standards and to improve the alignment of curricula and instructional materials. 

(F) Developing or improving balanced assessment systems that include summative, interim, and formative assessments, including supporting local educational agencies 

in developing or improving such assessments. 

(G) At the discretion of the State, refining science assessments required under section 1111(b)(2) in order to integrate engineering design skills and practices into such 

assessments. 

(H) Developing or improving models to measure and 

assess student progress or student growth on State assessments under section 1111(b)(2) and other assessments not 

required under section 1111(b)(2). 

(I) Developing or improving assessments for children 

with disabilities, including alternate assessments aligned 

to alternate academic achievement standards for students 

with the most significant cognitive disabilities described in 


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section 1111(b)(2)(D), and using the principles of universal 

design for learning. 

(J) Allowing for collaboration with institutions of higher education, other research institutions, or other organizations to improve the quality, validity, and reliability of 

State academic assessments beyond the requirements for 

such assessments described in section 1111(b)(2). 

(K) Measuring student academic achievement using 

multiple measures of student academic achievement from 

multiple sources. 

(L) Evaluating student academic achievement through 

the development of comprehensive academic assessment 

instruments (such as performance and technology-based 

academic assessments, computer adaptive assessments, 

projects, or extended performance task assessments) that 

emphasize the mastery of standards and aligned competencies in a competency-based education model. 

(M) Designing the report cards and reports under section 1111(h) in an easily accessible, user friendly-manner 

that cross-tabulates student information by any category 

the State determines appropriate, as long as such crosstabulation— 

(i) does not reveal personally identifiable information about an individual student; and 

(ii) is derived from existing State and local reporting requirements. 

(b) RULE OF CONSTRUCTION.—Nothing in subsection (a)(2)(M) 

shall be construed as authorizing, requiring, or allowing any additional reporting requirements, data elements, or information to be 

reported to the Secretary unless such reporting, data, or information is explicitly authorized under this Act. 

(c) ANNUAL REPORT.—Each State educational agency receiving 

a grant under this section shall submit an annual report to the 

Secretary describing the State’s activities under the grant and the 

result of such activities. 

SEC. 1202. ø20 U.S.C. 6362¿ STATE OPTION TO CONDUCT ASSESSMENT 

SYSTEM AUDIT. 

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

1203(a)(3) for a fiscal year, the Secretary shall make grants to 

States to enable the States to— 

(1) in the case of a grant awarded under this section to a 

State for the first time— 

(A) audit State assessment systems and ensure that 

local educational agencies audit local assessments under 

subsection (e)(1); 

(B) execute the State plan under subsection (e)(3)(D); 

and 

(C) award subgrants under subsection (f); and 

(2) in the case of a grant awarded under this section to a 

State that has previously received a grant under this section— 

(A) execute the State plan under subsection (e)(3)(D); 

and 

(B) award subgrants under subsection (f). 


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(b) MINIMUM AMOUNT.—Each State that receives a grant under 

this section shall receive an annual grant amount of not less than 

$1,500,000. 

(c) REALLOCATION.—If a State chooses not to apply for a grant 

under this section, the Secretary shall reallocate such grant 

amount to other States in accordance with the formula described 

in section 1203(a)(4)(B). 

(d) APPLICATION.—A State desiring to receive a grant under 

this section shall submit an application to the Secretary at such 

time and in such manner as the Secretary shall require. The application shall include a description of— 

(1) in the case of a State that is receiving a grant under 

this section for the first time— 

(A) the audit the State will carry out under subsection 

(e)(1); and 

(B) the stakeholder feedback the State will seek in designing such audit; 

(2) in the case of a State that is not receiving a grant 

under this section for the first time, the plan described in subsection (e)(3)(D); and 

(3) how the State will award subgrants to local educational 

agencies under subsection (f). 

(e) AUDITS OF STATE ASSESSMENT SYSTEMS AND LOCAL ASSESSMENTS.— 

(1) AUDIT REQUIREMENTS.—Not later than 1 year after the 

date a State receives an initial grant under this section, the 

State shall— 

(A) conduct a State assessment system audit as described in paragraph (3); 

(B) ensure that each local educational agency receiving 

funds under this section— 

(i) conducts an audit of local assessments administered by the local educational agency as described in 

paragraph (4); and 

(ii) submits the results of such audit to the State; 

and 

(C) report the results of each State and local educational agency audit conducted under subparagraphs (A) 

and (B), in a format that is widely accessible and publicly 

available. 

(2) RESOURCES FOR LOCAL EDUCATIONAL AGENCIES.—In 

carrying out paragraph (1)(B), each State shall provide local 

educational agencies with resources, such as guidelines and 

protocols, to assist in conducting and reporting audit results. 

(3) STATE ASSESSMENT SYSTEM DESCRIPTION.—Each State 

assessment system audit conducted under paragraph (1)(A) 

shall include— 

(A) the schedule for the administration of all State assessments; 

(B) for each State assessment— 

(i) the purpose for which the assessment was designed and the purpose for which the assessment is 

used; and 


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(ii) the legal authority for the administration of 

the assessment; 

(C) feedback on such system from stakeholders, which 

shall include information such as— 

(i) how teachers, principals, other school leaders, 

and administrators use assessment data to improve 

and differentiate instruction; 

(ii) the timing of release of assessment data; 

(iii) the extent to which assessment data is presented in an accessible and understandable format for 

all stakeholders; 

(iv) the opportunities, resources, and training 

teachers, principals, other school leaders, and administrators are given to review assessment results and 

make effective use of assessment data; 

(v) the distribution of technological resources and 

personnel necessary to administer assessments; 

(vi) the amount of time teachers spend on assessment preparation and administration; 

(vii) the assessments that administrators, teachers, principals, other school leaders, parents, and students, if appropriate, do and do not find useful; and 

(viii) other information as appropriate; and 

(D) a plan, based on the information gathered as a result of the activities described in subparagraphs (A), (B), 

and (C), to improve and streamline the State assessment 

system, including activities such as— 

(i) eliminating any unnecessary assessments, 

which may include paying the cost associated with terminating procurement contracts; 

(ii) supporting the dissemination of best practices 

from local educational agencies or other States that 

have successfully improved assessment quality and efficiency to improve teaching and learning; and 

(iii) supporting local educational agencies or consortia of local educational agencies to carry out efforts 

to streamline local assessment systems and implement 

a regular process of review and evaluation of assessment use in local educational agencies. 

(4) LOCAL ASSESSMENT DESCRIPTION.—An audit of local assessments conducted in accordance with paragraph (1)(B)(i) 

shall include the same information described in paragraph (3) 

that is required of a State audit, except that such information 

shall be included as applicable to the local educational agency 

and the local assessments. 

(f) SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES.— 

(1) IN GENERAL.—Each State shall reserve not less than 20 

percent of the grant funds awarded to the State under this section to make subgrants to local educational agencies in the 

State or consortia of such local educational agencies, based on 

demonstrated need in the agency’s or consortium’s application, 

to enable such agencies or consortia to improve assessment 

quality and use, and alignment, including, if applicable, alignment to the challenging State academic standards. 


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(2) LOCAL EDUCATIONAL AGENCY APPLICATION.—Each local 

educational agency, or consortium of local educational agencies, 

seeking a subgrant under this subsection shall submit an application to the State at such time, in such manner, and containing such other information as determined necessary by the 

State. The application shall include a description of the agency’s or consortium’s needs relating to the improvement of assessment quality, use, and alignment. 

(3) USE OF FUNDS.—A subgrant awarded under this subsection to a local educational agency or consortium of such 

agencies may be used to— 

(A) conduct an audit of local assessments under subsection (e)(1)(B)(i); 

(B) carry out the plan described in subsection (e)(3)(D) 

as it pertains to such agency or consortium; 

(C) improve assessment delivery systems and schedules, including by increasing access to technology and assessment proctors, where appropriate; 

(D) hire instructional coaches, or promote teachers 

who may receive increased compensation to serve as instructional coaches, to support teachers in the development of classroom-based assessments, interpreting assessment data, and designing instruction; 

(E) provide for appropriate accommodations to maximize inclusion of children with disabilities and English 

learners participating in assessments; and 

(F) improve the capacity of teachers, principals, and 

other school leaders to disseminate assessment data in an 

accessible and understandable format for parents and families, including for children with disabilities and English 

learners. 

(g) DEFINITIONS.—In this section: 

(1) LOCAL ASSESSMENT.—The term ‘‘local assessment’’ 

means an academic assessment selected and carried out by a 

local educational agency that is separate from an assessment 

required under section 1111(b)(2). 

(2) STATE.—The term ‘‘State’’ means each of the 50 States, 

the District of Columbia, and the Commonwealth of Puerto 

Rico. 

SEC. 1203. ø20 U.S.C. 6363¿ ALLOTMENT OF APPROPRIATED FUNDS. 

(a) AMOUNTS EQUAL TO OR LESS THAN TRIGGER AMOUNT.— From amounts made available for each fiscal year under subsection 

1002(b) that are equal to or less than the amount described in section 1111(b)(2)(I), the Secretary shall— 

(1) reserve one-half of 1 percent for the Bureau of Indian 

Education; 

(2) reserve one-half of 1 percent for the outlying areas; 

(3) reserve not more than 20 percent to carry out section 

1202; and 

(4) from the remainder, carry out section 1201 by allocating to each State an amount equal to— 

(A) $3,000,000, except for a fiscal year for which the 

amounts available are insufficient to allocate such amount 


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to each State, the Secretary shall ratably reduce such 

amount for each State; and 

(B) with respect to any amounts remaining after the 

allocation under subparagraph (A), an amount that bears 

the same relationship to such total remaining amounts as 

the number of students aged 5 through 17 in the State (as 

determined by the Secretary on the basis of the most recent satisfactory data) bears to the total number of such 

students in all States. 

(b) AMOUNTS ABOVE TRIGGER AMOUNT.—For any fiscal year for 

which the amount made available for a fiscal year under subsection 

1002(b) exceeds the amount described in section 1111(b)(2)(I), the 

Secretary shall make such excess amount available as follows: 

(1) COMPETITIVE GRANTS.— (A) IN GENERAL.—The Secretary shall first use such 

funds to award grants, on a competitive basis, to State 

educational agencies or consortia of State educational 

agencies that have submitted applications described in 

subparagraph (B) to enable such States to carry out the activities described in subparagraphs (C), (H), (I), (J), (K), 

and (L) of section 1201(a)(2). 

(B) APPLICATIONS.—A State, or a consortium of States, 

that desires a competitive grant under subparagraph (A) 

shall submit an application to the Secretary at such time 

and in such manner as the Secretary may reasonably require. The application shall demonstrate that the requirements of this section will be met for the uses of funds described under subparagraph (A). 

(C) AMOUNT OF COMPETITIVE GRANTS.—In determining 

the amount of a grant under subparagraph (A), the Secretary shall ensure that a State or consortium’s grant, as 

the case may be, shall include an amount that bears the 

same relationship to the total funds available to carry out 

this subsection for the fiscal year as the number of students aged 5 through 17 in the State, or, in the case of a 

consortium, in each State that comprises the consortium, 

(as determined by the Secretary on the basis of the most 

recent satisfactory data) bears to the total number of such 

students in all States. 

(2) ALLOTMENTS.—Any amounts remaining after the Secretary awards funds under paragraph (1) shall be allotted to 

each State, or consortium of States, that did not receive a 

grant under such paragraph, in an amount that bears the 

same relationship to the remaining amounts as the number of 

students aged 5 through 17 in the State, or, in the case of a 

consortium, in the States of the consortium, (as determined by 

the Secretary on the basis of the most recent satisfactory data) 

bears to the total number of such students in all States. 

(c) STATE DEFINED.—In this part, the term ‘‘State’’ means each 

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

of Puerto Rico. 

(d) PROHIBITION.—In making funds available to States under 

this part, the Secretary shall comply with the prohibitions described in section 8529. 


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SEC. 1204. ø20 U.S.C. 6364¿ INNOVATIVE ASSESSMENT AND ACCOUNTABILITY DEMONSTRATION AUTHORITY. 

(a) INNOVATIVE ASSESSMENT SYSTEM DEFINED.—The term ‘‘innovative assessment system’’ means a system of assessments that 

may include— 

(1) competency-based assessments, instructionally embedded assessments, interim assessments, cumulative year-end assessments, or performance-based assessments that combine 

into an annual summative determination for a student, which 

may be administered through computer adaptive assessments; 

and 

(2) assessments that validate when students are ready to 

demonstrate mastery or proficiency and allow for differentiated 

student support based on individual learning needs. 

(b) DEMONSTRATION AUTHORITY.— 

(1) IN GENERAL.—The Secretary may provide a State educational agency, or a consortium of State educational agencies, 

in accordance with paragraph (3), with the authority to establish an innovative assessment system (referred to in this section as ‘‘demonstration authority’’). 

(2) DEMONSTRATION PERIOD.—In accordance with the requirements described in subsection (e), each State educational 

agency, or consortium of State educational agencies, that submits an application under this section shall propose in its application the period of time over which the State educational 

agency or consortium desires to exercise the demonstration authority, except that such period shall not exceed 5 years. 

(3) INITIAL DEMONSTRATION AUTHORITY AND EXPANSION.— 

During the first 3 years that the Secretary provides State educational agencies and consortia with demonstration authority 

(referred to in this section as the ‘‘initial demonstration period’’) the Secretary shall provide such demonstration authority 

to— 

(A) a total number of not more than 7 participating 

State educational agencies, including those participating in 

consortia, that have applications approved under subsection (e); and 

(B) consortia that include not more than 4 State educational agencies. 

(c) PROGRESS REPORT.— 

(1) IN GENERAL.—Not later than 180 days after the end of 

the initial demonstration period, and prior to providing additional State educational agencies with demonstration authority, the Director of the Institute of Education Sciences, in consultation with the Secretary, shall publish a report detailing 

the initial progress of innovative assessment systems carried 

out through demonstration authority under this section. 

(2) CRITERIA.—The progress report under paragraph (1) 

shall be based on the annual information submitted by participating States described in subsection (e)(2)(B)(ix) and examine 

the extent to which— 

(A) with respect to each innovative assessment system— 


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(i) the State educational agency has solicited feedback from teachers, principals, other school leaders, 

and parents about their satisfaction with the innovative assessment system; 

(ii) teachers, principals, and other school leaders 

have demonstrated a commitment and capacity to implement or continue to implement the innovative assessment system; and 

(iii) substantial evidence exists demonstrating 

that the innovative assessment system has been developed in accordance with the requirements of subsection (e); and 

(B) each State with demonstration authority has demonstrated that— 

(i) the same innovative assessment system was 

used to measure the achievement of all students that 

participated in the innovative assessment system; and 

(ii) of the total number of all students, and the 

total number of each of the subgroups of students defined in section 1111(c)(2), eligible to participate in the 

innovative assessment system in a given year, the 

State assessed in that year an equal or greater percentage of such eligible students, as measured under 

section 1111(c)(4)(E), as were assessed in the State in 

such year using the assessment system under section 

1111(b)(2). 

(3) USE OF REPORT.—Upon completion of the progress report, the Secretary shall provide a response to the findings of 

the progress report, including a description of how the findings 

of the report will be used— 

(A) to support State educational agencies with demonstration authority through technical assistance; and 

(B) to inform the peer-review process described in subsection (f) for advising the Secretary on the awarding of 

the demonstration authority to the additional State educational agencies described in subsection (d). 

(4) PUBLICLY AVAILABLE.—The Secretary shall make the 

progress report under this subsection and the response described in paragraph (3) publicly available on the website of 

the Department. 

(5) PROHIBITION.—The Secretary shall not require States 

that have demonstration authority to submit any information 

for the purposes of the progress report that is in addition to 

the information the State is already required to provide under 

subsection (e)(2)(B)(x). 

(d) EXPANSION OF THE DEMONSTRATION AUTHORITY.—Upon 

completion and publication of the report described in subsection (c), 

the Secretary may grant demonstration authority to additional 

State educational agencies or consortia that submit an application 

under subsection (e). Such State educational agencies or consortia 

of State educational agencies shall be subject to all of the same 

terms, conditions, and requirements of this section. 

(e) APPLICATION.— 


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(1) IN GENERAL.—A State educational agency, or consortium of State educational agencies, that desires to participate 

in the program of demonstration authority under this section 

shall submit an application to the Secretary at such time and 

in such manner as the Secretary may reasonably require. 

(2) CONTENTS.—Such application shall include a description of the innovative assessment system, the experience the 

applicant has in implementing any components of the innovative assessment system, and the timeline over which the State 

or consortium proposes to exercise the demonstration authority. In addition, the application shall include each of the following: 

(A) A demonstration that the innovative assessment 

system will— 

(i) meet all the requirements of section 

1111(b)(2)(B), except the requirements of clauses (i) 

and (v) of such section; 

(ii) be aligned to the challenging State academic 

standards and address the depth and breadth of such 

standards; 

(iii) express student results or student competencies in terms consistent with the State’s aligned 

academic achievement standards under section 

1111(b)(1); 

(iv) generate results that are valid and reliable, 

and comparable, for all students and for each subgroup of students described in section 

1111(b)(2)(B)(xi), as compared to the results for such 

students on the State assessments under section 

1111(b)(2); 

(v) be developed in collaboration with— 

(I) stakeholders representing the interests of 

children with disabilities, English learners, and 

other vulnerable children; 

(II) teachers, principals, and other school 

leaders; 

(III) local educational agencies; 

(IV) parents; and 

(V) civil rights organizations in the State; 

(vi) be accessible to all students, such as by incorporating the principles of universal design for learning; 

(vii) provide teachers, principals, other school 

leaders, students, and parents with timely data, 

disaggregated by each subgroup of students described 

in section 1111(b)(2)(B)(xi), to inform and improve instructional practice and student supports; 

(viii) identify which students are not making 

progress toward the challenging State academic standards so that teachers can provide instructional support 

and targeted interventions to all students; 

(ix) annually measure the progress of not less 

than the same percentage of all students and students 

in each of the subgroups of students, as defined in secVerDate Nov 24 2008 11:50 Feb 05, 2016 Jkt 000000 PO 00000 Frm 00117 Fmt 9001 Sfmt 6601 F:\COMP\EDII\EASEAO1.BEL HOLCPC

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tion 1111(c)(2), who are enrolled in schools that are 

participating in the innovative assessment system and 

are required to take such assessments, as measured 

under section 1111(c)(4)(E), as were assessed by 

schools administering the assessment under section 

1111(b)(2); 

(x) generate an annual, summative achievement 

determination, based on the aligned State academic 

achievement standards under section 1111(b)(1) and 

based on annual data, for each individual student; and 

(xi) allow the State educational agency to validly 

and reliably aggregate data from the innovative assessment system for purposes of— 

(I) accountability, consistent with the requirements of section 1111(c); and 

(II) reporting, consistent with the requirements of section 1111(h). 

(B) A description of how the State educational agency 

will— 

(i) continue use of the statewide academic assessments required under section 1111(b)(2) if such assessments will be used for accountability purposes for the 

duration of the demonstration authority period; 

(ii) identify the distinct purposes for each assessment that is part of the innovative assessment system; 

(iii) provide support and training to local educational agency and school staff to implement the innovative assessment system described in this subsection; 

(iv) inform parents of students in participating 

local educational agencies about the innovative assessment system at the beginning of each school year during which the innovative assessment system will be 

implemented; 

(v) engage and support teachers in developing and 

scoring assessments that are part of the innovative assessment system, including through the use of highquality professional development, standardized and 

calibrated scoring rubrics, and other strategies, consistent with relevant nationally recognized professional and technical standards, to ensure inter-rater 

reliability and comparability; 

(vi) acclimate students to the innovative assessment system; 

(vii) ensure that students with the most significant cognitive disabilities may be assessed with alternate assessments consistent with section 

1111(b)(2)(D); 

(viii) if the State is proposing to administer the innovative assessment system initially in a subset of 

local educational agencies, scale up the innovative assessment system to administer such system statewide, 

or with additional local educational agencies, in the 

State’s proposed demonstration authority period; 


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(ix) gather data, solicit regular feedback from 

teachers, principals, other school leaders, and parents, 

and assess the results of each year of the program of 

demonstration authority under this section, and respond by making needed changes to the innovative assessment system; and 

(x) report data from the innovative assessment 

system annually to the Secretary, including— 

(I) demographics of participating local educational agencies, if such system is not statewide, 

and additional local educational agencies if added 

to the system during the course of the State’s 

demonstration authority period or 2-year extension, except that such data shall not reveal any 

personally identifiable information, including a description of how the inclusion of additional local 

educational agencies contributes to progress toward achieving high-quality and consistent implementation across demographically diverse local 

educational agencies throughout the demonstration authority period; 

(II) the performance of all participating students, and for each subgroup of students defined 

in section 1111(c)(2), on the innovative assessment, consistent with the requirements in section 

1111(h), except that such data shall not reveal 

any personally identifiable information; 

(III) feedback from teachers, principals, other 

school leaders, and parents about their satisfaction with the innovative assessment system; and 

(IV) if such system is not statewide, a description of the State’s progress in scaling up the innovative assessment system to additional local educational agencies during the State’s demonstration 

authority period, as described in clause (viii). 

(C) A description of the State educational agency’s 

plan to— 

(i) ensure that all students and each of the subgroups of students defined in section 1111(c)(2) participating in the innovative assessment system receive 

the instructional support needed to meet State aligned 

academic achievement standards; 

(ii) ensure that each local educational agency has 

the technological infrastructure to implement the innovative assessment system; and 

(iii) hold all schools in the local educational agencies participating in the program of demonstration authority accountable for meeting the State’s expectations for student achievement. 

(D) If the innovative assessment system will initially 

be administered in a subset of local educational agencies— 

(i) a description of the local educational agencies 

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ing any additional local educational agencies to participate during the demonstration authority period; 

(ii) assurances from such local educational agencies that such agencies will comply with the requirements of this subsection; 

(iii) a description of how the State will— 

(I) ensure that the inclusion of additional 

local educational agencies contributes to progress 

toward achieving high-quality and consistent implementation across demographically diverse local 

educational agencies during the demonstration authority period; and 

(II) ensure that the participating local educational agencies, as a group, will be demographically similar to the State as a whole by the end 

of the State’s demonstration authority period; and 

(iv) a description of the State educational agency’s 

plan to hold all students and each of the subgroups of 

students, as defined in section 1111(c)(2), to the same 

high standard as other students in the State. 

(f) PEER REVIEW.—The Secretary shall— 

(1) implement a peer-review process to inform— 

(A) the awarding of demonstration authority under 

this section and the approval to operate an innovative assessment system for the purposes of subsections (b)(2) and 

(c) of section 1111, as described in subsection (h); and 

(B) determinations about whether an innovative assessment system— 

(i) is comparable to the State assessments under 

section 1111(b)(2)(B)(v), valid, reliable, of high technical quality, and consistent with relevant, nationally 

recognized professional and technical standards; and 

(ii) provides an unbiased, rational, and consistent 

determination of progress toward the goals described 

under section 1111(c)(4)(A)(i) for all students; 

(2) ensure that the peer-review team consists of practitioners and experts who are knowledgeable about the innovative assessment system being proposed for all participating 

students, including— 

(A) individuals with past experience developing systems of assessment innovation that support all students, 

including English learners, children with disabilities, and 

disadvantaged students; and 

(B) individuals with experience implementing innovative assessment and accountability systems; 

(3) make publicly available the applications submitted 

under subsection (c) and the peer-review comments and recommendations regarding such applications; 

(4) make a determination and inform the State regarding 

approval or disapproval of the application under subsection (c) 

not later than 90 days after receipt of the complete application; 

(5) if the Secretary disapproves an application under paragraph (4), offer the State an opportunity to— 


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(A) revise and resubmit such application within 60 

days of the disapproval determination; and 

(B) submit additional evidence that the State’s application meets the requirements of subsection (c); and 

(6) make a determination regarding application approval 

or disapproval of a resubmitted application under paragraph 

(5) not later than 45 days after receipt of the resubmitted application. 

(g) EXTENSION.—The Secretary may extend an authorization of 

demonstration authority under this section for an additional 2 

years if the State educational agency demonstrates with evidence 

that the State educational agency’s innovative assessment system 

is continuing to meet the requirements of subsection (c), including 

by demonstrating a plan for, and the capacity to, transition to 

statewide use of the innovative assessment system by the end of 

the 2-year extension period. 

(h) USE OF INNOVATIVE ASSESSMENT SYSTEM.—A State may, 

during the State’s approved demonstration authority period or 2- 

year extension, include results from the innovative assessment systems developed under this section in accountability determinations 

for each student in the participating local educational agencies instead of, or in addition to, results from the assessment system 

under section 1111(b)(2) if the State demonstrates that the State 

has met the requirements under subsection (c). The State shall continue to meet all other requirements of section 1111(c). 

(i) WITHDRAWAL OF AUTHORITY.—The Secretary shall withdraw 

the authorization for demonstration authority provided to a State 

educational agency under this section and such State shall return 

to use of the statewide assessment system under section 1111(b)(2) 

for all local educational agencies in the State if, at any time during 

a State’s approved demonstration authority period or 2-year extension, the State educational agency cannot present to the Secretary 

evidence that the innovative assessment system developed under 

this section— 

(1) meets the requirements under subsection (c); 

(2) includes all students attending schools participating in 

the innovative assessment system in a State that has demonstration authority, including each of the subgroups of students, as defined under section 1111(c)(2); 

(3) provides an unbiased, rational, and consistent determination of progress toward the goals described under section 

1111(c)(4)(A)(i) for all students, which are comparable to measures of academic achievement under section 1111(c)(4)(B)(i) 

across the State in which the local educational agencies are located; 

(4) presents a high-quality plan to transition to full statewide use of the innovative assessment system by the end of the 

State’s approved demonstration authority period or 2-year extension, if the innovative assessment system will initially be 

administered in a subset of local educational agencies; and 

(5) demonstrates comparability to the statewide assessments under section 1111(b)(2) in content coverage, difficulty, 

and quality. 

(j) TRANSITION.— 


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(1) IN GENERAL.— (A) OPERATION OF INNOVATIVE ASSESSMENT SYSTEM.— If, after a State’s approved demonstration authority period 

or 2-year extension, the State educational agency has met 

all the requirements of this section, including having 

scaled the innovative assessment system up to statewide 

use, and demonstrated that such system is of high quality, 

as described in subparagraph (B), the State shall be permitted to operate the innovative assessment system approved under the program of demonstration authority 

under this section for the purposes of subsections (b)(2) 

and (c) of section 1111. 

(B) HIGH QUALITY.—Such system shall be considered 

of high quality if the Secretary, through the peer-review 

process described in section 1111(a)(4), determines that— 

(i) the innovative assessment system meets all of 

the requirements of this section; 

(ii) the State has examined the effects of the system on other measures of student success, including 

indicators in the accountability system under section 

1111(c)(4)(B); 

(iii) the innovative assessment system provides coherent and timely information about student achievement based on the challenging State academic standards, including objective measurement of academic 

achievement, knowledge, and skills that are valid, reliable, and consistent with relevant, nationally-recognized professional and technical standards; 

(iv) the State has solicited feedback from teachers, 

principals, other school leaders, and parents about 

their satisfaction with the innovative assessment system; and 

(v) the State has demonstrated that the same innovative assessment system was used to measure— 

(I) the achievement of all students that participated in such innovative assessment system; 

and 

(II) not less than the percentage of such students overall and in each of the subgroups of students, as defined in section 1111(c)(2), as measured under section 1111(c)(4)(E), as were assessed 

under the assessment required by section 

1111(b)(2). 

(2) BASELINE.—For the purposes of the evaluation described in paragraph (1), the baseline year shall be considered 

the first year that each local educational agency in the State 

used the innovative assessment system. 

(3) WAIVER AUTHORITY.—A State may request, and the 

Secretary shall review such request and may grant, a delay of 

the withdrawal of authority under subsection (i) for the purpose of providing the State with the time necessary to implement the innovative assessment system statewide, if, at the 

conclusion of the State’s approved demonstration authority period and 2-year extension— 


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(A) the State has met all of the requirements of this 

section, except transition to full statewide use of the innovative assessment system; and 

(B) the State continues to comply with the other requirements of this section, and demonstrates a high-quality plan for transition to statewide use of the innovative 

assessment system in a reasonable period of time. 

(k) AVAILABLE FUNDS.—A State may use funds available under 

section 1201 to carry out this section. 

(l) CONSORTIUM.—A consortium of States may apply to participate in the program of demonstration authority under this section, 

and the Secretary may provide each State member of such consortium with such authority if each such State member meets all of 

the requirements of this section. Such consortium shall be subject 

to the limitation described in subsection (b)(3)(B) during the initial 

3 years of the demonstration authority. 

(m) DISSEMINATION OF BEST PRACTICES.— 

(1) IN GENERAL.—Following the publication of the progress 

report described in subsection (c), the Director of the Institute 

of Education Sciences, in consultation with the Secretary, shall 

collect and disseminate the best practices on the development 

and implementation of innovative assessment systems that 

meet the requirements of this section, including best practices 

regarding the development of— 

(A) summative assessments that— 

(i) meet the requirements of section 1111(b)(2)(B); 

(ii) are comparable with statewide assessments 

under section 1111(b)(2); and 

(iii) include assessment tasks that determine proficiency or mastery of State-approved competencies 

aligned to challenging State academic standards; 

(B) effective supports for local educational agencies 

and school staff to implement innovative assessment systems; 

(C) effective engagement and support of teachers in 

developing and scoring assessments and the use of highquality professional development; 

(D) effective supports for all students, particularly 

each of the subgroups of students, as defined in section 

1111(c)(2), participating in the innovative assessment system; and 

(E) standardized and calibrated scoring rubrics, and 

other strategies, to ensure inter-rater reliability and comparability of determinations of mastery or proficiency 

across local educational agencies and the State. 

(2) PUBLICATION.—The Secretary shall make the information described in paragraph (1) available on the website of the 

Department and shall publish an update to the information not 

less often than once every 3 years. 


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PART C—EDUCATION OF MIGRATORY 

CHILDREN 

SEC. 1301. ø20 U.S.C. 6391¿ PROGRAM PURPOSES. 

The purposes of this part are as follows: 

(1) To assist States in supporting high-quality and comprehensive educational programs and services during the 

school year and, as applicable, during summer or intersession 

periods, that address the unique educational needs of migratory children. 

(2) To ensure that migratory children who move among the 

States are not penalized in any manner by disparities among 

the States in curriculum, graduation requirements, and challenging State academic standards. 

(3) To ensure that migratory children receive full and appropriate opportunities to meet the same challenging State 

academic standards that all children are expected to meet. 

(4) To help migratory children overcome educational disruption, cultural and language barriers, social isolation, various health-related problems, and other factors that inhibit the 

ability of such children to succeed in school. 

(5) To help migratory children benefit from State and local 

systemic reforms. 

SEC. 1302. ø20 U.S.C. 6392¿ PROGRAM AUTHORIZED. 

In order to carry out the purpose of this part, the Secretary 

shall make grants to State educational agencies, or combinations of 

such agencies, to establish or improve, directly or through local operating agencies, programs of education for migratory children in 

accordance with this part. 

SEC. 1303. ø20 U.S.C. 6393¿ STATE ALLOCATIONS. 

(a) STATE ALLOCATIONS.—Except as provided in subsection (c), 

each State (other than the Commonwealth of Puerto Rico) is entitled to receive under this part an amount equal to the product of— 

(1) the sum of— 

(A) the average number of identified eligible migratory 

children aged 3 through 21 residing in the State, based on 

data for the preceding 3 years; and 

(B) the number of identified eligible migratory children, aged 3 through 21, who received services under this 

part in summer or intersession programs provided by the 

State during the previous year; multiplied by 

(2) 40 percent of the average per-pupil expenditure in the 

State, except that the amount determined under this paragraph shall not be less than 32 percent, nor more than 48 percent, of the average per-pupil expenditure in the United States. 

(b) HOLD HARMLESS.—Notwithstanding subsection (a), for each 

of fiscal years 2017 through 2019, no State shall receive less than 

90 percent of the State’s allocation under this section for the preceding fiscal year. 

(c) ALLOCATION TO PUERTO RICO.— (1) IN GENERAL.—For each fiscal year, the grant that the 

Commonwealth of Puerto Rico shall be eligible to receive under 

this part shall be the amount determined by multiplying the 


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number of children who would be counted under subsection 

(a)(1) if such subsection applied to the Commonwealth of Puerto Rico by the product of— 

(A) the percentage that the average per-pupil expenditure in the Commonwealth of Puerto Rico is of the lowest 

average per-pupil expenditure of any of the 50 States, subject to paragraphs (2) and (3); and 

(B) 32 percent of the average per-pupil expenditure in 

the United States. 

(2) MINIMUM PERCENTAGE.—The percentage described in 

paragraph (1)(A) shall not be less than 85 percent. 

(3) LIMITATION.—If the application of paragraph (2) for any 

fiscal year would result in any of the 50 States or the District 

of Columbia receiving less under this part than it received 

under this part for the preceding fiscal year, then the percentage described in paragraph (1)(A) that is used for the Commonwealth of Puerto Rico for the fiscal year for which the determination is made shall be the greater of the percentage in 

paragraph (1)(A) for such fiscal year or the percentage used for 

the preceding fiscal year. 

(d) RATABLE REDUCTIONS; REALLOCATIONS.— 

(1) IN GENERAL.— 

(A) RATABLE REDUCTIONS.—If, after the Secretary reserves funds under section 1308(c), the amount appropriated to carry out this part for any fiscal year is insufficient to pay in full the amounts for which all States are 

eligible, the Secretary shall ratably reduce each such 

amount. 

(B) REALLOCATION.—If additional funds become available for making such payments for any fiscal year, the Secretary shall allocate such funds to States in amounts that 

the Secretary determines will best carry out the purposes 

of this part. 

(2) SPECIAL RULE.— 

(A) FURTHER REDUCTIONS.—The Secretary shall further reduce the amount of any grant to a State under this 

part for any fiscal year if the Secretary determines, based 

on available information on the numbers and needs of migratory children in the State and the program proposed by 

the State to address such needs, that such amount exceeds 

the amount required under section 1304. 

(B) REALLOCATION.—The Secretary shall reallocate 

such excess funds to other States whose grants under this 

part would otherwise be insufficient to provide an appropriate level of services to migratory children, in such 

amounts as the Secretary determines are appropriate. 

(e) CONSORTIUM ARRANGEMENTS.— 

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

grant of $1,000,000 or less under this section, the Secretary 

shall consult with the State educational agency to determine 

whether consortium arrangements with another State or other 

appropriate entity would result in delivery of services in a 

more effective and efficient manner. 


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

such State’s allocation, may submit a consortium arrangement 

to the Secretary for approval. 

(3) APPROVAL.—The Secretary shall approve a consortium 

arrangement under paragraph (1) or (2) if the proposal demonstrates that the arrangement will— 

(A) reduce administrative costs or program function 

costs for State programs; and 

(B) make more funds available for direct services to 

add substantially to the academic achievement of children 

to be served under this part. 

(f) DETERMINING NUMBERS OF ELIGIBLE CHILDREN.—In order 

to determine the identified number of migratory children residing 

in each State for purposes of this section, the Secretary shall— 

(1) use the most recent information that most accurately 

reflects the actual number of migratory children; 

(2) develop and implement a procedure for monitoring the 

accuracy of such information; 

(3) develop and implement a procedure for more accurately 

reflecting cost factors for different types of summer and intersession program designs; 

(4) adjust the number of migratory children who reside in 

each State to take into account— 

(A) the unique needs of those children participating in 

effective special programs provided under this part that 

operate during the summer and intersession periods; and 

(B) the additional costs of operating such programs; 

and 

(5) conduct an analysis of the options for adjusting the formula so as to better direct services to migratory children, including the most at-risk migratory children. 

(g) NONPARTICIPATING STATES.—In the case of a State desiring 

to receive an allocation under this part for a fiscal year that did 

not receive an allocation for the previous fiscal year or that has 

been participating for less than 3 consecutive years, the Secretary 

shall calculate the State’s number of identified migratory children 

aged 3 through 21 for purposes of subsection (a)(1)(A) by using the 

most recent data available that identifies the migratory children 

residing in the State until data is available to calculate the 3-year 

average number of such children in accordance with such subsection. 

SEC. 1304. ø20 U.S.C. 6394¿ STATE APPLICATIONS; SERVICES. 

(a) APPLICATION REQUIRED.—Any State desiring to receive a 

grant under this part for any fiscal year shall submit an application to the Secretary at such time and in such manner as the Secretary may require. 

(b) PROGRAM INFORMATION.—Each such application shall include— 

(1) a description of how, in planning, implementing, and 

evaluating programs and projects assisted under this part, the 

State and its local operating agencies will ensure that the 

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school migratory children and migratory children who have 

dropped out of school, are identified and addressed through— 

(A) the full range of services that are available for migratory children from appropriate local, State, and Federal 

educational programs; 

(B) joint planning among local, State, and Federal 

educational programs serving migratory children, including language instruction educational programs under part 

A of title III; 

(C) the integration of services available under this 

part with services provided by those other programs; and 

(D) measurable program objectives and outcomes; 

(2) a description of the steps the State is taking to provide 

all migratory students with the opportunity to meet the same 

challenging State academic standards that all children are expected to meet; 

(3) a description of how the State will use funds received 

under this part to promote interstate and intrastate coordination of services for migratory children, including how the State 

will provide for educational continuity through the timely 

transfer of pertinent school records, including information on 

health, when children move from one school to another, whether or not such move occurs during the regular school year; 

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

funds received under this part, and how such priorities relate 

to the State’s assessment of needs for services in the State; 

(5) a description of how the State will determine the 

amount of any subgrants the State will award to local operating agencies, taking into account the numbers and needs of 

migratory children, the requirements of subsection (d), and the 

availability of funds from other Federal, State, and local programs; and 

(6) a description of how the State will encourage programs 

and projects assisted under this part to offer family literacy 

services if the program or project serves a substantial number 

of migratory children whose parents do not have a high school 

diploma or its recognized equivalent or who have low levels of 

literacy. 

(c) ASSURANCES.—Each such application shall also include assurances that— 

(1) funds received under this part will be used only— 

(A) for programs and projects, including the acquisition of equipment, in accordance with section 1306; and 

(B) to coordinate such programs and projects with 

similar programs and projects within the State and in 

other States, as well as with other Federal programs that 

can benefit migratory children and their families; 

(2) such programs and projects will be carried out in a 

manner consistent with the objectives of section 1114, subsections (b) and (d) of section 1115, subsections (b) and (c) of 

section 1118, and part F; 

(3) in the planning and operation of programs and projects 

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advisory councils, for programs not less than 1 school year in 

duration, and that all such programs and projects are carried 

out— 

(A) in a manner that provides for the same parental 

involvement as is required for programs and projects 

under section 1116, unless extraordinary circumstances 

make such provision impractical; and 

(B) in a format and language understandable to the 

parents; 

(4) in planning and carrying out such programs and 

projects, there has been, and will be, adequate provision for addressing the unmet education needs of preschool migratory 

children and migratory children who have dropped out of 

school; 

(5) the effectiveness of such programs and projects will be 

determined, where feasible, using the same approaches and 

standards that will be used to assess the performance of students, schools, and local educational agencies under part A; 

(6) such programs and projects will provide for outreach 

activities for migratory children and their families to inform 

such children and families of other education, health, nutrition, 

and social services to help connect them to such services; 

(7) to the extent feasible, such programs and projects will 

provide for— 

(A) advocacy and other outreach activities for migratory children and their families, including helping such 

children and families gain access to other education, 

health, nutrition, and social services; 

(B) professional development programs, including 

mentoring, for teachers and other program personnel; 

(C) family literacy programs; 

(D) the integration of information technology into educational and related programs; and 

(E) programs to facilitate the transition of secondary 

school students to postsecondary education or employment; 

and 

(8) the State will assist the Secretary in determining the 

number of migratory children under section 1303(a)(1). 

(d) PRIORITY FOR SERVICES.—In providing services with funds 

received under this part, each recipient of such funds shall give priority to migratory children who have made a qualifying move within the previous 1-year period and who— 

(1) are failing, or most at risk of failing, to meet the challenging State academic standards; or 

(2) have dropped out of school. 

(e) CONTINUATION OF SERVICES.—Notwithstanding any other 

provision of this part— 

(1) a child who ceases to be a migratory child during a 

school term shall be eligible for services until the end of such 

term; 

(2) a child who is no longer a migratory child may continue 

to receive services for 1 additional school year, but only if comparable services are not available through other programs; and 


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(3) students who were eligible for services in secondary 

school may continue to be served through credit accrual programs until graduation. 

SEC. 1305. ø20 U.S.C. 6395¿ SECRETARIAL APPROVAL; PEER REVIEW. 

The Secretary shall approve each State application that meets 

the requirements of this part, and may review any such application 

with the assistance and advice of State officials and other officials 

with relevant expertise. 

SEC. 1306. ø20 U.S.C. 6396¿ COMPREHENSIVE NEEDS ASSESSMENT AND 

SERVICE-DELIVERY PLAN; AUTHORIZED ACTIVITIES. 

(a) COMPREHENSIVE PLAN.— 

(1) IN GENERAL.—Each State that receives assistance 

under this part shall ensure that the State and its local operating agencies identify and address the unique educational 

needs of migratory children in accordance with a comprehensive State plan that— 

(A) is integrated with other programs under this Act 

or other Acts, as appropriate; 

(B) may be submitted as a part of a consolidated application under section 8302, if— 

(i) the unique needs of migratory children are specifically addressed in the comprehensive State plan; 

(ii) the comprehensive State plan is developed in 

collaboration with parents of migratory children; and 

(iii) the comprehensive State plan is not used to 

supplant State efforts regarding, or administrative 

funding for, this part; 

(C) provides that migratory children will have an opportunity to meet the same challenging State academic 

standards that all children are expected to meet; 

(D) specifies measurable program goals and outcomes; 

(E) encompasses the full range of services that are 

available for migratory children from appropriate local, 

State, and Federal educational programs; 

(F) is the product of joint planning among such local, 

State, and Federal programs, including programs under 

part A, early childhood programs, and language instruction educational programs under part A of title III; and 

(G) provides for the integration of services available 

under this part with services provided by such other programs. 

(2) DURATION OF THE PLAN.—Each such comprehensive 

State plan shall— 

(A) remain in effect for the duration of the State’s participation under this part; and 

(B) be periodically reviewed and revised by the State, 

as necessary, to reflect changes in the State’s strategies 

and programs under this part. 

(b) AUTHORIZED ACTIVITIES.— 

(1) FLEXIBILITY.—In implementing the comprehensive plan 

described in subsection (a), each State educational agency, 

where applicable through its local educational agencies, retains 

the flexibility to determine the activities to be provided with 


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funds made available under this part, except that such funds 

first shall be used to meet the identified needs of migratory 

children that result from their migratory lifestyle, and to permit these children to participate effectively in school. 

(2) UNADDRESSED NEEDS.—Funds provided under this part 

shall be used to address the needs of migratory children that 

are not addressed by services available from other Federal or 

non-Federal programs, except that migratory children who are 

eligible to receive services under part A may receive those 

services through funds provided under that part, or through 

funds under this part that remain after the agency addresses 

the needs described in paragraph (1). 

(3) CONSTRUCTION.—Nothing in this part shall be construed to prohibit a local educational agency from serving migratory children simultaneously with students with similar 

educational needs in the same educational settings, where appropriate. 

(4) SPECIAL RULE.—Notwithstanding section 1114, a school 

that receives funds under this part shall continue to address 

the identified needs described in paragraph (1), and shall meet 

the unique educational needs of migratory children before 

using funds under this part for schoolwide programs under section 1114. 

SEC. 1307. ø20 U.S.C. 6397¿ BYPASS. 

The Secretary may use all or part of any State’s allocation 

under this part to make arrangements with any public or private 

agency to carry out the purpose of this part in such State if the 

Secretary determines that— 

(1) the State is unable or unwilling to conduct educational 

programs for migratory children; 

(2) such arrangements would result in more efficient and 

economic administration of such programs; or 

(3) such arrangements would add substantially to the educational achievement of such children. 

SEC. 1308. ø20 U.S.C. 6398¿ COORDINATION OF MIGRANT EDUCATION 

ACTIVITIES. 

(a) IMPROVEMENT OF COORDINATION.— 

(1) IN GENERAL.—The Secretary, in consultation with the 

States, may make grants to, or enter into contracts with, State 

educational agencies, local educational agencies, institutions of 

higher education, and other public and private entities to improve the interstate and intrastate coordination among such 

agencies’ educational programs, including through the establishment or improvement of programs for credit accrual and 

exchange, available to migratory children. 

(2) DURATION.—Grants under this subsection may be 

awarded for not more than 5 years. 

(b) STUDENT RECORDS.— 

(1) ASSISTANCE.—The Secretary shall assist States in the 

electronic transfer of student records and in determining the 

number of migratory children in each State. 

(2) INFORMATION SYSTEM.— 


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(A) IN GENERAL.—The Secretary, in consultation with 

the States, shall ensure the linkage of migrant student 

record systems for the purpose of electronically exchanging, among the States, health and educational information 

regarding all migratory students eligible under this part. 

The Secretary shall ensure that such linkage occurs in a 

cost-effective manner, utilizing systems used by the States 

prior to, or developed after, the date of the enactment of 

the Every Student Succeeds Act. Such information may include— 

(i) immunization records and other health information; 

(ii) elementary and secondary academic history 

(including partial credit), credit accrual, and results 

from State assessments under section 1111(b)(2); 

(iii) other academic information essential to ensuring that migratory children achieve to the challenging 

State academic standards; and 

(iv) eligibility for services under the Individuals 

with Disabilities Education Act. 

(B) CONSULTATION.—The Secretary shall maintain ongoing consultation with the States, local educational agencies, and other migratory student service providers on— 

(i) the effectiveness of the system described in 

subparagraph (A); and 

(ii) the ongoing improvement of such system. 

(C) NOTICE AND COMMENT.—After consulting with the 

States under subparagraph (A), the Secretary shall publish 

a notice in the Federal Register seeking public comment on 

any new proposed data elements that each State receiving 

funds under this part shall be required to collect for purposes of electronic transfer of migratory student information and the requirements that States shall meet for immediate electronic access to such information. 

(3) NO COST FOR CERTAIN TRANSFERS.—A State educational 

agency or local educational agency receiving assistance under 

this part shall make student records available to another State 

educational agency or local educational agency that requests 

the records at no cost to the requesting agency, if the request 

is made in order to meet the needs of a migratory child. 

(c) AVAILABILITY OF FUNDS.—For the purpose of carrying out 

this section in any fiscal year, the Secretary shall reserve not more 

than $10,000,000 of the amount appropriated to carry out this part 

for such year. 

(d) INCENTIVE GRANTS.—From the amounts made available to 

carry out this section for any fiscal year, the Secretary may reserve 

not more than $3,000,000 to award grants of not more than 

$250,000 on a competitive basis to State educational agencies that 

propose a consortium arrangement with another State or other appropriate entity that the Secretary determines, pursuant to criteria 

that the Secretary shall establish, will improve the delivery of services to migratory children whose education is interrupted. 


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(e) DATA COLLECTION.—The Secretary shall direct the National 

Center for Education Statistics to collect data on migratory children. 

SEC. 1309. ø20 U.S.C. 6399¿ DEFINITIONS. 

As used in this part: 

(1) LOCAL OPERATING AGENCY.—The term ‘‘local operating 

agency’’ means— 

(A) a local educational agency to which a State educational agency makes a subgrant under this part; 

(B) a public or private agency with which a State educational agency or the Secretary makes an arrangement to 

carry out a project under this part; or 

(C) a State educational agency, if the State educational agency operates the State’s migrant education 

program or projects directly. 

(2) MIGRATORY AGRICULTURAL WORKER.—The term ‘‘migratory agricultural worker’’ means an individual who made a 

qualifying move in the preceding 36 months and, after doing 

so, engaged in new temporary or seasonal employment or personal subsistence in agriculture, which may be dairy work or 

the initial processing of raw agricultural products. If an individual did not engage in such new employment soon after a 

qualifying move, such individual may be considered a migratory agricultural worker if the individual actively sought such 

new employment and has a recent history of moves for temporary or seasonal agricultural employment. 

(3) MIGRATORY CHILD.—The term ‘‘migratory child’’ means 

a child or youth who made a qualifying move in the preceding 

36 months— 

(A) as a migratory agricultural worker or a migratory 

fisher; or 

(B) with, or to join, a parent or spouse who is a migratory agricultural worker or a migratory fisher. 

(4) MIGRATORY FISHER.—The term ‘‘migratory fisher’’ 

means an individual who made a qualifying move in the preceding 36 months and, after doing so, engaged in new temporary or seasonal employment or personal subsistence in fishing. If the individual did not engage in such new employment 

soon after the move, the individual may be considered a migratory fisher if the individual actively sought such new employment and has a recent history of moves for temporary or seasonal fishing employment. 

(5) QUALIFYING MOVE.—The term ‘‘qualifying move’’ means 

a move due to economic necessity— 

(A) from one residence to another residence; and 

(B) from one school district to another school district, 

except— 

(i) in the case of a State that is comprised of a single school district, wherein a qualifying move is from 

one administrative area to another within such district; or 


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(ii) in the case of a school district of more than 

15,000 square miles, wherein a qualifying move is a 

distance of 20 miles or more to a temporary residence. 

PART D—PREVENTION AND INTERVENTION 

PROGRAMS FOR CHILDREN AND YOUTH 

WHO ARE NEGLECTED, DELINQUENT, OR ATRISK 

SEC. 1401. ø20 U.S.C. 6421¿ PURPOSE AND PROGRAM AUTHORIZATION. 

(a) PURPOSE.—It is the purpose of this part— 

(1) to improve educational services for children and youth 

in local, tribal, and State institutions for neglected or delinquent children and youth so that such children and youth have 

the opportunity to meet the same challenging State academic 

standards that all children in the State are expected to meet; 

(2) to provide such children and youth with the services 

needed to make a successful transition from institutionalization to further schooling or employment; and 

(3) to prevent at-risk youth from dropping out of school, 

and to provide dropouts, and children and youth returning 

from correctional facilities or institutions for neglected or delinquent children and youth, with a support system to ensure 

their continued education and the involvement of their families 

and communities. 

(b) PROGRAM AUTHORIZED.—In order to carry out the purpose 

of this part and from amounts appropriated under section 1002(d), 

the Secretary shall make grants to State educational agencies to 

enable such agencies to award subgrants to State agencies and 

local educational agencies to establish or improve programs of education for neglected, delinquent, or at-risk children and youth. 

SEC. 1402. ø20 U.S.C. 6422¿ PAYMENTS FOR PROGRAMS UNDER THIS 

PART. 

(a) AGENCY SUBGRANTS.—Based on the allocation amount computed under section 1412, the Secretary shall allocate to each State 

educational agency an amount necessary to make subgrants to 

State agencies under subpart 1. 

(b) LOCAL SUBGRANTS.—Each State shall retain, for the purpose of carrying out subpart 2, funds generated throughout the 

State under part A of this title based on children and youth residing in local correctional facilities, or attending community day programs for delinquent children and youth. 

Subpart 1—State Agency Programs 

SEC. 1411. ø20 U.S.C. 6431¿ ELIGIBILITY. 

A State agency is eligible for assistance under this subpart if 

such State agency is responsible for providing free public education 

for children and youth— 

(1) in institutions for neglected or delinquent children and 

youth; 


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(2) attending community day programs for neglected or delinquent children and youth; or 

(3) in adult correctional institutions. 

SEC. 1412. ø20 U.S.C. 6432¿ ALLOCATION OF FUNDS. 

(a) SUBGRANTS TO STATE AGENCIES.— 

(1) IN GENERAL.—Each State agency described in section 

1411 (other than an agency in the Commonwealth of Puerto 

Rico) is eligible to receive a subgrant under this subpart, for 

each fiscal year, in an amount equal to the product of— 

(A) the number of neglected or delinquent children 

and youth described in section 1411 who— 

(i) are enrolled for at least 15 hours per week in 

education programs in adult correctional institutions; 

and 

(ii) are enrolled for at least 20 hours per week— 

(I) in education programs in institutions for 

neglected or delinquent children and youth; or 

(II) in community day programs for neglected 

or delinquent children and youth; and 

(B) 40 percent of the average per-pupil expenditure in 

the State, except that the amount determined under this 

subparagraph shall not be less than 32 percent, nor more 

than 48 percent, of the average per-pupil expenditure in 

the United States. 

(2) SPECIAL RULE.—The number of neglected or delinquent 

children and youth determined under paragraph (1) shall— 

(A) be determined by the State agency by a deadline 

set by the Secretary, except that no State agency shall be 

required to determine the number of such children and 

youth on a specific date set by the Secretary; and 

(B) be adjusted, as the Secretary determines is appropriate, to reflect the relative length of such agency’s annual programs. 

(b) SUBGRANTS TO STATE AGENCIES IN PUERTO RICO.— 

(1) IN GENERAL.—For each fiscal year, the amount of the 

subgrant which a State agency in the Commonwealth of Puerto 

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

amount determined by multiplying the number of children 

counted under subsection (a)(1)(A) for the Commonwealth of 

Puerto Rico by the product of— 

(A) the percentage which the average per-pupil expenditure in the Commonwealth of Puerto Rico is of the 

lowest average per-pupil expenditure of any of the 50 

States; and 

(B) 32 percent of the average per-pupil expenditure in 

the United States. 

(2) MINIMUM PERCENTAGE.—The percentage in paragraph 

(1)(A) shall not be less than 85 percent. 

(3) LIMITATION.—If the application of paragraph (2) would 

result in any of the 50 States or the District of Columbia receiving less under this subpart than it received under this subpart for the preceding fiscal year, then the percentage described in paragraph (1)(A) that is used for the Commonwealth 


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of Puerto Rico for the fiscal year for which the determination 

is made shall be the greater of— 

(A) the percentage in paragraph (1)(A) for such fiscal 

year; or 

(B) the percentage used for the preceding fiscal year. 

(c) RATABLE REDUCTIONS IN CASE OF INSUFFICIENT APPROPRIATIONS.—If the amount appropriated for any fiscal year for subgrants under subsections (a) and (b) is insufficient to pay the full 

amount for which all State agencies are eligible under such subsections, the Secretary shall ratably reduce each such amount. 

SEC. 1413. ø20 U.S.C. 6433¿ STATE REALLOCATION OF FUNDS. 

If a State educational agency determines that a State agency 

does not need the full amount of the subgrant for which such State 

agency is eligible under this subpart for any fiscal year, the State 

educational agency may reallocate the amount that will not be 

needed to other eligible State agencies that need additional funds 

to carry out the purpose of this part, in such amounts as the State 

educational agency shall determine. 

SEC. 1414. ø20 U.S.C. 6434¿ STATE PLAN AND STATE AGENCY APPLICATIONS. 

(a) STATE PLAN.— 

(1) IN GENERAL.—Each State educational agency that desires to receive a grant under this subpart shall submit, for approval by the Secretary, a plan— 

(A) for meeting the educational needs of neglected, delinquent, and at-risk children and youth; 

(B) for assisting in the transition of children and youth 

between correctional facilities and locally operated programs; and 

(C) that is integrated with other programs under this 

Act or other Acts, as appropriate. 

(2) CONTENTS.—Each such State plan shall— 

(A) describe the program objectives and outcomes established by the State that will be used to assess the effectiveness of the program in improving the academic, career, 

and technical skills of children in the program; 

(B) provide that, to the extent feasible, such children 

will have the same opportunities to achieve as such children would have if such children were in the schools of 

local educational agencies in the State; 

(C) describe how the State will place a priority for 

such children to attain a regular high school diploma, to 

the extent feasible; 

(D) contain an assurance that the State educational 

agency will— 

(i) ensure that programs assisted under this subpart will be carried out in accordance with the State 

plan described in this subsection; and 

(ii) ensure that the State agencies receiving subgrants under this subpart comply with all applicable 

statutory and regulatory requirements; and 

(E) provide assurances that the State educational 

agency has established— 


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(i) procedures to ensure the timely re-enrollment 

of each student who has been placed in the juvenile 

justice system in secondary school or in a re-entry program that best meets the needs of the student, including the transfer of credits that such student earns during placement; and 

(ii) opportunities for such students to participate 

in credit-bearing coursework while in secondary 

school, postsecondary education, or career and technical education programming. 

(3) DURATION OF THE PLAN.—Each such State plan shall— 

(A) remain in effect for the duration of the State’s participation under this part; and 

(B) be periodically reviewed and revised by the State, 

as necessary, to reflect changes in the State’s strategies 

and programs under this part. 

(b) SECRETARIAL APPROVAL AND PEER REVIEW.— 

(1) SECRETARIAL APPROVAL.—The Secretary shall approve 

each State plan that meets the requirements of this subpart. 

(2) PEER REVIEW.—The Secretary may review any State 

plan with the assistance and advice of individuals with relevant expertise. 

(c) STATE AGENCY APPLICATIONS.—Any State agency that desires to receive funds to carry out a program under this subpart 

shall submit an application to the State educational agency that— 

(1) describes the procedures to be used, consistent with the 

State plan under section 1111, to assess the educational needs 

of the children to be served under this subpart and, to the extent practicable, provide for such assessment upon entry into 

a correctional facility; 

(2) provide an assurance that in making services available 

to children and youth in adult correctional institutions, priority 

will be given to such children and youth who are likely to complete incarceration within a 2-year period; 

(3) describes the program, including a budget for the first 

year of the program, with annual updates to be provided to the 

State educational agency; 

(4) describes how the program will meet the goals and objectives of the State plan; 

(5) describes how the State agency will consult with experts and provide the necessary training for appropriate staff, 

to ensure that the planning and operation of institution-wide 

projects under section 1416 are of high quality; 

(6) describes how the State agency will use the results of 

the most recent evaluation under section 8601 will be used to 

plan and improve the program; 

(7) includes data showing that the State agency has maintained the fiscal effort required of a local educational agency, 

in accordance with section 8521; 

(8) describes how the programs will be coordinated with 

other appropriate State and Federal programs, such as programs under title I of the Workforce Innovation and Opportunity Act, career and technical education programs, State and 


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local dropout prevention programs, and special education programs; 

(9) describes how the State agency will encourage correctional facilities receiving funds under this subpart to coordinate with local educational agencies or alternative education 

programs attended by incarcerated children and youth prior to 

and after their incarceration to ensure that student assessments and appropriate academic records are shared jointly between the correctional facility and the local educational agency 

or alternative education program in order to facilitate the transition of such children and youth between the correctional facility and the local educational agency or alternative education 

program; 

(10) describes how appropriate professional development 

will be provided to teachers and other staff; 

(11) designates an individual in each affected correctional 

facility or institution for neglected or delinquent children and 

youth to be responsible for issues relating to the transition of 

such children and youth between such facility or institution 

and locally operated programs; 

(12) describes how the State agency will endeavor to coordinate with businesses for training and mentoring for participating children and youth; 

(13) provides an assurance that the State agency will assist in locating alternative programs through which students 

can continue their education if the students are not returning 

to school after leaving the correctional facility or institution for 

neglected or delinquent children and youth; 

(14) provides assurances that the State agency will work 

with parents to secure parents’ assistance in improving the 

educational achievement of their children and youth, and preventing their children’s and youth’s further involvement in delinquent activities; 

(15) provides an assurance that the State agency will work 

with children and youth with disabilities in order to meet an 

existing individualized education program and an assurance 

that the agency will notify the child’s or youth’s local school if 

the child or youth— 

(A) is identified as in need of special education services while the child or youth is in the correctional facility 

or institution for neglected or delinquent children and 

youth; and 

(B) intends to return to the local school; 

(16) provides an assurance that the State agency will work 

with children and youth who dropped out of school before entering the correctional facility or institution for neglected or delinquent children and youth to encourage the children and 

youth to reenter school and attain a regular high school diploma once the term of the incarceration is completed or provide the child or youth with the skills necessary to gain employment, continue the education of the child or youth, or attain a regular high school diploma or its recognized equivalent 

if the child or youth does not intend to return to school; 


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(17) provides an assurance that certified or licensed teachers and other qualified staff are trained to work with children 

and youth with disabilities and other students with special 

needs taking into consideration the unique needs of such students; 

(18) describes any additional services to be provided to 

children and youth, such as career counseling, distance learning, and assistance in securing student loans and grants; 

(19) provides an assurance that the program under this 

subpart will be coordinated with any programs operated under 

the Juvenile Justice and Delinquency Prevention Act of 1974 

(42 U.S.C. 5601 et seq.) or other comparable programs, if applicable; and 

(20) describes how the State agency will, to the extent feasible— 

(A) note when a youth has come into contact with both 

the child welfare and juvenile justice systems; and 

(B) deliver services and interventions designed to keep 

such youth in school that are evidence-based (to the extent 

a State determines that such evidence is reasonably available). 

SEC. 1415. ø20 U.S.C. 6435¿ USE OF FUNDS. 

(a) USES.— 

(1) IN GENERAL.—A State agency shall use funds received 

under this subpart only for programs and projects that— 

(A) are consistent with the State plan under section 

1414(a); and 

(B) concentrate on providing participants with the 

knowledge and skills needed to make a successful transition to secondary school completion, career and technical 

education, further education, or employment. 

(2) PROGRAMS AND PROJECTS.—Such programs and 

projects— 

(A) may include— 

(i) the acquisition of equipment; 

(ii) pay-for-success initiatives; or 

(iii) providing targeted services for youth who 

have come in contact with both the child welfare system and juvenile justice system; 

(B) shall be designed to support educational services 

that— 

(i) except for institution-wide projects under section 1416, are provided to children and youth identified by the State agency as failing, or most at-risk of 

failing, to meet the challenging State academic standards; 

(ii) respond to the educational needs of such children and youth, including by supplementing and improving the quality of the educational services provided to such children and youth by the State agency; 

and 

(iii) afford such children and youth an opportunity 

to meet challenging State academic standards; and 


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(C) shall be carried out in a manner consistent with 

section 1118 and part F (as applied to programs and 

projects under this part). 

(b) SUPPLEMENT, NOT SUPPLANT.—A program under this subpart that supplements the number of hours of instruction students 

receive from State and local sources shall be considered to comply 

with the supplement, not supplant requirement of section 1118 (as 

applied to this part) without regard to the subject areas in which 

instruction is given during those hours. 

SEC. 1416. ø20 U.S.C. 6436¿ INSTITUTION-WIDE PROJECTS. 

A State agency that provides free public education for children 

and youth in an institution for neglected or delinquent children 

and youth (other than an adult correctional institution) or attending a community-day program for such children and youth may use 

funds received under this subpart to serve all children in, and upgrade the entire educational effort of, that institution or program 

if the State agency has developed, and the State educational agency has approved, a comprehensive plan for that institution or program that— 

(1) provides for a comprehensive assessment of the educational needs of all children and youth in the institution or 

program serving juveniles; 

(2) provides for a comprehensive assessment of the educational needs of youth aged 20 and younger in adult facilities 

who are expected to complete incarceration within a 2-year period; 

(3) describes the steps the State agency has taken, or will 

take, to provide all children and youth under age 21 with the 

opportunity to meet challenging State academic standards in 

order to improve the likelihood that the children and youth 

will attain a regular high school diploma or its recognized 

equivalent, or find employment after leaving the institution; 

(4) describes the instructional program, specialized instructional support services, and procedures that will be used to 

meet the needs described in paragraph (1), including, to the extent feasible, the provision of mentors for the children and 

youth described in paragraph (1), and how relevant and appropriate academic records and plans regarding the continuation 

of educational services for such children or youth are shared 

jointly between the State agency operating the institution or 

program and local educational agency in order to facilitate the 

transition of such children and youth between the local educational agency and the State agency; 

(5) specifically describes how such funds will be used; 

(6) describes the measures and procedures that will be 

used to assess and improve student achievement; 

(7) describes how the agency has planned, and will implement and evaluate, the institution-wide or program-wide 

project in consultation with personnel providing direct instructional services and support services in institutions or community-day programs for neglected or delinquent children and 

youth, and with personnel from the State educational agency; 

and 


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(8) includes an assurance that the State agency has provided for appropriate training for teachers and other instructional and administrative personnel to enable such teachers 

and personnel to carry out the project effectively. 

SEC. 1417. ø20 U.S.C. 6437¿ THREE-YEAR PROGRAMS OR PROJECTS. 

If a State agency operates a program or project under this subpart in which individual children or youth are likely to participate 

for more than 1 year, the State educational agency may approve 

the State agency’s application for a subgrant under this subpart for 

a period of not more than 3 years. 

SEC. 1418. ø20 U.S.C. 6438¿ TRANSITION SERVICES. 

(a) TRANSITION SERVICES.—Each State agency shall reserve not 

less than 15 percent and not more than 30 percent of the amount 

such agency receives under this subpart for any fiscal year to support— 

(1) projects that facilitate the transition of children and 

youth between State-operated institutions, or institutions in 

the State operated by the Secretary of the Interior, and schools 

served by local educational agencies or schools operated or 

funded by the Bureau of Indian Education; or 

(2) the successful reentry of youth offenders, who are age 

20 or younger and have received a regular high school diploma 

or its recognized equivalent, into postsecondary education, or 

career and technical training programs, through strategies designed to expose the youth to, and prepare the youth for, postsecondary education, or career and technical training programs, such as— 

(A) preplacement programs that allow adjudicated or 

incarcerated youth to audit or attend courses on college, 

university, or community college campuses, or through 

programs provided in institutional settings; 

(B) worksite schools, in which institutions of higher 

education and private or public employers partner to create programs to help students make a successful transition 

to postsecondary education and employment; and 

(C) essential support services to ensure the success of 

the youth, such as— 

(i) personal, career and technical, and academic, 

counseling; 

(ii) placement services designed to place the youth 

in a university, college, or junior college program; 

(iii) information concerning, and assistance in obtaining, available student financial aid; 

(iv) counseling services; and 

(v) job placement services. 

(b) CONDUCT OF PROJECTS.—A project supported under this 

section may be conducted directly by the State agency, or through 

a contract or other arrangement with one or more local educational 

agencies, other public agencies, or private nonprofit organizations. 

(c) RULE OF CONSTRUCTION.—Nothing in this section shall be 

construed to prohibit a school that receives funds under subsection 

(a) from serving neglected and delinquent children and youth siVerDate Nov 24 2008 11:50 Feb 05, 2016 Jkt 000000 PO 00000 Frm 00140 Fmt 9001 Sfmt 6601 F:\COMP\EDII\EASEAO1.BEL HOLCPC

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multaneously with students with similar educational needs, in the 

same educational settings where appropriate. 

SEC. 1419. ø20 U.S.C. 6439¿ TECHNICAL ASSISTANCE. 

The Secretary may reserve not more than 2.5 percent of the 

amount made available to carry out this subpart for a fiscal year 

to provide technical assistance to and support the capacity building 

of State agency programs assisted under this subpart. 

Subpart 2—Local Agency Programs 

SEC. 1421. ø20 U.S.C. 6451¿ PURPOSE. 

The purpose of this subpart is to support the operation of local 

educational agency programs that involve collaboration with locally 

operated correctional facilities— 

(1) to carry out high quality education programs to prepare 

children and youth for secondary school completion, training, 

employment, or further education; 

(2) to provide activities to facilitate the transition of such 

children and youth from the correctional program to further 

education or employment; and 

(3) to operate programs in local schools, including schools 

operated or funded by the Bureau of Indian Education, for children and youth returning from correctional facilities, and programs which may serve at-risk children and youth. 

SEC. 1422. ø20 U.S.C. 6452¿ PROGRAMS OPERATED BY LOCAL EDUCATIONAL AGENCIES. 

(a) LOCAL SUBGRANTS.—With funds made available under section 1402(b), the State educational agency shall award subgrants 

to local educational agencies with high numbers or percentages of 

children and youth residing in locally operated (including county 

operated) correctional facilities for children and youth (including facilities involved in community day programs). 

(b) SPECIAL RULE.—A local educational agency that serves a 

school operated by a correctional facility is not required to operate 

a program of support for children and youth returning from such 

school to a school that is not operated by a correctional agency but 

served by such local educational agency, if more than 30 percent 

of the children and youth attending the school operated by the correctional facility will reside outside the boundaries served by the 

local educational agency after leaving such facility. 

(c) NOTIFICATION.—A State educational agency shall notify 

local educational agencies within the State of the eligibility of such 

agencies to receive a subgrant under this subpart. 

(d) TRANSITIONAL AND ACADEMIC SERVICES.—Transitional and 

supportive programs operated in local educational agencies under 

this subpart shall be designed primarily to meet the transitional 

and academic needs of students returning to local educational 

agencies or alternative education programs from correctional facilities. Services to students at-risk of dropping out of school shall not 

have a negative impact on meeting such transitional and academic 

needs of the students returning from correctional facilities. 


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SEC. 1423. ø20 U.S.C. 6453¿ LOCAL EDUCATIONAL AGENCY APPLICATIONS. 

Each local educational agency desiring assistance under this 

subpart shall submit an application to the State educational agency 

that contains such information as the State educational agency 

may require. Each such application shall include— 

(1) a description of the program to be assisted; 

(2) a description of formal agreements, regarding the program to be assisted, between— 

(A) the local educational agency; and 

(B) correctional facilities and alternative school programs serving children and youth involved with the juvenile justice system, including such facilities operated by 

the Secretary of the Interior and Indian tribes; 

(3) as appropriate, a description of how participating 

schools will coordinate with facilities working with delinquent 

children and youth to ensure that such children and youth are 

participating in an education program comparable to one operating in the local school such youth would attend; 

(4) a description of the program operated by participating 

schools to facilitate the successful transition of children and 

youth returning from correctional facilities and, as appropriate, 

the types of services that such schools will provide such children and youth and other at-risk children and youth; 

(5) a description of the characteristics (including learning 

difficulties, substance abuse problems, and other special needs) 

of the children and youth who will be returning from correctional facilities and, as appropriate, other at-risk children and 

youth expected to be served by the program, and a description 

of how the school will coordinate existing educational programs 

to meet the unique educational needs of such children and 

youth; 

(6) as appropriate, a description of how schools will coordinate with existing social, health, and other services to meet the 

needs of students returning from correctional facilities, at-risk 

children or youth, and other participating children or youth, including prenatal health care and nutrition services related to 

the health of the parent and the child or youth, parenting and 

child development classes, child care, targeted reentry and outreach programs, referrals to community resources, and scheduling flexibility; 

(7) as appropriate, a description of any partnerships with 

institutions of higher education or local businesses to facilitate 

postsecondary and workforce success for children and youth returning from correctional facilities, such as through participation in credit-bearing coursework while in secondary school, enrollment in postsecondary education, participation in career 

and technical education programming, and mentoring services 

for participating students; 

(8) as appropriate, a description of how the program will 

involve parents and family members in efforts to improve the 

educational achievement of their children, assist in dropout 

prevention activities, and prevent the involvement of their children in delinquent activities; 


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(9) a description of how the program under this subpart 

will be coordinated with other Federal, State, and local programs, such as programs under title I of the Workforce Innovation and Opportunity Act and career and technical education 

programs serving at-risk children and youth; 

(10) a description of how the program will be coordinated 

with programs operated under the Juvenile Justice and Delinquency Prevention Act of 1974 and other comparable programs, 

if applicable; 

(11) as appropriate, a description of how schools will work 

with probation officers to assist in meeting the needs of children and youth returning from correctional facilities; 

(12) a description of the efforts participating schools will 

make to ensure correctional facilities working with children 

and youth are aware of a child’s or youth’s existing individualized education program; and 

(13) as appropriate, a description of the steps participating 

schools will take to find alternative placements for children 

and youth interested in continuing their education but unable 

to participate in a traditional public school program. 

SEC. 1424. ø20 U.S.C. 6454¿ USES OF FUNDS. 

(a) IN GENERAL.—Funds provided to local educational agencies 

under this subpart may be used, as appropriate, for— 

(1) programs that serve children and youth returning to 

local schools from correctional facilities, to assist in the transition of such children and youth to the school environment and 

help them remain in school in order to complete their education; 

(2) dropout prevention programs which serve at-risk children and youth; 

(3) the coordination of health and social services for such 

individuals if there is a likelihood that the provision of such 

services, including day care, drug and alcohol counseling, and 

mental health services, will improve the likelihood such individuals will complete their education; 

(4) special programs to meet the unique academic needs of 

participating children and youth, including career and technical education, special education, career counseling, curriculum-based youth entrepreneurship education, and assistance in securing student loans or grants for postsecondary education; 

(5) programs providing mentoring and peer mediation; 

(6) programs for at-risk Indian children and youth, including such children and youth in correctional facilities in the 

area served by the local educational agency that are operated 

by the Secretary of the Interior or Indian tribes; and 

(7) pay for success initiatives. 

(b) CONTRACTS AND GRANTS.—A local educational agency may 

use a subgrant received under this subpart to carry out the activities described under paragraphs (1) through (7) of subsection (a) directly or through subgrants, contracts, or cooperative agreements. 


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SEC. 1425. ø20 U.S.C. 6455¿ PROGRAM REQUIREMENTS FOR CORRECTIONAL FACILITIES RECEIVING FUNDS UNDER THIS SECTION. 

Each correctional facility entering into an agreement with a 

local educational agency under section 1423(2) to provide services 

to children and youth under this subpart shall— 

(1) where feasible, ensure that educational programs in the 

correctional facility are coordinated with the student’s home 

school, particularly with respect to a student with an individualized education program under part B of the Individuals 

with Disabilities Education Act; 

(2) if the child or youth is identified as in need of special 

education services while in the correctional facility, notify the 

local school of the child or youth of such need; 

(3) where feasible, provide transition assistance to help the 

child or youth stay in school, including coordination of services 

for the family, counseling, assistance in accessing drug and alcohol abuse prevention programs, tutoring, and family counseling; 

(4) provide support programs that encourage children and 

youth who have dropped out of school to reenter school and attain a regular high school diploma once their term at the correctional facility has been completed, or provide such children 

and youth with the skills necessary to gain employment or 

seek a regular high school diploma or its recognized equivalent; 

(5) work to ensure that the correctional facility is staffed 

with teachers and other qualified staff who are trained to work 

with children and youth with disabilities taking into consideration the unique needs of such children and youth; 

(6) ensure that educational programs in the correctional 

facility are related to assisting students to meet the challenging State academic standards; 

(7) to the extent possible, use technology to assist in coordinating educational programs between the correctional facility and the community school; 

(8) where feasible, involve parents in efforts to improve the 

educational achievement of their children and prevent the further involvement of such children in delinquent activities; 

(9) coordinate funds received under this subpart with other 

local, State, and Federal funds available to provide services to 

participating children and youth, such as funds made available 

under title I of the Workforce Innovation and Opportunity Act, 

and career and technical education funds; 

(10) coordinate programs operated under this subpart with 

activities funded under the Juvenile Justice and Delinquency 

Prevention Act of 1974 and other comparable programs, if applicable; 

(11) if appropriate, work with local businesses to develop 

training, curriculum-based youth entrepreneurship education, 

and mentoring programs for children and youth; 

(12) upon the child’s or youth’s entry into the correctional 

facility, work with the child’s or youth’s family members and 

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evant and appropriate academic records and plans regarding 

the continuation of educational services for such child or youth 

are shared jointly between the correctional facility and local 

educational agency in order to facilitate the transition of such 

children and youth between the local educational agency and 

the correctional facility; and 

(13) consult with the local educational agency for a period 

jointly determined necessary by the correctional facility and 

local educational agency upon discharge from that facility, to 

coordinate educational services so as to minimize disruption to 

the child’s or youth’s achievement. 

SEC. 1426. ø20 U.S.C. 6456¿ ACCOUNTABILITY. 

The State educational agency may— 

(1) reduce or terminate funding for projects under this subpart if a local educational agency does not show progress in the 

number of children and youth attaining a regular high school 

diploma or its recognized equivalent; and 

(2) require correctional facilities or institutions for neglected or delinquent children and youth to demonstrate, after 

receiving assistance under this subpart for 3 years, that there 

has been an increase in the number of children and youth returning to school, attaining a regular high school diploma or its 

recognized equivalent, or attaining employment after such children and youth are released. 

Subpart 3—General Provisions 

SEC. 1431. ø20 U.S.C. 6471¿ PROGRAM EVALUATIONS. 

(a) SCOPE OF EVALUATION.—Each State agency or local educational agency that conducts a program under subpart 1 or 2 shall 

evaluate the program, disaggregating data on participation by gender, race, ethnicity, and age while protecting individual student 

privacy,, not less than once every 3 years, to determine the program’s impact on the ability of participants— 

(1) to maintain and improve educational achievement and 

to graduate from high school in the number of years established by the State under either the four-year adjusted cohort 

graduation rate or the extended-year adjusted cohort graduation rate, if applicable; 

(2) to accrue school credits that meet State requirements 

for grade promotion and high school graduation; 

(3) to make the transition to a regular program or other 

education program operated by a local educational agency or 

school operated or funded by the Bureau of Indian Education; 

(4) to complete high school (or high school equivalency requirements) and obtain employment after leaving the correctional facility or institution for neglected or delinquent children 

and youth; and 

(5) as appropriate, to participate in postsecondary education and job training programs. 

(b) EXCEPTION.—The disaggregation required under subsection 

(a) shall not be required in a case in which the number of students 

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tion or the results would reveal personally identifiable information 

about an individual student. 

(c) EVALUATION MEASURES.—In conducting each evaluation 

under subsection (a), a State agency or local educational agency 

shall use multiple and appropriate measures of student progress. 

(d) EVALUATION RESULTS.—Each State agency and local educational agency shall— 

(1) submit evaluation results to the State educational 

agency and the Secretary; and 

(2) use the results of evaluations under this section to plan 

and improve subsequent programs for participating children 

and youth. 

SEC. 1432. ø20 U.S.C. 6472¿ DEFINITIONS. 

In this part: 

(1) ADULT CORRECTIONAL INSTITUTION.—The term ‘‘adult 

correctional institution’’ means a facility in which persons (including persons under 21 years of age) are confined as a result 

of a conviction for a criminal offense. 

(2) AT-RISK.—The term ‘‘at-risk’’, when used with respect 

to a child, youth, or student, means a school aged individual 

who is at-risk of academic failure, dependency adjudication, or 

delinquency adjudication, has a drug or alcohol problem, is 

pregnant or is a parent, has come into contact with the juvenile justice system or child welfare system in the past, is at 

least 1 year behind the expected grade level for the age of the 

individual, is an English learner, is a gang member, has 

dropped out of school in the past, or has a high absenteeism 

rate at school. 

(3) COMMUNITY DAY PROGRAM.—The term ‘‘community day 

program’’ means a regular program of instruction provided by 

a State agency at a community day school operated specifically 

for neglected or delinquent children and youth. 

(4) INSTITUTION FOR NEGLECTED OR DELINQUENT CHILDREN

AND YOUTH.—The term ‘‘institution for neglected or delinquent 

children and youth’’ means— 

(A) a public or private residential facility, other than 

a foster home, that is operated for the care of children who 

have been committed to the institution or voluntarily 

placed in the institution under applicable State law, due to 

abandonment, neglect, or death of their parents or guardians; or 

(B) a public or private residential facility for the care 

of children who have been adjudicated to be delinquent or 

in need of supervision. 

PART E—FLEXIBILITY FOR EQUITABLE PERPUPIL FUNDING 

SEC. 1501. ø20 U.S.C. 6491¿ FLEXIBILITY FOR EQUITABLE PER-PUPIL 

FUNDING. 

(a) PURPOSE.—The purpose of the program under this section 

is to provide local educational agencies with flexibility to consolidate eligible Federal funds and State and local education funding 


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in order to create a single school funding system based on weighted 

per-pupil allocations for low-income and otherwise disadvantaged 

students. 

(b) AUTHORITY.— (1) IN GENERAL.—The Secretary is authorized to enter into 

local flexibility demonstration agreements— 

(A) for not more than 3 years with local educational 

agencies that are selected under subsection (c) and submit 

proposed agreements that meet the requirements of subsection (d); and 

(B) under which such agencies may consolidate and 

use funds in accordance with subsection (d) in order to develop and implement a school funding system based on 

weighted per-pupil allocations for low-income and otherwise disadvantaged students. 

(2) FLEXIBILITY.—Except as described in subsection 

(d)(1)(I), the Secretary is authorized to waive, for local educational agencies entering into agreements under this section, 

any provision of this Act that would otherwise prevent such 

agency from using eligible Federal funds as part of such agreement. 

(c) SELECTION OF LOCAL EDUCATIONAL AGENCIES.— (1) IN GENERAL.—The Secretary may enter into local flexibility demonstration agreements with not more than 50 local 

educational agencies with an approved application under subsection (d). 

(2) SELECTION.—Each local educational agency shall be selected based on such agency— 

(A) submitting a proposed local flexibility demonstration agreement under subsection (d); 

(B) demonstrating that the agreement meets the requirements of such subsection; and 

(C) agreeing to meet the continued demonstration requirements under subsection (e). 

(3) EXPANSION.—Beginning with the 2019–2020 academic 

year, the Secretary may extend funding flexibility authorized 

under this section to any local educational agency that submits 

and has approved an application under subsection (d), as long 

as a significant majority of the demonstration agreements with 

local educational agencies described in paragraph (1) meet the 

requirements of subsection (d)(2) and subsection (e)(1) as of the 

end of the 2018–2019 academic year. 

(d) REQUIRED TERMS OF LOCAL FLEXIBILITY DEMONSTRATION

AGREEMENT.— 

(1) APPLICATION.—Each local educational agency that desires to participate in the program under this section shall submit, at such time and in such form as the Secretary may prescribe, an application to enter into a local flexibility demonstration agreement with the Secretary in order to develop and implement a school funding system based on weighted per-pupil 

allocations that meets the requirements of this section. The application shall include— 

(A) a description of the school funding system based on 

weighted per-pupil allocations, including— 


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(i) the weights used to allocate funds within such 

system; 

(ii) the local educational agency’s legal authority 

to use State and local education funds consistent with 

this section; 

(iii) how such system will meet the requirements 

of paragraph (2); and 

(iv) how such system will support the academic 

achievement of students, including low-income students, the lowest-achieving students, English learners, 

and children with disabilities; 

(B) a list of funding sources, including eligible Federal 

funds, the local educational agency will include in such 

system; 

(C) a description of the amount and percentage of total 

local educational agency funding, including State and local 

education funds and eligible Federal funds, that will be allocated through such system; 

(D) the per-pupil expenditures (which shall include actual personnel expenditures, including staff salary differentials for years of employment, and actual nonpersonnel expenditures) of State and local education funds for 

each school served by the agency for the preceding fiscal 

year; 

(E) the per-pupil amount of eligible Federal funds each 

school served by the agency received in the preceding fiscal 

year, disaggregated by the programs supported by the eligible Federal funds; 

(F) a description of how such system will ensure that 

any eligible Federal funds allocated through the system 

will meet the purposes of each Federal program supported 

by such funds, including serving students from low-income 

families, English learners, migratory children, and children who are neglected, delinquent, or at risk, as applicable; 

(G) an assurance that the local educational agency developed and will implement the local flexibility demonstration agreement in consultation with teachers, principals, 

other school leaders (including charter school leaders in a 

local educational agency that has charter schools), administrators of Federal programs impacted by the agreement, 

parents, community leaders, and other relevant stakeholders; 

(H) an assurance that the local educational agency 

will use fiscal control and sound accounting procedures 

that ensure proper disbursement of, and accounting for, eligible Federal funds consolidated and used under such system; 

(I) an assurance that the local educational agency will 

continue to meet the requirements of sections 1117, 1118, 

and 8501; and 

(J) an assurance that the local educational agency will 

meet the requirements of all applicable Federal civil rights 


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laws in carrying out the agreement and in consolidating 

and using funds under the agreement. 

(2) REQUIREMENTS OF THE SYSTEM.— (A) IN GENERAL.—A local educational agency’s school 

funding system based on weighted per-pupil allocations 

shall— 

(i) except as allowed under clause (iv), allocate a 

significant portion of funds, including State and local 

education funds and eligible Federal funds, to the 

school level based on the number of students in a 

school and a formula developed by the agency under 

this section that determines per-pupil weighted 

amounts; 

(ii) use weights or allocation amounts that allocate 

substantially more funding to English learners, students from low-income families, and students with any 

other characteristics associated with educational disadvantage chosen by the local educational agency, 

than to other students; 

(iii) ensure that each high-poverty school receives, 

in the first year of the demonstration agreement— 

(I) more per-pupil funding, including from 

Federal, State, and local sources, for low-income 

students than such funding received for low-income students in the year prior to entering into a 

demonstration agreement under this section; and 

(II) at least as much per-pupil funding, including from Federal, State, and local sources, for 

English learners as such funding received for 

English learners in the year prior to entering into 

a demonstration agreement under this section; 

(iv) be used to allocate to schools a significant percentage, which shall be a percentage agreed upon during the application process, of all the local educational 

agency’s State and local education funds and eligible 

Federal funds; and 

(v) include all school-level actual personnel expenditures for instructional staff (including staff salary differentials for years of employment) and actual 

nonpersonnel expenditures in the calculation of the 

local educational agency’s State and local education 

funds and eligible Federal funds to be allocated under 

clause (i). 

(B) PERCENTAGE.—In establishing the percentage described in subparagraph (A)(iv) for the system, the local 

educational agency shall demonstrate that the percentage— 

(i) under such subparagraph is sufficient to carry 

out the purposes of the demonstration agreement 

under this section and to meet each of the requirements of this subsection; and 

(ii) of State and local education funds and eligible 

Federal funds that are not allocated through the local 

educational agency’s school funding system based on 


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weighted per-pupil allocations, does not undermine or 

conflict with the requirements of the demonstration 

agreement under this section. 

(C) EXPENDITURES.—After allocating funds through 

the system, the local educational agency shall charge 

schools for the per-pupil expenditures of State and local 

education funds and eligible Federal funds, including actual personnel expenditures (including staff salary differentials for years of employment) for instructional staff 

and actual nonpersonnel expenditures. 

(e) CONTINUED DEMONSTRATION.—Each local educational agency with an approved application under subsection (d) shall annually— 

(1) demonstrate to the Secretary that, as compared to the 

previous year, no high-poverty school served by the agency received— 

(A) less per-pupil funding, including from Federal, 

State, and local sources, for low-income students; or 

(B) less per-pupil funding, including from Federal, 

State, and local sources, for English learners; 

(2) make public and report to the Secretary the per-pupil 

expenditures (including actual personnel expenditures that include staff salary differentials for years of employment, and actual non-personnel expenditures) of State and local education 

funds and eligible Federal funds for each school served by the 

agency, disaggregated by each quartile of students attending 

the school based on student level of poverty and by each major 

racial or ethnic group in the school, for the preceding fiscal 

year; 

(3) make public the total number of students enrolled in 

each school served by the agency and the number of students 

enrolled in each such school disaggregated by each of the subgroups of students, as defined in section 1111(c)(2); and 

(4) notwithstanding paragraph (1), (2), or (3), ensure that 

any information to be reported or made public under this subsection is only reported or made public if such information does 

not reveal personally identifiable information. 

(f) LIMITATIONS ON ADMINISTRATIVE EXPENDITURES.—Each 

local educational agency that has entered into a local flexibility 

demonstration agreement with the Secretary under this section 

may use, for administrative purposes, an amount of eligible Federal 

funds that is not more than the percentage of funds allowed for 

such purposes under any of the following: 

(1) This title. 

(2) Title II. 

(3) Title III. 

(4) Part A of title IV. 

(5) Part B of title V. 

(g) PEER REVIEW.—The Secretary may establish a peer-review 

process to assist in the review of a proposed local flexibility demonstration agreement. 

(h) NONCOMPLIANCE.—The Secretary may, after providing notice and an opportunity for a hearing (including the opportunity to 

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minate a local flexibility demonstration agreement under this section if there is evidence that the local educational agency has failed 

to comply with the terms of the agreement and the requirements 

under subsections (d) and (e). 

(i) EVIDENCE.—If a local educational agency believes that the 

Secretary’s determination under subsection (h) is in error for statistical or other substantive reasons, the local educational agency may 

provide supporting evidence to the Secretary, and the Secretary 

shall consider that evidence before making a final determination. 

(j) PROGRAM EVALUATION.—From the amount reserved for evaluation activities under section 8601, the Secretary, acting through 

the Director of the Institute of Education Sciences, shall, in consultation with the relevant program office at the Department, 

evaluate— 

(1) the implementation of the local flexibility demonstration agreements under this section; and 

(2) the impact of such agreements on improving the equitable distribution of State and local funding and increasing 

student achievement. 

(k) RENEWAL OF LOCAL FLEXIBILITY DEMONSTRATION AGREE- MENT.—The Secretary may renew for additional 3-year terms a 

local flexibility demonstration agreement under this section if— 

(1) the local educational agency has met the requirements 

under subsections (d)(2) and (e) and agrees to, and has a high 

likelihood of, continuing to meet such requirements; and 

(2) the Secretary determines that renewing the local flexibility demonstration agreement is in the interest of students 

served under this title and title III. 

(l) DEFINITIONS.—In this section: 

(1) ELIGIBLE FEDERAL FUNDS.—The term ‘‘eligible Federal 

funds’’ means funds received by a local educational agency 

under— 

(A) this title; 

(B) title II; 

(C) title III; 

(D) part A of title IV; and 

(E) part B of title V. 

(2) HIGH-POVERTY SCHOOL.—The term ‘‘high-poverty 

school’’ means a school that is in the highest 2 quartiles of 

schools served by a local educational agency, based on the percentage of enrolled students from low-income families. 

PART F—GENERAL PROVISIONS 

SEC. 1601. ø20 U.S.C. 6571¿ FEDERAL REGULATIONS. 

(a) IN GENERAL.—The Secretary may issue, in accordance with 

subsections (b) through (d) and subject to section 1111(e), such regulations as are necessary to reasonably ensure that there is compliance with this title. 

(b) NEGOTIATED RULEMAKING PROCESS.— (1) IN GENERAL.—Before publishing in the Federal Register 

proposed regulations to carry out this title, the Secretary shall 

obtain the advice and recommendations of representatives of 

Federal, State, and local administrators, parents, teachers, 


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principals, other school leaders (including charter school leaders), paraprofessionals, and members of local school boards and 

other organizations involved with the implementation and operation of programs under this title. 

(2) MEETINGS AND ELECTRONIC EXCHANGE.—Such advice 

and recommendations may be obtained through such mechanisms as regional meetings and electronic exchanges of information. Such regional meetings and electronic exchanges of information shall be public and notice of such meetings and exchanges shall be provided to interested stakeholders. 

(3) PROPOSED REGULATIONS.—After obtaining such advice 

and recommendations, and before publishing proposed regulations, the Secretary shall— 

(A) establish a negotiated rulemaking process on, at a 

minimum, standards, assessments under section 

1111(b)(2), and the requirement under section 1118 that 

funds under part A be used to supplement, and not supplant, State and local funds; 

(B) select individuals to participate in such process 

from among individuals or groups that provided advice and 

recommendations, including representation from all geographic regions of the United States, in such numbers as 

will provide an equitable balance between representatives 

of parents and students and representatives of educators 

and education officials; and 

(C) prepare a draft of proposed policy options that 

shall be provided to the individuals selected by the Secretary under subparagraph (B) not less than 15 days before the first meeting under such process. 

(4) PROCESS.—Such process— 

(A) shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.); and 

(B) shall, unless otherwise provided as described in 

subsection (c), follow the provisions of subchapter III of 

chapter 5 of title V, United States Code (commonly known 

as the ‘‘Negotiated Rulemaking Act of 1990’’). 

(c) ALTERNATIVE PROCESS FOR CERTAIN EXCEPTIONS.—If consensus, as defined in section 562 of title 5, United States Code, on 

any proposed regulation is not reached by the individuals selected 

under subsection (b)(3)(B) for the negotiated rulemaking process, or 

if the Secretary determines that a negotiated rulemaking process 

is unnecessary, the Secretary may propose a regulation in the following manner: 

(1) NOTICE TO CONGRESS.—Not less than 15 business days 

prior to issuing a notice of proposed rulemaking in the Federal 

Register, the Secretary shall provide to the Committee on 

Health, Education, Labor, and Pensions of the Senate, the 

Committee on Education and the Workforce of the House of 

Representatives, and other relevant congressional committees, 

notice of the Secretary’s intent to issue a notice of proposed 

rulemaking that shall include— 

(A) a copy of the proposed regulation; 

(B) the need to issue the regulation; 


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(C) the anticipated burden, including the time, cost, 

and paperwork burden, the regulation will impose on State 

educational agencies, local educational agencies, schools, 

and other entities that may be impacted by the regulation; 

(D) the anticipated benefits to State educational agencies, local educational agencies, schools, and other entities 

that may be impacted by the regulation; and 

(E) any regulations that will be repealed when the 

new regulation is issued. 

(2) COMMENT PERIOD FOR CONGRESS.—The Secretary 

shall— 

(A) before issuing any notice of proposed rulemaking 

under this subsection, provide Congress with a comment 

period of 15 business days to make comments on the proposed regulation, beginning on the date that the Secretary 

provides the notice of intent to the appropriate committees 

of Congress under paragraph (1); and 

(B) include and seek to address all comments submitted by Congress in the public rulemaking record for the 

regulation published in the Federal Register. 

(3) COMMENT AND REVIEW PERIOD; EMERGENCY SITUATIONS.—The comment and review period for any proposed regulation shall be not less than 60 days unless an emergency requires a shorter period, in which case the Secretary shall— 

(A) designate the proposed regulation as an emergency 

with an explanation of the emergency in the notice to Congress under paragraph (1); 

(B) publish the length of the comment and review period in such notice and in the Federal Register; and 

(C) conduct immediately thereafter regional meetings 

to review such proposed regulation before issuing any final 

regulation. 

(d) LIMITATION.—Regulations to carry out this title may not require local programs to follow a particular instructional model, 

such as the provision of services outside the regular classroom or 

school program. 

(e) RULE OF CONSTRUCTION.—Nothing in this section affects 

the applicability of subchapter II of chapter 5, and chapter 7, of 

title 5, United States Code (commonly known as the ‘‘Administrative Procedure Act’’) or chapter 8 of title 5, United States Code 

(commonly known as the ‘‘Congressional Review Act’’). 

SEC. 1602. ø20 U.S.C. 6572¿ AGREEMENTS AND RECORDS. 

(a) AGREEMENTS.—In any case in which a negotiated rulemaking process is established under section 1601(b), all published 

proposed regulations shall conform to agreements that result from 

the rulemaking described in section 1601 unless the Secretary reopens the negotiated rulemaking process. 

(b) RECORDS.—The Secretary shall ensure that an accurate and 

reliable record of agreements reached during the negotiations process is maintained. 

SEC. 1603. ø20 U.S.C. 6573¿ STATE ADMINISTRATION. 

(a) RULEMAKING.— 


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(1) IN GENERAL.—Each State that receives funds under 

this title shall— 

(A) ensure that any State rules, regulations, and policies relating to this title conform to the purposes of this 

title and provide any such proposed rules, regulations, and 

policies to the committee of practitioners created under 

subsection (b) for review and comment; 

(B) minimize such rules, regulations, and policies to 

which the State’s local educational agencies and schools 

are subject; 

(C) eliminate or modify State and local fiscal accounting requirements in order to facilitate the ability of schools 

to consolidate funds under schoolwide programs; 

(D) identify any such rule, regulation, or policy as a 

State-imposed requirement; and 

(E)(i) identify any duplicative or contrasting requirements between the State and Federal rules or regulations; 

and 

(ii) eliminate the State rules and regulations that are 

duplicative of Federal requirements. 

(2) SUPPORT AND FACILITATION.—State rules, regulations, 

and policies under this title shall support and facilitate local 

educational agency and school-level systemic reform designed 

to enable all children to meet the challenging State academic 

standards. 

(b) COMMITTEE OF PRACTITIONERS.— 

(1) IN GENERAL.—Each State educational agency that receives funds under this title shall create a State committee of 

practitioners to advise the State in carrying out its responsibilities under this title. 

(2) MEMBERSHIP.—Each such committee shall include— 

(A) as a majority of its members, representatives from 

local educational agencies; 

(B) administrators, including the administrators of 

programs described in other parts of this title; 

(C) teachers from traditional public schools and charter schools (if there are charter schools in the State) and 

career and technical educators; 

(D) principals and other school leaders; 

(E) parents; 

(F) members of local school boards; 

(G) representatives of private school children; 

(H) specialized instructional support personnel and 

paraprofessionals; 

(I) representatives of authorized public chartering 

agencies (if there are charter schools in the State); and 

(J) charter school leaders (if there are charter schools 

in the State). 

(3) DUTIES.—The duties of such committee shall include a 

review, before publication, of any proposed or final State rule 

or regulation pursuant to this title. In an emergency situation 

where such rule or regulation must be issued within a very 

limited time to assist local educational agencies with the operation of the program under this title, the State educational 


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agency may issue a regulation without prior consultation, but 

shall immediately thereafter convene the State committee of 

practitioners to review the emergency regulation before 

issuance in final form. 

SEC. 1604. ø20 U.S.C. 6575¿ PROHIBITION AGAINST FEDERAL MANDATES, DIRECTION, OR CONTROL. 

Nothing in this title shall be construed to authorize an officer 

or employee of the Federal Government to mandate, direct, or control a State, local educational agency, or school’s specific instructional content, academic achievement standards and assessments, 

curriculum, or program of instruction. 

SEC. 1605. ø20 U.S.C. 6576¿ RULE OF CONSTRUCTION ON EQUALIZED 

SPENDING. 

Nothing in this title shall be construed to mandate equalized 

spending per pupil for a State, local educational agency, or school. 

TITLE II—PREPARING, TRAINING, AND 

RECRUITING HIGH-QUALITY TEACHERS, PRINCIPALS, OR OTHER SCHOOL 

LEADERS 

SEC. 2001. ø20 U.S.C. 6601¿ PURPOSE. 

The purpose of this title is to provide grants to State educational agencies and subgrants to local educational agencies to— 

(1) increase student achievement consistent with the challenging State academic standards; 

(2) improve the quality and effectiveness of teachers, principals, and other school leaders; 

(3) increase the number of teachers, principals, and other 

school leaders who are effective in improving student academic 

achievement in schools; and 

provide low-income and minority students greater access 

to effective teachers, principals, and other school leaders. 

SEC. 2002. ø20 U.S.C. 6602¿ DEFINITIONS. 

In this title: 

(1) SCHOOL LEADER RESIDENCY PROGRAM.—The term 

‘‘school leader residency program’’ means a school-based principal or other school leader preparation program in which a 

prospective principal or other school leader— 

(A) for 1 academic year, engages in sustained and rigorous clinical learning with substantial leadership responsibilities and an opportunity to practice and be evaluated 

in an authentic school setting; and 

(B) during that academic year— 

(i) participates in evidence-based coursework, to 

the extent the State (in consultation with local educational agencies in the State) determines that such 

evidence is reasonably available, that is integrated 

with the clinical residency experience; and 

(ii) receives ongoing support from a mentor principal or other school leader, who is effective. 


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(2) STATE.—The term ‘‘State’’ means each of the 50 States, 

the District of Columbia, and the Commonwealth of Puerto 

Rico. 

(3) STATE AUTHORIZER.—The term ‘‘State authorizer’’ 

means an entity designated by the Governor of a State to recognize teacher, principal, or other school leader preparation 

academies within the State that— 

(A) enters into an agreement with a teacher, principal, 

or other school leader preparation academy that specifies 

the goals expected of the academy, as described in paragraph (4)(A)(i); 

(B) may be a nonprofit organization, State educational 

agency, or other public entity, or consortium of such entities (including a consortium of States); and 

(C) does not reauthorize a teacher, principal, or other 

school leader preparation academy if the academy fails to 

produce the minimum number or percentage of effective 

teachers or principals or other school leaders, respectively 

(as determined by the State), identified in the academy’s 

authorizing agreement. 

(4) TEACHER, PRINCIPAL, OR OTHER SCHOOL LEADER PREPA- RATION ACADEMY.—The term ‘‘teacher, principal, or other 

school leader preparation academy’’ means a public or other 

nonprofit entity, which may be an institution of higher education or an organization affiliated with an institution of higher education, that establishes an academy that will prepare 

teachers, principals, or other school leaders to serve in highneeds schools, and that— 

(A) enters into an agreement with a State authorizer 

that specifies the goals expected of the academy, including— 

(i) a requirement that prospective teachers, principals, or other school leaders who are enrolled in the 

academy receive a significant part of their training 

through clinical preparation that partners the prospective candidate with an effective teacher, principal, or 

other school leader, as determined by the State, respectively, with a demonstrated record of increasing 

student academic achievement, including for the subgroups of students defined in section 1111(c)(2), while 

also receiving concurrent instruction from the academy in the content area (or areas) in which the prospective teacher, principal, or other school leader will 

become certified or licensed that links to the clinical 

preparation experience; 

(ii) the number of effective teachers, principals, or 

other school leaders, respectively, who will demonstrate success in increasing student academic 

achievement that the academy will prepare; and 

(iii) a requirement that the academy will award a 

certificate of completion (or degree, if the academy is, 

or is affiliated with, an institution of higher education) 

to a teacher only after the teacher demonstrates that 

the teacher is an effective teacher, as determined by 


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the State, with a demonstrated record of increasing 

student academic achievement either as a student 

teacher or teacher-of-record on an alternative certificate, license, or credential; 

(iv) a requirement that the academy will award a 

certificate of completion (or degree, if the academy is, 

or is affiliated with, an institution of higher education) 

to a principal or other school leader only after the 

principal or other school leader demonstrates a record 

of success in improving student performance; and 

(v) timelines for producing cohorts of graduates 

and conferring certificates of completion (or degrees, if 

the academy is, or is affiliated with, an institution of 

higher education) from the academy; 

(B) does not have unnecessary restrictions on the 

methods the academy will use to train prospective teacher, 

principal, or other school leader candidates, including— 

(i) obligating (or prohibiting) the academy’s faculty 

to hold advanced degrees or conduct academic research; 

(ii) restrictions related to the academy’s physical 

infrastructure; 

(iii) restrictions related to the number of course 

credits required as part of the program of study; 

(iv) restrictions related to the undergraduate 

coursework completed by teachers teaching or working 

on alternative certificates, licenses, or credentials, as 

long as such teachers have successfully passed all relevant State-approved content area examinations; or 

(v) restrictions related to obtaining accreditation 

from an accrediting body for purposes of becoming an 

academy; 

(C) limits admission to its program to prospective 

teacher, principal, or other school leader candidates who 

demonstrate strong potential to improve student academic 

achievement, based on a rigorous selection process that reviews a candidate’s prior academic achievement or record 

of professional accomplishment; and 

(D) results in a certificate of completion or degree that 

the State may, after reviewing the academy’s results in 

producing effective teachers, or principals, or other school 

leaders, respectively (as determined by the State) recognize as at least the equivalent of a master’s degree in education for the purposes of hiring, retention, compensation, 

and promotion in the State. 

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

residency program’’ means a school-based teacher preparation 

program in which a prospective teacher— 

(A) for not less than 1 academic year, teaches alongside an effective teacher, as determined by the State or 

local educational agency, who is the teacher of record for 

the classroom; 

(B) receives concurrent instruction during the year described in subparagraph (A)— 


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(i) through courses that may be taught by local 

educational agency personnel or by faculty of the 

teacher preparation program; and 

(ii) in the teaching of the content area in which 

the teacher will become certified or licensed; and 

(C) acquires effective teaching skills, as demonstrated 

through completion of a residency program, or other measure determined by the State, which may include a teacher 

performance assessment. 

SEC. 2003. ø20 U.S.C. 6603¿ AUTHORIZATION OF APPROPRIATIONS. 

(a) GRANTS TO STATES AND LOCAL EDUCATIONAL AGENCIES.— 

For the purpose of carrying out part A, there are authorized to be 

appropriated $2,295,830,000 for each of fiscal years 2017 through 

2020. 

(b) NATIONAL ACTIVITIES.—For the purpose of carrying out part 

B, there are authorized to be appropriated— 

(1) $468,880,575 for each of fiscal years 2017 and 2018; 

(2) $469,168,000 for fiscal year 2019; and 

(3) $489,168,000 for fiscal year 2020. 

PART A—SUPPORTING EFFECTIVE 

INSTRUCTION 

SEC. 2101. ø20 U.S.C. 6611¿ FORMULA GRANTS TO STATES. 

(a) RESERVATION OF FUNDS.—From the total amount appropriated under section 2003(a) for a fiscal year, the Secretary shall 

reserve— 

(1) one-half of 1 percent for allotments for the United 

States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, to be distributed 

among those outlying areas on the basis of their relative need, 

as determined by the Secretary, in accordance with the purpose of this title; and 

(2) one-half of 1 percent for the Secretary of the Interior 

for programs under this part in schools operated or funded by 

the Bureau of Indian Education. 

(b) STATE ALLOTMENTS.— 

(1) HOLD HARMLESS.— 

(A) FISCAL YEARS 2017 THROUGH 2022.—For each of fiscal years 2017 through 2022, subject to paragraph (2) and 

subparagraph (C), from the funds appropriated under section 2003(a) for a fiscal year that remain after the Secretary makes the reservations under subsection (a), the 

Secretary shall allot to each State an amount equal to the 

total amount that such State received for fiscal year 2001 

under— 

(i) section 2202(b) of this Act (as in effect on the 

day before the date of enactment of the No Child Left 

Behind Act of 2001); and 

(ii) section 306 of the Department of Education 

Appropriations Act, 2001 (as enacted into law by section 1(a)(1) of Public Law 106–554). 


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(B) RATABLE REDUCTION.—If the funds described in 

subparagraph (A) are insufficient to pay the full amounts 

that all States are eligible to receive under subparagraph 

(A) for any fiscal year, the Secretary shall ratably reduce 

those amounts for the fiscal year. 

(C) PERCENTAGE REDUCTION.—For each of fiscal years 

2017 through 2022, the amount in subparagraph (A) shall 

be reduced by a percentage equal to the product of 14.29 

percent and the number of years between the fiscal year 

for which the determination is being made and fiscal year 

2016. 

(2) ALLOTMENT OF ADDITIONAL FUNDS.— (A) IN GENERAL.—Subject to subparagraph (B), for any 

fiscal year for which the funds appropriated under section 

2003(a) and not reserved under subsection (a) exceed the 

total amount required to make allotments under paragraph (1), the Secretary shall allot to each State the sum 

of— 

(i) for fiscal year 2017— 

(I) an amount that bears the same relationship to 35 percent of the excess amount as the 

number of individuals aged 5 through 17 in the 

State, as determined by the Secretary on the basis 

of the most recent satisfactory data, bears to the 

number of those individuals in all such States, as 

so determined; and 

(II) an amount that bears the same relationship to 65 percent of the excess amount as the 

number of individuals aged 5 through 17 from 

families with incomes below the poverty line in 

the State, as determined by the Secretary on the 

basis of the most recent satisfactory data, bears to 

the number of those individuals in all such States, 

as so determined; 

(ii) for fiscal year 2018— 

(I) an amount that bears the same relationship to 30 percent of the excess amount as the 

number of individuals aged 5 through 17 in the 

State, as determined by the Secretary on the basis 

of the most recent satisfactory data, bears to the 

number of those individuals in all such States, as 

so determined; and 

(II) an amount that bears the same relationship to 70 percent of the excess amount as the 

number of individuals aged 5 through 17 from 

families with incomes below the poverty line in 

the State, as determined by the Secretary on the 

basis of the most recent satisfactory data, bears to 

the number of those individuals in all such States, 

as so determined; 

(iii) for fiscal year 2019— 

(I) an amount that bears the same relationship to 25 percent of the excess amount as the 

number of individuals aged 5 through 17 in the 


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State, as determined by the Secretary on the basis 

of the most recent satisfactory data, bears to the 

number of those individuals in all such States, as 

so determined; and 

(II) an amount that bears the same relationship to 75 percent of the excess amount as the 

number of individuals aged 5 through 17 from 

families with incomes below the poverty line in 

the State, as determined by the Secretary on the 

basis of the most recent satisfactory data, bears to 

the number of those individuals in all such States, 

as so determined; and 

(iv) for fiscal year 2020— 

(I) an amount that bears the same relationship to 20 percent of the excess amount as the 

number of individuals aged 5 through 17 in the 

State, as determined by the Secretary on the basis 

of the most recent satisfactory data, bears to the 

number of those individuals in all such States, as 

so determined; and 

(II) an amount that bears the same relationship to 80 percent of the excess amount as the 

number of individuals aged 5 through 17 from 

families with incomes below the poverty line in 

the State, as determined by the Secretary on the 

basis of the most recent satisfactory data, bears to 

the number of those individuals in all such States, 

as so determined. 

(B) EXCEPTION.—No State receiving an allotment 

under subparagraph (A) may receive less than one-half of 

1 percent of the total excess amount allotted under such 

subparagraph for a fiscal year. 

(3) FISCAL YEAR 2021 AND SUCCEEDING FISCAL YEARS.—For 

fiscal year 2021 and each of the succeeding fiscal years— 

(A) the Secretary shall allot funds appropriated under 

section 2003(a) and not reserved under subsection (a) to 

each State in accordance with paragraph (2)(A)(iv); and 

(B) the amount appropriated but not reserved shall be 

treated as the excess amount. 

(4) REALLOTMENT.—If any State does not apply for an allotment under this subsection for any fiscal year, the Secretary 

shall reallot the amount of the allotment to the remaining 

States in accordance with this subsection. 

(c) STATE USES OF FUNDS.— 

(1) IN GENERAL.—Except as provided under paragraph (3), 

each State that receives an allotment under subsection (b) for 

a fiscal year shall reserve not less than 95 percent of such allotment to make subgrants to local educational agencies for 

such fiscal year, as described in section 2102. 

(2) STATE ADMINISTRATION.—A State educational agency 

may use not more than 1 percent of the amount allotted to 

such State under subsection (b) for the administrative costs of 

carrying out such State educational agency’s responsibilities 

under this part. 


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(3) PRINCIPALS OR OTHER SCHOOL LEADERS.—Notwithstanding paragraph (1) and in addition to funds otherwise 

available for activities under paragraph (4), a State educational agency may reserve not more than 3 percent of the 

amount reserved for subgrants to local educational agencies 

under paragraph (1) for one or more of the activities for principals or other school leaders that are described in paragraph 

(4). 

(4) STATE ACTIVITIES.— (A) IN GENERAL.—The State educational agency for a 

State that receives an allotment under subsection (b) may 

use funds not reserved under paragraph (1) to carry out 1 

or more of the activities described in subparagraph (B), 

which may be implemented in conjunction with a State 

agency of higher education (if such agencies are separate) 

and carried out through a grant or contract with a for-profit or nonprofit entity, including an institution of higher 

education. 

(B) TYPES OF STATE ACTIVITIES.—The activities described in this subparagraph are the following: 

(i) Reforming teacher, principal, or other school 

leader certification, recertification, licensing, or tenure 

systems or preparation program standards and approval processes to ensure that— 

(I) teachers have the necessary subject-matter 

knowledge and teaching skills, as demonstrated 

through measures determined by the State, which 

may include teacher performance assessments, in 

the academic subjects that the teachers teach to 

help students meet challenging State academic 

standards; 

(II) principals or other school leaders have the 

instructional leadership skills to help teachers 

teach and to help students meet such challenging 

State academic standards; and 

(III) teacher certification or licensing requirements are aligned with such challenging State 

academic standards. 

(ii) Developing, improving, or providing assistance 

to local educational agencies to support the design and 

implementation of teacher, principal, or other school 

leader evaluation and support systems that are based 

in part on evidence of student academic achievement, 

which may include student growth, and shall include 

multiple measures of educator performance and provide clear, timely, and useful feedback to teachers, 

principals, or other school leaders, such as by— 

(I) developing and disseminating high-quality 

evaluation tools, such as classroom observation rubrics, and methods, including training and auditing, for ensuring inter-rater reliability of evaluation results; 

(II) developing and providing training to principals, other school leaders, coaches, mentors, and 


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evaluators on how to accurately differentiate performance, provide useful and timely feedback, and 

use evaluation results to inform decisionmaking 

about professional development, improvement 

strategies, and personnel decisions; and 

(III) developing a system for auditing the 

quality of evaluation and support systems. 

(iii) Improving equitable access to effective teachers. 

(iv) Carrying out programs that establish, expand, 

or improve alternative routes for State certification of 

teachers (especially for teachers of children with disabilities, English learners, science, technology, engineering, mathematics, or other areas where the State 

experiences a shortage of educators), principals, or 

other school leaders, for— 

(I) individuals with a baccalaureate or master’s degree, or other advanced degree; 

(II) mid-career professionals from other occupations; 

(III) paraprofessionals; 

(IV) former military personnel; and 

(V) recent graduates of institutions of higher 

education with records of academic distinction 

who demonstrate the potential to become effective 

teachers, principals, or other school leaders. 

(v) Developing, improving, and implementing 

mechanisms to assist local educational agencies and 

schools in effectively recruiting and retaining teachers, 

principals, or other school leaders who are effective in 

improving student academic achievement, including 

effective teachers from underrepresented minority 

groups and teachers with disabilities, such as 

through— 

(I) opportunities for effective teachers to lead 

evidence-based (to the extent the State determines 

that such evidence is reasonably available) professional development for the peers of such effective 

teachers; and 

(II) providing training and support for teacher 

leaders and principals or other school leaders who 

are recruited as part of instructional leadership 

teams. 

(vi) Fulfilling the State educational agency’s responsibilities concerning proper and efficient administration and monitoring of the programs carried out 

under this part, including provision of technical assistance to local educational agencies. 

(vii) Developing, or assisting local educational 

agencies in developing— 

(I) career opportunities and advancement initiatives that promote professional growth and emphasize multiple career paths, such as instructional coaching and mentoring (including hybrid 


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roles that allow instructional coaching and mentoring while remaining in the classroom), school 

leadership, and involvement with school improvement and support; 

(II) strategies that provide differential pay, or 

other incentives, to recruit and retain teachers in 

high-need academic subjects and teachers, principals, or other school leaders, in low-income 

schools and school districts, which may include 

performance-based pay systems; and 

(III) new teacher, principal, or other school 

leader induction and mentoring programs that 

are, to the extent the State determines that such 

evidence is reasonably available, evidence-based, 

and designed to— 

(aa) improve classroom instruction and 

student learning and achievement, including 

through improving school leadership programs; and 

(bb) increase the retention of effective 

teachers, principals, or other school leaders. 

(viii) Providing assistance to local educational 

agencies for the development and implementation of 

high-quality professional development programs for 

principals that enable the principals to be effective 

and prepare all students to meet the challenging State 

academic standards. 

(ix) Supporting efforts to train teachers, principals, or other school leaders to effectively integrate 

technology into curricula and instruction, which may 

include training to assist teachers in implementing 

blended learning (as defined in section 4102(1)) 

projects. 

(x) Providing training, technical assistance, and 

capacity-building to local educational agencies that receive a subgrant under this part. 

(xi) Reforming or improving teacher, principal, or 

other school leader preparation programs, such as 

through establishing teacher residency programs and 

school leader residency programs. 

(xii) Establishing or expanding teacher, principal, 

or other school leader preparation academies, with an 

amount of the funds described in subparagraph (A) 

that is not more than 2 percent of the State’s allotment, if— 

(I) allowable under State law; 

(II) the State enables candidates attending a 

teacher, principal, or other school leader preparation academy to be eligible for State financial aid 

to the same extent as participants in other Stateapproved teacher or principal preparation programs, including alternative certification, licensure, or credential programs; and 


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(III) the State enables teachers, principals, or 

other school leaders who are teaching or working 

while on alternative certificates, licenses, or credentials to teach or work in the State while enrolled in a teacher, principal, or other school leader preparation academy. 

(xiii) Supporting the instructional services provided by effective school library programs. 

(xiv) Developing, or assisting local educational 

agencies in developing, strategies that provide teachers, principals, or other school leaders with the skills, 

credentials, or certifications needed to educate all students in postsecondary education coursework through 

early college high school or dual or concurrent enrollment programs. 

(xv) Providing training for all school personnel, including teachers, principals, other school leaders, specialized instructional support personnel, and paraprofessionals, regarding how to prevent and recognize 

child sexual abuse. 

(xvi) Supporting opportunities for principals, other 

school leaders, teachers, paraprofessionals, early childhood education program directors, and other early 

childhood education program providers to participate 

in joint efforts to address the transition to elementary 

school, including issues related to school readiness. 

(xvii) Developing and providing professional development and other comprehensive systems of support 

for teachers, principals, or other school leaders to promote high-quality instruction and instructional leadership in science, technology, engineering, and mathematics subjects, including computer science. 

(xviii) Supporting the professional development 

and improving the instructional strategies of teachers, 

principals, or other school leaders to integrate career 

and technical education content into academic instructional practices, which may include training on best 

practices to understand State and regional workforce 

needs and transitions to postsecondary education and 

the workforce. 

(xix) Enabling States, as a consortium, to voluntarily develop a process that allows teachers who are 

licensed or certified in a participating State to teach in 

other participating States without completing additional licensure or certification requirements, except 

that nothing in this clause shall be construed to allow 

the Secretary to exercise any direction, supervision, or 

control over State teacher licensing or certification requirements. 

(xx) Supporting and developing efforts to train 

teachers on the appropriate use of student data to ensure that individual student privacy is protected as required by section 444 of the General Education Provisions Act (commonly known as the ‘‘Family EduVerDate Nov 24 2008 11:50 Feb 05, 2016 Jkt 000000 PO 00000 Frm 00164 Fmt 9001 Sfmt 6601 F:\COMP\EDII\EASEAO1.BEL HOLCPC

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cational Rights and Privacy Act of 1974’’) (20 U.S.C. 

1232g) and in accordance with State student privacy 

laws and local educational agency student privacy and 

technology use policies. 

(xxi) Supporting other activities identified by the 

State that are, to the extent the State determines that 

such evidence is reasonably available, evidence-based 

and that meet the purpose of this title. 

(d) STATE APPLICATION.— (1) IN GENERAL.—In order to receive an allotment under 

this section for any fiscal year, a State shall submit an application to the Secretary at such time and in such manner as the 

Secretary may reasonably require. 

(2) CONTENTS.—Each application described under paragraph (1) shall include the following: 

(A) A description of how the State educational agency 

will use funds received under this title for State-level activities described in subsection (c). 

(B) A description of the State’s system of certification 

and licensing of teachers, principals, or other school leaders. 

(C) A description of how activities under this part are 

aligned with challenging State academic standards. 

(D) A description of how the activities carried out with 

funds under this part are expected to improve student 

achievement. 

(E) If a State educational agency plans to use funds 

under this part to improve equitable access to effective 

teachers, consistent with section 1111(g)(1)(B), a description of how such funds will be used for such purpose. 

(F) If applicable, a description of how the State educational agency will work with local educational agencies 

in the State to develop or implement State or local teacher, 

principal, or other school leader evaluation and support 

systems that meet the requirements of subsection 

(c)(4)(B)(ii). 

(G) An assurance that the State educational agency 

will monitor the implementation of activities under this 

part and provide technical assistance to local educational 

agencies in carrying out such activities. 

(H) An assurance that the State educational agency 

will work in consultation with the entity responsible for 

teacher, principal, or other school leader professional 

standards, certification, and licensing for the State, and 

encourage collaboration between educator preparation programs, the State, and local educational agencies to promote the readiness of new educators entering the profession. 

(I) An assurance that the State educational agency 

will comply with section 8501 (regarding participation by 

private school children and teachers). 

(J) A description of how the State educational agency 

will improve the skills of teachers, principals, or other 

school leaders in order to enable them to identify students 


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with specific learning needs, particularly children with disabilities, English learners, students who are gifted and talented, and students with low literacy levels, and provide 

instruction based on the needs of such students. 

(K) A description of how the State will use data and 

ongoing consultation as described in paragraph (3) to continually update and improve the activities supported under 

this part. 

(L) A description of how the State educational agency 

will encourage opportunities for increased autonomy and 

flexibility for teachers, principals, or other school leaders, 

such as by establishing innovation schools that have a 

high degree of autonomy over budget and operations, are 

transparent and accountable to the public, and lead to improved academic outcomes for students. 

(M) A description of actions the State may take to improve preparation programs and strengthen support for 

teachers, principals, or other school leaders based on the 

needs of the State, as identified by the State educational 

agency. 

(3) CONSULTATION.—In developing the State application 

under this subsection, a State shall— 

(A) meaningfully consult with teachers, principals, 

other school leaders, paraprofessionals (including organizations representing such individuals), specialized instructional support personnel, charter school leaders (in a State 

that has charter schools), parents, community partners, 

and other organizations or partners with relevant and 

demonstrated expertise in programs and activities designed to meet the purpose of this title; 

(B) seek advice from the individuals, organizations, or 

partners described in subparagraph (A) regarding how best 

to improve the State’s activities to meet the purpose of this 

title; and 

(C) coordinate the State’s activities under this part 

with other related strategies, programs, and activities 

being conducted in the State. 

(4) LIMITATION.—Consultation required under paragraph 

(3) shall not interfere with the timely submission of the application required under this section. 

(e) PROHIBITION.—Nothing in this section shall be construed to 

authorize the Secretary or any other officer or employee of the Federal Government to mandate, direct, or control any of the following: 

(1) The development, improvement, or implementation of 

elements of any teacher, principal, or other school leader evaluation system. 

(2) Any State or local educational agency’s definition of 

teacher, principal, or other school leader effectiveness. 

(3) Any teacher, principal, or other school leader professional standards, certification, or licensing. 

SEC. 2102. ø20 U.S.C. 6612¿ SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES. 

(a) ALLOCATION OF FUNDS TO LOCAL EDUCATIONAL AGEN- CIES.— 


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(1) IN GENERAL.—From funds reserved by a State under 

section 2101(c)(1) for a fiscal year, the State, acting through 

the State educational agency, shall award subgrants to eligible 

local educational agencies from allocations described in paragraph (2). 

(2) ALLOCATION FORMULA.—From the funds described in 

paragraph (1), the State educational agency shall allocate to 

each of the eligible local educational agencies in the State for 

a fiscal year the sum of— 

(A) an amount that bears the same relationship to 20 

percent of such funds for such fiscal year as the number 

of individuals aged 5 through 17 in the geographic area 

served by the agency, as determined by the Secretary on 

the basis of the most recent satisfactory data, bears to the 

number of those individuals in the geographic areas served 

by all eligible local educational agencies in the State, as so 

determined; and 

(B) an amount that bears the same relationship to 80 

percent of the funds for such fiscal year as the number of 

individuals aged 5 through 17 from families with incomes 

below the poverty line in the geographic area served by the 

agency, as determined by the Secretary on the basis of the 

most recent satisfactory data, bears to the number of those 

individuals in the geographic areas served by all the eligible local educational agencies in the State, as so determined. 

(3) RULE OF CONSTRUCTION.—Nothing in this section shall 

be construed to prohibit a consortium of local educational agencies that are designated with a locale code of 41, 42, or 43, or 

such local educational agencies designated with a locale code 

of 41, 42, or 43 that work in cooperation with an educational 

service agency, from voluntarily combining allocations received 

under this part for the collective use of funding by the consortium for activities under this section. 

(b) LOCAL APPLICATIONS.— 

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

under this section, a local educational agency shall submit an 

application to the State educational agency at such time, in 

such manner, and containing such information as the State 

educational agency may reasonably require. 

(2) CONTENTS OF APPLICATION.—Each application submitted under paragraph (1) shall include the following: 

(A) A description of the activities to be carried out by 

the local educational agency under this section and how 

these activities will be aligned with challenging State academic standards. 

(B) A description of the local educational agency’s systems of professional growth and improvement, such as induction for teachers, principals, or other school leaders and 

opportunities for building the capacity of teachers and opportunities to develop meaningful teacher leadership. 

(C) A description of how the local educational agency 

will prioritize funds to schools served by the agency that 

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ment activities and targeted support and improvement activities under section 1111(d) and have the highest percentage of children counted under section 1124(c). 

(D) A description of how the local educational agency 

will use data and ongoing consultation described in paragraph (3) to continually update and improve activities supported under this part. 

(E) An assurance that the local educational agency 

will comply with section 8501 (regarding participation by 

private school children and teachers). 

(F) An assurance that the local educational agency 

will coordinate professional development activities authorized under this part with professional development activities provided through other Federal, State, and local programs. 

(3) CONSULTATION.—In developing the application described in paragraph (2), a local educational agency shall— 

(A) meaningfully consult with teachers, principals, 

other school leaders, paraprofessionals (including organizations representing such individuals), specialized instructional support personnel, charter school leaders (in a local 

educational agency that has charter schools), parents, community partners, and other organizations or partners with 

relevant and demonstrated expertise in programs and activities designed to meet the purpose of this title; 

(B) seek advice from the individuals and organizations 

described in subparagraph (A) regarding how best to improve the local educational agency’s activities to meet the 

purpose of this title; and 

(C) coordinate the local educational agency’s activities 

under this part with other related strategies, programs, 

and activities being conducted in the community. 

(4) LIMITATION.—Consultation required under paragraph 

(3) shall not interfere with the timely submission of the application required under this section. 

SEC. 2103. ø20 U.S.C. 6613¿ LOCAL USES OF FUNDS. 

(a) IN GENERAL.—A local educational agency that receives a 

subgrant under section 2102 shall use the funds made available 

through the subgrant to develop, implement, and evaluate comprehensive programs and activities described in subsection (b), 

which may be carried out— 

(1) through a grant or contract with a for-profit or nonprofit entity; or 

(2) in partnership with an institution of higher education 

or an Indian tribe or tribal organization (as such terms are defined under section 4 of the Indian Self-Determination and 

Education Assistance Act (25 U.S.C. 450b)). 

(b) TYPES OF ACTIVITIES.—The programs and activities described in this subsection— 

(1) shall be in accordance with the purpose of this title; 

(2) shall address the learning needs of all students, including children with disabilities, English learners, and gifted and 

talented students; and 


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(3) may include, among other programs and activities— 

(A) developing or improving a rigorous, transparent, 

and fair evaluation and support system for teachers, principals, or other school leaders that— 

(i) is based in part on evidence of student achievement, which may include student growth; and 

(ii) shall include multiple measures of educator 

performance and provide clear, timely, and useful 

feedback to teachers, principals, or other school leaders; 

(B) developing and implementing initiatives to assist 

in recruiting, hiring, and retaining effective teachers, particularly in low-income schools with high percentages of ineffective teachers and high percentages of students who do 

not meet the challenging State academic standards, to improve within-district equity in the distribution of teachers, 

consistent with section 1111(g)(1)(B), such as initiatives 

that provide— 

(i) expert help in screening candidates and enabling early hiring; 

(ii) differential and incentive pay for teachers, 

principals, or other school leaders in high-need academic subject areas and specialty areas, which may include performance-based pay systems; 

(iii) teacher, paraprofessional, principal, or other 

school leader advancement and professional growth, 

and an emphasis on leadership opportunities, multiple 

career paths, and pay differentiation; 

(iv) new teacher, principal, or other school leader 

induction and mentoring programs that are designed 

to— 

(I) improve classroom instruction and student 

learning and achievement; and 

(II) increase the retention of effective teachers, principals, or other school leaders; 

(v) the development and provision of training for 

school leaders, coaches, mentors, and evaluators on 

how accurately to differentiate performance, provide 

useful feedback, and use evaluation results to inform 

decisionmaking about professional development, improvement strategies, and personnel decisions; and 

(vi) a system for auditing the quality of evaluation 

and support systems; 

(C) recruiting qualified individuals from other fields to 

become teachers, principals, or other school leaders, including mid-career professionals from other occupations, 

former military personnel, and recent graduates of institutions of higher education with records of academic distinction who demonstrate potential to become effective teachers, principals, or other school leaders; 

(D) reducing class size to a level that is evidencebased, to the extent the State (in consultation with local 

educational agencies in the State) determines that such 

evidence is reasonably available, to improve student 


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achievement through the recruiting and hiring of additional effective teachers; 

(E) providing high-quality, personalized professional 

development that is evidence-based, to the extent the State 

(in consultation with local educational agencies in the 

State) determines that such evidence is reasonably available, for teachers, instructional leadership teams, principals, or other school leaders, that is focused on improving 

teaching and student learning and achievement, including 

supporting efforts to train teachers, principals, or other 

school leaders to— 

(i) effectively integrate technology into curricula 

and instruction (including education about the harms 

of copyright piracy); 

(ii) use data to improve student achievement and 

understand how to ensure individual student privacy 

is protected, as required under section 444 of the General Education Provisions Act (commonly known as 

the ‘‘Family Educational Rights and Privacy Act of 

1974’’) (20 U.S.C. 1232g) and State and local policies 

and laws in the use of such data; 

(iii) effectively engage parents, families, and community partners, and coordinate services between 

school and community; 

(iv) help all students develop the skills essential 

for learning readiness and academic success; 

(v) develop policy with school, local educational 

agency, community, or State leaders; and 

(vi) participate in opportunities for experiential 

learning through observation; 

(F) developing programs and activities that increase 

the ability of teachers to effectively teach children with 

disabilities, including children with significant cognitive 

disabilities, and English learners, which may include the 

use of multi-tier systems of support and positive behavioral intervention and supports, so that such children with 

disabilities and English learners can meet the challenging 

State academic standards; 

(G) providing programs and activities to increase— 

(i) the knowledge base of teachers, principals, or 

other school leaders on instruction in the early grades 

and on strategies to measure whether young children 

are progressing; and 

(ii) the ability of principals or other school leaders 

to support teachers, teacher leaders, early childhood 

educators, and other professionals to meet the needs of 

students through age 8, which may include providing 

joint professional learning and planning activities for 

school staff and educators in preschool programs that 

address the transition to elementary school; 

(H) providing training, technical assistance, and capacity-building in local educational agencies to assist 

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room-based assessments, and using data from such assessments to improve instruction and student academic 

achievement, which may include providing additional time 

for teachers to review student data and respond, as appropriate; 

(I) carrying out in-service training for school personnel 

in— 

(i) the techniques and supports needed to help 

educators understand when and how to refer students 

affected by trauma, and children with, or at risk of, 

mental illness; 

(ii) the use of referral mechanisms that effectively 

link such children to appropriate treatment and intervention services in the school and in the community, 

where appropriate; 

(iii) forming partnerships between school-based 

mental health programs and public or private mental 

health organizations; and 

(iv) addressing issues related to school conditions 

for student learning, such as safety, peer interaction, 

drug and alcohol abuse, and chronic absenteeism; 

(J) providing training to support the identification of 

students who are gifted and talented, including high-ability students who have not been formally identified for gifted education services, and implementing instructional 

practices that support the education of such students, such 

as— 

(i) early entrance to kindergarten; 

(ii) enrichment, acceleration, and curriculum compacting activities; and 

(iii) dual or concurrent enrollment programs in 

secondary school and postsecondary education; 

(K) supporting the instructional services provided by 

effective school library programs; 

(L) providing training for all school personnel, including teachers, principals, other school leaders, specialized 

instructional support personnel, and paraprofessionals, regarding how to prevent and recognize child sexual abuse; 

(M) developing and providing professional development and other comprehensive systems of support for 

teachers, principals, or other school leaders to promote 

high-quality instruction and instructional leadership in 

science, technology, engineering, and mathematics subjects, including computer science; 

(N) developing feedback mechanisms to improve school 

working conditions, including through periodically and 

publicly reporting results of educator support and working 

conditions feedback; 

(O) providing high-quality professional development 

for teachers, principals, or other school leaders on effective 

strategies to integrate rigorous academic content, career 

and technical education, and work-based learning (if appropriate), which may include providing common planning 


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time, to help prepare students for postsecondary education 

and the workforce; and 

(P) carrying out other activities that are evidencebased, to the extent the State (in consultation with local 

educational agencies in the State) determines that such 

evidence is reasonably available, and identified by the 

local educational agency that meet the purpose of this 

title. 

SEC. 2104. ø20 U.S.C. 6614¿ REPORTING. 

(a) STATE REPORT.—Each State educational agency receiving 

funds under this part shall annually submit to the Secretary a report that provides— 

(1) a description of how the State is using grant funds received under this part to meet the purpose of this title, and 

how such chosen activities improved teacher, principal, or 

other school leader effectiveness, as determined by the State or 

local educational agency; 

(2) if funds are used under this part to improve equitable 

access to teachers for low-income and minority students, consistent with section 1111(g)(1)(B), a description of how funds 

have been used to improve such access; 

(3) for a State that implements a teacher, principal, or 

other school leader evaluation and support system, consistent 

with section 2101(c)(4)(B)(ii), using funds under this part, the 

evaluation results of teachers, principals, or other school leaders, except that such information shall not provide personally 

identifiable information on individual teachers, principals, or 

other school leaders; and 

(4) where available, the annual retention rates of effective 

and ineffective teachers, principals, or other school leaders, 

using any methods or criteria the State has or develops under 

section 1111(g)(2)(A), except that nothing in this paragraph 

shall be construed to require any State educational agency or 

local educational agency to collect and report any data the 

State educational agency or local educational agency is not collecting or reporting as of the day before the date of enactment 

of the Every Student Succeeds Act. 

(b) LOCAL EDUCATIONAL AGENCY REPORT.—Each local educational agency receiving funds under this part shall submit to the 

State educational agency such information as the State requires, 

which shall include the information described in subsection (a) for 

the local educational agency. 

(c) AVAILABILITY.—The reports and information provided under 

subsections (a) and (b) shall be made readily available to the public. 

(d) LIMITATION.—The reports and information provided under 

subsections (a) and (b) shall not reveal personally identifiable information about any individual. 


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PART B—NATIONAL ACTIVITIES 

SEC. 2201. ø20 U.S.C. 6621¿ RESERVATIONS. 

From the amounts appropriated under section 2003(b) for a fiscal year, the Secretary shall reserve— 

(1) to carry out activities authorized under subpart 1— 

(A) 49.1 percent for each of fiscal years 2017 through 

2019; and 

(B) 47 percent for fiscal year 2020; 

(2) to carry out activities authorized under subpart 2— 

(A) 34.1 percent for each of fiscal years 2017 through 

2019; and 

(B) 36.8 percent for fiscal year 2020; 

(3) to carry out activities authorized under subpart 3, 1.4 

percent for each of fiscal years 2017 through 2020; and 

(4) to carry out activities authorized under subpart 4— 

(A) 15.4 percent for each of fiscal years 2017 through 

2019; and 

(B) 14.8 percent for fiscal year 2020. 

Subpart 1—Teacher and School Leader Incentive 

Program 

SEC. 2211. ø20 U.S.C. 6631¿ PURPOSES; DEFINITIONS. 

(a) PURPOSES.—The purposes of this subpart are— 

(1) to assist States, local educational agencies, and nonprofit organizations to develop, implement, improve, or expand 

comprehensive performance-based compensation systems or 

human capital management systems for teachers, principals, or 

other school leaders (especially for teachers, principals, or 

other school leaders in high-need schools) who raise student 

academic achievement and close the achievement gap between 

high- and low-performing students; and 

(2) to study and review performance-based compensation 

systems or human capital management systems for teachers, 

principals, or other school leaders to evaluate the effectiveness, 

fairness, quality, consistency, and reliability of the systems. 

(b) DEFINITIONS.—In this subpart: 

(1) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means— 

(A) a local educational agency, including a charter 

school that is a local educational agency, or a consortium 

of local educational agencies; 

(B) a State educational agency or other State agency 

designated by the chief executive of a State to participate 

under this subpart; 

(C) the Bureau of Indian Education; or 

(D) a partnership consisting of— 

(i) 1 or more agencies described in subparagraph 

(A), (B), or (C); and 

(ii) at least 1 nonprofit or for-profit entity. 

(2) HIGH-NEED SCHOOL.—The term ‘‘high-need school’’ 

means a public elementary school or secondary school that is 

located in an area in which the percentage of students from 


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families with incomes below the poverty line is 30 percent or 

more. 

(3) HUMAN CAPITAL MANAGEMENT SYSTEM.—The term 

‘‘human capital management system’’ means a system— 

(A) by which a local educational agency makes and implements human capital decisions, such as decisions on 

preparation, recruitment, hiring, placement, retention, dismissal, compensation, professional development, tenure, 

and promotion; and 

(B) that includes a performance-based compensation 

system. 

(4) PERFORMANCE-BASED COMPENSATION SYSTEM.—The 

term ‘‘performance-based compensation system’’ means a system of compensation for teachers, principals, or other school 

leaders— 

(A) that differentiates levels of compensation based in 

part on measurable increases in student academic achievement; and 

(B) which may include— 

(i) differentiated levels of compensation, which 

may include bonus pay, on the basis of the employment responsibilities and success of effective teachers, 

principals, or other school leaders in hard-to-staff 

schools or high-need subject areas; and 

(ii) recognition of the skills and knowledge of 

teachers, principals, or other school leaders as demonstrated through— 

(I) successful fulfillment of additional responsibilities or job functions, such as teacher leadership roles; and 

(II) evidence of professional achievement and 

mastery of content knowledge and superior teaching and leadership skills. 

SEC. 2212. ø20 U.S.C. 6632¿ TEACHER AND SCHOOL LEADER INCENTIVE 

FUND GRANTS. 

(a) GRANTS AUTHORIZED.—From the amounts reserved by the 

Secretary under section 2201(1), the Secretary shall award grants, 

on a competitive basis, to eligible entities to enable the eligible entities to develop, implement, improve, or expand performance-based 

compensation systems or human capital management systems, in 

schools served by the eligible entity. 

(b) DURATION OF GRANTS.— 

(1) IN GENERAL.—A grant awarded under this subpart 

shall be for a period of not more than 3 years. 

(2) RENEWAL.—The Secretary may renew a grant awarded 

under this subpart for a period of not more than 2 years if the 

grantee demonstrates to the Secretary that the grantee is effectively using funds. Such renewal may include allowing the 

grantee to scale up or replicate the successful program. 

(3) LIMITATION.—A local educational agency may receive 

(whether individually or as part of a consortium or partnership) a grant under this subpart, as amended by the Every 

Student Succeeds Act, only twice. 


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(c) APPLICATIONS.—An eligible entity desiring a grant under 

this subpart shall submit an application to the Secretary at such 

time and in such manner as the Secretary may reasonably require. 

The application shall include— 

(1) a description of the performance-based compensation 

system or human capital management system that the eligible 

entity proposes to develop, implement, improve, or expand 

through the grant; 

(2) a description of the most significant gaps or 

insufficiencies in student access to effective teachers, principals, or other school leaders in high-need schools, including 

gaps or inequities in how effective teachers, principals, or other 

school leaders are distributed across the local educational 

agency, as identified using factors such as data on school resources, staffing patterns, school environment, educator support systems, and other school-level factors; 

(3) a description and evidence of the support and commitment from teachers, principals, or other school leaders, which 

may include charter school leaders, in the school (including organizations representing teachers, principals, or other school 

leaders), the community, and the local educational agency to 

the activities proposed under the grant; 

(4) a description of how the eligible entity will develop and 

implement a fair, rigorous, valid, reliable, and objective process 

to evaluate teacher, principal, or other school leader performance under the system that is based in part on measures of 

student academic achievement, including the baseline performance against which evaluations of improved performance will 

be made; 

(5) a description of the local educational agencies or 

schools to be served under the grant, including such student 

academic achievement, demographic, and socioeconomic information as the Secretary may request; 

(6) a description of the effectiveness of teachers, principals, 

or other school leaders in the local educational agency and the 

schools to be served under the grant and the extent to which 

the system will increase the effectiveness of teachers, principals, or other school leaders in such schools; 

(7) a description of how the eligible entity will use grant 

funds under this subpart in each year of the grant, including 

a timeline for implementation of such activities; 

(8) a description of how the eligible entity will continue the 

activities assisted under the grant after the grant period ends; 

(9) a description of the State, local, or other public or private funds that will be used to supplement the grant, including 

funds under part A, and sustain the activities assisted under 

the grant after the end of the grant period; 

(10) a description of— 

(A) the rationale for the project; 

(B) how the proposed activities are evidence-based; 

and 

(C) if applicable, the prior experience of the eligible 

entity in developing and implementing such activities; and 


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(11) a description of how activities funded under this subpart will be evaluated, monitored, and publically reported. 

(d) AWARD BASIS.— (1) PRIORITY.—In awarding a grant under this subpart, the 

Secretary shall give priority to an eligible entity that concentrates the activities proposed to be assisted under the grant 

on teachers, principals, or other school leaders serving in highneed schools. 

(2) EQUITABLE DISTRIBUTION.—To the extent practicable, 

the Secretary shall ensure an equitable geographic distribution 

of grants under this subpart, including the distribution of such 

grants between rural and urban areas. 

(e) USE OF FUNDS.— (1) IN GENERAL.—An eligible entity that receives a grant 

under this subpart shall use the grant funds to develop, implement, improve, or expand, in collaboration with teachers, principals, other school leaders, and members of the public, a performance-based compensation system or human capital management system consistent with this subpart. 

(2) AUTHORIZED ACTIVITIES.—Grant funds under this subpart may be used for one or more of the following: 

(A) Developing or improving an evaluation and support system, including as part of a human capital management system as applicable, that— 

(i) reflects clear and fair measures of teacher, 

principal, or other school leader performance, based in 

part on demonstrated improvement in student academic achievement; and 

(ii) provides teachers, principals, or other school 

leaders with ongoing, differentiated, targeted, and personalized support and feedback for improvement, including professional development opportunities designed to increase effectiveness. 

(B) Conducting outreach within a local educational 

agency or a State to gain input on how to construct an 

evaluation and support system described in subparagraph 

(A) and to develop support for the evaluation and support 

system, including by training appropriate personnel in how 

to observe and evaluate teachers, principals, or other 

school leaders. 

(C) Providing principals or other school leaders with— 

(i) balanced autonomy to make budgeting, scheduling, and other school-level decisions in a manner 

that meets the needs of the school without compromising the intent or essential components of the policies of the local educational agency or State; and 

(ii) authority to make staffing decisions that meet 

the needs of the school, such as building an instructional leadership team that includes teacher leaders or 

offering opportunities for teams or pairs of effective 

teachers or candidates to teach or start teaching in 

high-need schools together. 

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ary structure, which may include bonuses and stipends, 

to— 

(i) teachers who— 

(I) teach in— 

(aa) high-need schools; or 

(bb) high-need subjects; 

(II) raise student academic achievement; or 

(III) take on additional leadership responsibilities; or 

(ii) principals or other school leaders who serve in 

high-need schools and raise student academic achievement in the schools. 

(E) Improving the local educational agency’s system 

and process for the recruitment, selection, placement, and 

retention of effective teachers, principals, or other school 

leaders in high-need schools, such as by improving local 

educational agency policies and procedures to ensure that 

high-need schools are competitive and timely in— 

(i) attracting, hiring, and retaining effective educators; 

(ii) offering bonuses or higher salaries to effective 

educators; or 

(iii) establishing or strengthening school leader 

residency programs and teacher residency programs. 

(F) Instituting career advancement opportunities characterized by increased responsibility and pay that reward 

and recognize effective teachers, principals, or other school 

leaders in high-need schools and enable them to expand 

their leadership and results, such as through teacher-led 

professional development, mentoring, coaching, hybrid 

roles, administrative duties, and career ladders. 

(f) MATCHING REQUIREMENT.—Each eligible entity that receives 

a grant under this subpart shall provide, from non-Federal sources, 

an amount equal to 50 percent of the amount of the grant (which 

may be provided in cash or in kind) to carry out the activities supported by the grant. 

(g) SUPPLEMENT, NOT SUPPLANT.—Grant funds provided under 

this subpart shall be used to supplement, not supplant, other Federal or State funds available to carry out activities described in this 

subpart. 

SEC. 2213. ø20 U.S.C. 6633¿ REPORTS. 

(a) ACTIVITIES SUMMARY.—Each eligible entity receiving a 

grant under this subpart shall provide to the Secretary a summary 

of the activities assisted under the grant. 

(b) REPORT.—The Secretary shall provide to Congress an annual report on the implementation of the program carried out 

under this subpart, including— 

(1) information on eligible entities that received grant 

funds under this subpart, including— 

(A) information provided by eligible entities to the Secretary in the applications submitted under section 2212(c); 

(B) the summaries received under subsection (a); and 

(C) grant award amounts; and 


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(2) student academic achievement and, as applicable, 

growth data from the schools participating in the programs 

supported under the grant. 

(c) EVALUATION AND TECHNICAL ASSISTANCE.— 

(1) RESERVATION OF FUNDS.—Of the total amount reserved 

for this subpart for a fiscal year, the Secretary may reserve for 

such fiscal year not more than 1 percent for the cost of the 

evaluation under paragraph (2) and for technical assistance in 

carrying out this subpart. 

(2) EVALUATION.—From amounts reserved under paragraph (1), the Secretary, acting through the Director of the Institute of Education Sciences, shall carry out an independent 

evaluation to measure the effectiveness of the program assisted 

under this subpart. 

(3) CONTENTS.—The evaluation under paragraph (2) shall 

measure— 

(A) the effectiveness of the program in improving student academic achievement; 

(B) the satisfaction of the participating teachers, principals, or other school leaders; and 

(C) the extent to which the program assisted the eligible entities in recruiting and retaining high-quality teachers, principals, or other school leaders, especially in highneed subject areas. 

Subpart 2—Literacy Education for All, Results for 

the Nation 

SEC. 2221. ø20 U.S.C. 6641¿ PURPOSES; DEFINITIONS. 

(a) PURPOSES.—The purposes of this subpart are— 

(1) to improve student academic achievement in reading 

and writing by providing Federal support to States to develop, 

revise, or update comprehensive literacy instruction plans that, 

when implemented, ensure high-quality instruction and effective strategies in reading and writing from early education 

through grade 12; and 

(2) for States to provide targeted subgrants to early childhood education programs and local educational agencies and 

their public or private partners to implement evidence-based 

programs that ensure high-quality comprehensive literacy instruction for students most in need. 

(b) DEFINITIONS.—In this subpart: 

(1) COMPREHENSIVE LITERACY INSTRUCTION.—The term 

‘‘comprehensive literacy instruction’’ means instruction that— 

(A) includes developmentally appropriate, contextually 

explicit, and systematic instruction, and frequent practice, 

in reading and writing across content areas; 

(B) includes age-appropriate, explicit, systematic, and 

intentional instruction in phonological awareness, phonic 

decoding, vocabulary, language structure, reading fluency, 

and reading comprehension; 

(C) includes age-appropriate, explicit instruction in 

writing, including opportunities for children to write with 


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clear purposes, with critical reasoning appropriate to the 

topic and purpose, and with specific instruction and feedback from instructional staff; 

(D) makes available and uses diverse, high-quality 

print materials that reflect the reading and development 

levels, and interests, of children; 

(E) uses differentiated instructional approaches, including individual and small group instruction and discussion; 

(F) provides opportunities for children to use language 

with peers and adults in order to develop language skills, 

including developing vocabulary; 

(G) includes frequent practice of reading and writing 

strategies; 

(H) uses age-appropriate, valid, and reliable screening 

assessments, diagnostic assessments, formative assessment processes, and summative assessments to identify a 

child’s learning needs, to inform instruction, and to monitor the child’s progress and the effects of instruction; 

(I) uses strategies to enhance children’s motivation to 

read and write and children’s engagement in self-directed 

learning; 

(J) incorporates the principles of universal design for 

learning; 

(K) depends on teachers’ collaboration in planning, instruction, and assessing a child’s progress and on continuous professional learning; and 

(L) links literacy instruction to the challenging State 

academic standards, including the ability to navigate, understand, and write about, complex print and digital subject matter. 

(2) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means an 

entity that consists of— 

(A) one or more local educational agencies that serve 

a high percentage of high-need schools and— 

(i) have the highest number or proportion of children who are counted under section 1124(c), in comparison to other local educational agencies in the 

State; 

(ii) are among the local educational agencies in 

the State with the highest number or percentages of 

children reading or writing below grade level, based on 

the most currently available State academic assessment data under section 1111(b)(2); or 

(iii) serve a significant number or percentage of 

schools that are implementing comprehensive support 

and improvement activities and targeted support and 

improvement activities under section 1111(d); 

(B) one or more early childhood education programs 

serving low-income or otherwise disadvantaged children, 

which may include home-based literacy programs for preschool-aged children, that have a demonstrated record of 

providing comprehensive literacy instruction for the age 

group such program proposes to serve; or 


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(C) a local educational agency, described in subparagraph (A), or consortium of such local educational agencies, or an early childhood education program, which may 

include home-based literacy programs for preschool-aged 

children, acting in partnership with 1 or more public or 

private nonprofit organizations or agencies (which may include early childhood education programs) that have a 

demonstrated record of effectiveness in— 

(i) improving literacy achievement of children, 

consistent with the purposes of participation under 

this subpart, from birth through grade 12; and 

(ii) providing professional development in comprehensive literacy instruction. 

(3) HIGH-NEED SCHOOL.— (A) IN GENERAL.—The term ‘‘high-need school’’ 

means— 

(i) an elementary school or middle school in which 

not less than 50 percent of the enrolled students are 

children from low-income families; or 

(ii) a high school in which not less than 40 percent 

of the enrolled students are children from low-income 

families, which may be calculated using comparable 

data from the schools that feed into the high school. 

(B) LOW-INCOME FAMILY.—For purposes of subparagraph (A), the term ‘‘low-income family’’ means a family— 

(i) in which the children are eligible for a free or 

reduced-price lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.); 

(ii) receiving assistance under the program of 

block grants to States for temporary assistance for 

needy families established under part A of title IV of 

the Social Security Act (42 U.S.C. 601 et seq.); or 

(iii) in which the children are eligible to receive 

medical assistance under the Medicaid program under 

title XIX of the Social Security Act (42 U.S.C. 1396 et 

seq.). 

SEC. 2222. ø20 U.S.C. 6642¿ COMPREHENSIVE LITERACY STATE DEVELOPMENT GRANTS. 

(a) GRANTS AUTHORIZED.—From the amounts reserved by the 

Secretary under section 2201(2) and not reserved under subsection 

(b), the Secretary shall award grants, on a competitive basis, to 

State educational agencies to enable the State educational agencies 

to— 

(1) provide subgrants to eligible entities serving a diversity 

of geographic areas, giving priority to entities serving greater 

numbers or percentages of children from low-income families; 

and 

(2) develop or enhance comprehensive literacy instruction 

plans that ensure high-quality instruction and effective strategies in reading and writing for children from early childhood 

education through grade 12, including English learners and 

children with disabilities. 

(b) RESERVATION.—From the amounts reserved to carry out 

this subpart for a fiscal year, the Secretary shall reserve— 


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(1) not more than a total of 5 percent for national activities, including a national evaluation, technical assistance and 

training, data collection, and reporting; 

(2) one half of 1 percent for the Secretary of the Interior 

to carry out a program described in this subpart at schools operated or funded by the Bureau of Indian Education; and 

(3) one half of 1 percent for the outlying areas to carry out 

a program under this subpart. 

(c) DURATION OF GRANTS.—A grant awarded under this subpart shall be for a period of not more than 5 years total. Such grant 

may be renewed for an additional 2-year period upon the termination of the initial period of the grant if the grant recipient demonstrates to the satisfaction of the Secretary that— 

(1) the State has made adequate progress; and 

(2) renewing the grant for an additional 2-year period is 

necessary to carry out the objectives of the grant described in 

subsection (d). 

(d) STATE APPLICATIONS.— (1) IN GENERAL.—A State educational agency desiring a 

grant under this subpart shall submit an application to the 

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

may require. The State educational agency shall collaborate 

with the State agency responsible for administering early 

childhood education programs and the State agency responsible 

for administering child care programs in the State in writing 

and implementing the early childhood education portion of the 

grant application under this subsection. 

(2) CONTENTS.—An application described in paragraph (1) 

shall include, at a minimum, the following: 

(A) A needs assessment that analyzes literacy needs 

across the State and in high-need schools and local educational agencies that serve high-need schools, including 

identifying the most significant gaps in literacy proficiency 

and inequities in student access to effective teachers of literacy, considering each of the subgroups of students, as defined in section 1111(c)(2). 

(B) A description of how the State educational agency, 

in collaboration with the State literacy team, if applicable, 

will develop a State comprehensive literacy instruction 

plan or will revise and update an already existing State 

comprehensive literacy instruction plan. 

(C) An implementation plan that includes a description of how the State educational agency will carry out the 

State activities described in subsection (f). 

(D) An assurance that the State educational agency 

will use implementation grant funds described in subsection (f)(1) for comprehensive literacy instruction programs as follows: 

(i) Not less than 15 percent of such grant funds 

shall be used for State and local programs and activities pertaining to children from birth through kindergarten entry. 

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ties, allocated equitably among the grades of kindergarten through grade 5. 

(iii) Not less than 40 percent of such grant funds 

shall be used for State and local programs and activities, allocated equitably among grades 6 through 12. 

(E) An assurance that the State educational agency 

will give priority in awarding a subgrant under section 

2223 to an eligible entity that— 

(i) serves children from birth through age 5 who 

are from families with income levels at or below 200 

percent of the Federal poverty line; or 

(ii) is a local educational agency serving a high 

number or percentage of high-need schools. 

(e) PRIORITY.—In awarding grants under this section, the Secretary shall give priority to State educational agencies that will use 

the grant funds for evidence-based activities, defined for the purpose of this subsection as activities meeting the requirements of 

section 8101(21)(A)(i). 

(f) STATE ACTIVITIES.— (1) IN GENERAL.—A State educational agency receiving a 

grant under this section shall use not less than 95 percent of 

such grant funds to award subgrants to eligible entities, based 

on their needs assessment and a competitive application process. 

(2) RESERVATION.—A State educational agency receiving a 

grant under this section may reserve not more than 5 percent 

for activities identified through the needs assessment and comprehensive literacy plan described in subparagraphs (A) and 

(B) of subsection (d)(2), including the following activities: 

(A) Providing technical assistance, or engaging qualified providers to provide technical assistance, to eligible 

entities to enable the eligible entities to design and implement literacy programs. 

(B) Coordinating with institutions of higher education 

in the State to provide recommendations to strengthen and 

enhance pre-service courses for students preparing to 

teach children from birth through grade 12 in explicit, systematic, and intensive instruction in evidence-based literacy methods. 

(C) Reviewing and updating, in collaboration with 

teachers and institutions of higher education, State licensure or certification standards in the area of literacy instruction in early education through grade 12. 

(D) Making publicly available, including on the State 

educational agency’s website, information on promising instructional practices to improve child literacy achievement. 

(E) Administering and monitoring the implementation 

of subgrants by eligible entities. 

(3) ADDITIONAL USES.—After carrying out the activities described in paragraphs (1) and (2), a State educational agency 

may use any remaining amount to carry out 1 or more of the 

following activities: 

(A) Developing literacy coach training programs and 

training literacy coaches. 


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(B) Administration and evaluation of activities carried 

out under this subpart. 

SEC. 2223. ø20 U.S.C. 6643¿ SUBGRANTS TO ELIGIBLE ENTITIES IN SUPPORT OF BIRTH THROUGH KINDERGARTEN ENTRY LITERACY. 

(a) SUBGRANTS.— 

(1) IN GENERAL.—A State educational agency receiving a 

grant under this subpart shall, in consultation with the State 

agencies responsible for administering early childhood education programs and services, including the State agency responsible for administering child care programs, and, if applicable, the State Advisory Council on Early Childhood Education and Care designated or established pursuant to section 

642B(b)(1)(A)(i) of the Head Start Act (42 U.S.C. 

9837b(b)(1)(A)(i)), use a portion of the grant funds, in accordance with section 2222(d)(2)(D)(i), to award subgrants, on a 

competitive basis, to eligible entities to enable the eligible entities to support high-quality early literacy initiatives for children from birth through kindergarten entry. 

(2) DURATION.—The term of a subgrant under this section 

shall be determined by the State educational agency awarding 

the subgrant and shall in no case exceed 5 years. 

(3) SUFFICIENT SIZE AND SCOPE.—Each subgrant awarded 

under this section shall be of sufficient size and scope to allow 

the eligible entity to carry out high-quality early literacy initiatives for children from birth through kindergarten entry. 

(b) LOCAL APPLICATIONS.—An eligible entity desiring to receive 

a subgrant under this section shall submit an application to the 

State educational agency, at such time, in such manner, and containing such information as the State educational agency may require. Such application shall include a description of— 

(1) how the subgrant funds will be used to enhance the 

language and literacy development and school readiness of 

children, from birth through kindergarten entry, in early childhood education programs, which shall include an analysis of 

data that support the proposed use of subgrant funds; 

(2) how the subgrant funds will be used to prepare and 

provide ongoing assistance to staff in the programs, including 

through high-quality professional development; 

(3) how the activities assisted under the subgrant will be 

coordinated with comprehensive literacy instruction at the kindergarten through grade 12 levels; and 

(4) how the subgrant funds will be used to evaluate the 

success of the activities assisted under the subgrant in enhancing the early language and literacy development of children 

from birth through kindergarten entry. 

(c) PRIORITY.—In awarding grants under this section, the State 

educational agency shall give priority to an eligible entity that will 

use the grant funds to implement evidence-based activities, defined 

for the purpose of this subsection as activities meeting the requirements of section 8101(21)(A)(i). 

(d) LOCAL USES OF FUNDS.—An eligible entity that receives a 

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sistent with the entity’s approved application under subsection (b), 

to— 

(1) carry out high-quality professional development opportunities for early childhood educators, teachers, principals, 

other school leaders, paraprofessionals, specialized instructional support personnel, and instructional leaders; 

(2) train providers and personnel to develop and administer evidence-based early childhood education literacy initiatives; and 

(3) coordinate the involvement of families, early childhood 

education program staff, principals, other school leaders, specialized instructional support personnel (as appropriate), and 

teachers in literacy development of children served under the 

subgrant. 

SEC. 2224. ø20 U.S.C. 6644¿ SUBGRANTS TO ELIGIBLE ENTITIES IN SUPPORT OF KINDERGARTEN THROUGH GRADE 12 LITERACY. 

(a) SUBGRANTS TO ELIGIBLE ENTITIES.— 

(1) SUBGRANTS.—A State educational agency receiving a 

grant under this subpart shall use a portion of the grant funds, 

in accordance with clauses (ii) and (iii) of section 2222(d)(2)(D), 

to award subgrants, on a competitive basis, to eligible entities 

to enable the eligible entities to carry out the authorized activities described in subsections (c) and (d). 

(2) DURATION.—The term of a subgrant under this section 

shall be determined by the State educational agency awarding 

the subgrant and shall in no case exceed 5 years. 

(3) SUFFICIENT SIZE AND SCOPE.—A State educational 

agency shall award subgrants under this section of sufficient 

size and scope to allow the eligible entities to carry out highquality comprehensive literacy instruction in each grade level 

for which the subgrant funds are provided. 

(4) LOCAL APPLICATIONS.—An eligible entity desiring to receive a subgrant under this section shall submit an application 

to the State educational agency at such time, in such manner, 

and containing such information as the State educational agency may require. Such application shall include, for each school 

that the eligible entity identifies as participating in a subgrant 

program under this section, the following information: 

(A) A description of the eligible entity’s needs assessment conducted to identify how subgrant funds will be 

used to inform and improve comprehensive literacy instruction at the school. 

(B) How the school, the local educational agency, or a 

provider of high-quality professional development will provide ongoing high-quality professional development to all 

teachers, principals, other school leaders, specialized instructional support personnel (as appropriate), and other 

instructional leaders served by the school. 

(C) How the school will identify children in need of literacy interventions or other support services. 

(D) An explanation of how the school will integrate 

comprehensive literacy instruction into a well-rounded 

education. 


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(E) A description of how the school will coordinate 

comprehensive literacy instruction with early childhood 

education programs and activities and after-school programs and activities in the area served by the local educational agency. 

(b) PRIORITY.—In awarding grants under this section, the State 

educational agency shall give priority to an eligible entity that will 

use funds under subsection (c) or (d) to implement evidence-based 

activities, defined for the purpose of this subsection as activities 

meeting the requirements of section 8101(21)(A)(i). 

(c) LOCAL USES OF FUNDS FOR KINDERGARTEN THROUGH GRADE

5.—An eligible entity that receives a subgrant under this section 

shall use the subgrant funds to carry out the following activities 

pertaining to children in kindergarten through grade 5: 

(1) Developing and implementing a comprehensive literacy 

instruction plan across content areas for such children that— 

(A) serves the needs of all children, including children 

with disabilities and English learners, especially children 

who are reading or writing below grade level; 

(B) provides intensive, supplemental, accelerated, and 

explicit intervention and support in reading and writing 

for children whose literacy skills are below grade level; 

and 

(C) supports activities that are provided primarily during the regular school day but that may be augmented by 

after-school and out-of-school time instruction. 

(2) Providing high-quality professional development opportunities for teachers, literacy coaches, literacy specialists, 

English as a second language specialists (as appropriate), principals, other school leaders, specialized instructional support 

personnel, school librarians, paraprofessionals, and other program staff. 

(3) Training principals, specialized instructional support 

personnel, and other local educational agency personnel to support, develop, administer, and evaluate high-quality kindergarten through grade 5 literacy initiatives. 

(4) Coordinating the involvement of early childhood education program staff, principals, other instructional leaders, 

teachers, teacher literacy teams, English as a second language 

specialists (as appropriate), special educators, school personnel, 

and specialized instructional support personnel (as appropriate) in the literacy development of children served under 

this subsection. 

(5) Engaging families and encouraging family literacy experiences and practices to support literacy development. 

(d) LOCAL USES OF FUNDS FOR GRADES 6 THROUGH 12.—An eligible entity that receives a subgrant under this section shall use 

subgrant funds to carry out the following activities pertaining to 

children in grades 6 through 12: 

(1) Developing and implementing a comprehensive literacy 

instruction plan described in subsection (c)(1) for children in 

grades 6 through 12. 

(2) Training principals, specialized instructional support 

personnel, school librarians, and other local educational agency 


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personnel to support, develop, administer, and evaluate highquality comprehensive literacy instruction initiatives for grades 

6 through 12. 

(3) Assessing the quality of adolescent comprehensive literacy instruction as part of a well-rounded education. 

(4) Providing time for teachers to meet to plan evidencebased adolescent comprehensive literacy instruction to be delivered as part of a well-rounded education. 

(5) Coordinating the involvement of principals, other instructional leaders, teachers, teacher literacy teams, English as 

a second language specialists (as appropriate), paraprofessionals, special educators, specialized instructional support 

personnel (as appropriate), and school personnel in the literacy 

development of children served under this subsection. 

(e) ALLOWABLE USES.—An eligible entity that receives a 

subgrant under this section may, in addition to carrying out the activities described in subsections (c) and (d), use subgrant funds to 

carry out the following activities pertaining to children in kindergarten through grade 12: 

(1) Recruiting, placing, training, and compensating literacy 

coaches. 

(2) Connecting out-of-school learning opportunities to inschool learning in order to improve children’s literacy achievement. 

(3) Training families and caregivers to support the improvement of adolescent literacy. 

(4) Providing for a multi-tier system of supports for literacy services. 

(5) Forming a school literacy leadership team to help implement, assess, and identify necessary changes to the literacy 

initiatives in 1 or more schools to ensure success. 

(6) Providing time for teachers (and other literacy staff, as 

appropriate, such as school librarians or specialized instructional support personnel) to meet to plan comprehensive literacy instruction. 

SEC. 2225. ø20 U.S.C. 6645¿ NATIONAL EVALUATION AND INFORMATION 

DISSEMINATION. 

(a) NATIONAL EVALUATION.—From funds reserved under section 2222(b)(1), the Director of the Institute of Education Sciences 

shall conduct a national evaluation of the grant and subgrant programs assisted under this subpart. Such evaluation shall include 

high-quality research that applies rigorous and systematic procedures to obtain valid knowledge relevant to the implementation 

and effect of the programs and shall directly coordinate with individual State evaluations of the programs’ implementation and impact. 

(b) PROGRAM IMPROVEMENT.—The Secretary shall— 

(1) provide the findings of the evaluation conducted under 

this section to State educational agencies and subgrant recipients for use in program improvement; 

(2) make such findings publicly available, including on the 

websites of the Department and the Institute of Education 

Sciences; 


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(3) submit such findings to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee 

on Education and the Workforce of the House of Representatives; and 

(4) make publicly available, in a manner consistent with 

paragraph (2), best practices for implementing evidence-based 

activities under this subpart, including evidence-based activities, defined for the purpose of this paragraph as activities 

meeting the requirements of section 8101(21)(A)(i). 

SEC. 2226. ø20 U.S.C. 6646¿ INNOVATIVE APPROACHES TO LITERACY. 

(a) IN GENERAL.—From amounts reserved under section 

2201(2), the Secretary may award grants, contracts, or cooperative 

agreements, on a competitive basis, to eligible entities for the purposes of promoting literacy programs that support the development 

of literacy skills in low-income communities, including— 

(1) developing and enhancing effective school library programs, which may include providing professional development 

for school librarians, books, and up-to-date materials to highneed schools; 

(2) early literacy services, including pediatric literacy programs through which, during well-child visits, medical providers trained in research-based methods of early language and 

literacy promotion provide developmentally appropriate books 

and recommendations to parents to encourage them to read 

aloud to their children starting in infancy; and 

(3) programs that provide high-quality books on a regular 

basis to children and adolescents from low-income communities 

to increase reading motivation, performance, and frequency. 

(b) DEFINITIONS.—In this section: 

(1) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means— 

(A) a local educational agency in which 20 percent or 

more of the students served by the local educational agency are from families with an income below the poverty line; 

(B) a consortium of such local educational agencies; 

(C) the Bureau of Indian Education; or 

(D) an eligible national nonprofit organization. 

(2) ELIGIBLE NATIONAL NONPROFIT ORGANIZATION.—The 

term ‘‘eligible national nonprofit organization’’ means an organization of national scope that— 

(A) is supported by staff, which may include volunteers, or affiliates at the State and local levels; and 

(B) demonstrates effectiveness or high-quality plans 

for addressing childhood literacy activities for the population targeted by the grant. 

Subpart 3—American History and Civics 

Education 

SEC. 2231. ø20 U.S.C. 6661¿ PROGRAM AUTHORIZED. 

(a) IN GENERAL.—From the amount reserved by the Secretary 

under section 2201(3), the Secretary is authorized to carry out an 

American history and civics education program to improve— 


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(1) the quality of American history, civics, and government 

education by educating students about the history and principles of the Constitution of the United States, including the 

Bill of Rights; and 

(2) the quality of the teaching of American history, civics, 

and government in elementary schools and secondary schools, 

including the teaching of traditional American history. 

(b) FUNDING ALLOTMENT.—Of the amount available under subsection (a) for a fiscal year, the Secretary— 

(1) shall reserve not less than 26 percent for activities 

under section 2232; and 

(2) may reserve not more than 74 percent for activities 

under section 2233. 

SEC. 2232. ø20 U.S.C. 6662¿ PRESIDENTIAL AND CONGRESSIONAL ACADEMIES FOR AMERICAN HISTORY AND CIVICS. 

(a) IN GENERAL.—From the amounts reserved under section 

2231(b)(1) for a fiscal year, the Secretary shall award not more 

than 12 grants, on a competitive basis, to— 

(1) eligible entities to establish Presidential Academies for 

the Teaching of American History and Civics (in this section 

referred to as the ‘‘Presidential Academies’’) in accordance with 

subsection (e); and 

(2) eligible entities to establish Congressional Academies 

for Students of American History and Civics (in this section referred to as the ‘‘Congressional Academies’’) in accordance with 

subsection (f). 

(b) APPLICATION.—An eligible entity that desires to receive a 

grant under subsection (a) shall submit an application to the Secretary at such time and in such manner as the Secretary may reasonably require. 

(c) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ under this section means— 

(1) an institution of higher education or nonprofit educational organization, museum, library, or research center with 

demonstrated expertise in historical methodology or the teaching of American history and civics; or 

(2) a consortium of entities described in paragraph (1). 

(d) GRANT TERMS.—Grants awarded to eligible entities under 

subsection (a) shall be for a term of not more than 5 years. 

(e) PRESIDENTIAL ACADEMIES.— 

(1) USE OF FUNDS.—Each eligible entity that receives a 

grant under subsection (a)(1) shall use the grant funds to establish a Presidential Academy that offers a seminar or institute for teachers of American history and civics, which— 

(A) provides intensive professional development opportunities for teachers of American history and civics to 

strengthen such teachers’ knowledge of the subjects of 

American history and civics; 

(B) is led by a team of primary scholars and core 

teachers who are accomplished in the field of American 

history and civics; 

(C) is conducted during the summer or other appropriate time; and 


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(D) is of not less than 2 weeks and not more than 6 

weeks in duration. 

(2) SELECTION OF TEACHERS.—Each year, each Presidential 

Academy shall select between 50 and 300 teachers of American 

history and civics from public or private elementary schools 

and secondary schools to attend the seminar or institute under 

paragraph (1). 

(3) TEACHER STIPENDS.—Each teacher selected to participate in a seminar or institute under this subsection shall be 

awarded a fixed stipend based on the length of the seminar or 

institute to ensure that such teacher does not incur personal 

costs associated with the teacher’s participation in the seminar 

or institute. 

(4) PRIORITY.—In awarding grants under subsection (a)(1), 

the Secretary shall give priority to eligible entities that coordinate or align their activities with the National Park Service 

National Centennial Parks initiative to develop innovative and 

comprehensive programs using the resources of the National 

Parks. 

(f) CONGRESSIONAL ACADEMIES.— (1) USE OF FUNDS.—Each eligible entity that receives a 

grant under subsection (a)(2) shall use the grant funds to establish a Congressional Academy that offers a seminar or institute for outstanding students of American history and civics, 

which— 

(A) broadens and deepens such students’ understanding of American history and civics; 

(B) is led by a team of primary scholars and core 

teachers who are accomplished in the field of American 

history and civics; 

(C) is conducted during the summer or other appropriate time; and 

(D) is of not less than 2 weeks and not more than 6 

weeks in duration. 

(2) SELECTION OF STUDENTS.— 

(A) IN GENERAL.—Each year, each Congressional Academy shall select between 100 and 300 eligible students to 

attend the seminar or institute under paragraph (1). 

(B) ELIGIBLE STUDENTS.—A student shall be eligible to 

attend a seminar or institute offered by a Congressional 

Academy under this subsection if the student— 

(i) is recommended by the student’s secondary 

school principal or other school leader to attend the 

seminar or institute; and 

(ii) will be a secondary school junior or senior in 

the academic year following attendance at the seminar 

or institute. 

(3) STUDENT STIPENDS.—Each student selected to participate in a seminar or institute under this subsection shall be 

awarded a fixed stipend based on the length of the seminar or 

institute to ensure that such student does not incur personal 

costs associated with the student’s participation in the seminar 

or institute. 

(g) MATCHING FUNDS.— 


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(1) IN GENERAL.—An eligible entity that receives funds 

under subsection (a) shall provide, toward the cost of the activities assisted under the grant, from non-Federal sources, an 

amount equal to 100 percent of the amount of the grant. 

(2) WAIVER.—The Secretary may waive all or part of the 

matching requirement described in paragraph (1) for any fiscal 

year for an eligible entity if the Secretary determines that applying the matching requirement would result in serious hardship or an inability to carry out the activities described in subsection (e) or (f). 

SEC. 2233. ø20 U.S.C. 6663¿ NATIONAL ACTIVITIES. 

(a) PURPOSE.—The purpose of this section is to promote new 

and existing evidence-based strategies to encourage innovative 

American history, civics and government, and geography instruction, learning strategies, and professional development activities 

and programs for teachers, principals, or other school leaders, particularly such instruction, strategies, activities, and programs that 

benefit low-income students and underserved populations. 

(b) IN GENERAL.—From the amounts reserved by the Secretary 

under section 2231(b)(2), the Secretary shall award grants, on a 

competitive basis, to eligible entities for the purposes of expanding, 

developing, implementing, evaluating, and disseminating for voluntary use, innovative, evidence-based approaches or professional 

development programs in American history, civics and government, 

and geography, which— 

(1) shall— 

(A) show potential to improve the quality of student 

achievement in, and teaching of, American history, civics 

and government, or geography, in elementary schools and 

secondary schools; and 

(B) demonstrate innovation, scalability, accountability, 

and a focus on underserved populations; and 

(2) may include— 

(A) hands-on civic engagement activities for teachers 

and students; and 

(B) programs that educate students about the history 

and principles of the Constitution of the United States, including the Bill of Rights. 

(c) PROGRAM PERIODS AND DIVERSITY OF PROJECTS.— 

(1) IN GENERAL.—A grant awarded by the Secretary to an 

eligible entity under this section shall be for a period of not 

more than 3 years. 

(2) RENEWAL.—The Secretary may renew a grant awarded 

under this section for 1 additional 2-year period. 

(3) DIVERSITY OF PROJECTS.—In awarding grants under 

this section, the Secretary shall ensure that, to the extent practicable, grants are distributed among eligible entities that will 

serve geographically diverse areas, including urban, suburban, 

and rural areas. 

(d) APPLICATIONS.—In order to receive a grant under this section, an eligible entity shall submit an application to the Secretary 

at such time and in such manner as the Secretary may reasonably 

require. 


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(e) ELIGIBLE ENTITY.—In this section, the term ‘‘eligible entity’’ 

means an institution of higher education or other nonprofit or forprofit organization with demonstrated expertise in the development 

of evidence-based approaches with the potential to improve the 

quality of American history, civics and government, or geography 

learning and teaching. 

Subpart 4—Programs of National Significance 

SEC. 2241. ø20 U.S.C. 6671¿ FUNDING ALLOTMENT. 

From the funds reserved under section 2201(4), the Secretary— 

(1) shall use not less than 74 percent to carry out activities 

under section 2242; 

(2) shall use not less than 22 percent to carry out activities 

under section 2243; 

(3) shall use not less than 2 percent to carry out activities 

under section 2244; and 

(4) may reserve not more than 2 percent to carry out activities under section 2245. 

SEC. 2242. ø20 U.S.C. 6672¿ SUPPORTING EFFECTIVE EDUCATOR DEVELOPMENT. 

(a) IN GENERAL.—From the funds reserved by the Secretary 

under section 2241(1) for a fiscal year, the Secretary shall award 

grants, on a competitive basis, to eligible entities for the purposes 

of— 

(1) providing teachers, principals, or other school leaders 

from nontraditional preparation and certification routes or 

pathways to serve in traditionally underserved local educational agencies; 

(2) providing evidence-based professional development activities that address literacy, numeracy, remedial, or other 

needs of local educational agencies and the students the agencies serve; 

(3) providing teachers, principals, or other school leaders 

with professional development activities that enhance or enable the provision of postsecondary coursework through dual or 

concurrent enrollment programs and early college high school 

settings across a local educational agency; 

(4) making freely available services and learning opportunities to local educational agencies, through partnerships and 

cooperative agreements or by making the services or opportunities publicly accessible through electronic means; or 

(5) providing teachers, principals, or other school leaders 

with evidence-based professional enhancement activities, which 

may include activities that lead to an advanced credential. 

(b) PROGRAM PERIODS AND DIVERSITY OF PROJECTS.— 

(1) IN GENERAL.—A grant awarded by the Secretary to an 

eligible entity under this section shall be for a period of not 

more than 3 years. 

(2) RENEWAL.—The Secretary may renew a grant awarded 

under this section for 1 additional 2-year period. 


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(3) DIVERSITY OF PROJECTS.—In awarding grants under 

this section, the Secretary shall ensure that, to the extent practicable, grants are distributed among eligible entities that will 

serve geographically diverse areas, including urban, suburban, 

and rural areas. 

(4) LIMITATION.—The Secretary shall not award more than 

1 grant under this section to an eligible entity during a grant 

competition. 

(c) COST-SHARING.— (1) IN GENERAL.—An eligible entity that receives a grant 

under this section shall provide, from non-Federal sources, not 

less than 25 percent of the funds for the total cost for each 

year of activities carried out under this section. 

(2) ACCEPTABLE CONTRIBUTIONS.—An eligible entity that 

receives a grant under this section may meet the requirement 

of paragraph (1) by providing contributions in cash or in kind, 

fairly evaluated, including plant, equipment, and services. 

(3) WAIVERS.—The Secretary may waive or modify the requirement of paragraph (1) in cases of demonstrated financial 

hardship. 

(d) APPLICATIONS.—In order to receive a grant under this section, an eligible entity shall submit an application to the Secretary 

at such time and in such manner as the Secretary may reasonably 

require. Such application shall include, at a minimum, a certification that the services provided by an eligible entity under the 

grant to a local educational agency or to a school served by the 

local educational agency will not result in direct fees for participating students or parents. 

(e) PRIORITY.—In awarding grants under this section, the Secretary shall give priority to an eligible entity that will implement 

evidence-based activities, defined for the purpose of this subsection 

as activities meeting the requirements of section 8101(21)(A)(i). 

(f) DEFINITION OF ELIGIBLE ENTITY.—In this section, the term 

‘‘eligible entity’’ means— 

(1) an institution of higher education that provides course 

materials or resources that are evidence-based in increasing 

academic achievement, graduation rates, or rates of postsecondary education matriculation; 

(2) a national nonprofit entity with a demonstrated record 

of raising student academic achievement, graduation rates, and 

rates of higher education attendance, matriculation, or completion, or of effectiveness in providing preparation and professional development activities and programs for teachers, principals, or other school leaders; 

(3) the Bureau of Indian Education; or 

(4) a partnership consisting of— 

(A) 1 or more entities described in paragraph (1) or 

(2); and 

(B) a for-profit entity. 

SEC. 2243. ø20 U.S.C. 6673¿ SCHOOL LEADER RECRUITMENT AND SUPPORT. 

(a) IN GENERAL.—From the funds reserved under section 

2241(2) for a fiscal year, the Secretary shall award grants, on a 

competitive basis, to eligible entities to enable such entities to imVerDate Nov 24 2008 11:50 Feb 05, 2016 Jkt 000000 PO 00000 Frm 00192 Fmt 9001 Sfmt 6601 F:\COMP\EDII\EASEAO1.BEL HOLCPC

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prove the recruitment, preparation, placement, support, and retention of effective principals or other school leaders in high-need 

schools, which may include— 

(1) developing or implementing leadership training programs designed to prepare and support principals or other 

school leaders in high-need schools, including through new or 

alternative pathways or school leader residency programs; 

(2) developing or implementing programs or activities for 

recruiting, selecting, and developing aspiring or current principals or other school leaders to serve in high-need schools; 

(3) developing or implementing programs for recruiting, 

developing, and placing school leaders to improve schools implementing comprehensive support and improvement activities 

and targeted support and improvement activities under section 

1111(d), including through cohort-based activities that build effective instructional and school leadership teams and develop 

a school culture, design, instructional program, and professional development program focused on improving student 

learning; 

(4) providing continuous professional development for principals or other school leaders in high-need schools; 

(5) developing and disseminating information on best practices and strategies for effective school leadership in high-need 

schools, such as training and supporting principals to identify, 

develop, and maintain school leadership teams using various 

leadership models; and 

(6) other evidence-based programs or activities described 

in section 2101(c)(4) or section 2103(b)(3) focused on principals 

or other school leaders in high-need schools. 

(b) PROGRAM PERIODS AND DIVERSITY OF PROJECTS.— 

(1) IN GENERAL.—A grant awarded by the Secretary to an 

eligible entity under this section shall be for a period of not 

more than 5 years. 

(2) RENEWAL.—The Secretary may renew a grant awarded 

under this section for 1 additional 2-year period. 

(3) DIVERSITY OF PROJECTS.—In awarding grants under 

this section, the Secretary shall ensure that, to the extent practicable, grants are distributed among eligible entities that will 

serve geographically diverse areas, including urban, suburban, 

and rural areas. 

(4) LIMITATION.—The Secretary shall not award more than 

1 grant under this section to an eligible entity during a grant 

competition. 

(c) COST-SHARING.— 

(1) IN GENERAL.—An eligible entity that receives a grant 

under this section shall provide, from non-Federal sources, not 

less than 25 percent of the funds for the total cost for each 

year of activities carried out under this section. 

(2) ACCEPTABLE CONTRIBUTIONS.—An eligible entity that 

receives a grant under this section may meet the requirement 

of paragraph (1) by providing contributions in cash or in kind, 

fairly evaluated, including plant, equipment, and services. 


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(3) WAIVERS.—The Secretary may waive or modify the requirement of paragraph (1) in cases of demonstrated financial 

hardship. 

(d) APPLICATIONS.—An eligible entity that desires a grant 

under this section shall submit to the Secretary an application at 

such time, and in such manner, as the Secretary may require. 

(e) PRIORITY.—In awarding grants under this section, the Secretary shall give priority to an eligible entity— 

(1) with a record of preparing or developing principals 

who— 

(A) have improved school-level student outcomes; 

(B) have become principals in high-need schools; and 

(C) remain principals in high-need schools for multiple 

years; and 

(2) who will implement evidence-based activities, defined 

for the purpose of this paragraph as activities meeting the requirements of section 8101(21)(A)(i). 

(f) DEFINITIONS.—In this section: 

(1) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means— 

(A) a local educational agency, including an educational service agency, that serves a high-need school or 

a consortium of such agencies; 

(B) a State educational agency or a consortium of such 

agencies; 

(C) a State educational agency in partnership with 1 

or more local educational agencies, or educational service 

agencies, that serve a high-need school; 

(D) the Bureau of Indian Education; or 

(E) an entity described in subparagraph (A), (B), (C), 

or (D) in partnership with 1 or more nonprofit organizations or institutions of higher education. 

(2) HIGH-NEED SCHOOL.—The term ‘‘high-need school’’ 

means— 

(A) an elementary school in which not less than 50 

percent of the enrolled students are from families with incomes below the poverty line; or 

(B) a secondary school in which not less than 40 percent of the enrolled students are from families with incomes below the poverty line. 

SEC. 2244. ø20 U.S.C. 6674¿ TECHNICAL ASSISTANCE AND NATIONAL 

EVALUATION. 

(a) IN GENERAL.—From the funds reserved under section 

2241(3) for a fiscal year, the Secretary— 

(1) shall establish, in a manner consistent with section 203 

of the Educational Technical Assistance Act of 2002 (20 U.S.C. 

9602), a comprehensive center on students at risk of not attaining full literacy skills due to a disability that meets the 

purposes of subsection (b); and 

(2) may— 

(A) provide technical assistance, which may be carried 

out directly or through grants or contracts, to States and 

local educational agencies carrying out activities under 

this part; and 


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(B) carry out evaluations of activities by States and 

local educational agencies under this part, which shall be 

conducted by a third party or by the Institute of Education 

Sciences. 

(b) PURPOSES.—The comprehensive center established by the 

Secretary under subsection (a)(1) shall— 

(1) identify or develop free or low-cost evidence-based assessment tools for identifying students at risk of not attaining 

full literacy skills due to a disability, including dyslexia impacting reading or writing, or developmental delay impacting 

reading, writing, language processing, comprehension, or executive functioning; 

(2) identify evidence-based literacy instruction, strategies, 

and accommodations, including assistive technology, designed 

to meet the specific needs of such students; 

(3) provide families of such students with information to 

assist such students; 

(4) identify or develop evidence-based professional development for teachers, paraprofessionals, principals, other school 

leaders, and specialized instructional support personnel to— 

(A) understand early indicators of students at risk of 

not attaining full literacy skills due to a disability, including dyslexia impacting reading or writing, or developmental delay impacting reading, writing, language processing, comprehension, or executive functioning; 

(B) use evidence-based screening assessments for early 

identification of such students beginning not later than 

kindergarten; and 

(C) implement evidence-based instruction designed to 

meet the specific needs of such students; and 

(5) disseminate the products of the comprehensive center 

to regionally diverse State educational agencies, local educational agencies, regional educational agencies, and schools, 

including, as appropriate, through partnerships with other 

comprehensive centers established under section 203 of the 

Educational Technical Assistance Act of 2002 (20 U.S.C. 9602), 

and regional educational laboratories established under section 

174 of the Education Sciences Reform Act of 2002 (20 U.S.C. 

9564). 

SEC. 2245. ø20 U.S.C. 6675¿ STEM MASTER TEACHER CORPS. 

(a) IN GENERAL.—From the funds reserved under section 

2241(4) for a fiscal year, the Secretary may award grants to— 

(1) State educational agencies to enable such agencies to 

support the development of a State-wide STEM master teacher 

corps; or 

(2) State educational agencies, or nonprofit organizations 

in partnership with State educational agencies, to support the 

implementation, replication, or expansion of effective science, 

technology, engineering, and mathematics professional development programs in schools across the State through collaboration with school administrators, principals, and STEM educators. 


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(b) STEM MASTER TEACHER CORPS.—In this section, the term 

‘‘STEM master teacher corps’’ means a State-led effort to elevate 

the status of the science, technology, engineering, and mathematics 

teaching profession by recognizing, rewarding, attracting, and retaining outstanding science, technology, engineering, and mathematics teachers, particularly in high-need and rural schools, by— 

(1) selecting candidates to be master teachers in the corps 

on the basis of— 

(A) content knowledge based on a screening examination; and 

(B) pedagogical knowledge of and success in teaching; 

(2) offering such teachers opportunities to— 

(A) work with one another in scholarly communities; 

and 

(B) participate in and lead high-quality professional 

development; and 

(3) providing such teachers with additional appropriate 

and substantial compensation for the work described in paragraph (2) and in the master teacher community. 

PART C—GENERAL PROVISIONS 

SEC. 2301. ø20 U.S.C. 6691¿ SUPPLEMENT, NOT SUPPLANT. 

Funds made available under this title shall be used to supplement, and not supplant, non-Federal funds that would otherwise be 

used for activities authorized under this title. 

SEC. 2302. ø20 U.S.C. 6692¿ RULES OF CONSTRUCTION. 

(a) PROHIBITION AGAINST FEDERAL MANDATES, DIRECTION, OR

CONTROL.—Nothing in this title shall be construed to authorize the 

Secretary or any other officer or employee of the Federal Government to mandate, direct, or control a State, local educational agency, or school’s— 

(1) instructional content or materials, curriculum, program 

of instruction, academic standards, or academic assessments; 

(2) teacher, principal, or other school leader evaluation 

system; 

(3) specific definition of teacher, principal, or other school 

leader effectiveness; or 

(4) teacher, principal, or other school leader professional 

standards, certification, or licensing. 

(b) SCHOOL OR DISTRICT EMPLOYEES.—Nothing in this title 

shall be construed to alter or otherwise affect the rights, remedies, 

and procedures afforded school or school district employees under 

Federal, State, or local laws (including applicable regulations or 

court orders) or under the terms of collective bargaining agreements, memoranda of understanding, or other agreements between 

such employees and their employers. 


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TITLE III—LANGUAGE INSTRUCTION 

FOR ENGLISH LEARNERS AND IMMIGRANT STUDENTS 

SEC. 3001. ø20 U.S.C. 6801¿ AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated to carry out this 

title— 

(1) $756,332,450 for fiscal year 2017; 

(2) $769,568,267 for fiscal year 2018; 

(3) $784,959,633 for fiscal year 2019; and 

(4) $884,959,633 for fiscal year 2020. 

PART A—ENGLISH LANGUAGE ACQUISITION, 

LANGUAGE ENHANCEMENT, AND ACADEMIC 

ACHIEVEMENT ACT 

SEC. 3101. ø20 U.S.C. 6811¿ SHORT TITLE. 

This part may be cited as the ‘‘English Language Acquisition, 

Language Enhancement, and Academic Achievement Act’’. 

SEC. 3102. ø20 U.S.C. 6812¿ PURPOSES. 

The purposes of this part are— 

(1) to help ensure that English learners, including immigrant children and youth, attain English proficiency and develop high levels of academic achievement in English; 

(2) to assist all English learners, including immigrant children and youth, to achieve at high levels in academic subjects 

so that all English learners can meet the same challenging 

State academic standards that all children are expected to 

meet; 

(3) to assist teachers (including preschool teachers), principals and other school leaders, State educational agencies, 

local educational agencies, and schools in establishing, implementing, and sustaining effective language instruction educational programs designed to assist in teaching English learners, including immigrant children and youth; 

(4) to assist teachers (including preschool teachers), principals and other school leaders, State educational agencies, and 

local educational agencies to develop and enhance their capacity to provide effective instructional programs designed to prepare English learners, including immigrant children and 

youth, to enter all-English instructional settings; and 

(5) to promote parental, family, and community participation in language instruction educational programs for the parents, families, and communities of English learners. 

Subpart 1—Grants and Subgrants for English Language Acquisition and Language Enhancement 

SEC. 3111. ø20 U.S.C. 6821¿ FORMULA GRANTS TO STATES. 

(a) IN GENERAL.—In the case of each State educational agency 

having a plan approved by the Secretary for a fiscal year under 


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section 3113, the Secretary shall make a grant for the year to the 

agency for the purposes specified in subsection (b). The grant shall 

consist of the allotment determined for the State educational agency under subsection (c). 

(b) USE OF FUNDS.— (1) SUBGRANTS TO ELIGIBLE ENTITIES.—The Secretary may 

make a grant under subsection (a) only if the State educational 

agency involved agrees to expend at least 95 percent of the 

State educational agency’s allotment under subsection (c) for a 

fiscal year— 

(A) to award subgrants, from allocations under section 

3114, to eligible entities to carry out the activities described in section 3115 (other than subsection (e)); and 

(B) to award subgrants under section 3114(d)(1) to eligible entities that are described in that section to carry out 

the activities described in section 3115(e). 

(2) STATE ACTIVITIES.—Subject to paragraph (3), each State 

educational agency receiving a grant under subsection (a) may 

reserve not more than 5 percent of the agency’s allotment 

under subsection (c) to carry out one or more of the following 

activities: 

(A) Establishing and implementing, with timely and 

meaningful consultation with local educational agencies 

representing the geographic diversity of the State, standardized statewide entrance and exit procedures, including 

a requirement that all students who may be English learners are assessed for such status within 30 days of enrollment in a school in the State. 

(B) Providing effective teacher and principal preparation, effective professional development activities, and 

other effective activities related to the education of English 

learners, which may include assisting teachers, principals, 

and other educators in— 

(i) meeting State and local certification and licensing requirements for teaching English learners; and 

(ii) improving teaching skills in meeting the diverse needs of English learners, including how to implement effective programs and curricula on teaching 

English learners. 

(C) Planning, evaluation, administration, and interagency coordination related to the subgrants referred to in 

paragraph (1). 

(D) Providing technical assistance and other forms of 

assistance to eligible entities that are receiving subgrants 

from a State educational agency under this subpart, including assistance in— 

(i) identifying and implementing effective language instruction educational programs and curricula 

for teaching English learners; 

(ii) helping English learners meet the same challenging State academic standards that all children are 

expected to meet; 

(iii) identifying or developing, and implementing, 

measures of English proficiency; and 


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(iv) strengthening and increasing parent, family, 

and community engagement in programs that serve 

English learners. 

(E) Providing recognition, which may include providing financial awards, to recipients of subgrants under 

section 3115 that have significantly improved the achievement and progress of English learners in meeting— 

(i) the State-designed long-term goals established 

under section 1111(c)(4)(A)(ii), including measurements of interim progress towards meeting such goals, 

based on the State’s English language proficiency assessment under section 1111(b)(2)(G); and 

(ii) the challenging State academic standards. 

(3) DIRECT ADMINISTRATIVE EXPENSES.—From the amount 

reserved under paragraph (2), a State educational agency may 

use not more than 50 percent of such amount or $175,000, 

whichever is greater, for the planning and direct administrative costs of carrying out paragraphs (1) and (2). 

(c) RESERVATIONS AND ALLOTMENTS.— 

(1) RESERVATIONS.—From the amount appropriated under 

section 3001 for each fiscal year, the Secretary shall reserve— 

(A) 0.5 percent or $5,000,000 of such amount, whichever is greater, for payments to eligible entities that are 

defined under section 3112(a) for activities, approved by 

the Secretary, consistent with this subpart; 

(B) 0.5 percent of such amount for payments to outlying areas, to be allotted in accordance with their respective needs for assistance under this subpart, as determined 

by the Secretary, for activities, approved by the Secretary, 

consistent with this subpart; and 

(C) 6.5 percent of such amount for national activities 

under sections 3131 and 3202, except that not more than 

$2,000,000 of such amount may be reserved for the National Clearinghouse for English Language Acquisition and 

Language Instruction Educational Programs described in 

section 3202. 

(2) STATE ALLOTMENTS.— 

(A) IN GENERAL.—Except as provided in subparagraph 

(B), from the amount appropriated under section 3001 for 

each fiscal year that remains after making the reservations under paragraph (1), the Secretary shall allot to each 

State educational agency having a plan approved under 

section 3113(c)— 

(i) an amount that bears the same relationship to 

80 percent of the remainder as the number of English 

learners in the State bears to the number of English 

learners in all States, as determined in accordance 

with paragraph (3)(A); and 

(ii) an amount that bears the same relationship to 

20 percent of the remainder as the number of immigrant children and youth in the State bears to the 

number of such children and youth in all States, as 

determined in accordance with paragraph (3)(B). 


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(B) MINIMUM ALLOTMENTS.—No State educational 

agency shall receive an allotment under this paragraph 

that is less than $500,000. 

(C) REALLOTMENT.—If any State educational agency 

described in subparagraph (A) does not submit a plan to 

the Secretary for a fiscal year, or submits a plan (or any 

amendment to a plan) that the Secretary, after reasonable 

notice and opportunity for a hearing, determines does not 

satisfy the requirements of this subpart, the Secretary— 

(i) shall endeavor to make the State’s allotment 

available on a competitive basis to specially qualified 

agencies within the State to satisfy the requirements 

of section 3115 (and any additional requirements that 

the Secretary may impose), consistent with the purposes of such section, and to carry out required and 

authorized activities under such section; and 

(ii) shall reallot any portion of such allotment remaining after the application of clause (i) to the remaining State educational agencies in accordance with 

subparagraph (A). 

(D) SPECIAL RULE FOR PUERTO RICO.—The total 

amount allotted to Puerto Rico for any fiscal year under 

subparagraph (A) shall not exceed 0.5 percent of the total 

amount allotted to all States for that fiscal year. 

(3) USE OF DATA FOR DETERMINATIONS.—In making State 

allotments under paragraph (2) for each fiscal year, the Secretary shall— 

(A) determine the number of English learners in a 

State and in all States, using the most accurate, up-to-date 

data, which shall be— 

(i) data available from the American Community 

Survey conducted by the Department of Commerce, 

which may be multiyear estimates; 

(ii) the number of students being assessed for 

English language proficiency, based on the State’s 

English language proficiency assessment under section 

1111(b)(2)(G), which may be multiyear estimates; or 

(iii) a combination of data available under clauses 

(i) and (ii); and 

(B) determine the number of immigrant children and 

youth in the State and in all States based only on data 

available from the American Community Survey conducted 

by the Department of Commerce, which may be multiyear 

estimates. 

SEC. 3112. ø20 U.S.C. 6822¿ NATIVE AMERICAN AND ALASKA NATIVE 

CHILDREN IN SCHOOL. 

(a) ELIGIBLE ENTITIES.—For the purpose of carrying out programs under this part for individuals served by elementary schools, 

secondary schools, and postsecondary schools operated predominately for Native American children (including Alaska Native children), the following shall be considered to be an eligible entity: 

(1) An Indian tribe. 

(2) A tribally sanctioned educational authority. 


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(3) A Native Hawaiian or Native American Pacific Islander 

native language educational organization. 

(4) An elementary school or secondary school that is operated or funded by the Bureau of Indian Education, or a consortium of such schools. 

(5) An elementary school or secondary school operated 

under a contract with or grant from the Bureau of Indian Education, in consortium with another such school or a tribal or 

community organization. 

(6) An elementary school or secondary school operated by 

the Bureau of Indian Education and an institution of higher 

education, in consortium with an elementary school or secondary school operated under a contract with or grant from the 

Bureau of Indian Education or a tribal or community organization. 

(b) SUBMISSION OF APPLICATIONS FOR ASSISTANCE.—Notwithstanding any other provision of this part, an entity that is considered to be an eligible entity under subsection (a), and that desires 

to receive Federal financial assistance under this subpart, shall 

submit an application to the Secretary. 

(c) SPECIAL RULE.—An eligible entity described in subsection 

(a) that receives Federal financial assistance pursuant to this section shall not be eligible to receive a subgrant under section 3114. 

SEC. 3113. ø20 U.S.C. 6823¿ STATE AND SPECIALLY QUALIFIED AGENCY 

PLANS. 

(a) PLAN REQUIRED.—Each State educational agency and specially qualified agency desiring a grant under this subpart shall 

submit a plan to the Secretary at such time and in such manner 

as the Secretary may require. 

(b) CONTENTS.—Each plan submitted under subsection (a) 

shall— 

(1) describe the process that the agency will use in awarding subgrants to eligible entities under section 3114(d)(1); 

(2) describe how the agency will establish and implement, 

with timely and meaningful consultation with local educational 

agencies representing the geographic diversity of the State, 

standardized, statewide entrance and exit procedures, including an assurance that all students who may be English learners are assessed for such status within 30 days of enrollment 

in a school in the State; 

(3) provide an assurance that— 

(A) the agency will ensure that eligible entities receiving a subgrant under this subpart comply with the requirement in section 1111(b)(2)(B)(ix) regarding assessment of English learners in English; 

(B) the agency will ensure that eligible entities receiving a subgrant under this subpart annually assess the 

English proficiency of all English learners participating in 

a program funded under this subpart, consistent with section 1111(b)(2)(G); 

(C) in awarding subgrants under section 3114, the 

agency will address the needs of school systems of all sizes 

and in all geographic areas, including school systems with 

rural and urban schools; 


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(D) subgrants to eligible entities under section 

3114(d)(1) will be of sufficient size and scope to allow such 

entities to carry out effective language instruction educational programs for English learners; 

(E) the agency will require an eligible entity receiving 

a subgrant under this subpart to use the subgrant in ways 

that will build such recipient’s capacity to continue to offer 

effective language instruction educational programs that 

assist English learners in meeting challenging State academic standards; 

(F) the agency will monitor each eligible entity receiving a subgrant under this subpart for compliance with applicable Federal fiscal requirements; and 

(G) the plan has been developed in consultation with 

local educational agencies, teachers, administrators of programs implemented under this subpart, parents of English 

learners, and other relevant stakeholders; 

(4) describe how the agency will coordinate its programs 

and activities under this subpart with other programs and activities under this Act and other Acts, as appropriate; 

(5) describe how each eligible entity will be given the flexibility to teach English learners— 

(A) using a high-quality, effective language instruction 

curriculum for teaching English learners; and 

(B) in the manner the eligible entity determines to be 

the most effective; 

(6) describe how the agency will assist eligible entities in 

meeting— 

(A) the State-designed long-term goals established 

under section 1111(c)(4)(A)(ii), including measurements of 

interim progress towards meeting such goals, based on the 

State’s English language proficiency assessment under section 1111(b)(2)(G); and 

(B) the challenging State academic standards; 

(7) describe how the agency will meet the unique needs of 

children and youth in the State being served through the reservation of funds under section 3114(d); and 

(8) describe— 

(A) how the agency will monitor the progress of each 

eligible entity receiving a subgrant under this subpart in 

helping English learners achieve English proficiency; and 

(B) the steps the agency will take to further assist eligible entities if the strategies funded under this subpart 

are not effective, such as providing technical assistance 

and modifying such strategies. 

(c) APPROVAL.—The Secretary, after using a peer review process, shall approve a plan submitted under subsection (a) if the plan 

meets the requirements of this section. 

(d) DURATION OF PLAN.— 

(1) IN GENERAL.—Each plan submitted by a State educational agency or specially qualified agency and approved 

under subsection (c) shall— 

(A) remain in effect for the duration of the agency’s 

participation under this subpart; and 


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(B) be periodically reviewed and revised by the agency, 

as necessary, to reflect changes to the agency’s strategies 

and programs carried out under this subpart. 

(2) ADDITIONAL INFORMATION.— 

(A) AMENDMENTS.—If the State educational agency or 

specially qualified agency amends the plan, the agency 

shall submit such amendment to the Secretary. 

(B) APPROVAL.—The Secretary shall approve such 

amendment to an approved plan, unless the Secretary determines that the amendment will result in the agency not 

meeting the requirements, or fulfilling the purposes, of 

this subpart. 

(e) CONSOLIDATED PLAN.—A plan submitted under subsection 

(a) may be submitted as part of a consolidated plan under section 

8302. 

(f) SECRETARY ASSISTANCE.—The Secretary shall provide technical assistance, if requested by the State, in the development of 

English proficiency standards and assessments. 

SEC. 3114. ø20 U.S.C. 6824¿ WITHIN-STATE ALLOCATIONS. 

(a) IN GENERAL.—After making the reservation required under 

subsection (d)(1), each State educational agency receiving a grant 

under section 3111(c)(2) shall award subgrants for a fiscal year by 

allocating in a timely manner to each eligible entity in the State 

having a plan approved under section 3116 an amount that bears 

the same relationship to the amount received under the grant and 

remaining after making such reservation as the population of 

English learners in schools served by the eligible entity bears to 

the population of English learners in schools served by all eligible 

entities in the State. 

(b) LIMITATION.—A State educational agency shall not award a 

subgrant from an allocation made under subsection (a) if the 

amount of such subgrant would be less than $10,000. 

(c) REALLOCATION.—Whenever a State educational agency determines that an amount from an allocation made to an eligible entity under subsection (a) for a fiscal year will not be used by the 

entity for the purpose for which the allocation was made, the agency shall, in accordance with such rules as it determines to be appropriate, reallocate such amount, consistent with such subsection, 

to other eligible entities in the State that the agency determines 

will use the amount to carry out that purpose. 

(d) REQUIRED RESERVATION.—A State educational agency receiving a grant under this subpart for a fiscal year— 

(1) shall reserve not more than 15 percent of the agency’s 

allotment under section 3111(c)(2) to award subgrants to eligible entities in the State that have experienced a significant increase, as compared to the average of the 2 preceding fiscal 

years, in the percentage or number of immigrant children and 

youth, who have enrolled, during the fiscal year for which the 

subgrant is made, in public and nonpublic elementary schools 

and secondary schools in the geographic areas under the jurisdiction of, or served by, such entities; and 

(2) in awarding subgrants under paragraph (1)— 


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(A) shall equally consider eligible entities that satisfy 

the requirement of such paragraph but have limited or no 

experience in serving immigrant children and youth; and 

(B) shall consider the quality of each local plan under 

section 3116 and ensure that each subgrant is of sufficient 

size and scope to meet the purposes of this part. 

SEC. 3115. ø20 U.S.C. 6825¿ SUBGRANTS TO ELIGIBLE ENTITIES. 

(a) PURPOSES OF SUBGRANTS.—A State educational agency may 

make a subgrant to an eligible entity from funds received by the 

agency under this subpart only if the entity agrees to expend the 

funds to improve the education of English learners by assisting the 

children to learn English and meet the challenging State academic 

standards. In carrying out activities with such funds, the eligible 

entity shall use effective approaches and methodologies for teaching English learners and immigrant children and youth for the following purposes: 

(1) Developing and implementing new language instruction 

educational programs and academic content instructional programs for English learners and immigrant children and youth, 

including early childhood education programs, elementary 

school programs, and secondary school programs. 

(2) Carrying out highly focused, innovative, locally designed activities to expand or enhance existing language instruction educational programs and academic content instructional programs for English learners and immigrant children 

and youth. 

(3) Implementing, within an individual school, schoolwide 

programs for restructuring, reforming, and upgrading all relevant programs, activities, and operations relating to language 

instruction educational programs and academic content instruction for English learners and immigrant children and 

youth. 

(4) Implementing, within the entire jurisdiction of a local 

educational agency, agencywide programs for restructuring, reforming, and upgrading all relevant programs, activities, and 

operations relating to language instruction educational programs and academic content instruction for English learners 

and immigrant children and youth. 

(b) DIRECT ADMINISTRATIVE EXPENSES.—Each eligible entity receiving funds under section 3114(a) for a fiscal year may use not 

more than 2 percent of such funds for the cost of administering this 

subpart. 

(c) REQUIRED SUBGRANTEE ACTIVITIES.—An eligible entity receiving funds under section 3114(a) shall use the funds— 

(1) to increase the English language proficiency of English 

learners by providing effective language instruction educational programs that meet the needs of English learners and 

demonstrate success in increasing— 

(A) English language proficiency; and 

(B) student academic achievement; 

(2) to provide effective professional development to classroom teachers (including teachers in classroom settings that 

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grams), principals and other school leaders, administrators, 

and other school or community-based organizational personnel, 

that is— 

(A) designed to improve the instruction and assessment of English learners; 

(B) designed to enhance the ability of such teachers, 

principals, and other school leaders to understand and implement curricula, assessment practices and measures, 

and instructional strategies for English learners; 

(C) effective in increasing children’s English language 

proficiency or substantially increasing the subject matter 

knowledge, teaching knowledge, and teaching skills of such 

teachers; and 

(D) of sufficient intensity and duration (which shall 

not include activities such as 1-day or short-term workshops and conferences) to have a positive and lasting impact on the teachers’ performance in the classroom, except 

that this subparagraph shall not apply to an activity that 

is one component of a long-term, comprehensive professional development plan established by a teacher and the 

teacher’s supervisor based on an assessment of the needs 

of the teacher, the supervisor, the students of the teacher, 

and any local educational agency employing the teacher, as 

appropriate; and 

(3) to provide and implement other effective activities and 

strategies that enhance or supplement language instruction 

educational programs for English learners, which— 

(A) shall include parent, family, and community engagement activities; and 

(B) may include strategies that serve to coordinate and 

align related programs. 

(d) AUTHORIZED SUBGRANTEE ACTIVITIES.—Subject to subsection (c), an eligible entity receiving funds under section 3114(a) 

may use the funds to achieve any of the purposes described in subsection (a) by undertaking 1 or more of the following activities: 

(1) Upgrading program objectives and effective instructional strategies. 

(2) Improving the instructional program for English learners by identifying, acquiring, and upgrading curricula, instructional materials, educational software, and assessment procedures. 

(3) Providing to English learners— 

(A) tutorials and academic or career and technical 

education; and 

(B) intensified instruction, which may include materials in a language that the student can understand, interpreters, and translators. 

(4) Developing and implementing effective preschool, elementary school, or secondary school language instruction educational programs that are coordinated with other relevant 

programs and services. 

(5) Improving the English language proficiency and academic achievement of English learners. 


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(6) Providing community participation programs, family 

literacy services, and parent and family outreach and training 

activities to English learners and their families— 

(A) to improve the English language skills of English 

learners; and 

(B) to assist parents and families in helping their children to improve their academic achievement and becoming 

active participants in the education of their children. 

(7) Improving the instruction of English learners, which 

may include English learners with a disability, by providing 

for— 

(A) the acquisition or development of educational technology or instructional materials; 

(B) access to, and participation in, electronic networks 

for materials, training, and communication; and 

(C) incorporation of the resources described in subparagraphs (A) and (B) into curricula and programs, such 

as those funded under this subpart. 

(8) Offering early college high school or dual or concurrent 

enrollment programs or courses designed to help English learners achieve success in postsecondary education. 

(9) Carrying out other activities that are consistent with 

the purposes of this section. 

(e) ACTIVITIES BY AGENCIES EXPERIENCING SUBSTANTIAL INCREASES IN IMMIGRANT CHILDREN AND YOUTH.— 

(1) IN GENERAL.—An eligible entity receiving funds under 

section 3114(d)(1) shall use the funds to pay for activities that 

provide enhanced instructional opportunities for immigrant 

children and youth, which may include— 

(A) family literacy, parent and family outreach, and 

training activities designed to assist parents and families 

to become active participants in the education of their children; 

(B) recruitment of, and support for, personnel, including teachers and paraprofessionals who have been specifically trained, or are being trained, to provide services to 

immigrant children and youth; 

(C) provision of tutorials, mentoring, and academic or 

career counseling for immigrant children and youth; 

(D) identification, development, and acquisition of curricular materials, educational software, and technologies to 

be used in the program carried out with awarded funds; 

(E) basic instructional services that are directly attributable to the presence of immigrant children and youth in 

the local educational agency involved, including the payment of costs of providing additional classroom supplies, 

costs of transportation, or such other costs as are directly 

attributable to such additional basic instructional services; 

(F) other instructional services that are designed to assist immigrant children and youth to achieve in elementary schools and secondary schools in the United States, 

such as programs of introduction to the educational system 

and civics education; and 


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(G) activities, coordinated with community-based organizations, institutions of higher education, private sector 

entities, or other entities with expertise in working with 

immigrants, to assist parents and families of immigrant 

children and youth by offering comprehensive community 

services. 

(2) DURATION OF SUBGRANTS.—The duration of a subgrant 

made by a State educational agency under section 3114(d)(1) 

shall be determined by the agency in its discretion. 

(f) SELECTION OF METHOD OF INSTRUCTION.— 

(1) IN GENERAL.—To receive a subgrant from a State educational agency under this subpart, an eligible entity shall select one or more methods or forms of effective instruction to be 

used in the programs and activities undertaken by the entity 

to assist English learners to attain English language proficiency and meet challenging State academic standards. 

(2) CONSISTENCY.—The selection described in paragraph 

(1) shall be consistent with sections 3124 through 3126. 

(g) SUPPLEMENT, NOT SUPPLANT.—Federal funds made available under this subpart shall be used so as to supplement the level 

of Federal, State, and local public funds that, in the absence of 

such availability, would have been expended for programs for 

English learners and immigrant children and youth and in no case 

to supplant such Federal, State, and local public funds. 

SEC. 3116. ø20 U.S.C. 6826¿ LOCAL PLANS. 

(a) PLAN REQUIRED.—Each eligible entity desiring a subgrant 

from the State educational agency under section 3114 shall submit 

a plan to the State educational agency at such time, in such manner, and containing such information as the State educational 

agency may require. 

(b) CONTENTS.—Each plan submitted under subsection (a) 

shall— 

(1) describe the effective programs and activities, including 

language instruction educational programs, proposed to be developed, implemented, and administered under the subgrant 

that will help English learners increase their English language 

proficiency and meet the challenging State academic standards; 

(2) describe how the eligible entity will ensure that elementary schools and secondary schools receiving funds under 

this subpart assist English learners in— 

(A) achieving English proficiency based on the State’s 

English language proficiency assessment under section 

1111(b)(2)(G), consistent with the State’s long-term goals, 

as described in section 1111(c)(4)(A)(ii); and 

(B) meeting the challenging State academic standards; 

(3) describe how the eligible entity will promote parent, 

family, and community engagement in the education of English 

learners; 

(4) contain assurances that— 

(A) each local educational agency that is included in 

the eligible entity is complying with section 1112(e) prior 


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to, and throughout, each school year as of the date of application; 

(B) the eligible entity is not in violation of any State 

law, including State constitutional law, regarding the education of English learners, consistent with sections 3125 

and 3126; 

(C) the eligible entity consulted with teachers, researchers, school administrators, parents and family members, community members, public or private entities, and 

institutions of higher education, in developing and implementing such plan; and 

(D) the eligible entity will, if applicable, coordinate activities and share relevant data under the plan with local 

Head Start and Early Head Start agencies, including migrant and seasonal Head Start agencies, and other early 

childhood education providers. 

(c) TEACHER ENGLISH FLUENCY.—Each eligible entity receiving 

a subgrant under section 3114 shall include in its plan a certification that all teachers in any language instruction educational 

program for English learners that is, or will be, funded under this 

part are fluent in English and any other language used for instruction, including having written and oral communications skills. 

Subpart 2—Accountability and Administration 

SEC. 3121. ø20 U.S.C. 6841¿ REPORTING. 

(a) IN GENERAL.—Each eligible entity that receives a subgrant 

from a State educational agency under subpart 1 shall provide such 

agency, at the conclusion of every second fiscal year during which 

the subgrant is received, with a report, in a form prescribed by the 

agency, on the activities conducted and children served under such 

subpart that includes— 

(1) a description of the programs and activities conducted 

by the entity with funds received under subpart 1 during the 

2 immediately preceding fiscal years, which shall include a description of how such programs and activities supplemented 

programs funded primarily with State or local funds; 

(2) the number and percentage of English learners in the 

programs and activities who are making progress toward 

achieving English language proficiency, as described in section 

1111(c)(4)(A)(ii), in the aggregate and disaggregated, at a minimum, by English learners with a disability; 

(3) the number and percentage of English learners in the 

programs and activities attaining English language proficiency 

based on State English language proficiency standards established under section 1111(b)(1)(G) by the end of each school 

year, as determined by the State’s English language proficiency assessment under section 1111(b)(2)(G); 

(4) the number and percentage of English learners who 

exit the language instruction educational programs based on 

their attainment of English language proficiency; 

(5) the number and percentage of English learners meeting 

challenging State academic standards for each of the 4 years 

after such children are no longer receiving services under this 


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part, in the aggregate and disaggregated, at a minimum, by 

English learners with a disability; 

(6) the number and percentage of English learners who 

have not attained English language proficiency within 5 years 

of initial classification as an English learner and first enrollment in the local educational agency; and 

(7) any other information that the State educational agency may require. 

(b) USE OF REPORT.—A report provided by an eligible entity 

under subsection (a) shall be used by the entity and the State educational agency for improvement of programs and activities under 

this part. 

(c) SPECIAL RULE FOR SPECIALLY QUALIFIED AGENCIES.—Each 

specially qualified agency receiving a grant under subpart 1 shall 

provide the reports described in subsection (a) to the Secretary subject to the same requirements as apply to eligible entities providing 

such evaluations to State educational agencies under such subsection. 

SEC. 3122. ø20 U.S.C. 6843¿ BIENNIAL REPORTS. 

(a) STATES.—Based upon the reports provided to a State educational agency under section 3121, each such agency that receives 

a grant under this part shall prepare and submit every second year 

to the Secretary a report on programs and activities carried out by 

the State educational agency under this part and the effectiveness 

of such programs and activities in improving the education provided to English learners. 

(b) SECRETARY.—Every second year, the Secretary shall prepare and submit to the Committee on Education and the Workforce 

of the House of Representatives and the Committee on Health, 

Education, Labor, and Pensions of the Senate a report— 

(1) on programs and activities carried out to serve English 

learners under this part, and the effectiveness of such programs and activities in improving the academic achievement 

and English proficiency of English learners; 

(2) on the types of language instruction educational programs used by local educational agencies or eligible entities receiving funding under this part to teach English learners; 

(3) containing a critical synthesis of data reported by eligible entities to States under section 3121(a); 

(4) containing a description of technical assistance and 

other assistance provided by State educational agencies under 

section 3111(b)(2)(D); 

(5) containing an estimate of the number of certified or licensed teachers working in language instruction educational 

programs and educating English learners, and an estimate of 

the number of such teachers that will be needed for the succeeding 5 fiscal years; 

(6) containing the findings of the most recent evaluation 

related to English learners carried out under section 8601; 

(7) containing the number of programs or activities, if any, 

that were terminated because the entities carrying out the programs or activities were not able to reach program goals; 


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(8) containing the number of English learners served by eligible entities receiving funding under this part who were 

transitioned out of language instruction educational programs 

funded under this part; and 

(9) containing other information gathered from the evaluations from specially qualified agencies and other reports submitted to the Secretary under this part when applicable. 

SEC. 3123. ø20 U.S.C. 6844¿ COORDINATION WITH RELATED PROGRAMS. 

In order to maximize Federal efforts aimed at serving the educational needs of English learners, the Secretary shall coordinate 

and ensure close cooperation with other entities carrying out programs serving language-minority and English learners that are administered by the Department and other agencies. The Secretary 

shall report to the Congress on parallel Federal programs in other 

agencies and departments. 

SEC. 3124. ø20 U.S.C. 6845¿ RULES OF CONSTRUCTION. 

Nothing in this part shall be construed— 

(1) to prohibit a local educational agency from serving 

English learners simultaneously with children with similar 

educational needs, in the same educational settings where appropriate; 

(2) to require a State or a local educational agency to establish, continue, or eliminate any particular type of instructional program for English learners; or 

(3) to limit the preservation or use of Native American languages. 

SEC. 3125. ø20 U.S.C. 6846¿ LEGAL AUTHORITY UNDER STATE LAW. 

Nothing in this part shall be construed to negate or supersede 

State law, or the legal authority under State law of any State agency, State entity, or State public official, over programs that are 

under the jurisdiction of the State agency, entity, or official. 

SEC. 3126. ø20 U.S.C. 6847¿ CIVIL RIGHTS. 

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

SEC. 3127. ø20 U.S.C. 6848¿ PROGRAMS FOR NATIVE AMERICANS AND 

PUERTO RICO. 

Notwithstanding any other provision of this part, programs authorized under this part that serve Native American (including Native American Pacific Islander) children and children in the Commonwealth of Puerto Rico may include programs of instruction, 

teacher training, curriculum development, evaluation, and assessment designed for Native American children learning and studying 

Native American languages and children of limited Spanish proficiency, except that an outcome of programs serving such children 

shall be increased English proficiency among such children. 

SEC. 3128. ø20 U.S.C. 6849¿ PROHIBITION. 

In carrying out this part, the Secretary shall neither mandate 

nor preclude the use of a particular curricular or pedagogical approach to educating English learners. 


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Subpart 3—National Activities 

SEC. 3131. ø20 U.S.C. 6861¿ NATIONAL PROFESSIONAL DEVELOPMENT 

PROJECT. 

The Secretary shall use funds made available under section 

3111(c)(1)(C) to award grants on a competitive basis, for a period 

of not more than 5 years, to institutions of higher education or public or private entities with relevant experience and capacity (in consortia with State educational agencies or local educational agencies) to provide for professional development activities that will improve classroom instruction for English learners and assist educational personnel working with English learners to meet high professional standards, including standards for certification and licensure as teachers who work in language instruction educational programs or serve English learners. Grants awarded under this section may be used— 

(1) for effective preservice or inservice professional development programs that will improve the qualifications and 

skills of educational personnel involved in the education of 

English learners, including personnel who are not certified or 

licensed and educational paraprofessionals, and for other activities to increase teacher and school leader effectiveness in 

meeting the needs of English learners; 

(2) for the development of curricula or other instructional 

strategies appropriate to the needs of the consortia participants involved; 

(3) to support strategies that strengthen and increase parent, family, and community member engagement in the education of English learners; 

(4) to develop, share, and disseminate effective practices in 

the instruction of English learners and in increasing the student academic achievement of English learners, such as 

through the use of technology-based programs; 

(5) in conjunction with other Federal need-based student 

financial assistance programs, for financial assistance, and 

costs related to tuition, fees, and books for enrolling in courses 

required to complete the degree involved, to meet certification 

or licensing requirements for teachers who work in language 

instruction educational programs or serve English learners; 

and 

(6) as appropriate, to support strategies that promote 

school readiness of English learners and their transition from 

early childhood education programs, such as Head Start or 

State-run preschool programs, to elementary school programs. 

PART B—GENERAL PROVISIONS 

SEC. 3201. ø20 U.S.C. 7011¿ DEFINITIONS. 

Except as otherwise provided, in this title: 

(1) CHILD.—The term ‘‘child’’ means any individual aged 3 

through 21. 

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tion of demonstrated effectiveness, Indian tribe, or tribally 

sanctioned educational authority, that is representative of a 

community or significant segments of a community and that 

provides educational or related services to individuals in the 

community. Such term includes a Native Hawaiian or Native 

American Pacific Islander native language educational organization. 

(3) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means— 

(A) one or more local educational agencies; or 

(B) one or more local educational agencies, in consortia 

or collaboration with an institution of higher education, 

educational service agency, community-based organization, 

or State educational agency. 

(4) ENGLISH LEARNER WITH A DISABILITY.—The term 

‘‘English learner with a disability’’ means an English learner 

who is also a child with a disability, as that term is defined 

in section 602 of the Individuals with Disabilities Education 

Act. 

(5) IMMIGRANT CHILDREN AND YOUTH.—The term ‘‘immigrant children and youth’’ means individuals who— 

(A) are aged 3 through 21; 

(B) were not born in any State; and 

(C) have not been attending one or more schools in 

any one or more States for more than 3 full academic 

years. 

(6) INDIAN TRIBE.—The term ‘‘Indian tribe’’ means any Indian tribe, band, nation, or other organized group or community, including any Native village or Regional Corporation or 

Village Corporation as defined in or established pursuant to 

the Alaska Native Claims Settlement Act, that is recognized as 

eligible for the special programs and services provided by the 

United States to Indians because of their status as Indians. 

(7) LANGUAGE INSTRUCTION EDUCATIONAL PROGRAM.—The 

term ‘‘language instruction educational program’’ means an instruction course— 

(A) in which an English learner is placed for the purpose of developing and attaining English proficiency, while 

meeting challenging State academic standards; and 

(B) that may make instructional use of both English 

and a child’s native language to enable the child to develop 

and attain English proficiency, and may include the participation of English proficient children if such course is 

designed to enable all participating children to become proficient in English and a second language. 

(8) NATIVE AMERICAN AND NATIVE AMERICAN LANGUAGE.— 

The terms ‘‘Native American’’ and ‘‘Native American language’’ 

shall have the meanings given such terms in section 103 of the 

Native American Languages Act. 

(9) NATIVE HAWAIIAN OR NATIVE AMERICAN PACIFIC ISLANDER NATIVE LANGUAGE EDUCATIONAL ORGANIZATION.—The 

term ‘‘Native Hawaiian or Native American Pacific Islander 

native language educational organization’’ means a nonprofit 

organization with— 


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(A) a majority of its governing board and employees 

consisting of fluent speakers of the traditional Native 

American languages used in the organization’s educational 

programs; and 

(B) not less than 5 years successful experience in providing educational services in traditional Native American 

languages. 

(10) NATIVE LANGUAGE.—The term ‘‘native language’’, 

when used with reference to an individual of limited English 

proficiency, means— 

(A) the language normally used by such individual; or 

(B) in the case of a child or youth, the language normally used by the parents of the child or youth. 

(11) PARAPROFESSIONAL.—The term ‘‘paraprofessional’’ 

means an individual who is employed in a preschool, elementary school, or secondary school under the supervision of a certified or licensed teacher, including individuals employed in 

language instruction educational programs, special education, 

and migrant education. 

(12) SPECIALLY QUALIFIED AGENCY.—The term ‘‘specially 

qualified agency’’ means an eligible entity in a State whose 

State educational agency— 

(A) does not participate in a program under subpart 1 

of part A for a fiscal year; or 

(B) submits a plan (or any amendment to a plan) that 

the Secretary, after reasonable notice and opportunity for 

a hearing, determines does not satisfy the requirements of 

such subpart. 

(13) STATE.—The term ‘‘State’’ means each of the 50 

States, the District of Columbia, and the Commonwealth of 

Puerto Rico. 

(14) TRIBALLY SANCTIONED EDUCATIONAL AUTHORITY.—The 

term ‘‘tribally sanctioned educational authority’’ means— 

(A) any department or division of education operating 

within the administrative structure of the duly constituted 

governing body of an Indian tribe; and 

(B) any nonprofit institution or organization that is— 

(i) chartered by the governing body of an Indian 

tribe to operate a school described in section 3112(a) 

or otherwise to oversee the delivery of educational 

services to members of the tribe; and 

(ii) approved by the Secretary for the purpose of 

carrying out programs under subpart 1 of part A for 

individuals served by a school described in section 

3112(a). 

SEC. 3202. ø20 U.S.C. 7013¿ NATIONAL CLEARINGHOUSE. 

(a) IN GENERAL.—The Secretary shall establish and support 

the operation of a National Clearinghouse for English Language 

Acquisition and Language Instruction Educational Programs, 

which shall collect, analyze, synthesize, and disseminate information about language instruction educational programs for English 

learners, and related programs. The National Clearinghouse 

shall— 


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(1) be administered as an adjunct clearinghouse of the 

Educational Resources Information Center Clearinghouses system supported by the Institute of Education Sciences; 

(2) coordinate activities with Federal data and information 

clearinghouses and entities operating Federal dissemination 

networks and systems; 

(3) develop a system for improving the operation and effectiveness of federally funded language instruction educational 

programs; 

(4) collect and disseminate information on— 

(A) educational research and processes related to the 

education of English learners, including English learners 

with a disability, that includes information on best practices on instructing and serving English learners; and 

(B) accountability systems that monitor the academic 

progress of English learners in language instruction educational programs, including information on academic content and English proficiency assessments for language instruction educational programs; and 

(5) publish, on an annual basis, a list of grant recipients 

under this title. 

(b) CONSTRUCTION.—Nothing in this section shall authorize the 

Secretary to hire additional personnel to execute subsection (a). 

SEC. 3203. ø20 U.S.C. 7014¿ REGULATIONS. 

In developing regulations under this title, the Secretary shall 

consult with State educational agencies and local educational agencies, organizations representing English learners, and organizations representing teachers and other personnel involved in the 

education of English learners. 

TITLE IV—21ST CENTURY SCHOOLS 

PART A—STUDENT SUPPORT AND ACADEMIC 

ENRICHMENT GRANTS 

SEC. 4001. ø20 U.S.C. 7101¿ GENERAL PROVISIONS. 

(a) PARENTAL CONSENT.— 

(1) IN GENERAL.— 

(A) INFORMED WRITTEN CONSENT.—A State, local educational agency, or other entity receiving funds under this 

title shall obtain prior written, informed consent from the 

parent of each child who is under 18 years of age to participate in any mental-health assessment or service that is 

funded under this title and conducted in connection with 

an elementary school or secondary school under this title. 

(B) CONTENTS.—Before obtaining the consent described in subparagraph (A), the entity shall provide the 

parent written notice describing in detail such mental 

health assessment or service, including the purpose for 

such assessment or service, the provider of such assessment or service, when such assessment or service will 

begin, and how long such assessment or service may last. 


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(C) LIMITATION.—The informed written consent required under this paragraph shall not be a waiver of any 

rights or protections under section 444 of the General Education Provisions Act (20 U.S.C. 1232g). 

(2) EXCEPTION.—Notwithstanding paragraph (1)(A), the 

written, informed consent described in such paragraph shall 

not be required in— 

(A) an emergency, where it is necessary to protect the 

immediate health and safety of the child, other children, or 

entity personnel; or 

(B) other instances in which an entity actively seeks 

parental consent but such consent cannot be reasonably 

obtained, as determined by the State or local educational 

agency, including in the case of— 

(i) a child whose parent has not responded to the 

notice described in paragraph (1)(B); or 

(ii) a child who has attained 14 years of age and 

is an unaccompanied youth, as defined in section 725 

of the McKinney-Vento Homeless Assistance Act (42 

U.S.C. 11434a). 

(b) PROHIBITED USE OF FUNDS.—No funds under this title may 

be used for medical services or drug treatment or rehabilitation, except for integrated student supports, specialized instructional support services, or referral to treatment for impacted students, which 

may include students who are victims of, or witnesses to, crime or 

who illegally use drugs. 

(c) PROHIBITION ON MANDATORY MEDICATION.—No child shall 

be required to obtain a prescription for a controlled substance, as 

defined in section 102 of the Controlled Substances Act (21 U.S.C. 

802) as a condition of— 

(1) receiving an evaluation or other service described 

under this title; or 

(2) attending a school receiving assistance under this title. 

Subpart 1—Student Support and Academic 

Enrichment Grants 

SEC. 4101. ø20 U.S.C. 7111¿ PURPOSE. 

The purpose of this subpart is to improve students’ academic 

achievement by increasing the capacity of States, local educational 

agencies, schools, and local communities to— 

(1) provide all students with access to a well-rounded education; 

(2) improve school conditions for student learning; and 

(3) improve the use of technology in order to improve the 

academic achievement and digital literacy of all students. 

SEC. 4102. ø20 U.S.C. 7112¿ DEFINITIONS. 

In this subpart: 

(1) BLENDED LEARNING.—The term ‘‘blended learning’’ 

means a formal education program that leverages both technology-based and face-to-face instructional approaches— 

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led learning, in which the elements are connected to provide an integrated learning experience; and 

(B) in which students are provided some control over 

time, path, or pace. 

(2) CONTROLLED SUBSTANCE.—The term ‘‘controlled substance’’ means a drug or other substance identified under 

Schedule I, II, III, IV, or V in section 202(c) of the Controlled 

Substances Act (21 U.S.C. 812(c)). 

(3) DIGITAL LEARNING.—The term ‘‘digital learning’’ means 

any instructional practice that effectively uses technology to 

strengthen a student’s learning experience and encompasses a 

wide spectrum of tools and practices, including— 

(A) interactive learning resources, digital learning content (which may include openly licensed content), software, 

or simulations, that engage students in academic content; 

(B) access to online databases and other primary 

source documents; 

(C) the use of data and information to personalize 

learning and provide targeted supplementary instruction; 

(D) online and computer-based assessments; 

(E) learning environments that allow for rich collaboration and communication, which may include student collaboration with content experts and peers; 

(F) hybrid or blended learning, which occurs under direct instructor supervision at a school or other location 

away from home and, at least in part, through online delivery of instruction with some element of student control 

over time, place, path, or pace; and 

(G) access to online course opportunities for students 

in rural or remote areas. 

(4) DRUG.—The term ‘‘drug’’ includes— 

(A) controlled substances; 

(B) the illegal use of alcohol or tobacco, including 

smokeless tobacco products and electronic cigarettes; and 

(C) the harmful, abusive, or addictive use of substances, including inhalants and anabolic steroids. 

(5) DRUG AND VIOLENCE PREVENTION.—The term ‘‘drug and 

violence prevention’’ means— 

(A) with respect to drugs, prevention, early intervention, rehabilitation referral, recovery support services, or 

education related to the illegal use of drugs, such as raising awareness about the consequences of drug use that are 

evidence-based (to the extent a State, in consultation with 

local educational agencies in the State, determines that 

such evidence is reasonably available); and 

(B) with respect to violence, the promotion of school 

safety, such that students and school personnel are free 

from violent and disruptive acts, including sexual harassment and abuse, and victimization associated with prejudice and intolerance, on school premises, going to and from 

school, and at school-sponsored activities, through the creation and maintenance of a school environment that is free 

of weapons and fosters individual responsibility and respect for the rights of others. 


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(6) SCHOOL-BASED MENTAL HEALTH SERVICES PROVIDER.— 

The term ‘‘school-based mental health services provider’’ includes a State-licensed or State-certified school counselor, 

school psychologist, school social worker, or other State licensed or certified mental health professional qualified under 

State law to provide mental health services to children and 

adolescents. 

(7) STATE.—The term ‘‘State’’ means each of the 50 States, 

the District of Columbia, and the Commonwealth of Puerto 

Rico. 

(8) STEM-FOCUSED SPECIALTY SCHOOL.—The term ‘‘STEMfocused specialty school’’ means a school, or dedicated program 

within a school, that engages students in rigorous, relevant, 

and integrated learning experiences focused on science, technology, engineering, and mathematics, including computer 

science, which include authentic schoolwide research. 

SEC. 4103. ø20 U.S.C. 7113¿ FORMULA GRANTS TO STATES. 

(a) RESERVATIONS.—From the total amount appropriated under 

section 4112 for a fiscal year, the Secretary shall reserve— 

(1) one-half of 1 percent for allotments for payments to the 

outlying areas, to be distributed among those outlying areas on 

the basis of their relative need, as determined by the Secretary, in accordance with the purpose of this subpart; 

(2) one-half of 1 percent for the Secretary of the Interior 

for programs under this subpart in schools operated or funded 

by the Bureau of Indian Education; and 

(3) 2 percent for technical assistance and capacity building. 

(b) STATE ALLOTMENTS.— 

(1) ALLOTMENT.— 

(A) IN GENERAL.—Subject to subparagraphs (B) and 

(C), from the amount appropriated to carry out this subpart that remains after the Secretary makes the reservations under subsection (a), the Secretary shall allot to each 

State having a plan approved under subsection (c), an 

amount that bears the same relationship to the remainder 

as the amount the State received under subpart 2 of part 

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

amount all States received under that subpart for the preceding fiscal year. 

(B) SMALL STATE MINIMUM.—No State receiving an allotment under this paragraph shall receive less than onehalf of 1 percent of the total amount allotted under this 

paragraph. 

(C) PUERTO RICO.—The amount allotted under this 

paragraph to the Commonwealth of Puerto Rico for a fiscal 

year may not exceed one-half of 1 percent of the total 

amount allotted under this paragraph. 

(2) REALLOTMENT.—If a State does not receive an allotment under this subpart for a fiscal year, the Secretary shall 

reallot the amount of the State’s allotment to the remaining 

States in accordance with this subsection. 

(c) STATE PLAN.— 


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(1) IN GENERAL.—In order to receive an allotment under 

this section for any fiscal year, a State shall submit a plan to 

the Secretary, at such time and in such manner as the Secretary may reasonably require. 

(2) CONTENTS.—Each plan submitted by a State under this 

section shall include the following: 

(A) A description of how the State educational agency 

will use funds received under this subpart for State-level 

activities. 

(B) A description of how the State educational agency 

will ensure that awards made to local educational agencies 

under this subpart are in amounts that are consistent with 

section 4105(a)(2). 

(C) Assurances that the State educational agency 

will— 

(i) review existing resources and programs across 

the State and will coordinate any new plans and resources under this subpart with such existing resources and programs; 

(ii) monitor the implementation of activities under 

this subpart and provide technical assistance to local 

educational agencies in carrying out such activities; 

and 

(iii) provide for equitable access for all students to 

the activities supported under this subpart, including 

aligning those activities with the requirements of 

other Federal laws. 

SEC. 4104. ø20 U.S.C. 7114¿ STATE USE OF FUNDS. 

(a) IN GENERAL.—Each State that receives an allotment under 

section 4103 for a fiscal year shall— 

(1) reserve not less than 95 percent of the allotment to 

make allocations to local educational agencies under section 

4105; 

(2) reserve not more than 1 percent of the allotment for 

the administrative costs of carrying out its responsibilities 

under this subpart, including public reporting on how funds 

made available under this subpart are being expended by local 

educational agencies, including the degree to which the local 

educational agencies have made progress toward meeting the 

objectives and outcomes described in section 4106(e)(1)(E); and 

(3) use the amount made available to the State and not reserved under paragraphs (1) and (2) for activities described in 

subsection (b). 

(b) STATE ACTIVITIES.—Each State that receives an allotment 

under section 4103 shall use the funds available under subsection 

(a)(3) for activities and programs designed to meet the purposes of 

this subpart, which may include— 

(1) providing monitoring of, and training, technical assistance, and capacity building to, local educational agencies that 

receive an allotment under section 4105; 

(2) identifying and eliminating State barriers to the coordination and integration of programs, initiatives, and funding 

streams that meet the purposes of this subpart, so that local 


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educational agencies can better coordinate with other agencies, 

schools, and community-based services and programs; or 

(3) supporting local educational agencies in providing programs and activities that— 

(A) offer well-rounded educational experiences to all 

students, as described in section 4107, including female 

students, minority students, English learners, children 

with disabilities, and low-income students who are often 

underrepresented in critical and enriching subjects, which 

may include— 

(i) increasing student access to and improving student engagement and achievement in— 

(I) high-quality courses in science, technology, 

engineering, and mathematics, including computer 

science; 

(II) activities and programs in music and the 

arts; 

(III) foreign languages; 

(IV) accelerated learning programs that provide— 

(aa) postsecondary level courses accepted 

for credit at institutions of higher education, 

including dual or concurrent enrollment programs, and early college high schools; or 

(bb) postsecondary level instruction and 

examinations that are accepted for credit at 

institutions of higher education, including Advanced Placement and International Baccalaureate programs; 

(V) American history, civics, economics, geography, social studies, or government education; 

(VI) environmental education; or 

(VII) other courses, activities, and programs 

or other experiences that contribute to a wellrounded education; or 

(ii) reimbursing low-income students to cover part 

or all of the costs of accelerated learning examination 

fees, as described in clause (i)(IV); 

(B) foster safe, healthy, supportive, and drug-free environments that support student academic achievement, as 

described in section 4108, which may include— 

(i) coordinating with any local educational agencies or consortia of such agencies implementing a 

youth PROMISE plan to reduce exclusionary discipline, as described in section 4108(5)(F); 

(ii) supporting local educational agencies to— 

(I) implement mental health awareness training programs that are evidence-based (to the extent the State determines that such evidence is 

reasonably available) to provide education to 

school personnel regarding resources available in 

the community for students with mental illnesses 

and other relevant resources relating to mental 


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health or the safe de-escalation of crisis situations 

involving a student with a mental illness; or 

(II) expand access to or coordinate resources 

for school-based counseling and mental health 

programs, such as through school-based mental 

health services partnership programs; 

(iii) providing local educational agencies with resources that are evidence-based (to the extent the 

State determines that such evidence is reasonably 

available) addressing ways to integrate health and 

safety practices into school or athletic programs; and 

(iv) disseminating best practices and evaluating 

program outcomes relating to any local educational 

agency activities to promote student safety and violence prevention through effective communication as 

described in section 4108(5)(C)(iv); and 

(C) increase access to personalized, rigorous learning 

experiences supported by technology by— 

(i) providing technical assistance to local educational agencies to improve the ability of local educational agencies to— 

(I) identify and address technology readiness 

needs, including the types of technology infrastructure and access available to the students 

served by the local educational agency, including 

computer devices, access to school libraries, Internet connectivity, operating systems, software, related network infrastructure, and data security; 

(II) use technology, consistent with the principles of universal design for learning, to support 

the learning needs of all students, including children with disabilities and English learners; and 

(III) build capacity for principals, other school 

leaders, and local educational agency administrators to support teachers in using data and technology to improve instruction and personalize 

learning; 

(ii) supporting schools in rural and remote areas 

to expand access to high-quality digital learning opportunities; 

(iii) developing or using strategies that are innovative or evidence-based (to the extent the State determines that such evidence is reasonably available) for 

the delivery of specialized or rigorous academic 

courses and curricula through the use of technology, 

including digital learning technologies and assistive 

technology, which may include increased access to online dual or concurrent enrollment opportunities, career and technical courses, and programs leading to a 

recognized postsecondary credential (as defined in section 3 of the Workforce Innovation and Opportunity 

Act (29 U.S.C. 3102)); 

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tion and implementation of technology tools and applications, including through making such promising 

practices publicly available on the website of the State 

educational agency; 

(v) providing teachers, paraprofessionals, school librarians and media personnel, specialized instructional support personnel, and administrators with the 

knowledge and skills to use technology effectively, including effective integration of technology, to improve 

instruction and student achievement, which may include coordination with teacher, principal, and other 

school leader preparation programs; and 

(vi) making instructional content widely available 

through open educational resources, which may include providing tools and processes to support local 

educational agencies in making such resources widely 

available. 

(c) SPECIAL RULE.—A State that receives a grant under this 

subpart for fiscal year 2017 may use the amount made available 

to the State and not reserved under paragraphs (1) and (2) of subsection (a) for such fiscal year to cover part or all of the fees for 

accelerated learning examinations taken by low-income students 

during the 2016-2017 school year, in accordance with subsection 

(b)(3)(A)(ii). 

SEC. 4105. ø20 U.S.C. 7115¿ ALLOCATIONS TO LOCAL EDUCATIONAL 

AGENCIES. 

(a) ALLOCATIONS TO LOCAL EDUCATIONAL AGENCIES.— 

(1) IN GENERAL.—From the funds reserved by a State 

under section 4104(a)(1), the State shall allocate to each local 

educational agency in the State that has an application approved by the State educational agency under section 4106 an 

amount that bears the same relationship to the total amount 

of such reservation as the amount the local educational agency 

received under subpart 2 of part A of title I for the preceding 

fiscal year bears to the total amount received by all local educational agencies in the State under such subpart for the preceding fiscal year. 

(2) MINIMUM LOCAL EDUCATIONAL AGENCY ALLOCATION.— 

No allocation to a local educational agency under this subsection may be made in an amount that is less than $10,000, 

subject to subsection (b). 

(3) CONSORTIA.—Local educational agencies in a State may 

form a consortium with other surrounding local educational 

agencies and combine the funds each such agency in the consortium receives under this section to jointly carry out the local 

activities described in this subpart. 

(b) RATABLE REDUCTION.—If the amount reserved by the State 

under section 4104(a)(1) is insufficient to make allocations to local 

educational agencies in an amount equal to the minimum allocation described in subsection (a)(2), such allocations shall be ratably 

reduced. 

(c) ADMINISTRATIVE COSTS.—Of the amount received under 

subsection (a)(2), a local educational agency may reserve not more 


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than 2 percent for the direct administrative costs of carrying out 

the local educational agency’s responsibilities under this subpart. 

SEC. 4106. ø20 U.S.C. 7116¿ LOCAL EDUCATIONAL AGENCY APPLICATIONS. 

(a) ELIGIBILITY.—To be eligible to receive an allocation under 

section 4105(a), a local educational agency shall— 

(1) submit an application, which shall contain, at a minimum, the information described in subsection (e), to the State 

educational agency at such time, in such manner, and containing such information as the State educational agency may 

reasonably require; and 

(2) complete a needs assessment in accordance with subsection (d). 

(b) CONSORTIUM.—If a local educational agency desires to carry 

out the activities described in this subpart in consortium with one 

or more surrounding local educational agencies as described in section 4105(a)(3), such local educational agencies shall submit a single application as required under subsection (a). 

(c) CONSULTATION.— (1) IN GENERAL.—A local educational agency, or consortium 

of such agencies, shall develop its application through consultation with parents, teachers, principals, other school leaders, specialized instructional support personnel, students, community-based organizations, local government representatives 

(which may include a local law enforcement agency, local juvenile court, local child welfare agency, or local public housing 

agency), Indian tribes or tribal organizations that may be located in the region served by the local educational agency 

(where applicable), charter school teachers, principals, and 

other school leaders (if such agency or consortium of such 

agencies supports charter schools), and others with relevant 

and demonstrated expertise in programs and activities designed to meet the purpose of this subpart. 

(2) CONTINUED CONSULTATION.—The local educational 

agency, or consortium of such agencies, shall engage in continued consultation with the entities described in paragraph (1) in 

order to improve the local activities in order to meet the purpose of this subpart and to coordinate such implementation 

with other related strategies, programs, and activities being 

conducted in the community. 

(d) NEEDS ASSESSMENT.— 

(1) IN GENERAL.—Except as provided in paragraph (2) and 

prior to receiving an allocation under this subpart, a local educational agency or consortium of such agencies shall conduct a 

comprehensive needs assessment of the local educational agency or agencies proposed to be served under this subpart in 

order to examine needs for improvement of— 

(A) access to, and opportunities for, a well-rounded 

education for all students; 

(B) school conditions for student learning in order to 

create a healthy and safe school environment; and 

(C) access to personalized learning experiences supported by technology and professional development for the 

effective use of data and technology. 


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(2) EXCEPTION.—A local educational agency receiving an 

allocation under section 4105(a) in an amount that is less than 

$30,000 shall not be required to conduct a comprehensive 

needs assessment under paragraph (1). 

(3) FREQUENCY OF NEEDS ASSESSMENT.—Each local educational agency, or consortium of local educational agencies, 

shall conduct the needs assessment described in paragraph (1) 

once every 3 years. 

(e) CONTENTS OF LOCAL APPLICATION.—Each application submitted under this section by a local educational agency, or a consortium of such agencies, shall include the following: 

(1) DESCRIPTIONS.—A description of the activities and programming that the local educational agency, or consortium of 

such agencies, will carry out under this subpart, including a 

description of— 

(A) any partnership with an institution of higher education, business, nonprofit organization, community-based 

organization, or other public or private entity with a demonstrated record of success in implementing activities 

under this subpart; 

(B) if applicable, how funds will be used for activities 

related to supporting well-rounded education under section 

4107; 

(C) if applicable, how funds will be used for activities 

related to supporting safe and healthy students under section 4108; 

(D) if applicable, how funds will be used for activities 

related to supporting the effective use of technology in 

schools under section 4109; and 

(E) the program objectives and intended outcomes for 

activities under this subpart, and how the local educational agency, or consortium of such agencies, will periodically evaluate the effectiveness of the activities carried 

out under this section based on such objectives and outcomes. 

(2) ASSURANCES.—Each application shall include assurances that the local educational agency, or consortium of such 

agencies, will— 

(A) prioritize the distribution of funds to schools 

served by the local educational agency, or consortium of 

such agencies, that— 

(i) are among the schools with the greatest needs, 

as determined by such local educational agency, or 

consortium; 

(ii) have the highest percentages or numbers of 

children counted under section 1124(c); 

(iii) are identified for comprehensive support and 

improvement under section 1111(c)(4)(D)(i); 

(iv) are implementing targeted support and improvement plans as described in section 1111(d)(2); or 

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(B) comply with section 8501 (regarding equitable participation by private school children and teachers); 

(C) use not less than 20 percent of funds received 

under this subpart to support one or more of the activities 

authorized under section 4107; 

(D) use not less than 20 percent of funds received 

under this subpart to support one or more activities authorized under section 4108; 

(E) use a portion of funds received under this subpart 

to support one or more activities authorized under section 

4109(a), including an assurance that the local educational 

agency, or consortium of local educational agencies, will 

comply with section 4109(b); and 

(F) annually report to the State for inclusion in the report described in section 4104(a)(2) how funds are being 

used under this subpart to meet the requirements of subparagraphs (C) through (E). 

(f) SPECIAL RULE.—Any local educational agency receiving an 

allocation under section 4105(a)(1) in an amount less than $30,000 

shall be required to provide only one of the assurances described 

in subparagraphs (C), (D), and (E) of subsection (e)(2). 

SEC. 4107. ø20 U.S.C. 7117¿ ACTIVITIES TO SUPPORT WELL-ROUNDED 

EDUCATIONAL OPPORTUNITIES. 

(a) IN GENERAL.—Subject to section 4106(f), each local educational agency, or consortium of such agencies, that receives an allocation under section 4105(a) shall use a portion of such funds to 

develop and implement programs and activities that support access 

to a well-rounded education and that— 

(1) are coordinated with other schools and communitybased services and programs; 

(2) may be conducted in partnership with an institution of 

higher education, business, nonprofit organization, communitybased organization, or other public or private entity with a 

demonstrated record of success in implementing activities 

under this section; and 

(3) may include programs and activities, such as— 

(A) college and career guidance and counseling programs, such as— 

(i) postsecondary education and career awareness 

and exploration activities; 

(ii) training counselors to effectively use labor 

market information in assisting students with postsecondary education and career planning; and 

(iii) financial literacy and Federal financial aid 

awareness activities; 

(B) programs and activities that use music and the 

arts as tools to support student success through the promotion of constructive student engagement, problem solving, and conflict resolution; 

(C) programming and activities to improve instruction 

and student engagement in science, technology, engineering, and mathematics, including computer science, (referred to in this section as ‘‘STEM subjects’’) such as— 


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(i) increasing access for students through grade 12 

who are members of groups underrepresented in such 

subject fields, such as female students, minority students, English learners, children with disabilities, and 

economically disadvantaged students, to high-quality 

courses; 

(ii) supporting the participation of low-income students in nonprofit competitions related to STEM subjects (such as robotics, science research, invention, 

mathematics, computer science, and technology competitions); 

(iii) providing hands-on learning and exposure to 

science, technology, engineering, and mathematics and 

supporting the use of field-based or service learning to 

enhance the students’ understanding of the STEM 

subjects; 

(iv) supporting the creation and enhancement of 

STEM-focused specialty schools; 

(v) facilitating collaboration among school, afterschool program, and informal program personnel to 

improve the integration of programming and instruction in the identified subjects; and 

(vi) integrating other academic subjects, including 

the arts, into STEM subject programs to increase participation in STEM subjects, improve attainment of 

skills related to STEM subjects, and promote wellrounded education; 

(D) efforts to raise student academic achievement 

through accelerated learning programs described in section 

4104(b)(3)(A)(i)(IV), such as— 

(i) reimbursing low-income students to cover part 

or all of the costs of accelerated learning examination 

fees, if the low-income students are enrolled in accelerated learning courses and plan to take accelerated 

learning examinations; or 

(ii) increasing the availability of, and enrollment 

in, accelerated learning courses, accelerated learning 

examinations, dual or concurrent enrollment programs, and early college high school courses; 

(E) activities to promote the development, implementation, and strengthening of programs to teach traditional 

American history, civics, economics, geography, or government education; 

(F) foreign language instruction; 

(G) environmental education; 

(H) programs and activities that promote volunteerism 

and community involvement; 

(I) programs and activities that support educational 

programs that integrate multiple disciplines, such as programs that combine arts and mathematics; or 

(J) other activities and programs to support student 

access to, and success in, a variety of well-rounded education experiences. 


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(b) SPECIAL RULE.—A local educational agency, or consortium 

of such agencies, that receives a subgrant under this subpart for 

fiscal year 2017 may use such funds to cover part or all of the fees 

for accelerated learning examinations taken by low-income students during the 2016-2017 school year, in accordance with subsection (a)(3)(D). 

SEC. 4108. ø20 U.S.C. 7118¿ ACTIVITIES TO SUPPORT SAFE AND 

HEALTHY STUDENTS. 

Subject to section 4106(f), each local educational agency, or 

consortium of such agencies, that receives an allocation under section 4105(a) shall use a portion of such funds to develop, implement, and evaluate comprehensive programs and activities that— 

(1) are coordinated with other schools and communitybased services and programs; 

(2) foster safe, healthy, supportive, and drug-free environments that support student academic achievement; 

(3) promote the involvement of parents in the activity or 

program; 

(4) may be conducted in partnership with an institution of 

higher education, business, nonprofit organization, communitybased organization, or other public or private entity with a 

demonstrated record of success in implementing activities described in this section; and 

(5) may include, among other programs and activities— 

(A) drug and violence prevention activities and programs that are evidence-based (to the extent the State, in 

consultation with local educational agencies in the State, 

determines that such evidence is reasonably available) including— 

(i) programs to educate students against the use 

of alcohol, tobacco, marijuana, smokeless tobacco products, and electronic cigarettes; and 

(ii) professional development and training for 

school and specialized instructional support personnel 

and interested community members in prevention, 

education, early identification, intervention mentoring, 

recovery support services and, where appropriate, rehabilitation referral, as related to drug and violence 

prevention; 

(B) in accordance with sections 4001 and 4111— 

(i) school-based mental health services, including 

early identification of mental health symptoms, drug 

use, and violence, and appropriate referrals to direct 

individual or group counseling services, which may be 

provided by school-based mental health services providers; and 

(ii) school-based mental health services partnership programs that— 

(I) are conducted in partnership with a public 

or private mental health entity or health care entity; and 

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ment for school and community personnel working 

in the school that are— 

(aa) based on trauma-informed practices 

that are evidence-based (to the extent the 

State, in consultation with local educational 

agencies in the State, determines that such 

evidence is reasonably available); 

(bb) coordinated (where appropriate) with 

early intervening services provided under the 

Individuals with Disabilities Education Act 

(20 U.S.C. 1400 et seq.); and 

(cc) provided by qualified mental and behavioral health professionals who are certified 

or licensed by the State involved and practicing within their area of expertise; 

(C) programs or activities that— 

(i) integrate health and safety practices into 

school or athletic programs; 

(ii) support a healthy, active lifestyle, including 

nutritional education and regular, structured physical 

education activities and programs, that may address 

chronic disease management with instruction led by 

school nurses, nurse practitioners, or other appropriate specialists or professionals to help maintain the 

well-being of students; 

(iii) help prevent bullying and harassment; 

(iv) improve instructional practices for developing 

relationship-building skills, such as effective communication, and improve safety through the recognition 

and prevention of coercion, violence, or abuse, including teen and dating violence, stalking, domestic abuse, 

and sexual violence and harassment; 

(v) provide mentoring and school counseling to all 

students, including children who are at risk of academic failure, dropping out of school, involvement in 

criminal or delinquent activities, or drug use and 

abuse; 

(vi) establish or improve school dropout and reentry programs; or 

(vii) establish learning environments and enhance 

students’ effective learning skills that are essential for 

school readiness and academic success, such as by providing integrated systems of student and family supports; 

(D) high-quality training for school personnel, including specialized instructional support personnel, related 

to— 

(i) suicide prevention; 

(ii) effective and trauma-informed practices in 

classroom management; 

(iii) crisis management and conflict resolution 

techniques; 

(iv) human trafficking (defined, for purposes of 

this subparagraph, as an act or practice described in 


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paragraph (9) or (10) of section 103 of the Trafficking 

Victims Protection Act of 2000 (22 U.S.C. 7102)); 

(v) school-based violence prevention strategies; 

(vi) drug abuse prevention, including educating 

children facing substance abuse at home; and 

(vii) bullying and harassment prevention; 

(E) in accordance with sections 4001 and 4111, child 

sexual abuse awareness and prevention programs or activities, such as programs or activities designed to provide— 

(i) age-appropriate and developmentally-appropriate instruction for students in child sexual abuse 

awareness and prevention, including how to recognize 

child sexual abuse and how to safely report child sexual abuse; and 

(ii) information to parents and guardians of students about child sexual abuse awareness and prevention, including how to recognize child sexual abuse 

and how to discuss child sexual abuse with a child; 

(F) designing and implementing a locally-tailored plan 

to reduce exclusionary discipline practices in elementary 

and secondary schools that— 

(i) is consistent with best practices; 

(ii) includes strategies that are evidence-based (to 

the extent the State, in consultation with local educational agencies in the State, determines that such 

evidence is reasonably available); and 

(iii) is aligned with the long-term goal of prison reduction through opportunities, mentoring, intervention, support, and other education services, referred to 

as a ‘‘youth PROMISE plan’’; or 

(G) implementation of schoolwide positive behavioral 

interventions and supports, including through coordination 

with similar activities carried out under the Individuals 

with Disabilities Education Act (20 U.S.C. 1400 et seq.), in 

order to improve academic outcomes and school conditions 

for student learning; 

(H) designating a site resource coordinator at a school 

or local educational agency to provide a variety of services, 

such as— 

(i) establishing partnerships within the community to provide resources and support for schools; 

(ii) ensuring that all service and community partners are aligned with the academic expectations of a 

community school in order to improve student success; 

and 

(iii) strengthening relationships between schools 

and communities; or 

(I) pay for success initiatives aligned with the purposes of this section. 

SEC. 4109. ø20 U.S.C. 7119¿ ACTIVITIES TO SUPPORT THE EFFECTIVE 

USE OF TECHNOLOGY. 

(a) USES OF FUNDS.—Subject to section 4106(f), each local educational agency, or consortium of such agencies, that receives an alVerDate Nov 24 2008 11:50 Feb 05, 2016 Jkt 000000 PO 00000 Frm 00228 Fmt 9001 Sfmt 6601 F:\COMP\EDII\EASEAO1.BEL HOLCPC

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location under section 4015(a) shall use a portion of such funds to 

improve the use of technology to improve the academic achievement, academic growth, and digital literacy of all students, including by meeting the needs of such agency or consortium that are 

identified in the needs assessment conducted under section 4106(d) 

(if applicable), which may include— 

(1) providing educators, school leaders, and administrators 

with the professional learning tools, devices, content, and resources to— 

(A) personalize learning to improve student academic 

achievement; 

(B) discover, adapt, and share relevant high-quality 

educational resources; 

(C) use technology effectively in the classroom, including by administering computer-based assessments and 

blended learning strategies; and 

(D) implement and support school- and district-wide 

approaches for using technology to inform instruction, support teacher collaboration, and personalize learning; 

(2) building technological capacity and infrastructure, 

which may include— 

(A) procuring content and ensuring content quality; 

and 

(B) purchasing devices, equipment, and software applications in order to address readiness shortfalls; 

(3) developing or using effective or innovative strategies for 

the delivery of specialized or rigorous academic courses and 

curricula through the use of technology, including digital learning technologies and assistive technology; 

(4) carrying out blended learning projects, which shall include— 

(A) planning activities, which may include development of new instructional models (including blended learning technology software and platforms), the purchase of 

digital instructional resources, initial professional development activities, and one-time information technology purchases, except that such expenditures may not include expenditures related to significant construction or renovation 

of facilities; or 

(B) ongoing professional development for teachers, 

principals, other school leaders, or other personnel involved in the project that is designed to support the implementation and academic success of the project; 

(5) providing professional development in the use of technology (which may be provided through partnerships with outside organizations) to enable teachers and instructional leaders 

to increase student achievement in the areas of science, technology, engineering, and mathematics, including computer 

science; and 

(6) providing students in rural, remote, and underserved 

areas with the resources to take advantage of high-quality digital learning experiences, digital resources, and access to online 

courses taught by effective educators. 


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(b) SPECIAL RULE.—A local educational agency, or consortium 

of such agencies, shall not use more than 15 percent of funds for 

purchasing technology infrastructure as described in subsection 

(a)(2)(B), which shall include technology infrastructure purchased 

for the activities under subsection (a)(4)(A). 

SEC. 4110. ø20 U.S.C. 7120¿ SUPPLEMENT, NOT SUPPLANT. 

Funds made available under this subpart shall be used to supplement, and not supplant, non-Federal funds that would otherwise 

be used for activities authorized under this subpart. 

SEC. 4111. ø20 U.S.C. 7121¿ RULE OF CONSTRUCTION. 

Nothing in this subpart may be construed to— 

(1) authorize activities or programming that encourages 

teenage sexual activity; or 

(2) prohibit effective activities or programming that meet 

the requirements of section 8526. 

SEC. 4112. ø20 U.S.C. 7122¿ AUTHORIZATION OF APPROPRIATIONS. 

(a) IN GENERAL.—There are authorized to be appropriated to 

carry out this subpart $1,650,000,000 for fiscal year 2017 and 

$1,600,000,000 for each of fiscal years 2018 through 2020. 

(b) FORWARD FUNDING.—Section 420 of the General Education 

Provisions Act (20 U.S.C. 1223) shall apply to this subpart. 

øcasterkx: Subpart 2 transferred from subpart 4, part D of title 

II redes as subpart 5 of title IV and subsequently redes as subpart 

2. Section 2441 redes as section 4161 and subsequently redes as 

section 4121.¿ 

Subpart 2—Internet Safety 

SEC. 4121. ø20 U.S.C. ???¿ INTERNET SAFETY. 

(a) IN GENERAL.—No funds made available under this part to 

a local educational agency for an elementary school or secondary 

school that does not receive services at discount rates under section 

254(h)(5) of the Communications Act of 1934 (47 U.S.C. 254(h)(5)) 

may be used to purchase computers used to access the Internet, or 

to pay for direct costs associated with accessing the Internet, for 

such school unless the school, school board, local educational agency, or other authority with responsibility for administration of such 

school both— 

(1)(A) has in place a policy of Internet safety for minors 

that includes the operation of a technology protection measure 

with respect to any of its computers with Internet access that 

protects against access through such computers to visual depictions that are— 

(i) obscene; 

(ii) child pornography; or 

(iii) harmful to minors; and 

(B) is enforcing the operation of such technology protection 

measure during any use of such computers by minors; and 

(2)(A) has in place a policy of Internet safety that includes 

the operation of a technology protection measure with respect 

to any of its computers with Internet access that protects 


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against access through such computers to visual depictions 

that are— 

(i) obscene; or 

(ii) child pornography; and 

(B) is enforcing the operation of such technology protection 

measure during any use of such computers. 

(b) TIMING AND APPLICABILITY OF IMPLEMENTATION.— (1) IN GENERAL.—The local educational agency with responsibility for a school covered by subsection (a) shall certify 

the compliance of such school with the requirements of subsection (a) as part of the application process for the next program funding year under this Act following December 21, 

2000, and for each subsequent program funding year thereafter. 

(2) PROCESS.— (A) SCHOOLS WITH INTERNET SAFETY POLICIES AND

TECHNOLOGY PROTECTION MEASURES IN PLACE.—A local 

educational agency with responsibility for a school covered 

by subsection (a) that has in place an Internet safety policy meeting the requirements of subsection (a) shall certify 

its compliance with subsection (a) during each annual program application cycle under this Act. 

(B) SCHOOLS WITHOUT INTERNET SAFETY POLICIES AND

TECHNOLOGY PROTECTION MEASURES IN PLACE.— 

(i) CERTIFICATION.—A local educational agency 

with responsibility for a school covered by subsection 

(a) that does not have in place an Internet safety policy meeting the requirements of subsection (a)— 

(I) for the first program year after December 

21, 2000, in which the local educational agency is 

applying for funds for such school under this Act, 

shall certify that it is undertaking such actions, 

including any necessary procurement procedures, 

to put in place an Internet safety policy that 

meets such requirements; and 

(II) for the second program year after December 21, 2000, in which the local educational agency is applying for funds for such school under this 

Act, shall certify that such school is in compliance 

with such requirements. 

(ii) INELIGIBILITY.—Any school covered by subsection (a) for which the local educational agency concerned is unable to certify compliance with such requirements in such second program year shall be ineligible for all funding under this part for such second 

program year and all subsequent program years until 

such time as such school comes into compliance with 

such requirements. 

(C) WAIVERS.—Any school subject to a certification 

under subparagraph (B)(i)(II) for which the local educational agency concerned cannot make the certification 

otherwise required by that subparagraph may seek a waiver of that subparagraph if State or local procurement rules 

or regulations or competitive bidding requirements prevent 


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the making of the certification otherwise required by that 

subparagraph. The local educational agency concerned 

shall notify the Secretary of the applicability of that subparagraph to the school. Such notice shall certify that the 

school will be brought into compliance with the requirements in subsection (a) before the start of the third program year after December 21, 2000, in which the school is 

applying for funds under this part. 

(c) DISABLING DURING CERTAIN USE.—An administrator, supervisor, or person authorized by the responsible authority under subsection (a) may disable the technology protection measure concerned to enable access for bona fide research or other lawful purposes. 

(d) NONCOMPLIANCE.— 

(1) USE OF GENERAL EDUCATION PROVISIONS ACT REMEDIES.—Whenever the Secretary has reason to believe that any 

recipient of funds under this part is failing to comply substantially with the requirements of this section, the Secretary 

may— 

(A) withhold further payments to the recipient under 

this part; 

(B) issue a complaint to compel compliance of the recipient through a cease and desist order; or 

(C) enter into a compliance agreement with a recipient 

to bring it into compliance with such requirements, 

in same manner as the Secretary is authorized to take such actions under sections 455, 456, and 457, respectively, of the 

General Education Provisions Act. 

(2) RECOVERY OF FUNDS PROHIBITED.—The actions authorized by paragraph (1) are the exclusive remedies available with 

respect to the failure of a school to comply substantially with 

a provision of this section, and the Secretary shall not seek a 

recovery of funds from the recipient for such failure. 

(3) RECOMMENCEMENT OF PAYMENTS.—Whenever the Secretary determines (whether by certification or other appropriate evidence) that a recipient of funds who is subject to the 

withholding of payments under paragraph (1)(A) has cured the 

failure providing the basis for the withholding of payments, the 

Secretary shall cease the withholding of payments to the recipient under that paragraph. 

(e) DEFINITIONS.—In this subpart: 

(1) COMPUTER.—The term ‘‘computer’’ includes any hardware, software, or other technology attached or connected to, 

installed in, or otherwise used in connection with a computer. 

(2) ACCESS TO INTERNET.—A computer shall be considered 

to have access to the Internet if such computer is equipped 

with a modem or is connected to a computer network that has 

access to the Internet. 

(3) ACQUISITION OR OPERATION.—An elementary school or 

secondary school shall be considered to have received funds 

under this part for the acquisition or operation of any computer if such funds are used in any manner, directly or indirectly— 


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(A) to purchase, lease, or otherwise acquire or obtain 

the use of such computer; or 

(B) to obtain services, supplies, software, or other actions or materials to support, or in connection with, the operation of such computer. 

(4) MINOR.—The term ‘‘minor’’ means an individual who 

has not attained the age of 17. 

(5) CHILD PORNOGRAPHY.—The term ‘‘child pornography’’ 

has the meaning given that term in section 2256 of title 18, 

United States Code. 

(6) HARMFUL TO MINORS.—The term ‘‘harmful to minors’’ 

means any picture, image, graphic image file, or other visual 

depiction that— 

(A) taken as a whole and with respect to minors, appeals to a prurient interest in nudity, sex, or excretion; 

(B) depicts, describes, or represents, in a patently offensive way with respect to what is suitable for minors, an 

actual or simulated sexual act or sexual contact, actual or 

simulated normal or perverted sexual acts, or a lewd exhibition of the genitals; and 

(C) taken as a whole, lacks serious literary, artistic, 

political, or scientific value as to minors. 

(7) OBSCENE.—The term ‘‘obscene’’ has the meaning applicable to that term under section 1460 of title 18, United States 

Code. 

(8) SEXUAL ACT AND SEXUAL CONTACT.—The terms ‘‘sexual 

act’’ and ‘‘sexual contact’’ have the meanings given those terms 

in section 2246 of title 18, United States Code. 

(f) SEVERABILITY.—If any provision of this section is held invalid, the remainder of this section shall not be affected thereby. 

PART B—21ST CENTURY COMMUNITY 

LEARNING CENTERS 

SEC. 4201. ø20 U.S.C. 7171¿ PURPOSE; DEFINITIONS. 

(a) PURPOSE.—The purpose of this part is to provide opportunities for communities to establish or expand activities in community 

learning centers that— 

(1) provide opportunities for academic enrichment, including providing tutorial services to help students, particularly 

students who attend low-performing schools, to meet the challenging State academic standards; 

(2) offer students a broad array of additional services, programs, and activities, such as youth development activities, 

service learning, nutrition and health education, drug and violence prevention programs, counseling programs, arts, music, 

physical fitness and wellness programs, technology education 

programs, financial literacy programs, environmental literacy 

programs, mathematics, science, career and technical programs, internship or apprenticeship programs, and other ties 

to an in-demand industry sector or occupation for high school 

students that are designed to reinforce and complement the 

regular academic program of participating students; and 


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(3) offer families of students served by community learning 

centers opportunities for active and meaningful engagement in 

their children’s education, including opportunities for literacy 

and related educational development. 

(b) DEFINITIONS.—In this part: 

(1) COMMUNITY LEARNING CENTER.—The term ‘‘community 

learning center’’ means an entity that— 

(A) assists students to meet the challenging State academic standards by providing the students with academic 

enrichment activities and a broad array of other activities 

(such as programs and activities described in subsection 

(a)(2)) during nonschool hours or periods when school is 

not in session (such as before and after school or during 

summer recess) that— 

(i) reinforce and complement the regular academic 

programs of the schools attended by the students 

served; and 

(ii) are targeted to the students’ academic needs 

and aligned with the instruction students receive during the school day; and 

(B) offers families of students served by such center 

opportunities for active and meaningful engagement in 

their children’s education, including opportunities for literacy and related educational development. 

(2) COVERED PROGRAM.—The term ‘‘covered program’’ 

means a program for which— 

(A) the Secretary made a grant under this part (as 

this part was in effect on the day before the effective date 

of this part under the Every Student Succeeds Act); and 

(B) the grant period had not ended on that effective 

date. 

(3) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means a 

local educational agency, community-based organization, Indian tribe or tribal organization (as such terms are defined in 

section 4 of the Indian Self-Determination and Education Act 

(25 U.S.C. 450b)), another public or private entity, or a consortium of 2 or more such agencies, organizations, or entities. 

(4) EXTERNAL ORGANIZATION.—The term ‘‘external organization’’ means— 

(A) a nonprofit organization with a record of success in 

running or working with before and after school (or summer recess) programs and activities; or 

(B) in the case of a community where there is no such 

organization, a nonprofit organization in the community 

that enters into a written agreement or partnership with 

an organization described in subparagraph (A) to receive 

mentoring and guidance in running or working with before 

and after school (or summer recess) programs and activities. 

(5) RIGOROUS PEER-REVIEW PROCESS.—The term ‘‘rigorous 

peer-review process’’ means a process by which— 

(A) employees of a State educational agency who are 

familiar with the programs and activities assisted under 

this part review all applications that the State receives for 


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awards under this part for completeness and applicant eligibility; 

(B) the State educational agency selects peer reviewers 

for such applications, who shall— 

(i) be selected for their expertise in providing effective academic, enrichment, youth development, and 

related services to children; and 

(ii) not include any applicant, or representative of 

an applicant, that has submitted an application under 

this part for the current application period; and 

(C) the peer reviewers described in subparagraph (B) 

review and rate the applications to determine the extent 

to which the applications meet the requirements under 

sections 4204(b) and 4205. 

(6) STATE.—The term ‘‘State’’ means each of the 50 States, 

the District of Columbia, and the Commonwealth of Puerto 

Rico. 

SEC. 4202. ø20 U.S.C. 7172¿ ALLOTMENTS TO STATES. 

(a) RESERVATION.—From the funds appropriated under section 

4206 for any fiscal year, the Secretary shall reserve— 

(1) such amounts as may be necessary to make continuation awards to subgrant recipients under covered programs 

(under the terms of those grants); 

(2) not more than 1 percent for national activities, which 

the Secretary may carry out directly or through grants and 

contracts, such as providing technical assistance to eligible entities carrying out programs under this part or conducting a 

national evaluation; and 

(3) not more than 1 percent for payments to the outlying 

areas and the Bureau of Indian Education, to be allotted in accordance with their respective needs for assistance under this 

part, as determined by the Secretary, to enable the outlying 

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

(b) STATE ALLOTMENTS.— 

(1) DETERMINATION.—From the funds appropriated under 

section 4206 for any fiscal year and remaining after the Secretary makes reservations under subsection (a), the Secretary 

shall allot to each State for the fiscal year an amount that 

bears the same relationship to the remainder as the amount 

the State received under subpart 2 of part A of title I for the 

preceding fiscal year bears to the amount all States received 

under that subpart for the preceding fiscal year, except that no 

State shall receive less than an amount equal to one-half of 1 

percent of the total amount made available to all States under 

this subsection. 

(2) REALLOTMENT OF UNUSED FUNDS.—If a State does not 

receive an allotment under this part for a fiscal year, the Secretary shall reallot the amount of the State’s allotment to the 

remaining States in accordance with this part. 

(c) STATE USE OF FUNDS.— 

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

under this part shall reserve not less than 93 percent of the 


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amount allotted to such State under subsection (b), for each fiscal year for awards to eligible entities under section 4204. 

(2) STATE ADMINISTRATION.—A State educational agency 

may use not more than 2 percent of the amount made available to the State under subsection (b) for— 

(A) the administrative costs of carrying out its responsibilities under this part; 

(B) establishing and implementing a rigorous peer-review process for subgrant applications described in section 

4204(b) (including consultation with the Governor and 

other State agencies responsible for administering youth 

development programs and adult learning activities); and 

(C) awarding of funds to eligible entities (in consultation with the Governor and other State agencies responsible for administering youth development programs and 

adult learning activities). 

(3) STATE ACTIVITIES.—A State educational agency may 

use not more than 5 percent of the amount made available to 

the State under subsection (b) for the following activities: 

(A) Monitoring and evaluating programs and activities 

assisted under this part. 

(B) Providing capacity building, training, and technical 

assistance under this part. 

(C) Conducting a comprehensive evaluation (directly, 

or through a grant or contract) of the effectiveness of programs and activities assisted under this part. 

(D) Providing training and technical assistance to eligible entities that are applicants for or recipients of 

awards under this part. 

(E) Ensuring that any eligible entity that receives an 

award under this part from the State aligns the activities 

provided by the program with the challenging State academic standards. 

(F) Ensuring that any such eligible entity identifies 

and partners with external organizations, if available, in 

the community. 

(H) Coordinating funds received under this part with 

other Federal and State funds to implement high-quality 

programs. 

(I) Providing a list of prescreened external organizations, as described under section 4203(a)(11). 

(G) Working with teachers, principals, parents, the 

local workforce, the local community, and other stakeholders to review and improve State policies and practices 

to support the implementation of effective programs under 

this part. 

SEC. 4203. ø20 U.S.C. 7173¿ STATE APPLICATION. 

(a) IN GENERAL.—In order to receive an allotment under section 4202 for any fiscal year, a State shall submit to the Secretary, 

at such time as the Secretary may require, an application that— 

(1) designates the State educational agency as the agency 

responsible for the administration and supervision of programs 

assisted under this part; 


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(2) describes how the State educational agency will use 

funds received under this part, including funds reserved for 

State-level activities; 

(3) contains an assurance that the State educational agency— 

(A) will make awards under this part to eligible entities that serve— 

(i) students who primarily attend— 

(I) schools implementing comprehensive support and improvement activities or targeted support and improvement activities under section 

1111(d); and 

(II) other schools determined by the local educational agency to be in need of intervention and 

support; and 

(ii) the families of such students; and 

(B) will further give priority to eligible entities that 

propose in the application to serve students described in 

subclauses (I) and (II) of section 4204(i)(1)(A)(i); 

(4) describes the procedures and criteria the State educational agency will use for reviewing applications and awarding funds to eligible entities on a competitive basis, which shall 

include procedures and criteria that take into consideration the 

likelihood that a proposed community learning center will help 

participating students meet the challenging State academic 

standards and any local academic standards; 

(5) describes how the State educational agency will ensure 

that awards made under this part are— 

(A) of sufficient size and scope to support high-quality, 

effective programs that are consistent with the purpose of 

this part; and 

(B) in amounts that are consistent with section 

4204(h); 

(6) describes the steps the State educational agency will 

take to ensure that programs implement effective strategies, 

including providing ongoing technical assistance and training, 

evaluation, dissemination of promising practices, and coordination of professional development for staff in specific content 

areas and youth development; 

(7) describes how programs under this part will be coordinated with programs under this Act, and other programs as 

appropriate; 

(8) contains an assurance that the State educational agency— 

(A) will make awards for programs for a period of not 

less than 3 years and not more than 5 years; and 

(B) will require each eligible entity seeking such an 

award to submit a plan describing how the activities to be 

funded through the award will continue after funding 

under this part ends; 

(9) contains an assurance that funds appropriated to carry 

out this part will be used to supplement, and not supplant, 

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vide programs and activities authorized under this part and 

other similar programs; 

(10) contains an assurance that the State educational 

agency will require eligible entities to describe in their applications under section 4204(b) how the transportation needs of 

participating students will be addressed; 

(11) describes how the State will— 

(A) prescreen external organizations that could provide assistance in carrying out the activities under this 

part; and 

(B) develop and make available to eligible entities a 

list of external organizations that successfully completed 

the prescreening process; 

(12) provides— 

(A) an assurance that the application was developed in 

consultation and coordination with appropriate State officials, including the chief State school officer, and other 

State agencies administering before and after school (or 

summer recess) programs and activities, the heads of the 

State health and mental health agencies or their designees, statewide after-school networks (where applicable) 

and representatives of teachers, local educational agencies, 

and community-based organizations; and 

(B) a description of any other representatives of teachers, parents, students, or the business community that the 

State has selected to assist in the development of the application, if applicable; 

(13) describes the results of the State’s needs and resources assessment for before and after school (or summer recess) programs and activities, which shall be based on the results of on-going State evaluation activities; 

(14) describes how the State educational agency will evaluate the effectiveness of programs and activities carried out 

under this part, which shall include, at a minimum— 

(A) a description of the performance indicators and 

performance measures that will be used to evaluate programs and activities with emphasis on alignment with the 

regular academic program of the school and the academic 

needs of participating students, including performance indicators and measures that— 

(i) are able to track student success and improvement over time; 

(ii) include State assessment results and other indicators of student success and improvement, such as 

improved attendance during the school day, better 

classroom grades, regular (or consistent) program attendance, and on-time advancement to the next grade 

level; and 

(iii) for high school students, may include indicators such as career competencies, successful completion of internships or apprenticeships, or work-based 

learning opportunities; 

(B) a description of how data collected for the purposes 

of subparagraph (A) will be collected; and 


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(C) public dissemination of the evaluations of programs and activities carried out under this part; and 

(15) provides for timely public notice of intent to file an application and an assurance that the application will be available for public review after submission. 

(b) DEEMED APPROVAL.—An application submitted by a State 

educational agency pursuant to subsection (a) shall be deemed to 

be approved by the Secretary unless the Secretary makes a written 

determination, prior to the expiration of the 120-day period beginning on the date on which the Secretary received the application, 

that the application is not in compliance with this part. 

(c) DISAPPROVAL.—The Secretary shall not finally disapprove 

the application, except after giving the State educational agency 

notice and an opportunity for a hearing. 

(d) NOTIFICATION.—If the Secretary finds that the application 

is not in compliance, in whole or in part, with this part, the Secretary shall— 

(1) give the State educational agency notice and an opportunity for a hearing; and 

(2) notify the State educational agency of the finding of 

noncompliance and, in such notification— 

(A) cite the specific provisions in the application that 

are not in compliance; and 

(B) request additional information, only as to the noncompliant provisions, needed to make the application compliant. 

(e) RESPONSE.—If the State educational agency responds to the 

Secretary’s notification described in subsection (d)(2) during the 45- 

day period beginning on the date on which the agency received the 

notification, and resubmits the application with the requested information described in subsection (d)(2)(B), the Secretary shall approve or disapprove such application prior to the later of— 

(1) the expiration of the 45-day period beginning on the 

date on which the application is resubmitted; or 

(2) the expiration of the 120-day period described in subsection (b). 

(f) FAILURE TO RESPOND.—If the State educational agency does 

not respond to the Secretary’s notification described in subsection 

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

agency received the notification, such application shall be deemed 

to be disapproved. 

(g) LIMITATION.—The Secretary may not give a priority or a 

preference for States or eligible entities that seek to use funds 

made available under this part to extend the regular school day. 

SEC. 4204. ø20 U.S.C. 7174¿ LOCAL COMPETITIVE SUBGRANT PROGRAM. 

(a) IN GENERAL.— 

(1) COMMUNITY LEARNING CENTERS.—A State that receives 

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

made available under section 4202(c)(1) to award subgrants to 

eligible entities for community learning centers in accordance 

with this part. 

(2) EXPANDED LEARNING PROGRAM ACTIVITIES.—A State 

that receives funds under this part for a fiscal year may use 


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funds under section 4202(c)(1) to support those enrichment and 

engaging academic activities described in section 4205(a) 

that— 

(A) are included as part of an expanded learning program that provides students at least 300 additional program hours before, during, or after the traditional school 

day; 

(B) supplement but do not supplant regular school day 

requirements; and 

(C) are carried out by entities that meet the requirements of subsection (i). 

(b) APPLICATION.— (1) IN GENERAL.—To be eligible to receive a subgrant 

under this part, an eligible entity shall submit an application 

to the State educational agency at such time, in such manner, 

and including such information as the State educational agency may reasonably require. 

(2) CONTENTS.—Each application submitted under paragraph (1) shall include— 

(A) a description of the activities to be funded, including— 

(i) an assurance that the program will take place 

in a safe and easily accessible facility; 

(ii) a description of how students participating in 

the program carried out by the community learning 

center will travel safely to and from the center and 

home, if applicable; and 

(iii) a description of how the eligible entity will 

disseminate information about the community learning center (including its location) to the community in 

a manner that is understandable and accessible; 

(B) a description of how such activities are expected to 

improve student academic achievement as well as overall 

student success; 

(C) a demonstration of how the proposed program will 

coordinate Federal, State, and local programs and make 

the most effective use of public resources; 

(D) an assurance that the proposed program was developed and will be carried out— 

(i) in active collaboration with the schools that 

participating students attend (including through the 

sharing of relevant data among the schools), all participants of the eligible entity, and any partnership entities described in subparagraph (H), in compliance 

with applicable laws relating to privacy and confidentiality; and 

(ii) in alignment with the challenging State academic standards and any local academic standards; 

(E) a description of how the activities will meet the 

measures of effectiveness described in section 4205(b); 

(F) an assurance that the program will target students 

who primarily attend schools eligible for schoolwide programs under section 1114 and the families of such students; 


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(G) an assurance that subgrant funds under this part 

will be used to increase the level of State, local, and other 

non-Federal funds that would, in the absence of funds 

under this part, be made available for programs and activities authorized under this part, and in no case supplant 

Federal, State, local, or non-Federal funds; 

(H) a description of the partnership between a local 

educational agency, a community-based organization, and 

another public entity or private entity, if appropriate; 

(I) an evaluation of the community needs and available resources for the community learning center, and a 

description of how the program proposed to be carried out 

in the center will address those needs (including the needs 

of working families); 

(J) a demonstration that the eligible entity will use 

best practices, including research or evidence-based practices, to provide educational and related activities that will 

complement and enhance academic performance, achievement, postsecondary and workforce preparation, and positive youth development of the students; 

(K) a description of a preliminary plan for how the 

community learning center will continue after funding 

under this part ends; 

(L) an assurance that the community will be given notice of an intent to submit an application and that the application and any waiver request will be available for public review after submission of the application; 

(M) if the eligible entity plans to use volunteers in activities carried out through the community learning center, 

a description of how the eligible entity will encourage and 

use appropriately qualified persons to serve as the volunteers; and 

(N) such other information and assurances as the 

State educational agency may reasonably require. 

(c) APPROVAL OF CERTAIN APPLICATIONS.—The State educational agency may approve an application under this part for a 

program to be located in a facility other than an elementary school 

or secondary school only if the program will be at least as available 

and accessible to the students to be served as if the program were 

located in an elementary school or secondary school. 

(d) PERMISSIVE LOCAL MATCH.— 

(1) IN GENERAL.—A State educational agency may require 

an eligible entity to match subgrant funds awarded under this 

part, except that such match may not exceed the amount of the 

subgrant and may not be derived from other Federal or State 

funds. 

(2) SLIDING SCALE.—The amount of a match under paragraph (1) shall be established based on a sliding scale that 

takes into account— 

(A) the relative poverty of the population to be targeted by the eligible entity; and 

(B) the ability of the eligible entity to obtain such 

matching funds. 


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(3) IN-KIND CONTRIBUTIONS.—Each State educational agency that requires an eligible entity to match funds under this 

subsection shall permit the eligible entity to provide all or any 

portion of such match in the form of in-kind contributions. 

(4) CONSIDERATION.—Notwithstanding this subsection, a 

State educational agency shall not consider an eligible entity’s 

ability to match funds when determining which eligible entities 

will receive subgrants under this part. 

(e) PEER REVIEW.—In reviewing local applications under this 

part, a State educational agency shall use a rigorous peer-review 

process or other methods to ensure the quality of funded projects. 

(f) GEOGRAPHIC DIVERSITY.—To the extent practicable, a State 

educational agency shall distribute subgrant funds under this part 

equitably among geographic areas within the State, including 

urban and rural communities. 

(g) DURATION OF AWARDS.—A subgrant awarded under this 

part shall be awarded for a period of not less than 3 years and not 

more than 5 years. 

(h) AMOUNT OF AWARDS.—A subgrant awarded under this part may not be made in an amount that is less than $50,000. 

(i) PRIORITY.— (1) IN GENERAL.—In awarding subgrants under this part, 

a State educational agency shall give priority to applications— 

(A) proposing to target services to— 

(i) students who primarily attend schools that— 

(I) are implementing comprehensive support 

and improvement activities or targeted support 

and improvement activities under section 1111(d) 

or other schools determined by the local educational agency to be in need of intervention and 

support to improve student academic achievement 

and other outcomes; and 

(II) enroll students who may be at risk for 

academic failure, dropping out of school, involvement in criminal or delinquent activities, or who 

lack strong positive role models; and 

(ii) the families of students described in clause (i); 

(B) submitted jointly by eligible entities consisting of 

not less than 1— 

(i) local educational agency receiving funds under 

part A of title I; and 

(ii) another eligible entity; and 

(C) demonstrating that the activities proposed in the 

application— 

(i) are, as of the date of the submission of the application, not accessible to students who would be 

served; or 

(ii) would expand accessibility to high-quality 

services that may be available in the community. 

(2) SPECIAL RULE.—The State educational agency shall 

provide the same priority under paragraph (1) to an application submitted by a local educational agency if the local educational agency demonstrates that it is unable to partner with 

a community-based organization in reasonable geographic 


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proximity and of sufficient quality to meet the requirements of 

this part. 

(3) LIMITATION.—A State educational agency may not give 

a priority or a preference to eligible entities that seek to use 

funds made available under this part to extend the regular 

school day. 

(j) RENEWABILITY OF AWARDS.—A State educational agency 

may renew a subgrant provided under this part to an eligible entity, based on the eligible entity’s performance during the preceding 

subgrant period. 

SEC. 4205. ø20 U.S.C. 7175¿ LOCAL ACTIVITIES. 

(a) AUTHORIZED ACTIVITIES.—Each eligible entity that receives 

an award under section 4204 may use the award funds to carry out 

a broad array of activities that advance student academic achievement and support student success, including— 

(1) academic enrichment learning programs, mentoring 

programs, remedial education activities, and tutoring services, 

that are aligned with— 

(A) the challenging State academic standards and any 

local academic standards; and 

(B) local curricula that are designed to improve student academic achievement; 

(2) well-rounded education activities, including such activities that enable students to be eligible for credit recovery or attainment; 

(3) literacy education programs, including financial literacy 

programs and environmental literacy programs; 

(4) programs that support a healthy and active lifestyle, 

including nutritional education and regular, structured physical activity programs; 

(5) services for individuals with disabilities; 

(6) programs that provide after-school activities for students who are English learners that emphasize language skills 

and academic achievement; 

(7) cultural programs; 

(8) telecommunications and technology education programs; 

(9) expanded library service hours; 

(10) parenting skills programs that promote parental involvement and family literacy; 

(11) programs that provide assistance to students who 

have been truant, suspended, or expelled to allow the students 

to improve their academic achievement; 

(12) drug and violence prevention programs and counseling 

programs; 

(13) programs that build skills in science, technology, engineering, and mathematics (referred to in this paragraph as 

‘‘STEM’’), including computer science, and that foster innovation in learning by supporting nontraditional STEM education 

teaching methods; and 

(14) programs that partner with in-demand fields of the 

local workforce or build career competencies and career readiness and ensure that local workforce and career readiness 


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skills are aligned with the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.) and the 

Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et 

seq.). 

(b) MEASURES OF EFFECTIVENESS.— 

(1) IN GENERAL.—For a program or activity developed pursuant to this part to meet the measures of effectiveness, monitored by the State educational agency as described in section 

4203(a)(14), such program or activity shall— 

(A) be based upon an assessment of objective data regarding the need for before and after school (or summer 

recess) programs and activities in the schools and communities; 

(B) be based upon an established set of performance 

measures aimed at ensuring the availability of high-quality academic enrichment opportunities; 

(C) if appropriate, be based upon evidence-based research that the program or activity will help students 

meet the challenging State academic standards and any 

local academic standards; 

(D) ensure that measures of student success align with 

the regular academic program of the school and the academic needs of participating students and include performance indicators and measures described in section 

4203(a)(14)(A); and 

(E) collect the data necessary for the measures of student success described in subparagraph (D). 

(2) PERIODIC EVALUATION.— 

(A) IN GENERAL.—The program or activity shall undergo a periodic evaluation in conjunction with the State educational agency’s overall evaluation plan as described in 

section 4203(a)(14), to assess the program’s progress toward achieving the goal of providing high-quality opportunities for academic enrichment and overall student success. 

(B) USE OF RESULTS.—The results of evaluations under 

subparagraph (A) shall be— 

(i) used to refine, improve, and strengthen the 

program or activity, and to refine the performance 

measures; 

(ii) made available to the public upon request, 

with public notice of such availability provided; and 

(iii) used by the State to determine whether a 

subgrant is eligible to be renewed under section 

4204(j). 

SEC. 4206. ø20 U.S.C. 7176¿ AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated to carry out this part $1,000,000,000 for fiscal year 2017 and $1,100,000,000 for each of 

fiscal years 2018 through 2020. 

øcasterkx: Part C was transferred from part B of title V inserted after part B of title IV. Sections 5201 were redesignated as 

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fer and redesignation. Sections 4301-4305 as redes are amended to 

read as follows by section 4301 of bill.¿ 

PART C—EXPANDING OPPORTUNITY 

THROUGH QUALITY CHARTER SCHOOLS 

SEC. 4301. ø20 U.S.C. 7221¿ PURPOSE. 

It is the purpose of this part to— 

(1) improve the United States education system and education opportunities for all people in the United States by supporting innovation in public education in public school settings 

that prepare students to compete and contribute to the global 

economy and a stronger Nation; 

(2) provide financial assistance for the planning, program 

design, and initial implementation of charter schools; 

(3) increase the number of high-quality charter schools 

available to students across the United States; 

(4) evaluate the impact of charter schools on student 

achievement, families, and communities, and share best practices between charter schools and other public schools; 

(5) encourage States to provide support to charter schools 

for facilities financing in an amount more nearly commensurate to the amount States typically provide for traditional public schools; 

(6) expand opportunities for children with disabilities, 

English learners, and other traditionally underserved students 

to attend charter schools and meet the challenging State academic standards; 

(7) support efforts to strengthen the charter school authorizing process to improve performance management, including 

transparency, oversight and monitoring (including financial audits), and evaluation of such schools; and 

(8) support quality, accountability, and transparency in the 

operational performance of all authorized public chartering 

agencies, including State educational agencies, local educational agencies, and other authorizing entities. 

SEC. 4302. ø20 U.S.C. 7221a¿ PROGRAM AUTHORIZED. 

(a) IN GENERAL.—The Secretary may carry out a charter school 

program that supports charter schools that serve early childhood, 

elementary school, or secondary school students by— 

(1) supporting the startup of new charter schools, the replication of high-quality charter schools, and the expansion of 

high-quality charter schools; 

(2) assisting charter schools in accessing credit to acquire 

and renovate facilities for school use; and 

(3) carrying out national activities to support— 

(A) the activities described in paragraph (1); 

(B) the dissemination of best practices of charter 

schools for all schools; 

(C) the evaluation of the impact of the charter school 

program under this part on schools participating in such 

program; and 

(D) stronger charter school authorizing practices. 


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(b) FUNDING ALLOTMENT.—From the amount made available 

under section 4311 for a fiscal year, the Secretary shall— 

(1) reserve 12.5 percent to support charter school facilities 

assistance under section 4304; 

(2) reserve 22.5 percent to carry out national activities 

under section 4305; and 

(3) use the remaining amount after the reservations under 

paragraphs (1) and (2) to carry out section 4303. 

(c) PRIOR GRANTS AND SUBGRANTS.—The recipient of a grant or 

subgrant under part B of title V (as such part was in effect on the 

day before the date of enactment of the Every Student Succeeds 

Act) shall continue to receive funds in accordance with the terms 

and conditions of such grant or subgrant. 

SEC. 4303. ø20 U.S.C. 7221b¿ GRANTS TO SUPPORT HIGH-QUALITY 

CHARTER SCHOOLS. 

(a) STATE ENTITY DEFINED.—For purposes of this section, the 

term ‘‘State entity’’ means— 

(1) a State educational agency; 

(2) a State charter school board; 

(3) a Governor of a State; or 

(4) a charter school support organization. 

(b) PROGRAM AUTHORIZED.—From the amount available under 

section 4302(b)(3), the Secretary shall award, on a competitive 

basis, grants to State entities having applications approved under 

subsection (f) to enable such entities to— 

(1) award subgrants to eligible applicants to enable eligible 

applicants to— 

(A) open and prepare for the operation of new charter 

schools; 

(B) open and prepare for the operation of replicated 

high-quality charter schools; or 

(C) expand high-quality charter schools; and 

(2) provide technical assistance to eligible applicants and 

authorized public chartering agencies in carrying out the activities described in paragraph (1), and work with authorized 

public chartering agencies in the State to improve authorizing 

quality, including developing capacity for, and conducting, fiscal oversight and auditing of charter schools. 

(c) STATE ENTITY USES OF FUNDS.— 

(1) IN GENERAL.—A State entity receiving a grant under 

this section shall— 

(A) use not less than 90 percent of the grant funds to 

award subgrants to eligible applicants, in accordance with 

the quality charter school program described in the State 

entity’s application pursuant to subsection (f), for the purposes described in subsection (b)(1); 

(B) reserve not less than 7 percent of such funds to 

carry out the activities described in subsection (b)(2); and 

(C) reserve not more than 3 percent of such funds for 

administrative costs, which may include technical assistance. 

(2) CONTRACTS AND GRANTS.—A State entity may use a 

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scribed in subsection (b)(2) directly or through grants, contracts, or cooperative agreements. 

(3) RULE OF CONSTRUCTION.— 

(A) USE OF LOTTERY.—Nothing in this Act shall prohibit the Secretary from awarding grants to State entities, 

or prohibit State entities from awarding subgrants to eligible applicants, that use a weighted lottery to give slightly 

better chances for admission to all, or a subset of, educationally disadvantaged students if— 

(i) the use of weighted lotteries in favor of such 

students is not prohibited by State law, and such 

State law is consistent with laws described in section 

4310(2)(G); and 

(ii) such weighted lotteries are not used for the 

purpose of creating schools exclusively to serve a particular subset of students. 

(B) STUDENTS WITH SPECIAL NEEDS.—Nothing in this 

paragraph shall be construed to prohibit schools from specializing in providing specific services for students with a 

demonstrated need for such services, such as students who 

need specialized instruction in reading, spelling, or writing. 

(d) PROGRAM PERIODS; PEER REVIEW; DISTRIBUTION OF SUBGRANTS; WAIVERS.— 

(1) PROGRAM PERIODS.— 

(A) GRANTS.—A grant awarded by the Secretary to a 

State entity under this section shall be for a period of not 

more than 5 years. 

(B) SUBGRANTS.—A subgrant awarded by a State entity under this section shall be for a period of not more than 

5 years, of which an eligible applicant may use not more 

than 18 months for planning and program design. 

(2) PEER REVIEW The Secretary, and each State entity 

awarding subgrants under this section, shall use a peer-review 

process to review applications for assistance under this section. 

(3) GRANT AWARDS.— 

(A) IN GENERAL.—The Secretary— 

(i) shall for each fiscal year for which funds are 

appropriated under section 4311— 

(I) award not less than 3 grants under this 

section; and 

(II) fully obligate the first 2 years of funds appropriated for the purpose of awarding grants 

under this section in the first fiscal year for which 

such grants are awarded; and 

(ii) prior to the start of the third year of the grant 

period and each succeeding year of each grant awarded under this section to a State entity— 

(I) shall review— 

(aa) whether the State entity is using the 

grant funds for the agreed upon uses of funds; 

and 


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(bb) whether the full amount of the grant 

will be needed for the remainder of the grant 

period; and 

(II) may, as determined necessary based on 

that review, terminate or reduce the amount of 

the grant and reallocate the remaining grant 

funds to other State entities— 

(aa) by using such funds to award grants 

under this section to other State entities; or 

(bb) in a fiscal year in which the amount 

of such remaining funds is insufficient to 

award grants under item (aa), in accordance 

with subparagraph (B). 

(B) REMAINING FUNDING.—For a fiscal year for which 

there are remaining grant funds under this paragraph, but 

the amount of such funds is insufficient to award a grant 

to a State entity under this section, the Secretary shall use 

such remaining grants funds— 

(i) to supplement funding for grants under section 

4305(a)(2), but not to supplant— 

(I) the funds reserved under section 

4305(a)(2); and 

(II) funds otherwise reserved under section 

4302(b)(2) to carry out national activities under 

section 4305; 

(ii) to award grants to State entities to carry out 

the activities described in subsection (b)(1) for the next 

fiscal year; or 

(iii) to award one year of a grant under subsection 

(b)(1) to a high-scoring State entity, in an amount at 

or above the minimum amount the State entity needs 

to be successful for such year. 

(4) DIVERSITY OF PROJECTS.—Each State entity awarding 

subgrants under this section shall award subgrants in a manner that, to the extent practicable and applicable, ensures that 

such subgrants— 

(A) are distributed throughout different areas, including urban, suburban, and rural areas; and 

(B) will assist charter schools representing a variety of 

educational approaches. 

(5) WAIVERS.—The Secretary may waive any statutory or 

regulatory requirement over which the Secretary exercises administrative authority, except any such requirement relating to 

the elements of a charter school described in section 4310(2), 

if— 

(A) the waiver is requested in an approved application 

under this section; and 

(B) the Secretary determines that granting such waiver will promote the purpose of this part. 

(e) LIMITATIONS.— 

(1) GRANTS.—No State entity may receive a grant under 

this section for use in a State in which a State entity is currently using a grant received under this section. 


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(2) SUBGRANTS.—An eligible applicant may not receive 

more than 1 subgrant under this section for each individual 

charter school for a 5-year period, unless the eligible applicant 

demonstrates to the State entity that such individual charter 

school has at least 3 years of improved educational results for 

students enrolled in such charter school with respect to the elements described in subparagraphs (A) and (D) of section 

4310(8). 

(f) APPLICATIONS.—A State entity desiring to receive a grant 

under this section shall submit an application to the Secretary at 

such time and in such manner as the Secretary may require. The 

application shall include the following: 

(1) DESCRIPTION OF PROGRAM.—A description of the State 

entity’s objectives in running a quality charter school program 

under this section and how the objectives of the program will 

be carried out, including— 

(A) a description of how the State entity will— 

(i) support the opening of charter schools through 

the startup of new charter schools and, if applicable, 

the replication of high-quality charter schools, and the 

expansion of high-quality charter schools (including 

the proposed number of new charter schools to be 

opened, high-quality charter schools to be opened as a 

result of the replication of a high-quality charter 

school, or high-quality charter schools to be expanded 

under the State entity’s program); 

(ii) inform eligible charter schools, developers, and 

authorized public chartering agencies of the availability of funds under the program; 

(iii) work with eligible applicants to ensure that 

the eligible applicants access all Federal funds that 

such applicants are eligible to receive, and help the 

charter schools supported by the applicants and the 

students attending those charter schools— 

(I) participate in the Federal programs in 

which the schools and students are eligible to participate; 

(II) receive the commensurate share of Federal funds the schools and students are eligible to 

receive under such programs; and 

(III) meet the needs of students served under 

such programs, including students with disabilities and English learners; 

(iv) ensure that authorized public chartering agencies, in collaboration with surrounding local educational agencies where applicable, establish clear 

plans and procedures to assist students enrolled in a 

charter school that closes or loses its charter to attend 

other high-quality schools; 

(v) in the case of a State entity that is not a State 

educational agency— 

(I) work with the State educational agency 

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ter school participation in Federal and State programs for which charter schools are eligible; and 

(II) work with the State educational agency to 

operate the State entity’s program under this section, if applicable; 

(vi) ensure that each eligible applicant that receives a subgrant under the State entity’s program— 

(I) is using funds provided under this section 

for one of the activities described in subsection 

(b)(1); and 

(II) is prepared to continue to operate charter 

schools funded under this section in a manner 

consistent with the eligible applicant’s application 

for such subgrant once the subgrant funds under 

this section are no longer available; 

(vii) support— 

(I) charter schools in local educational agencies with a significant number of schools identified 

by the State for comprehensive support and improvement under section 1111(c)(4)(D)(i); and 

(II) the use of charter schools to improve 

struggling schools, or to turn around struggling 

schools; 

(viii) work with charter schools on— 

(I) recruitment and enrollment practices to 

promote inclusion of all students, including by 

eliminating any barriers to enrollment for educationally disadvantaged students (who include foster youth and unaccompanied homeless youth); 

and 

(II) supporting all students once they are enrolled to promote retention, including by reducing 

the overuse of discipline practices that remove 

students from the classroom; 

(ix) share best and promising practices between 

charter schools and other public schools; 

(x) ensure that charter schools receiving funds 

under the State entity’s program meet the educational 

needs of their students, including children with disabilities and English learners; 

(xi) support efforts to increase charter school quality initiatives, including meeting the quality authorizing elements described in paragraph (2)(D); 

(xii)(I) in the case of a State entity not described 

in subclause (II), a description of how the State entity 

will provide oversight of authorizing activity, including 

how the State will help ensure better authorizing, 

such as by establishing authorizing standards that 

may include approving, monitoring, and re-approving 

or revoking the authority of an authorized public chartering agency based on the performance of the charter 

schools authorized by such agency in the areas of student achievement, student safety, financial and operVerDate Nov 24 2008 11:50 Feb 05, 2016 Jkt 000000 PO 00000 Frm 00250 Fmt 9001 Sfmt 6601 F:\COMP\EDII\EASEAO1.BEL HOLCPC

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251 Sec. 4303 ESEA OF 1965 

ational management, and compliance with all applicable statutes and regulations; and 

(II) in the case of a State entity described in subsection (a)(4), a description of how the State entity will 

work with the State to support the State’s system of 

technical assistance and oversight, as described in 

subclause (I), of the authorizing activity of authorized 

public chartering agencies; and 

(xiii) work with eligible applicants receiving a 

subgrant under the State entity’s program to support the 

opening of new charter schools or charter school models 

described in clause (i) that are high schools; 

(B) a description of the extent to which the State entity— 

(i) is able to meet and carry out the priorities described in subsection (g)(2); 

(ii) is working to develop or strengthen a cohesive 

statewide system to support the opening of new charter schools and, if applicable, the replication of highquality charter schools, and the expansion of highquality charter schools; and 

(iii) is working to develop or strengthen a cohesive 

strategy to encourage collaboration between charter 

schools and local educational agencies on the sharing 

of best practices; 

(C) a description of how the State entity will award 

subgrants, on a competitive basis, including— 

(i) a description of the application each eligible applicant desiring to receive a subgrant will be required 

to submit, which application shall include— 

(I) a description of the roles and responsibilities of eligible applicants, partner organizations, 

and charter management organizations, including 

the administrative and contractual roles and responsibilities of such partners; 

(II) a description of the quality controls 

agreed to between the eligible applicant and the 

authorized public chartering agency involved, such 

as a contract or performance agreement, how a 

school’s performance in the State’s accountability 

system and impact on student achievement (which 

may include student academic growth) will be one 

of the most important factors for renewal or revocation of the school’s charter, and how the State 

entity and the authorized public chartering agency 

involved will reserve the right to revoke or not 

renew a school’s charter based on financial, structural, or operational factors involving the management of the school; 

(III) a description of how the autonomy and 

flexibility granted to a charter school is consistent 

with the definition of a charter school in section 

4310; 


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(IV) a description of how the eligible applicant 

will solicit and consider input from parents and 

other members of the community on the implementation and operation of each charter school 

that will receive funds under the State entity’s 

program; 

(V) a description of the eligible applicant’s 

planned activities and expenditures of subgrant 

funds to support the activities described in subsection (b)(1), and how the eligible applicant will 

maintain financial sustainability after the end of 

the subgrant period; and 

(VI) a description of how the eligible applicant 

will support the use of effective parent, family, 

and community engagement strategies to operate 

each charter school that will receive funds under 

the State entity’s program; and 

(ii) a description of how the State entity will review applications from eligible applicants; 

(D) in the case of a State entity that partners with an 

outside organization to carry out the State entity’s quality 

charter school program, in whole or in part, a description 

of the roles and responsibilities of the partner; 

(E) a description of how the State entity will ensure 

that each charter school receiving funds under the State 

entity’s program has considered and planned for the transportation needs of the school’s students; 

(F) a description of how the State in which the State 

entity is located addresses charter schools in the State’s 

open meetings and open records laws; and 

(G) a description of how the State entity will support 

diverse charter school models, including models that serve 

rural communities. 

(2) ASSURANCES.—Assurances that— 

(A) each charter school receiving funds through the 

State entity’s program will have a high degree of autonomy over budget and operations, including autonomy over 

personnel decisions; 

(B) the State entity will support charter schools in 

meeting the educational needs of their students, as described in paragraph (1)(A)(x); 

(C) the State entity will ensure that the authorized 

public chartering agency of any charter school that receives funds under the State entity’s program adequately 

monitors each charter school under the authority of such 

agency in recruiting, enrolling, retaining, and meeting the 

needs of all students, including children with disabilities 

and English learners; 

(D) the State entity will provide adequate technical assistance to eligible applicants to meet the objectives described in clause (viii) of paragraph (1)(A) and subparagraph (B) of this paragraph; 

(E) the State entity will promote quality authorizing, 

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nical assistance to support each authorized public chartering agency in the State to improve such agency’s ability 

to monitor the charter schools authorized by the agency, 

including by— 

(i) assessing annual performance data of the 

schools, including, as appropriate, graduation rates, 

student academic growth, and rates of student attrition; 

(ii) reviewing the schools’ independent, annual audits of financial statements prepared in accordance 

with generally accepted accounting principles, and ensuring that any such audits are publically reported; 

and 

(iii) holding charter schools accountable to the 

academic, financial, and operational quality controls 

agreed to between the charter school and the authorized public chartering agency involved, such as 

through renewal, non-renewal, or revocation of the 

school’s charter; 

(F) the State entity will work to ensure that charter 

schools are included with the traditional public schools in 

decisionmaking about the public school system in the 

State; and 

(G) the State entity will ensure that each charter 

school receiving funds under the State entity’s program 

makes publicly available, consistent with the dissemination requirements of the annual State report card under 

section 1111(h), including on the website of the school, information to help parents make informed decisions about 

the education options available to their children, including— 

(i) information on the educational program; 

(ii) student support services; 

(iii) parent contract requirements (as applicable), 

including any financial obligations or fees; 

(iv) enrollment criteria (as applicable); and 

(v) annual performance and enrollment data for 

each of the subgroups of students, as defined in section 1111(c)(2), except that such disaggregation of performance and enrollment data shall not be required in 

a case in which the number of students in a group is 

insufficient to yield statically reliable information or 

the results would reveal personally identifiable information about an individual student. 

(3) REQUESTS FOR Information about waivers, including— 

(A) a request and justification for waivers of any Federal statutory or regulatory provisions that the State entity believes are necessary for the successful operation of the 

charter schools that will receive funds under the State entity’s program under this section or, in the case of a State 

entity defined in subsection (a)(4), a description of how the 

State entity will work with the State to request such necessary waivers, where applicable; and 


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(B) a description of any State or local rules, generally 

applicable to public schools, that will be waived, or otherwise not apply to such schools. 

(g) SELECTION CRITERIA; PRIORITY.— (1) SELECTION CRITERIA.—The Secretary shall award 

grants to State entities under this section on the basis of the 

quality of the applications submitted under subsection (f), after 

taking into consideration— 

(A) the degree of flexibility afforded by the State’s 

charter school law and how the State entity will work to 

maximize the flexibility provided to charter schools under 

such law; 

(B) the ambitiousness of the State entity’s objectives 

for the quality charter school program carried out under 

this section; 

(C) the likelihood that the eligible applicants receiving 

subgrants under the program will meet those objectives 

and improve educational results for students; 

(D) the State entity’s plan to— 

(i) adequately monitor the eligible applicants receiving subgrants under the State entity’s program; 

(ii) work with the authorized public chartering 

agencies involved to avoid duplication of work for the 

charter schools and authorized public chartering agencies; and 

(iii) provide technical assistance and support for— 

(I) the eligible applicants receiving subgrants 

under the State entity’s program; and 

(II) quality authorizing efforts in the State; 

and 

(E) the State entity’s plan to solicit and consider input 

from parents and other members of the community on the 

implementation and operation of charter schools in the 

State. 

(2) PRIORITY.—In awarding grants under this section, the 

Secretary shall give priority to a State entity to the extent that 

the entity meets the following criteria: 

(A) The State entity is located in a State that— 

(i) allows at least one entity that is not a local 

educational agency to be an authorized public chartering agency for developers seeking to open a charter 

school in the State; or 

(ii) in the case of a State in which local educational agencies are the only authorized public chartering agencies, the State has an appeals process for 

the denial of an application for a charter school. 

(B) The State entity is located in a State that ensures 

equitable financing, as compared to traditional public 

schools, for charter schools and students in a prompt manner. 

(C) The State entity is located in a State that provides 

charter schools one or more of the following: 

(i) Funding for facilities. 

(ii) Assistance with facilities acquisition. 


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255 Sec. 4303 ESEA OF 1965 

(iii) Access to public facilities. 

(iv) The ability to share in bonds or mill levies. 

(v) The right of first refusal to purchase public 

school buildings. 

(vi) Low- or no-cost leasing privileges. 

(D) The State entity is located in a State that uses 

best practices from charter schools to help improve struggling schools and local educational agencies. 

(E) The State entity supports charter schools that 

serve at-risk students through activities such as dropout 

prevention, dropout recovery, or comprehensive career 

counseling services. 

(F) The State entity has taken steps to ensure that all 

authorizing public chartering agencies implement best 

practices for charter school authorizing. 

(h) LOCAL USES OF FUNDS.—An eligible applicant receiving a 

subgrant under this section shall use such funds to support the activities described in subsection (b)(1), which shall include one or 

more of the following activities: 

(1) Preparing teachers, school leaders, and specialized instructional support personnel, including through paying the 

costs associated with— 

(A) providing professional development; and 

(B) hiring and compensating, during the eligible applicant’s planning period specified in the application for 

subgrant funds that is required under this section, one or 

more of the following: 

(i) Teachers. 

(ii) School leaders. 

(iii) Specialized instructional support personnel. 

(2) Acquiring supplies, training, equipment (including technology), and educational materials (including developing and 

acquiring instructional materials). 

(3) Carrying out necessary renovations to ensure that a 

new school building complies with applicable statutes and regulations, and minor facilities repairs (excluding construction). 

(4) Providing one-time, startup costs associated with providing transportation to students to and from the charter 

school. 

(5) Carrying out community engagement activities, which 

may include paying the cost of student and staff recruitment. 

(6) Providing for other appropriate, non-sustained costs related to the activities described in subsection (b)(1) when such 

costs cannot be met from other sources. 

(i) REPORTING REQUIREMENTS.—Each State entity receiving a 

grant under this section shall submit to the Secretary, at the end 

of the third year of the 5-year grant period (or at the end of the 

second year of the grant period if the grant is less than 5 years), 

and at the end of such grant period, a report that includes the following: 

(1) The number of students served by each subgrant 

awarded under this section and, if applicable, the number of 

new students served during each year of the period of the 

subgrant. 


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(2) A description of how the State entity met the objectives 

of the quality charter school program described in the State entity’s application under subsection (f), including— 

(A) how the State entity met the objective of sharing 

best and promising practices described in subsection 

(f)(1)(A)(ix) in areas such as instruction, professional development, curricula development, and operations between 

charter schools and other public schools; and 

(B) if known, the extent to which such practices were 

adopted and implemented by such other public schools. 

(3) The number and amount of subgrants awarded under 

this section to carry out activities described in each of subparagraphs (A) through (C) of subsection (b)(1). 

(4) A description of— 

(A) how the State entity complied with, and ensured 

that eligible applicants complied with, the assurances included in the State entity’s application; and 

(B) how the State entity worked with authorized public chartering agencies, and how the agencies worked with 

the management company or leadership of the schools that 

received subgrant funds under this section, if applicable. 

SEC. 4304. ø20 U.S.C. 7221c¿ FACILITIES FINANCING ASSISTANCE. 

(a) GRANTS TO ELIGIBLE ENTITIES.— 

(1) IN GENERAL.—From the amount reserved under section 

4302(b)(1), the Secretary shall use not less than 50 percent to 

award, on a competitive basis, not less than 3 grants to eligible 

entities that have the highest-quality applications approved 

under subsection (d), after considering the diversity of such applications, to demonstrate innovative methods of helping charter schools to address the cost of acquiring, constructing, and 

renovating facilities by enhancing the availability of loans or 

bond financing. 

(2) ELIGIBLE ENTITY DEFINED.—For the purposes of this 

section, the term ‘‘eligible entity’’ means— 

(A) a public entity, such as a State or local governmental entity; 

(B) a private nonprofit entity; or 

(C) a consortium of entities described in subparagraphs (A) and (B). 

(b) GRANTEE SELECTION.—The Secretary shall evaluate each 

application submitted under subsection (d), and shall determine 

whether the application is sufficient to merit approval. 

(c) GRANT CHARACTERISTICS.—Grants under subsection (a) 

shall be of sufficient size, scope, and quality so as to ensure an effective demonstration of an innovative means of enhancing credit 

for the financing of charter school acquisition, construction, or renovation. 

(d) APPLICATIONS.— 

(1) IN GENERAL.—An eligible entity desiring to receive a 

grant under this section shall submit an application to the Secretary in such form as the Secretary may reasonably require. 

(2) CONTENTS.—An application submitted under paragraph 

(1) shall contain— 


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(A) a statement identifying the activities that the eligible entity proposes to carry out with funds received under 

subsection (a), including how the eligible entity will determine which charter schools will receive assistance, and 

how much and what types of assistance charter schools 

will receive; 

(B) a description of the involvement of charter schools 

in the application’s development and the design of the proposed activities; 

(C) a description of the eligible entity’s expertise in 

capital market financing; 

(D) a description of how the proposed activities will leverage the maximum amount of private-sector financing 

capital relative to the amount of government funding used 

and otherwise enhance credit available to charter schools, 

including how the eligible entity will offer a combination 

of rates and terms more favorable than the rates and 

terms that a charter school could receive without assistance from the eligible entity under this section; 

(E) a description of how the eligible entity possesses 

sufficient expertise in education to evaluate the likelihood 

of success of a charter school program for which facilities 

financing is sought; and 

(F) in the case of an application submitted by a State 

governmental entity, a description of the actions that the 

eligible entity has taken, or will take, to ensure that charter schools within the State receive the funding that charter schools need to have adequate facilities. 

(e) CHARTER SCHOOL OBJECTIVES.—An eligible entity receiving 

a grant under subsection (a) shall use the funds deposited in the 

reserve account established under subsection (f) to assist one or 

more charter schools to access private-sector capital to accomplish 

one or more of the following objectives: 

(1) The acquisition (by purchase, lease, donation, or otherwise) of an interest (including an interest held by a third party 

for the benefit of a charter school) in improved or unimproved 

real property that is necessary to commence or continue the 

operation of a charter school. 

(2) The construction of new facilities, or the renovation, repair, or alteration of existing facilities, necessary to commence 

or continue the operation of a charter school. 

(3) The predevelopment costs required to assess sites for 

purposes of paragraph (1) or (2) and that are necessary to commence or continue the operation of a charter school. 

(f) RESERVE ACCOUNT.— 

(1) USE OF FUNDS.—To assist charter schools in accomplishing the objectives described in subsection (e), an eligible 

entity receiving a grant under subsection (a) shall, in accordance with State and local law, directly or indirectly, alone or 

in collaboration with others, deposit the funds received under 

subsection (a) (other than funds used for administrative costs 

in accordance with subsection (g)) in a reserve account established and maintained by the eligible entity for this purpose. 


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Amounts deposited in such account shall be used by the eligible entity for one or more of the following purposes: 

(A) Guaranteeing, insuring, and reinsuring bonds, 

notes, evidences of debt, loans, and interests therein, the 

proceeds of which are used for an objective described in 

subsection (e). 

(B) Guaranteeing and insuring leases of personal and 

real property for an objective described in subsection (e). 

(C) Facilitating financing by identifying potential lending sources, encouraging private lending, and other similar 

activities that directly promote lending to, or for the benefit of, charter schools. 

(D) Facilitating the issuance of bonds by charter 

schools, or by other public entities for the benefit of charter schools, by providing technical, administrative, and 

other appropriate assistance (including the recruitment of 

bond counsel, underwriters, and potential investors and 

the consolidation of multiple charter school projects within 

a single bond issue). 

(2) INVESTMENT.—Funds received under subsection (a) and 

deposited in the reserve account established under paragraph 

(1) shall be invested in obligations issued or guaranteed by the 

United States or a State, or in other similarly low-risk securities. 

(3) REINVESTMENT OF EARNINGS.—Any earnings on funds 

received under subsection (a) shall be deposited in the reserve 

account established under paragraph (1) and used in accordance with this subsection. 

(g) LIMITATION ON ADMINISTRATIVE COSTS.—An eligible entity 

may use not more than 2.5 percent of the funds received under 

subsection (a) for the administrative costs of carrying out its responsibilities under this section (excluding subsection (k)). 

(h) AUDITS AND REPORTS.— 

(1) FINANCIAL RECORD MAINTENANCE AND AUDIT.—The financial records of each eligible entity receiving a grant under 

subsection (a) shall be maintained in accordance with generally 

accepted accounting principles and shall be subject to an annual audit by an independent public accountant. 

(2) REPORTS.— 

(A) GRANTEE ANNUAL REPORTS.—Each eligible entity 

receiving a grant under subsection (a) shall submit to the 

Secretary an annual report of the entity’s operations and 

activities under this section (excluding subsection (k)). 

(B) CONTENTS.—Each annual report submitted under 

subparagraph (A) shall include— 

(i) a copy of the most recent financial statements, 

and any accompanying opinion on such statements, 

prepared by the independent public accountant reviewing the financial records of the eligible entity; 

(ii) a copy of any report made on an audit of the 

financial records of the eligible entity that was conducted under paragraph (1) during the reporting period; 


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(iii) an evaluation by the eligible entity of the effectiveness of its use of the Federal funds provided 

under subsection (a) in leveraging private funds; 

(iv) a listing and description of the charter schools 

served during the reporting period, including the 

amount of funds used by each school, the type of 

project facilitated by the grant, and the type of assistance provided to the charter schools; 

(v) a description of the activities carried out by the 

eligible entity to assist charter schools in meeting the 

objectives set forth in subsection (e); and 

(vi) a description of the characteristics of lenders 

and other financial institutions participating in the activities carried out by the eligible entity under this 

section (excluding subsection (k)) during the reporting 

period. 

(C) SECRETARIAL REPORT.—The Secretary shall review 

the reports submitted under subparagraph (A) and shall 

provide a comprehensive annual report to Congress on the 

activities conducted under this section (excluding subsection (k)). 

(i) NO FULL FAITH AND CREDIT FOR GRANTEE OBLIGATION.—No 

financial obligation of an eligible entity entered into pursuant to 

this section (such as an obligation under a guarantee, bond, note, 

evidence of debt, or loan) shall be an obligation of, or guaranteed 

in any respect by, the United States. The full faith and credit of 

the United States is not pledged to the payment of funds that may 

be required to be paid under any obligation made by an eligible entity pursuant to any provision of this section. 

(j) RECOVERY OF FUNDS.— 

(1) IN GENERAL.—The Secretary, in accordance with chapter 37 of title 31, United States Code, shall collect— 

(A) all of the funds in a reserve account established by 

an eligible entity under subsection (f)(1) if the Secretary 

determines, not earlier than 2 years after the date on 

which the eligible entity first received funds under subsection (a), that the eligible entity has failed to make substantial progress in carrying out the purposes described in 

subsection (f)(1); or 

(B) all or a portion of the funds in a reserve account 

established by an eligible entity under subsection (f)(1) if 

the Secretary determines that the eligible entity has permanently ceased to use all or a portion of the funds in 

such account to accomplish any purpose described in subsection (f)(1). 

(2) EXERCISE OF AUTHORITY.—The Secretary shall not exercise the authority provided in paragraph (1) to collect from any 

eligible entity any funds that are being properly used to 

achieve one or more of the purposes described in subsection 

(f)(1). 

(3) PROCEDURES.—The provisions of sections 451, 452, and 

458 of the General Education Provisions Act shall apply to the 

recovery of funds under paragraph (1). 


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(4) CONSTRUCTION.—This subsection shall not be construed 

to impair or affect the authority of the Secretary to recover 

funds under part D of the General Education Provisions Act 

(20 U.S.C. 1234 et seq.). 

(k) PER-PUPIL FACILITIES AID PROGRAM.— 

(1) DEFINITION OF PER-PUPIL FACILITIES AID PROGRAM.—In 

this subsection, the term ‘‘per-pupil facilities aid program’’ 

means a program in which a State makes payments, on a perpupil basis, to charter schools to provide the schools with financing— 

(A) that is dedicated solely to funding charter school 

facilities; or 

(B) a portion of which is dedicated for funding charter 

school facilities. 

(2) GRANTS.— 

(A) IN GENERAL.—From the amount reserved under 

section 4302(b)(1) and remaining after the Secretary 

makes grants under subsection (a), the Secretary shall 

make grants, on a competitive basis, to States to pay for 

the Federal share of the cost of establishing or enhancing, 

and administering, per-pupil facilities aid programs. 

(B) PERIOD.—The Secretary shall award grants under 

this subsection for periods of not more than 5 years. 

(C) FEDERAL SHARE.—The Federal share of the cost described in subparagraph (A) for a per-pupil facilities aid 

program shall be not more than— 

(i) 90 percent of the cost, for the first fiscal year 

for which the program receives assistance under this 

subsection; 

(ii) 80 percent for the second such year; 

(iii) 60 percent for the third such year; 

(iv) 40 percent for the fourth such year; and 

(v) 20 percent for the fifth such year. 

(D) STATE SHARE.—A State receiving a grant under 

this subsection may partner with 1 or more organizations, 

and such organizations may provide not more than 50 percent of the State share of the cost of establishing or enhancing, and administering, the per-pupil facilities aid program. 

(E) MULTIPLE GRANTS.—A State may receive more 

than 1 grant under this subsection, so long as the amount 

of total funds provided to charter schools increases with 

each successive grant. 

(3) USE OF FUNDS.— 

(A) IN GENERAL.—A State that receives a grant under 

this subsection shall use the funds made available through 

the grant to establish or enhance, and administer, a perpupil facilities aid program for charter schools in the State 

of the applicant. 

(B) EVALUATIONS; TECHNICAL ASSISTANCE; DISSEMINATION.—From the amount made available to a State 

through a grant under this subsection for a fiscal year, the 

State may reserve not more than 5 percent to carry out 


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evaluations, to provide technical assistance, and to disseminate information. 

(C) SUPPLEMENT, NOT SUPPLANT.—Funds made available under this subsection shall be used to supplement, 

and not supplant, State and local public funds expended to 

provide per-pupil facilities aid programs, operations financing programs, or other programs, for charter schools. 

(4) REQUIREMENTS.— 

(A) VOLUNTARY PARTICIPATION.—No State may be required to participate in a program carried out under this 

subsection. 

(B) STATE LAW.— 

(i) IN GENERAL.—To be eligible to receive a grant 

under this subsection, a State shall establish or enhance, and administer, a per-pupil facilities aid program for charter schools in the State, that— 

(I) is specified in State law; and 

(II) provides annual financing, on a per-pupil 

basis, for charter school facilities. 

(ii) SPECIAL RULE.—A State that is required under 

State law to provide its charter schools with access to 

adequate facility space, but that does not have a perpupil facilities aid program for charter schools specified in State law, is eligible to receive a grant under 

this subsection if the State agrees to use the funds to 

develop a per-pupil facilities aid program consistent 

with the requirements of this subsection. 

(5) APPLICATIONS.—To be eligible to receive a grant under 

this subsection, a State shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. 

SEC. 4305. ø20 U.S.C. 7221d¿ NATIONAL ACTIVITIES. 

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

4302(b)(2), the Secretary shall— 

(1) use not more than 80 percent of such funds to award 

grants in accordance with subsection (b); 

(2) use not more than 9 percent of such funds to award 

grants, on a competitive basis, to eligible applicants for the 

purpose of carrying out the activities described in section 

4303(h) in a State that did not receive a grant under section 

4303; and 

(3) after the uses described in paragraphs (1) and (2), use 

the remainder of such funds to— 

(A) disseminate technical assistance to— 

(i) State entities in awarding subgrants under section 4303(b)(1); and 

(ii) eligible entities and States receiving grants 

under section 4304; 

(B) disseminate best practices regarding charter 

schools; and 

(C) evaluate the impact of the charter school program 

carried out under this part, including the impact on student achievement. 


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(b) GRANTS FOR THE REPLICATION AND EXPANSION OF HIGHQUALITY CHARTER SCHOOLS.— 

(1) IN GENERAL.—The Secretary shall make grants, on a 

competitive basis, to eligible entities having applications approved under paragraph (3) to enable such entities to open and 

prepare for the operation of one or more replicated high-quality 

charter schools or to expand one or more high-quality charter 

schools. 

(2) DEFINITION OF ELIGIBLE ENTITY.—For purposes of this 

subsection, the term ‘‘eligible entity’’ means a charter management organization. 

(3) APPLICATION REQUIREMENTS.—An eligible entity desiring to receive a grant under this subsection shall submit an application to the Secretary at such time and in such manner as 

the Secretary may require. The application shall include the 

following: 

(A) EXISTING CHARTER SCHOOL DATA.—For each charter school currently operated or managed by the eligible 

entity— 

(i) student assessment results for all students and 

for each subgroup of students described in section 

1111(c)(2); 

(ii) attendance and student retention rates for the 

most recently completed school year and, if applicable, 

the most recent available 4-year adjusted cohort graduation rates and extended-year adjusted cohort graduation rates; and 

(iii) information on any significant compliance and 

management issues encountered within the last 3 

school years by any school operated or managed by the 

eligible entity, including in the areas of student safety 

and finance. 

(B) DESCRIPTIONS.—A description of— 

(i) the eligible entity’s objectives for implementing 

a high-quality charter school program with funding 

under this subsection, including a description of the 

proposed number of high-quality charter schools the 

eligible entity proposes to open as a result of the replication of a high-quality charter school or to expand 

with funding under this subsection; 

(ii) the educational program that the eligible entity will implement in such charter schools, including— 

(I) information on how the program will enable all students to meet the challenging State 

academic standards; 

(II) the grade levels or ages of students who 

will be served; and 

(III) the instructional practices that will be 

used; 

(iii) how the operation of such charter schools will 

be sustained after the grant under this subsection has 

ended, which shall include a multi-year financial and 

operating model for the eligible entity; 


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(iv) how the eligible entity will ensure that such 

charter schools will recruit and enroll students, including children with disabilities, English learners, and 

other educationally disadvantaged students; and 

(v) any request and justification for any waivers of 

Federal statutory or regulatory requirements that the 

eligible entity believes are necessary for the successful 

operation of such charter schools. 

(C) ASSURANCE An assurance that the eligible entity 

has sufficient procedures in effect to ensure timely closure 

of low-performing or financially mismanaged charter 

schools and clear plans and procedures in effect for the 

students in such schools to attend other high-quality 

schools. 

(4) SELECTION CRITERIA.—The Secretary shall select eligible entities to receive grants under this subsection, on the 

basis of the quality of the applications submitted under paragraph (3), after taking into consideration such factors as— 

(A) the degree to which the eligible entity has demonstrated success in increasing academic achievement for 

all students and for each of the subgroups of students described in section 1111(c)(2) attending the charter schools 

the eligible entity operates or manages; 

(B) a determination that the eligible entity has not operated or managed a significant proportion of charter 

schools that— 

(i) have been closed; 

(ii) have had the school’s charter revoked due to 

problems with statutory or regulatory compliance; or 

(iii) have had the school’s affiliation with the eligible entity revoked or terminated, including through 

voluntary disaffiliation; and 

(C) a determination that the eligible entity has not experienced significant problems with statutory or regulatory 

compliance that could lead to the revocation of a school’s 

charter. 

(5) PRIORITY.—In awarding grants under this section, the 

Secretary shall give priority to eligible entities that— 

(A) plan to operate or manage high-quality charter 

schools with racially and socioeconomically diverse student 

bodies; 

(B) demonstrate success in working with schools identified by the State for comprehensive support and improvement under section 1111(c)(4)(D)(i); 

(C) propose to use funds— 

(i) to expand high-quality charter schools to serve 

high school students; or 

(ii) to replicate high-quality charter schools to 

serve high school students; or 

(D) propose to operate or manage high-quality charter 

schools that focus on dropout recovery and academic reentry. 

(c) TERMS AND CONDITIONS.—Except as otherwise provided, 

grants awarded under paragraphs (1) and (2) of subsection (a) shall 


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have the same terms and conditions as grants awarded to State entities under section 4303. 

SEC. 4306. ø20 U.S.C. 7221e¿ FEDERAL FORMULA ALLOCATION DURING 

FIRST YEAR AND FOR SUCCESSIVE ENROLLMENT EXPANSIONS. 

(a) IN GENERAL.—For purposes of the allocation to schools by 

the States or their agencies of funds under part A of title I, and 

any other Federal funds which the Secretary allocates to States on 

a formula basis, the Secretary and each State educational agency 

shall take such measures as are necessary to ensure that every 

charter school receives the Federal funding for which the charter 

school is eligible not later than 5 months after the charter school 

first opens, notwithstanding the fact that the identity and characteristics of the students enrolling in that charter school are not 

fully and completely determined until that charter school actually 

opens. The measures similarly shall ensure that every charter 

school expanding its enrollment in any subsequent year of operation receives the Federal funding for which the charter school is 

eligible not later than 5 months after such expansion. 

(b) ADJUSTMENT AND LATE OPENINGS.— 

(1) IN GENERAL.—The measures described in subsection (a) 

shall include provision for appropriate adjustments, through 

recovery of funds or reduction of payments for the succeeding 

year, in cases where payments made to a charter school on the 

basis of estimated or projected enrollment data exceed the 

amounts that the school is eligible to receive on the basis of actual or final enrollment data. 

(2) RULE.—For charter schools that first open after November 1 of any academic year, the State, in accordance with guidance provided by the Secretary and applicable Federal statutes 

and regulations, shall ensure that such charter schools that 

are eligible for the funds described in subsection (a) for such 

academic year have a full and fair opportunity to receive those 

funds during the charter schools’ first year of operation. 

(c) NEW OR SIGNIFICANTLY EXPANDING CHARTER SCHOOLS.— 

For purposes of implementing the hold harmless protections in sections 1122(c) and 1125A(g)(3) for a newly opened or significantly 

expanded charter school under this part, a State educational agency shall calculate a hold-harmless base for the prior year that, as 

applicable, reflects the new or significantly expanded enrollment of 

the charter school. 

SEC. 4307. ø20 U.S.C. 7221f¿ SOLICITATION OF INPUT FROM CHARTER 

SCHOOL OPERATORS. 

To the extent practicable, the Secretary shall ensure that administrators, teachers, and other individuals directly involved in 

the operation of charter schools are consulted in the development 

of any rules or regulations required to implement this subpart, as 

well as in the development of any rules or regulations relevant to 

charter schools that are required to implement part A of title I, the 

Individuals with Disabilities Education Act, or any other program 

administered by the Secretary that provides education funds to 

charter schools or regulates the activities of charter schools. 


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SEC. 4308. ø20 U.S.C. 7221g¿ RECORDS TRANSFER. 

State educational agencies and local educational agencies, as 

quickly as possible and to the extent practicable, shall ensure that 

a student’s records and, if applicable, a student’s individualized 

education program as defined in section 602 of the Individuals with 

Disabilities Education Act, are transferred to a charter school upon 

the transfer of the student to the charter school, and to another 

public school upon the transfer of the student from a charter school 

to another public school, in accordance with applicable State law. 

SEC. 4309. ø20 U.S.C. 7221h¿ PAPERWORK REDUCTION. 

To the extent practicable, the Secretary and each authorized 

public chartering agency shall ensure that implementation of this 

subpart results in a minimum of paperwork for any eligible applicant or charter school. 

SEC. 4310. ø20 U.S.C. 7221i¿ DEFINITIONS. 

In this part: 

(1) AUTHORIZED PUBLIC CHARTERING AGENCY.—The term 

‘‘authorized public chartering agency’’ means a State educational agency, local educational agency, or other public entity 

that has the authority pursuant to State law and approved by 

the Secretary to authorize or approve a charter school. 

(2) CHARTER SCHOOL.—The term ‘‘charter school’’ means a 

public school that— 

(A) in accordance with a specific State statute authorizing the granting of charters to schools, is exempt from 

significant State or local rules that inhibit the flexible operation and management of public schools, but not from 

any rules relating to the other requirements of this paragraph; 

(B) is created by a developer as a public school, or is 

adapted by a developer from an existing public school, and 

is operated under public supervision and direction; 

(C) operates in pursuit of a specific set of educational 

objectives determined by the school’s developer and agreed 

to by the authorized public chartering agency; 

(D) provides a program of elementary or secondary 

education, or both; 

(E) is nonsectarian in its programs, admissions policies, employment practices, and all other operations, and 

is not affiliated with a sectarian school or religious institution; 

(F) does not charge tuition; 

(G) complies with the Age Discrimination Act of 1975, 

title VI of the Civil Rights Act of 1964, title IX of the Education Amendments of 1972, section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 

1990 (42 U.S.C. 12101 et seq.), section 444 of the General 

Education Provisions Act (20 U.S.C. 1232g) (commonly referred to as the ‘‘Family Educational Rights and Privacy 

Act of 1974’’), and part B of the Individuals with Disabilities Education Act; 

(H) is a school to which parents choose to send their 

children, and that— 


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7Margin so in law. 

(i) admits students on the basis of a lottery, consistent with section 4303(c)(3)(A), if more students 

apply for admission than can be accommodated; or 

(ii) in the case of a school that has an affiliated 

charter school (such as a school that is part of the 

same network of schools), automatically enrolls students who are enrolled in the immediate prior grade 

level of the affiliated charter school and, for any additional student openings or student openings created 

through regular attrition in student enrollment in the 

affiliated charter school and the enrolling school, admits students on the basis of a lottery as described in 

clause (i); 

(I) agrees to comply with the same Federal and State 

audit requirements as do other elementary schools and 

secondary schools in the State, unless such State audit requirements are waived by the State; 

(J) meets all applicable Federal, State, and local 

health and safety requirements; 

(K) operates in accordance with State law; 

(L) has a written performance contract with the authorized public chartering agency in the State that includes a description of how student performance will be 

measured in charter schools pursuant to State assessments that are required of other schools and pursuant to 

any other assessments mutually agreeable to the authorized public chartering agency and the charter school; and 

(M) 7 may serve students in early childhood education programs or postsecondary students. 

(3) CHARTER MANAGEMENT ORGANIZATION.—The term 

‘‘charter management organization’’ means a nonprofit organization that operates or manages a network of charter schools 

linked by centralized support, operations, and oversight. 

(4) CHARTER SCHOOL SUPPORT ORGANIZATION.—The term 

‘‘charter school support organization’’ means a nonprofit, nongovernmental entity that is not an authorized public chartering 

agency and provides, on a statewide basis— 

(A) assistance to developers during the planning, program design, and initial implementation of a charter 

school; and 

(B) technical assistance to operating charter schools. 

(5) DEVELOPER.—The term ‘‘developer’’ means an individual or group of individuals (including a public or private 

nonprofit organization), which may include teachers, administrators and other school staff, parents, or other members of the 

local community in which a charter school project will be carried out. 

(6) ELIGIBLE APPLICANT.—The term ‘‘eligible applicant’’ 

means a developer that has— 

(A) applied to an authorized public chartering authority to operate a charter school; and 


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(B) provided adequate and timely notice to that authority. 

(7) EXPAND.—The term ‘‘expand’’, when used with respect 

to a high-quality charter school, means to significantly increase 

enrollment or add one or more grades to the high-quality charter school. 

(8) HIGH-QUALITY CHARTER SCHOOL.—The term ‘‘high-quality charter school’’ means a charter school that— 

(A) shows evidence of strong academic results, which 

may include strong student academic growth, as determined by a State; 

(B) has no significant issues in the areas of student 

safety, financial and operational management, or statutory 

or regulatory compliance; 

(C) has demonstrated success in significantly increasing student academic achievement, including graduation 

rates where applicable, for all students served by the charter school; and 

(D) has demonstrated success in increasing student 

academic achievement, including graduation rates where 

applicable, for each of the subgroups of students, as defined in section 1111(c)(2), except that such demonstration 

is not required in a case in which the number of students 

in a group is insufficient to yield statistically reliable information or the results would reveal personally identifiable 

information about an individual student. 

(9) REPLICATE.—The term ‘‘replicate’’, when used with respect to a high-quality charter school, means to open a new 

charter school, or a new campus of a high-quality charter 

school, based on the educational model of an existing highquality charter school, under an existing charter or an additional charter, if permitted or required by State law. 

SEC. 4311. ø20 U.S.C. 7221j¿ AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated to carry out this 

part— 

(1) $270,000,000 for fiscal year 2017; 

(2) $270,000,000 for fiscal year 2018; 

(3) $300,000,000 for fiscal year 2019; and 

(4) $300,000,000 for fiscal year 2020. 

øcasterkx: Part D below transferred from part C of title V inserted so as to appear after part C (as so transferred and reds). 

Redes. sections 5301-5307 as sections 4401-4407. Strike section 

5308 and 5310 and redes. secs. 5309 and 5311 as 4408 and 4409.¿ 

PART D—MAGNET SCHOOLS ASSISTANCE 

SEC. 4401. ø20 U.S.C. 7231¿ FINDINGS AND PURPOSE. 

(a) FINDINGS.—Congress makes the following findings: 

(1) Magnet schools are a significant part of the Nation’s effort to achieve voluntary desegregation in our Nation’s schools. 

(2) The use of magnet schools has increased dramatically 

since the inception of the magnet schools assistance program 


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under this Act, with approximately 2,500,000 students nationwide attending such schools, of whom more than 69 percent 

are non-white. 

(3) Magnet schools offer a wide range of distinctive programs that have served as models for school improvement efforts. 

(4) It is in the best interests of the United States— 

(A) to continue the Federal Government’s support of 

local educational agencies that are implementing court-ordered desegregation plans and local educational agencies 

that are voluntarily seeking to foster meaningful interaction among students of different racial and ethnic backgrounds, beginning at the earliest stage of such students’ 

education; 

(B) to ensure that all students have equitable access 

to a high quality education that will prepare all students 

to function well in a technologically oriented and a highly 

competitive economy comprised of people from many different racial and ethnic backgrounds; and 

(C) to continue to desegregate and diversify schools by 

supporting magnet schools, recognizing that segregation 

exists between minority and nonminority students as well 

as among students of different minority groups. 

(5) Desegregation efforts through magnet school programs 

are a significant part of our Nation’s effort to achieve voluntary 

desegregation in schools and help to ensure equal educational 

opportunities for all students. 

(b) PURPOSE.—The purpose of this part is to assist in the desegregation of schools served by local educational agencies by providing financial assistance to eligible local educational agencies 

for— 

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

group isolation in elementary schools and secondary schools 

with substantial proportions of minority students, which shall 

include assisting in the efforts of the United States to achieve 

voluntary desegregation in public schools; 

(2) the development, implementation, and expansion of 

magnet school programs that will assist local educational agencies in achieving systemic reforms and providing all students 

the opportunity to meet challenging State academic standards; 

(3) the development, design, and expansion of innovative 

educational methods and practices that promote diversity and 

increase choices in public elementary schools and public secondary schools and public educational programs; 

(4) courses of instruction within magnet schools that will 

substantially strengthen the knowledge of academic subjects 

and the attainment of tangible and marketable career, technological, and professional skills of students attending such 

schools; 

(5) improving the capacity of local educational agencies, including through professional development, to continue operating magnet schools at a high performance level after Federal 

funding for the magnet schools is terminated; and 


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(6) ensuring that all students enrolled in the magnet 

school programs have equitable access to high quality education that will enable the students to succeed academically 

and continue with postsecondary education or employment. 

SEC. 4402. ø20 U.S.C. 7231a¿ DEFINITION. 

For the purpose of this part, the term ‘‘magnet school’’ means 

a public elementary school, public secondary school, public elementary education center, or public secondary education center that offers a special curriculum capable of attracting substantial numbers 

of students of different racial backgrounds. 

SEC. 4403. ø20 U.S.C. 7231b¿ PROGRAM AUTHORIZED. 

The Secretary, in accordance with this part, is authorized to 

award grants to eligible local educational agencies, and consortia of 

such agencies where appropriate, to carry out the purpose of this 

part for magnet schools that are— 

(1) part of an approved desegregation plan; and 

(2) designed to bring students from different social, economic, ethnic, and racial backgrounds together. 

SEC. 4404. ø20 U.S.C. 7231c¿ ELIGIBILITY. 

A local educational agency, or consortium of such agencies 

where appropriate, is eligible to receive a grant under this part to 

carry out the purpose of this part if such agency or consortium— 

(1) is implementing a plan undertaken pursuant to a final 

order issued by a court of the United States, or a court of any 

State, or any other State agency or official of competent jurisdiction, that requires the desegregation of minority-group-segregated children or faculty in the elementary schools and secondary schools of such agency; or 

(2) without having been required to do so, has adopted and 

is implementing, or will, if a grant is awarded to such local 

educational agency, or consortium of such agencies, under this 

part, adopt and implement a plan that has been approved by 

the Secretary as adequate under title VI of the Civil Rights Act 

of 1964 for the desegregation of minority-group-segregated children or faculty in such schools. 

SEC. 4405. ø20 U.S.C. 7231d¿ APPLICATIONS AND REQUIREMENTS. 

(a) APPLICATIONS.—An eligible local educational agency, or consortium of such agencies, desiring to receive a grant under this 

part shall submit an application to the Secretary at such time, in 

such manner, and containing such information and assurances as 

the Secretary may reasonably require. 

(b) INFORMATION AND ASSURANCES.—Each application submitted under subsection (a) shall include— 

(1) a description of— 

(A) how a grant awarded under this part will be used 

to promote desegregation, including any available evidence 

on, or if such evidence is not available, a rationale, based 

on current research, for how the proposed magnet school 

programs will increase interaction among students of different social, economic, ethnic, and racial backgrounds; 

(B) the manner and extent to which the magnet school 

program will increase student academic achievement in 


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the instructional area or areas offered by the school, including any evidence, or if such evidence is not available, 

a rationale based on current research findings, to support 

such description; 

(C) how the applicant will continue the magnet school 

program after assistance under this part is no longer available, and, if applicable, an explanation of why magnet 

schools established or supported by the applicant with 

grant funds under this part cannot be continued without 

the use of grant funds under this part; 

(D) how the applicant will assess, monitor, and evaluate the impact of the activities funded under this part on 

student achievement and integration; 

(E) how grant funds under this part will be used— 

(i) to improve student academic achievement for 

all students attending the magnet school programs; 

and 

(ii) to implement services and activities that are 

consistent with other programs under this Act, and 

other Acts, as appropriate; and 

(F) the criteria to be used in selecting students to attend the proposed magnet school program; and 

(2) assurances that the applicant will— 

(A) use grant funds under this part for the purposes 

specified in section 4401(b); 

(B) employ effective teachers in the courses of instruction assisted under this part; 

(C) not engage in discrimination based on race, religion, color, national origin, sex, or disability in— 

(i) the hiring, promotion, or assignment of employees of the applicant or other personnel for whom the 

applicant has any administrative responsibility; 

(ii) the assignment of students to schools, or to 

courses of instruction within the schools, of such applicant, except to carry out the approved plan; and 

(iii) designing or operating extracurricular activities for students; 

(D) carry out a high-quality education program that 

will encourage greater parental decisionmaking and involvement; and 

(E) give students residing in the local attendance area 

of the proposed magnet school program equitable consideration for placement in the program, consistent with desegregation guidelines and the capacity of the applicant to accommodate the students. 

(c) SPECIAL RULE.—No grant shall be awarded under this part 

unless the Assistant Secretary of Education for Civil Rights determines that the assurances described in subsection (b)(2)(C) will be 

met. 

SEC. 4406. ø20 U.S.C. 7231e¿ PRIORITY. 

In awarding grants under this part, the Secretary shall give 

priority to applicants that— 


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(1) demonstrate the greatest need for assistance, based on 

the expense or difficulty of effectively carrying out approved 

desegregation plans and the magnet school program for which 

the grant is sought; 

(2) propose to— 

(A) carry out a new, evidence-based magnet school program; 

(B) significantly revise an existing magnet school program, using evidence-based methods and practices, as 

available; or 

(C) replicate an existing magnet school program that 

has a demonstrated record of success in increasing student 

academic achievement and reducing isolation of minority 

groups; 

(3) propose to select students to attend magnet school programs by methods such as lottery, rather than through academic examination; and 

(4) propose to increase racial integration by taking into account socioeconomic diversity in designing and implementing 

magnet school programs. 

SEC. 4407. ø20 U.S.C. 7231f¿ USE OF FUNDS. 

(a) IN GENERAL.—Grant funds made available under this part 

may be used by an eligible local educational agency, or consortium 

of such agencies— 

(1) for planning and promotional activities directly related 

to the development, expansion, continuation, or enhancement 

of academic programs and services offered at magnet schools; 

(2) for the acquisition of books, materials, and equipment, 

including computers and the maintenance and operation of materials, equipment, and computers, necessary to conduct programs in magnet schools; 

(3) for the compensation, or subsidization of the compensation, of elementary school and secondary school teachers who 

are effective, and instructional staff where applicable, who are 

necessary to conduct programs in magnet schools; 

(4) with respect to a magnet school program offered to less 

than the entire student population of a school, for instructional 

activities that— 

(A) are designed to make available the special curriculum that is offered by the magnet school program to 

students who are enrolled in the school but who are not 

enrolled in the magnet school program; and 

(B) further the purpose of this part; 

(5) for activities, which may include professional development, that will build the recipient’s capacity to operate magnet 

school programs once the grant period has ended; 

(6) to enable the local educational agency, or consortium of 

such agencies, to have more flexibility in the administration of 

a magnet school program in order to serve students attending 

a school who are not enrolled in a magnet school program; 

(7) to enable the local educational agency, or consortium of 

such agencies, to have flexibility in designing magnet schools 

for students in all grades; 


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(8) to enable the local educational agency, or consortium of 

such agencies, or other organizations partnered with such 

agency or consortium, to establish, expand, or strengthen interdistrict and regional magnet programs; and 

(9) notwithstanding section 426 of the General Education 

Provisions Act (20 U.S.C. 1228), to provide transportation to 

and from the magnet school, provided that— 

(A) such transportation is sustainable beyond the 

grant period; and 

(B) the costs of providing transportation do not represent a significant portion of the grant funds received by 

the eligible local educational agency under this part. 

(b) SPECIAL RULE.—Grant funds under this part may be used 

for activities described in paragraphs (2) and (3) of subsection (a) 

only if the activities are directly related to improving student academic achievement based on the challenging State academic standards or directly related to improving student reading skills or 

knowledge of mathematics, science, history, geography, English, 

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

and professional skills. 

SEC. 4408. ø20 U.S.C. 7231h¿ LIMITATIONS. 

(a) DURATION OF AWARDS.—A grant under this part shall be 

awarded for a period that shall not exceed 5 fiscal years. 

(b) LIMITATION ON PLANNING FUNDS.—A local educational 

agency, or consortium of such agencies, may expend for planning 

(professional development shall not be considered to be planning 

for purposes of this subsection) not more than 50 percent of the 

grant funds received under this part for the first year of the program and not more than 15 percent of such funds for each of the 

second and third such years. 

(c) AMOUNT.—No grant awarded under this part to a local educational agency, or a consortium of such agencies, shall be for more 

than $15,000,000 for the grant period described in subsection (a). 

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

award grants for any fiscal year under this part not later than 

June 1 of the applicable fiscal year. 

SEC. 4409. ø20 U.S.C. 7231j¿ AUTHORIZATION OF APPROPRIATIONS; 

RESERVATION. 

(a) AUTHORIZATION.—There are authorized to be appropriated 

to carry out this part the following amounts: (1) $94,000,000 for fiscal year 2017. 

(2) $96,820,000 for fiscal year 2018. 

(3) $102,387,150 for fiscal year 2019. 

(4) $108,530,379 for fiscal year 2020. 

(b) RESERVATION FOR TECHNICAL ASSISTANCE.—The Secretary 

may reserve not more than 1 percent of the funds appropriated 

under subsection (a) for any fiscal year to provide technical assistance and share best practices with respect to magnet school programs assisted under this part. 

(c) AVAILABILITY OF FUNDS FOR GRANTS TO AGENCIES NOT PREVIOUSLY ASSISTED.—In any fiscal year for which the amount appropriated pursuant to subsection (a) exceeds $75,000,000, the Secretary shall give priority in using such amounts in excess of 


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$75,000,000 to awarding grants to local educational agencies or 

consortia of such agencies that did not receive a grant under this 

part in the preceding fiscal year. 

PART E—FAMILY ENGAGEMENT IN 

EDUCATION PROGRAMS 

SEC. 4501. ø20 U.S.C. 7241¿ PURPOSES. 

The purposes of this part are the following: 

(1) To provide financial support to organizations to provide 

technical assistance and training to State educational agencies 

and local educational agencies in the implementation and enhancement of systemic and effective family engagement policies, programs, and activities that lead to improvements in student development and academic achievement. 

(2) To assist State educational agencies, local educational 

agencies, community-based organizations, schools, and educators in strengthening partnerships among parents, teachers, 

school leaders, administrators, and other school personnel in 

meeting the educational needs of children and fostering greater 

parental engagement. 

(3) To support State educational agencies, local educational 

agencies, schools, educators, and parents in developing and 

strengthening the relationship between parents and their children’s school in order to further the developmental progress of 

children. 

(4) To coordinate activities funded under this part with 

parent involvement initiatives funded under section 1116 and 

other provisions of this Act. 

(5) To assist the Secretary, State educational agencies, and 

local educational agencies in the coordination and integration 

of Federal, State, and local services and programs to engage 

families in education. 

SEC. 4502. ø20 U.S.C. 7242¿ GRANTS AUTHORIZED. 

(a) STATEWIDE FAMILY ENGAGEMENT CENTERS.—From the 

amount appropriated under section 4506 and not reserved under 

subsection (d), the Secretary is authorized to award grants for each 

fiscal year to statewide organizations (or consortia of such organizations), to establish statewide family engagement centers that— 

(1) carry out parent education, and family engagement in 

education, programs; or 

(2) provide comprehensive training and technical assistance to State educational agencies, local educational agencies, 

schools identified by State educational agencies and local educational agencies, organizations that support family-school 

partnerships, and other organizations that carry out such programs. 

(b) MINIMUM AWARD.—In awarding grants under this section, 

the Secretary shall, to the extent practicable, ensure that a grant 

is awarded for a statewide family engagement center in an amount 

not less than $500,000. 

(c) MATCHING FUNDS FOR GRANT RENEWAL.—Each organization 

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onstrate that, for each fiscal year after the first fiscal year for 

which the organization or consortium is receiving such assistance, 

a portion of the services provided by the organization or consortium 

is supported through non-Federal contributions, which may be in 

cash or in-kind. 

(d) TECHNICAL ASSISTANCE.—The Secretary shall reserve not 

more than 2 percent of the funds appropriated under section 4506 

to carry out this part to provide technical assistance, by competitive grant or contract, for the establishment, development, and coordination of statewide family engagement centers. 

SEC. 4503. ø20 U.S.C. 7243¿ APPLICATIONS. 

(a) SUBMISSIONS.—Each statewide organization, or a consortium of such organizations, that desires a grant under this part 

shall submit an application to the Secretary at such time and in 

such manner as the Secretary may require, which shall include the 

information described in subsection (b). 

(b) CONTENTS.—Each application submitted under subsection 

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

(1) A description of the applicant’s approach to family engagement in education. 

(2) A description of how the State educational agency and 

any partner organization will support the statewide family engagement center that will be operated by the applicant including a description of the State educational agency and any partner organization’s commitment of such support. 

(3) A description of the applicant’s plan for building a 

statewide infrastructure for family engagement in education, 

that includes— 

(A) management and governance; 

(B) statewide leadership; or 

(C) systemic services for family engagement in education. 

(4) A description of the applicant’s demonstrated experience in providing training, information, and support to State 

educational agencies, local educational agencies, schools, educators, parents, and organizations on family engagement in 

education policies and practices that are effective for parents 

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

learners, minorities, students with disabilities, homeless children and youth, children and youth in foster care, and migrant 

students, including evaluation results, reporting, or other data 

exhibiting such demonstrated experience. 

(5) A description of the steps the applicant will take to target services to low-income students and parents. 

(6) An assurance that the applicant will— 

(A) establish a special advisory committee, the membership of which includes— 

(i) parents, who shall constitute a majority of the 

members of the special advisory committee; 

(ii) representatives of education professionals with 

expertise in improving services for disadvantaged children; 


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(iii) representatives of local elementary schools 

and secondary schools, including students; 

(iv) representatives of the business community; 

and 

(v) representatives of State educational agencies 

and local educational agencies; 

(B) use not less than 65 percent of the funds received 

under this part in each fiscal year to serve local educational agencies, schools, and community-based organizations that serve high concentrations of disadvantaged students, including students who are English learners, minorities, students with disabilities, homeless children and 

youth, children and youth in foster care, and migrant students; 

(C) operate a statewide family engagement center of 

sufficient size, scope, and quality to ensure that the center 

is adequate to serve the State educational agency, local 

educational agencies, and community-based organizations; 

(D) ensure that the statewide family engagement center will retain staff with the requisite training and experience to serve parents in the State; 

(E) serve urban, suburban, and rural local educational 

agencies and schools; 

(F) work with— 

(i) other statewide family engagement centers assisted under this part; and 

(ii) parent training and information centers and 

community parent resource centers assisted under sections 671 and 672 of the Individuals with Disabilities 

Education Act (20 U.S.C. 1471; 1472); 

(G) use not less than 30 percent of the funds received 

under this part for each fiscal year to establish or expand 

technical assistance for evidence-based parent education 

programs; 

(H) provide assistance to State educational agencies, 

local educational agencies, and community-based organizations that support family members in supporting student 

academic achievement; 

(I) work with State educational agencies, local educational agencies, schools, educators, and parents to determine parental needs and the best means for delivery of 

services to address such needs; 

(J) conduct sufficient outreach to assist parents, including parents who the applicant may have a difficult 

time engaging with a school or local educational agency; 

and 

(K) conduct outreach to low-income students and parents, including low-income students and parents who are 

not proficient in English. 

(7) An assurance that the applicant will conduct training 

programs in the community to improve adult literacy, including financial literacy. 

(c) PRIORITY.—In awarding grants for activities described in 

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gagement centers that will use funds under section 4504 for evidence-based activities, which, for the purposes of this part is defined as activities meeting the requirements of section 

8101(21)(A)(i). 

SEC. 4504. ø20 U.S.C. 7244¿ USES OF FUNDS. 

(a) IN GENERAL.—Each statewide organization or consortium 

receiving a grant under this part shall use the grant funds, based 

on the needs determined under section 4503(b)(6)(I), to provide 

training and technical assistance to State educational agencies, 

local educational agencies, and organizations that support familyschool partnerships, and activities, services, and training for local 

educational agencies, school leaders, educators, and parents— 

(1) to assist parents in participating effectively in their 

children’s education and to help their children meet challenging State academic standards, such as by assisting parents— 

(A) to engage in activities that will improve student 

academic achievement, including understanding how parents can support learning in the classroom with activities 

at home and in after school and extracurricular programs; 

(B) to communicate effectively with their children, 

teachers, school leaders, counselors, administrators, and 

other school personnel; 

(C) to become active participants in the development, 

implementation, and review of school-parent compacts, 

family engagement in education policies, and school planning and improvement; 

(D) to participate in the design and provision of assistance to students who are not making academic progress; 

(E) to participate in State and local decisionmaking; 

(F) to train other parents; and 

(G) in learning and using technology applied in their 

children’s education; 

(2) to develop and implement, in partnership with the 

State educational agency, statewide family engagement in education policy and systemic initiatives that will provide for a 

continuum of services to remove barriers for family engagement in education and support school reform efforts; and 

(3) to develop and implement parental involvement policies 

under this Act. 

(b) RULE OF CONSTRUCTION.—Nothing in this section shall be 

construed to prohibit a statewide family engagement center from— 

(1) having its employees or agents meet with a parent at 

a site that is not on school grounds; or 

(2) working with another agency that serves children. 

(c) PARENTAL RIGHTS.—Notwithstanding any other provision of 

this section— 

(1) no person (including a parent who educates a child at 

home, a public school parent, or a private school parent) shall 

be required to participate in any program of parent education 

or developmental screening under this section; and 


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(2) no program or center assisted under this section shall 

take any action that infringes in any manner on the right of 

parents to direct the education of their children. 

SEC. 4505. ø20 U.S.C. 7245¿ FAMILY ENGAGEMENT IN INDIAN SCHOOLS. 

The Secretary of the Interior, in consultation with the Secretary of Education, shall establish, or enter into contracts and cooperative agreements with, local tribes, tribal organizations, or Indian nonprofit parent organizations to establish and operate family 

engagement centers. 

SEC. 4506. ø20 U.S.C. 7246¿ AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated to carry out this part 

$10,000,000 for each of fiscal years 2017 through 2020. 

PART F—NATIONAL ACTIVITIES 

SEC. 4601. ø20 U.S.C. 7251¿ AUTHORIZATION OF APPROPRIATIONS; RESERVATIONS. 

(a) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to carry out this part— 

(1) $200,741,000 for each of fiscal years 2017 and 2018; 

and 

(2) $220,741,000 for each of fiscal years 2019 and 2020. 

(b) RESERVATIONS.—From the amounts appropriated under 

subsection (a) for a fiscal year, the Secretary shall— 

(1) reserve $5,000,000 to carry out activities authorized 

under subpart 3; and 

(2) from the amounts remaining after the reservation 

under paragraph (1)— 

(A) carry out activities authorized under subpart 1 

using— 

(i) 36 percent of such remainder for each of fiscal 

years 2017 and 2018; and 

(ii) 42 percent of such remainder for each of fiscal 

years 2019 and 2020; 

(B) carry out activities authorized under subpart 2 

using— 

(i) 36 percent of such remainder for each of fiscal 

years 2017 and 2018; and 

(ii) 32 percent of such remainder for each of fiscal 

years 2019 and 2020; and 

(C) to carry out activities authorized under subpart 

4— 

(i) 28 percent of such remainder for each of fiscal 

years 2017 and 2018; and 

(ii) 26 percent of such remainder for each of fiscal 

years 2019 and 2020. 

Subpart 1—Education Innovation and Research 

SEC. 4611. ø20 U.S.C. 7261¿ GRANTS FOR EDUCATION INNOVATION AND 

RESEARCH. 

(a) PROGRAM AUTHORIZED.— 


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(1) IN GENERA.—L From funds reserved under section 

4601(b)(2)(A), the Secretary shall make grants to eligible entities to enable the eligible entities to— 

(A) create, develop, implement, replicate, or take to 

scale entrepreneurial, evidence-based, field-initiated innovations to improve student achievement and attainment 

for high-need students; and 

(B) rigorously evaluate such innovations, in accordance with subsection (e). 

(2) DESCRIPTION OF GRANTS.—The grants described in 

paragraph (1) shall include— 

(A) early-phase grants to fund the development, implementation, and feasibility testing of a program, which 

prior research suggests has promise, for the purpose of determining whether the program can successfully improve 

student achievement or attainment for high-need students; 

(B) mid-phase grants to fund implementation and a 

rigorous evaluation of a program that has been successfully implemented under an early-phase grant described in 

subparagraph (A) or other effort meeting similar criteria, 

for the purpose of measuring the program’s impact and 

cost effectiveness, if possible using existing administrative 

data; and 

(C) expansion grants to fund implementation and a 

rigorous replication evaluation of a program that has been 

found to produce sizable, important impacts under a midphase grant described in subparagraph (B) or other effort 

meeting similar criteria, for the purposes of— 

(i) determining whether such impacts can be successfully reproduced and sustained over time; and 

(ii) identifying the conditions in which the program is most effective. 

(b) ELIGIBLE ENTITY.—In this subpart, the term ‘‘eligible entity’’ means any of the following: 

(1) A local educational agency. 

(2) A State educational agency. 

(3) The Bureau of Indian Education. 

(4) A consortium of State educational agencies or local educational agencies. 

(5) A nonprofit organization. 

(6) A State educational agency, a local educational agency, 

a consortium described in paragraph (4), or the Bureau of Indian Education, in partnership with— 

(A) a nonprofit organization; 

(B) a business; 

(C) an educational service agency; or 

(D) an institution of higher education. 

(c) RURAL AREAS.— 

(1) IN GENERAL.—In awarding grants under subsection (a), 

the Secretary shall ensure that not less than 25 percent of the 

funds made available for any fiscal year are awarded for programs that meet both of the following requirements: 

(A) The grantee is— 


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(i) a local educational agency with an urban-centric district locale code of 32, 33, 41, 42, or 43, as determined by the Secretary; 

(ii) a consortium of such local educational agencies; 

(iii) an educational service agency or a nonprofit 

organization in partnership with such a local educational agency; or 

(iv) a grantee described in clause (i) or (ii) in partnership with a State educational agency. 

(B) A majority of the schools to be served by the program are designated with a locale code of 32, 33, 41, 42, 

or 43, or a combination of such codes, as determined by the 

Secretary. 

(2) EXCEPTION.—Notwithstanding paragraph (1), the Secretary shall reduce the amount of funds made available under 

such paragraph if the Secretary does not receive a sufficient 

number of applications of sufficient quality. 

(d) MATCHING FUNDS.—In order to receive a grant under subsection (a), an eligible entity shall demonstrate that the eligible entity will provide matching funds, in cash or through in-kind contributions, from Federal, State, local, or private sources in an 

amount equal to 10 percent of the funds provided under such 

grant, except that the Secretary may waive the matching funds requirement, on a case-by-case basis, upon a showing of exceptional 

circumstances, such as— 

(1) the difficulty of raising matching funds for a program 

to serve a rural area; 

(2) the difficulty of raising matching funds in areas with 

a concentration of local educational agencies or schools with a 

high percentage of students aged 5 through 17— 

(A) who are in poverty, as counted in the most recent 

census data approved by the Secretary; 

(B) who are eligible for a free or reduced price lunch 

under the Richard B. Russell National School Lunch Act 

(42 U.S.C. 1751 et seq.); 

(C) whose families receive assistance under the State 

program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.); or 

(D) who are eligible to receive medical assistance 

under the Medicaid program; and 

(3) the difficulty of raising funds on tribal land. 

(e) EVALUATION.—Each recipient of a grant under this section 

shall conduct an independent evaluation of the effectiveness of the 

program carried out under such grant. 

(f) TECHNICAL ASSISTANCE.—The Secretary may reserve not 

more than 5 percent of the funds appropriated under section 

4601(b)(2)(A) for each fiscal year to— 

(1) provide technical assistance for eligibility entities, 

which may include pre-application workshops, web-based seminars, and evaluation support; and 

(2) to disseminate best practices. 


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Subpart 2—Community Support for School 

Success 

SEC. 4621. ø20 U.S.C. 7271¿ PURPOSES. 

The purposes of this subpart are to— 

(1) significantly improve the academic and developmental 

outcomes of children living in the most distressed communities 

of the United States, including ensuring school readiness, high 

school graduation, and access to a community-based continuum 

of high-quality services; and 

(2) provide support for the planning, implementation, and 

operation of full-service community schools that improve the 

coordination and integration, accessibility, and effectiveness of 

services for children and families, particularly for children attending high-poverty schools, including high-poverty rural 

schools. 

SEC. 4622. ø20 U.S.C. 7272¿ DEFINITIONS. 

In this subpart: 

(1) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means the 

following: 

(A) With respect to a grant for activities described in 

section 4623(a)(1)(A)— 

(i) an institution of higher education, as defined in 

section 102 of the Higher Education Act of 1965 (20 

U.S.C. 1002); 

(ii) an Indian tribe or tribal organization, as defined in section 4 of the Indian Self-Determination and 

Education Assistance Act (25 U.S.C. 450b); or 

(iii) one or more nonprofit entities working in formal partnership with not less than 1 of the following 

entities: 

(I) A high-need local educational agency. 

(II) An institution of higher education, as defined in section 102 of the Higher Education Act 

of 1965 (20 U.S.C. 1002). 

(III) The office of a chief elected official of a 

unit of local government. 

(IV) An Indian tribe or tribal organization, as 

defined under section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 

450b). 

(B) With respect to a grant for activities described in 

section 4623(a)(1)(B), a consortium of— 

(i)(I) 1 or more local educational agencies; or 

(II) the Bureau of Indian Education; and 

(ii) 1 or more community-based organizations, 

nonprofit organizations, or other public or private entities. 

(2) FULL-SERVICE COMMUNITY SCHOOL.—The term ‘‘fullservice community school’’ means a public elementary school or 

secondary school that— 

(A) participates in a community-based effort to coordinate and integrate educational, developmental, family, 


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health, and other comprehensive services through community-based organizations and public and private partnerships; and 

(B) provides access to such services in school to students, families, and the community, such as access during 

the school year (including before- and after-school hours 

and weekends), as well as during the summer. 

(3) PIPELINE SERVICES.—The term ‘‘pipeline services’’ 

means a continuum of coordinated supports, services, and opportunities for children from birth through entry into and success in postsecondary education, and career attainment. Such 

services shall include, at a minimum, strategies to address 

through services or programs (including integrated student 

supports) the following: 

(A) High-quality early childhood education programs. 

(B) High-quality school and out-of-school-time programs and strategies. 

(C) Support for a child’s transition to elementary 

school, from elementary school to middle school, from middle school to high school, and from high school into and 

through postsecondary education and into the workforce, 

including any comprehensive readiness assessment determined necessary. 

(D) Family and community engagement and supports, 

which may include engaging or supporting families at 

school or at home. 

(E) Activities that support postsecondary and workforce readiness, which may include job training, internship 

opportunities, and career counseling. 

(F) Community-based support for students who have 

attended the schools in the area served by the pipeline, or 

students who are members of the community, facilitating 

their continued connection to the community and success 

in postsecondary education and the workforce. 

(G) Social, health, nutrition, and mental health services and supports. 

(H) Juvenile crime prevention and rehabilitation programs. 

SEC. 4623. ø20 U.S.C. 7273¿ PROGRAM AUTHORIZED. 

(a) PROGRAM AUTHORIZED.— 

(1) IN GENERAL.—The Secretary shall use not less than 95 

percent of the amounts made available under section 

4601(b)(2)(B) to award grants, on a competitive basis and subject to subsection (e), to eligible entities for the following activities: 

(A) PROMISE NEIGHBORHOODS.—The implementation of 

a comprehensive, effective continuum of coordinated services that meets the purpose described in section 4621(1) by 

carrying out activities in neighborhoods with— 

(i) high concentrations of low-income individuals; 

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ure, and juvenile delinquency, adjudication, or incarceration; and 

(iii) schools implementing comprehensive support 

and improvement activities or targeted support and 

improvement activities under section 1111(d). 

(B) FULL-SERVICE COMMUNITY SCHOOLS.—The provision of assistance to public elementary schools or secondary schools to function as full-service community 

schools. 

(2) SUFFICIENT SIZE AND SCOPE.—Each grant awarded 

under this subpart shall be of sufficient size and scope to allow 

the eligible entity to carry out the applicable purposes of this 

subpart. 

(b) DURATION.—A grant awarded under this subpart shall be 

for a period of not more than 5 years, and may be extended for an 

additional period of not more than 2 years. 

(c) CONTINUED FUNDING.—Continued funding of a grant under 

this subpart, including a grant extended under subsection (b), after 

the third year of the initial grant period shall be contingent on the 

eligible entity’s progress toward meeting— 

(1) with respect to a grant for activities described in section 4624, the performance metrics described in section 

4624(h); and 

(2) with respect to a grant for activities described in section 4625, annual performance objectives and outcomes under 

section 4625(a)(4)(C). 

(d) MATCHING REQUIREMENTS.— 

(1) PROMISE NEIGHBORHOOD ACTIVITIES.— 

(A) MATCHING FUNDS.—Each eligible entity receiving a 

grant under this subpart for activities described in section 

4624 shall contribute matching funds in an amount equal 

to not less than 100 percent of the amount of the grant. 

Such matching funds shall come from Federal, State, local, 

and private sources. 

(B) PRIVATE SOURCES.—The Secretary shall require 

that a portion of the matching funds come from private 

sources, which may include in-kind contributions. 

(C) ADJUSTMENT.—The Secretary may adjust the 

matching funds requirement under this paragraph for applicants that demonstrate high need, including applicants 

from rural areas and applicants that wish to provide services on tribal lands. 

(D) FINANCIAL HARDSHIP WAIVER.—The Secretary may 

waive or reduce, on a case-by-case basis, the matching requirement under this paragraph, including the requirement for funds from private sources, for a period of 1 year 

at a time, if the eligible entity demonstrates significant financial hardship. 

(2) FULL-SERVICE COMMUNITY SCHOOLS ACTIVITIES.— 

(A) IN GENERAL.—Each eligible entity receiving a 

grant under this subpart for activities described in section 

4625 shall provide matching funds from non-Federal 

sources, which may be provided in part with in-kind contributions. 


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(B) SPECIAL RULE.—The Bureau of Indian Education 

may meet the requirement of subparagraph (A) using 

funds from other Federal sources. 

(3) SPECIAL RULES.— 

(A) IN GENERAL.—The Secretary may not require any 

eligible entity receiving a grant under this subpart to provide matching funds in an amount that exceeds the 

amount of the grant award. 

(B) CONSIDERATION.—Notwithstanding this subsection, 

the Secretary shall not consider the ability of an eligible 

entity to match funds when determining which applicants 

will receive grants under this subpart. 

(e) RESERVATION FOR RURAL AREAS.— 

(1) IN GENERAL.—From the amounts allocated under subsection (a) for grants to eligible entities, the Secretary shall use 

not less than 15 percent of such amounts to award grants to 

eligible entities that propose to carry out the activities described in such subsection in rural areas. 

(2) EXCEPTION.—The Secretary shall reduce the amount 

described in paragraph (1) if the Secretary does not receive a 

sufficient number of applications of sufficient quality. 

(f) MINIMUM NUMBER OF GRANTS.—For each fiscal year, the 

Secretary shall award under this subpart not fewer than 3 grants 

for activities described in section 4624 and not fewer than 10 

grants for activities described in section 4625, subject to the availability of appropriations, the requirements of subsection (a)(2), and 

the number and quality of applications. 

SEC. 4624. ø20 U.S.C. 7274¿ PROMISE NEIGHBORHOODS. 

(a) APPLICATION REQUIREMENTS.—An eligible entity desiring a 

grant under this subpart for activities described in this section 

shall submit an application to the Secretary at such time and in 

such manner as the Secretary may require, including, at a minimum, all of the following: 

(1) A plan to significantly improve the academic outcomes 

of children living in a neighborhood that is served by the eligible entity— 

(A) by providing pipeline services that address the 

needs of children in the neighborhood, as identified by the 

needs analysis described in paragraph (4); and 

(B) that is supported by effective practices. 

(2) A description of the neighborhood that the eligible entity will serve. 

(3) Measurable annual objectives and outcomes for the 

grant, in accordance with the metrics described in subsection 

(h), for each year of the grant. 

(4) An analysis of the needs and assets of the neighborhood identified in paragraph (1), including— 

(A) the size and scope of the population affected; 

(B) a description of the process through which the 

needs analysis was produced, including a description of 

how parents, families, and community members were engaged in such analysis; 


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(C) an analysis of community assets and collaborative 

efforts (including programs already provided from Federal 

and non-Federal sources) within, or accessible to, the 

neighborhood, including, at a minimum, early learning opportunities, family and student supports, local businesses, 

local educational agencies, and institutions of higher education; 

(D) the steps that the eligible entity is taking, at the 

time of the application, to address the needs identified in 

the needs analysis; and 

(E) any barriers the eligible entity, public agencies, 

and other community-based organizations have faced in 

meeting such needs. 

(5) A description of— 

(A) all information that the entity used to identify the 

pipeline services to be provided, which shall not include information that is more than 3 years old; and 

(B) how the eligible entity will— 

(i) collect data on children served by each pipeline 

service; and 

(ii) increase the percentage of children served over 

time. 

(6) A description of the process used to develop the application, including the involvement of family and community members. 

(7) A description of how the pipeline services will facilitate 

the coordination of the following activities: 

(A) Providing early learning opportunities for children, 

including by— 

(i) providing opportunities for families to acquire 

the skills to promote early learning and child development; and 

(ii) ensuring appropriate diagnostic assessments 

and referrals for children with disabilities and children aged 3 through 9 experiencing developmental 

delays, consistent with the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.), where applicable. 

(B) Supporting, enhancing, operating, or expanding 

rigorous, comprehensive, effective educational improvements, which may include high-quality academic programs, expanded learning time, and programs and activities to prepare students for postsecondary education admissions and success. 

(C) Supporting partnerships between schools and 

other community resources with an integrated focus on 

academics and other social, health, and familial supports. 

(D) Providing social, health, nutrition, and mental 

health services and supports, for children, family members, and community members, which may include services 

provided within the school building. 

(E) Supporting evidence-based programs that assist 

students through school transitions, which may include expanding access to postsecondary education courses and 


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postsecondary education enrollment aid or guidance, and 

other supports for at-risk youth. 

(8) A description of the strategies that will be used to provide pipeline services (including a description of which programs and services will be provided to children, family members, community members, and children within the neighborhood) to support the purpose described in section 4621(1). 

(9) An explanation of the process the eligible entity will 

use to establish and maintain family and community engagement, including— 

(A) involving representative participation by the members of such neighborhood in the planning and implementation of the activities of each grant awarded under this 

subpart for activities described in this section; 

(B) the provision of strategies and practices to assist 

family and community members in actively supporting student achievement and child development; 

(C) providing services for students, families, and communities within the school building; and 

(D) collaboration with institutions of higher education, 

workforce development centers, and employers to align expectations and programming with postsecondary education 

and workforce readiness, 

(10) An explanation of how the eligible entity will continuously evaluate and improve the continuum of high-quality 

pipeline services to provide for continuous program improvement and potential expansion. 

(b) PRIORITY.—In awarding grants for activities described in 

this section, the Secretary shall give priority to eligible entities 

that will use funds under subsection (d) for evidence-based activities, which, for purposes of this subsection, is defined as activities 

meeting the requirements of section 8101(21)(A)(i). 

(c) MEMORANDUM OF UNDERSTANDING.—As eligible entity 

shall, as part of the application described in subsection (a), submit 

a preliminary memorandum of understanding, signed by each partner entity or agency described in section 4622(1)(A)(3) (if applicable) and detailing each partner’s financial, programmatic, and longterm commitment with respect to the strategies described in the 

application. 

(d) USES OF FUNDS.—Each eligible entity that receives a grant 

under this subpart to carry out a program of activities described in 

this section shall use the grant funds to— 

(1) support planning activities to develop and implement 

pipeline services; 

(2) implement the pipeline services; and 

(3) continuously evaluate the success of the program and 

improve the program based on data and outcomes. 

(e) SPECIAL RULES.— 

(1) FUNDS FOR PIPELINE SERVICES.—Each eligible entity 

that receives a grant under this subpart for activities described 

in this section shall, for the first year of the grant, use not less 

than 50 percent of the grant funds, and, for the second year 

of the grant, use not less than 25 percent of the grant funds, 

to carry out the activities described in subsection (d)(1). 


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(2) OPERATIONAL FLEXIBILITY.—Each eligible entity that 

operates a school in a neighborhood served by a grant program 

under this subpart for activities described in this section shall 

provide such school with the operational flexibility, including 

autonomy over staff, time, and budget, needed to effectively 

carry out the activities described in the application under subsection (a). 

(3) LIMITATION ON USE OF FUNDS FOR EARLY CHILDHOOD

EDUCATION PROGRAMS.—Funds provided under this subpart for 

activities described in this section that are used to improve 

early childhood education programs shall not be used to carry 

out any of the following activities: 

(A) Assessments that provide rewards or sanctions for 

individual children or teachers. 

(B) A single assessment that is used as the primary or 

sole method for assessing program effectiveness. 

(C) Evaluating children, other than for the purposes of 

improving instruction, classroom environment, professional 

development, or parent and family engagement, or program improvement. 

(f) REPORT.—Each eligible entity that receives a grant under 

this subpart for activities described in this section shall prepare 

and submit an annual report to the Secretary, which shall include— 

(1) information about the number and percentage of children in the neighborhood who are served by the grant program, including a description of the number and percentage of 

children accessing each support or service offered as part of the 

pipeline services; and 

(2) information relating to the performance metrics described in subsection (h). 

(g) PUBLICLY AVAILABLE DATA.—Each eligible entity that receives a grant under this subpart for activities described in this 

section shall make publicly available, including through electronic 

means, the information described in subsection (f). To the extent 

practicable, such information shall be provided in a form and language accessible to parents and families in the neighborhood 

served under the grant, and such information shall be a part of 

statewide longitudinal data systems. 

(h) PERFORMANCE INDICATORS.— 

(1) IN GENERAL.—The Secretary shall establish performance indicators under paragraph (2) and corresponding metrics 

to be used for the purpose of reporting under paragraph (3) 

and program evaluation under subsection (i). 

(2) INDICATORS.—The performance indicators established 

by the Secretary under paragraph (1) shall be indicators of improved academic and developmental outcomes for children, including indicators of school readiness, high school graduation, 

postsecondary education and career readiness, and other academic and developmental outcomes, to promote— 

(A) data-driven decision-making by eligible entities receiving funds under this subpart; and 


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(B) access to a community-based continuum of highquality services for children living in the most distressed 

communities of the United States, beginning at birth. 

(3) REPORTING.—Each eligible entity that receives a grant 

under this subpart for activities described in this section shall 

annually collect and report to the Secretary data on the performance indicators described in paragraph (2) for use by the 

Secretary in making a determination concerning continuation 

funding and grant extension under section 4623(b) for each eligible entity. 

(i) EVALUATION.—The Secretary shall reserve not more than 5 

percent of the funds made available under section 4601(b)(2)(A) to 

provide technical assistance and evaluate the implementation and 

impact of the activities funded under this section, in accordance 

with section 8601. 

SEC. 4625. ø20 U.S.C. 7275¿ FULL-SERVICE COMMUNITY SCHOOLS. 

(a) APPLICATION.—An eligible entity that desires a grant under 

this subpart for activities described in this section shall submit an 

application to the Secretary at such time and in such manner as 

the Secretary may require. The Secretary shall require that each 

such application include the following: 

(1) A description of the eligible entity. 

(2) A memorandum of understanding among all partner 

entities in the eligible entity that will assist the eligible entity 

to coordinate and provide pipeline services and that describes 

the roles the partner entities will assume. 

(3) A description of the capacity of the eligible entity to coordinate and provide pipeline services at 2 or more full-service 

community schools. 

(4) A comprehensive plan that includes descriptions of the 

following: 

(A) The student, family, and school community to be 

served, including demographic information. 

(B) A needs assessment that identifies the academic, 

physical, nonacademic, health, mental health, and other 

needs of students, families, and community residents. 

(C) Annual measurable performance objectives and 

outcomes, including an increase in the number and percentage of families and students targeted for services each 

year of the program, in order to ensure that children are— 

(i) prepared for kindergarten; 

(ii) achieving academically; and 

(iii) safe, healthy, and supported by engaged parents. 

(D) Pipeline services, including existing and additional 

pipeline services, to be coordinated and provided by the eligible entity and its partner entities, including an explanation of— 

(i) why such services have been selected; 

(ii) how such services will improve student academic achievement; and 


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(iii) how such services will address the annual 

measurable performance objectives and outcomes established under subparagraph (C). 

(E) Plans to ensure that each full-service community 

school site has a full-time coordinator of pipeline services 

at such school, including a description of the applicable 

funding sources, plans for professional development for the 

personnel managing, coordinating, or delivering pipeline 

services, and plans for joint utilization and management of 

school facilities. 

(F) Plans for annual evaluation based upon attainment of the performance objectives and outcomes described 

in subparagraph (C). 

(G) Plans for sustaining the programs and services described in this subsection after the grant period. 

(5) An assurance that the eligible entity and its partner 

entities will focus services on schools eligible for a schoolwide 

program under section 1114(b). 

(b) PRIORITY.—In awarding grants under this subpart for activities described in this section, the Secretary shall give priority 

to eligible entities that— 

(1)(A) will serve a minimum of 2 or more full-service community schools eligible for a schoolwide program under section 

1114(b), as part of a community- or district-wide strategy; or 

(B) include a local educational agency that satisfies the requirements of— 

(i) subparagraph (A), (B), or (C) of section 

5211(b)(1); or 

(ii) subparagraphs (A) and (B) of section 

5221(b)(1); 

(2) are consortiums comprised of a broad representation of 

stakeholders or consortiums demonstrating a history of effectiveness; and 

(3) will use funds for evidence-based activities described in 

subsection (e), defined for purposes of this paragraph as activities meeting the requirements of section 8101(21)(A)(i). 

(c) PLANNING.—The Secretary may authorize an eligible entity 

receiving a grant under this subpart for activities described in this 

section to use not more than 10 percent of the total amount of 

grant funds for planning purposes during the first year of the 

grant. 

(d) MINIMUM AMOUNT.—The Secretary may not award a grant 

under this subpart for activities described in this section to an eligible entity in an amount that is less than $75,000 for each year 

of the grant period, subject to the availability of appropriations. 

(e) USE OF FUNDS.—Grants awarded under this subpart for activities described in this section shall be used to— 

(1) coordinate not less than 3 existing pipeline services, as 

of the date of the grant award, and provide not less than 2 additional pipeline services, at 2 or more public elementary 

schools or secondary schools; 

(2) to the extent practicable, integrate multiple pipeline 

services into a comprehensive, coordinated continuum to 

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comes under subsection (a)(4)(C) to meet the holistic needs of 

children; and 

(3) if applicable, coordinate and integrate services provided 

by community-based organizations and government agencies 

with services provided by specialized instructional support personnel. 

(f) EVALUATIONS BY THE INSTITUTE OF EDUCATION SCIENCES.— 

The Secretary, acting through the Director of the Institute of Education Sciences, shall conduct evaluations of the effectiveness of 

grants under this subpart for activities described in this section in 

achieving the purpose described in section 4621(2). 

(g) EVALUATIONS BY GRANTEES.—The Secretary shall require 

each eligible entity receiving a grant under this subpart for activities described in this section to— 

(1) conduct annual evaluations of the progress achieved 

with the grant toward the purpose described in section 4621(2); 

(2) use such evaluations to refine and improve activities 

carried out through the grant and the annual measurable performance objectives and outcomes under subsection (a)(4)(C); 

and 

(3) make the results of such evaluations publicly available, 

including by providing public notice of such availability. 

(h) CONSTRUCTION CLAUSE.—Nothing in this section shall be 

construed to alter or otherwise affect the rights, remedies, and procedures afforded school or local educational agency employees 

under Federal, State, or local laws (including applicable regulations 

or court orders) or under the terms of collective bargaining agreements, memoranda of understanding, or other agreements between 

such employees and their employers. 

(i) SUPPLEMENT, NOT SUPPLANT.—Funds made available to an 

eligible entity through a grant under this subpart for activities described in this section may be used only to supplement, and not 

supplant, any other Federal, State, or local funds that would otherwise be available to carry out the activities assisted under this section. 

Subpart 3—National Activities for School Safety 

SEC. 4631. ø20 U.S.C. 7281¿ NATIONAL ACTIVITIES FOR SCHOOL SAFETY. 

(a) PROGRAM AUTHORIZED.— 

(1) IN GENERAL.—From the funds reserved under section 

4601(b)(1), the Secretary— 

(A) shall use a portion of such funds for the Project 

School Emergency Response to Violence program (in this 

section referred to as ‘‘Project SERV’’), in order to provide 

education-related services to eligible entities; and 

(B) may use a portion of such funds to carry out other 

activities to improve students’ safety and well-being, during and after the school day, under this section directly or 

through grants, contracts, or cooperative agreements with 

public or private entities or individuals, or other Federal 

agencies, such as providing technical assistance to States 


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and local educational agencies carrying out activities 

under this section or conducting a national evaluation. 

(2) AVAILABILITY.—Amounts reserved under section 

4601(b)(1) for Project SERV are authorized to remain available 

until expended for Project SERV. 

(b) PROJECT SERV.— 

(1) ADDITIONAL USE OF FUNDS.—Funds made available 

under subsection (a) for extended services grants under Project 

SERV may be used by an eligible entity to initiate or strengthen violence prevention activities as part of the activities designed to restore the learning environment that was disrupted 

by the violent or traumatic crisis in response to which the 

grant was awarded. 

(2) APPLICATION PROCESS

(A) IN GENERAL.—An eligible entity desiring to use a 

portion of extended services grant funds under Project 

SERV to initiate or strengthen a violence prevention activity shall— 

(i) submit, in an application that meets all requirements of the Secretary for Project SERV, the information described in subparagraph (B); or 

(ii) in the case of an eligible entity that has already received an extended services grant under 

Project SERV, submit an addition to the original application that includes the information described in 

subparagraph (B). 

(B) APPLICATION REQUIREMENTS.—An application, or 

addition to an application, for an extended services grant 

pursuant to subparagraph (A) shall include the following: 

(i) A demonstration of the need for funds due to 

a continued disruption or a substantial risk of disruption to the learning environment. 

(ii) An explanation of the proposed activities that 

are designed to restore and preserve the learning environment. 

(iii) A budget and budget narrative for the proposed activities. 

(3) AWARD BASIS.—Any award of funds under Project 

SERV for violence prevention activities under this section shall 

be subject to the discretion of the Secretary and the availability of funds. 

(4) PROHIBITED USE.—No funds provided to an eligible entity for violence prevention activities may be used for construction, renovation, or repair of a facility or for the permanent infrastructure of the eligible entity. 

(c) DEFINITION OF ELIGIBLE ENTITY.—In this section, the term 

‘‘eligible entity’’ means— 

(1) a local educational agency, as defined in subparagraph 

(A), (B), or (C) of section 8101(30), or institution of higher education in which the learning environment has been disrupted 

due to a violent or traumatic crisis; or 

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cational agency under section 8101(30)(C), has been disrupted 

due to a violent or traumatic crisis. 

Subpart 4—Academic Enrichment 

SEC. 4641. ø20 U.S.C. 7291¿ AWARDS FOR ACADEMIC ENRICHMENT. 

(a) PROGRAM AUTHORIZED.—From funds reserved under section 

4601(b)(2)(C), the Secretary shall award grants, contracts, or cooperative agreements, on a competitive basis, to eligible entities for 

the purposes of enriching the academic experience of students by 

promoting— 

(1) arts education for disadvantaged students and students 

who are children with disabilities, as described in section 4642; 

(2) school readiness through the development and dissemination of accessible instructional programming for preschool 

and elementary school children and their families, as described 

in section 4643; and 

(3) support for high-ability learners and high-ability learning, as described in section 4644. 

(b) ANNUAL AWARDS.—The Secretary shall annually make 

awards to fulfill each of the purposes described in paragraphs (1) 

through (3) of subsection (a). 

SEC. 4642. ø20 U.S.C. 7292¿ ASSISTANCE FOR ARTS EDUCATION. 

(a) AWARDS TO PROVIDE ASSISTANCE FOR ARTS EDUCATION.— 

(1) IN GENERAL.—Awards made to eligible entities to fulfill 

the purpose described in section 4641(a)(1), shall be used for 

a program (to be known as the ‘‘Assistance for Arts Education 

program’’) to promote arts education for students, including 

disadvantaged students and students who are children with 

disabilities, through activities such as— 

(A) professional development for arts educators, teachers, and principals; 

(B) development and dissemination of accessible instructional materials and arts-based educational programming, including online resources, in multiple arts disciplines; and 

(C) community and national outreach activities that 

strengthen and expand partnerships among schools, local 

educational agencies, communities, or centers for the arts, 

including national centers for the arts. 

(b) CONDITIONS.—As conditions of receiving assistance made 

available under this section, the Secretary shall require each eligible entity receiving such assistance— 

(1) to coordinate, to the extent practicable, each project or 

program carried out with such assistance with appropriate activities of public or private cultural agencies, institutions, and 

organizations, including museums, arts education associations, 

libraries, and theaters; and 

(2) to use such assistance only to supplement, and not to 

supplant, any other assistance or funds made available from 

non-Federal sources for the activities assisted under this subpart. 


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(c) CONSULTATION.—In carrying out this section, the Secretary 

shall consult with Federal agencies or institutions, arts educators 

(including professional arts education associations), and organizations representing the arts (including State and local arts agencies 

involved in arts education). 

(d) PRIORITY.—In awarding grants under this section, the Secretary shall give priority to eligible entities that are eligible national nonprofit organizations. 

(e) DEFINITIONS.—In this section: 

(1) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means— 

(A) a local educational agency in which 20 percent or 

more of the students served by the local educational agency are from families with an income below the poverty line; 

(B) a consortium of such local educational agencies; 

(C) a State educational agency; 

(D) an institution of higher education; 

(E) a museum or cultural institution; 

(F) the Bureau of Indian Education; 

(G) an eligible national nonprofit organization; or 

(H) another private agency, institution, or organization. 

(2) ELIGIBLE NATIONAL NONPROFIT ORGANIZATION.—The 

term ‘‘eligible national nonprofit organization’’ means an organization of national scope that— 

(A) is supported by staff, which may include volunteers, or affiliates at the State and local levels; and 

(B) demonstrates effectiveness or high-quality plans 

for addressing arts education activities for disadvantaged 

students or students who are children with disabilities. 

SEC. 4643. ø20 U.S.C. 7293¿ READY TO LEARN PROGRAMMING. 

(a) AWARDS TO PROMOTE SCHOOL READINESS THROUGH READY

TO LEARN PROGRAMMING.— 

(1) IN GENERAL.—Awards made to eligible entities described in paragraph (3) to fulfill the purpose described in section 4641(a)(2) shall— 

(A) be known as ‘‘Ready to Learn Programming 

awards’’; and 

(B) be used to— 

(i) develop, produce, and distribute accessible educational and instructional video programming for preschool and elementary school children and their parents in order to facilitate student academic achievement; 

(ii) facilitate the development, directly or through 

contracts with producers of children’s and family educational television programming, of educational programming for preschool and elementary school children, and the accompanying support materials and 

services that promote the effective use of such programming; 

(iii) facilitate the development of programming 

and digital content containing Ready-to-Learn programming and resources for parents and caregivers 


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that is specially designed for nationwide distribution 

over public television stations’ digital broadcasting 

channels and the Internet; 

(iv) contract with entities (such as public telecommunications entities) so that programming developed under this section is disseminated and distributed to the widest possible audience appropriate to be 

served by the programming, and through the use of 

the most appropriate distribution technologies; and 

(v) develop and disseminate education and training materials, including interactive programs and programs adaptable to distance learning technologies, 

that are designed— 

(I) to promote school readiness; and 

(II) to promote the effective use of materials 

developed under clauses (ii) and (iii) among parents, family members, teachers, principals and 

other school leaders, Head Start providers, providers of family literacy services, child care providers, early childhood educators, elementary 

school teachers, public libraries, and after-school 

program personnel caring for preschool and elementary school children. 

(2) AVAILABILITY.—In awarding or entering into grants, 

contracts, or cooperative agreements under this section, the 

Secretary shall ensure that eligible entities described in paragraph (3) make programming widely available, with support 

materials as appropriate, to young children, parents, child care 

workers, Head Start providers, and providers of family literacy 

services to increase the effective use of such programming. 

(3) ELIGIBLE ENTITIES.—To be eligible to receive a grant, 

contract, or cooperative agreement under this section, an entity 

shall be a public telecommunications entity that is able to demonstrate each of the following: 

(A) A capacity for the development and national distribution of educational and instructional television programming of high quality that is accessible by a large majority of disadvantaged preschool and elementary school 

children. 

(B) A capacity to contract with the producers of children’s television programming for the purpose of developing educational television programming of high quality. 

(C) A capacity, consistent with the entity’s mission 

and nonprofit nature, to negotiate such contracts in a manner that returns to the entity an appropriate share of any 

ancillary income from sales of any program-related products. 

(D) A capacity to localize programming and materials 

to meet specific State and local needs and to provide educational outreach at the local level. 

(4) COORDINATION OF ACTIVITIES.—An entity receiving a 

grant, contract, or cooperative agreement under this section 

shall consult with the Secretary and the Secretary of Health 

and Human Services— 


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(A) to maximize the use of high-quality educational 

programming by preschool and elementary school children, 

and make such programming widely available to Federally 

funded programs serving such populations; and 

(B) to coordinate activities with Federal programs that 

have major training components for early childhood development, including programs under the Head Start Act (42 

U.S.C. 9831 et seq.) and State training activities funded 

under the Child Care and Development Block Grant Act of 

1990 (42 U.S.C. 9858 et seq.), regarding the availability 

and utilization of materials developed under paragraph 

(1)(B)(v) to enhance parent and child care provider skills 

in early childhood development and education. 

(b) APPLICATIONS.—To be eligible to receive a grant, contract, 

or cooperative agreement under subsection (a), an entity shall submit to the Secretary an application at such time and in such manner as the Secretary may reasonably require. The application shall 

include— 

(1) a description of the activities to be carried out under 

this section; 

(2) a list of the types of entities with which such entity will 

enter into contracts under subsection (a)(1)(B)(iv); 

(3) a description of the activities the entity will undertake 

widely to disseminate the content developed under this section; 

and 

(4) a description of how the entity will comply with subsection (a)(2). 

(c) REPORTS AND EVALUATIONS.— 

(1) ANNUAL REPORT TO SECRETARY.—An entity receiving a 

grant, contract, or cooperative agreement under this section 

shall prepare and submit to the Secretary an annual report. 

The report shall describe the program activities undertaken 

with funds received under the grant, contract, or cooperative 

agreement, including each of the following: 

(A) The programming that has been developed, directly or indirectly, by the eligible entity, and the target 

population of the programming. 

(B) The support and training materials that have been 

developed to accompany the programming, and the method 

by which the materials are distributed to consumers and 

users of the programming. 

(C) The means by which programming developed 

under this section has been distributed, including the distance learning technologies that have been utilized to 

make programming available, and the geographic distribution achieved through such technologies. 

(D) The initiatives undertaken by the entity to develop 

public-private partnerships to secure non-Federal support 

for the development, distribution, and broadcast of educational and instructional programming. 

(2) REPORT TO CONGRESS.—The Secretary shall prepare 

and submit to the Committee on Health, Education, Labor, and 

Pensions of the Senate and the Committee on Education and 


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the Workforce of the House of Representatives a biannual report that includes the following: 

(A) A summary of the activities assisted under subsection (a). 

(B) A description of the education and training materials made available under subsection (a)(1)(B)(v), the 

manner in which outreach has been conducted to inform 

parents and child care providers of the availability of such 

materials, and the manner in which such materials have 

been distributed in accordance with such subsection. 

(d) ADMINISTRATIVE COSTS.—An entity that receives a grant, 

contract, or cooperative agreement under this section may use up 

to 5 percent of the amount received under the grant, contract, or 

agreement for the normal and customary expenses of administering 

the grant, contract, or agreement. 

(e) FUNDING RULE.—Not less than 60 percent of the amount 

used by the Secretary to carry out this section for each fiscal year 

shall be used to carry out activities under clauses (ii) through (iv) 

of subsection (a)(1)(B). 

SEC. 4644. ø20 U.S.C. 7294¿ SUPPORTING HIGH-ABILITY LEARNERS AND 

LEARNING. 

(a) PURPOSE.—The purpose of this section is to promote and 

initiate a coordinated program, to be known as the ‘‘Jacob K. Javits 

Gifted and Talented Students Education Program’’, of evidencebased research, demonstration projects, innovative strategies, and 

similar activities designed to build and enhance the ability of elementary schools and secondary schools nationwide to identify gifted 

and talented students and meet their special educational needs. 

(b) PROGRAM AUTHORIZED.— (1) IN GENERAL.—The Secretary (after consultation with 

experts in the field of the education of gifted and talented students) shall make awards to, or enter into contracts with, State 

educational agencies, local educational agencies, the Bureau of 

Indian Education, institutions of higher education, other public 

agencies, and other private agencies and organizations to assist such agencies, institutions, or organizations, or the Bureau, in carrying out programs or projects to fulfill the purpose 

described in section 4641(a)(3), including the training of personnel in the identification and education of gifted and talented students and in the use, where appropriate, of gifted and 

talented services, materials, and methods for all students. 

(2) APPLICATION.—Each entity seeking assistance under 

this section shall submit an application to the Secretary at 

such time and in such manner as the Secretary may reasonably require. Each application shall describe how— 

(A) the proposed identification methods, as well as 

gifted and talented services, materials, and methods, can 

be adapted, if appropriate, for use by all students; and 

(B) the proposed programs can be evaluated. 

(c) USES OF FUNDS.—Programs and projects assisted under this 

section may include any of the following: 

(1) Conducting evidence-based research on methods and 

techniques for identifying and teaching gifted and talented students and for using gifted and talented programs and methods 


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to identify and provide the opportunity for all students to be 

served, particularly low-income and at-risk students. 

(2) Establishing and operating programs and projects for 

identifying and serving gifted and talented students, including 

innovative methods and strategies (such as summer programs, 

mentoring programs, peer tutoring programs, service learning 

programs, and cooperative learning programs involving business, industry and education) for identifying and educating 

students who may not be served by traditional gifted and talented programs. 

(3) Providing technical assistance and disseminating information, which may include how gifted and talented programs 

and methods may be adapted for use by all students, particularly low-income and at-risk students. 

(d) CENTER FOR RESEARCH AND DEVELOPMENT.— (1) IN GENERAL.—The Secretary (after consultation with 

experts in the field of the education of gifted and talented students) shall establish a National Research Center for the Education of Gifted and Talented Children and Youth through 

grants to, or contracts with, one or more institutions of higher 

education or State educational agencies, or a combination or 

consortium of such institutions and agencies and other public 

or private agencies and organizations, for the purpose of carrying out activities described in subsection (c). 

(2) DIRECTOR.—The National Center shall be headed by a 

Director. The Secretary may authorize the Director to carry out 

such functions of the National Center as may be agreed upon 

through arrangements with institutions of higher education, 

State educational agencies, local educational agencies, or other 

public or private agencies and organizations. 

(e) COORDINATION.—Evidence-based activities supported under 

this section— 

(1) shall be carried out in consultation with the Institute 

of Education Sciences to ensure that such activities are coordinated with and enhance the research and development activities supported by the Institute; and 

(2) may include collaborative evidence-based activities that 

are jointly funded and carried out with such Institute. 

(f) GENERAL PRIORITY.—In carrying out this section, the Secretary shall give highest priority to programs and projects designed 

to— 

(1) develop new information that— 

(A) improves the capability of schools to plan, conduct, 

and improve programs to identify and serve gifted and talented students; or 

(B) assists schools in the identification of, and provision of services to, gifted and talented students (including 

economically disadvantaged individuals, individuals who 

are English learners, and children with disabilities) who 

may not be identified and served through traditional assessment methods; or 

(2) implement evidence-based activities, defined in this 

paragraph as activities meeting the requirements of section 

8101(21)(A)(i). 


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As Amended Through P.L. 114-95, Enacted December 10, 2015
297 Sec. 5102 ESEA OF 1965 

(g) PARTICIPATION OF PRIVATE SCHOOL CHILDREN AND TEACHERS.—In making grants and entering into contracts under this section, the Secretary shall ensure, where appropriate, that provision 

is made for the equitable participation of students and teachers in 

private nonprofit elementary schools and secondary schools, including the participation of teachers and other personnel in professional development programs serving such students. 

(h) REVIEW, DISSEMINATION, AND EVALUATION.—The Secretary 

shall— 

(1) use a peer-review process in reviewing applications 

under this section; 

(2) ensure that information on the activities and results of 

programs and projects funded under this section is disseminated to appropriate State educational agencies, local educational agencies, and other appropriate organizations, including private nonprofit organizations; and 

(3) evaluate the effectiveness of programs under this section in accordance with section 8601, in terms of the impact on 

students traditionally served in separate gifted and talented 

programs and on other students, and submit the results of 

such evaluation to Congress not later than 2 years after the 

date of enactment of the Every Student Succeeds Act. 

(i) PROGRAM OPERATIONS.—The Secretary shall ensure that the 

programs under this section are administered within the Department by a person who has recognized professional qualifications 

and experience in the field of the education of gifted and talented 

students and who shall— 

(1) administer and coordinate the programs authorized 

under this section; 

(2) serve as a focal point of national leadership and information on the educational needs of gifted and talented students and the availability of educational services and programs 

designed to meet such needs; 

(3) assist the Director of the Institute of Education 

Sciences in identifying research priorities that reflect the needs 

of gifted and talented students; and 

(4) disseminate, and consult on, the information developed 

under this section with other offices within the Department. 

TITLE V—FLEXIBILITY AND 

ACCOUNTABILITY 

PART A—FUNDING TRANSFERABILITY FOR 

STATE AND LOCAL EDUCATIONAL AGENCIES 

SEC. 5101. ø20 U.S.C. 7305¿ SHORT TITLE. 

This part may be cited as the ‘‘State and Local Transferability 

Act’’. 

SEC. 5102. ø20 U.S.C. ???¿ PURPOSE. 

The purpose of this part is to allow States and local educational agencies the flexibility to target Federal funds to the proVerDate Nov 24 2008 11:50 Feb 05, 2016 Jkt 000000 PO 00000 Frm 00297 Fmt 9001 Sfmt 6601 F:\COMP\EDII\EASEAO1.BEL HOLCPC

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As Amended Through P.L. 114-95, Enacted December 10, 2015
Sec. 5103 ESEA OF 1965 298 

grams and activities that most effectively address the unique needs 

of States and localities. 

SEC. 5103. ø20 U.S.C. 7305b¿ TRANSFERABILITY OF FUNDS. 

(a) TRANSFERS BY STATES.— 

(1) IN GENERAL.—In accordance with this part, a State 

may transfer all, or any lesser amount, of State funds (including funds transferred under paragraph (2)) allotted to the 

State for use for State-level activities under the following provisions for a fiscal year to one or more of the State’s allotments 

for such fiscal year under any other of such provisions: 

(A) Part A of title II. 

(B) Part A of title IV. 

(C) Section 4202(c)(3). 

(2) ADDITIONAL FUNDS.—In accordance with this part, a 

State may transfer any funds allotted to the State under a provision listed in paragraph (1) for a fiscal year to its allotment 

under any other of the following provisions: 

(A) Part A of title I. 

(B) Part C of title I. 

(C) Part D of title I. 

(D) Part A of title III. 

(E) Part B. 

(b) TRANSFERS BY LOCAL EDUCATIONAL AGENCIES.— 

(1) AUTHORITY TO TRANSFER FUNDS.— 

(A) IN GENERAL.—In accordance with this part, a local 

educational agency may transfer all, or any lesser amount, 

of the funds allocated to it under each of the provisions 

listed in paragraph (2) for a fiscal year to one or more of 

its allocations for such fiscal year under any other provision listed in paragraph (2). 

(B) ADDITIONAL FUNDS.—In accordance with this part, 

a local educational agency may transfer any funds allotted 

to such agency under a provision listed in paragraph (2) 

for a fiscal year to its allotment under any other of the following provisions: 

(i) Part A of title I. 

(ii) Part C of title I. 

(iii) Part D of title I. 

(iv) Part A of title III. 

(v) Part B. 

(2) APPLICABLE PROVISIONS.—A local educational agency 

may transfer funds under subparagraph (A) or (B) of paragraph (1) from allocations made under each of the following 

provisions: 

(A) Part A of title II. 

(B) Part A of title IV. 

(c) NO TRANSFER OF CERTAIN FUNDING.—A State or local educational agency may not transfer under this part to any other program any funds allotted or allocated to it for the following provisions: 

(1) Part A of title I. 

(2) Part C of title I. 

(3) Part D of title I. 


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As Amended Through P.L. 114-95, Enacted December 10, 2015
299 Sec. 5202 ESEA OF 1965 

(4) Part A of title III. 

(5) Part B. 

(d) MODIFICATION OF PLANS AND APPLICATIONS; NOTIFICATION.— 

(1) STATE TRANSFERS.—Each State that makes a transfer 

of funds under this section shall— 

(A) modify, to account for such transfer, each State 

plan, or application submitted by the State, to which such 

funds relate; 

(B) not later than 30 days after the date of such transfer, submit a copy of such modified plan or application to 

the Secretary; and 

(C) not later than 30 days before the effective date of 

such transfer, notify the Secretary of such transfer. 

(2) LOCAL TRANSFERS.—Each local educational agency that 

makes a transfer of funds under this section shall— 

(A) modify, to account for such transfer, each local 

plan, or application submitted by the agency, to which 

such funds relate; 

(B) not later than 30 days after the date of such transfer, submit a copy of such modified plan or application to 

the State; and 

(C) not later than 30 days before the effective date of 

such transfer, notify the State of such transfer. 

(e) APPLICABLE RULES.— 

(1) IN GENERAL.—Except as otherwise provided in this 

part, funds transferred under this section are subject to each 

of the rules and requirements applicable to the funds under 

the provision to which the transferred funds are transferred. 

(2) CONSULTATION.—Each State educational agency or 

local educational agency that transfers funds under this section shall conduct consultations in accordance with section 

8501, if such transfer transfers funds from a program that provides for the ticipation of students, teachers, or other educational personnel, from private schools. 

PART B—RURAL EDUCATION INITIATIVE 

SEC. 5201. ø20 U.S.C. 7341¿ SHORT TITLE. 

This part may be cited as the ‘‘Rural Education Achievement 

Program’’. 

SEC. 5202. ø20 U.S.C. 7341a¿ PURPOSE. 

It is the purpose of this part to address the unique needs of 

rural school districts that frequently— 

(1) lack the personnel and resources needed to compete effectively for Federal competitive grants; and 

(2) receive formula grant allocations in amounts too small 

to be effective in meeting their intended purposes. 


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As Amended Through P.L. 114-95, Enacted December 10, 2015
Sec. 5211 ESEA OF 1965 300 

Subpart 1—Small, Rural School Achievement 

Program 

SEC. 5211. ø20 U.S.C. 7345¿ USE OF APPLICABLE FUNDING. 

(a) ALTERNATIVE USES.— 

(1) IN GENERAL.—Notwithstanding any other provision of 

law, an eligible local educational agency may use the applicable funding that the agency is eligible to receive from the State 

educational agency for a fiscal year to carry out local activities 

authorized under any of the following provisions: 

(A) Part A of title I. 

(B) Part A of title II. 

(C) Title III. 

(D) Part A or B of title IV. 

(2) NOTIFICATION.—An eligible local educational agency 

shall notify the State educational agency of the local educational agency’s intention to use the applicable funding in accordance with paragraph (1), by a date that is established by 

the State educational agency for the notification. 

(b) ELIGIBILITY.— 

(1) IN GENERAL.—A local educational agency shall be eligible to use the applicable funding in accordance with subsection 

(a) if— 

(A)(i)(I) the total number of students in average daily 

attendance at all of the schools served by the local educational agency is fewer than 600; or 

(II) each county in which a school served by the local 

educational agency is located has a total population density of fewer than 10 persons per square mile; and 

(ii) all of the schools served by the local educational 

agency are designated with a locale code of 41, 42, or 43, 

as determined by the Secretary; 

(B) the agency meets the criteria established in subparagraph (A)(i) and the Secretary, in accordance with 

paragraph (2), grants the local educational agency’s request to waive the criteria described in subparagraph 

(A)(ii); or 

(C) the local educational agency is a member of an 

educational service agency that does not receive funds 

under this subpart and the local educational agency meets 

the requirements of this part. 

(2) CERTIFICATION.—The Secretary shall determine whether to waive the criteria described in paragraph (1)(A)(ii) based 

on a demonstration by the local educational agency, and concurrence by the State educational agency, that the local educational agency is located in an area defined as rural by a governmental agency of the State. 

(c) APPLICABLE FUNDING DEFINED.—In this section, the term 

‘‘applicable funding’’ means funds provided under any of the following provisions: 

(1) Part A of title II. 

(2) Part A of title IV. 


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As Amended Through P.L. 114-95, Enacted December 10, 2015
301 Sec. 5212 ESEA OF 1965 

(d) DISBURSEMENT.—Each State educational agency that receives applicable funding for a fiscal year shall disburse the applicable funding to local educational agencies for alternative uses 

under this section for the fiscal year at the same time as the State 

educational agency disburses the applicable funding to local educational agencies that do not intend to use the applicable funding 

for such alternative uses for the fiscal year. 

(e) APPLICABLE RULES.—Applicable funding under this section 

shall be available to carry out local activities authorized under subsection (a). 

SEC. 5212. ø20 U.S.C. 7345a¿ 

(a) IN GENERAL.—The Secretary is authorized to award grants 

to eligible local educational agencies to enable the local educational 

agencies to carry out activities authorized under any of the following provisions: 

(1) Part A of title I. 

(2) Part A of title II. 

(3) Title III. 

(4) Part A or B of title IV. 

(b) ALLOCATION.— 

(1) ALLOCATION.— 

(A) IN GENERAL.—Except as provided in paragraphs 

(3) and (4), the Secretary shall award a grant under subsection (a) to a local educational agency eligible under section 5211(b) for a fiscal year in an amount equal to the initial amount determined under paragraph (2) for the fiscal 

year minus the total amount received by the agency under 

the provisions of law described in section 5211(c) for the 

preceding fiscal year. 

(B) SPECIAL DETERMINATION.—For a local educational 

agency that is eligible under section 5211(b)(1)(C) and is a 

member of an educational service agency, the Secretary 

may determine the award amount by subtracting from the 

initial amount determined under paragraph (2), an amount 

that is equal to that local educational agency’s per-pupil 

share of the total amount received by the educational service agency under the provisions described in section 

5211(c), as long as a determination under this subparagraph would not disproportionately affect any State. 

(2) DETERMINATION OF INITIAL AMOUNT.— 

(A) IN GENERAL.—The initial amount referred to in 

paragraph (1) is equal to $100 multiplied by the total number of nts in excess of 50 students, in average daily attendance at the schools served by the local educational agency, 

plus $20,000, except that the initial amount may not exceed $60,000. 

(B) SPECIAL RULE.—For any fiscal year for which the 

amount made available to carry out this part is 

$265,000,000 or more, subparagraph (A) shall be applied— 

(i) by substituting ‘‘$25,000’’ for ‘‘$20,000’’; and 

(ii) by substituting ‘‘$80,000’’ for ‘‘$60,000’’. 

(3) RATABLE ADJUSTMENT.— 


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As Amended Through P.L. 114-95, Enacted December 10, 2015
Sec. 5221 ESEA OF 1965 302 

(A) IN GENERAL.—If the amount made available to 

carry out this section for any fiscal year is not sufficient 

to pay in full the amounts that local educational agencies 

are eligible to receive under paragraph (1) for such year, 

the Secretary shall ratably reduce such amounts for such 

year. 

(B) ADDITIONAL AMOUNTS.—If additional funds become 

available for making payments under paragraph (1) for 

such fiscal year, payments that were reduced under subparagraph (A) shall be increased on the same basis as such 

payments were reduced. 

(4) HOLD HARMLESS.—For a local educational agency that 

is not eligible under this subpart due to amendments made by 

the Every Student Succeeds Act to section 5211(b)(1)(A)(ii) but 

met the eligibility requirements under section 6211(b) as such 

section was in effect on the day before the date of enactment 

of the Every Student Succeeds Act, the agency shall receive— 

(A) for fiscal year 2017, 75 percent of the amount such 

agency received for fiscal year 2015; 

(B) for fiscal year 2018, 50 percent of the amount such 

agency received for fiscal year 2015; and 

(C) for fiscal year 2019, 25 percent of the amount such 

agency received for fiscal year 2015. 

(c) DISBURSEMENT.—The Secretary shall disburse the funds 

awarded to a local educational agency under this section for a fiscal 

year not later than July 1 of that fiscal year. 

Subpart 2—Rural and Low-Income School 

Program 

SEC. 5221. ø20 U.S.C. 7351¿ PROGRAM AUTHORIZED. 

(a) GRANTS TO STATES.— 

(1) IN GENERAL.—From amounts appropriated under section 5234 for this subpart for a fiscal year that are not reserved under subsection (c), the Secretary shall award grants 

(from allotments made under paragraph (2)) for the fiscal year 

to State educational agencies that have applications submitted 

under section 5223 approved to enable the State educational 

agencies to award grants to eligible local educational agencies 

for local authorized activities described in section 5222(a). 

(2) ALLOTMENT.—From amounts described in paragraph 

(1) for a fiscal year, the Secretary shall allot to each State educational agency for that fiscal year an amount that bears the 

same ratio to those amounts as the number of students in average daily attendance served by eligible local educational 

agencies in the State for that fiscal year bears to the number 

of all such students served by eligible local educational agencies in all States for that fiscal year. 

(3) SPECIALLY QUALIFIED AGENCIES.— 

(A) ELIGIBILITY AND APPLICATION.—If a State educational agency elects not to participate in the program 

under this subpart or does not have an application submitted under section 5223 approved, a specially qualified 


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303 Sec. 5221 ESEA OF 1965 

agency in such State desiring a grant under this subpart 

may submit an application under such section directly to 

the Secretary to receive an award under this subpart. 

(B) DIRECT AWARDS.—The Secretary may award, on a 

competitive basis or by formula, the amount the State educational agency is eligible to receive under paragraph (2) 

directly to a specially qualified agency in the State that 

has submitted an application in accordance with subparagraph (A) and obtained approval of the application. 

(C) SPECIALLY QUALIFIED AGENCY DEFINED.—In this 

subpart, the term ‘‘specially qualified agency’’ means an eligible local educational agency served by a State educational agency that does not participate in a program 

under this subpart in a fiscal year, that may apply directly 

to the Secretary for a grant in such year under this subsection. 

(b) LOCAL AWARDS.— 

(1) ELIGIBILITY.—A local educational agency shall be eligible to receive a grant under this subpart if— 

(A)(i) 20 percent or more of the children ages 5 

through 17 years served by the local educational agency 

are from families with incomes below the poverty line; and 

(ii) all of the schools served by the agency are designated with a locale code of 32, 33, 41, 42, or 43, as determined by the Secretary; or 

(B) the agency meets the criteria established in clause 

(i) of subparagraph (A) and the Secretary, in accordance 

with paragraph (2), grants the local educational agency’s 

request to waive the criteria described in clause (ii) of such 

subparagraph. 

(2) CERTIFICATION The Secretary shall determine whether 

to waive the criteria described in paragraph (1)(A)(ii) based on 

a demonstration by the local educational agency, and concurrence by the State educational agency, that the local educational agency is located in an area defined as rural by a governmental agency of the State. 

(3) AWARD BASIS.—A State educational agency shall award 

grants to eligible local educational agencies— 

(A) on a competitive basis; 

(B) according to a formula based on the number of students in average daily attendance served by the eligible 

local educational agencies or schools in the State; or 

(C) according to an alternative formula, if, prior to 

awarding the grants, the State educational agency demonstrates, to the satisfaction of the Secretary, that the alternative formula enables the State educational agency to 

allot the grant funds in a manner that serves equal or 

greater concentrations of children from families with incomes below the poverty line, relative to the concentrations that would be served if the State educational agency 

used the formula described in subparagraph (B). 

(c) RESERVATIONS.—From amounts appropriated under section 

5234 for this subpart for a fiscal year, the Secretary shall reserve— 


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As Amended Through P.L. 114-95, Enacted December 10, 2015
Sec. 5222 ESEA OF 1965 304 

8 An em dash at the end of the section heading and the text of the matter preceding paragraph 

(1) appears inline with the heading as a result of the amendment made by section 5003(7)(A) 

of Public Law 114–95. The version of this section as so amended and set out above reflects the 

execution of the amendment as it should have appeared in such Public Law. 

(1) one-half of 1 percent to make awards to elementary 

schools or secondary schools operated or supported by the Bureau of Indian Education, to carry out the activities authorized 

under this subpart; and 

(2) one-half of 1 percent to make awards to the outlying 

areas in accordance with their respective needs, to carry out 

the activities authorized under this subpart. 

SEC. 5222. ø20 U.S.C. 7351a¿ USES OF FUNDS. 

(a) LOCAL AWARDS.—Grant funds awarded to local educational 

agencies under this subpart shall be used for any of the following: 

(1) Activities authorized under part A of title I. 

(2) Activities authorized under part A of title II. 

(3) Activities authorized under title III. 

(4) Activities authorized under part A of title IV. 

(5) Parental involvement activities. 

(b) ADMINISTRATIVE COSTS.—A State educational agency receiving a grant under this subpart may not use more than 5 percent 

of the amount of the grant for State administrative costs and to 

provide technical assistance to eligible local educational agencies. 

SEC. 5223. ø20 U.S.C. 7351b¿ APPLICATIONS. 

(a) IN GENERAL.—Each State educational agency or specially 

qualified agency desiring to receive a grant under this subpart 

shall submit an application to the Secretary at such time and in 

such manner as the Secretary may require. 

(b) CONTENTS.—Each application submitted under subsection 

(a) shall include information on— 

(1) program objectives and outcomes for activities under 

this subpart, including how the State educational agency or 

specially qualified agency will use funds to help all students 

meet the challenging State academic standards; 

(2) if the State educational agency will competitively 

award grants to eligible local educational agencies, as described in section 5221(b)(3)(A), the application under the section shall include— 

(A) the methods and criteria the State educational 

agency will use to review applications and award funds to 

local educational agencies on a competitive basis; and 

(B) how the State educational agency will notify eligible local educational agencies of the grant competition; and 

(3) a description of how the State educational agency will 

provide technical assistance to eligible local educational agencies to help such agencies implement the activities described in 

section 5222. 

SEC. 5224. ø20 U.S.C. 7351c¿ REPORT. 

Each 8 State educational agency or specially qualified agency 

that receives a grant under this subpart shall prepare and submit 

an annual report to the Secretary. The report shall describe— 

(1) if the report is submitted by a State educational agency, the method the State educational agency used to award 


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305 Sec. 5232 ESEA OF 1965 

grants to eligible local educational agencies, and to provide assistance to schools, under this subpart; 

(2) how local educational agencies and schools used funds 

provided under this subpart; and 

(3) the degree to which progress has been made toward 

meeting the objectives and outcomes described in the application submitted under section 5223, including having all students in the State or the area served by the specially qualified 

agency, as applicable, meet the challenging State academic 

standards. 

SEC. 5225. ø20 U.S.C. 7351d¿ CHOICE OF PARTICIPATION. 

(a) IN GENERAL.—If a local educational agency is eligible for 

funding under both this subpart and subpart 1, such local educational agency may receive funds under either this subpart or subpart 1 for a fiscal year, but may not receive funds under both subparts for such fiscal year. 

(b) NOTIFICATION.—A local educational agency eligible for funding under both this subpart and subpart 1 shall notify the Secretary and the State educational agency under which of such subparts the local educational agency intends to receive funds for a fiscal year by a date that is established by the Secretary for the notification. 

Subpart 3—General Provisions 

SEC. 5231. ø20 U.S.C. 7355¿ ANNUAL AVERAGE DAILY ATTENDANCE DETERMINATION. 

(a) CENSUS DETERMINATION.—Each local educational agency 

desiring a grant under section 5212 and each local educational 

agency or specially qualified agency desiring a grant under subpart 

2 shall— 

(1) not later than December 1 of each year, conduct a census to determine the number of students in average daily attendance in kindergarten through grade 12 at the schools 

served by the agency; and 

(2) not later than March 1 of each year, submit the number described in paragraph (1) to the Secretary (and to the 

State educational agency, in the case of a local educational 

agency seeking a grant under subpart (2)). 

(b) PENALTY.—If the Secretary determines that a local educational agency or specially qualified agency has knowingly submitted false information under subsection (a) for the purpose of 

gaining additional funds under section 5212 or subpart 2, then the 

agency shall be fined an amount equal to twice the difference between the amount the agency received under this section and the 

correct amount the agency would have received under section 5212 

or subpart 2 if the agency had submitted accurate information 

under subsection (a). 

SEC. 5232. ø20 U.S.C. 7355a¿ SUPPLEMENT, NOT SUPPLANT. 

Funds made available under subpart 1 or subpart 2 shall be 

used to supplement, and not supplant, any other Federal, State, or 

local education funds. 


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As Amended Through P.L. 114-95, Enacted December 10, 2015
Sec. 5233 ESEA OF 1965 306 

SEC. 5233. ø20 U.S.C. 7355b¿ RULE OF CONSTRUCTION. 

Nothing in this part shall be construed to prohibit a local educational agency that enters into cooperative arrangements with 

other local educational agencies for the provision of special, compensatory, or other education services, pursuant to State law or a 

written agreement, from entering into similar arrangements for the 

use, or the coordination of the use, of the funds made available 

under this part. 

SEC. 5234. ø20 U.S.C. 7355c¿ AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated to carry out this part 

$169,840,000 for each of the fiscal years 2017 through 2020, to be 

distributed equally between subparts 1 and 2. 

PART C—GENERAL PROVISIONS 

SEC. 5301. ø20 U.S.C. 7371¿ PROHIBITION AGAINST FEDERAL MANDATES, DIRECTION, OR CONTROL. 

Nothing in this title shall be construed to authorize an officer 

or employee of the Federal Government to mandate, direct, or control a State, local educational agency, or school’s specific instructional content, academic standards and assessments, curriculum, or 

program of instruction, as a condition of eligibility to receive funds 

under this Act. 

SEC. 5302. ø20 U.S.C. 7372¿ RULE OF CONSTRUCTION ON EQUALIZED 

SPENDING. 

Nothing in this title shall be construed to mandate equalized 

spending per pupil for a State, local educational agency, or school. 

TITLE VI—INDIAN, NATIVE HAWAIIAN, 

AND ALASKA NATIVE EDUCATION 

PART A—INDIAN EDUCATION 

SEC. 6101. ø20 U.S.C. 7401¿ STATEMENT OF POLICY. 

It is the policy of the United States to fulfill the Federal Government’s unique and continuing trust relationship with and responsibility to the Indian people for the education of Indian children. The Federal Government will continue to work with local 

educational agencies, Indian tribes and organizations, postsecondary institutions, and other entities toward the goal of ensuring 

that programs that serve Indian children are of the highest quality 

and provide for not only the basic elementary and secondary educational needs, but also the unique educational and culturally related academic needs of these children. It is further the policy of 

the United States to ensure that Indian children do not attend 

school in buildings that are dilapidated or deteriorating, which may 

negatively affect the academic success of such children. 

SEC. 6102. ø20 U.S.C. 7402¿ PURPOSE. 

It is the purpose of this part to support the efforts of local educational agencies, Indian tribes and organizations, postsecondary 

institutions, and other entities— 


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307 Sec. 6112 ESEA OF 1965 

(1) to meet the unique educational and culturally related 

academic needs of Indian students, so that such students can 

meet the challenging State academic standards; 

(2) to ensure that Indian students gain knowledge and understanding of Native communities, languages, tribal histories, 

traditions, and cultures; and 

(3) to ensure that teachers, principals, other school leaders, 

and other staff who serve Indian students have the ability to 

provide culturally appropriate and effective instruction and 

supports to such students. 

Subpart 1—Formula Grants to Local Educational 

Agencies 

SEC. 6111. ø20 U.S.C. 7421¿ PURPOSE. 

It is the purpose of this subpart to support the efforts of local 

educational agencies, Indian tribes and organizations, and other 

entities in developing elementary school and secondary school programs for Indian students that are designed to— 

(1) meet the unique cultural, language, and educational 

needs of such students; and 

(2) ensure that all students meet the challenging State 

academic standards. 

SEC. 6112. ø20 U.S.C. 7422¿ GRANTS TO LOCAL EDUCATIONAL AGENCIES AND TRIBES. 

(a) IN GENERAL.—The Secretary may make grants, from allocations made under section 6113, and in accordance with this section 

and section 6113, to— 

(1) local educational agencies; 

(2) Indian tribes, as provided under subsection (c)(1); 

(3) Indian organizations, as provided under subsection 

(c)(1); 

(4) consortia of 2 or more local educational agencies, Indian tribes, Indian organizations, or Indian community-based 

organizations, if each local educational agency participating in 

such a consortium, if applicable— 

(A) provides an assurance that the eligible Indian children served by such local educational agency will receive 

the services of the programs funded under this subpart; 

and 

(B) is subject to all the requirements, assurances, and 

obligations applicable to local educational agencies under 

this subpart; and 

(5) Indian community-based organizations, as provided 

under subsection (d)(1). 

(b) LOCAL EDUCATIONAL AGENCIES.— 

(1) ENROLLMENT REQUIREMENTS.—Subject to paragraph 

(2), a local educational agency shall be eligible for a grant 

under this subpart for any fiscal year if the number of Indian 

children eligible under section 6117 who were enrolled in the 

schools of the agency, and to whom the agency provided free 

public education, during the preceding fiscal year— 

(A) was at least 10; or 


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As Amended Through P.L. 114-95, Enacted December 10, 2015
Sec. 6113 ESEA OF 1965 308 

(B) constituted not less than 25 percent of the total 

number of individuals enrolled in the schools of such agency. 

(2) COOPERATIVE AGREEMENTS.—A local educational agency 

may enter into a cooperative agreement with an Indian tribe 

under this subpart if such Indian tribe— 

(A) represents not less than 25 percent of the eligible 

Indian children who are served by such local educational 

agency; and 

(B) requests that the local educational agency enter 

into a cooperative agreement under this subpart. 

(3) EXCLUSION.—The requirement of paragraph (1) shall 

not apply in Alaska, California, or Oklahoma, or with respect 

to any local educational agency located on, or in proximity to, 

a reservation. 

(c) INDIAN TRIBES AND INDIAN ORGANIZATIONS.— 

(1) IN GENERAL.—If a local educational agency that is otherwise eligible for a grant under this subpart does not establish a committee under section 6114(c)(4) for such grant, an Indian tribe, an Indian organization, or a consortium of such entities, that represents more than one-half of the eligible Indian 

children who are served by such local educational agency may 

apply for such grant. 

(2) SPECIAL RULE.— 

(A) IN GENERAL.—The Secretary shall treat each Indian tribe, Indian organization, or consortium of such entities applying for a grant pursuant to paragraph (1) as if 

such tribe, Indian organization, or consortium were a local 

educational agency for purposes of this subpart. 

(B) EXCEPTIONS.—Notwithstanding subparagraph (A), 

such Indian tribe, Indian organization, or consortium shall 

not be subject to the requirements of subsections (b)(7) or 

(c)(4) of section 6114 or section 6118(c) or 6119. 

(3) ASSURANCE TO SERVE ALL INDIAN CHILDREN.—An Indian tribe, Indian organization, or consortium of such entities 

that is eligible to apply for a grant under paragraph (1) shall 

include, in the application required under section 6114, an assurance that the entity will use the grant funds to provide 

services to all Indian students served by the local educational 

agency. 

SEC. 6113. ø20 U.S.C. 7423¿ AMOUNT OF GRANTS. 

(a) AMOUNT OF GRANT AWARDS.— (1) IN GENERAL.—Except as provided in subsection (b) and 

paragraph (2), the Secretary shall allocate to each local educational agency that has an approved application under this 

subpart an amount equal to the product of— 

(A) the number of Indian children who are eligible 

under section 6117 and served by such agency; and 

(B) the greater of— 

(i) the average per pupil expenditure of the State 

in which such agency is located; or 

(ii) 80 percent of the average per pupil expenditure of all the States. 


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(2) REDUCTION.—The Secretary shall reduce the amount of 

each allocation otherwise determined under this section in accordance with subsection (e). 

(b) MINIMUM GRANT.— (1) IN GENERAL.—Notwithstanding subsection (e), an entity 

that is eligible for a grant under section 6112, and a school 

that is operated or supported by the Bureau of Indian Education is eligible for a grant under subsection (d), that submits 

an application that is approved by the Secretary, shall, subject 

to appropriations, receive a grant under this subpart in an 

amount that is not less than $3,000. 

(2) CONSORTIA.—Local educational agencies may form a 

consortium for the purpose of obtaining grants under this subpart. 

(3) INCREASE.—The Secretary may increase the minimum grant under paragraph (1) to not more than $4,000 for all 

grantees if the Secretary determines such increase is necessary 

to ensure the quality of the programs provided. 

(c) DEFINITION.—For the purpose of this section, the term ‘‘average per pupil expenditure’’, used with respect to a State, means 

an amount equal to— 

(1) the sum of the aggregate current expenditures of all 

the local educational agencies in the State, plus any direct current expenditures by the State for the operation of such agencies, without regard to the sources of funds from which such 

local or State expenditures were made, during the second fiscal 

year preceding the fiscal year for which the computation is 

made; divided by 

(2) the aggregate number of children who were included in 

average daily attendance for whom such agencies provided free 

public education during such preceding fiscal year. 

(d) SCHOOLS OPERATED OR SUPPORTED BY THE BUREAU OF INDIAN EDUCATION.— 

(1) IN GENERAL.—Subject to subsection (e), in addition to 

the grants awarded under subsection (a), the Secretary shall 

allocate to the Secretary of the Interior an amount equal to the 

product of— 

(A) the total number of Indian children enrolled in 

schools that are operated by— 

(i) the Bureau of Indian Education; or 

(ii) an Indian tribe, or an organization controlled 

or sanctioned by an Indian tribal government, for the 

children of that tribe under a contract with, or grant 

from, the Department of the Interior under the Indian 

Self-Determination Act or the Tribally Controlled 

Schools Act of 1988; and 

(B) the greater of— 

(i) the average per pupil expenditure of the State 

in which the school is located; or 

(ii) 80 percent of the average per pupil expenditure of all the States. 

(2) SPECIAL RULE.—Any school described in paragraph 

(1)(A) that wishes to receive an allocation under this subpart 

shall submit an application in accordance with section 6114, 


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9Probably should read ‘‘section 6152(a)’’. See amendment made by section 6001(b)(3)(D) of 

Public Law 114–95. 

and shall otherwise be treated as a local educational agency for 

the purpose of this subpart, except that such school shall not 

be subject to section 6114(c)(4), section 6118(c), or section 6119. 

(e) RATABLE REDUCTIONS.—If the sums appropriated for any 

fiscal year under 6152(a) 9 are insufficient to pay in full the 

amounts determined for local educational agencies under subsection (a)(1) and for the Secretary of the Interior under subsection 

(d), each of those amounts shall be ratably reduced. 

SEC. 6114. ø20 U.S.C. 7424¿ APPLICATIONS. 

(a) APPLICATION REQUIRED.—Each entity described in section 

6112(a) that desires to receive a grant under this subpart shall 

submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. 

(b) COMPREHENSIVE PROGRAM REQUIRED.—Each application 

submitted under subsection (a) shall include a description of a comprehensive program for meeting the needs of Indian children 

served by the local educational agency, including the language and 

cultural needs of the children, that— 

(1) describes how the comprehensive program will offer 

programs and activities to meet the culturally related academic 

needs of Indian students; 

(2)(A) is consistent with the State, tribal, and local plans 

submitted under other provisions of this Act; and 

(B) includes program objectives and outcomes for activities 

under this subpart that are based on the same challenging 

State academic standards developed by the State under title I 

for all students; 

(3) explains how the grantee will use funds made available 

under this subpart to supplement other Federal, State, and 

local programs that meet the needs of Indian students; 

(4) demonstrates how funds made available under this 

subpart will be used for activities described in section 6115; 

(5) describes the professional development opportunities 

that will be provided, as needed, to ensure that— 

(A) teachers and other school professionals who are 

new to the Indian community are prepared to work with 

Indian children; and 

(B) all teachers who will be involved in programs assisted under this subpart have been properly trained to 

carry out such programs; 

(6) describes how the local educational agency— 

(A) will periodically assess the progress of all Indian 

children enrolled in the schools of the local educational 

agency, including Indian children who do not participate in 

programs assisted under this subpart, in meeting the goals 

described in paragraph (2); 

(B) will provide the results of each assessment referred to in subparagraph (A) to— 

(i) the committee described in subsection (c)(4); 


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(ii) the community served by the local educational 

agency; and 

(iii) the Indian tribes whose children are served by 

the local educational agency, consistent with section 

444 of the General Education Provisions Act (20 

U.S.C. 1232g) (commonly referred to as the ‘‘Family 

Educational Rights and Privacy Act of 1974’’); and 

(C) is responding to findings of any previous assessments that are similar to the assessments described in 

subparagraph (A); and 

(7) describes the process the local educational agency used 

to meaningfully collaborate with Indian tribes located in the 

community in a timely, active, and ongoing manner in the development of the comprehensive program and the actions taken 

as a result of such collaboration. 

(c) ASSURANCES.—Each application submitted under subsection 

(a) shall include assurances that— 

(1) the local educational agency will use funds received 

under this subpart only to supplement the funds that, in the 

absence of the Federal funds made available under this subpart, such agency would make available for services described 

in this subsection, and not to supplant such funds; 

(2) the local educational agency will prepare and submit to 

the Secretary such reports, in such form and containing such 

information, as the Secretary may require to— 

(A) carry out the functions of the Secretary under this 

subpart; 

(B) determine the extent to which activities carried 

out with funds provided to the local educational agency 

under this subpart are effective in improving the educational achievement of Indian students served by such 

agency, and meet program objectives and outcomes for activities under this subpart; and 

(C) determine the extent to which such activities by 

the local educational agency address the unique cultural, 

language, and educational needs of Indian students; 

(3) the program for which assistance is sought— 

(A) is based on a comprehensive local assessment and 

prioritization of the unique educational and culturally related academic needs of the Indian students for whom the 

local educational agency is providing an education; 

(B) will use the best available talents and resources, 

including individuals from the Indian community; and 

(C) was developed by such agency in open consultation 

with parents of Indian children and teachers, representatives of Indian tribes on Indian lands located within 50 

miles of any school that the agency will serve if such tribes 

have any children in such school, Indian organizations, 

and, if appropriate, Indian students from secondary 

schools, including through public hearings held by such 

agency to provide to the individuals described in this subparagraph a full opportunity to understand the program 

and to offer recommendations regarding the program; 


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(4) the local educational agency developed the program 

with the participation and written approval of a committee— 

(A) that is composed of, and selected by— 

(i) parents and family members of Indian children 

in the local educational agency’s schools; 

(ii) representatives of Indian tribes on Indian 

lands located within 50 miles of any school that the 

agency will serve if such tribes have any children in 

such school; 

(iii) teachers in the schools; and 

(iv) if appropriate, Indian students attending secondary schools of the agency; 

(B) a majority of whose members are parents and family members of Indian children; 

(C) with respect to an application describing a 

schoolwide program in accordance with section 6115(c), 

that has— 

(i) reviewed in a timely fashion the program; 

(ii) determined that the program will not diminish 

the availability of culturally related activities for Indian students; and 

(iii) determined that the program will directly enhance the educational experience of Indian students; 

and 

(D) that has adopted reasonable bylaws for the conduct of the activities of the committee and abides by such 

bylaws; 

(5) the local educational agency will coordinate activities 

under this title with other Federal programs supporting educational and related services administered by such agency; 

(6) the local educational agency conducted outreach to parents and family members to meet the requirements under this 

paragraph; 

(7) the local educational agency will use funds received 

under this subpart only for activities described and authorized 

in this subpart; and 

(8) the local educational agency has set forth such policies 

and procedures, including policies and procedures relating to 

the hiring of personnel, as will ensure that the program for 

which assistance is sought will be operated and evaluated in 

consultation with, and with the involvement of, parents and 

family members of the children, and representatives of the 

area, to be served. 

(d) TECHNICAL ASSISTANCE.—The Secretary shall, directly or by 

contract, provide technical assistance to a local educational agency 

or Bureau of Indian Education school upon request (in addition to 

any technical assistance available under other provisions of this 

Act or available through the Institute of Education Sciences) to 

support the services and activities provided under this subpart, including technical assistance for— 

(1) the development of applications under this subpart, including identifying eligible entities that have not applied for 

such grants and undertaking appropriate activities to encourage such entities to apply for grants under this subpart; 


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(2) improvement in the quality of implementation, content, 

and evaluation of activities supported under this subpart; and 

(3) integration of activities under this subpart with other 

educational activities carried out by the local educational agency. 

SEC. 6115. ø20 U.S.C. 7425¿ AUTHORIZED SERVICES AND ACTIVITIES. 

(a) GENERAL REQUIREMENTS.—Each local educational agency 

that receives a grant under this subpart shall use the grant funds, 

in a manner consistent with the purpose specified in section 6111, 

for services and activities that— 

(1) are designed to carry out the comprehensive program 

of the local educational agency for Indian students, and described in the application of the local educational agency submitted to the Secretary under section 6114(a) solely for the 

services and activities described in such application; 

(2) are designed to be responsive to the language and cultural needs of the Indian students; and 

(3) supplement and enrich the regular school program of 

such agency. 

(b) PARTICULAR ACTIVITIES.—The services and activities referred to in subsection (a) may include— 

(1) activities that support Native American language programs and Native American language restoration programs, 

which may be taught by traditional leaders; 

(2) culturally related activities that support the program 

described in the application submitted by the local educational 

agency; 

(3) early childhood and family programs that emphasize 

school readiness; 

(4) enrichment programs that focus on problem solving and 

cognitive skills development and directly support the attainment of challenging State academic standards; 

(5) integrated educational services in combination with 

other programs that meet the needs of Indian children and 

their families, including programs that promote parental involvement in school activities and increase student achievement; 

(6) career preparation activities to enable Indian students 

to participate in programs such as the programs supported by 

the Carl D. Perkins Career and Technical Education Act of 

2006 (20 U.S.C. 2301 et seq.), including programs for tech-prep 

education, mentoring, and apprenticeship; 

(7) activities to educate individuals so as to prevent violence, suicide, and substance abuse; 

(8) the acquisition of equipment, but only if the acquisition 

of the equipment is essential to achieve the purpose described 

in section 6111; 

(9) activities that promote the incorporation of culturally 

responsive teaching and learning strategies into the educational program of the local educational agency; 

(10) family literacy services; 


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(11) activities that recognize and support the unique cultural and educational needs of Indian children, and incorporate 

appropriately qualified tribal elders and seniors; 

(12) dropout prevention strategies for Indian students; and 

(13) strategies to meet the educational needs of at-risk Indian students in correctional facilities, including such strategies that support Indian students who are transitioning from 

such facilities to schools served by local educational agencies. 

(c) SCHOOLWIDE PROGRAMS.—Notwithstanding any other provision of law, a local educational agency may use funds made available to such agency under this subpart to support a schoolwide program under section 1114 if— 

(1) the committee established pursuant to section 

6114(c)(4) approves the use of the funds for the schoolwide program; 

(2) the schoolwide program is consistent with the purpose 

described in section 6111; and 

(3) the local educational agency identifies in its application 

how the use of such funds in a schoolwide program will 

produce benefits to Indian students that would not be achieved 

if the funds were not used in a schoolwide program. 

(d) LIMITATION ON ADMINISTRATIVE COSTS.—Not more than 5 

percent of the funds provided to a grantee under this subpart for 

any fiscal year may be used for administrative purposes. 

(e) LIMITATION ON THE USE OF FUNDS.—Funds provided to a 

grantee under this subpart may not be used for long-distance travel 

expenses for training activities that are available locally or regionally. 

SEC. 6116. ø20 U.S.C. 7426¿ INTEGRATION OF SERVICES AUTHORIZED. 

(a) PLAN.—An entity receiving funds under this subpart may 

submit a plan to the Secretary for the integration of education and 

related services provided to Indian students. 

(b) CONSOLIDATION OF PROGRAMS.—Upon the receipt of an acceptable plan under subsection (a), the Secretary, in cooperation 

with each Federal agency providing grants for the provision of education and related services to the entity, shall authorize the entity 

to consolidate, in accordance with such plan, the federally funded 

education and related services programs of the entity and the Federal programs, or portions of the programs, serving Indian students 

in a manner that integrates the program services involved into a 

single, coordinated, comprehensive program and reduces administrative costs by consolidating administrative functions. 

(c) PROGRAMS AFFECTED.—The funds that may be consolidated 

in a demonstration project under any such plan referred to in subsection (a) shall include funds for any Federal program exclusively 

serving Indian children, or the funds reserved under any Federal 

program to exclusively serve Indian children, under which the entity is eligible for receipt of funds under a statutory or administrative formula for the purposes of providing education and related 

services that would be used to serve Indian students. 

(d) PLAN REQUIREMENTS.—For a plan to be acceptable pursuant to subsection (b), the plan shall— 


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(1) identify the programs or funding sources to be consolidated; 

(2) be consistent with the objectives of this section concerning authorizing the services to be integrated in a demonstration project; 

(3) describe a comprehensive strategy that identifies the 

full range of potential educational opportunities and related 

services to be provided to assist Indian students to achieve the 

objectives set forth in this subpart; 

(4) describe the way in which services are to be integrated 

and delivered and the results expected from the plan; 

(5) identify the projected expenditures under the plan in a 

single budget; 

(6) identify the State, tribal, or local agency or agencies to 

be involved in the delivery of the services integrated under the 

plan; 

(7) identify any statutory provisions, regulations, policies, 

or procedures that the entity believes need to be waived in 

order to implement the plan; 

(8) set forth measures for academic content and student 

academic achievement goals designed to be met within a specific period of time; and 

(9) be approved by a committee formed in accordance with 

section 6114(c)(4), if such a committee exists. 

(e) PLAN REVIEW.—Upon receipt of the plan from an eligible 

entity, the Secretary shall consult with the Secretary of each Federal department providing funds to be used to implement the plan, 

and with the entity submitting the plan. The parties so consulting 

shall identify any waivers of statutory requirements or of Federal 

departmental regulations, policies, or procedures necessary to enable the entity to implement the plan. Notwithstanding any other 

provision of law, the Secretary of the affected department shall 

have the authority to waive any regulation, policy, or procedure 

promulgated by that department that has been so identified by the 

entity or department, unless the Secretary of the affected department determines that such a waiver is inconsistent with the objectives of this subpart or those provisions of the statute from which 

the program involved derives authority that are specifically applicable to Indian students. 

(f) PLAN APPROVAL.—Within 90 days after the receipt of an entity’s plan by the Secretary, the Secretary shall inform the entity, 

in writing, of the Secretary’s approval or disapproval of the plan. 

If the plan is disapproved, the entity shall be informed, in writing, 

of the reasons for the disapproval and shall be given an opportunity to amend the plan or to petition the Secretary to reconsider 

such disapproval. 

(g) RESPONSIBILITIES OF DEPARTMENT OF EDUCATION.—Not 

later than 180 days after the date of enactment of the Every Student Succeeds Act, the Secretary of Education, the Secretary of the 

Interior, the Secretary of Health and Human Services, and the 

head of any other Federal department or agency identified by the 

Secretary of Education, shall enter into an interdepartmental 

memorandum of agreement providing for the implementation and 

coordination of the demonstration projects authorized under this 


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section. The lead agency head for a demonstration project under 

this section shall be— 

(1) the Secretary of the Interior, in the case of an entity 

meeting the definition of a contract or grant school under title 

XI of the Education Amendments of 1978; or 

(2) the Secretary of Education, in the case of any other entity. 

(h) RESPONSIBILITIES OF LEAD AGENCY.—The responsibilities of 

the lead agency shall include— 

(1) the use of a single report format related to the plan for 

the individual project, which shall be used by an eligible entity 

to report on the activities undertaken under the project; 

(2) the use of a single report format related to the projected expenditures for the individual project which shall be 

used by an eligible entity to report on all project expenditures; 

(3) the development of a single system of Federal oversight 

for the project, which shall be implemented by the lead agency; 

and 

(4) the provision of technical assistance to an eligible entity appropriate to the project, except that an eligible entity 

shall have the authority to accept or reject the plan for providing such technical assistance and the technical assistance 

provider. 

(i) REPORT REQUIREMENTS.—A single report format shall be developed by the Secretary, consistent with the requirements of this 

section. Such report format shall require that reports described in 

subsection (h), together with records maintained on the consolidated program at the local level, shall contain such information as 

will allow a determination that the eligible entity has complied 

with the requirements incorporated in its approved plan, including 

making a demonstration of student academic achievement, and will 

provide assurances to each Secretary that the eligible entity has 

complied with all directly applicable statutory requirements and 

with those directly applicable regulatory requirements that have 

not been waived. 

(j) NO REDUCTION IN AMOUNTS.—In no case shall the amount 

of Federal funds available to an eligible entity involved in any demonstration project be reduced as a result of the enactment of this 

section. 

(k) INTERAGENCY FUND TRANSFERS AUTHORIZED.—The Secretary is authorized to take such action as may be necessary to provide for an interagency transfer of funds otherwise available to an 

eligible entity in order to further the objectives of this section. 

(l) ADMINISTRATION OF FUNDS.— 

(1) IN GENERAL.—Program funds for the consolidated programs shall be administered in such a manner as to allow for 

a determination that funds from a specific program are spent 

on allowable activities authorized under such program, except 

that the eligible entity shall determine the proportion of the 

funds granted that shall be allocated to such program. 

(2) SEPARATE RECORDS NOT REQUIRED.—Nothing in this 

section shall be construed as requiring the eligible entity to 

maintain separate records tracing any services or activities 

conducted under the approved plan to the individual programs 


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under which funds were authorized for the services or activities, nor shall the eligible entity be required to allocate expenditures among such individual programs. 

(m) OVERAGE.—The eligible entity may commingle all administrative funds from the consolidated programs and shall be entitled 

to the full amount of such funds (under each program’s or agency’s 

regulations). The overage (defined as the difference between the 

amount of the commingled funds and the actual administrative cost 

of the programs) shall be considered to be properly spent for Federal audit purposes, if the overage is used for the purposes provided for under this section. 

(n) FISCAL ACCOUNTABILITY.—Nothing in this part shall be 

construed so as to interfere with the ability of the Secretary or the 

lead agency to fulfill the responsibilities for the safeguarding of 

Federal funds pursuant to chapter 75 of title 31, United States 

Code. 

(o) REPORT ON STATUTORY OBSTACLES TO PROGRAM INTEGRATION.— 

(1) PRELIMINARY REPORT.—Not later than 2 years after the 

date of enactment of the Every Student Succeeds Act, the Secretary of Education shall submit a preliminary report to the 

Committee on Education and the Workforce and the Committee on Resources of the House of Representatives and the 

Committee on Health, Education, Labor, and Pensions and the 

Committee on Indian Affairs of the Senate on the status of the 

implementation of the demonstration projects authorized under 

this section. 

(2) FINAL REPORT.—Not later than 5 years after the date 

of enactment of the Every Student Succeeds Act, the Secretary 

of Education shall submit a report to the Committee on Education and the Workforce and the Committee on Resources of 

the House of Representatives and the Committee on Health, 

Education, Labor, and Pensions and the Committee on Indian 

Affairs of the Senate on the results of the implementation of 

the demonstration projects authorized under this section. 

(p) DEFINITIONS.—For the purposes of this section, the term 

‘‘Secretary’’ means— 

(1) the Secretary of the Interior, in the case of an entity 

meeting the definition of a contract or grant school under title 

XI of the Education Amendments of 1978; or 

(2) the Secretary of Education, in the case of any other entity. 

SEC. 6117. ø20 U.S.C. 7427¿ STUDENT ELIGIBILITY FORMS. 

(a) IN GENERAL.—The Secretary shall require that, as part of 

an application for a grant under this subpart, each applicant shall 

maintain a file, with respect to each Indian child for whom the 

local educational agency provides a free public education, that contains a form that sets forth information establishing the status of 

the child as an Indian child eligible for assistance under this subpart, and that otherwise meets the requirements of subsection (b). 

All individual data collected shall be protected by the local educational agencies and only aggregated data shall be reported to the 

Secretary. 


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(b) FORMS.—The form described in subsection (a) shall include— 

(1) either— 

(A)(i) the name of the tribe or band of Indians (as defined in section 6151) with respect to which the child 

claims membership; 

(ii) the enrollment number establishing the membership of the child (if readily available); and 

(iii) the name and address of the organization that 

maintains updated and accurate membership data for such 

tribe or band of Indians; or 

(B) the name, the enrollment number (if readily available), and the name and address of the organization responsible for maintaining updated and accurate membership data, of any parent or grandparent of the child from 

whom the child claims eligibility under this subpart, if the 

child is not a member of the tribe or band of Indians (as 

so defined); 

(2) a statement of whether the tribe or band of Indians (as 

so defined), with respect to which the child, or parent or grandparent of the child, claims membership, is federally recognized; 

(3) the name and address of the parent or legal guardian 

of the child; 

(4) a signature of the parent or legal guardian of the child 

that verifies the accuracy of the information supplied; and 

(5) any other information that the Secretary considers necessary to provide an accurate program profile. 

(c) STATUTORY CONSTRUCTION.—Nothing in this section shall 

be construed to affect a definition contained in section 6151. 

(d) DOCUMENTATION AND TYPES OF PROOF.— 

(1) TYPES OF PROOF.—For purposes of determining whether 

a child is eligible to be counted for the purpose of computing 

the amount of a grant award under section 6113, the membership of the child, or any parent or grandparent of the child, in 

a tribe or band of Indians (as so defined) may be established 

by proof other than an enrollment number, notwithstanding 

the availability of an enrollment number for a member of such 

tribe or band. Nothing in subsection (b) shall be construed to 

require the furnishing of an enrollment number. 

(2) NO NEW OR DUPLICATIVE DETERMINATIONS.—Once a 

child is determined to be an Indian eligible to be counted for 

such grant award, the local educational agency shall maintain 

a record of such determination and shall not require a new or 

duplicate determination to be made for such child for a subsequent application for a grant under this subpart. 

(3) PREVIOUSLY FILED FORMS.—An Indian student eligibility form that was on file as required by this section on the 

day before the date of enactment of the Every Student Succeeds Act and that met the requirements of this section, as this 

section was in effect on the day before the date of the enactment of such Act, shall remain valid for such Indian student. 

(e) MONITORING AND EVALUATION REVIEW.— 

(1) IN GENERAL.— 


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(A) REVIEW.—For each fiscal year, in order to provide 

such information as is necessary to carry out the responsibility of the Secretary to provide technical assistance 

under this subpart, the Secretary shall conduct a monitoring and evaluation review of a sampling of the recipients of grants under this subpart. The sampling conducted 

under this subparagraph shall take into account the size 

of and the geographic location of each local educational 

agency. 

(B) EXCEPTION.—A local educational agency may not 

be held liable to the United States or be subject to any 

penalty, by reason of the findings of an audit that relates 

to the date of completion, or the date of submission, of any 

forms used to establish, before April 28, 1988, the eligibility of a child for an entitlement under the Indian Elementary and Secondary School Assistance Act. 

(2) FALSE INFORMATION.—Any local educational agency 

that provides false information in an application for a grant 

under this subpart shall— 

(A) be ineligible to apply for any other grant under 

this subpart; and 

(B) be liable to the United States for any funds from 

the grant that have not been expended. 

(3) EXCLUDED CHILDREN.—A student who provides false information for the form required under subsection (a) shall not 

be counted for the purpose of computing the amount of a grant 

under section 6113. 

(f) TRIBAL GRANT AND CONTRACT SCHOOLS.—Notwithstanding 

any other provision of this section, in calculating the amount of a 

grant under this subpart to a tribal school that receives a grant or 

contract from the Bureau of Indian Education, the Secretary shall 

use only one of the following, as selected by the school: 

(1) A count of the number of students in the schools certified by the Bureau. 

(2) A count of the number of students for whom the school 

has eligibility forms that comply with this section. 

(g) TIMING OF CHILD COUNTS.—For purposes of determining 

the number of children to be counted in calculating the amount of 

a local educational agency’s grant under this subpart (other than 

in the case described in subsection (f)(1)), the local educational 

agency shall— 

(1) establish a date on, or a period not longer than 31 consecutive days during, which the agency counts those children, 

if that date or period occurs before the deadline established by 

the Secretary for submitting an application under section 6114; 

and 

(2) determine that each such child was enrolled, and receiving a free public education, in a school of the agency on 

that date or during that period, as the case may be. 

SEC. 6118. ø20 U.S.C. 7428¿ PAYMENTS. 

(a) IN GENERAL.—Subject to subsections (b) and (c), the Secretary shall pay to each local educational agency that submits an 

application that is approved by the Secretary under this subpart 


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the amount determined under section 6113. The Secretary shall notify the local educational agency of the amount of the payment not 

later than June 1 of the year for which the Secretary makes the 

payment. 

(b) PAYMENTS TAKEN INTO ACCOUNT BY THE STATE.—The Secretary may not make a grant under this subpart to a local educational agency for a fiscal year if, for such fiscal year, the State 

in which the local educational agency is located takes into consideration payments made under this chapter in determining the eligibility of the local educational agency for State aid, or the amount 

of the State aid, with respect to the free public education of children during such fiscal year or the preceding fiscal year. 

(c) REDUCTION OF PAYMENT FOR FAILURE TO MAINTAIN FISCAL

EFFORT.—Each local educational agency shall maintain fiscal effort 

in accordance with section 8521 or be subject to reduced payments 

under this subpart in accordance with such section 8521. 

(d) REALLOCATIONS.—The Secretary may reallocate, in a manner that the Secretary determines will best carry out the purpose 

of this subpart, any amounts that— 

(1) based on estimates made by local educational agencies 

or other information, the Secretary determines will not be 

needed by such agencies to carry out approved programs under 

this subpart; or 

(2) otherwise become available for reallocation under this 

subpart. 

SEC. 6119. ø20 U.S.C. 7429¿ STATE EDUCATIONAL AGENCY REVIEW. 

Before submitting an application to the Secretary under section 6114, a local educational agency shall submit the application 

to the State educational agency, which may comment on such application. If the State educational agency comments on the application, the agency shall comment on all applications submitted by 

local educational agencies in the State and shall provide those comments to the respective local educational agencies, with an opportunity to respond. 

Subpart 2—Special Programs and Projects To Improve Educational Opportunities for Indian 

Children 

SEC. 6121. ø20 U.S.C. 7441¿ IMPROVEMENT OF EDUCATIONAL OPPORTUNITIES FOR INDIAN CHILDREN AND YOUTH. 

(a) PURPOSE.— 

(1) IN GENERAL.—It is the purpose of this section to support projects to develop, test, and demonstrate the effectiveness 

of services and programs to improve educational opportunities 

and achievement of Indian children and youth. 

(2) COORDINATION.—The Secretary shall take the necessary actions to achieve the coordination of activities assisted 

under this subpart with— 

(A) other programs funded under this Act; and 

(B) other Federal programs operated for the benefit of 

Indian children and youth. 


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(b) ELIGIBLE ENTITIES.—In this section, the term ‘‘eligible entity’’ means a State educational agency, local educational agency, Indian tribe, Indian organization, federally supported elementary 

school or secondary school for Indian students, a Tribal College or 

University (as defined in section 316(b) of the Higher Education 

Act of 1965 (20 U.S.C. 1059c(b))), or a consortium of such entities. 

(c) GRANTS AUTHORIZED.—The Secretary shall award grants to 

eligible entities to enable such entities to carry out activities that 

meet the purpose of this section, including— 

(1) innovative programs related to the educational needs of 

educationally disadvantaged Indian children and youth; 

(2) educational services that are not available to such children and youth in sufficient quantity or quality, including remedial instruction, to raise the achievement of Indian children 

in one or more of the subjects of English, mathematics, science, 

foreign languages, art, history, and geography; 

(3) bilingual and bicultural programs and projects; 

(4) special health and nutrition services, and other related 

activities, that address the special health, social, and psychological problems of Indian children and youth; 

(5) special compensatory and other programs and projects 

designed to assist and encourage Indian children and youth to 

enter, remain in, or reenter school, and to increase the rate of 

high school graduation for Indian children and youth; 

(6) comprehensive guidance, counseling, and testing services; 

(7) early childhood education programs that are effective in 

preparing young children to make sufficient academic growth 

by the end of grade 3, including kindergarten and pre-kindergarten programs, family-based preschool programs that emphasize school readiness, screening and referral, and the provision 

of services to Indian children and youth with disabilities; 

(8) partnership projects between local educational agencies 

and institutions of higher education that allow secondary 

school students to enroll in courses at the postsecondary level 

to aid such students in the transition from secondary to postsecondary education; 

(9) partnership projects between schools and local businesses for career preparation programs designed to provide Indian youth with the knowledge and skills such youth need to 

make an effective transition from school to a high-skill career; 

(10) programs designed to encourage and assist Indian students to work toward, and gain entrance into, institutions of 

higher education; 

(11) family literacy services; 

(12) activities that recognize and support the unique cultural and educational needs of Indian children and youth, and 

incorporate traditional leaders; 

(13) high-quality professional development of teaching professionals and paraprofessionals; or 

(14) other services that meet the purpose described in this 

section. 

(d) GRANT REQUIREMENTS AND APPLICATIONS.— 

(1) GRANT REQUIREMENTS.— 


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(A) IN GENERAL.—The Secretary may make multiyear 

grants under subsection (c) for the planning, development, 

pilot operation, or demonstration of any activity described 

in subsection (c) for a period not to exceed 5 years. 

(B) PRIORITY.—In making multiyear grants described 

in this paragraph, the Secretary shall give priority to entities submitting applications that present a plan for combining two or more of the activities described in subsection 

(c) over a period of more than 1 year. 

(C) PROGRESS.—The Secretary shall award grants for 

an initial period of not more than 3 years and may renew 

such grants for not more than an additional 2 years if the 

Secretary determines that the eligible entity has made 

substantial progress in carrying out the activities assisted 

under the grant in accordance with the application submitted under paragraph (3) and any subsequent modifications to such application. 

(2) DISSEMINATION GRANTS.— 

(A) IN GENERAL.—In addition to awarding the 

multiyear grants described in paragraph (1), the Secretary 

may award grants under subsection (c) to eligible entities 

for the dissemination of exemplary materials or programs 

assisted under this section. 

(B) DETERMINATION.—The Secretary may award a dissemination grant described in this paragraph if, prior to 

awarding the grant, the Secretary determines that the material or program to be disseminated— 

(i) has been adequately reviewed; 

(ii) has demonstrated educational merit; and 

(iii) can be replicated. 

(3) APPLICATION.— 

(A) IN GENERAL.—Any eligible entity that desires to 

receive a grant under this section shall submit an application to the Secretary at such time and in such manner as 

the Secretary may reasonably require. 

(B) CONTENTS.—Each application submitted to the 

Secretary under subparagraph (A), other than an application for a dissemination grant under paragraph (2), shall 

contain— 

(i) a description of how parents and family of Indian children and representatives of Indian tribes 

have been, and will be, involved in developing and implementing the activities for which assistance is 

sought; 

(ii) assurances that the applicant will participate, 

at the request of the Secretary, in any national evaluation of activities assisted under this section; 

(iii) information demonstrating that the proposed 

program is an evidence-based program, where applicable, which may include a program that has been modified to be culturally appropriate for students who will 

be served; 


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(iv) a description of how the applicant will incorporate the proposed activities into the ongoing school 

program involved once the grant period is over; and 

(v) such other assurances and information as the 

Secretary may reasonably require. 

(e) ADMINISTRATIVE COSTS.—Not more than 5 percent of the 

funds provided to a grantee under this subpart for any fiscal year 

may be used for administrative purposes. 

SEC. 6122. ø20 U.S.C. 7442¿ PROFESSIONAL DEVELOPMENT FOR TEACHERS AND EDUCATION PROFESSIONALS. 

(a) PURPOSES.—The purposes of this section are— 

(1) to increase the number of qualified Indian teachers and 

administrators serving Indian students; 

(2) to provide pre- and in-service training and support to 

qualified Indian individuals to enable such individuals to become effective teachers, principals, other school leaders, administrators, paraprofessionals, counselors, social workers, and 

specialized instructional support personnel; 

(3) to improve the skills of qualified Indian individuals 

who serve in the capacities described in paragraph (2); and 

(4) to develop and implement initiatives to promote retention of effective teachers, principals, and school leaders who 

have a record of success in helping low-achieving Indian students improve their academic achievement, outcomes, and 

preparation for postsecondary education or employment. 

(b) ELIGIBLE ENTITIES.—For the purpose of this section, the 

term ‘‘eligible entity’’ means— 

(1) an institution of higher education, including a Tribal 

College or University, as defined in section 316(b) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b)); 

(2) a State educational agency or local educational agency, 

in consortium with an institution of higher education; 

(3) an Indian tribe or organization, in consortium with an 

institution of higher education; and 

(4) a Bureau-funded school (as defined in section 1146 of 

the Education Amendments of 1978) in a consortium with at 

least one Tribal College or University, as defined in section 

316(b) of the Higher Education Act of 1965 (20 U.S.C. 

1059c(b)), where feasible. 

(c) PROGRAM AUTHORIZED.—The Secretary is authorized to 

award grants to eligible entities having applications approved 

under this section to enable those entities to carry out the activities 

described in subsection (d). 

(d) AUTHORIZED ACTIVITIES.— 

(1) IN GENERAL.—Grant funds under this section shall be 

used for activities to provide support and training for Indian 

individuals in a manner consistent with the purpose of this 

section. Such activities may include— 

(A) continuing education programs, symposia, workshops, and conferences; 

(B) teacher mentoring programs, professional guidance, and instructional support provided by educators, 

local traditional leaders, or cultural experts, as appropriate 


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for teachers during their first 3 years of employment as 

teachers; 

(C) direct financial support; and 

(D) programs designed to train traditional leaders and 

cultural experts to assist those personnel referenced in 

subsection (a)(2), as appropriate, with relevant Native language and cultural mentoring, guidance, and support. 

(2) SPECIAL RULES.— (A) TYPE OF TRAINING.—For education personnel, the 

training received pursuant to a grant under this section 

may be inservice or preservice training. 

(B) PROGRAM.—For individuals who are being trained 

to enter any field other than teaching, the training received pursuant to a grant under this section shall be in 

a program that results in a graduate degree. 

(e) APPLICATION.—Each eligible entity desiring a grant under 

this section shall submit an application to the Secretary at such 

time and in such manner as the Secretary may reasonably require. 

At a minimum, an application under this section shall describe how 

the eligible entity will— 

(1) recruit qualified Indian individuals, such as students 

who may not be of traditional college age, to become teachers, 

principals, or school leaders; 

(2) use funds made available under the grant to support 

the recruitment, preparation, and professional development of 

Indian teachers or principals in local educational agencies that 

serve a high proportion of Indian students; and 

(3) assist participants in meeting the requirements under 

subsection (h). 

(f) SPECIAL RULE.—In awarding grants under this section, the 

Secretary— 

(1) may give priority to Tribal Colleges and Universities; 

(2) shall consider the prior performance of the eligible entity; and 

(3) may not limit eligibility to receive a grant under this 

section on the basis of the length of any period for which the 

eligible entity has received a grant. 

(g) GRANT PERIOD.—The Secretary shall award grants under 

this section for an initial period of not more than 3 years, and may 

renew such grants for an additional period of not more than 2 

years if the Secretary finds that the grantee is achieving the objectives of the grant. 

(h) SERVICE OBLIGATION.— 

(1) IN GENERAL.—The Secretary shall require, by regulation, that an individual who receives training pursuant to a 

grant made under this section— 

(A) perform work— 

(i) related to the training received under this section; and 

(ii) that benefits Indian students in a local educational agency that serves a high proportion of Indian 

students; or 

(B) repay all or a prorated part of the assistance received. 


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(2) REPORTING.—The Secretary shall establish, by regulation, a reporting procedure under which a grant recipient 

under this section shall, not later than 12 months after the 

date of completion of the training, and periodically thereafter, 

provide information concerning compliance with the work requirement under paragraph (1). 

Subpart 3—National Activities 

SEC. 6131. ø20 U.S.C. 7451¿ NATIONAL RESEARCH ACTIVITIES. 

(a) AUTHORIZED ACTIVITIES.—The Secretary may use funds 

made available to carry out this subpart for each fiscal year to— 

(1) conduct research related to effective approaches for the 

education of Indian children and adults; 

(2) evaluate federally assisted education programs from 

which Indian children and adults may benefit; 

(3) collect and analyze data on the educational status and 

needs of Indians; and 

(4) carry out other activities that are consistent with the 

purpose of this part. 

(b) ELIGIBILITY.—The Secretary may carry out any of the activities described in subsection (a) directly or through grants to, or 

contracts or cooperative agreements with, Indian tribes, Indian organizations, State educational agencies, local educational agencies, 

institutions of higher education, including Indian institutions of 

higher education, and other public and private agencies and institutions. 

(c) COORDINATION.—Research activities supported under this 

section— 

(1) shall be carried out in consultation with the Institute 

of Education Sciences to ensure that such activities are coordinated with and enhance the research and development activities supported by the Institute; and 

(2) may include collaborative research activities that are 

jointly funded and carried out by the Office of Indian Education Programs, the Bureau of Indian Education, and the Institute of Education Sciences. 

SEC. 6132. ø20 U.S.C. 7452¿ GRANTS TO TRIBES FOR EDUCATION ADMINISTRATIVE PLANNING, DEVELOPMENT, AND COORDINATION. 

(a) IN GENERAL.—The Secretary may award grants under this 

section to eligible applicants to enable the eligible applicants to— 

(1) promote tribal self-determination in education; 

(2) improve the academic achievement of Indian children 

and youth; and 

(3) promote the coordination and collaboration of tribal 

educational agencies with State educational agencies and local 

educational agencies to meet the unique educational and culturally related academic needs of Indian students. 

(b) DEFINITIONS.—In this section: 

(1) ELIGIBLE APPLICANT.—In this section, the term ‘‘eligible 

applicant’’ means— 

(A) an Indian tribe or tribal organization approved by 

an Indian tribe; or 


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(B) a tribal educational agency. 

(2) INDIAN TRIBE.—The term ‘‘Indian tribe’’ means a federally recognized tribe or a State-recognized tribe. 

(3) TRIBAL EDUCATIONAL AGENCY.—The term ‘‘tribal educational agency’’ means the agency, department, or instrumentality of an Indian tribe that is primarily responsible for supporting tribal students’ elementary and secondary education. 

(c) GRANT PROGRAM.—The Secretary may award grants to— 

(1) eligible applicants described under subsection (b)(1)(A) 

to plan and develop a tribal educational agency, if the tribe or 

organization has no current tribal educational agency, for a period of not more than 1 year; and 

(2) eligible applicants described under subsection (b)(1)(B), 

for a period of not more than 3 years, in order to— 

(A) directly administer education programs, including 

formula grant programs under this Act, consistent with 

State law and under a written agreement between the parties; 

(B) build capacity to administer and coordinate such 

education programs, and to improve the relationship and 

coordination between such applicants and the State educational agencies and local educational agencies that educate students from the tribe; 

(C) receive training and support from the State educational agency and local educational agency, in areas such 

as data collection and analysis, grants management and 

monitoring, fiscal accountability, and other areas as needed; 

(D) train and support the State educational agency 

and local educational agency in areas related to tribal history, language, or culture; 

(E) build on existing activities or resources rather 

than replacing other funds; and 

(F) carry out other activities, consistent with the purposes of this section. 

(d) GRANT APPLICATION.— 

(1) IN GENERAL.—Each eligible applicant desiring a grant 

under this section shall submit an application to the Secretary 

at such time and in such manner as the Secretary may reasonably prescribe. 

(2) CONTENTS.—Each application described in paragraph 

(1) shall contain— 

(A) a statement describing the activities to be conducted, and the objectives to be achieved, under the grant; 

(B) a description of the method to be used for evaluating the effectiveness of the activities for which assistance 

is sought and for determining whether such objectives are 

achieved; and 

(C) for applications for activities under subsection 

(c)(2), evidence of— 

(i) a preliminary agreement with the appropriate 

State educational agency, 1 or more local educational 

agencies, or both the State educational agency and a 

local educational agency; and 


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(ii) existing capacity as a tribal educational agency. 

(3) APPROVAL.—The Secretary may approve an application 

submitted by an eligible applicant under this subsection if the 

application, including any documentation submitted with the 

application— 

(A) demonstrates that the eligible applicant has consulted with other education entities, if any, within the territorial jurisdiction of the applicant that will be affected by 

the activities to be conducted under the grant; 

(B) provides for consultation with such other education 

entities in the operation and evaluation of the activities 

conducted under the grant; and 

(C) demonstrates that there will be adequate resources 

provided under this section or from other sources to complete the activities for which assistance is sought. 

(e) RESTRICTIONS.— (1) IN GENERAL.—An Indian tribe may not receive funds 

under this section if the tribe receives funds under section 

1140 of the Education Amendments of 1978 (20 U.S.C. 2020). 

(2) DIRECT SERVICES.—No funds under this section may be 

used to provide direct services. 

(f) SUPPLEMENT, NOT SUPPLANT.—Funds under this section 

shall be used to supplement, and not supplant, other Federal, 

State, and local programs that meet the needs of tribal students. 

SEC. 6133. ø20 U.S.C. 7453¿ NATIVE AMERICAN AND ALASKA NATIVE 

LANGUAGE IMMERSION SCHOOLS AND PROGRAMS. 

(a) PURPOSES.—The purposes of this section are— 

(1) to establish a grant program to support schools that 

use Native American and Alaska Native languages as the primary language of instruction; 

(2) to maintain, protect, and promote the rights and freedom of Native Americans and Alaska Natives to use, practice, 

maintain, and revitalize their languages, as envisioned in the 

Native American Languages Act (25 U.S.C. 2901 et seq.); and 

(3) to support the Nation’s First Peoples’ efforts to maintain and revitalize their languages and cultures, and to improve educational opportunities and student outcomes within 

Native American and Alaska Native communities. 

(b) PROGRAM AUTHORIZED.— (1) IN GENERAL.—From funds reserved under section 

6152(c), the Secretary shall reserve 20 percent to make grants 

to eligible entities to develop and maintain, or to improve and 

expand, programs that support schools, including elementary 

school and secondary school education sites and streams, using 

Native American and Alaska Native languages as the primary 

languages of instruction. 

(2) ELIGIBLE ENTITIES.—In this subsection, the term ‘‘eligible entity’’ means any of the following entities that has a plan 

to develop and maintain, or to improve and expand, programs 

that support the entity’s use of a Native American or Alaska 

Native language as the primary language of instruction in elementary schools or secondary schools, or both: 

(A) An Indian tribe. 


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(B) A Tribal College or University (as defined in section 316 of the Higher Education Act of 1965 (20 U.S.C. 

1059c)). 

(C) A tribal education agency. 

(D) A local educational agency, including a public 

charter school that is a local educational agency under 

State law. 

(E) A school operated by the Bureau of Indian Education. 

(F) An Alaska Native Regional Corporation (as described in section 3(g) of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(g))). 

(G) A private, tribal, or Alaska Native nonprofit organization. 

(H) A nontribal for-profit organization. 

(c) APPLICATION.— (1) IN GENERAL.—An eligible entity that desires to receive 

a grant under this section shall submit an application to the 

Secretary at such time and in such manner as the Secretary 

may require, including the following: 

(A) The name of the Native American or Alaska Native language to be used for instruction at the school supported by the eligible entity. 

(B) The number of students attending such school. 

(C) The number of hours of instruction in or through 

1 or more Native American or Alaska Native languages 

being provided to targeted students at such school, if any. 

(D) A description of how the eligible entity will— 

(i) use the funds provided to meet the purposes of 

this section; 

(ii) implement the activities described in subsection (e); 

(iii) ensure the implementation of rigorous academic content; and 

(iv) ensure that students progress toward highlevel fluency goals. 

(E) Information regarding the school’s organizational 

governance or affiliations, including information about— 

(i) the school governing entity (such as a local educational agency, tribal education agency or department, charter organization, private organization, or 

other governing entity); 

(ii) the school’s accreditation status; 

(iii) any partnerships with institutions of higher 

education; and 

(iv) any indigenous language schooling and research cooperatives. 

(F) An assurance that— 

(i) the school is engaged in meeting State or tribally designated long-term goals for students, as may 

be required by applicable Federal, State, or tribal law; 

(ii) the school provides assessments of students 

using the Native American or Alaska Native language 

of instruction, where possible; 


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(iii) the qualifications of all instructional and leadership personnel at such school is sufficient to deliver 

high-quality education through the Native American 

or Alaska Native language used in the school; and 

(iv) the school will collect and report to the public 

data relative to student achievement and, if appropriate, rates of high school graduation, career readiness, and enrollment in postsecondary education or 

workforce development programs, of students who are 

enrolled in the school’s programs. 

(2) LIMITATION.—The Secretary shall not give a priority in 

awarding grants under this section based on the information 

described in paragraph (1)(E). 

(3) SUBMISSION OF CERTIFICATION.— 

(A) IN GENERAL.—An eligible entity that is a public elementary school or secondary school (including a public 

charter school or a school operated by the Bureau of Indian Education) or a nontribal for-profit or nonprofit organization shall submit, along with the application requirements described in paragraph (1), a certification described 

in subparagraph (B) indicating that— 

(i) the school or organization has the capacity to 

provide education primarily through a Native American or an Alaska Native language; and 

(ii) there are sufficient speakers of the target language at the school or available to be hired by the 

school or organization. 

(B) CERTIFICATION.—The certification described in subparagraph (A) shall be from one of the following entities, 

on whose land the school or program is located, that is an 

entity served by such school, or that is an entity whose 

members (as defined by that entity) are served by the 

school: 

(i) A Tribal College or University (as defined in 

section 316 of the Higher Education Act of 1965 (20 

U.S.C. 1059c)). 

(ii) A Federally recognized Indian tribe or tribal 

organization. 

(iii) An Alaska Native Regional Corporation or an 

Alaska Native nonprofit organization. 

(iv) A Native Hawaiian organization. 

(d) AWARDING OF GRANTS.—In awarding grants under this section, the Secretary shall— 

(1) determine the amount of each grant and the duration 

of each grant, which shall not exceed 3 years; and 

(2) ensure, to the maximum extent feasible, that diversity 

in languages is represented. 

(e) ACTIVITIES AUTHORIZED.— 

(1) REQUIRED ACTIVITIES.—An eligible entity that receives 

a grant under this section shall use such funds to carry out the 

following activities: 

(A) Supporting Native American or Alaska Native language education and development. 


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(B) Providing professional development for teachers 

and, as appropriate, staff and administrators to strengthen 

the overall language and academic goals of the school that 

will be served by the grant program. 

(2) ALLOWABLE ACTIVITIES.—An eligible entity that receives a grant under this section may use such funds to carry 

out the following activities: 

(A) Developing or refining curriculum, including teaching materials and activities, as appropriate. 

(B) Creating or refining assessments written in the 

Native American or Alaska Native language of instruction 

that measure student proficiency and that are aligned with 

State or tribal academic standards. 

(C) Carrying out other activities that promote the 

maintenance and revitalization of the Native American or 

Alaska Native language relevant to the grant program. 

(f) REPORT TO SECRETARY.—Each eligible entity that receives a 

grant under this section shall prepare and submit an annual report 

to the Secretary, which shall include— 

(1) the activities the entity carried out to meet the purposes of this section; and 

(2) the number of children served by the program and the 

number of instructional hours in the Native American or Alaska Native language. 

(g) ADMINISTRATIVE COSTS.—Not more than 5 percent of the 

funds provided to a grantee under this section for any fiscal year 

may be used for administrative purposes. 

Subpart 4—Federal Administration 

SEC. 6141. ø20 U.S.C. 7471¿ NATIONAL ADVISORY COUNCIL ON INDIAN 

EDUCATION. 

(a) MEMBERSHIP.—There is established a National Advisory 

Council on Indian Education (hereafter in this section referred to 

as the ‘‘Council’’), which shall— 

(1) consist of 15 Indian members, who shall be appointed 

by the President from lists of nominees furnished, from time 

to time, by Indian tribes and organizations; and 

(2) represent different geographic areas of the United 

States. 

(b) DUTIES.—The Council shall— 

(1) advise the Secretary and the Secretary of the Interior 

concerning the funding and administration (including the development of regulations and administrative policies and practices) of any program, including any program established 

under this part— 

(A) with respect to which the Secretary has jurisdiction; and 

(B)(i) that includes Indian children or adults as participants; or 

(ii) that may benefit Indian children or adults; 

(2) make recommendations to the Secretary for filling the 

position of Director of Indian Education whenever a vacancy 

occurs; and 


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(3) submit to Congress, not later than June 30 of each 

year, a report on the activities of the Council, including— 

(A) any recommendations that the Council considers 

appropriate for the improvement of Federal education programs that include Indian children or adults as participants, or that may benefit Indian children or adults; and 

(B) recommendations concerning the funding of any 

program described in subparagraph (A). 

SEC. 6142. ø20 U.S.C. 7472¿ PEER REVIEW. 

The Secretary may use a peer review process to review applications submitted to the Secretary under subpart 2 or subpart 3. 

SEC. 6143. ø20 U.S.C. 7473¿ PREFERENCE FOR INDIAN APPLICANTS. 

In making grants and entering into contracts or cooperative 

agreements under subpart 2 or subpart 3, the Secretary shall give 

a preference to Indian tribes, organizations, and institutions of 

higher education under any program with respect to which Indian 

tribes, organizations, and institutions are eligible to apply for 

grants, contracts, or cooperative agreements. 

SEC. 6144. ø20 U.S.C. 7474¿ MINIMUM GRANT CRITERIA. 

The Secretary may not approve an application for a grant, contract, or cooperative agreement under subpart 2 or subpart 3 unless the application is for a grant, contract, or cooperative agreement that is— 

(1) of sufficient size, scope, and quality to achieve the purpose or objectives of such grant, contract, or cooperative agreement; and 

(2) based on relevant research findings. 

Subpart 5—Definitions; Authorizations of 

Appropriations 

SEC. 6151. ø20 U.S.C. 7491¿ DEFINITIONS. 

For the purposes of this part: 

(1) ADULT.—The term ‘‘adult’’ means an individual who— 

(A) has attained the age of 16 years; or 

(B) has attained an age that is greater than the age 

of compulsory school attendance under an applicable State 

law. 

(2) FREE PUBLIC EDUCATION.—The term ‘‘free public education’’ means education that is— 

(A) provided at public expense, under public supervision and direction, and without tuition charge; and 

(B) provided as elementary or secondary education in 

the applicable State or to preschool children. 

(3) INDIAN.—The term ‘‘Indian’’ means an individual who 

is— 

(A) a member of an Indian tribe or band, as membership is defined by the tribe or band, including— 

(i) any tribe or band terminated since 1940; and 

(ii) any tribe or band recognized by the State in 

which the tribe or band resides; 


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(B) a descendant, in the first or second degree, of an 

individual described in subparagraph (A); 

(C) considered by the Secretary of the Interior to be an 

Indian for any purpose; 

(D) an Eskimo, Aleut, or other Alaska Native; or 

(E) a member of an organized Indian group that received a grant under the Indian Education Act of 1988 as 

in effect the day preceding the date of enactment of the 

Improving America’s Schools Act of 1994. 

(4) TRADITIONAL LEADERS.—The term ‘‘raditional leaders’’ 

has the meaning given the term in section 103 of the Native 

American Languages Act (25 U.S.C. 2902). 

SEC. 6152. ø20 U.S.C. 7492¿ AUTHORIZATIONS OF APPROPRIATIONS. 

(a) SUBPART 1.—For the purpose of carrying out subpart 1, 

there are authorized to be appropriated $100,381,000 for fiscal year 

2017, $102,388,620 for fiscal year 2018, $104,436,392 for fiscal year 

2019, and $106,525,120 for fiscal year 2020. 

(b) SUBPART 2.—For the purpose of carrying out subpart 2, 

there are authorized to be appropriated $17,993,000 for each of fiscal years 2017 through 2020. 

(c) SUBPART 3.—For the purpose of carrying out subpart 3, 

there are authorized to be appropriated $5,565,000 for each of fiscal years 2017 through 2020. 

PART B—NATIVE HAWAIIAN EDUCATION 

SEC. 6201. ø20 U.S.C. 7511¿ SHORT TITLE. 

This part may be cited as the ‘‘Native Hawaiian Education 

Act’’. 

SEC. 6202. ø20 U.S.C. 7512¿ FINDINGS. 

Congress finds the following: 

(1) Native Hawaiians are a distinct and unique indigenous 

people with a historical continuity to the original inhabitants 

of the Hawaiian archipelago, whose society was organized as a 

nation and internationally recognized as a nation by the 

United States, Britain, France, and Japan, as evidenced by 

treaties governing friendship, commerce, and navigation. 

(2) At the time of the arrival of the first nonindigenous 

people in Hawaii in 1778, the Native Hawaiian people lived in 

a highly organized, self-sufficient subsistence social system 

based on a communal land tenure system with a sophisticated 

language, culture, and religion. 

(3) A unified monarchal government of the Hawaiian Islands was established in 1810 under Kamehameha I, the first 

King of Hawaii. 

(4) From 1826 until 1893, the United States recognized the 

sovereignty and independence of the Kingdom of Hawaii, which 

was established in 1810 under Kamehameha I, extended full 

and complete diplomatic recognition to the Kingdom of Hawaii, 

and entered into treaties and conventions with the Kingdom of 

Hawaii to govern friendship, commerce and navigation in 1826, 

1842, 1849, 1875, and 1887. 


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(5) In 1893, the sovereign, independent, internationally 

recognized, and indigenous government of Hawaii, the Kingdom of Hawaii, was overthrown by a small group of non-Hawaiians, including United States citizens, who were assisted in 

their efforts by the United States Minister, a United States 

naval representative, and armed naval forces of the United 

States. Because of the participation of United States agents 

and citizens in the overthrow of the Kingdom of Hawaii, in 

1993 the United States apologized to Native Hawaiians for the 

overthrow and the deprivation of the rights of Native Hawaiians to self-determination through Public Law 103–150 (107 

Stat. 1510). 

(6) In 1898, the joint resolution entitled ‘‘Joint Resolution 

to provide for annexing the Hawaiian Islands to the United 

States’’, approved July 7, 1898 (30 Stat. 750), ceded absolute 

title of all lands held by the Republic of Hawaii, including the 

government and crown lands of the former Kingdom of Hawaii, 

to the United States, but mandated that revenue generated 

from the lands be used ‘‘solely for the benefit of the inhabitants 

of the Hawaiian Islands for educational and other public purposes’’. 

(7) By 1919, the Native Hawaiian population had declined 

from an estimated 1,000,000 in 1778 to an alarming 22,600, 

and in recognition of this severe decline, Congress enacted the 

Hawaiian Homes Commission Act, 1920 (42 Stat. 108), which 

designated approximately 200,000 acres of ceded public lands 

for homesteading by Native Hawaiians. 

(8) Through the enactment of the Hawaiian Homes Commission Act, 1920, Congress affirmed the special relationship 

between the United States and the Native Hawaiians, which 

was described by then Secretary of the Interior Franklin K. 

Lane, who said: ‘‘One thing that impressed me... was the fact 

that the natives of the island who are our wards, I should say, 

and for whom in a sense we are trustees, are falling off rapidly 

in numbers and many of them are in poverty.’’. 

(9) In 1938, Congress again acknowledged the unique status of the Hawaiian people by including in the Act of June 20, 

1938 (52 Stat. 781, chapter 530; 16 U.S.C. 391b, 391b–1, 392b, 

392c, 396, 396a), a provision to lease lands within the National 

Parks extension to Native Hawaiians and to permit fishing in 

the area ‘‘only by native Hawaiian residents of said area or of 

adjacent villages and by visitors under their guidance.’’. 

(10) Under the Act entitled ‘‘An Act to provide for the admission of the State of Hawaii into the Union’’, approved 

March 18, 1959 (73 Stat. 4), the United States transferred responsibility for the administration of the Hawaiian Home 

Lands to the State of Hawaii but reaffirmed the trust relationship between the United States and the Hawaiian people by 

retaining the exclusive power to enforce the trust, including 

the power to approve land exchanges and amendments to such 

Act affecting the rights of beneficiaries under such Act. 

(11) In 1959, under the Act entitled ‘‘An Act to provide for 

the admission of the State of Hawaii into the Union’’, the 

United States also ceded to the State of Hawaii title to the 


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public lands formerly held by the United States, but mandated 

that such lands be held by the State ‘‘in public trust’’ and reaffirmed the special relationship that existed between the 

United States and the Hawaiian people by retaining the legal 

responsibility to enforce the public trust responsibility of the 

State of Hawaii for the betterment of the conditions of Native 

Hawaiians, as defined in section 201(a) of the Hawaiian Homes 

Commission Act, 1920. 

(12) The United States has recognized and reaffirmed 

that— 

(A) Native Hawaiians have a cultural, historic, and 

land-based link to the indigenous people who exercised 

sovereignty over the Hawaiian Islands, and that group has 

never relinquished its claims to sovereignty or its sovereign lands; 

(B) Congress does not extend services to Native Hawaiians because of their race, but because of their unique 

status as the indigenous people of a once sovereign nation 

as to whom the United States has established a trust relationship; 

(C) Congress has also delegated broad authority to administer a portion of the Federal trust responsibility to the 

State of Hawaii; 

(D) the political status of Native Hawaiians is comparable to that of American Indians and Alaska Natives; 

and 

(E) the aboriginal, indigenous people of the United 

States have— 

(i) a continuing right to autonomy in their internal affairs; and 

(ii) an ongoing right of self-determination and selfgovernance that has never been extinguished. 

(13) The political relationship between the United States 

and the Native Hawaiian people has been recognized and reaffirmed by the United States, as evidenced by the inclusion of 

Native Hawaiians in— 

(A) the Native American Programs Act of 1974 (42 

U.S.C. 2991 et seq.); 

(B) the American Indian Religious Freedom Act (42 

U.S.C. 1996); 

(C) the National Museum of the American Indian Act 

(20 U.S.C. 80q et seq.); 

(D) the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.); 

(E) division A of subtitle III of title 54, United States 

Code; 

(F) the Native American Languages Act (25 U.S.C. 

2901 et seq.); 

(G) the American Indian, Alaska Native, and Native 

Hawaiian Culture and Art Development Act (20 U.S.C. 

4401 et seq.); 

(H) the Workforce Innovation and Opportunity Act; 

and 


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(I) the Older Americans Act of 1965 (42 U.S.C. 3001 

et seq.). 

SEC. 6203. ø20 U.S.C. 7513¿ PURPOSES. 

The purposes of this part are to— 

(1) authorize and develop innovative educational programs 

to assist Native Hawaiians; 

(2) provide direction and guidance to appropriate Federal, 

State, and local agencies to focus resources, including resources 

made available under this part, on Native Hawaiian education, 

and to provide periodic assessment and data collection; 

(3) supplement and expand programs and authorities in 

the area of education to further the purposes of this title; and 

(4) encourage the maximum participation of Native Hawaiians in planning and management of Native Hawaiian education programs. 

SEC. 6204. ø20 U.S.C. 7514¿ NATIVE HAWAIIAN EDUCATION COUNCIL. 

(a) GRANT AUTHORIZED.—In order to better effectuate the purposes of this part through the coordination of educational and related services and programs available to Native Hawaiians, including those programs that receive funding under this part, the Secretary shall award a grant to the education council described under 

subsection (b). 

(b) EDUCATION COUNCIL.— (1) ELIGIBILITY.—To be eligible to receive the grant under 

subsection (a), the council shall be an education council (referred to in this section as the ‘‘Education Council’’) that meets 

the requirements of this subsection. 

(2) COMPOSITION.—The Education Council shall consist of 

15 members, of whom— 

(A) 1 shall be the President of the University of Hawaii (or a designee); 

(B) 1 shall be the Governor of the State of Hawaii (or 

a designee); 

(C) 1 shall be the Superintendent of the State of Hawaii Department of Education (or a designee); 

(D) 1 shall be the chairperson of the Office of Hawaiian Affairs (or a designee); 

(E) 1 shall be the executive director of Hawaii’s Charter School Network (or a designee); 

(F) 1 shall be the chief executive officer of the Kamehameha Schools (or a designee); 

(G) 1 shall be the Chief Executive Officer of the Queen 

Liliuokalani Trust (or a designee); 

(H) 1 shall be appointed by the Secretary, in a timely 

manner, and chosen from a list of 5 individuals who represent one or more private grant-making entities that is 

submitted to the Secretary by the Education Council; 

(I) 1 shall be the Mayor of the County of Hawaii (or 

a designee); 

(J) 1 shall be the Mayor of Maui County (or a designee 

from the Island of Maui); 

(K) 1 shall be the Mayor of the County of Kauai (or 

a designee); 


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(L) 1 shall be appointed by the Secretary, in a timely 

manner, and chosen from a list of 5 individuals who are 

from the Island of Molokai or the Island of Lanai that is 

submitted to the Secretary by the Mayor of Maui County; 

(M) 1 shall be the Mayor of the City and County of 

Honolulu (or a designee); 

(N) 1 shall be the chairperson of the Hawaiian Homes 

Commission (or a designee); and 

(O) 1 shall be the chairperson of the Hawaii Workforce 

Development Council (or a designee representing the private sector). 

(3) REQUIREMENTS.—Any designee serving on the Education Council shall demonstrate, as determined by the individual who appointed such designee with input from the Native Hawaiian community, not less than 5 years of experience 

as a consumer or provider of Native Hawaiian educational or 

cultural activities, with traditional cultural experience given 

due consideration. 

(4) LIMITATION.—A member (including a designee), while 

serving on the Education Council, shall not be a direct recipient or administrator of grant funds that are awarded under 

this part. 

(5) TERM OF MEMBERS.—A member who is a designee shall 

serve for a term of not more than 4 years. 

(6) CHAIR; VICE CHAIR.— 

(A) SELECTION.—The Education Council shall select a 

Chairperson and a Vice Chairperson from among the members of the Education Council. 

(B) TERM LIMITS.—The Chairperson and Vice Chairperson shall each serve for a 2-year term. 

(7) ADMINISTRATIVE PROVISIONS RELATING TO EDUCATION

COUNCIL.—The Education Council shall meet at the call of the 

Chairperson of the Council, or upon request by a majority of 

the members of the Education Council, but in any event not 

less often than every 120 days. 

(8) NO COMPENSATION.—None of the funds made available 

through the grant may be used to provide compensation to any 

member of the Education Council or member of a working 

group established by the Education Council, for functions described in this section. 

(c) USE OF FUNDS FOR COORDINATION ACTIVITIES.—The Education Council shall use funds made available through a grant 

under subsection (a) to carry out each of the following activities: 

(1) Providing advice about the coordination of, and serving 

as a clearinghouse for, the educational and related services and 

programs available to Native Hawaiians, including the programs assisted under this part. 

(2) Assessing the extent to which such services and programs meet the needs of Native Hawaiians, and collecting data 

on the status of Native Hawaiian education. 

(3) Providing direction and guidance, through the issuance 

of reports and recommendations, to appropriate Federal, State, 

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lating to Native Hawaiian education, and serving, where appropriate, in an advisory capacity. 

(4) Awarding grants, if such grants enable the Education 

Council to carry out the activities described in paragraphs (1) 

through (3). 

(5) Hiring an executive director, who shall assist in executing the duties and powers of the Education Council, as described in subsection (d). 

(d) USE OF FUNDS FOR TECHNICAL ASSISTANCE.—The Education Council shall use funds made available through a grant 

under subsection (a) to— 

(1) provide technical assistance to Native Hawaiian organizations that are grantees or potential grantees under this part; 

(2) obtain from such grantees information and data regarding grants awarded under this part, including information and 

data about— 

(A) the effectiveness of such grantees in meeting the 

educational priorities established by the Education Council, as described in paragraph (6)(D), using metrics related 

to these priorities; and 

(B) the effectiveness of such grantees in carrying out 

any of the activities described in paragraph (3) of section 

6205(a) that are related to the specific goals and purposes 

of each grantee’s grant project, using metrics related to 

these goals and purposes; 

(3) assess and define the educational needs of Native Hawaiians; 

(4) assess the programs and services available to address 

the educational needs of Native Hawaiians; 

(5) assess and evaluate the individual and aggregate impact achieved by grantees under this part in improving Native 

Hawaiian educational performance and meeting the goals of 

this part, using metrics related to these goals; and 

(6) prepare and submit to the Secretary, at the end of each 

calendar year, an annual report that contains— 

(A) a description of the activities of the Education 

Council during the calendar year; 

(B) a description of significant barriers to achieving 

the goals of this part; 

(C) a summary of each community consultation session 

described in subsection (e); and 

(D) recommendations to establish priorities for funding 

under this part, based on an assessment of— 

(i) the educational needs of Native Hawaiians; 

(ii) programs and services available to address 

such needs; 

(iii) the effectiveness of programs in improving the 

educational performance of Native Hawaiian students 

to help such students meet challenging State academic 

standards under section 1111(b)(1); and 

(iv) priorities for funding in specific geographic 

communities. 

(e) USE OF FUNDS FOR COMMUNITY CONSULTATIONS.—The Education Council shall use funds made available through the grant 


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under subsection (a) to hold not less than 1 community consultation each year on each of the islands of Hawaii, Maui, Molokai, 

Lanai, Oahu, and Kauai, at which— 

(1) not fewer than 3 members of the Education Council 

shall be in attendance; 

(2) the Education Council shall gather community input 

regarding— 

(A) current grantees under this part, as of the date of 

the consultation; 

(B) priorities and needs of Native Hawaiians; and 

(C) other Native Hawaiian education issues; and 

(3) the Education Council shall report to the community on 

the outcomes of the activities supported by grants awarded 

under this part. 

(f) FUNDING.—For each fiscal year, the Secretary shall use the 

amount described in section 6205(c)(2), to make a payment under 

the grant. Funds made available through the grant shall remain 

available until expended. 

SEC. 6205. ø20 U.S.C. 7515¿ PROGRAM AUTHORIZED. 

(a) GENERAL AUTHORITY.— 

(1) GRANTS AND CONTRACTS.—The Secretary is authorized 

to make direct grants to, or enter into contracts with— 

(A) Native Hawaiian educational organizations; 

(B) Native Hawaiian community-based organizations; 

(C) public and private nonprofit organizations, agencies, and institutions with experience in developing or operating Native Hawaiian programs or programs of instruction in the Native Hawaiian language; 

(D) charter schools; and 

(E) consortia of the organizations, agencies, and institutions described in subparagraphs (A) through (C), 

to carry out programs that meet the purposes of this part. 

(2) PRIORITIES.—In awarding grants or contracts to carry 

out activities described in paragraph (3), the Secretary shall 

give priority to entities proposing projects that are designed to 

address— 

(A) beginning reading and literacy among students in 

kindergarten through third grade; 

(B) the needs of at-risk children and youth; 

(C) needs in fields or disciplines in which Native Hawaiians are underemployed; and 

(D) the use of the Hawaiian language in instruction. 

(3) AUTHORIZED ACTIVITIES.—Activities provided through 

programs carried out under this part may include— 

(A) the development and maintenance of a statewide 

Native Hawaiian early education and care system to provide a continuum of services for Native Hawaiian children 

from the prenatal period of the children through age 5; 

(B) the operation of family-based education centers 

that provide such services as— 

(i) programs for Native Hawaiian parents and 

their infants from the prenatal period of the infants 

through age 3; 


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(ii) preschool programs for Native Hawaiians; and 

(iii) research on, and development and assessment 

of, family-based, early childhood, and preschool programs for Native Hawaiians; 

(C) activities that enhance beginning reading and literacy in either the Hawaiian or the English language 

among Native Hawaiian students in kindergarten through 

grade 3 and assistance in addressing the distinct features 

of combined English and Hawaiian literacy for Hawaiian 

speakers in grades 5 and 6; 

(D) activities to meet the special needs of Native Hawaiian students with disabilities, including— 

(i) the identification of such students and their 

needs; 

(ii) the provision of support services to the families of such students; and 

(iii) other activities consistent with the requirements of the Individuals with Disabilities Education 

Act; 

(E) activities that address the special needs of Native 

Hawaiian students who are gifted and talented, including— 

(i) educational, psychological, and developmental 

activities designed to assist in the educational 

progress of those students; and 

(ii) activities that involve the parents of those students in a manner designed to assist in the educational progress of such students; 

(F) the development of academic and vocational curricula to address the needs of Native Hawaiian children 

and adults, including curriculum materials in the Hawaiian language and mathematics and science curricula that 

incorporate Native Hawaiian tradition and culture; 

(G) professional development activities for educators, 

including— 

(i) the development of programs to prepare prospective teachers to address the unique needs of Native Hawaiian students within the context of Native 

Hawaiian culture, language, and traditions; 

(ii) in-service programs to improve the ability of 

teachers who teach in schools with high concentrations 

of Native Hawaiian students to meet the unique needs 

of such students; and 

(iii) the recruitment and preparation of Native 

Hawaiians, and other individuals who live in communities with a high concentration of Native Hawaiians, 

to become teachers; 

(H) the operation of community-based learning centers 

that address the needs of Native Hawaiian students, parents, families, and communities through the coordination 

of public and private programs and services, including— 

(i) early childhood education programs; 

(ii) before, after, and summer school programs, expanded learning time, or weekend academies; 


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(iii) career and technical education programs; and 

(iv) programs that recognize and support the 

unique cultural and educational needs of Native Hawaiian children, and incorporate appropriately qualified Native Hawaiian elders and seniors; 

(I) activities, including program co-location, to enable 

Native Hawaiians to enter and complete programs of postsecondary education, including— 

(i) family literacy services; and 

(ii) counseling, guidance, and support services for 

students; 

(J) research and data collection activities to determine 

the educational status and needs of Native Hawaiian children and adults; 

(K) other research and evaluation activities related to 

programs carried out under this part; and 

(L) other activities, consistent with the purposes of 

this part, to meet the educational needs of Native Hawaiian children and adults. 

(b) ADMINISTRATIVE COSTS.—Not more than 5 percent of funds 

provided to a recipient of a grant or contract under subsection (a) 

for any fiscal year may be used for administrative purposes. 

(c) AUTHORIZATION OF APPROPRIATIONS.— 

(1) IN GENERAL.—There are authorized to be appropriated 

to carry out this section and section 6204 $32,397,000 for each 

of fiscal years 2017 through 2020. 

(2) RESERVATION.—Of the funds appropriated under this 

subsection, the Secretary shall reserve $500,000 for each of fiscal years 2017 through 2020 to make a direct grant to the Education Council to carry out section 6204. 

(3) AVAILABILITY.—Funds appropriated under this subsection shall remain available until expended. 

SEC. 6206. ø20 U.S.C. 7516¿ ADMINISTRATIVE PROVISIONS. 

(a) APPLICATION REQUIRED.—No grant may be made under this 

part, and no contract may be entered into under this part, unless 

the entity seeking the grant or contract submits an application to 

the Secretary at such time, in such manner, and containing such 

information as the Secretary may determine to be necessary to 

carry out the provisions of this part. 

(b) SPECIAL RULE.—Each applicant for a grant or contract 

under this part shall submit the application for comment to the 

local educational agency serving students who will participate in 

the program to be carried out under the grant or contract, and include those comments, if any, with the application to the Secretary. 

SEC. 6207. ø20 U.S.C. 7517¿ DEFINITIONS. 

In this part: 

(1) COMMUNITY CONSULTATION.—The term ‘‘community 

consultation’’ means a public gathering— 

(A) to discuss Native Hawaiian education concerns; 

and 

(B) about which the public has been given not less 

than 30 days notice. 


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(2) NATIVE HAWAIIAN.—The term ‘‘Native Hawaiian’’ 

means any individual who is— 

(A) a citizen of the United States; and 

(B) a descendant of the aboriginal people who, prior to 

1778, occupied and exercised sovereignty in the area that 

now comprises the State of Hawaii, as evidenced by— 

(i) genealogical records; 

(ii) Kupuna (elders) or Kamaaina (long-term community residents) verification; or 

(iii) certified birth records. 

(3) NATIVE HAWAIIAN COMMUNITY-BASED ORGANIZATION.— The term ‘‘Native Hawaiian community-based organization’’ 

means any organization that is composed primarily of Native 

Hawaiians from a specific community and that assists in the 

social, cultural, and educational development of Native Hawaiians in that community. 

(4) NATIVE HAWAIIAN EDUCATIONAL ORGANIZATION.—The 

term ‘‘Native Hawaiian educational organization’’ means a private nonprofit organization that— 

(A) serves the interests of Native Hawaiians; 

(B) has Native Hawaiians in substantive and policymaking positions within the organization; 

(C) incorporates Native Hawaiian perspective, values, 

language, culture, and traditions into the core function of 

the organization; 

(D) has demonstrated expertise in the education of Native Hawaiian youth; and 

(E) has demonstrated expertise in research and program development. 

(5) NATIVE HAWAIIAN LANGUAGE.—The term ‘‘Native Hawaiian language’’ means the single Native American language 

indigenous to the original inhabitants of the State of Hawaii. 

(6) NATIVE HAWAIIAN ORGANIZATION.—The term ‘‘Native 

Hawaiian organization’’ means a private nonprofit organization 

that— 

(A) serves the interests of Native Hawaiians; 

(B) has Native Hawaiians in substantive and policymaking positions within the organization; and 

(C) is recognized by the Governor of Hawaii for the 

purpose of planning, conducting, or administering programs (or portions of programs) for the benefit of Native 

Hawaiians. 

(7) OFFICE OF HAWAIIAN AFFAIRS.—The term ‘‘Office of Hawaiian Affairs’’ means the Office of Hawaiian Affairs established by the Constitution of the State of Hawaii. 

PART C—ALASKA NATIVE EDUCATION 

SEC. 6301. ø20 U.S.C. 7541¿ SHORT TITLE. 

This part may be cited as the ‘‘Alaska Native Educational Equity, Support, and Assistance Act’’. 

SEC. 6302. ø20 U.S.C. 7542¿ FINDINGS. 

Congress finds and declares the following: 


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(1) It is the policy of the Federal Government to maximize 

the leadership of and participation by Alaska Natives in the 

planning and the management of Alaska Native education programs and to support efforts developed by and undertaken 

within the Alaska Native community to improve educational 

opportunity for all students. 

(2) Many Alaska Native children enter and exit school 

with serious educational disadvantages. 

(3) Overcoming the magnitude of the geographic challenges, historical inequities, and other barriers to successfully 

improving educational outcomes for Alaska Native students in 

rural, village, and urban settings is challenging. Significant 

disparities between academic achievement of Alaska Native 

students and non-Native students continue, including lower 

graduation rates, increased school dropout rates, and lower 

achievement scores on standardized tests. 

(4) The preservation of Alaska Native cultures and languages and the integration of Alaska Native cultures and languages into education, positive identity development for Alaska 

Native students, and local, place-based, and culture-based programming are critical to the attainment of educational success 

and the long-term well-being of Alaska Native students. 

(5) Improving educational outcomes for Alaska Native students increases access to employment opportunities. 

(6) The Federal Government should lend support to efforts 

developed by and undertaken within the Alaska Native community to improve educational opportunity for Alaska Native 

students. In 1983, pursuant to Public Law 98–63, Alaska 

ceased to receive educational funding from the Bureau of Indian Affairs. The Bureau of Indian Education does not operate 

any schools in Alaska, nor operate or fund Alaska Native education programs. The program under this part supports the 

Federal trust responsibility of the United States to Alaska Natives. 

SEC. 6303. ø20 U.S.C. 7543¿ PURPOSES. 

The purposes of this part are as follows: 

(1) To recognize and address the unique educational needs 

of Alaska Natives. 

(2) To recognize the role of Alaska Native languages and 

cultures in the educational success and long-term well-being of 

Alaska Native students. 

(3) To integrate Alaska Native cultures and languages into 

education, develop Alaska Native students’ positive identity, 

and support local place-based and culture-based curriculum 

and programming. 

(4) To authorize the development, management, and expansion of effective supplemental educational programs to benefit Alaska Natives. 

(5) To provide direction and guidance to appropriate Federal, State and local agencies to focus resources, including resources made available under this part, on meeting the educational needs of Alaska Natives. 


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(6) To ensure the maximum participation by Alaska Native 

educators and leaders in the planning, development, implementation, management, and evaluation of programs designed 

to serve Alaska Native students. 

SEC. 6304. ø20 U.S.C. 7544¿ PROGRAM AUTHORIZED. 

(a) GENERAL AUTHORITY.— 

(1) GRANTS AND CONTRACTS.—The Secretary is authorized 

to make grants to, or enter into contracts with— 

(A) Alaska Native organizations with experience operating programs that fulfill the purposes of this part; 

(B) Alaska Native organizations that do not have the 

experience described in subparagraph (A) but are in partnership with— 

(i) a State educational agency or a local educational agency; or 

(ii) an Alaska Native organization that operates a 

program that fulfills the purposes of this part; 

(C) an entity located in Alaska, and predominately 

governed by Alaska Natives, that does not meet the definition of an Alaska Native organization under this part 

but— 

(i) has experience operating programs that fulfill 

the purposes of this part; and 

(ii) is granted an official charter or sanction, as 

described in the definition of a tribal organization 

under section 4 of the Indian Self-Determination and 

Education Assistance Act (25 U.S.C. 450b), from at 

least one Alaska Native tribe or Alaska Native organization to carry out programs that meet the purposes 

of this part. 

(2) MANDATORY ACTIVITIES.—Activities provided through 

the programs carried out under this part shall include the following: 

(A) The development and implementation of plans, 

methods, strategies, and activities to improve the educational outcomes of Alaska Natives. 

(B) The collection of data to assist in the evaluation of 

the programs carried out under this part. 

(3) PERMISSIBLE ACTIVITIES.—Activities provided through 

programs carried out under this part may include the following: 

(A) The development of curricula and programs that 

address the educational needs of Alaska Native students, 

including the following: 

(i) Curriculum materials that are culturally informed and reflect the cultural diversity, languages, 

history, or the contributions of Alaska Native people, 

including curricula intended to preserve and promote 

Alaska Native culture. 

(ii) Instructional programs that make use of Alaska Native languages and cultures. 

(iii) Networks that develop, test, and disseminate 

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terials, and techniques to meet the educational needs 

of Alaska Native students in urban and rural schools. 

(B) Training and professional development activities 

for educators, including the following: 

(i) Pre-service and in-service training and professional development programs to prepare teachers to 

develop appreciation for, and understanding of, Alaska 

Native history, cultures, values, and ways of knowing 

and learning in order to effectively address the cultural diversity and unique needs of Alaska Native students and improve the teaching methods of educators. 

(ii) Recruitment and preparation of Alaska Native 

teachers. 

(iii) Programs that will lead to the certification 

and licensing of Alaska Native teachers, principals, 

other school leaders, and superintendents. 

(C) Early childhood and parenting education activities 

designed to improve the school readiness of Alaska Native 

children, including— 

(i) the development and operation of home visiting 

programs for Alaska Native preschool children, to ensure the active involvement of parents in their children’s education from the earliest ages; 

(ii) training, education, and support, including inhome visitation, for parents and caregivers of Alaska 

Native children to improve parenting and caregiving 

skills (including skills relating to discipline and cognitive development, reading readiness, observation, 

storytelling, and critical thinking); 

(iii) family literacy services; 

(iv) activities carried out under the Head Start 

Act (42 U.S.C. 9831 et seq.); 

(v) programs for parents and their infants, from 

the prenatal period of the infant through age 3; 

(vi) early childhood education programs; and 

(vii) native language immersion within early 

childhood education programs, Head Start, or preschool programs. 

(D) The development and operation of student enrichment programs, including programs in science, technology, 

engineering, and mathematics that— 

(i) are designed to prepare Alaska Native students 

to excel in such subjects; 

(ii) provide appropriate support services to enable 

such students to benefit from the programs; and 

(iii) include activities that recognize and support 

the unique cultural and educational needs of Alaska 

Native children and incorporate appropriately qualified Alaska Native elders and other tradition bearers. 

(E) Research and data collection activities to determine the educational status and needs of Alaska Native 

children and adults and other such research and evaluation activities related to programs funded under this part. 


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(F) Activities designed to enable Alaska Native students served under this part to meet the challenging State 

academic standards or increase the graduation rates of 

Alaska Native students, such as— 

(i) remedial and enrichment programs; 

(ii) culturally based education programs, such as— 

(I) programs of study and other instruction in 

Alaska Native history and ways of living to share 

the rich and diverse cultures of Alaska Natives 

among Alaska Native youth and elders, non-Native students and teachers, and the larger community; 

(II) instructing Alaska Native youth in leadership, communication, and Alaska Native culture, 

arts, history, and languages; 

(III) intergenerational learning and internship 

opportunities to Alaska Native youth and young 

adults; 

(IV) providing cultural immersion activities 

aimed at Alaska Native cultural preservation; 

(V) native language instruction and immersion activities, including native language immersion nests or schools; 

(VI) school-within-a-school model programs; 

and 

(VII) preparation for postsecondary education 

and career planning; and 

(iii) comprehensive school or community-based 

support services, including services that— 

(I) address family instability and trauma; and 

(II) improve conditions for learning at home, 

in the community, and at school. 

(G) Student and teacher exchange programs, cross-cultural immersion programs, and culture camps designed to 

build mutual respect and understanding among participants. 

(H) Education programs for at-risk urban Alaska Native students that are designed to improve academic proficiency and graduation rates, use strategies otherwise permissible under this part, and incorporate a strong data collection and continuous evaluation component. 

(I) Strategies designed to increase the involvement of 

parents in their children’s education. 

(J) Programs and strategies that increase connections 

between and among schools, families, and communities, including positive youth-adult relationships, to— 

(i) promote the academic progress and positive development of Alaska Native children and youth; and 

(ii) improve conditions for learning at home, in the 

community, and at school. 

(K) Career preparation activities to enable Alaska Native children and adults to prepare for meaningful employment, including programs providing tech-prep, mentoring, 

training, and apprenticeship activities. 


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(L) Support for the development and operational activities of regional vocational schools in rural areas of 

Alaska to provide students with necessary resources to 

prepare for skilled employment opportunities. 

(M) Regional leadership academies that demonstrate 

effectiveness in building respect and understanding, and 

fostering a sense of Alaska Native identity in Alaska Native students to promote their pursuit of and success in 

completing higher education or career training. 

(N) Other activities, consistent with the purposes of 

this part, to meet the educational needs of Alaska Native 

children and adults. 

(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to carry out this section $31,453,000 for each of 

fiscal years 2017 through 2020. 

SEC. 6305. ø20 U.S.C. ???¿ ADMINISTRATIVE PROVISIONS. 

Not more than 5 percent of funds provided to an award recipient under this part for any fiscal year may be used for administrative purposes. 

SEC. 6306. ø20 U.S.C. 7546¿ DEFINITIONS. 

In this part: 

(1) ALASKA NATIVE.—The term ‘‘Alaska Native’’ has the 

same meaning as the term ‘‘Native’’ has in section 3(b) of the 

Alaska Native Claims Settlement Act (43 U.S.C. 1602(b)) and 

includes the descendants of individuals so defined. 

(2) ALASKA NATIVE ORGANIZATION.—The term ‘‘Alaska Native organization’’ means an organization that has or commits 

to acquire expertise in the education of Alaska Natives and 

is— 

(A) an Indian tribe, as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 

U.S.C. 450b), that is an Indian tribe located in Alaska; 

(B) a ‘‘tribal organization’’, as defined in section 4 of 

such Act (25 U.S.C. 450b), that is a tribal organization located in Alaska; or 

(C) an organization listed in clauses (i) through (xii) of 

section 419(4)(B) of the Social Security Act (42 U.S.C. 

619(4)(B)(i) through (xii)), or the successor of an entity so 

listed. 

TITLE VII—IMPACT AID 

SEC. 7001. ø20 U.S.C. 7701¿ PURPOSE. 

In order to fulfill the Federal responsibility to assist with the 

provision of educational services to federally connected children in 

a manner that promotes control by local educational agencies with 

little or no Federal or State involvement, because certain activities 

of the Federal Government, such as activities to fulfill the responsibilities of the Federal Government with respect to Indian tribes 

and activities under section 511 of the Servicemembers Civil Relief 

Act, place a financial burden on the local educational agencies serving areas where such activities are carried out, and to help such 


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children meet the same challenging State academic standards, it is 

the purpose of this title to provide financial assistance to local educational agencies that— 

(1) experience a substantial and continuing financial burden due to the acquisition of real property by the United 

States; 

(2) educate children who reside on Federal property and 

whose parents are employed on Federal property; 

(3) educate children of parents who are in the military 

services and children who live in low-rent housing; 

(4) educate heavy concentrations of children whose parents 

are civilian employees of the Federal Government and do not 

reside on Federal property; or 

(5) need special assistance with capital expenditures for 

construction activities because of the enrollments of substantial numbers of children who reside on Federal lands and because of the difficulty of raising local revenue through bond 

referendums for capital projects due to the inability to tax Federal property. 

SEC. 7002. ø20 U.S.C. 7702¿ PAYMENTS RELATING TO FEDERAL ACQUISITION OF REAL PROPERTY. 

(a) IN GENERAL.—Where the Secretary, after consultation with 

any local educational agency and with the appropriate State educational agency, determines— 

(1) that the United States owns Federal property in the 

local educational agency, and that such property— 

(A) has been acquired by the United States since 1938; 

(B) was not acquired by exchange for other Federal 

property in the local educational agency which the United 

States owned before 1939; and 

(C) had an assessed value according to original records 

(including facsimiles or other reproductions of those 

records) documenting the assessed value of such property 

(determined as of the time or times when so acquired) prepared by the local officials referred to in subsection (b)(3) 

or, when such original records are not available due to unintentional destruction (such as natural disaster, fire, 

flooding, pest infestation, or deterioration due to age), 

other records, including Federal agency records, local historical records, or other records that the Secretary determines to be appropriate and reliable, aggregating 10 percent or more of the assessed value of— 

(2) that such agency is not being substantially compensated for the loss in revenue resulting from such ownership 

by increases in revenue accruing to the agency from the conduct of Federal activities with respect to such Federal property, 

then such agency shall be eligible to receive the amount described 

in subsection (b) or (h). 

(b) AMOUNT.— 

(1) IN GENERAL.—(A)(i)(I) Subject to subclauses (II) and 

(III), the amount that a local educational agency shall be paid 

under subsection (a) for a fiscal year shall be calculated in accordance with paragraph (2). 


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(II) Except as provided in subclause (III), the Secretary 

may not reduce the amount of a payment under this section to 

a local educational agency for a fiscal year by (aa) the amount 

equal to the amount of revenue, if any, the agency received 

during the previous fiscal year from activities conducted on 

Federal property eligible under this section and located in a 

school district served by the agency, including amounts received from any Federal department or agency (other than the 

Department of Education) from such activities, by reason of receipt of such revenue, or (bb) any other amount by reason of 

receipt of such revenue. 

(III) If the amount equal to the sum of (aa) the proposed 

payment under this section to a local educational agency for a 

fiscal year and (bb) the amount of revenue described in subclause (II)(aa) received by the agency during the previous fiscal 

year, exceeds the maximum amount the agency is eligible to 

receive under this section for the fiscal year involved, then the 

Secretary shall reduce the amount of the proposed payment 

under this section by an amount equal to such excess amount. 

(ii) For purposes of clause (i), the amount of revenue that 

a local educational agency receives during the previous fiscal 

year from activities conducted on Federal property shall not include payments received by the agency from the Secretary of 

Defense to support— 

(I) the operation of a domestic dependent elementary 

or secondary school; or 

(II) the provision of a free public education to dependents of members of the Armed Forces residing on or near 

a military installation. 

(B) If funds appropriated under section 7014(a) are insufficient to pay the amount determined under subparagraph (A), 

the Secretary shall calculate the payment for each eligible local 

educational agency in accordance with subsection (h). 

(C) Notwithstanding any other provision of this subsection, 

a local educational agency may not be paid an amount under 

this section that, when added to the amount such agency receives under section 7003(b), exceeds the maximum amount 

that such agency is eligible to receive for such fiscal year under 

section 7003(b)(1)(C), or the maximum amount that such agency is eligible to receive for such fiscal year under this section, 

whichever is greater. 

(2) APPLICATION OF CURRENT LEVIED REAL PROPERTY TAX

RATE.—In calculating the amount that a local educational 

agency is eligible to receive for a fiscal year, the Secretary 

shall apply the current levied real property tax rate for current 

expenditures levied by fiscally independent local educational 

agencies, or imputed for fiscally dependent local educational 

agencies, to the current annually determined estimated taxable 

value of such acquired Federal property. 

(3) DETERMINATION OF TAXABLE VALUE FOR ELIGIBLE FEDERAL PROPERTY.— 

(A) IN GENERAL.—In determining the estimated taxable value of such acquired Federal property for fiscal year 

2010 and each succeeding fiscal year, the Secretary shall— 


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(i) first determine the total taxable value for the 

purpose of levying property tax for school purposes for 

current expenditures of real property located within 

the boundaries of such local educational agency; 

(ii) then determine the per acre value of the eligible Federal property by dividing the total taxable 

value as determined in clause (i) by the difference between the total acres located within the boundaries of 

the local educational agency and the number of Federal acres eligible under this section; and 

(iii) then determine the total taxable value of the 

eligible Federal property by multiplying the per acre 

value as calculated under clause (ii) by the number of 

Federal acres eligible under this section. 

(B) SPECIAL RULE.—In the case of Federal property eligible under this section that is within the boundaries of 2 

or more local educational agencies that are eligible under 

this section, any of such agencies may ask the Secretary 

to calculate (and the Secretary shall calculate) the taxable 

value of the eligible Federal property that is within its 

boundaries by— 

(i) first calculating the per-acre value of the eligible Federal property separately for each eligible local 

educational agency that shared the Federal property, 

as provided in subparagraph (A)(ii); 

(ii) then averaging the resulting per-acre values of 

the eligible Federal property from each eligible local 

educational agency that shares the Federal property; 

and 

(iii) then applying the average per-acre value to 

determine the total taxable value of the eligible Federal property under subparagraph (A)(iii) for the requesting local educational agency. 

(c) APPLICABILITY TO TENNESSEE VALLEY AUTHORITY ACT.—For 

the purpose of this section, any real property with respect to which 

payments are being made under section 13 of the Tennessee Valley 

Authority Act of 1933 shall not be regarded as Federal property. 

(d) OWNERSHIP BY UNITED STATES.—The United States shall 

be deemed to own Federal property for the purposes of this Act, 

where— 

(1) prior to the transfer of Federal property, the United 

States owned Federal property meeting the requirements of 

subparagraphs (A), (B), and (C) of subsection (a)(1); and 

(2) the United States transfers a portion of the property 

referred to in paragraph (1) to another nontaxable entity, and 

the United States— 

(A) restricts some or any construction on such property; 

(B) requires that the property be used in perpetuity 

for the public purposes for which the property was conveyed; 

(C) requires the grantee of the property to report to 

the Federal Government (or its agent) regarding information on the use of the property; 


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(D) except with the approval of the Federal Government (or its agent), prohibits the sale, lease, assignment, 

or other disposal of the property unless such sale, lease, 

assignment, or other disposal is to another eligible government agency; and 

(E) reserves to the Federal Government a right of reversion at any time the Federal Government (or its agent) 

deems it necessary for the national defense. 

(e) LOCAL EDUCATIONAL AGENCY CONTAINING FOREST SERVICE

LAND AND SERVING CERTAIN COUNTIES.—Beginning with fiscal year 

1995, a local educational agency shall be deemed to meet the requirements of subsection (a)(1)(C) if such local educational agency 

meets the following requirements: 

(1) ACREAGE AND ACQUISITION BY THE FOREST SERVICE.— The local educational agency serves a school district that contains between 20,000 and 60,000 acres of land that has been 

acquired by the Forest Service of the Department of Agriculture between 1915 and 1990, as demonstrated by written 

evidence from the Forest Service satisfactory to the Secretary. 

(2) COUNTY CHARTER.—The local educational agency serves 

a county chartered under State law in 1875 or 1890. For each 

fiscal year beginning on or after the date of enactment of the 

Every Student Succeeds Act, the Secretary shall treat local 

educational agencies chartered in 1871 having more than 70 

percent of the county in Federal ownership as meeting the eligibility requirements of subparagraphs (A) and (C) of subsection (a)(1). 

(f) SPECIAL RULE.—For each fiscal year beginning on or after 

the date of enactment of the Every Student Succeeds Act, a local 

educational agency shall be deemed to meet the requirements of 

subsection (a)(1)(C) if the agency was eligible under paragraph (1) 

or (3) of section 7002(f) as such section was in effect on the day before the date of enactment of the Every Student Succeeds Act. 

(g) FORMER DISTRICTS.— 

(1) CONSOLIDATIONS.—For fiscal year 2006 and each succeeding fiscal year, if a local educational agency described in 

paragraph (2) is formed at any time after 1938 by the consolidation of 2 or more former school districts, the local educational agency may elect to have the Secretary determine its 

eligibility for assistance under this section for any fiscal year 

on the basis of 1 or more of those former districts, as designated by the local educational agency. 

(2) ELIGIBLE LOCAL EDUCATIONAL AGENCIES.—A local educational agency referred to in paragraph (1) is— 

(A) any local educational agency that, for fiscal year 

1994 or any preceding fiscal year, applied, and was determined to be eligible under, section 2(c) of the Act of September 30, 1950 (Public Law 874, 81st Congress) as that 

section was in effect for that fiscal year; or 

(B) a local educational agency— 

(i) that was formed by the consolidation of 2 or 

more districts, at least 1 of which was eligible for assistance under this section for the fiscal year preceding the year of the consolidation; and 


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(ii) which includes the designation referred to in 

paragraph (1) in its application under section 7005 for 

a fiscal year beginning on or after the date of enactment of the Every Student Succeeds Act or any timely 

amendment to such application. 

(3) AMOUNT.—A local educational agency eligible under 

paragraph (1) shall receive a foundation payment as provided 

for under subparagraphs (A) and (B) of subsection (h)(1), except that the foundation payment shall be calculated based on 

the most recent payment received by the local educational 

agency based on its status prior to consolidation. 

(h) PAYMENTS WITH RESPECT TO FISCAL YEARS IN WHICH INSUFFICIENT FUNDS ARE APPROPRIATED.—For any fiscal year for 

which the amount appropriated under section 7014(a) is insufficient to pay to each eligible local educational agency the full 

amount determined under subsection (b), the Secretary shall make 

payments to each local educational agency under this section as follows: 

(1) FOUNDATION PAYMENTS FOR PRE-2010 RECIPIENTS.— 

(A) IN GENERAL.—The Secretary shall first make a 

foundation payment to each local educational agency that 

is determined by the Secretary to be eligible to receive a 

payment under this section for the fiscal year involved and 

that filed a timely application, and met, or has been determined by statute to meet, the eligibility requirements of 

subsection (a) for fiscal year 2009. 

(B) AMOUNT.— 

(i) IN GENERAL.—The amount of a payment under 

subparagraph (A) for a local educational agency shall 

be equal to the greater of 90 percent of the payment 

the local educational agency received from dollars appropriated for fiscal year 2009 or 90 percent of the average payment that the local educational agency received from dollars appropriated for fiscal years 2006, 

2007, 2008, and 2009, and shall be calculated without 

regard to the maximum payment provisions in subsection (b)(1)(C). 

(ii) EXCEPTION.—In calculating such average payment for a local educational agency that did not receive a payment under subsection (b) for 1 or more of 

the fiscal years between fiscal year 2006 and 2009, inclusive, the lowest such payment made to the agency 

for fiscal year 2006, 2007, 2008, or 2009, shall be 

treated as the payment that the agency received under 

subsection (b) for each fiscal year for which the agency 

did not receive such a payment. 

(C) INSUFFICIENT APPROPRIATIONS.—If the amount appropriated under section 7014(a) is insufficient to pay the 

full amount determined under this paragraph for all eligible local educational agencies for the fiscal year, then the 

Secretary shall ratably reduce the payment to each local 

educational agency under this paragraph. 

(2) FOUNDATION PAYMENTS FOR NEW APPLICANTS.— 


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(A) FIRST YEAR.—From any amounts remaining after 

making payments under paragraph (1) and subsection 

(i)(1) for the fiscal year involved, the Secretary shall make 

a payment, in an amount determined in accordance with 

subparagraph (C), to each local educational agency that 

the Secretary determines eligible for a payment under this 

section for a fiscal year after fiscal year 2009 and that did 

not receive a payment under paragraph (1) for the fiscal 

year for which such agency was determined eligible for 

such payment. 

(B) SECOND AND SUCCEEDING YEARS.—For any succeeding fiscal year after the first fiscal year that a local 

educational agency receives a foundation payment under 

subparagraph (A), the amount of the local educational 

agency’s foundation payment under this paragraph for 

such succeeding fiscal year shall be equal to the local educational agency’s foundation payment under this paragraph for the first fiscal year. 

(C) AMOUNTS.—The amount of a payment under subparagraph (A) for a local educational agency shall be determined as follows: 

(i) Calculate the local educational agency’s maximum payment under subsection (b). 

(ii) Calculate the percentage that the amount appropriated under section 7014(a) for the most recent 

fiscal year for which the Secretary has completed making payments under this section is of the total maximum payments for such fiscal year for all local educational agencies eligible for a payment under subsection (b) and multiply the agency’s maximum payment by such percentage. 

(iii) Multiply the amount determined under clause 

(ii) by 90 percent. 

(D) INSUFFICIENT FUNDS.—If the amount appropriated 

under section 7014(a) of this title is insufficient to pay the 

full amount determined under this paragraph for all eligible local educational agencies for the fiscal year, then the 

Secretary shall ratably reduce the payment to each local 

educational agency under this paragraph. 

(3) REMAINING FUNDS.—From any funds remaining after 

making payments under paragraphs (1) and (2) for the fiscal 

year involved, the Secretary shall make a payment to each 

local educational agency that received a foundation payment 

under paragraph (1) or (2) or subsection (i)(1), for the fiscal 

year involved in an amount that bears the same relation to the 

remainder as a percentage share determined for the local educational agency (by dividing the maximum amount that the 

agency is eligible to receive under subsection (b) by the total 

of the maximum amounts for all such agencies) bears to the 

percentage share determined (in the same manner) for all local 

educational agencies eligible to receive a payment under this 

section for the fiscal year involved, except that, for the purpose 

of calculating a local educational agency’s maximum amount 


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under subsection (b), data from the most current fiscal year 

shall be used. 

(4) DATA.—For each local educational agency that received 

a payment under this section for fiscal year 2010 or any succeeding fiscal year, the Secretary shall not make a payment 

under paragraph (3) to a local educational agency that fails to 

submit, within 60 days of the date the Secretary notifies the 

agency that the information is needed, the data necessary to 

calculate the maximum amount of a payment under subsection 

(b) for that local educational agency. 

(i) SPECIAL PAYMENTS.— (1) IN GENERAL.—For any fiscal year beginning with fiscal 

year 2000 for which the amount appropriated to carry out this 

section exceeds the amount so appropriated for fiscal year 1996 

and for which subsection (b)(1)(B) applies, the Secretary shall 

use the remainder described in subsection (h)(3) for the fiscal 

year involved (not to exceed the amount equal to the difference 

between (A) the amount appropriated to carry out this section 

for fiscal year 1997 and (B) the amount appropriated to carry 

out this section for fiscal year 1996) to increase the payment 

that would otherwise be made under this section to not more 

than 50 percent of the maximum amount determined under 

subsection (b) for any local educational agency described in 

paragraph (2). 

(2) LOCAL EDUCATIONAL AGENCY DESCRIBED.—A local educational agency described in this paragraph is a local educational agency that— 

(A) received a payment under this section for fiscal 

year 1996; 

(B) serves a school district that contains all or a portion of a United States military academy; 

(C) serves a school district in which the local tax assessor has certified that at least 60 percent of the real 

property is federally owned; and 

(D) demonstrates to the satisfaction of the Secretary 

that such agency’s per-pupil revenue derived from local 

sources for current expenditures is not less than that revenue for the preceding fiscal year. 

(j) PRIOR YEAR DATA.—Notwithstanding any other provision of 

this section, in determining the eligibility of a local educational 

agency for a payment under subsection (b) or (h)(2) of this section 

for a fiscal year, and in calculating the amount of such payment, 

the Secretary— 

(1) shall use data from the prior fiscal year with respect 

to the Federal property involved, including data with respect 

to the assessed value of the property and the real property tax 

rate for current expenditures levied against or imputed to the 

property; and 

(2) shall use data from the second prior fiscal year with respect to determining the amount of revenue referred to in subsection (b)(1)(A)(i). 

(k) LOSS OF ELIGIBILITY.— 

(1) IN GENERAL.—Notwithstanding any other provision of 

this section, the Secretary shall make a minimum payment to 


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a local educational agency described in paragraph (2), for the 

first fiscal year that the agency loses eligibility for assistance 

under this section as a result of property located within the 

school district served by the agency failing to meet the definition of Federal property under section 7013(5)(C)(iii), in an 

amount equal to 90 percent of the amount received by the 

agency under this section for the preceding year. 

(2) LOCAL EDUCATIONAL AGENCY DESCRIBED.—A local educational agency described in this paragraph is an agency 

that— 

(A) was eligible for, and received, a payment under 

this section for fiscal year 2002; and 

(B) beginning in fiscal year 2003 or a subsequent fiscal 

year, is no longer eligible for payments under this section 

as provided for in subsection (a)(1)(C) as a result of the 

transfer of the Federal property involved to a non-Federal 

entity. 

SEC. 7003. ø20 U.S.C. 7703¿ PAYMENTS FOR ELIGIBLE FEDERALLY CONNECTED CHILDREN. 

(a) COMPUTATION OF PAYMENT.— 

(1) IN GENERAL.—For the purpose of computing the 

amount that a local educational agency is eligible to receive 

under subsection (b) or (d) for any fiscal year, the Secretary 

shall determine the number of children who were in average 

daily attendance in the schools of such agency, and for whom 

such agency provided free public education, during the preceding school year and who, while in attendance at such 

schools— 

(A)(i) resided on Federal property with a parent employed on Federal property situated in whole or in part 

within the boundaries of the school district of such agency; 

or 

(ii) resided on Federal property with a parent who is 

an official of, and accredited by, a foreign government and 

is a foreign military officer; 

(B) resided on Federal property and had a parent on 

active duty in the uniformed services (as defined in section 

101 of title 37, United States Code); 

(C) resided on Indian lands; 

(D)(i) had a parent on active duty in the uniformed 

services (as defined by section 101 of title 37, United 

States Code) but did not reside on Federal property; or 

(ii) had a parent who is an official of, and has been accredited by, a foreign government and is a foreign military 

officer but did not reside on Federal property; 

(E) resided in low-rent housing; 

(F) resided on Federal property and is not described in 

subparagraph (A) or (B); or 

(G) resided with a parent employed on Federal property situated— 

(i) in whole or in part in the county in which such 

agency is located, or in whole or in part in such agency 

if such agency is located in more than one county; or 


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(ii) if not in such county, in whole or in part in the 

same State as such agency. 

(2) DETERMINATION OF WEIGHTED STUDENT UNITS.—For the 

purpose of computing the basic support payment under subsection (b), the Secretary shall calculate the total number of 

weighted student units for a local educational agency by adding together the results obtained by the following computations: 

(A) Multiply the number of children described in subparagraphs (A) and (B) of paragraph (1) by a factor of 1.0. 

(B) Multiply the number of children described in paragraph (1)(C) by a factor of 1.25. 

(C) Multiply the number of children described in subparagraphs (A) and (B) of paragraph (1) by a factor of .35 

if the local educational agency has— 

(i) a number of such children described in such 

subparagraphs which exceeds 5,000; and 

(ii) an average daily attendance for all children 

which exceeds 100,000. 

(D) Multiply the number of children described in subparagraph (D) of paragraph (1) by a factor of .20. 

(E) Multiply the number of children described in subparagraph (E) of paragraph (1) by a factor of .10. 

(F) Multiply the number of children described in subparagraphs (F) and (G) of paragraph (1) by a factor of .05. 

(3) SPECIAL RULE.—The Secretary shall only compute a 

payment for a local educational agency for children described 

in subparagraph (F) or (G) of paragraph (1) if the number of 

such children equals or exceeds 1,000 or such number equals 

or exceeds 10 percent of the total number of students in average daily attendance in the schools of such agency. 

(4) MILITARY INSTALLATION AND INDIAN HOUSING UNDERGOING RENOVATION OR REBUILDING.— 

(A) MILITARY INSTALLATION HOUSING.—Beginning in 

fiscal year 2014, in determining the amount of a payment 

for a local educational agency for children described in 

paragraph (1)(D)(i), the Secretary shall consider those children as if they were children described in paragraph (1)(B) 

if the Secretary determines, on the basis of a certification 

provided to the Secretary by a designated representative of 

the Secretary of Defense, that those children would have 

resided in housing on Federal property if the housing was 

not undergoing renovation or rebuilding. The total number 

of children treated as children described in paragraph 

(1)(B) shall not exceed the lessor of— 

(i) the total number of children eligible under 

paragraph (1)(B) for the year prior to the initiation of 

the housing project on Federal property undergoing 

renovation or rebuilding; or 

(ii) the total number of Federally connected children enrolled at the local educational agency as stated 

in the application filed for the payment for the year 

for which the determination is made. 


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(B) INDIAN LANDS.—Beginning in fiscal year 2014, in 

determining the amount of a payment for a local educational agency that received a payment for children that 

resided on Indian lands in accordance with paragraph 

(1)(C) for the fiscal year prior to the fiscal year for which 

the local educational agency is making an application, the 

Secretary shall consider those children to be children described in paragraph (1)(C) if the Secretary determines on 

the basis of a certification provided to the Secretary by a 

designated representative of the Secretary of the Interior 

or the Secretary of Housing and Urban Development that 

those children would have resided in housing on Indian 

lands if the housing was not undergoing renovation or rebuilding. The total number of children treated as children 

described in paragraph (1)(C) shall not exceed the lessor 

of— 

(i) the total number of children eligible under 

paragraph (1)(C) for the year prior to the initiation of 

the housing project on Indian lands undergoing renovation or rebuilding; or 

(ii) the total number of Federally connected children enrolled at the local educational agency as stated 

in the application filed for the payment for the year 

for which the determination is made. 

(C) ELIGIBLE HOUSING.—Renovation or rebuilding 

shall be defined as projects considered as capitalization, 

modernization, or restoration, as defined by the Secretary 

of Defense or the Secretary of the Interior (as the case may 

be) and are projects that last more than 30 days, but do 

not include ‘‘sustainment projects’’ such as painting, carpeting, or minor repairs. 

(5) MILITARY ‘‘BUILD TO LEASE’’ PROGRAM HOUSING.— 

(A) IN GENERAL.—For purposes of computing the 

amount of payment for a local educational agency for children identified under paragraph (1), the Secretary shall 

consider children residing in housing initially acquired or 

constructed under the former section 2828(g) of title 10, 

United States Code (commonly known as the ‘‘Build to 

Lease’’ program), as added by section 801 of the Military 

Construction Authorization Act, 1984, or under lease of offbase property under subchapter IV of chapter 169 of title 

10, United States Code, to be children described under 

paragraph (1)(B), if the property described is— 

(i) within the fenced security perimeter of the 

military facility; or 

(ii) attached to, and under any type of force protection agreement with, the military installation upon 

which such housing is situated. 

(B) ADDITIONAL REQUIREMENTS.—If the property described in subparagraph (A) is not owned by the Federal 

Government, is subject to taxation by a State or political 

subdivision of a State, and thereby generates revenues for 

a local educational agency that is applying to receive a 

payment under this section, then the Secretary— 


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(i) shall require the local educational agency to 

provide certification from an appropriate official of the 

Department of Defense that the property is being used 

to provide military housing; and 

(ii) shall reduce the amount of the payment under 

this section by an amount equal to the amount of revenue from such taxation received in the second preceding fiscal year by such local educational agency, 

unless the amount of such revenue was taken into account by the State for such second preceding fiscal 

year and already resulted in a reduction in the 

amount of State aid paid to such local educational 

agency. 

(b) BASIC SUPPORT PAYMENTS AND PAYMENTS WITH RESPECT

TO FISCAL YEARS IN WHICH INSUFFICIENT FUNDS ARE APPRO- PRIATED.— 

(1) BASIC SUPPORT PAYMENTS.— (A) IN GENERAL.—From the amount appropriated 

under section 7014(b) for a fiscal year, the Secretary is authorized to make basic support payments to eligible local 

educational agencies with children described in subsection 

(a). 

(B) ELIGIBILITY.—A local educational agency is eligible 

to receive a basic support payment under subparagraph 

(A) for a fiscal year with respect to a number of children 

determined under subsection (a)(1) only if the number of 

children so determined with respect to such agency 

amounts to the lesser of— 

(i) at least 400 such children; or 

(ii) a number of such children which equals at 

least 3 percent of the total number of children who 

were in average daily attendance, during such year, at 

the schools of such agency and for whom such agency 

provided free public education. 

(C) MAXIMUM AMOUNT.—The maximum amount that a 

local educational agency is eligible to receive under this 

paragraph for any fiscal year is the sum of the total 

weighted student units, as computed under subsection 

(a)(2), multiplied by the greater of— 

(i) one-half of the average per-pupil expenditure of 

the State in which the local educational agency is located for the third fiscal year preceding the fiscal year 

for which the determination is made; 

(ii) one-half of the average per-pupil expenditure 

of all of the States for the third fiscal year preceding 

the fiscal year for which the determination is made; 

(iii) the comparable local contribution rate certified by the State, as determined under regulations 

prescribed to carry out the Act of September 30, 1950 

(Public Law 874, 81st Congress), as such regulations 

were in effect on January 1, 1994; or 

(iv) the average per-pupil expenditure of the State 

in which the local educational agency is located, multiplied by the local contribution percentage. 


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(D) DATA.—If satisfactory data from the third preceding fiscal year are not available for any of the expenditures described in clause (i) or (ii) of subparagraph (C), the 

Secretary shall use data from the most recent fiscal year 

for which data that are satisfactory to the Secretary are 

available. 

(E) INCREASE IN LOCAL CONTRIBUTION RATE DUE TO

UNUSUAL GEOGRAPHIC FACTORS.—If the current expenditures in those local educational agencies which the Secretary has determined to be generally comparable to the 

local educational agency for which a computation is made 

under subparagraph (C) are not reasonably comparable because of unusual geographical factors which affect the current expenditures necessary to maintain, in such agency, 

a level of education equivalent to that maintained in such 

other agencies, then the Secretary shall increase the local 

contribution rate for such agency under subparagraph 

(C)(iii) by such an amount which the Secretary determines 

will compensate such agency for the increase in current expenditures necessitated by such unusual geographical factors. The amount of any such supplementary payment may 

not exceed the per-pupil share (computed with regard to 

all children in average daily attendance), as determined by 

the Secretary, of the increased current expenditures necessitated by such unusual geographic factors. 

(F) Beginning with fiscal year 2002, for the purpose of 

calculating a payment under this paragraph for a local 

educational agency whose local contribution rate was computed under subparagraph (C)(iii) for the previous year, 

the Secretary shall use a local contribution rate that is not 

less than 95 percent of the rate that the LEA received for 

the preceding year. 

(2) BASIC SUPPORT PAYMENTS FOR HEAVILY IMPACTED

LOCAL EDUCATIONAL AGENCIES.— 

(A) IN GENERAL.—(i) From the amount appropriated 

under section 7014(b) for a fiscal year, the Secretary is authorized to make basic support payments to eligible heavily impacted local educational agencies with children described in subsection (a). 

(ii) A local educational agency that receives a basic 

support payment under this paragraph for a fiscal year 

shall not be eligible to receive a basic support payment 

under paragraph (1) for that fiscal year. 

(B) ELIGIBILITY FOR HEAVILY IMPACTED LOCAL EDUCATIONAL AGENCIES.— 

(i) IN GENERAL.—A heavily impacted local educational agency is eligible to receive a basic support 

payment under subparagraph (A) with respect to a 

number of children determined under subsection (a)(1) 

if the agency— 

(I) is a local educational agency— 

(aa) whose boundaries are the same as a 

Federal military installation or an island 

property designated by the Secretary of the 


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Interior to be property that is held in trust by 

the Federal Government; and 

(bb) that has no taxing authority; 

(II) is a local educational agency that— 

(aa) has an enrollment of children described in subsection (a)(1) that constitutes a 

percentage of the total student enrollment of 

the agency that is not less than 45 percent; 

(bb) has a per-pupil expenditure that is 

less than— 

(AA) for an agency that has a total 

student enrollment of 500 or more students, 125 percent of the average perpupil expenditure of the State in which 

the agency is located; or 

(BB) for any agency that has a total 

student enrollment of less than 500 students, 150 percent of the average perpupil expenditure of the State in which 

the agency is located or the average perpupil expenditure of 3 or more comparable local educational agencies in the 

State in which the agency is located; and 

(cc) is an agency that has a tax rate for 

general fund purposes that is not less than 95 

percent of the average tax rate for general 

fund purposes of comparable local educational 

agencies in the State; 

(III) is a local educational agency that— 

(aa) has a tax rate for general fund purposes which is not less than 125 percent of 

the average tax rate for general fund purposes for comparable local educational agencies in the State; and 

(bb)(AA) has an enrollment of children described in subsection (a)(1) that constitutes a 

percentage of the total student enrollment of 

the agency that is not less than 30 percent; or 

(BB) has an enrollment of children described in subsection (a)(1) that constitutes a 

percentage of the total student enrollment of 

the agency that is not less than 20 percent, 

and for the 3 fiscal years preceding the fiscal 

year for which the determination is made, the 

average enrollment of children who are not 

described in subsection (a)(1) and who are eligible for a free or reduced price lunch under 

the Richard B. Russell National School Lunch 

Act constitutes a percentage of the total student enrollment of the agency that is not less 

than 65 percent; 

(IV) is a local educational agency that has a 

total student enrollment of not less than 25,000 

students, of which— 


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(aa) not less than 50 percent are children 

described in subsection (a)(1); and 

(bb) not less than 5,000 of such children 

are children described in subparagraphs (A) 

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

(V) is a local educational agency that— 

(aa) has an enrollment of children described in subsection (a)(1) including, for purposes of determining eligibility, those children 

described in subparagraphs (F) and (G) of 

such subsection, that is not less than 35 percent of the total student enrollment of the 

agency; 

(bb) has a per-pupil expenditure described 

in subclause (II)(bb) (except that a local educational agency with a total student enrollment of less than 350 students shall be 

deemed to have satisfied such per-pupil expenditure requirement) and has a tax rate for 

general fund purposes which is not less than 

95 percent of the average tax rate for general 

fund purposes for comparable local educational agencies in the State; and 

(cc) was eligible to receive assistance 

under subparagraph (A) for fiscal year 2001. 

(ii) LOSS OF ELIGIBILITY.— 

(I) IN GENERAL.—Subject to subclause (II), a 

heavily impacted local educational agency that 

met the requirements of clause (i) for a fiscal year 

shall be ineligible to receive a basic support payment under subparagraph (A) if the agency fails 

to meet the requirements of clause (i) for a subsequent fiscal year, except that such agency shall 

continue to receive a basic support payment under 

this paragraph for the fiscal year for which the ineligibility determination is made. 

(II) LOSS OF ELIGIBILITY DUE TO FALLING

BELOW 95 PERCENT OF THE AVERAGE TAX RATE FOR

GENERAL FUND PURPOSES.—In the case of a heavily impacted local educational agency described in 

subclause (II) or (V) of clause (i) that is eligible to 

receive a basic support payment under subparagraph (A), but that has had, for 2 consecutive fiscal years, a tax rate for general fund purposes 

that falls below 95 percent of the average tax rate 

for general fund purposes of comparable local educational agencies in the State, such agency shall 

be determined to be ineligible under clause (i) and 

ineligible to receive a basic support payment 

under subparagraph (A) for each fiscal year succeeding such 2 consecutive fiscal years for which 

the agency has such a tax rate for general fund 

purposes, and until the fiscal year for which the 


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agency resumes such eligibility in accordance with 

clause (iii). 

(III) TAKEN OVER BY STATE BOARD OF EDU- CATION.—In the case of a heavily impacted local 

educational agency that is eligible to receive a 

basic support payment under subparagraph (A), 

but that has been taken over by a State board of 

education in any 2 previous years, such agency 

shall be deemed to maintain heavily impacted status for 2 fiscal years following the date of enactment of the Every Student Succeeds Act. 

(iii) RESUMPTION OF ELIGIBILITY.—A heavily impacted local educational agency described in clause (i) 

that becomes ineligible under such clause for 1 or 

more fiscal years may resume eligibility for a basic 

support payment under this paragraph for a subsequent fiscal year only if the agency meets the requirements of clause (i) for that subsequent fiscal year, except that such agency shall not receive a basic support 

payment under this paragraph until the fiscal year 

succeeding the fiscal year for which the eligibility determination is made. 

(C) MAXIMUM AMOUNT FOR HEAVILY IMPACTED LOCAL

EDUCATIONAL AGENCIES.— 

(i) IN GENERAL.—Except as provided in subparagraph (D), the maximum amount that a heavily impacted local educational agency is eligible to receive 

under this paragraph for any fiscal year is the sum of 

the total weighted student units, as computed under 

subsection (a)(2) and subject to clause (ii), multiplied 

by the greater of— 

(I) four-fifths of the average per-pupil expenditure of the State in which the local educational 

agency is located for the third fiscal year preceding the fiscal year for which the determination 

is made; or 

(II) four-fifths of the average per-pupil expenditure of all of the States for the third fiscal 

year preceding the fiscal year for which the determination is made. 

(ii) CALCULATION OF WEIGHTED STUDENT UNITS.— 

(I) IN GENERAL.— 

(aa) PERCENTAGE ENROLLMENT.—For a 

local educational agency in which 35 percent 

or more of the total student enrollment of the 

schools of the agency are children described in 

subparagraph (D) or (E) (or a combination 

thereof) of subsection (a)(1), and that has an 

enrollment of children described in subparagraph (A), (B), or (C) of such subsection equal 

to at least 10 percent of the agency’s total enrollment, the Secretary shall calculate the 

weighted student units of those children described in subparagraph (D) or (E) of such 


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subsection by multiplying the number of such 

children by a factor of 0.55. 

(bb) EXCEPTION.—Notwithstanding item 

(aa), a local educational agency that received 

a payment under this paragraph for fiscal 

year 2013 shall not be required to have an enrollment of children described in subparagraph (A), (B), or (C) of subsection (a)(1) equal 

to at least 10 percent of the agency’s total enrollment and shall be eligible for the student 

weight as provided for in item (aa). 

(II) ENROLLMENT OF 100 OR FEWER CHIL- DREN.—For a local educational agency that has an 

enrollment of 100 or fewer children described in 

subsection (a)(1), the Secretary shall calculate the 

total number of weighted student units for purposes of subsection (a)(2) by multiplying the number of such children by a factor of 1.75. 

(III) ENROLLMENT OF MORE THAN 100 CHIL- DREN BUT LESS THAN 1000.—For a local educational 

agency that is not described under subparagraph 

(B)(i)(I) and has an enrollment of more than 100 

but not more than 1,000 children described in subsection (a)(1), the Secretary shall calculate the 

total number of weighted student units for purposes of subsection (a)(2) by multiplying the number of such children by a factor of 1.25. 

(D) MAXIMUM AMOUNT FOR LARGE HEAVILY IMPACTED

LOCAL EDUCATIONAL AGENCIES.— 

(i) IN GENERAL.— 

(I) FORMULA.—Subject to clause (ii), the maximum amount that a heavily impacted local educational agency described in subclause (II) is eligible to receive under this paragraph for any fiscal 

year shall be determined in accordance with the 

formula described in paragraph (1)(C). 

(II) HEAVILY IMPACTED LOCAL EDUCATIONAL

AGENCY.—A heavily impacted local educational 

agency described in this subclause is a local educational agency that has a total student enrollment of not less than 25,000 students, of which 

not less than 50 percent are children described in 

subsection (a)(1) and not less than 5,000 of such 

children are children described in subparagraphs 

(A) and (B) of subsection (a)(1). 

(ii) FACTOR.—For purposes of calculating the maximum amount described in clause (i), the factor used 

in determining the weighted student units under subsection (a)(2) with respect to children described in subparagraphs (A) and (B) of subsection (a)(1) shall be 

1.35. 

(E) DATA.—For purposes of providing assistance under 

this paragraph, the Secretary shall use student, revenue, 

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ceding the fiscal year for which the local educational agency is applying for assistance under this paragraph. 

(F) DETERMINATION OF AVERAGE TAX RATES FOR GEN- ERAL FUND PURPOSES.— (i) IN GENERAL.—Except as provided in clause (ii), 

for the purpose of determining the average tax rates 

for general fund purposes for local educational agencies in a State under this paragraph, the Secretary 

shall use either— 

(I) the average tax rate for general fund purposes for comparable local educational agencies, 

as determined by the Secretary in regulations; or 

(II) the average tax rate of all the local educational agencies in the State. 

(ii) FISCAL YEARS 2010–2015.— (I) IN GENERAL.—For fiscal years 2010 

through 2015, any local educational agency that 

was found ineligible to receive a payment under 

subparagraph (A) because the Secretary determined that it failed to meet the average tax rate 

requirement for general fund purposes in subparagraph (B)(i)(II)(cc), shall be considered to have 

met that requirement, if its State determined, 

through an alternate calculation of average tax 

rates for general fund purposes, that such local 

educational agency met that requirement. 

(II) SUBSEQUENT FISCAL YEARS AFTER 2015.— 

For any succeeding fiscal year after 2015, any 

local educational agency identified in subclause (I) 

may continue to have its State use that alternate 

methodology to calculate whether the average tax 

rate requirement for general fund purposes under 

subparagraph (B)(i)(II)(cc) is met. 

(III) AVAILABILITY OF FUNDS.—Notwithstanding any other provision of law limiting the 

period during which the Secretary may obligate 

funds appropriated for any fiscal year after 2012, 

the Secretary shall reserve a total of $14,000,000 

from funds that remain unobligated under this 

section from fiscal years 2015 or 2016 in order to 

make payments under this clause for fiscal years 

2011 through 2014. 

(G) ELIGIBILITY FOR HEAVILY IMPACTED LOCAL EDUCATIONAL AGENCIES AFFECTED BY PRIVATIZATION OF MILITARY HOUSING.— 

(i) ELIGIBILITY.—For any fiscal year, a heavily impacted local educational agency that received a basic 

support payment under this paragraph for the prior 

fiscal year, but is ineligible for such payment for the 

current fiscal year under subparagraph (B) due to the 

conversion of military housing units to private housing 

described in clause (iii), or as the direct result of base 

realignment and closure or modularization as determined by the Secretary of Defense and force structure 


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change or force relocation, shall be deemed to meet the 

eligibility requirements under subparagraph (B) for 

the period during which the housing units are undergoing such conversion or during such time as activities 

associated with base closure and realignment, 

modularization, force structure change, or force relocation are ongoing. 

(ii) AMOUNT OF PAYMENT.—The amount of a payment to a heavily impacted local educational agency 

for a fiscal year by reason of the application of clause 

(i), and calculated in accordance with subparagraph 

(C) or (D), as the case may be, shall be based on the 

number of children in average daily attendance in the 

schools of such agency for the fiscal year and under 

the same provisions of subparagraph (C) or (D) under 

which the agency was paid during the prior fiscal 

year. 

(iii) CONVERSION OF MILITARY HOUSING UNITS TO

PRIVATE HOUSING DESCRIBED.—For purposes of clause 

(i), ‘‘conversion of military housing units to private 

housing’’ means the conversion of military housing 

units to private housing units pursuant to subchapter 

IV of chapter 169 of title 10, United States Code, or 

pursuant to any other related provision of law. 

(3) PAYMENTS WITH RESPECT TO FISCAL YEARS IN WHICH INSUFFICIENT FUNDS ARE APPROPRIATED.— 

(A) IN GENERAL.—For any fiscal year in which the 

sums appropriated under section 7014(b) are insufficient to 

pay to each local educational agency the full amount computed under paragraphs (1) and (2), the Secretary shall 

make payments in accordance with this paragraph. 

(B) LEARNING OPPORTUNITY THRESHOLD PAYMENTS IN

LIEU OF PAYMENTS UNDER PARAGRAPH (1).—(i) For fiscal 

years described in subparagraph (A), the Secretary shall 

compute a learning opportunity threshold payment (hereafter in this title referred to as the ‘‘threshold payment’’) 

in lieu of basic support payments under paragraph (1) by 

multiplying the amount obtained under paragraph (1)(C) 

by the total percentage obtained by adding— 

(I) the percentage of federally connected children 

for each local educational agency determined by calculating the fraction, the numerator of which is the total 

number of children described under subsection (a)(1) 

and the denominator of which is the total number of 

children in average daily attendance at the schools 

served by such agency; and 

(II) the percentage that funds under paragraph 

(1)(C) represent of the total budget of the local educational agency, determined by calculating the fraction, the numerator of which is the total amount of 

funds calculated for each local educational agency 

under this paragraph, and the denominator of which 

is the total current expenditures for such agency in 


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the second preceding fiscal year for which the determination is made. 

(ii) Such total percentage used to calculate threshold 

payments under paragraph (1) shall not exceed 100. 

(iii) In the case of a local educational agency providing 

a free public education to students enrolled in kindergarten through grade 12, that enrolls students described in 

subparagraphs (A), (B), and (D) of subsection (a)(1) only in 

grades 9 through 12, and that received a final payment for 

fiscal year 2009 calculated under section 7003(b)(3) (as 

such section was in effect on the day before the date of enactment of the Every Student Succeeds Act) for students 

in grades 9 through 12, the Secretary shall, in calculating 

the agency’s payment, consider only that portion of such 

agency’s total enrollment of students in grades 9 through 

12 when calculating the percentage under clause (i)(I) and 

only that portion of the total current expenditures attributed to the operation of grades 9 through 12 in such agency when calculating the percentage under clause (i)(II). 

(iv) In the case of a local educational agency that has 

a total student enrollment of fewer than 1,000 students 

and that has a per-pupil expenditure that is less than the 

average per-pupil expenditure of the State in which the 

agency is located or less than the average per-pupil expenditure of all the States, the total percentage used to 

calculate threshold payments under clause (i) shall not be 

less than 40 percent. 

(C) LEARNING OPPORTUNITY THRESHOLD PAYMENTS IN

LIEU OF PAYMENTS UNDER PARAGRAPH (2).—For fiscal years 

described in subparagraph (A), the learning opportunity 

threshold payment in lieu of basic support payments under 

paragraph (2) shall be equal to the amount obtained under 

subparagraph (C) or (D) of paragraph (2), as the case may 

be. 

(D) RATABLE DISTRIBUTION.—For fiscal years described 

in subparagraph (A), for which the sums available exceed 

the amount required to pay each local educational agency 

100 percent of its threshold payment, the Secretary shall 

distribute the excess sums to each eligible local educational agency that has not received its full amount computed under paragraphs (1) or (2) (as the case may be) by 

multiplying— 

(i) a percentage, the denominator of which is the 

difference between the full amount computed under 

paragraph (1) or (2) (as the case may be) for all local 

educational agencies and the amount of the threshold 

payment (as calculated under subparagraphs (B) and 

(C)) of all local educational agencies, and the numerator of which is the aggregate of the excess sums, by 

(ii) the difference between the full amount computed under paragraph (1) or (2) (as the case may be) 

for the agency and the amount of the threshold payment (as calculated under subparagraphs (B) or (C)) of 

the agency, except that no local educational agency 


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shall receive more than 100 percent of the maximum 

payment calculated under subparagraph (C) or (D) of 

paragraph (2). 

(E) INSUFFICIENT PAYMENTS.—For each fiscal year described in subparagraph (A) for which the sums appropriated are insufficient to pay each local educational agency all of the local educational agency’s threshold payment 

described in subparagraph (B), the Secretary shall ratably 

reduce the payment to each local educational agency under 

this paragraph. 

(F) INCREASES

(i) INCREASES BASED ON INSUFFICIENT FUNDS.—If 

additional funds become available under 7014(b) for 

making payments under paragraphs (1) and (2) and 

those funds are not sufficient to increase each local 

educational agency’s threshold payment above 100 

percent of its threshold payment described in subparagraph (B), payments that were reduced under subparagraph (E) shall be increased by the Secretary on 

the same basis as such payments were reduced. 

(ii) INCREASES BASED ON SUFFICIENT FUNDS.—If 

additional funds become available under section 

7014(b) for making payments under paragraphs (1) 

and (2) and those funds are sufficient to increase each 

local educational agency’s threshold payment above 

100 percent of its threshold payment described in subparagraph (B), the payment for each local educational 

agency shall be 100 percent of its threshold payment. 

The Secretary shall then distribute the excess sums to 

each eligible local educational agency in accordance 

with subparagraph (D). 

(G) PROVISION OF TAX RATE AND RESULTING PERCENTAGE.—As soon as practicable following the payment of 

funds under paragraph (2) to an eligible local educational 

agency, the Secretary shall provide the local educational 

agency with a description of— 

(i) the tax rate of the local educational agency; 

and 

(ii) the percentage such tax rate represents of the 

average tax rate for general fund purposes of comparable local educational agencies in the State as determined under subclauses (II)(cc), III(aa), or (V)(bb) of 

paragraph (2)(B)(i) (as the case may be). 

(4) STATES WITH ONLY ONE LOCAL EDUCATIONAL AGENCY.— 

(A) IN GENERAL.—In any of the 50 States of the United 

States in which there is only one local educational agency, 

the Secretary shall, for purposes of subparagraphs (B) and 

(C) of paragraph (1) or subparagraphs (B) and (C) of paragraph (2), as the case may be, paragraph (3) of this subsection, and subsection (e), consider each administrative 

school district in the State to be a separate local educational agency. 

(B) COMPUTATION OF MAXIMUM AMOUNT OF BASIC SUPPORT PAYMENT AND THRESHOLD PAYMENT.—In computing 


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the maximum payment amount under paragraph (1)(C) or 

subparagraph (C) or (D) of paragraph (2), as the case may 

be, and the learning opportunity threshold payment under 

subparagraph (B) or (C) of paragraph (3), as the case may 

be, for an administrative school district described in subparagraph (A)— 

(i) the Secretary shall first determine the maximum payment amount and the total current expenditures for the State as a whole; and 

(ii) the Secretary shall then— 

(I) proportionately allocate such maximum 

payment amount among the administrative school 

districts on the basis of the respective weighted 

student units of such districts; and 

(II) proportionately allocate such total current 

expenditures among the administrative school districts on the basis of the respective number of students in average daily attendance at such districts. 

(5) LOCAL EDUCATIONAL AGENCIES AFFECTED BY REMOVAL

OF FEDERAL PROPERTY.— (A) IN GENERAL.—In computing the amount of a basic 

support payment under this subsection for a fiscal year for 

a local educational agency described in subparagraph (B), 

the Secretary shall meet the additional requirements described in subparagraph (C). 

(B) LOCAL EDUCATIONAL AGENCY DESCRIBED.—A local 

educational agency described in this subparagraph is a 

local educational agency with respect to which Federal 

property (i) located within the boundaries of the agency, 

and (ii) on which one or more children reside who are receiving a free public education at a school of the agency, 

is transferred by the Federal Government to another entity in any fiscal year beginning on or after the date of the 

enactment of the Impact Aid Reauthorization Act of 2000 

so that the property is subject to taxation by the State or 

a political subdivision of the State. 

(C) ADDITIONAL REQUIREMENTS.—The additional requirements described in this subparagraph are the following: 

(i) For each fiscal year beginning after the date on 

which the Federal property is transferred, a child described in subparagraph (B) who continues to reside 

on such property and who continues to receive a free 

public education at a school of the agency shall be 

deemed to be a child who resides on Federal property 

for purposes of computing under the applicable subparagraph of subsection (a)(1) the amount that the 

agency is eligible to receive under this subsection. 

(ii)(I) For the third fiscal year beginning after the 

date on which the Federal property is transferred, and 

for each fiscal year thereafter, the Secretary shall, 

after computing the amount that the agency is otherwise eligible to receive under this subsection for the 


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fiscal year involved, deduct from such amount an 

amount equal to the revenue received by the agency 

for the immediately preceding fiscal year as a result of 

the taxable status of the former Federal property. 

(II) For purposes of determining the amount of 

revenue to be deducted in accordance with subclause 

(I), the local educational agency— 

(aa) shall provide for a review and certification of such amount by an appropriate local tax 

authority; and 

(bb) shall submit to the Secretary a report 

containing the amount certified under item (aa). 

(c) PRIOR YEAR DATA.— (1) IN GENERAL.—Except as provided in subsections 

(b)(1)(D), (b)(2), and paragraph (2), all calculations under this 

section shall be based on data for each local educational agency 

from not later than the fiscal year preceding the fiscal year for 

which the agency is making application for payment. 

(2) EXCEPTION.—Calculation of payments for a local educational agency shall be based on data from the fiscal year for 

which the agency is making an application for payment if such 

agency— 

(A) is newly established by a State, for the first year 

of operation of such agency only; 

(B) was eligible to receive a payment under this section for the previous fiscal year and has had an overall increase in enrollment (as determined by the Secretary in 

consultation with the Secretary of Defense, the Secretary 

of the Interior, or the heads of other Federal agencies)— 

(i)(I) of not less than 10 percent of children described in— 

(aa) subparagraph (A), (B), (C), or (D) of 

subsection (a)(1); or 

(bb) subparagraphs (F) and (G) of subsection (a)(1), but only to the extent that such 

children are civilian dependents of employees 

of the Department of Defense or the Department of the Interior; or 

(II) of not less than 100 of such children; and 

(ii) that is the direct result of closure or realignment of military installations under the base closure 

process or the relocation of members of the Armed 

Forces and civilian employees of the Department of 

Defense as part of the force structure changes or 

movements of units or personnel between military installations or because of actions initiated by the Secretary of the Interior or the head of another Federal 

agency; or 

(C) was eligible to receive a payment under this section for the previous fiscal year and has had an increase 

in enrollment (as determined by the Secretary)— 

(i) of not less than 10 percent of children described 

in subsection (a)(1) or not less than 100 of such children; and 


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(ii) that is the direct result of the closure of a local 

educational agency that received a payment under 

subsection (b)(1) or (b)(2) for the previous fiscal year. 

(d) CHILDREN WITH DISABILITIES.— (1) IN GENERAL.—From the amount appropriated under 

section 7014(c) for a fiscal year, the Secretary shall pay to each 

eligible local educational agency, on a pro rata basis, the 

amounts determined by— 

(A) multiplying the number of children described in 

subparagraphs (A)(ii), (B) and (C) of subsection (a)(1) who 

are eligible to receive services under the Individuals with 

Disabilities Education Act (20 U.S.C. 1400 et seq.) by a 

factor of 1.0; and 

(B) multiplying the number of children described in 

subparagraph (D) of subsection (a)(1) who are eligible to 

receive services under such Act by a factor of 0.5. 

(2) USE OF FUNDS.—A local educational agency that receives funds under paragraph (1) shall use such funds to provide a free appropriate public education to children described 

in paragraph (1) in accordance with the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.). 

(e) HOLD HARMLESS.— (1) IN GENERAL.—In the case of any local educational agency eligible to receive a payment under subsection (b) whose calculated payment amount for a fiscal year is reduced by 20 percent, as compared to the amount received for the previous fiscal year, the Secretary shall pay the local educational agency, 

for the year of the reduction and the following 2 years, the 

amount determined under paragraph (2). 

(2) AMOUNT OF REDUCTION.—Subject to paragraph (3), A 

local educational agency described in paragraph (1) shall receive— 

(A) for the first year for which the reduced payment 

is determined, an amount that is not less than 90 percent 

of the total amount that the local educational agency received under subsection (b) for the previous fiscal year; 

(B) for the second year following such reduction, an 

amount that is not less than 85 percent of the total 

amount that the local educational agency received under 

subparagraph (A); and 

(C) for the third year following such reduction, an 

amount that is not less than 80 percent of the total 

amount that the local educational agency received under 

subparagraph (B). 

(3) SPECIAL RULE.—For any fiscal year for which a local 

educational agency would receive a payment under subsection 

(b) in excess of the amount determined under paragraph (2), 

the payment received by the local educational agency for such 

fiscal year shall be calculated under paragraph (1) or (2) of 

subsection (b). 

(4) RATABLE REDUCTIONS.— 

(A) IN GENERAL.—If the sums made available under 

this title for any fiscal year are insufficient to pay the full 

amounts that all local educational agencies in all States 


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are eligible to receive under paragraph (1) for such year, 

then the Secretary shall ratably reduce the payments to all 

such agencies for such year. 

(B) ADDITIONAL FUNDS.—If additional funds become 

available for making payments under paragraph (1) for 

such fiscal year, payments that were reduced under subparagraph (A) shall be increased on the same basis as such 

payments were reduced. 

(f) OTHER FUNDS.—Notwithstanding any other provision of 

law, a local educational agency receiving funds under this section 

may also receive funds under section 386 of the National Defense 

Authorization Act for Fiscal Year 1993 or such section’s successor 

authority. 

SEC. 7004. ø20 U.S.C. 7704¿ POLICIES AND PROCEDURES RELATING TO 

CHILDREN RESIDING ON INDIAN LANDS. 

(a) IN GENERAL.—A local educational agency that claims children residing on Indian lands for the purpose of receiving funds 

under section 7003 shall establish policies and procedures to ensure that— 

(1) such children participate in programs and activities 

supported by such funds on an equal basis with all other children; 

(2) parents of such children and Indian tribes are afforded 

an opportunity to present their views on such programs and 

activities, including an opportunity to make recommendations 

on the needs of those children and how the local educational 

agency may help such children realize the benefits of such programs and activities; 

(3) parents and Indian tribes are consulted and involved in 

planning and developing such programs and activities; 

(4) relevant applications, evaluations, and program plans 

are disseminated to the parents and Indian tribes; and 

(5) parents and Indian tribes are afforded an opportunity 

to present their views to such agency regarding such agency’s 

general educational program. 

(b) RECORDS.—A local educational agency that claims children 

residing on Indian lands for the purpose of receiving funds under 

section 7003 shall maintain records demonstrating such agency’s 

compliance with the requirements contained in subsection (a). 

(c) WAIVER.—A local educational agency that claims children 

residing on Indian lands for the purpose of receiving funds under 

section 7003 shall not be required to comply with the requirements 

of subsections (a) and (b) for any fiscal year with respect to any Indian tribe from which such agency has received a written statement that the agency need not comply with those subsections because the tribe is satisfied with the provision of educational services by such agency to such children. 

(d) TECHNICAL ASSISTANCE AND ENFORCEMENT.—The Secretary 

shall— 

(1) provide technical assistance to local educational agencies, parents, and Indian tribes to enable such agencies, parents, and tribes to carry out this section; and 

(2) enforce this section through such actions, which may 

include the withholding of funds, as the Secretary determines 


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to be appropriate, after affording the affected local educational 

agency, parents, and Indian tribe an opportunity to present 

their views. 

(e) COMPLAINTS.— 

(1) IN GENERAL.—(A) Any tribe, or its designee, which has 

students in attendance at a local educational agency may, in 

its discretion and without regard to the requirements of any 

other provision of law, file a written complaint with the Secretary regarding any action of a local educational agency taken 

pursuant to, or relevant to, the requirements of this section. 

(B) Within ten working days from receipt of a complaint, 

the Secretary shall— 

(i) designate a time and place for a hearing into the 

matters relating to the complaint at a location in close 

proximity to the local educational agency involved, or if the 

Secretary determines there is good cause, at some other location convenient to both the tribe, or its designee, and the 

local educational agency; 

(ii) designate a hearing examiner to conduct the hearing; and 

(iii) notify the affected tribe or tribes and the local 

educational agency involved of the time, place, and nature 

of the hearing and send copies of the complaint to the local 

educational agency and the affected tribe or tribes. 

(2) HEARING.—The hearing shall be held within 30 days of 

the designation of a hearing examiner and shall be open to the 

public. A record of the proceedings shall be established and 

maintained. 

(3) EVIDENCE; RECOMMENDATIONS; COST.—The complaining 

tribe, or its designee, and the local educational agency shall be 

entitled to present evidence on matters relevant to the complaint and to make recommendations concerning the appropriate remedial actions. Each party to the hearing shall bear 

only its own costs in the proceedings. 

(4) FINDINGS AND RECOMMENDATIONS.—Within 30 days of 

the completion of the hearing, the hearing examiner shall, on 

the basis of the record, make written findings of fact and recommendations concerning appropriate remedial action, if any, 

which should be taken. The hearing examiner’s findings and 

recommendations, along with the hearing record, shall be forwarded to the Secretary. 

(5) WRITTEN DETERMINATION.—Within 30 days of the Secretary’s receipt of the findings, recommendations, and record, 

the Secretary shall, on the basis of the record, make a written 

determination of the appropriate remedial action, if any, to be 

taken by the local educational agency, the schedule for completion of the remedial action, and the reasons for the Secretary’s 

decision. 

(6) COPIES PROVIDED.—Upon completion of the Secretary’s 

final determination, the Secretary shall provide the complaining tribe, or its designee, and the local educational agency 

with copies of the hearing record, the hearing examiner’s findings and recommendations, and the Secretary’s final deterVerDate Nov 24 2008 11:50 Feb 05, 2016 Jkt 000000 PO 00000 Frm 00371 Fmt 9001 Sfmt 6601 F:\COMP\EDII\EASEAO1.BEL HOLCPC

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mination. The final determination of the Secretary shall be 

subject to judicial review. 

(7) CONSOLIDATION.—In all actions under this subsection, 

the Secretary shall have discretion to consolidate complaints 

involving the same tribe or local educational agency. 

(8) WITHHOLDING.—If the local educational agency rejects 

the determination of the Secretary, or if the remedy required 

is not undertaken within the time established and the Secretary determines that an extension of the time established 

will not effectively encourage the remedy required, the Secretary shall withhold payment of all moneys to which such 

local agency is eligible under section 7003 until such time as 

the remedy required is undertaken, except where the complaining tribe or its designee formally requests that such funds 

be released to the local educational agency, except that the 

Secretary may not withhold such moneys during the course of 

the school year if the Secretary determines that such withholding would substantially disrupt the educational programs 

of the local educational agency. 

(9) REJECTION OF DETERMINATION.—If the local educational 

agency rejects the determination of the Secretary and a tribe 

exercises the option under section 1101(d) of the Education 

Amendments of 1978, to have education services provided either directly by the Bureau of Indian Education or by contract 

with the Bureau of Indian Education, any Indian students affiliated with that tribe who wish to remain in attendance at 

the local educational agency against whom the complaint 

which led to the tribal action under such subsection (d) was 

lodged may be counted with respect to that local educational 

agency for the purpose of receiving funds under section 7003. 

In such event, funds under such section shall not be withheld 

pursuant to paragraph (8) and no further complaints with respect to such students may be filed under paragraph (1). 

(f) CONSTRUCTION.—This section is based upon the special relationship between the Indian nations and the United States and 

nothing in this section shall be construed to relieve any State of 

any duty with respect to any citizens of that State. 

SEC. 7005. ø20 U.S.C. 7705¿ APPLICATION FOR PAYMENTS UNDER SECTIONS 7002 AND 7003. 

(a) IN GENERAL.—A local educational agency desiring to receive 

a payment under section 7002 or 7003 shall— 

(1) submit an application for such payment to the Secretary; and 

(2) provide a copy of such application to the State educational agency. 

(b) CONTENTS.—Each such application shall be submitted in 

such form and manner as the Secretary may require, including— 

(1) information to determine the eligibility of the local educational agency for a payment and the amount of such payment; and 

(2) where applicable, an assurance that such agency is in 

compliance with section 7004 (relating to children residing on 

Indian lands). 


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10Section 1810 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 

2001 (H.R. 5408 as introduced in the 106th Congress and enacted by section 1 of Public Law 

Continued 

(c) DEADLINE FOR SUBMISSION.—The Secretary shall establish 

deadlines for the submission of applications under this section. 

(d) APPROVAL.— (1) IN GENERAL.—The Secretary shall approve an application submitted under this section that— 

(A) except as provided in paragraph (2), is filed by the 

deadline established under subsection (c); and 

(B) otherwise meets the requirements of this title. 

(2) REDUCTION IN PAYMENT.—The Secretary shall approve 

an application filed not more than 60 days after a deadline established under subsection (c), or not more than 60 days after 

the date on which the Secretary sends written notice to the 

local educational agency pursuant to paragraph (3)(A), as the 

case may be, that otherwise meets the requirements of this 

title, except that, notwithstanding section 7003(e), the Secretary shall reduce the payment based on such late application 

by 10 percent of the amount that would otherwise be paid. 

(3) LATE APPLICATIONS.— 

(A) NOTICE.—The Secretary shall, as soon as practicable after the deadline established under subsection (c), 

provide to each local educational agency that applied for a 

payment under section 7002 or 7003 for the prior fiscal 

year, and with respect to which the Secretary has not received an application for a payment under either such section (as the case may be) for the fiscal year in question, 

written notice of the failure to comply with the deadline 

and instruction to ensure that the application is filed not 

later than 60 days after the date on which the Secretary 

sends the notice. 

(B) ACCEPTANCE AND APPROVAL OF LATE APPLICATIONS.—The Secretary shall not accept or approve any application of a local educational agency that is filed more 

than 60 days after the date on which the Secretary sends 

written notice to the local educational agency pursuant to 

subparagraph (A). 

(4) STATE APPLICATION AUTHORITY.—Notwithstanding any 

other provision of law, a State educational agency that had 

been accepted as an applicant for funds under section 3 of the 

Act of September 30, 1950 (Public Law 874, 81st Congress) (as 

such section was in effect on the day preceding the date of enactment of the Improving America’s Schools Act of 1994) in fiscal year 1994 shall be permitted to continue as an applicant 

under the same conditions by which such agency made application during such fiscal year only if such State educational 

agency distributes all funds received for the students for which 

application is being made by such State educational agency to 

the local educational agencies providing educational services to 

such students. 

SEC. 7007. ø20 U.S.C. 7707¿ CONSTRUCTION. 10

(a) CONSTRUCTION PAYMENTS AUTHORIZED.— 


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106–398; 114 Stat. 1654A–383) repealed section 8006 of the Elementary and Secondary Education Act of 1965. Title VIII of the Elementary and Secondary Education Act of 1965 was redesignated as title VII by Public Law 114-95 and remaining sections of title VII (as redesignated) 

were renumbered accordingly. So, the effect is that there is no section 7006 in current law. 

(1) IN GENERAL.—From 40 percent of the amount appropriated for each fiscal year under section 7014(e), the Secretary 

shall make payments in accordance with this subsection to 

each local educational agency that receives a basic support 

payment under section 7003(b) for that fiscal year. 

(2) ADDITIONAL REQUIREMENTS.—A local educational agency that receives a basic support payment under section 

7003(b)(1) shall also meet at least one of the following requirements: 

(A) The number of children determined under section 

7003(a)(1)(C) for the agency for the preceding school year 

constituted at least 50 percent of the total student enrollment in the schools of the agency during the preceding 

school year. 

(B) The number of children determined under subparagraphs (B) and (D)(i) of section 7003(a)(1) for the 

agency for the preceding school year constituted at least 50 

percent of the total student enrollment in the schools of 

the agency during the preceding school year. 

(3) AMOUNT OF PAYMENTS.— 

(A) LOCAL EDUCATIONAL AGENCIES IMPACTED BY MILITARY DEPENDENT CHILDREN.—The amount of a payment to 

each local educational agency described in this subsection 

that is impacted by military dependent children for a fiscal 

year shall be equal to— 

(i)(I) 20 percent of the amount appropriated under 

section 7014(e) for such fiscal year; divided by 

(II) the total number of weighted student units of 

children described in subparagraphs (B) and (D)(i) of 

section 7003(a)(1) for all local educational agencies described in this subsection (as calculated under section 

7003(a)(2)), including the number of weighted student 

units of such children attending a school facility described in section 7008(a) if the Secretary does not 

provide assistance for the school facility under that 

section for the prior fiscal year; multiplied by 

(ii) the total number of such weighted student 

units for the agency. 

(B) LOCAL EDUCATIONAL AGENCIES IMPACTED BY CHILDREN WHO RESIDE ON INDIAN LANDS.—The amount of a 

payment to each local educational agency described in this 

subsection that is impacted by children who reside on Indian lands for a fiscal year shall be equal to— 

(i)(I) 20 percent of the amount appropriated under 

section 7014(e) for such fiscal year; divided by 

(II) the total number of weighted student units of 

children described in section 7003(a)(1)(C) for all local 

educational agencies described in this subsection (as 

calculated under section 7003(a)(2)); multiplied by 


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(ii) the total number of such weighted student 

units for the agency. 

(4) USE OF FUNDS.—Any local educational agency that receives funds under this subsection shall use such funds for construction, as defined in section 7013(3). 

(b) SCHOOL FACILITY EMERGENCY AND MODERNIZATION GRANTS

AUTHORIZED.— (1) IN GENERAL.—From 60 percent of the amount appropriated for each fiscal year under section 7014(e), the Secretary— 

(A) shall award emergency grants in accordance with 

this subsection to eligible local educational agencies to enable the agencies to carry out emergency repairs of school 

facilities; and 

(B) shall award modernization grants in accordance 

with this subsection to eligible local educational agencies 

to enable the agencies to carry out the modernization of 

school facilities. 

(2) PRIORITY.—In approving applications from local educational agencies for emergency grants and modernization 

grants under this subsection, the Secretary shall give priority 

to applications in accordance with the following: 

(A) The Secretary shall first give priority to applications for emergency grants from local educational agencies 

that meet the requirements of paragraph (3)(A) and, 

among such applications for emergency grants, shall give 

priority to those applications of local educational agencies 

based on the severity of the emergency, as determined by 

the Secretary. 

(B) The Secretary shall next give priority to applications for emergency grants from local educational agencies 

that meet the requirements of subparagraph (C) or (D) of 

paragraph (3) and, among such applications for emergency 

grants, shall give priority to those applications of local 

educational agencies based on the severity of the emergency, as determined by the Secretary. 

(C) The Secretary shall next give priority to applications for modernization grants from local educational agencies that meet the requirements of paragraph (3)(B) and, 

among such applications for modernization grants, shall 

give priority to those applications of local educational 

agencies based on the severity of the need for modernization, as determined by the Secretary. 

(D) The Secretary shall next give priority to applications for modernization grants from local educational agencies that meet the requirements of subparagraph (C) or (D) 

of paragraph (3) and, among such applications for modernization grants, shall give priority to those applications 

of local educational agencies based on the severity of the 

need for modernization, as determined by the Secretary. 

(3) ELIGIBILITY REQUIREMENTS.— 

(A) EMERGENCY GRANTS.—A local educational agency 

is eligible to receive an emergency grant under paragraph 

(2)(A) if— 


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(i) the agency (or in the case of a local educational 

agency that does not have the authority to tax or issue 

bonds, the agency’s fiscal agent)— 

(I) has no practical capacity to issue bonds; 

(II) has minimal capacity to issue bonds and 

is at not less than 75 percent of the agency’s limit 

of bonded indebtedness; or 

(III) does not meet the requirements of subclauses (I) and (II) but is eligible to receive funds 

under section 7003(b)(2) for the fiscal year; and 

(ii) the agency is eligible to receive assistance 

under subsection (a) for the fiscal year and has a 

school facility emergency, as determined by the Secretary, that poses a health or safety hazard to the students and school personnel assigned to the school facility. 

(B) MODERNIZATION GRANTS.—A local educational 

agency is eligible to receive a modernization grant under 

paragraph (2)(C) if— 

(i) the agency is eligible to receive assistance 

under this title for the fiscal year; 

(ii) the agency (or in the case of a local educational agency that does not have the authority to tax 

or issue bonds, the agency’s fiscal agent) meets the requirements of subclause (I), (II), or (III) of subparagraph (A)(i); and 

(iii) the agency has facility needs resulting from 

the presence of the Federal Government, such as the 

enrollment of federally connected children, the presence of tax-exempt Federal property, or an increase in 

enrollment due to the expansion of Federal activities, 

housing privatization, or the acquisition of Federal 

property. 

(C) ADDITIONAL ELIGIBILITY FOR EMERGENCY AND MODERNIZATION GRANTS.—(i) A local educational agency is eligible to receive an emergency grant or a modernization 

grant under subparagraph (B) or (D) of paragraph (2), respectively, if the agency meets the following requirements: 

(I) The agency receives a basic support payment 

under section 7003(b) for the fiscal year and the agency meets at least one of the following requirements: 

(aa) The number of children determined 

under section 7003(a)(1)(C) for the agency for the 

preceding school year constituted at least 40 percent of the total student enrollment in the schools 

of the agency during the preceding school year. 

(bb) The number of children determined 

under subparagraphs (B) and (D)(i) of section 

7003(a)(1) for the agency for the preceding school 

year constituted at least 40 percent of the total 

student enrollment in the schools of the agency 

during the preceding school year. 


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(cc) Not less than 10 percent of the property 

acreage in the agency is exempt from State and 

local taxation under Federal law. 

(II) The agency (or in the case of a local educational agency that does not have the authority to tax 

or issue bonds, the agency’s fiscal agent) is at not less 

than 75 percent of the agency’s limit of bonded indebtedness. 

(III) The agency has an assessed value of real 

property per student that may be taxed for school purposes that is less than the average of the assessed 

value of real property per student that may be taxed 

for school purposes in the State in which the local educational agency is located. 

(ii) A local educational agency is also eligible to receive 

a modernization grant under this subparagraph if the 

agency is eligible to receive assistance under section 7002 

for the fiscal year and meets the requirements of subclauses (II) and (III) of clause (i). 

(D) SPECIAL RULE.— (i) IN GENERAL.—Any school described in clause 

(ii) that desires to receive an emergency grant or a 

modernization grant under subparagraph (B) or (D) of 

paragraph (2), respectively, shall, except as provided 

in the following sentence, submit an application in accordance with paragraph (6), and shall otherwise be 

treated as a local educational agency for the purpose 

of this subsection. The school shall submit an application for the grant to the local educational agency of 

such school and the agency shall submit the application on behalf of the school to the Secretary. 

(ii) SCHOOL DESCRIBED.—A school described in this 

clause is a school that meets the following requirements: 

(I) The school is located within the geographic 

boundaries of a local educational agency that does 

not meet the applicable eligibility requirements 

under subparagraph (A), (B), or (C) for a grant 

under this subsection. 

(II) The school meets at least one of the following requirements: 

(aa) The number of children determined 

under section 7003(a)(1)(C) for the school for 

the preceding school year constituted at least 

40 percent of the total student enrollment in 

the school during the preceding school year. 

(bb) The number of children determined 

under subparagraphs (B) and (D)(i) of section 

7003(a)(1) for the school for the preceding 

school year constituted at least 40 percent of 

the total student enrollment in the school during the preceding school year. 

(III) The school is located within the geographic boundaries of a local educational agency 


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that meets the requirements of subclauses (II) and 

(III) of subparagraph (C)(i). 

(E) RULE OF CONSTRUCTION.—For purposes of subparagraph (A)(i), a local educational agency— 

(i) has no practical capacity to issue bonds if the 

total assessed value of real property that may be taxed 

for school purposes is less than $25,000,000; and 

(ii) has minimal capacity to issue bonds if the 

total assessed value of real property that may be taxed 

for school purposes is at least $25,000,000 but not 

more than $50,000,000. 

(4) AWARD CRITERIA.—In awarding emergency grants and 

modernization grants under this subsection, the Secretary 

shall consider the following factors: 

(A) The ability of the local educational agency to respond to the emergency, or to pay for the modernization 

project, as the case may be, as measured by— 

(i) the agency’s level of bonded indebtedness; 

(ii) the assessed value of real property per student 

that may be taxed for school purposes compared to the 

average of the assessed value of real property per student that may be taxed for school purposes in the 

State in which the agency is located; 

(iii) the agency’s total tax rate for school purposes 

(or, if applicable, for capital expenditures) compared to 

the average total tax rate for school purposes (or the 

average capital expenditure tax rate, if applicable) in 

the State in which the agency is located; and 

(iv) funds that are available to the agency, from 

any other source, including subsection (a), that may be 

used for capital expenditures. 

(B) The percentage of property in the agency that is 

nontaxable due to the presence of the Federal Government. 

(C) The number and percentages of children described 

in subparagraphs (A), (B), (C), and (D) of section 7003(a)(1) 

served in the school facility with the emergency or served 

in the school facility proposed for modernization, as the 

case may be. 

(D) In the case of an emergency grant, the severity of 

the emergency, as measured by the threat that the condition of the school facility poses to the health, safety, and 

well-being of students. 

(E) In the case of a modernization grant— 

(i) the severity of the need for modernization, as 

measured by such factors as— 

(I) overcrowding, as evidenced by the use of 

portable classrooms, or the potential for future 

overcrowding because of increased enrollment; or 

(II) the agency’s inability to utilize technology 

or offer a curriculum in accordance with contemporary State standards due to the physical limitations of the current school facility; and 


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(ii) the age of the school facility proposed for modernization. 

(5) OTHER AWARD PROVISIONS.— 

(A) GENERAL PROVISIONS.— 

(i) LIMITATIONS ON AMOUNT OF FUNDS.— 

(I) IN GENERAL.—The amount of funds provided under an emergency grant or a modernization grant awarded under this subsection to a 

local educational agency that meets the requirements of subclause (II) or (III) of paragraph 

(3)(A)(i) for purposes of eligibility under subparagraph (A) or (B) of paragraph (3) or that meets the 

requirements of clause (i) or (ii) of paragraph 

(3)(C) for purposes of eligibility under such paragraph (3)(C), or to a school that is eligible under 

paragraph (3)(D)— 

(aa) shall not exceed 50 percent of the 

total cost of the project to be assisted under 

this subsection; and 

(bb) shall not exceed $4,000,000 during 

any 4-year period. 

(II) IN-KIND CONTRIBUTIONS.—A local educational agency may use in-kind contributions to 

meet the matching requirement of subclause 

(I)(aa). 

(ii) PROHIBITIONS ON USE OF FUNDS.—A local educational agency may not use funds provided under an 

emergency grant or modernization grant awarded 

under this subsection for— 

(I) a project for a school facility for which the 

agency does not have full title or other interest; 

(II) stadiums or other school facilities that are 

primarily used for athletic contests, exhibitions, or 

other events for which admission is charged to the 

general public; or 

(III) the acquisition of real property. 

(iii) SUPPLEMENT, NOT SUPPLANT.—A local educational agency shall use funds provided under an 

emergency grant or modernization grant awarded 

under this subsection only to supplement the amount 

of funds that would, in the absence of the Federal 

funds provided under the grant, be made available 

from non-Federal sources to carry out emergency repairs of school facilities or to carry out the modernization of school facilities, as the case may be, and not to 

supplant such funds. 

(iv) MAINTENANCE COSTS.—Nothing in this subsection shall be construed to authorize the payment of 

maintenance costs in connection with any school facility modernized in whole or in part with Federal funds 

provided under this subsection. 

(v) ENVIRONMENTAL SAFEGUARDS.—All projects 

carried out with Federal funds provided under this 


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subsection shall comply with all relevant Federal, 

State, and local environmental laws and regulations. 

(vi) CARRY-OVER OF CERTAIN APPLICATIONS.—A 

local educational agency that applies for an emergency 

grant or a modernization grant under this subsection 

for a fiscal year and does not receive the grant for the 

fiscal year shall have the application for the grant considered for the following fiscal year, subject to the priority requirements of paragraph (2) and the award criteria requirements of paragraph (4). 

(B) EMERGENCY GRANTS; PROHIBITION ON USE OF

FUNDS.—A local educational agency that is awarded an 

emergency grant under this subsection may not use 

amounts under the grant for the complete or partial replacement of an existing school facility unless such replacement is less expensive or more cost-effective than correcting the identified emergency. 

(6) APPLICATION.—A local educational agency that desires 

to receive an emergency grant or a modernization grant under 

this subsection shall submit an application to the Secretary at 

such timeand in such manner as the Secretary may require. 

Each application shall contain the following: 

(A) A description of how the local educational agency 

meets the award criteria under paragraph (4), including 

the information described in clauses (i) through (iv) of 

paragraph (4)(A) and subparagraphs (B) and (C) of paragraph (4), and containing such additional information as 

may be necessary to meet any award criteria for a grant 

under this subsection as provided by any other Act. 

(B) In the case of an application for an emergency 

grant— 

(i) a description of the school facility deficiency 

that poses a health or safety hazard to the occupants 

of the facility and a description of how the deficiency 

will be repaired; and 

(ii) a signed statement from an appropriate local 

official certifying that a deficiency in the school facility 

threatens the health or safety of the occupants of the 

facility or that prevents the use of all or a portion of 

the building. 

(C) In the case of an application for a modernization 

grant— 

(i) an explanation of the need for the school facility modernization project; 

(ii) the date on which original construction of the 

facility to be modernized was completed; 

(iii) a listing of the school facilities to be modernized, including the number and percentage of children 

determined under section 7003(a)(1) in average daily 

attendance in each school facility; and 

(iv) a description of the ownership of the property 

on which the current school facility is located or on 

which the planned school facility will be located. 


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(D) A description of the project for which a grant 

under this subsection will be used, including a cost estimate for the project. 

(E) A description of the interest in, or authority over, 

the school facility involved, such as an ownership interest 

or a lease arrangement. 

SEC. 7008. ø20 U.S.C. 7708¿ FACILITIES. 

(a) CURRENT FACILITIES.—From the amount appropriated for 

any fiscal year under section 7014(e), the Secretary may continue 

to provide assistance for school facilities that were supported by 

the Secretary under section 10 of the Act of September 23, 1950 

(Public Law 815, 81st Congress) (as such Act was in effect on the 

day preceding the date of the enactment of the Improving America’s Schools Act of 1994). 

(b) TRANSFER OF FACILITIES.— 

(1) IN GENERAL.—The Secretary shall, as soon as practicable, transfer to the appropriate local educational agency or 

another appropriate entity all the right, title, and interest of 

the United States in and to each facility provided under section 

10 of the Act of September 23, 1950 (Public Law 815, 81st Congress), or under section 204 or 310 of the Act of September 30, 

1950 (Public Law 874, 81st Congress) (as such Acts were in effect on January 1, 1958). 

(2) OTHER REQUIREMENTS.—Any such transfer shall be 

without charge to such agency or entity, and prior to such 

transfer, the transfer shall be consented to by the local educational agency or other appropriate entity, and may be made 

on such terms and conditions as the Secretary deems appropriate to carry out the purposes of this title. 

SEC. 7009. ø20 U.S.C. 7709¿ STATE CONSIDERATION OF PAYMENTS IN 

PROVIDING STATE AID. 

(a) GENERAL PROHIBITION.—Except as provided in subsection 

(b), a State may not— 

(1) consider payments under this title in determining for 

any fiscal year— 

(A) the eligibility of a local educational agency for 

State aid for free public education; or 

(B) the amount of such aid; or 

(2) make such aid available to local educational agencies 

in a manner that results in less State aid to any local educational agency that is eligible for such payment than such 

agency would receive if such agency were not so eligible. 

(b) STATE EQUALIZATION PLANS.— (1) IN GENERAL.—A State may reduce State aid to a local 

educational agency that receives a payment under section 7002 

or 7003(b) (except the amount calculated in excess of 1.0 under 

section 7003(a)(2)(B) and, with respect to a local educational 

agency that receives a payment under section 7003(b)(2), the 

amount in excess of the amount that the agency would receive 

if the agency were deemed to be an agency eligible to receive 

a payment under section 7003(b)(1) and not section 7003(b)(2)) 

for any fiscal year if the Secretary determines, and certifies 

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gram of State aid that equalizes expenditures for free public 

education among local educational agencies in the State. 

(2) COMPUTATION.— 

(A) IN GENERAL.—For purposes of paragraph (1), a 

program of State aid equalizes expenditures among local 

educational agencies if, in the second fiscal year preceding 

the fiscal year for which the determination is made, the 

amount of per-pupil expenditures made by, or per-pupil 

revenues available to, the local educational agency in the 

State with the highest such per-pupil expenditures or revenues did not exceed the amount of such per-pupil expenditures made by, or per-pupil revenues available to, the local 

educational agency in the State with the lowest such expenditures or revenues by more than 25 percent. 

(B) OTHER FACTORS.—In making a determination 

under this subsection, the Secretary shall— 

(i) disregard local educational agencies with perpupil expenditures or revenues above the 95th percentile or below the 5th percentile of such expenditures or revenues in the State; and 

(ii) take into account the extent to which a program of State aid reflects the additional cost of providing free public education in particular types of local 

educational agencies, such as those that are geographically isolated, or to particular types of students, 

such as children with disabilities. 

(3) EXCEPTION.—Notwithstanding paragraph (2), if the 

Secretary determines that the State has substantially revised 

its program of State aid, the Secretary may certify such program for any fiscal year only if— 

(A) the Secretary determines, on the basis of projected 

data, that the State’s program will meet the disparity 

standard described in paragraph (2) for the fiscal year for 

which the determination is made; and 

(B) the State provides an assurance to the Secretary 

that, if final data do not demonstrate that the State’s program met such standard for the fiscal year for which the 

determination is made, the State will pay to each affected 

local educational agency the amount by which the State reduced State aid to the local educational agency. 

(c) PROCEDURES FOR REVIEW OF STATE EQUALIZATION PLANS.— 

(1) WRITTEN NOTICE.— 

(A) IN GENERAL.—Any State that wishes to consider 

payments described in subsection (b)(1) in providing State 

aid to local educational agencies shall submit to the Secretary, not later than 120 days before the beginning of the 

State’s fiscal year, a written notice of such State’s intention to do so. 

(B) CONTENTS.—Such notice shall be in the form that 

the Secretary requires, including evidence that the State 

has notified each local educational agency in the State of 

such State’s intention to consider such payments in providing State aid. 


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(2) OPPORTUNITY TO PRESENT VIEWS.—Before making a determination under subsection (b), the Secretary shall afford the 

State, and local educational agencies in the State, an opportunity to present their views. 

(3) QUALIFICATION PROCEDURES.—If the Secretary determines that a program of State aid qualifies under subsection 

(b), the Secretary shall— 

(A) certify the program and so notify the State; and 

(B) afford an opportunity for a hearing, in accordance 

with section 7011(a), to any local educational agency adversely affected by such certification. 

(4) NON-QUALIFICATION PROCEDURES.—If the Secretary determines that a program of State aid does not qualify under 

subsection (b), the Secretary shall— 

(A) so notify the State; and 

(B) afford an opportunity for a hearing, in accordance 

with section 7011(a), to the State, and to any local educational agency adversely affected by such determination. 

(d) TREATMENT OF STATE AID.— 

(1) IN GENERAL.—If a State has in effect a program of 

State aid for free public education for any fiscal year, which is 

designed to equalize expenditures for free public education 

among the local educational agencies of that State, payments 

under this title for any fiscal year may be taken into consideration by such State in determining the relative— 

(A) financial resources available to local educational 

agencies in that State; and 

(B) financial need of such agencies for the provision of 

free public education for children served by such agency, 

except that a State may consider as local resources funds 

received under this title only in proportion to the share 

that local tax revenues covered under a State equalization 

program are of total local tax revenues. 

(2) PROHIBITION.—A State may not take into consideration 

payments under this title before such State’s program of State 

aid has been certified by the Secretary under subsection (c)(3). 

(e) REMEDIES FOR STATE VIOLATIONS.— 

(1) IN GENERAL.—The Secretary or any aggrieved local 

educational agency may, not earlier than 150 days after an adverse determination by the Secretary against a State for violation of subsections (a) or (d)(2) or for failure to carry out an assurance under subsection (b)(3)(B), and if an administrative 

proceeding has not been concluded within such time, bring an 

action in a United States district court against such State for 

such violations or failure. 

(2) IMMUNITY.—A State shall not be immune under the 

11th amendment to the Constitution of the United States from 

an action described in paragraph (1). 

(3) RELIEF.—The court shall grant such relief as the court 

determines is appropriate. 


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SEC. 7010. ø20 U.S.C. 7710¿ FEDERAL ADMINISTRATION. 

(a) PAYMENTS IN WHOLE DOLLAR AMOUNTS.—The Secretary 

shall round any payments under this title to the nearest whole dollar amount. 

(b) OTHER AGENCIES.—Each Federal agency administering 

Federal property on which children reside, and each agency principally responsible for an activity that may occasion assistance 

under this title, shall, to the maximum extent practicable, comply 

with requests of the Secretary for information the Secretary may 

require to carry out this title. 

(c) SPECIAL RULES.— (1) CERTAIN CHILDREN ELIGIBLE UNDER SUBPARAGRAPHS (A)

AND (G)(ii) OF SECTION 7003(a)(1).—(A) The Secretary shall treat 

as eligible under subparagraph (A) of section 7003(a)(1) any 

child who would be eligible under such subparagraph except 

that the Federal property on which the child resides or on 

which the child’s parent is employed is not in the same State 

in which the child attends school, if such child meets the requirements of paragraph (2). 

(B) The Secretary shall treat as eligible under subparagraph (G) of section 7003(a)(1) any child who would be eligible 

under such subparagraph except that such child does not meet 

the requirements of clause (ii) of such subparagraph, if such 

child meets the requirements of paragraph (2). 

(2) REQUIREMENTS.—A child meets the requirements of 

this paragraph if— 

(A) such child resides— 

(i) in a State adjacent to the State in which the 

local educational agency serving the school such child 

attends is located; or 

(ii) with a parent employed on Federal property in 

a State adjacent to the State in which such agency is 

located; 

(B) the schools of such agency are within a more reasonable commuting distance of such child’s home than the 

schools of the local educational agency that serves the 

school attendance area where such child resides; 

(C) attending the schools of the local educational agency that serves the school attendance area where such child 

resides will impose a substantial hardship on such child; 

(D) the State in which such child attends school provides funds for the education of such child on the same 

basis as all other public school children in the State, unless otherwise permitted under section 7009(b) of this title; 

and 

(E) such agency received a payment for fiscal year 

1999 under section 7003(b) on behalf of children described 

in paragraph (1). 

(d) TIMELY PAYMENTS.— 

(1) IN GENERAL.—Subject to paragraph (2), the Secretary 

shall pay a local educational agency the full amount that the 

agency is eligible to receive under this title for a fiscal year not 

later than September 30 of the second fiscal year following the 

fiscal year for which such amount has been appropriated if, not 


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later than 1 calendar year following the fiscal year in which 

such amount has been appropriated, such local educational 

agency submits to the Secretary all the data and information 

necessary for the Secretary to pay the full amount that the 

agency is eligible to receive under this title for such fiscal year. 

(2) PAYMENTS WITH RESPECT OF FISCAL YEARS IN WHICH INSUFFICIENT FUNDS ARE APPROPRIATED.—For a fiscal year in 

which the amount appropriated under section 7014 is insufficient to pay the full amount a local educational agency is eligible to receive under this title, paragraph (1) shall be applied 

by substituting ‘‘is available to pay the agency’’ for ‘‘the agency 

is eligible to receive’’ each place the term appears. 

SEC. 7011. ø20 U.S.C. 7711¿ ADMINISTRATIVE HEARINGS AND JUDICIAL 

REVIEW. 

(a) ADMINISTRATIVE HEARINGS.—A local educational agency 

and a State that is adversely affected by any action of the Secretary under this title shall be entitled to a hearing on such action 

in the same manner as if such agency were a person under chapter 

5 of title 5, United States Code if the local educational agency or 

State, as the case may be, submits to the Secretary a request for 

the hearing not later than 60 days after the date of the action of 

the Secretary under this title. 

(b) JUDICIAL REVIEW OF SECRETARIAL ACTION.— (1) IN GENERAL.—A local educational agency or a State aggrieved by the Secretary’s final decision following an agency 

proceeding under subsection (a) may, within 30 working days 

(as determined by the local educational agency or State) after 

receiving notice of such decision, file with the United States 

court of appeals for the circuit in which such agency or State 

is located a petition for review of that action. The clerk of the 

court shall promptly transmit a copy of the petition to the Secretary. The Secretary shall then file in the court the record of 

the proceedings on which the Secretary’s action was based, as 

provided in section 2112 of title 28, United States Code. 

(2) FINDINGS OF FACT.—The findings of fact by the Secretary, if supported by substantial evidence, shall be conclusive, but the court, for good cause shown, may remand the case 

to the Secretary to take further evidence. The Secretary may 

thereupon make new or modified findings of fact and may modify the Secretary’s previous action, and shall file in the court 

the record of the further proceedings. Such new or modified 

findings of fact shall likewise be conclusive if supported by substantial evidence. 

(3) REVIEW.—The court shall have exclusive jurisdiction to 

affirm the action of the Secretary or to set it aside, in whole 

or in part. The judgment of the court shall be subject to review 

by the Supreme Court of the United States upon certiorari or 

certification as provided in section 1254 of title 28, United 

States Code. 

SEC. 7012. ø20 U.S.C. 7712¿ FORGIVENESS OF OVERPAYMENTS. 

Notwithstanding any other provision of law, the Secretary may 

forgive the obligation of a local educational agency to repay, in 

whole or in part, the amount of any overpayment received under 


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this title, or under this title’s predecessor authorities, if the Secretary determines that the overpayment was made as a result of 

an error made by— 

(1) the Secretary; or 

(2) the local educational agency and repayment of the full 

amount of the overpayment will result in an undue financial 

hardship on the agency and seriously harm the agency’s educational program. 

SEC. 7013. ø20 U.S.C. 7713¿ DEFINITIONS. 

For purposes of this title: 

(1) ARMED FORCES.—The term ‘‘Armed Forces’’ means the 

Army, Navy, Air Force, Marine Corps, and Coast Guard. 

(2) AVERAGE PER-PUPIL EXPENDITURE.—The term ‘‘average 

per-pupil expenditure’’ means— 

(A) the aggregate current expenditures of all local educational agencies in the State; divided by 

(B) the total number of children in average daily attendance for whom such agencies provided free public education. 

(3) CONSTRUCTION.—The term ‘‘construction’’ means— 

(A) the preparation of drawings and specifications for 

school facilities; 

(B) erecting, building, acquiring, altering, remodeling, 

repairing, or extending school facilities; 

(C) inspecting and supervising the construction of 

school facilities; and 

(D) debt service for such activities. 

(4) CURRENT EXPENDITURES.—The term ‘‘current expenditures’’ means expenditures for free public education, including 

expenditures for administration, instruction, attendance and 

health services, pupil transportation services, operation and 

maintenance of plant, fixed charges, and net expenditures to 

cover deficits for food services and student body activities, but 

does not include expenditures for community services, capital 

outlay, and debt service, or any expenditures made from funds 

awarded under part A of title I. The determination of whether 

an expenditure for the replacement of equipment is considered 

a current expenditure or a capital outlay shall be determined 

in accordance with generally accepted accounting principles as 

determined by the State. 

(5) FEDERAL PROPERTY.— (A) IN GENERAL.—Except as provided in subparagraphs (B) through (F), the term ‘‘Federal property’’ means 

real property that is not subject to taxation by any State 

or any political subdivision of a State due to Federal agreement, law, or policy, and that is— 

(i) owned by the United States or leased by the 

United States from another entity; 

(ii)(I) held in trust by the United States for individual Indians or Indian tribes; 

(II) held by individual Indians or Indian tribes 

subject to restrictions on alienation imposed by the 

United States; 


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(III) conveyed at any time under the Alaska 

Native Claims Settlement Act to a Native individual, Native group, or village or regional corporation (including single family occupancy properties that may have been subsequently sold or 

leased to a third party), except that property that 

is conveyed under such Act— 

(aa) that is not taxed is, for the purposes 

of this paragraph, considered tax-exempt due 

to Federal law; and 

(bb) is considered Federal property for the 

purpose of this paragraph if the property is 

located within a Regional Educational Attendance Area that has no taxing power; 

(IV) public land owned by the United States that 

is designated for the sole use and benefit of individual 

Indians or Indian tribes; or 

(V) used for low-rent housing, as described in 

paragraph (10), that is located on land described in 

subclause (I), (II), (III), or (IV) of this clause or on land 

that met one of those descriptions immediately before 

such property’s use for such housing; 

(iii)(I) part of a low-rent housing project assisted 

under the United States Housing Act of 1937; 

(II) used to provide housing for homeless children 

at closed military installations pursuant to section 501 

of the McKinney-Vento Homeless Assistance Act (42 

U.S.C. 11411); or 

(III) used for affordable housing assisted under 

the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.); or 

(iv) owned by a foreign government or by an international organization. 

(B) SCHOOLS PROVIDING FLIGHT TRAINING TO MEMBERS

OF AIR FORCE.—The term ‘‘Federal property’’ includes, so 

long as not subject to taxation by any State or any political 

subdivision of a State, and whether or not that tax exemption is due to Federal agreement, law, or policy, any school 

providing flight training to members of the Air Force 

under contract with the Air Force at an airport owned by 

a State or political subdivision of a State. 

(C) NON-FEDERAL EASEMENTS, LEASES, LICENSES, PERMITS, IMPROVEMENTS, AND CERTAIN OTHER REAL PROPERTY.—The term ‘‘Federal property’’ includes, whether or 

not subject to taxation by a State or a political subdivision 

of a State— 

(i) any non-Federal easement, lease, license, permit, or other such interest in Federal property as otherwise described in this paragraph, but not including 

any non-Federal fee-simple interest; 

(ii) any improvement on Federal property as otherwise described in this paragraph; and 

(iii) real property that, immediately before its sale 

or transfer to a non-Federal party, was owned by the 


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United States and otherwise qualified as Federal property described in this paragraph, but only for one year 

beyond the end of the fiscal year of such sale or transfer. 

(D) CERTAIN POSTAL SERVICE PROPERTY AND PIPELINES

AND UTILITY LINES.—Notwithstanding any other provision 

of this paragraph, the term ‘‘Federal property’’ does not include— 

(i) any real property under the jurisdiction of the 

United States Postal Service that is used primarily for 

the provision of postal services; or 

(ii) pipelines and utility lines. 

(E) PROPERTY WITH RESPECT TO WHICH STATE OR

LOCAL TAX REVENUES MAY NOT BE EXPENDED, ALLOCATED, OR AVAILABLE FOR FREE PUBLIC EDUCATION.—Notwithstanding any other provision of this paragraph, ‘‘Federal 

property’’ does not include any property on which children 

reside that is otherwise described in this paragraph if— 

(i) no tax revenues of the State or of any political 

subdivision of the State may be expended for the free 

public education of children who reside on that Federal property; or 

(ii) no tax revenues of the State are allocated or 

available for the free public education of such children. 

(F) PROPERTY LOCATED IN THE STATE OF OKLAHOMA

OWNED BY INDIAN HOUSING AUTHORITY FOR LOW-INCOME

HOUSING.—The term ‘‘Federal property’’ includes any real 

property located in the State of Oklahoma that— 

(i) is owned by an Indian housing authority and 

used for low-income housing (including housing assisted under or authorized by the Native American 

Housing Assistance and Self-Determination Act of 

1996); and 

(ii) at any time— 

(I) was designated by treaty as tribal land; or 

(II) satisfied the definition of Federal property 

under section 403(1)(A) of the Act of September 

30, 1950 (Public Law 874, 81st Congress) (as such 

Act was in effect on the day preceding the date of 

enactment of the Improving America’s Schools Act 

of 1994). 

(6) FREE PUBLIC EDUCATION.—The term ‘‘free public education’’ means education that is provided— 

(A) at public expense, under public supervision and direction, and without tuition charge; and 

(B) as elementary or secondary education, as determined under State law, except that, notwithstanding State 

law, such term— 

(i) includes preschool education; and 

(ii) does not include any education provided beyond grade 12. 

(7) INDIAN LANDS.—The term ‘‘Indian lands’’ means any 

Federal property described in paragraph (5)(A)(ii) or (5)(F). 

(8) LOCAL CONTRIBUTION PERCENTAGE.— 


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(A) IN GENERAL.—The term ‘‘local contribution percentage’’ means the percentage of current expenditures in 

the State derived from local and intermediate sources, as 

reported to and verified by the National Center for Education Statistics. 

(B) HAWAII AND DISTRICT OF COLUMBIA.—Notwithstanding subparagraph (A), the local contribution percentage for Hawaii and for the District of Columbia shall be 

the average local contribution percentage for the 50 States 

and the District of Columbia. 

(9) LOCAL EDUCATIONAL AGENCY.— (A) IN GENERAL.—Except as provided in subparagraph 

(B), the term ‘‘local educational agency’’— 

(i) means a board of education or other legally 

constituted local school authority having administrative control and direction of free public education in a 

county, township, independent school district, or other 

school district; and 

(ii) includes any State agency that directly operates and maintains facilities for providing free public 

education. 

(B) EXCEPTION.—The term ‘‘local educational agency’’ 

does not include any agency or school authority that the 

Secretary determines on a case-by-case basis— 

(i) was constituted or reconstituted primarily for 

the purpose of receiving assistance under this title or 

the Act of September 30, 1950 (Public Law 874, 81st 

Congress) (as such Act was in effect on the day preceding the date of enactment of the Improving America’s Schools Act of 1994) or increasing the amount of 

such assistance; or 

(ii) is not constituted or reconstituted for legitimate educational purposes. 

(10) LOW-RENT HOUSING.—The term ‘‘low-rent housing’’ 

means housing located on property that is described in paragraph (5)(A)(iii). 

(11) MODERNIZATION.—The term ‘‘modernization’’ means 

repair, renovation, alteration, or construction, including— 

(A) the concurrent installation of equipment; and 

(B) the complete or partial replacement of an existing 

school facility, but only if such replacement is less expensive and more cost-effective than repair, renovation, or alteration of the school facility. 

(12) REVENUE DERIVED FROM LOCAL SOURCES.—The term 

‘‘revenue derived from local sources’’ means— 

(A) revenue produced within the boundaries of a local 

educational agency and available to such agency for such 

agency’s use; or 

(B) funds collected by another governmental unit, but 

distributed back to a local educational agency in the same 

proportion as such funds were collected as a local revenue 

source. 

(13) SCHOOL FACILITIES.—The term ‘‘school facilities’’ includes— 


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(A) classrooms and related facilities; and 

(B) equipment, machinery, and utilities necessary or 

appropriate for school purposes. 

SEC. 7014. ø20 U.S.C. 7714¿ AUTHORIZATION OF APPROPRIATIONS. 

(a) PAYMENTS FOR FEDERAL ACQUISITION OF REAL PROPERTY.— For the purpose of making payments under section 7002, there are 

authorized to be appropriated $66,813,000 for each of fiscal years 

2017 through 2019, and $71,997,917 for fiscal year 2020. 

(b) BASIC PAYMENTS; PAYMENTS FOR HEAVILY IMPACTED LOCAL

EDUCATIONAL AGENCIES.—For the purpose of making payments 

under section 7003(b), there are authorized to be appropriated 

$1,151,233,000 for each of fiscal years 2017 through 2019, and 

$1,240,572,618 for fiscal year 2020. 

(c) PAYMENTS FOR CHILDREN WITH DISABILITIES.—For the purpose of making payments under section 7003(d), there are authorized to be appropriated $48,316,000 for each of fiscal years 2017 

through 2019, and $52,065,487 for fiscal year 2020. 

(d) CONSTRUCTION.—For the purpose of carrying out section 7007, there are authorized to be appropriated $17,406,000 for each 

of fiscal years 2017 through 2019, and $18,756,765 for fiscal year 

2020. 

(e) FACILITIES MAINTENANCE.—For the purpose of carrying out section 7008, there are authorized to be appropriated $4,835,000 

for each of fiscal years 2017 through 2019, and $5,210,213 for fiscal 

year 2020. 

TITLE VIII—GENERAL PROVISIONS 

PART A—DEFINITIONS 

SEC. 8101. ø20 U.S.C. 7801¿ DEFINITIONS. 

Except as otherwise provided, in this Act: 

(1) AVERAGE DAILY ATTENDANCE.— (A) IN GENERAL.—Except as provided otherwise by 

State law or this paragraph, the term ‘‘average daily attendance’’ means— 

(i) the aggregate number of days of attendance of 

all students during a school year; divided by 

(ii) the number of days school is in session during 

that year. 

(B) CONVERSION.—The Secretary shall permit the conversion of average daily membership (or other similar 

data) to average daily attendance for local educational 

agencies in States that provide State aid to local educational agencies on the basis of average daily membership 

(or other similar data). 

(C) SPECIAL RULE.—If the local educational agency in 

which a child resides makes a tuition or other payment for 

the free public education of the child in a school located in 

another school district, the Secretary shall, for the purpose 

of this Act— 

(i) consider the child to be in attendance at a 

school of the agency making the payment; and 


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(ii) not consider the child to be in attendance at a 

school of the agency receiving the payment. 

(D) CHILDREN WITH DISABILITIES.—If a local educational agency makes a tuition payment to a private 

school or to a public school of another local educational 

agency for a child with a disability, as defined in section 

602 of the Individuals with Disabilities Education Act, the 

Secretary shall, for the purpose of this Act, consider the 

child to be in attendance at a school of the agency making 

the payment. 

(2) AVERAGE PER-PUPIL EXPENDITURE.—The term ‘‘average 

per-pupil expenditure’’ means, in the case of a State or of the 

United States— 

(A) without regard to the source of funds— 

(i) the aggregate current expenditures, during the 

third fiscal year preceding the fiscal year for which the 

determination is made (or, if satisfactory data for that 

year are not available, during the most recent preceding fiscal year for which satisfactory data are available) of all local educational agencies in the State or, 

in the case of the United States, for all States (which, 

for the purpose of this paragraph, means the 50 States 

and the District of Columbia); plus 

(ii) any direct current expenditures by the State 

for the operation of those agencies; divided by 

(B) the aggregate number of children in average daily 

attendance to whom those agencies provided free public 

education during that preceding year. 

(3) CHILD.—The term ‘‘child’’ means any person within the 

age limits for which the State provides free public education. 

(4) CHILD WITH A DISABILITY.—The term ‘‘child with a disability’’ has the same meaning given that term in section 602 

of the Individuals with Disabilities Education Act. 

(5) COMMUNITY-BASED ORGANIZATION.—The term ‘‘community-based organization’’ means a public or private nonprofit 

organization of demonstrated effectiveness that— 

(A) is representative of a community or significant segments of a community; and 

(B) provides educational or related services to individuals in the community. 

(6) CONSOLIDATED LOCAL APPLICATION.—The term ‘‘consolidated local application’’ means an application submitted by a 

local educational agency pursuant to section 8305. 

(7) CONSOLIDATED LOCAL PLAN.—The term ‘‘consolidated 

local plan’’ means a plan submitted by a local educational 

agency pursuant to section 8305. 

(8) CONSOLIDATED STATE APPLICATION.—The term ‘‘consolidated State application’’ means an application submitted by a 

State educational agency pursuant to section 8302. 

(9) CONSOLIDATED STATE PLAN.—The term ‘‘consolidated 

State plan’’ means a plan submitted by a State educational 

agency pursuant to section 8302. 


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(10) COUNTY.—The term ‘‘county’’ means one of the divisions of a State used by the Secretary of Commerce in compiling and reporting data regarding counties. 

(11) COVERED PROGRAM.—The term ‘‘covered program’’ 

means each of the programs authorized by— 

(A) part A of title I; 

(B) part C of title I; 

(C) part D of title I; 

(D) part A of title II; 

(E) part A of title III; 

(F) part A of title IV; 

(G) part B of title IV; and 

(H) subpart 2 of part B of title V. 

(12) CURRENT EXPENDITURES.—The term ‘‘current expenditures’’ means expenditures for free public education— 

(A) including expenditures for administration, instruction, attendance and health services, pupil transportation 

services, operation and maintenance of plant, fixed 

charges, and net expenditures to cover deficits for food 

services and student body activities; but 

(B) not including expenditures for community services, 

capital outlay, and debt service, or any expenditures made 

from funds received under title I. 

(13) DEPARTMENT.—The term ‘‘Department’’ means the Department of Education. 

(14) DISTANCE LEARNING.—The term ‘‘distance learning’’ 

means the transmission of educational or instructional programming to geographically dispersed individuals and groups 

via telecommunications. 

(15) DUAL OR CONCURRENT ENROLLMENT PROGRAM.—The 

term ‘‘dual or concurrent enrollment program’’ means a program offered by a partnership between at least one institution 

of higher education and at least one local educational agency 

through which a secondary school student who has not graduated from high school with a regular high school diploma is 

able to enroll in one or more postsecondary courses and earn 

postsecondary credit that— 

(A) is transferable to the institutions of higher education in the partnership; and 

(B) applies toward completion of a degree or recognized educational credential as described in the Higher 

Education Act of 1965 (20 U.S.C. 1001 et seq.). 

(16) EARLY CHILDHOOD EDUCATION PROGRAM.—The term 

‘‘early childhood education program’’ has the meaning given 

the term in section 103 of the Higher Education Act of 1965 

(20 U.S.C. 1003). 

(17) EARLY COLLEGE HIGH SCHOOL.—The term ‘‘early college high school’’ means a partnership between at least one 

local educational agency and at least one institution of higher 

education that allows participants to simultaneously complete 

requirements toward earning a regular high school diploma 

and earn not less than 12 credits that are transferable to the 

institutions of higher education in the partnership as part of 


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an organized course of study toward a postsecondary degree or 

credential at no cost to the participant or participant’s family. 

(18) EDUCATIONAL SERVICE AGENCY.—The term ‘‘educational service agency’’ means a regional public multiservice 

agency authorized by State statute to develop, manage, and 

provide services or programs to local educational agencies. 

(19) ELEMENTARY SCHOOL.—The term ‘‘elementary school’’ 

means a nonprofit institutional day or residential school, including a public elementary charter school, that provides elementary education, as determined under State law. 

(20) ENGLISH LEARNER.—The term ‘‘English learner’’, when 

used with respect to an individual, means an individual— 

(A) who is aged 3 through 21; 

(B) who is enrolled or preparing to enroll in an elementary school or secondary school; 

(C)(i) who was not born in the United States or whose 

native language is a language other than English; 

(ii)(I) who is a Native American or Alaska Native, or 

a native resident of the outlying areas; and 

(II) who comes from an environment where a language 

other than English has had a significant impact on the individual’s level of English language proficiency; or 

(iii) who is migratory, whose native language is a language other than English, and who comes from an environment where a language other than English is dominant; 

and 

(D) whose difficulties in speaking, reading, writing, or 

understanding the English language may be sufficient to 

deny the individual— 

(i) the ability to meet the challenging State academic standards; 

(ii) the ability to successfully achieve in classrooms where the language of instruction is English; or 

(iii) the opportunity to participate fully in society. 

(21) EVIDENCE-BASED.— 

(A) IN GENERAL.—Except as provided in subparagraph 

(B), the term ‘‘evidence-based’’, when used with respect to 

a State, local educational agency, or school activity, means 

an activity, strategy, or intervention that— 

(i) demonstrates a statistically significant effect on 

improving student outcomes or other relevant outcomes based on— 

(I) strong evidence from at least 1 well-designed and well-implemented experimental study; 

(II) moderate evidence from at least 1 well-designed and well-implemented quasi-experimental 

study; or 

(III) promising evidence from at least 1 welldesigned and well-implemented correlational 

study with statistical controls for selection bias; or 

(ii)(I) demonstrates a rationale based on highquality research findings or positive evaluation that 

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11Margin for subclause (II) of clause (ii) is so in law. 

prove student outcomes or other relevant outcomes; 

and 

(II) 11 includes ongoing efforts to examine the 

effects of such activity, strategy, or intervention. 

(B) DEFINITION FOR SPECIFIC ACTIVITIES FUNDED

UNDER THIS ACT.—When used with respect to interventions 

or improvement activities or strategies funded under section 1003, the term ‘‘evidence-based’’ means a State, local 

educational agency, or school activity, strategy, or intervention that meets the requirements of subclause (I), (II), 

or (III) of subparagraph (A)(i). 

(22) EXPANDED LEARNING TIME.—The term ‘‘expanded 

learning time’’ means using a longer school day, week, or year 

schedule to significantly increase the total number of school 

hours, in order to include additional time for— 

(A) activities and instruction for enrichment as part of 

a well-rounded education; and 

(B) instructional and support staff to collaborate, plan, 

and engage in professional development (including professional development on family and community engagement) 

within and across grades and subjects. 

(23) EXTENDED-YEAR ADJUSTED COHORT GRADUATION

RATE.— 

(A) IN GENERAL.—The term ‘‘extended-year adjusted 

cohort graduation rate’’ means the fraction— 

(i) the denominator of which consists of the number of students who form the original cohort of entering first-time students in grade 9 enrolled in the high 

school no later than the date by which student membership data must be collected annually by State educational agencies for submission to the National Center for Education Statistics under section 153 of the 

Education Sciences Reform Act of 2002 (20 U.S.C. 

9543), adjusted by— 

(I) adding the students who joined that cohort, after the date of the determination of the 

original cohort; and 

(II) subtracting only those students who left 

that cohort, after the date of the determination of 

the original cohort, as described in subparagraph 

(B); and 

(ii) the numerator of which— 

(I) consists of the sum of— 

(aa) the number of students in the cohort, 

as adjusted under clause (i), who earned a 

regular high school diploma before, during, or 

at the conclusion of— 

(AA) one or more additional years beyond the fourth year of high school; or 

(BB) a summer session immediately 

following the additional year of high 

school; and 


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(bb) all students with the most significant 

cognitive disabilities in the cohort, as adjusted 

under clause (i), assessed using the alternate 

assessment aligned to alternate academic 

achievement standards under section 

1111(b)(2)(D) and awarded a State-defined alternate diploma that is— 

(AA) standards-based; 

(BB) aligned with the State requirements for the regular high school diploma; and 

(CC) obtained within the time period 

for which the State ensures the availability of a free appropriate public education under section 612(a)(1) of the Individuals with Disabilities Education Act 

(20 U.S.C. 1412(a)(1)); and 

(II) shall not include any student awarded a 

recognized equivalent of a diploma, such as a general equivalency diploma, certificate of completion, 

certificate of attendance, or similar lesser credential. 

(B) COHORT REMOVAL.—To remove a student from a 

cohort, a school or local educational agency shall require 

documentation, or obtain documentation from the State 

educational agency, to confirm that the student has transferred out, emigrated to another country, or transferred to 

a prison or juvenile facility, or is deceased. 

(C) TRANSFERRED OUT.—For purposes of this paragraph, the term ‘‘transferred out’’ has the meaning given 

the term in clauses (i), (ii), and (iii) of paragraph (25)(C). 

(D) SPECIAL RULES.— 

(i) SCHOOLS STARTING AFTER GRADE 9.—For those 

high schools that start after grade 9, the original cohort shall be calculated for the earliest high school 

grade students attend no later than the date by which 

student membership data is collected annually by 

State educational agencies for submission to the National Center for Education Statistics pursuant to section 153 of the Education Sciences Reform Act of 2002 

(20 U.S.C. 9543). 

(ii) VERY SMALL SCHOOLS.—A State educational 

agency may calculate the extended year adjusted cohort graduation rate described under this paragraph 

for a high school with an average enrollment over a 4- 

year period of less than 100 students for the purposes 

of section 1111(c)(4) by— 

(I) averaging the extended-year adjusted cohort graduation rate of the school over a period of 

three years; or 

(II) establishing a minimum number of students that must be included in the cohort described in clause (i) of subparagraph (A) that will 

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termined by the Secretary, below which the school 

shall be exempt from differentiation and identification under such section. 

(24) FAMILY LITERACY SERVICES.—The term ‘‘family literacy services’’ means services provided to participants on a 

voluntary basis that are of sufficient intensity in terms of 

hours, and of sufficient duration, to make sustainable changes 

in a family, and that integrate all of the following activities: 

(A) Interactive literacy activities between parents and 

their children. 

(B) Training for parents regarding how to be the primary teacher for their children and full partners in the 

education of their children. 

(C) Parent literacy training that leads to economic 

self-sufficiency. 

(D) An age-appropriate education to prepare children 

for success in school and life experiences. 

(25) FOUR-YEAR ADJUSTED COHORT GRADUATION RATE.— (A) IN GENERAL.—The term ‘‘four-year adjusted cohort 

graduation rate’’ means the fraction— 

(i) the denominator of which consists of the number of students who form the original cohort of entering first-time students in grade 9 enrolled in the high 

school no later than the date by which student membership data is collected annually by State educational 

agencies for submission to the National Center for 

Education Statistics pursuant to section 153 of the 

Education Sciences Reform Act of 2002 (20 U.S.C. 

9543), adjusted by— 

(I) adding the students who joined that cohort, after the date of the determination of the 

original cohort; and 

(II) subtracting only those students who left 

that cohort, after the date of the determination of 

the original cohort, as described in subparagraph 

(B); and 

(ii) the numerator of which— 

(I) consists of the sum of— 

(aa) the number of students in the cohort, 

as adjusted under clause (i), who earned a 

regular high school diploma before, during, or 

at the conclusion of— 

(AA) the fourth year of high school; 

or 

(BB) a summer session immediately 

following the fourth year of high school; 

and 

(bb) all students with the most significant 

cognitive disabilities in the cohort, as adjusted 

under clause (i), assessed using the alternate 

assessment aligned to alternate academic 

achievement standards under section 

1111(b)(2)(D) and awarded a State-defined alternate diploma that is— 


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(AA) standards-based; 

(BB) aligned with the State requirements for the regular high school diploma; and 

(CC) obtained within the time period 

for which the State ensures the availability of a free appropriate public education under section 612(a)(1) of the Individuals with Disabilities Education Act 

(20 U.S.C. 1412(a)(1); and 

(II) shall not include any student awarded a 

recognized equivalent of a diploma, such as a general equivalency diploma, certificate of completion, 

certificate of attendance, or similar lesser credential. 

(B) COHORT REMOVAL.—To remove a student from a 

cohort, a school or local educational agency shall require 

documentation, or obtain documentation from the State 

educational agency, to confirm that the student has transferred out, emigrated to another country, or transferred to 

a prison or juvenile facility, or is deceased. 

(C) TRANSFERRED OUT.— 

(i) IN GENERAL.—For purposes of this paragraph, 

the term ‘‘transferred out’’ means that a student, as 

confirmed by the high school or local educational agency in accordance with clause (ii), has transferred to— 

(I) another school from which the student is 

expected to receive a regular high school diploma; 

or 

(II) another educational program from which 

the student is expected to receive a regular high 

school diploma or an alternate diploma that meets 

the requirements of subparagraph (A)(ii)(I)(bb). 

(ii) CONFIRMATION REQUIREMENTS.— 

(I) DOCUMENTATION REQUIRED.—The confirmation of a student’s transfer to another school 

or educational program described in clause (i) requires documentation of such transfer from the receiving school or program in which the student enrolled. 

(II) LACK OF CONFIRMATION.—A student who 

was enrolled in a high school, but for whom there 

is no confirmation of the student having transferred out, shall remain in the adjusted cohort. 

(iii) PROGRAMS NOT PROVIDING CREDIT Except as 

provided in subparagraph (A)(ii)(I)(bb), a student who 

is retained in grade or who is enrolled in a program 

leading to a general equivalency diploma, or other alternative educational program that does not issue or 

provide credit toward the issuance of a regular high 

school diploma, shall not be considered transferred out 

and shall remain in the adjusted cohort. 

(D) SPECIAL RULES.— 


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(i) SCHOOLS STARTING AFTER GRADE 9.—For those 

high schools that start after grade 9, the original cohort shall be calculated for the earliest high school 

grade students attend no later than the date by which 

student membership data must be collected annually 

by State educational agencies for submission to the 

National Center for Education Statistics pursuant to 

section 153 of the Education Sciences Reform Act of 

2002 (20 U.S.C. 9543). 

(ii) VERY SMALL SCHOOLS.—A State educational 

agency may calculate the four-year adjusted cohort 

graduation rate described under this paragraph for a 

high school with an average enrollment over a 4-year 

period of less than 100 students for the purposes of 

section 1111(c)(4) by— 

(I) averaging the four-year adjusted cohort 

graduation rate of the school over a period of 

three years; or 

(II) establishing a minimum number of students that must be included in the cohort described in clause (i) of subparagraph (A) that will 

provide a valid graduation rate calculation as determined by the Secretary, below which the school 

shall be exempt from differentiation and identification under such section. 

(26) FREE PUBLIC EDUCATION.—The term ‘‘free public education’’ means education that is provided— 

(A) at public expense, under public supervision and direction, and without tuition charge; and 

(B) as elementary school or secondary school education 

as determined under applicable State law, except that the 

term does not include any education provided beyond 

grade 12. 

(27) GIFTED AND TALENTED.—The term ‘‘gifted and talented’’, when used with respect to students, children, or youth, 

means students, children, or youth who give evidence of high 

achievement capability in areas such as intellectual, creative, 

artistic, or leadership capacity, or in specific academic fields, 

and who need services or activities not ordinarily provided by 

the school in order to fully develop those capabilities. 

(28) HIGH SCHOOL.—The term ‘‘high school’’ means a secondary school that— 

(A) grants a diploma, as defined by the State; and 

(B) includes, at least, grade 12. 

(29) INSTITUTION OF HIGHER EDUCATION.—The term ‘‘institution of higher education’’ has the meaning given that term 

in section 101(a) of the Higher Education Act of 1965. 

(30) LOCAL EDUCATIONAL AGENCY.— 

(A) IN GENERAL.—The term ‘‘local educational agency’’ 

means a public board of education or other public authority legally constituted within a State for either administrative control or direction of, or to perform a service function 

for, public elementary schools or secondary schools in a 

city, county, township, school district, or other political 


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12 Casing of the word ‘‘Bureau’’ in the heading for subparagraph (C) is so in law. Should be 

initial cap and all small caps. 

subdivision of a State, or of or for a combination of school 

districts or counties that is recognized in a State as an administrative agency for its public elementary schools or 

secondary schools. 

(B) ADMINISTRATIVE CONTROL AND DIRECTION.—The 

term includes any other public institution or agency having administrative control and direction of a public elementary school or secondary school. 

(C) 12 BUREAU OF INDIAN EDUCATION SCHOOLS.—The 

term includes an elementary school or secondary school 

funded by the Bureau of Indian Education but only to the 

extent that including the school makes the school eligible 

for programs for which specific eligibility is not provided to 

the school in another provision of law and the school does 

not have a student population that is smaller than the student population of the local educational agency receiving 

assistance under this Act with the smallest student population, except that the school shall not be subject to the jurisdiction of any State educational agency other than the 

Bureau of Indian Education. 

(D) EDUCATIONAL SERVICE AGENCIES.—The term includes educational service agencies and consortia of those 

agencies. 

(E) STATE EDUCATIONAL AGENCY.—The term includes 

the State educational agency in a State in which the State 

educational agency is the sole educational agency for all 

public schools. 

(31) MENTORING.—The term ‘‘mentoring’’, except when 

used to refer to teacher mentoring, means a process by which 

a responsible adult, postsecondary student, or secondary school 

student works with a child to provide a positive role model for 

the child, to establish a supportive relationship with the child, 

and to provide the child with academic assistance and exposure 

to new experiences and examples of opportunity that enhance 

the ability of the child to become a responsible adult. 

(32) MIDDLE GRADES.—The term middle grades means any 

of grades 5 through 8. 

(33) MULTI-TIER SYSTEM OF SUPPORTS.—The term ‘‘multitier system of supports’’ means a comprehensive continuum of 

evidence-based, systemic practices to support a rapid response 

to students’ needs, with regular observation to facilitate databased instructional decisionmaking. 

(34) NATIVE AMERICAN AND NATIVE AMERICAN LANGUAGE.— 

The terms ‘‘Native American’’ and ‘‘Native American language’’ 

have the same meaning given those terms in section 103 of the 

Native American Languages Act of 1990. 

(35) OTHER STAFF.—The term ‘‘other staff’’ means specialized instructional support personnel, librarians, career guidance and counseling personnel, education aides, and other instructional and administrative personnel. 

(36) OUTLYING AREA.—The term ‘‘outlying area’’— 


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(A) means American Samoa, the Commonwealth of the 

Northern Mariana Islands, Guam, and the United States 

Virgin Islands; 

(B) means the Republic of Palau, to the extent permitted under section 105(f)(1)(B)(ix) of the Compact of Free 

Association Amendments Act of 2003 (Public Law 108-188; 

117 Stat. 2751) and until an agreement for the extension 

of United States education assistance under the Compact 

of Free Association becomes effective for the Republic of 

Palau; and 

(C) for the purpose of any discretionary grant program 

under this Act, includes the Republic of the Marshall Islands and the Federated States of Micronesia, to the extent permitted under section 105(f)(1)(B)(viii) of the Compact of Free Association Amendments Act of 2003 (Public 

Law 108–188; 117 Stat. 2751). 

(37) PARAPROFESSIONAL.—The term ‘‘paraprofessional’’, 

also known as a ‘‘paraeducator’’, includes an education assistant and instructional assistant. 

(38) PARENT.—The term ‘‘parent’’ includes a legal guardian 

or other person standing in loco parentis (such as a grandparent or stepparent with whom the child lives, or a person 

who is legally responsible for the child’s welfare). 

(39) PARENTAL INVOLVEMENT.—The term ‘‘parental involvement’’ means the participation of parents in regular, two-way, 

and meaningful communication involving student academic 

learning and other school activities, including ensuring— 

(A) that parents play an integral role in assisting their 

child’s learning; 

(B) that parents are encouraged to be actively involved 

in their child’s education at school; 

(C) that parents are full partners in their child’s education and are included, as appropriate, in decisionmaking 

and on advisory committees to assist in the education of 

their child; and 

(D) the carrying out of other activities, such as those 

described in section 1116. 

(40) PAY FOR SUCCESS INITIATIVE.—The term ‘‘pay for success initiative’’ means a performance-based grant, contract, or 

cooperative agreement awarded by a public entity in which a 

commitment is made to pay for improved outcomes that result 

in social benefit and direct cost savings or cost avoidance to the 

public sector. Such an initiative shall include— 

(A) a feasibility study on the initiative describing how 

the proposed intervention is based on evidence of effectiveness; 

(B) a rigorous, third-party evaluation that uses experimental or quasi-experimental design or other research 

methodologies that allow for the strongest possible causal 

inferences to determine whether the initiative has met its 

proposed outcomes; 

(C) an annual, publicly available report on the 

progress of the initiative; and 


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(D) a requirement that payments are made to the recipient of a grant, contract, or cooperative agreement only 

when agreed upon outcomes are achieved, except that the 

entity may make payments to the third party conducting 

the evaluation described in subparagraph (B). 

(41) POVERTY LINE.—The term ‘‘poverty line’’ means the 

poverty line (as defined by the Office of Management and 

Budget and revised annually in accordance with section 673(2) 

of the Community Services Block Grant Act) applicable to a 

family of the size involved. 

(42) PROFESSIONAL DEVELOPMENT.—The term ‘‘professional 

development’’ means activities that— 

(A) are an integral part of school and local educational 

agency strategies for providing educators (including teachers, principals, other school leaders, specialized instructional support personnel, paraprofessionals, and, as applicable, early childhood educators) with the knowledge and 

skills necessary to enable students to succeed in a wellrounded education and to meet the challenging State academic standards; and 

(B) are sustained (not stand-alone, 1-day, or short 

term workshops), intensive, collaborative, job-embedded, 

data-driven, and classroom-focused, and may include activities that— 

(i) improve and increase teachers’— 

(I) knowledge of the academic subjects the 

teachers teach; 

(II) understanding of how students learn; and 

(III) ability to analyze student work and 

achievement from multiple sources, including how 

to adjust instructional strategies, assessments, 

and materials based on such analysis; 

(ii) are an integral part of broad schoolwide and 

districtwide educational improvement plans; 

(iii) allow personalized plans for each educator to 

address the educator’s specific needs identified in observation or other feedback; 

(iv) improve classroom management skills; 

(v) support the recruitment, hiring, and training 

of effective teachers, including teachers who became 

certified through State and local alternative routes to 

certification; 

(vi) advance teacher understanding of— 

(I) effective instructional strategies that are 

evidence-based; and 

(II) strategies for improving student academic 

achievement or substantially increasing the 

knowledge and teaching skills of teachers; 

(vii) are aligned with, and directly related to, academic goals of the school or local educational agency; 

(viii) are developed with extensive participation of 

teachers, principals, other school leaders, parents, representatives of Indian tribes (as applicable), and administrators of schools to be served under this Act; 


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(ix) are designed to give teachers of English learners, and other teachers and instructional staff, the 

knowledge and skills to provide instruction and appropriate language and academic support services to 

those children, including the appropriate use of curricula and assessments; 

(x) to the extent appropriate, provide training for 

teachers, principals, and other school leaders in the 

use of technology (including education about the 

harms of copyright piracy), so that technology and 

technology applications are effectively used in the 

classroom to improve teaching and learning in the curricula and academic subjects in which the teachers 

teach; 

(xi) as a whole, are regularly evaluated for their 

impact on increased teacher effectiveness and improved student academic achievement, with the findings of the evaluations used to improve the quality of 

professional development; 

(xii) are designed to give teachers of children with 

disabilities or children with developmental delays, and 

other teachers and instructional staff, the knowledge 

and skills to provide instruction and academic support 

services, to those children, including positive behavioral interventions and supports, multi-tier system of 

supports, and use of accommodations; 

(xiii) include instruction in the use of data and assessments to inform and instruct classroom practice; 

(xiv) include instruction in ways that teachers, 

principals, other school leaders, specialized instructional support personnel, and school administrators 

may work more effectively with parents and families; 

(xv) involve the forming of partnerships with institutions of higher education, including, as applicable, 

Tribal Colleges and Universities as defined in section 

316(b) of the Higher Education Act of 1965 (20 U.S.C. 

1059c(b)), to establish school-based teacher, principal, 

and other school leader training programs that provide 

prospective teachers, novice teachers, principals, and 

other school leaders with an opportunity to work 

under the guidance of experienced teachers, principals, 

other school leaders, and faculty of such institutions; 

(xvi) create programs to enable paraprofessionals 

(assisting teachers employed by a local educational 

agency receiving assistance under part A of title I) to 

obtain the education necessary for those paraprofessionals to become certified and licensed teachers; 

(xvii) provide follow-up training to teachers who 

have participated in activities described in this paragraph that are designed to ensure that the knowledge 

and skills learned by the teachers are implemented in 

the classroom; and 

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viders, to address the transition to elementary school, 

including issues related to school readiness. 

(43) REGULAR HIGH SCHOOL DIPLOMA.—The term ‘‘regular 

high school diploma’’— 

(A) means the standard high school diploma awarded 

to the preponderance of students in the State that is fully 

aligned with State standards, or a higher diploma, except 

that a regular high school diploma shall not be aligned to 

the alternate academic achievement standards described in 

section 1111(b)(1)(E); and 

(B) does not include a recognized equivalent of a diploma, such as a general equivalency diploma, certificate 

of completion, certificate of attendance, or similar lesser 

credential. 

(44) SCHOOL LEADER.—The term ‘‘school leader’’ means a 

principal, assistant principal, or other individual who is— 

(A) an employee or officer of an elementary school or 

secondary school, local educational agency, or other entity 

operating an elementary school or secondary school; and 

(B) responsible for the daily instructional leadership 

and managerial operations in the elementary school or secondary school building. 

(45) SECONDARY SCHOOL.—The term ‘‘secondary school’’ 

means a nonprofit institutional day or residential school, including a public secondary charter school, that provides secondary education, as determined under State law, except that 

the term does not include any education beyond grade 12. 

(46) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Education. 

(47) SPECIALIZED INSTRUCTIONAL SUPPORT PERSONNEL; SPECIALIZED INSTRUCTIONAL SUPPORT SERVICES.— 

(A) SPECIALIZED INSTRUCTIONAL SUPPORT PERSONNEL.—The term ‘‘specialized instructional support personnel’’ means— 

(i) school counselors, school social workers, and 

school psychologists; and 

(ii) other qualified professional personnel, such as 

school nurses, speech language pathologists, and 

school librarians, involved in providing assessment, diagnosis, counseling, educational, therapeutic, and 

other necessary services (including related services as 

that term is defined in section 602 of the Individuals 

with Disabilities Education Act (20 U.S.C. 1401)) as 

part of a comprehensive program to meet student 

needs. 

(B) SPECIALIZED INSTRUCTIONAL SUPPORT SERVICES.— 

The term ‘‘specialized instructional support services’’ 

means the services provided by specialized instructional 

support personnel. 

(48) STATE.—The term ‘‘State’’ means each of the 50 

States, the District of Columbia, the Commonwealth of Puerto 

Rico, and each of the outlying areas. 

(49) STATE EDUCATIONAL AGENCY.—The term ‘‘State educational agency’’ means the agency primarily responsible for 


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the State supervision of public elementary schools and secondary schools. 

(50) TECHNOLOGY.—The term ‘‘technology’’ means modern 

information, computer and communication technology products, 

services, or tools, including, the Internet and other communications networks, computer devices and other computer and communications hardware, software applications, data systems, 

and other electronic content (including multimedia content) 

and data storage. 

(51) UNIVERSAL DESIGN FOR LEARNING.—The term ‘‘universal design for learning’’ has the meaning given the term in 

section 103 of the Higher Education Act of 1965 (20 U.S.C. 

1003). 

(52) WELL-ROUNDED EDUCATION.—The term ‘‘well-rounded 

education’’ means courses, activities, and programming in subjects such as English, reading or language arts, writing, 

science, technology, engineering, mathematics, foreign languages, civics and government, economics, arts, history, geography, computer science, music, career and technical education, health, physical education, and any other subject, as determined by the State or local educational agency, with the 

purpose of providing all students access to an enriched curriculum and educational experience. 

SEC. 8102. ø20 U.S.C. 7802¿ APPLICABILITY OF TITLE. 

Parts B, C, D, E, and F of this title do not apply to title VII 

of this Act. 

SEC. 8103. ø20 U.S.C. 7803¿ APPLICABILITY TO BUREAU OF INDIAN EDUCATION OPERATED SCHOOLS. 

For the purpose of any competitive program under this Act— 

(1) a consortium of schools operated by the Bureau of Indian Education; 

(2) a school operated under a contract or grant with the 

Bureau of Indian Education in consortium with another contract or grant school or a tribal or community organization; or 

(3) a Bureau of Indian Education school in consortium 

with an institution of higher education, a contract or grant 

school, or a tribal or community organization, 

shall be given the same consideration as a local educational agency. 

PART B—FLEXIBILITY IN THE USE OF 

ADMINISTRATIVE AND OTHER FUNDS 

SEC. 8201. ø20 U.S.C. 7821¿ CONSOLIDATION OF STATE ADMINISTRATIVE FUNDS FOR ELEMENTARY AND SECONDARY EDUCATION PROGRAMS. 

(a) CONSOLIDATION OF ADMINISTRATIVE FUNDS.— 

(1) IN GENERAL.—A State educational agency may consolidate the amounts specifically made available to it for State administration under one or more of the programs under paragraph (2) if the State educational agency can demonstrate that 

the majority of its resources are derived from non-Federal 

sources. 


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(2) APPLICABILITY.—This section applies to any program 

under this Act under which funds are authorized to be used for 

administration, and such other programs as the Secretary may 

designate. 

(b) USE OF FUNDS.— 

(1) IN GENERAL.—A State educational agency shall use the 

amount available under this section for the administration of 

the programs included in the consolidation under subsection 

(a). 

(2) ADDITIONAL USES.—A State educational agency may 

also use funds available under this section for administrative 

activities designed to enhance the effective and coordinated use 

of funds under programs included in the consolidation under 

subsection (a), such as— 

(A) the coordination of those programs with other Federal and non-Federal programs; 

(B) the establishment and operation of peer-review 

mechanisms under this Act; 

(C) the administration of this title; 

(D) the dissemination of information regarding model 

programs and practices; 

(E) technical assistance under any program under this 

Act; 

(F) State-level activities designed to carry out this 

title; 

(G) training personnel engaged in audit and other 

monitoring activities; 

(H) implementation of the Cooperative Audit Resolution and Oversight Initiative of the Department; and 

(I) implementation of fiscal support teams that provide 

technical fiscal support assistance, which shall include 

evaluating fiscal, administrative, and staffing functions, 

and any other key operational function. 

(c) RECORDS.—A State educational agency that consolidates administrative funds under this section shall not be required to keep 

separate records, by individual program, to account for costs relating to the administration of programs included in the consolidation 

under subsection (a). 

(d) REVIEW.—To determine the effectiveness of State administration under this section, the Secretary may periodically review 

the performance of State educational agencies in using consolidated 

administrative funds under this section and take such steps as the 

Secretary finds appropriate to ensure the effectiveness of that administration. 

(e) UNUSED ADMINISTRATIVE FUNDS.—If a State educational 

agency does not use all of the funds available to the agency under 

this section for administration, the agency may use those funds 

during the applicable period of availability as funds available 

under one or more programs included in the consolidation under 

subsection (a). 

(f) CONSOLIDATION OF FUNDS FOR STANDARDS AND ASSESSMENT

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Sec. 8202 ESEA OF 1965 406 

solidate the amounts described in subsection (a) for those purposes 

under title I. 

SEC. 8202. ø20 U.S.C. 7822¿ SINGLE LOCAL EDUCATIONAL AGENCY 

STATES. 

A State educational agency that also serves as a local educational agency shall, in its applications or plans under this Act, 

describe how the agency will eliminate duplication in conducting 

administrative functions. 

SEC. 8203. ø20 U.S.C. 7823¿ CONSOLIDATION OF FUNDS FOR LOCAL ADMINISTRATION. 

(a) GENERAL AUTHORITY.—In accordance with regulations of 

the Secretary and for any fiscal year, a local educational agency, 

with the approval of its State educational agency, may consolidate 

and use for the administration of one or more programs under this 

Act (or such other programs as the Secretary shall designate) not 

more than the percentage, established in each program, of the total 

available for the local educational agency under those programs. 

(b) STATE PROCEDURES.—A State educational agency shall, in 

collaboration with local educational agencies in the State, establish 

procedures for responding to requests from local educational agencies to consolidate administrative funds under subsection (a) and 

for establishing limitations on the amount of funds under those 

programs that may be used for administration on a consolidated 

basis. 

(c) CONDITIONS.—A local educational agency that consolidates 

administrative funds under this section for any fiscal year shall not 

use any other funds under the programs included in the consolidation for administration for that fiscal year. 

(d) USES OF ADMINISTRATIVE FUNDS.— 

(1) IN GENERAL.—A local educational agency that consolidates administrative funds under this section may use the consolidated funds for the administration of the programs and for 

uses, at the school district and school levels, comparable to 

those described in section 8201(b)(2). 

(2) FISCAL SUPPORT TEAMS.—A local educational agency 

that uses funds as described in section 8201(b)(2)(I) may contribute State or local funds to expand the reach of such support 

without violating any supplement, not supplant requirement of 

any program contributing administrative funds. 

(e) RECORDS.—A local educational agency that consolidates administrative funds under this section shall not be required to keep 

separate records, by individual program, to account for costs relating to the administration of the programs included in the consolidation. 

SEC. 8204. ø20 U.S.C. 7824¿ CONSOLIDATED SET-ASIDE FOR DEPARTMENT OF THE INTERIOR FUNDS. 

(a) GENERAL AUTHORITY.— 

(1) TRANSFER.—The Secretary shall transfer to the Department of the Interior, as a consolidated amount for covered programs, the Indian education programs under part A of title VI, 

and the education for homeless children and youth program 

under subtitle B of title VII of the McKinney-Vento Homeless 


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Assistance Act, the amounts allotted to the Department of the 

Interior under those programs. 

(2) AGREEMENT.— 

(A) IN GENERAL.—The Secretary and the Secretary of 

the Interior shall enter into an agreement, consistent with 

the requirements of the programs specified in paragraph 

(1), for the distribution and use of those program funds 

under terms that the Secretary determines best meet the 

purposes of those programs. 

(B) CONTENTS.—The agreement shall— 

(i) set forth the plans of the Secretary of the Interior for the use of the amount transferred and the 

achievement measures to assess program effectiveness, including program objectives; and 

(ii) be developed in consultation with Indian 

tribes. 

(b) ADMINISTRATION.—The Department of the Interior may use 

not more than 1.5 percent of the funds consolidated under this section for its costs related to the administration of the funds transferred under this section. 

(c) ACCOUNTABILITY SYSTEM.— 

(1) For the purposes of part A of title I, the Secretary of 

Interior, in consultation with the Secretary, if the Secretary of 

the Interior requests the consultation, using a negotiated rulemaking process to develop regulations for implementation no 

later than the 2017-2018 academic year, shall define the standards, assessments, and accountability system consistent with 

section 1111, for the schools funded by the Bureau of Indian 

Education on a national, regional, or tribal basis, as appropriate, taking into account the unique circumstances and needs 

of such schools and the students served by such schools. 

(2) The tribal governing body or school board of a school 

funded by the Bureau of Indian Affairs may waive, in part or 

in whole, the requirements established pursuant to paragraph 

(1) where such requirements are determined by such body or 

school board to be inappropriate. If such requirements are 

waived, the tribal governing body or school board shall, within 

60 days, submit to the Secretary of Interior a proposal for alternative standards, assessments, and an accountability system, if applicable, consistent with section 1111, that takes into 

account the unique circumstances and needs of such school or 

schools and the students served. The Secretary of the Interior 

and the Secretary shall approve such standards, assessments, 

and accountability system unless the Secretary determines 

that the standards, assessments, and accountability system do 

not meet the requirements of section 1111, taking into account 

the unique circumstances and needs of such school or schools 

and the students served. 

(3) TECHNICAL ASSISTANCE.—The Secretary of Interior and 

the Secretary shall, either directly or through a contract, provide technical assistance, upon request, to a tribal governing 

body or school board of a school funded by the Bureau of Indian Affairs that seeks a waiver under paragraph (2). 


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SEC. 8205. ø20 U.S.C. 7825¿ DEPARTMENT STAFF. 

The Secretary shall— 

(1) not later than 60 days after the date of enactment of 

the Every Student Succeeds Act, identify the number of Department full-time equivalent employees who worked on or administered each education program or project authorized under 

this Act, as such program or project was in effect on the day 

before such date of enactment, and publish such information 

on the Department’s website; 

(2) not later than 60 days after such date of enactment, 

identify the number of full-time equivalent employees who 

worked on or administered each program or project authorized 

under this Act, as such program or project was in effect on the 

day before such date of enactment, that has been eliminated or 

consolidated since such date of enactment; 

(3) not later than 1 year after such date of enactment, reduce the workforce of the Department by the number of fulltime equivalent employees the Department identified under 

paragraph (2); and 

(4) not later than 1 year after such date of enactment, report to Congress on— 

(A) the number of full-time equivalent employees associated with each program or project authorized under this 

Act and administered by the Department; 

(B) the number of full-time equivalent employees who 

were determined to be associated with eliminated or consolidated programs or projects described in paragraph (2); 

(C) how the Secretary has reduced the number of fulltime equivalent employees as described in paragraph (3); 

(D) the average salary of the full-time equivalent employees described in subparagraph (B) whose positions 

were eliminated; and 

(E) the average salary of the full-time equivalent employees who work on or administer a program or project 

authorized by the Department under this Act, 

disaggregated by employee function within each such program or project. 

PART C—COORDINATION OF PROGRAMS; CONSOLIDATED STATE AND LOCAL PLANS AND 

APPLICATIONS 

SEC. 8301. ø20 U.S.C. 7841¿ PURPOSES. 

The purposes of this part are— 

(1) to improve teaching and learning by encouraging greater cross-program coordination, planning, and service delivery; 

(2) to provide greater flexibility to State and local authorities through consolidated plans, applications, and reporting; 

and 

(3) to enhance the integration of programs under this Act 

with State and local programs. 


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SEC. 8302. ø20 U.S.C. 7842¿ OPTIONAL CONSOLIDATED STATE PLANS OR 

APPLICATIONS. 

(a) GENERAL AUTHORITY.— (1) SIMPLIFICATION.—In order to simplify application requirements and reduce the burden for State educational agencies under this Act, the Secretary, in accordance with subsection (b), shall establish procedures and criteria under which, 

after consultation with the Governor, a State educational agency may submit a consolidated State plan or a consolidated 

State application meeting the requirements of this section 

for— 

(A) each of the covered programs in which the State 

participates; and 

(B) such other programs as the Secretary may designate. 

(2) CONSOLIDATED APPLICATIONS AND PLANS.—After consultation with the Governor, a State educational agency that 

submits a consolidated State plan or a consolidated State application under this section shall not be required to submit separate State plans or applications under any of the programs to 

which the consolidated State plan or consolidated State application under this section applies. 

(b) COLLABORATION.— (1) IN GENERAL.—In establishing criteria and procedures 

under this section, the Secretary shall collaborate with State 

educational agencies and, as appropriate, with other State 

agencies, local educational agencies, public and private agencies, organizations, and institutions, private schools, and representatives of parents, students, and teachers. 

(2) CONTENTS.—Through the collaborative process described in paragraph (1), the Secretary shall establish, for each 

program under this Act to which this section applies, the descriptions, information, assurances, and other material required to be included in a consolidated State plan or consolidated State application. 

(3) NECESSARY MATERIALS.—The Secretary shall require 

only descriptions, information, assurances (including assurances of compliance with applicable provisions regarding participation by private school children and teachers), and other 

materials that are absolutely necessary for the consideration of 

the consolidated State plan or consolidated State application. 

SEC. 8303. ø20 U.S.C. 7843¿ CONSOLIDATED REPORTING. 

(a) IN GENERAL.—In order to simplify reporting requirements 

and reduce reporting burdens, the Secretary shall establish procedures and criteria under which a State educational agency, in consultation with the Governor of the State, may submit a consolidated State annual report. 

(b) CONTENTS.—The report shall contain information about the 

programs included in the report, including the performance of the 

State under those programs, and other matters as the Secretary 

determines are necessary, such as monitoring activities. 

(c) REPLACEMENT.—The report shall replace separate individual annual reports for the programs included in the consolidated 

State annual report. 


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SEC. 8304. ø20 U.S.C. 7844¿ GENERAL APPLICABILITY OF STATE EDUCATIONAL AGENCY ASSURANCES. 

(a) ASSURANCES.—A State educational agency, in consultation 

with the Governor of the State, that submits a consolidated State 

plan or consolidated State application under this Act, whether separately or under section 8302, shall have on file with the Secretary 

a single set of assurances, applicable to each program for which the 

plan or application is submitted, that provides that— 

(1) each such program will be administered in accordance 

with all applicable statutes, regulations, program plans, and 

applications; 

(2)(A) the control of funds provided under each such program and title to property acquired with program funds will be 

in a public agency, a eligible private agency, institution, or organization, or an Indian tribe, if the law authorizing the program provides for assistance to those entities; and 

(B) the public agency, eligible private agency, institution, 

or organization, or Indian tribe will administer those funds and 

property to the extent required by the authorizing law; 

(3) the State will adopt and use proper methods of administering each such program, including— 

(A) the enforcement of any obligations imposed by law 

on agencies, institutions, organizations, and other recipients responsible for carrying out each program; 

(B) the correction of deficiencies in program operations 

that are identified through audits, monitoring, or evaluation; and 

(C) the adoption of written procedures for the receipt 

and resolution of complaints alleging violations of law in 

the administration of the programs; 

(4) the State will cooperate in carrying out any evaluation 

of each such program conducted by or for the Secretary or 

other Federal officials; 

(5) the State will use such fiscal control and fund accounting procedures as will ensure proper disbursement of, and accounting for, Federal funds paid to the State under each such 

program; 

(6) the State will— 

(A) make reports to the Secretary as may be necessary 

to enable the Secretary to perform the Secretary’s duties 

under each such program; and 

(B) maintain such records, provide such information to 

the Secretary, and afford such access to the records as the 

Secretary may find necessary to carry out the Secretary’s 

duties; and 

(7) before the plan or application was submitted to the Secretary, the State afforded a reasonable opportunity for public 

comment on the plan or application and considered such comment. 

(b) GEPA PROVISION.—Section 441 of the General Education 

Provisions Act shall not apply to programs under this Act. 

SEC. 8305. ø20 U.S.C. 7845¿ CONSOLIDATED LOCAL PLANS OR APPLICATIONS. 

(a) GENERAL AUTHORITY.— 


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(1) CONSOLIDATED PLAN.—A local educational agency receiving funds under more than one covered program may submit plans or applications to the State educational agency under 

those programs on a consolidated basis. 

(2) AVAILABILITY TO GOVERNOR.—The State educational 

agency shall make any consolidated local plans and applications available to the Governor. 

(b) REQUIRED CONSOLIDATED PLANS OR APPLICATIONS.—A 

State educational agency that has an approved consolidated State 

plan or application under section 8302 may require local educational agencies in the State receiving funds under more than one 

program included in the consolidated State plan or consolidated 

State application to submit consolidated local plans or applications 

under those programs, but may not require those agencies to submit separate plans. 

(c) COLLABORATION.—A State educational agency, in consultation with the Governor, shall collaborate with local educational 

agencies in the State in establishing procedures for the submission 

of the consolidated State plans or consolidated State applications 

under this section. 

(d) NECESSARY MATERIALS.—The State educational agency 

shall require only descriptions, information, assurances, and other 

material that are absolutely necessary for the consideration of the 

local educational agency plan or application. 

(e) RURAL CONSOLIDATED PLAN.— 

(1) IN GENERAL.—Two or more eligible local educational 

agencies, a consortium of eligible local educational service 

agencies, or an educational service agency on behalf of eligible 

local educational agencies may submit plans or applications for 

1 or more covered programs to the State educational agency on 

a consolidated basis, if each eligible local educational agency 

impacted elects to participate in the joint application or elects 

to allow the educational service agency to apply on its behalf. 

(2) ELIGIBLE LOCAL EDUCATIONAL AGENCY.—For the purposes of this subsection, the term ‘‘eligible local educational 

agency’’ means a local educational agency that is an eligible 

local educational agency under part B of title V. 

SEC. 8306. ø20 U.S.C. 7846¿ OTHER GENERAL ASSURANCES. 

(a) ASSURANCES.—Any applicant, other than a State educational agency that submits a plan or application under this Act, 

shall have on file with the State educational agency a single set of 

assurances, applicable to each program for which a plan or application is submitted, that provides that— 

(1) each such program will be administered in accordance 

with all applicable statutes, regulations, program plans, and 

applications; 

(2)(A) the control of funds provided under each such program and title to property acquired with program funds will be 

in a public agency or in a eligible private agency, institution, 

organization, or Indian tribe, if the law authorizing the program provides for assistance to those entities; and 


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(B) the public agency, eligible private agency, institution, 

or organization, or Indian tribe will administer the funds and 

property to the extent required by the authorizing statutes; 

(3) the applicant will adopt and use proper methods of administering each such program, including— 

(A) the enforcement of any obligations imposed by law 

on agencies, institutions, organizations, and other recipients responsible for carrying out each program; and 

(B) the correction of deficiencies in program operations 

that are identified through audits, monitoring, or evaluation; 

(4) the applicant will cooperate in carrying out any evaluation of each such program conducted by or for the State educational agency, the Secretary, or other Federal officials; 

(5) the applicant will use such fiscal control and fund accounting procedures as will ensure proper disbursement of, and 

accounting for, Federal funds paid to the applicant under each 

such program; 

(6) the applicant will— 

(A) submit such reports to the State educational agency (which shall make the reports available to the Governor) and the Secretary as the State educational agency 

and Secretary may require to enable the State educational 

agency and the Secretary to perform their duties under 

each such program; and 

(B) maintain such records, provide such information, 

and afford such access to the records as the State educational agency (after consultation with the Governor) or 

the Secretary may reasonably require to carry out the 

State educational agency’s or the Secretary’s duties; and 

(7) before the application was submitted, the applicant afforded a reasonable opportunity for public comment on the application and considered such comment. 

(b) GEPA PROVISION.—Section 442 of the General Education 

Provisions Act shall not apply to programs under this Act. 

PART D—WAIVERS 

SEC. 8401. ø20 U.S.C. 7861¿ WAIVERS OF STATUTORY AND REGULATORY 

REQUIREMENTS. 

(a) IN GENERAL.— 

(1) REQUEST FOR WAIVER BY STATE OR INDIAN TRIBE.—A 

State educational agency or Indian tribe that receives funds 

under a program authorized under this Act may submit a request to the Secretary to waive any statutory or regulatory requirement of this Act. 

(2) LOCAL EDUCATIONAL AGENCY AND SCHOOL REQUESTS

SUBMITTED THROUGH THE STATE.— 

(A) REQUEST FOR WAIVER BY LOCAL EDUCATIONAL

AGENCY.—A local educational agency that receives funds 

under a program authorized under this Act and desires a 

waiver of any statutory or regulatory requirement of this 

Act shall submit a request containing the information described in subsection (b)(1) to the appropriate State eduVerDate Nov 24 2008 11:50 Feb 05, 2016 Jkt 000000 PO 00000 Frm 00412 Fmt 9001 Sfmt 6601 F:\COMP\EDII\EASEAO1.BEL HOLCPC

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cational agency. The State educational agency may then 

submit the request to the Secretary if the State educational agency determines the waiver appropriate. 

(B) REQUEST FOR WAIVER BY SCHOOL.—An elementary 

school or secondary school that desires a waiver of any 

statutory or regulatory requirement of this Act shall submit a request containing the information described in subsection (b)(1) to the local educational agency serving the 

school. The local educational agency may then submit the 

request to the State educational agency in accordance with 

subparagraph (A) if the local educational agency determines the waiver appropriate. 

(3) RECEIPT OF WAIVER.—Except as provided in subsection 

(b)(4) or (c), the Secretary may waive any statutory or regulatory requirement of this Act for which a waiver request is 

submitted to the Secretary pursuant to this subsection. 

(b) REQUEST FOR WAIVER.— (1) IN GENERAL.—A State educational agency, acting on its 

own behalf or on behalf of a local educational agency in accordance with subsection (a)(2), or Indian tribe that desires a waiver shall submit a waiver request to the Secretary, which shall 

include a plan that— 

(A) identifies the Federal programs affected by the requested waiver; 

(B) describes which Federal statutory or regulatory requirements are to be waived; 

(C) describes how the waiving of such requirements 

will advance student academic achievement; 

(D) describes the methods the State educational agency, local educational agency, school, or Indian tribe will 

use to monitor and regularly evaluate the effectiveness of 

the implementation of the plan; 

(E) includes only information directly related to the 

waiver request; and 

(F) describes how schools will continue to provide assistance to the same populations served by programs for 

which waivers are requested and, if the waiver relates to 

provisions of subsections (b) or (h) of section 1111, describes how the State educational agency, local educational 

agency, school, or Indian tribe will maintain or improve 

transparency in reporting to parents and the public on student achievement and school performance, including the 

achievement of the subgroups of students identified in section 1111(b)(2)(B)(xi). 

(2) ADDITIONAL INFORMATION.—Such requests— 

(A) may provide for waivers of requirements applicable 

to State educational agencies, local educational agencies, 

Indian tribes, and schools; and 

(B) shall be developed and submitted— 

(i)(I) by local educational agencies (on behalf of 

those agencies and schools) to State educational agencies; and 

(II) by State educational agencies (on behalf of 

those agencies or on behalf of, and based on the reVerDate Nov 24 2008 11:50 Feb 05, 2016 Jkt 000000 PO 00000 Frm 00413 Fmt 9001 Sfmt 6601 F:\COMP\EDII\EASEAO1.BEL HOLCPC

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quests of, local educational agencies in the State) to 

the Secretary; or 

(ii) by Indian tribes (on behalf of schools operated 

by the tribes) to the Secretary. 

(3) GENERAL REQUIREMENTS.— (A) STATE EDUCATIONAL AGENCIES.—In the case of a 

waiver request submitted by a State educational agency 

acting on its own behalf, or on behalf of local educational 

agencies in the State under subsection (a)(2), the State 

educational agency shall— 

(i) provide the public and any interested local educational agency in the State with notice and a reasonable opportunity to comment and provide input on the 

request, to the extent that the request impacts the 

local educational agency; 

(ii) submit the comments and input to the Secretary, with a description of how the State addressed 

the comments and input; and 

(iii) provide notice and a reasonable time to comment to the public and local educational agencies in 

the manner in which the applying agency customarily 

provides similar notice and opportunity to comment to 

the public. 

(B) LOCAL EDUCATIONAL AGENCIES.—In the case of a 

waiver request submitted by a local educational agency 

that receives funds under this Act— 

(i) the request shall be reviewed and approved by 

the State educational agency in accordance with subsection (a)(2) before being submitted to the Secretary 

and be accompanied by the comments, if any, of the 

State educational agency and the public; and 

(ii) notice and a reasonable opportunity to comment regarding the waiver request shall be provided 

to the State educational agency and the public by the 

agency requesting the waiver in the manner in which 

that agency customarily provides similar notice and 

opportunity to comment to the public. 

(4) WAIVER DETERMINATION, DEMONSTRATION, AND REVI- SION.— 

(A) IN GENERAL.—The Secretary shall issue a written 

determination regarding the initial approval or disapproval of a waiver request not more than 120 days after 

the date on which such request is submitted. Initial disapproval of such request shall be based on the determination of the Secretary that— 

(i) the waiver request does not meet the requirements of this section; 

(ii) the waiver is not permitted under subsection 

(c); 

(iii) the description required under paragraph 

(1)(C) in the plan provides insufficient information to 

demonstrate that the waiving of such requirements 

will advance student academic achievement consistent 

with the purposes of this Act; or 


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(iv) the waiver request does not provide for adequate evaluation to ensure review and continuous improvement of the plan. 

(B) WAIVER DETERMINATION AND REVISION.—Upon the 

initial determination of disapproval under subparagraph 

(A), the Secretary shall— 

(i) immediately— 

(I) notify the State educational agency, local 

educational agency (through the State educational 

agency), school (through the local educational 

agency), or Indian tribe, as applicable, of such determination; and 

(II) provide detailed reasons for such determination in writing to the applicable entity under 

subclause (I) to the public, such as posting in a 

clear and easily accessible format to the Department’s website; 

(ii) offer the State educational agency, local educational agency (through the State educational agency), school (through the local educational agency), or 

Indian tribe an opportunity to revise and resubmit the 

waiver request by a date that is not more than 60 

days after the date of such determination; and 

(iii) if the Secretary determines that the resubmission under clause (ii) does not meet the requirements 

of this section, at the request of the State educational 

agency, local educational agency, school, or Indian 

tribe, conduct a hearing not more than 30 days after 

the date of such resubmission. 

(C) WAIVER DISAPPROVAL.—The Secretary may ultimately disapprove a waiver request if— 

(i) the State educational agency, local educational 

agency, school, or Indian tribe has been notified and 

offered an opportunity to revise and resubmit the 

waiver request, as described under clauses (i) and (ii) 

of subparagraph (B); and 

(ii) the State educational agency, local educational 

agency (through the State educational agency), school 

(through the local educational agency), or Indian 

tribe— 

(I) does not revise and resubmit the waiver 

request; or 

(II) revises and resubmits the waiver request, 

and the Secretary determines that such waiver request does not meet the requirements of this section after a hearing conducted under subparagraph (B)(iii), if such a hearing is requested. 

(D) EXTERNAL CONDITIONS.—The Secretary shall not 

disapprove a waiver request under this section based on 

conditions outside the scope of the waiver request. 

(c) RESTRICTIONS.—The Secretary shall not waive under this 

section any statutory or regulatory requirements relating to— 


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(1) the allocation or distribution of funds to States, local 

educational agencies, Indian tribes, or other recipients of funds 

under this Act; 

(2) maintenance of effort; 

(3) comparability of services; 

(4) use of Federal funds to supplement, not supplant, nonFederal funds; 

(5) equitable participation of private school students and 

teachers; 

(6) parental participation and involvement; 

(7) applicable civil rights requirements; 

(8) the requirement for a charter school under part C of 

title IV; 

(9) the prohibitions— 

(A) in subpart 2 of part F; 

(B) regarding use of funds for religious worship or instruction in section 8505; and 

(C) regarding activities in section 8526; or 

(10) the selection of a school attendance area or school 

under subsections (a) and (b) of section 1113, except that the 

Secretary may grant a waiver to allow a school attendance 

area or school to participate in activities under part A of title 

I if the percentage of children from low-income families in the 

school attendance area or who attend the school is not more 

than 10 percentage points below the lowest percentage of those 

children for any school attendance area or school of the local 

educational agency that meets the requirements of subsections 

(a) and (b) of section 1113. 

(d) DURATION AND EXTENSION OF WAIVER; LIMITATIONS.— 

(1) IN GENERAL.—Except as provided in paragraph (2), a 

waiver approved by the Secretary under this section may be for 

a period not to exceed 4 years. 

(2) EXTENSION.—The Secretary may extend the period described in paragraph (1) if the State demonstrates that— 

(A) the waiver has been effective in enabling the State 

or affected recipient to carry out the activities for which 

the waiver was requested and the waiver has contributed 

to improved student achievement; and 

(B) the extension is in the public interest. 

(3) SPECIFIC LIMITATIONS.—The Secretary shall not require 

a State educational agency, local educational agency, school, or 

Indian tribe, as a condition of approval of a waiver request, 

to— 

(A) include in, or delete from, such request, specific 

academic standards, such as the Common Core State 

Standards developed under the Common Core State Standards Initiative or any other standards common to a significant number of States; 

(B) use specific academic assessment instruments or 

items, including assessments aligned to the standards described in subparagraph (A); or 

(C) include in, or delete from, such waiver request any 

specific elements of— 

(i) State academic standards; 


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13So in law. Subparagraphs (A) and (B) (as added by section 8013(6) of Public Law 114–95) 

should be redesignated as paragraphs (1) and (2) and the margins should be moved to the left. 

(ii) academic assessments; 

(iii) State accountability systems; or 

(iv) teacher and school leader evaluation systems. 

(e) REPORTS.—A State educational agency, local educational 

agency, school, or Indian tribe receiving a waiver under this section 

shall describe, as part of, and pursuant to, the required annual reporting under section 1111(h)— 

(1) the progress of schools covered under the provisions of 

such waiver toward improving student academic achievement; 

and 

(2) how the use of the waiver has contributed to such 

progress. 

(f) TERMINATION OF WAIVERS.—The Secretary shall terminate 

a waiver under this section if, after notice and an opportunity for 

a hearing, the Secretary— 

(A) 13 presents a rationale and supporting information 

that clearly demonstrates that the waiver is not contributing to the progress of schools described in subsection 

(e)(1); or 

(B) determines that the waiver is no longer necessary 

to achieve its original purposes. 

(g) PUBLICATION.—A notice of the Secretary’s decision to grant 

each waiver under subsection (a) shall be published in the Federal 

Register and the Secretary shall provide for the dissemination of 

the notice to State educational agencies, interested parties, including educators, parents, students, advocacy and civil rights organizations, and the public. 

PART E—APPROVAL AND DISAPPROVAL OF 

STATE PLANS AND LOCAL APPLICATIONS 

SEC. 8451. ø20 U.S.C. 7871¿ APPROVAL AND DISAPPROVAL OF STATE 

PLANS. 

(a) APPROVAL.—A plan submitted by a State pursuant to section 2101(d), 4103(c), 4203, or 8302 shall be approved by the Secretary unless the Secretary makes a written determination (which 

shall include the supporting information and rationale supporting 

such determination), prior to the expiration of the 120-day period 

beginning on the date on which the Secretary received the plan, 

that the plan is not in compliance with section 2101(d), 4103(c), or 

4203, or part C, respectively. 

(b) DISAPPROVAL PROCESS.— 

(1) IN GENERAL.—The Secretary shall not finally disapprove a plan submitted under section 2101(d), 4103(c), 4203, 

or 8302, except after giving the State educational agency notice 

and an opportunity for a hearing. 

(2) NOTIFICATIONS.—If the Secretary finds that the plan is 

not in compliance, in whole or in part, with section 2101(d), 

4103(c), or 4203, or part C, as applicable, the Secretary shall— 

(A) immediately notify the State of such determination; 


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(B) provide a detailed description of the specific provisions of the plan that the Secretary determines fail to meet 

the requirements, in whole or in part, of such section or 

part, as applicable; 

(C) offer the State an opportunity to revise and resubmit its plan within 45 days of such determination, including the chance for the State to present supporting information to clearly demonstrate that the State plan meets the 

requirements of such section or part, as applicable; 

(D) provide technical assistance, upon request of the 

State, in order to assist the State to meet the requirements of such section or part, as applicable; 

(E) conduct a hearing within 30 days of the plan’s resubmission under subparagraph (C), unless a State declines the opportunity for such hearing; and 

(F) request additional information, only as to the noncompliant provisions, needed to make the plan compliant. 

(3) RESPONSE.—If the State educational agency responds to 

the Secretary’s notification described in paragraph (2)(A) prior 

to the expiration of the 45-day period beginning on the date on 

which the State educational agency received the notification, 

and resubmits the plan as described in paragraph (2)(C), the 

Secretary shall approve such plan unless the Secretary determines the plan does not meet the requirements of section 

2101(d), 4103(c), or 4203, or part C, as applicable. 

(4) FAILURE TO RESPOND.—If the State educational agency 

does not respond to the Secretary’s notification described in 

paragraph (2)(A) prior to the expiration of the 45-day period 

beginning on the date on which the State educational agency 

received the notification, such plan shall be deemed to be disapproved. 

(c) LIMITATION.—A plan submitted under section 2101(d), 

4103(c), 4203, or 8302 shall not be approved or disapproved based 

upon the nature of the activities proposed within such plan if such 

proposed activities meet the applicable program requirements. 

(d) PEER-REVIEW REQUIREMENTS.—Notwithstanding any other 

requirements of this part, the Secretary shall ensure that any portion of a consolidated State plan that is related to part A of title 

I is subject to the peer-review process described in section 

1111(a)(4). 

SEC. 8452. ø20 U.S.C. 7872¿ APPROVAL AND DISAPPROVAL OF LOCAL 

EDUCATIONAL AGENCY APPLICATIONS. 

(a) APPROVAL.—An application submitted by a local educational agency pursuant to section 2102(b), 4106, 4204(b) or 8305, 

shall be approved by the State educational agency unless the State 

educational agency makes a written determination (which shall include the supporting information and rationale for such determination), prior to the expiration of the 120-day period beginning on the 

date on which the State educational agency received the application, that the application is not in compliance with section 2102(b), 

4106, or 4204(b), or part C, respectively. 

(b) DISAPPROVAL PROCESS.— 

(1) IN GENERAL.—The State educational agency shall not 

finally disapprove an application submitted under section 


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2102(b), 4106, 4204(b) or 8305 except after giving the local 

educational agency notice and opportunity for a hearing. 

(2) NOTIFICATIONS.—If the State educational agency finds 

that the application submitted under section 2102(b), 4106, 

4204(b) or 8305 is not in compliance, in whole or in part, with 

section 2102(b), 4106, or 4204(b), or part C, respectively, the 

State educational agency shall— 

(A) immediately notify the local educational agency of 

such determination; 

(B) provide a detailed description of the specific provisions of the application that the State determines fail to 

meet the requirements, in whole or in part, of such section 

or part, as applicable; 

(C) offer the local educational agency an opportunity 

to revise and resubmit its application within 45 days of 

such determination, including the chance for the local educational agency to present supporting information to clearly demonstrate that the application meets the requirements of such section or part; 

(D) provide technical assistance, upon request of the 

local educational agency, in order to assist the local educational agency to meet the requirements of such section 

or part, as applicable; 

(E) conduct a hearing within 30 days of the application’s resubmission under subparagraph (C), unless a local 

educational agency declines the opportunity for such a 

hearing; and 

(F) request additional information, only as to the noncompliant provisions, needed to make the application compliant. 

(3) RESPONSE.—If the local educational agency responds to 

the State educational agency’s notification described in paragraph (2)(A) prior to the expiration of the 45-day period beginning on the date on which the local educational agency received the notification, and resubmits the application as described in paragraph (2)(C), the State educational agency shall 

approve such application unless the State educational agency 

determines the application does not meet the requirements of 

this part. 

(4) FAILURE TO RESPOND.—If the local educational agency 

does not respond to the State educational agency’s notification 

described in paragraph (2)(A) prior to the expiration of the 45- 

day period beginning on the date on which the local educational agency received the notification, such application shall 

be deemed to be disapproved. 

PART F—UNIFORM PROVISIONS 

Subpart 1—Private Schools 

SEC. 8501. ø20 U.S.C. 7881¿ PARTICIPATION BY PRIVATE SCHOOL CHILDREN AND TEACHERS. 

(a) PRIVATE SCHOOL PARTICIPATION.— 


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(1) IN GENERAL.—Except as otherwise provided in this Act, 

to the extent consistent with the number of eligible children in 

areas served by a State educational agency, local educational 

agency, educational service agency, consortium of those agencies, or another entity receiving financial assistance under a 

program specified in subsection (b), who are enrolled in private 

elementary schools and secondary schools in areas served by 

such agency, consortium, or entity, the agency, consortium, or 

entity shall, after timely and meaningful consultation with appropriate private school officials provide to those children and 

their teachers or other educational personnel, on an equitable 

basis, special educational services or other benefits that address their needs under the program. 

(2) SECULAR, NEUTRAL, AND NONIDEOLOGICAL SERVICES OR

BENEFITS.—Educational services or other benefits, including 

materials and equipment, provided under this section, shall be 

secular, neutral, and nonideological. 

(3) SPECIAL RULE.— 

(A) IN GENERAL.—Educational services and other benefits provided under this section for private school children, 

teachers, and other educational personnel shall be equitable in comparison to services and other benefits for public school children, teachers, and other educational personnel participating in the program and shall be provided 

in a timely manner. 

(B) OMBUDSMAN.—To help ensure equitable services 

are provided to private school children, teachers, and other 

educational personnel under this section, the State educational agency involved shall direct the ombudsman designated by the agency under section 1117 to monitor and 

enforce the requirements of this section. 

(4) EXPENDITURES.— 

(A) IN GENERAL.—Expenditures for educational services and other benefits provided under this section for eligible private school children, their teachers, and other educational personnel serving those children shall be equal, 

taking into account the number and educational needs of 

the children to be served, to the expenditures for participating public school children. 

(B) OBLIGATION OF FUNDS.—Funds allocated to a local 

educational agency for educational services and other benefits to eligible private school children shall be obligated in 

the fiscal year for which the funds are received by the 

agency. 

(C) NOTICE OF ALLOCATION.—Each State educational 

agency shall provide notice in a timely manner to the appropriate private school officials in the State of the allocation of funds for educational services and other benefits 

under this subpart that the local educational agencies 

have determined are available for eligible private school 

children. 

(5) PROVISION OF SERVICES.—An agency, consortium, or entity described in subsection (a)(1) of this section may provide 


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those services directly or through contracts with public and 

private agencies, organizations, and institutions. 

(b) APPLICABILITY.— (1) IN GENERAL.—This section applies to programs under— 

(A) part C of title I; 

(B) part A of title II; 

(C) part A of title III; 

(D) part A of title IV; and 

(E) part B of title IV. 

(2) DEFINITION.—For the purpose of this section, the term 

‘‘eligible children’’ means children eligible for services under a 

program described in paragraph (1). 

(c) CONSULTATION.— (1) IN GENERAL.—To ensure timely and meaningful consultation, a State educational agency, local educational agency, 

educational service agency, consortium of those agencies, or entity shall consult with appropriate private school officials. Such 

agency and private school officials shall both have the goal of 

reaching agreement on how to provide equitable and effective 

programs for eligible private school children, on issues such 

as— 

(A) how the children’s needs will be identified; 

(B) what services will be offered; 

(C) how, where, and by whom the services will be provided; 

(D) how the services will be assessed and how the results of the assessment will be used to improve those services; 

(E) the size and scope of the equitable services to be 

provided to the eligible private school children, teachers, 

and other educational personnel, the amount of funds 

available for those services, and how that amount is determined; 

(F) how and when the agency, consortium, or entity 

will make decisions about the delivery of services, including a thorough consideration and analysis of the views of 

the private school officials on the provision of services 

through potential third-party providers; and 

(G) whether the agency, consortium, or entity shall 

provide services directly or through a separate government 

agency, consortium, or entity, or through a third-party contractor; and 

(H) whether to provide equitable services to eligible 

private school children— 

(i) by creating a pool or pools of funds with all of 

the funds allocated under subsection (a)(4)(C) based on 

all the children from low-income families in a participating school attendance area who attend private 

schools; or 

(ii) in the agency’s participating school attendance 

area who attend private schools with the proportion of 

funds allocated under subsection (a)(4)(C) based on the 

number of children from low-income families who attend private schools. 


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14The placement of paragraphs (5) and (6) at the end of subsection (c) reflects the probable 

intent of Congress. See the amendment made by section 8015(4) of Public Law 114–95, which 

technically adds these paragraphs at the end of the section. 

(2) DISAGREEMENT.—If the agency, consortium, or entity 

disagrees with the views of the private school officials on the 

provision of services through a contract, the agency, consortium, or entity shall provide to the private school officials a 

written explanation of the reasons why the local educational 

agency has chosen not to use a contractor. 

(3) TIMING.—The consultation required by paragraph (1) 

shall occur before the agency, consortium, or entity makes any 

decision that affects the opportunities of eligible private school 

children, teachers, and other educational personnel to participate in programs under this Act, and shall continue throughout the implementation and assessment of activities under this 

section. 

(4) DISCUSSION REQUIRED.—The consultation required by 

paragraph (1) shall include a discussion of service delivery 

mechanisms that the agency, consortium, or entity could use to 

provide equitable services to eligible private school children, 

teachers, administrators, and other staff. 

(5) 14 DOCUMENTATION.—Each local educational agency 

shall maintain in the agency’s records, and provide to the State 

educational agency involved, a written affirmation signed by 

officials of each participating private school that the meaningful consultation required by this section has occurred. The 

written affirmation shall provide the option for private school 

officials to indicate such officials’ belief that timely and meaningful consultation has not occurred or that the program design is not equitable with respect to eligible private school children. If such officials do not provide such affirmation within a 

reasonable period of time, the local educational agency shall 

forward the documentation that such consultation has, or attempts at such consultation have, taken place to the State educational agency. 

(6) 14 COMPLIANCE.— 

(A) IN GENERAL.—If the consultation required under 

this section is with a local educational agency or educational service agency, a private school official shall have 

the right to file a complaint with the State educational 

agency that the consultation required under this section 

was not meaningful and timely, did not give due consideration to the views of the private school official, or did not 

make a decision that treats the private school or its students equitably as required by this section. 

(B) PROCEDURE.—If the private school official wishes 

to file a complaint, the private school official shall provide 

the basis of the noncompliance and all parties shall provide the appropriate documentation to the appropriate officials. 

(C) SERVICES.—A State educational agency shall provide services under this section directly or through contracts with public and private agencies, organizations, and 


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institutions, if the appropriate private school officials 

have— 

(i) requested that the State educational agency 

provide such services directly; and 

(ii) demonstrated that the local educational agency 

involved has not met the requirements of this section 

in accordance with the procedures for making such a 

request, as prescribed by the State educational agency. 

(d) PUBLIC CONTROL OF FUNDS.— 

(1) IN GENERAL.—The control of funds used to provide 

services under this section, and title to materials, equipment, 

and property purchased with those funds, shall be in a public 

agency for the uses and purposes provided in this Act, and a 

public agency shall administer the funds and property. 

(2) PROVISION OF SERVICES.— 

(A) IN GENERAL.—The provision of services under this 

section shall be provided— 

(i) by employees of a public agency; or 

(ii) through contract by the public agency with an 

individual, association, agency, organization, or other 

entity. 

(B) INDEPENDENCE; PUBLIC AGENCY.—In the provision 

of those services, the employee, person, association, agency, organization, or other entity shall be independent of 

the private school and of any religious organization, and 

the employment or contract shall be under the control and 

supervision of the public agency. 

(C) COMMINGLING OF FUNDS PROHIBITED.—Funds used 

to provide services under this section shall not be commingled with non-Federal funds. 

SEC. 8502. ø20 U.S.C. 7882¿ STANDARDS FOR BY-PASS. 

(a) IN GENERAL.—If, by reason of any provision of law, a State 

educational agency, local educational agency, educational service 

agency, consortium of those agencies, or other entity is prohibited 

from providing for the participation in programs of children enrolled in, or teachers or other educational personnel from, private 

elementary schools and secondary schools, on an equitable basis, or 

if the Secretary determines that the agency, consortium, or entity 

has substantially failed or is unwilling to provide for that participation, as required by section 8501, the Secretary shall— 

(1) waive the requirements of that section for the agency, 

consortium, or entity; and 

(2) arrange for the provision of equitable services to those 

children, teachers, or other educational personnel through arrangements that shall be subject to the requirements of this 

section and of sections 8501, 8503, and 8504. 

(b) DETERMINATION.—In making the determination under subsection (a), the Secretary shall consider one or more factors, including the quality, size, scope, and location of the program, and the 

opportunity of private school children, teachers, and other educational personnel to participate in the program. 


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As Amended Through P.L. 114-95, Enacted December 10, 2015
Sec. 8503 ESEA OF 1965 424 

SEC. 8503. ø20 U.S.C. 7883¿ COMPLAINT PROCESS FOR PARTICIPATION 

OF PRIVATE SCHOOL CHILDREN. 

(a) PROCEDURES FOR COMPLAINTS.—The Secretary shall develop and implement written procedures for receiving, investigating, and resolving complaints from parents, teachers, or other 

individuals and organizations concerning violations of section 8501 

by a State educational agency, local educational agency, educational service agency, consortium of those agencies, or entity. The 

individual or organization shall submit the complaint to the State 

educational agency for a written resolution by the State educational agency within 45 days. 

(b) APPEALS TO SECRETARY.—The resolution may be appealed 

by an interested party to the Secretary not later than 30 days after 

the State educational agency resolves the complaint or fails to resolve the complaint within the 45-day time limit. The appeal shall 

be accompanied by a copy of the State educational agency’s resolution, and, if there is one, a complete statement of the reasons supporting the appeal. The Secretary shall investigate and resolve the 

appeal not later than 90 days after receipt of the appeal. 

SEC. 8504. ø20 U.S.C. 7884¿ BY-PASS DETERMINATION PROCESS. 

(a) REVIEW.— (1) IN GENERAL.— (A) WRITTEN OBJECTIONS.—The Secretary shall not 

take any final action under section 8502 until the State 

educational agency, local educational agency, educational 

service agency, consortium of those agencies, or entity affected by the action has had an opportunity, for not less 

than 45 days after receiving written notice thereof, to submit written objections and to appear before the Secretary 

to show cause why that action should not be taken. 

(B) PRIOR TO REDUCTION.—Pending final resolution of 

any investigation or complaint that could result in a determination under this section, the Secretary may withhold 

from the allocation of the affected State educational agency 

or local educational agency the amount estimated by the 

Secretary to be necessary to pay the cost of those services. 

(2) PETITION FOR REVIEW.— 

(A) PETITION.—If the affected agency, consortium, or 

entity is dissatisfied with the Secretary’s final action after 

a proceeding under paragraph (1), the agency, consortium, 

or entity may, within 60 days after notice of that action, 

file with the United States court of appeals for the circuit 

in which the State is located a petition for review of that 

action. 

(B) TRANSMISSION.—A copy of the petition shall be 

forthwith transmitted by the clerk of the court to the Secretary. 

(C) FILING.—The Secretary, upon receipt of the copy of 

the petition, shall file in the court the record of the proceedings on which the Secretary based the action, as provided in section 2112 of title 28, United States Code. 

(3) FINDINGS OF FACT.— 

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425 Sec. 8506 ESEA OF 1965 

clusive, but the court, for good cause shown, may remand 

the case to the Secretary to take further evidence and the 

Secretary may then make new or modified findings of fact 

and may modify the Secretary’s previous action, and shall 

file in the court the record of the further proceedings. 

(B) NEW OR MODIFIED FINDINGS.—Any new or modified 

findings of fact shall likewise be conclusive if supported by 

substantial evidence. 

(4) JURISDICTION.— 

(A) IN GENERAL.—Upon the filing of a petition, the 

court shall have jurisdiction to affirm the action of the Secretary or to set the action aside, in whole or in part. 

(B) JUDGMENT.—The judgment of the court shall be 

subject to review by the Supreme Court of the United 

States upon certiorari or certification as provided in section 1254 of title 28, United States Code. 

(b) DETERMINATION.—Any determination by the Secretary 

under this section shall continue in effect until the Secretary determines, in consultation with that agency, consortium, or entity and 

representatives of the affected private school children, teachers, or 

other educational personnel, that there will no longer be any failure or inability on the part of the agency, consortium, or entity to 

meet the applicable requirements of section 8501 or any other provision of this Act. 

(c) PAYMENT FROM STATE ALLOTMENT.—When the Secretary 

arranges for services pursuant to this section, the Secretary shall, 

after consultation with the appropriate public and private school officials, pay the cost of those services, including the administrative 

costs of arranging for those services, from the appropriate allocation or allocations under this Act. 

(d) PRIOR DETERMINATION.—Any by-pass determination by the 

Secretary under this Act as in effect on the day preceding the date 

of enactment of the No Child Left Behind Act of 2001 shall remain 

in effect to the extent the Secretary determines that that determination is consistent with the purpose of this section. 

SEC. 8505. ø20 U.S.C. 7885¿ PROHIBITION AGAINST FUNDS FOR RELIGIOUS WORSHIP OR INSTRUCTION. 

Nothing contained in this Act shall be construed to authorize 

the making of any payment under this Act for religious worship or 

instruction. 

SEC. 8506. ø20 U.S.C. 7886¿ PRIVATE, RELIGIOUS, AND HOME SCHOOLS. 

(a) APPLICABILITY TO NONRECIPIENT PRIVATE SCHOOLS.—Nothing in this Act shall be construed to affect any private school that 

does not receive funds or services under this Act, nor shall any student who attends a private school that does not receive funds or 

services under this Act be required to participate in any assessment referenced in this Act. 

(b) APPLICABILITY TO HOME SCHOOLS.—Nothing in this Act 

shall be construed to affect a home school, whether or not a home 

school is treated as a home school or a private school under State 

law, nor shall any student schooled at home be required to participate in any assessment referenced in this Act. 


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As Amended Through P.L. 114-95, Enacted December 10, 2015
Sec. 8521 ESEA OF 1965 426 

(c) RULE OF CONSTRUCTION ON PROHIBITION OF FEDERAL CONTROL OVER NONPUBLIC SCHOOLS.—Nothing in this Act shall be construed to permit, allow, encourage, or authorize any Federal control 

over any aspect of any private, religious, or home school, whether 

or not a home school is treated as a private school or home school 

under State law. This section shall not be construed to bar private, 

religious, or home schools from participation in programs or services under this Act. 

(d) RULE OF CONSTRUCTION ON STATE AND LOCAL EDUCATIONAL AGENCY MANDATES.—Nothing in this Act shall be construed to require any State educational agency or local educational 

agency that receives funds under this Act to mandate, direct, or 

control the curriculum of a private or home school, regardless or 

whether or not a home school is treated as a private school under 

state law, nor shall any funds under this Act be used for this purpose. 

Subpart 2—Other Provisions 

SEC. 8521. ø20 U.S.C. 7901¿ MAINTENANCE OF EFFORT. 

(a) IN GENERAL.—A local educational agency may receive funds 

under a covered program for any fiscal year only if the State educational agency finds that either the combined fiscal effort per student or the aggregate expenditures of the agency and the State 

with respect to the provision of free public education by the agency 

for the preceding fiscal year was not less than 90 percent of the 

combined fiscal effort or aggregate expenditures for the second preceding fiscal year, subject to the requirements of subsection (b). 

(b) REDUCTION IN CASE OF FAILURE TO MEET.— 

(1) IN GENERAL.—The State educational agency shall reduce the amount of the allocation of funds under a covered program in any fiscal year in the exact proportion by which a local 

educational agency fails to meet the requirement of subsection 

(a) of this section by falling below 90 percent of both the combined fiscal effort per student and aggregate expenditures 

(using the measure most favorable to the local agency), if such 

local educational agency has also failed to meet such requirement (as determined using the measure most favorable to the 

local agency) for 1 or more of the 5 immediately preceding fiscal years. 

(2) SPECIAL RULE.—No such lesser amount shall be used 

for computing the effort required under subsection (a) of this 

section for subsequent years. 

(c) WAIVER.—The Secretary may waive the requirements of 

this section if the Secretary determines that a waiver would be equitable due to— 

(1) exceptional or uncontrollable circumstances, such as a 

natural disaster or a change in the organizational structure of 

the local educational agency; or 

(2) a precipitous decline in the financial resources of the 

local educational agency. 


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As Amended Through P.L. 114-95, Enacted December 10, 2015
427 Sec. 8525 ESEA OF 1965 

SEC. 8522. ø20 U.S.C. 7902¿ PROHIBITION REGARDING STATE AID. 

A State shall not take into consideration payments under this 

Act (other than under title VII) in determining the eligibility of any 

local educational agency in that State for State aid, or the amount 

of State aid, with respect to free public education of children. 

SEC. 8523. ø20 U.S.C. 7903¿ PRIVACY OF ASSESSMENT RESULTS. 

Any results from an individual assessment referred to in this 

Act of a student that become part of the education records of the 

student shall have the protections provided in section 444 of the 

General Education Provisions Act. 

SEC. 8524. ø20 U.S.C. 7904¿ SCHOOL PRAYER. 

(a) GUIDANCE.—The Secretary shall provide and revise guidance, not later than September 1, 2002, and of every second year 

thereafter, to State educational agencies, local educational agencies, and the public on constitutionally protected prayer in public 

elementary schools and secondary schools, including making the 

guidance available by electronic means, including by posting the 

guidance on the Department’s website in a clear and easily accessible manner. The guidance shall be reviewed, prior to distribution, 

by the Office of Legal Counsel of the Department of Justice for 

verification that the guidance represents the current state of the 

law concerning constitutionally protected prayer in public elementary schools and secondary schools. 

(b) CERTIFICATION.—As a condition of receiving funds under 

this Act, a local educational agency shall certify in writing to the 

State educational agency involved that no policy of the local educational agency prevents, or otherwise denies participation in, constitutionally protected prayer in public elementary schools and secondary schools, as detailed in the guidance required under subsection (a). The certification shall be provided by October 1 of each 

year. The State educational agency shall report to the Secretary by 

November 1 of each year a list of those local educational agencies 

that have not filed the certification or against which complaints 

have been made to the State educational agency that the local educational agencies are not in compliance with this section. 

(c) ENFORCEMENT.—The Secretary is authorized and directed 

to effectuate subsection (b) by issuing, and securing compliance 

with, rules or orders with respect to a local educational agency that 

fails to certify, or is found to have certified in bad faith, that no 

policy of the local educational agency prevents, or otherwise denies 

participation in, constitutionally protected prayer in public elementary schools and secondary schools. 

SEC. 8525. ø20 U.S.C. 7905¿ EQUAL ACCESS TO PUBLIC SCHOOL FACILITIES. 

(a) SHORT TITLE.—This section may be cited as the ‘‘Boy Scouts 

of America Equal Access Act’’. 

(b) IN GENERAL.— 

(1) EQUAL ACCESS.—Notwithstanding any other provision 

of law, no public elementary school, public secondary school, 

local educational agency, or State educational agency that has 

a designated open forum or a limited public forum and that receives funds made available through the Department shall 

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Sec. 8525 ESEA OF 1965 428 

nate against, any group officially affiliated with the Boy Scouts 

of America, or any other youth group listed in title 36 of the 

United States Code (as a patriotic society), that wishes to conduct a meeting within that designated open forum or limited 

public forum, including denying such access or opportunity or 

discriminating for reasons based on the membership or leadership criteria or oath of allegiance to God and country of the 

Boy Scouts of America or of the youth group listed in title 36 

of the United States Code (as a patriotic society). 

(2) VOLUNTARY SPONSORSHIP.—Nothing in this section 

shall be construed to require any school, agency, or a school 

served by an agency to sponsor any group officially affiliated 

with the Boy Scouts of America, or any other youth group listed in title 36 of the United States Code (as a patriotic society). 

(c) TERMINATION OF ASSISTANCE AND OTHER ACTION.— 

(1) DEPARTMENTAL ACTION.—The Secretary is authorized 

and directed to effectuate subsection (b) by issuing and securing compliance with rules or orders with respect to a public elementary school, public secondary school, local educational 

agency, or State educational agency that receives funds made 

available through the Department and that denies equal access, or a fair opportunity to meet, or discriminates, as described in subsection (b). 

(2) PROCEDURE.—The Secretary shall issue and secure 

compliance with the rules or orders, under paragraph (1), 

through the Office for Civil Rights and in a manner consistent 

with the procedure used by a Federal department or agency 

under section 602 of the Civil Rights Act of 1964. If the public 

school or agency does not comply with the rules or orders, then 

notwithstanding any other provision of law, no funds made 

available through the Department shall be provided to a school 

that fails to comply with such rules or orders or to any agency 

or school served by an agency that fails to comply with such 

rules or orders. 

(3) JUDICIAL REVIEW.—Any action taken by the Secretary 

under paragraph (1) shall be subject to the judicial review described in section 603 of the Civil Rights Act of 1964. Any person aggrieved by the action may obtain that judicial review in 

the manner, and to the extent, provided in section 603 of such 

Act. 

(d) DEFINITION AND RULE.— 

(1) DEFINITION.—In this section, the term ‘‘youth group’’ 

means any group or organization intended to serve young people under the age of 21. 

(2) RULE.—For the purpose of this section, an elementary 

school or secondary school has a limited public forum whenever 

the school involved grants an offering to, or opportunity for, 

one or more outside youth or community groups to meet on 

school premises or in school facilities before or after the hours 

during which attendance at the school is compulsory. 


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As Amended Through P.L. 114-95, Enacted December 10, 2015
429 Sec. 8527 ESEA OF 1965 

15The amendment made by section 8022(1) of Public Law 114–95 to the section heading for 

section 8526 (as redesignated) executed above probably should have included a period at the end 

of the inserted matter. 

SEC. 8526. ø20 U.S.C. 7906¿ PROHIBITED USES OF FUNDS15

No funds under this Act may be used— 

(1) for construction, renovation, or repair of any school facility, except as authorized under this Act; 

(2) for transportation unless otherwise authorized under 

this Act; 

(3) to develop or distribute materials, or operate programs 

or courses of instruction directed at youth, that are designed 

to promote or encourage sexual activity, whether homosexual 

or heterosexual; 

(4) to distribute or to aid in the distribution by any organization of legally obscene materials to minors on school grounds; 

(5) to provide sex education or HIV-prevention education 

in schools unless that instruction is age appropriate and includes the health benefits of abstinence; or 

(6) to operate a program of contraceptive distribution in 

schools. 

SEC. 8526A. ø20 U.S.C. 7906a¿ PROHIBITION AGAINST FEDERAL MANDATES, DIRECTION, OR CONTROL. 

(a) IN GENERAL.—No officer or employee of the Federal Government shall, through grants, contracts, or other cooperative 

agreements, mandate, direct, or control a State, local educational 

agency, or school’s specific instructional content, academic standards and assessments, curricula, or program of instruction developed and implemented to meet the requirements of this Act (including any requirement, direction, or mandate to adopt the Common Core State Standards developed under the Common Core 

State Standards Initiative, any other academic standards common 

to a significant number of States, or any assessment, instructional 

content, or curriculum aligned to such standards), nor shall anything in this Act be construed to authorize such officer or employee 

to do so. 

(b) FINANCIAL SUPPORT.—No officer or employee of the Federal 

Government shall condition or incentivize the receipt of any grant, 

contract, or cooperative agreement, the receipt of any priority or 

preference under such grant, contract, or cooperative agreement, or 

the receipt of a waiver under section 8401 upon a State, local educational agency, or school’s adoption or implementation of specific 

instructional content, academic standards and assessments, curricula, or program of instruction developed and implemented to 

meet the requirements of this Act (including any condition, priority, or preference to adopt the Common Core State Standards developed under the Common Core State Standards Initiative, any 

other academic standards common to a significant number of 

States, or any assessment, instructional content, or curriculum 

aligned to such standards). 

SEC. 8527. ø20 U.S.C. ???¿ PROHIBITIONS ON FEDERAL GOVERNMENT 

AND USE OF FEDERAL FUNDS. 

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As Amended Through P.L. 114-95, Enacted December 10, 2015
Sec. 8528 ESEA OF 1965 430 

16There is a corresponding provision of section 8528 that exists in section 503(c) of title 10, 

United States Code. 

ment, including through a grant, contract, or cooperative agreement, to mandate, direct, or control a State, local educational agency, or school’s curriculum, program of instruction, or allocation of 

State or local resources, or mandate a State or any subdivision 

thereof to spend any funds or incur any costs not paid for under 

this Act. 

(b) PROHIBITION ON ENDORSEMENT OF CURRICULUM.—Notwithstanding any other provision of Federal law, no funds provided to 

the Department under this Act may be used by the Department, 

whether through a grant, contract, or cooperative agreement, to endorse, approve, develop, require, or sanction any curriculum, including any curriculum aligned to the Common Core State Standards developed under the Common Core State Standards Initiative 

or any other academic standards common to a significant number 

of States, designed to be used in an elementary school or secondary 

school. 

(c) LOCAL CONTROL.—Nothing in this section shall be construed to— 

(1) authorize an officer or employee of the Federal Government, whether through a grant, contract, or cooperative agreement to mandate, direct, review, or control a State, local educational agency, or school’s instructional content, curriculum, 

and related activities; 

(2) limit the application of the General Education Provisions Act (20 U.S.C. 1221 et seq.); 

(3) require the distribution of scientifically or medically 

false or inaccurate materials or to prohibit the distribution of 

scientifically or medically true or accurate materials; or 

(4) create any legally enforceable right. 

(d) PROHIBITION ON REQUIRING FEDERAL APPROVAL OR CERTIFICATION OF STANDARDS.— 

(1) IN GENERAL.—Notwithstanding any other provision of 

Federal law, no State shall be required to have academic 

standards approved or certified by the Federal Government, in 

order to receive assistance under this Act. 

(2) RULE OF CONSTRUCTION.—Nothing in this Act shall be 

construed to prohibit a State, local educational agency, or 

school from using funds provided under this Act for the development or implementation of any instructional content, academic standards, academic assessments, curriculum, or program of instruction that a State, local educational agency, or 

school chooses, as permitted under State and local law, as long 

as the use of such funds is consistent with the terms of the 

grant, contract, or cooperative agreement providing such funds. 

(3) BUILDING STANDARDS.—Nothing in this Act shall be 

construed to mandate national school building standards for a 

State, local educational agency, or school. 

SEC. 8528. ø20 U.S.C. 7908¿ ARMED FORCES RECRUITER ACCESS TO 

STUDENTS AND STUDENT RECRUITING INFORMATION. 16

(a) POLICY.— 


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As Amended Through P.L. 114-95, Enacted December 10, 2015
431 Sec. 8529 ESEA OF 1965 

(1) ACCESS TO STUDENT RECRUITING INFORMATION.—Notwithstanding section 444(a)(5)(B) of the General Education 

Provisions Act (20 U.S.C. 1232g(a)(5)(B)), each local educational agency receiving assistance under this Act shall provide, upon a request made by a military recruiter or an institution of higher education, access to the name, address, and telephone listing of each secondary school student served by the 

local educational agency, unless the parent of such student has 

submitted the prior consent request under paragraph (2). 

(2) CONSENT.— (A) OPT-OUT PROCESS.—A parent of a secondary school 

student may submit a written request, to the local educational agency, that the student’s name, address, and 

telephone listing not be released for purposes of paragraph 

(1) without prior written consent of the parent. Upon receiving such request, the local educational agency may not 

release the student’s name, address, and telephone listing 

for such purposes without the prior written consent of the 

parent. 

(B) NOTIFICATION OF OPT-OUT PROCESS.—Each local 

educational agency shall notify the parents of the students 

served by the agency of the option to make a request described in subparagraph (A). 

(3) SAME ACCESS TO STUDENTS.—Each local educational 

agency receiving assistance under this Act shall provide military recruiters the same access to secondary school students as 

is provided to institutions of higher education or to prospective 

employers of those students. 

(4) RULE OF CONSTRUCTION PROHIBITING OPT-IN PROC- ESSES.—Nothing in this subsection shall be construed to allow 

a local educational agency to withhold access to a student’s 

name, address, and telephone listing from a military recruiter 

or institution of higher education by implementing an opt-in 

process or any other process other than the written consent request process under paragraph (2)(A). 

(5) PARENTAL CONSENT.—For purposes of this subsection, 

whenever a student has attained 18 years of age, the permission or consent required of and the rights accorded to the parents of the student shall only be required of and accorded to 

the student. 

(b) NOTIFICATION.—The Secretary, in consultation with the 

Secretary of Defense, shall, not later than 120 days after the date 

of the enactment of the Every Student Succeeds Act, notify school 

leaders, school administrators, and other educators about the requirements of this section. 

(c) EXCEPTION.—The requirements of this section do not apply 

to a private secondary school that maintains a religious objection 

to service in the Armed Forces if the objection is verifiable through 

the corporate or other organizational documents or materials of 

that school. 

SEC. 8529. ø20 U.S.C. ???¿ PROHIBITION ON FEDERALLY SPONSORED 

TESTING. 

(a) GENERAL PROHIBITION.—Notwithstanding any other provision of Federal law and except as provided in subsection (b), no 


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As Amended Through P.L. 114-95, Enacted December 10, 2015
Sec. 8530 ESEA OF 1965 432 

17The amendment made by section 8027 of Public Law 114–95 probably should have specified 

subsection (a) in the instructions. Such amendment was executed in subsection (a) in order to 

reflect the probable intent of Congress. 

funds provided under this Act to the Secretary or to the recipient 

of any award may be used to develop, incentivize, pilot test, field 

test, implement, administer, or distribute any federally sponsored 

national test in reading, mathematics, or any other subject, unless 

specifically and explicitly authorized by law, including any assessment or testing materials aligned to the Common Core State 

Standards developed under the Common Core State Standards Initiative or any other academic standards common to a significant 

number of States. 

(b) EXCEPTIONS.—Subsection (a) shall not apply to international comparative assessments developed under the authority of 

section 153(a)(6) of the Education Sciences Reform Act of 2002 (20 

U.S.C. 9543(a)(6)) and administered to only a representative sample of pupils in the United States and in foreign nations. 

SEC. 8530. ø20 U.S.C. 7910¿ LIMITATIONS ON NATIONAL TESTING OR 

CERTIFICATION FOR TEACHERS, PRINCIPALS, OR OTHER 

SCHOOL LEADERS. 

(a) 17 MANDATORY NATIONAL TESTING OR CERTIFICATION OF

TEACHERS, PRINCIPALS, OR OTHER SCHOOL LEADERS.—Notwithstanding any other provision of this Act or any other provision of 

law, no funds available to the Department or otherwise available 

under this Act may be used for any purpose relating to a mandatory nationwide test or certification of teachers, principals, other 

school leaders, or education paraprofessionals, including any planning, development, implementation, or administration of, or incentive regarding, such test or certification. 

(b) PROHIBITION ON WITHHOLDING FUNDS.—The Secretary is 

prohibited from withholding funds from any State educational 

agency or local educational agency if the State educational agency 

or local educational agency fails to adopt a specific method of teacher or paraprofessional certification. 

SEC. 8530A. ø20 U.S.C. 7910a¿ PROHIBITION ON REQUIRING STATE PARTICIPATION. 

Any State that opts out of receiving funds, or that has not been 

awarded funds, under one or more programs under this Act shall 

not be required to carry out any of the requirements of such program or programs, and nothing in this Act shall be construed to 

require a State to participate in any program under this Act. 

SEC. 8531. ø20 U.S.C. 7911¿ PROHIBITION ON NATIONWIDE DATABASE. 

Nothing in this Act (other than section 1308(b)) shall be construed to authorize the development of a nationwide database of 

personally identifiable information on individuals involved in studies or other collections of data under this Act. 

SEC. 8532. ø20 U.S.C. 7912¿ UNSAFE SCHOOL CHOICE OPTION. 

(a) UNSAFE SCHOOL CHOICE POLICY.—Each State receiving 

funds under this Act shall establish and implement a statewide 

policy requiring that a student attending a persistently dangerous 

public elementary school or secondary school, as determined by the 

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433 Sec. 8537 ESEA OF 1965 

fense, as determined by State law, while in or on the grounds of 

a public elementary school or secondary school that the student attends, be allowed to attend a safe public elementary school or secondary school within the local educational agency, including a public charter school. 

(b) CERTIFICATION.—As a condition of receiving funds under 

this Act, a State shall certify in writing to the Secretary that the 

State is in compliance with this section. 

SEC. 8533. ø20 U.S.C. 7913¿ PROHIBITION ON DISCRIMINATION. 

Nothing in this Act shall be construed to require, authorize, or 

permit, the Secretary, or a State educational agency, local educational agency, or school to grant to a student, or deny or impose 

upon a student, any financial or educational benefit or burden, in 

violation of the fifth or 14th amendments to the Constitution or 

other law relating to discrimination in the provision of federally 

funded programs or activities. 

SEC. 8534. ø20 U.S.C. 7914¿ CIVIL RIGHTS. 

(a) IN GENERAL.—Nothing in this Act shall be construed to permit discrimination on the basis of race, color, religion, sex (except 

as otherwise permitted under title IX of the Education Amendments of 1972), national origin, or disability in any program funded 

under this Act. 

(b) RULE OF CONSTRUCTION.—Nothing in this Act shall be construed to require the disruption of services to a child or the displacement of a child enrolled in or participating in a program administered by an eligible entity, as defined in section 1111(d) of 

title I and part C of title IV, at the commencement of the entity’s 

participation in a grant under section 1111(d) of title I or part C 

of title IV. 

SEC. 8535. ø20 U.S.C. 7915¿ RULEMAKING. 

The Secretary shall issue regulations under this Act only to the 

extent that such regulations are necessary to ensure that there is 

compliance with the specific requirements and assurances required 

by this Act. 

SEC. 8536. ø20 U.S.C. 7916¿ SEVERABILITY. 

If any provision of this Act is held invalid, the remainder of 

this Act shall be unaffected thereby. 

øcasterkx: Section 9537 was section 4155 before being transferred to appear after 9536, redesignated as section 9537, which is 

subsequently redesignated as section 8537.¿ 

SEC. 8537. ø20 U.S.C. 7917¿ TRANSFER OF SCHOOL DISCIPLINARY 

RECORDS. 

(a) NONAPPLICATION OF PROVISIONS.—This section shall not 

apply to any disciplinary records with respect to a suspension or 

expulsion that are transferred from a private, parochial or other 

nonpublic school, person, institution, or other entity, that provides 

education below the college level. 

(b) DISCIPLINARY RECORDS.—In accordance with the Family 

Educational Rights and Privacy Act of 1974 (20 U.S.C. 1232g), not 

later than 2 years after the date of enactment of this part, each 

State receiving Federal funds under this Act shall provide an assurance to the Secretary that the State has a procedure in place 


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As Amended Through P.L. 114-95, Enacted December 10, 2015
Sec. 8538 ESEA OF 1965 434 

to facilitate the transfer of disciplinary records, with respect to a 

suspension or expulsion, by local educational agencies to any private or public elementary school or secondary school for any student who is enrolled or seeks, intends, or is instructed to enroll, on 

a full- or part-time basis, in the school. 

SEC. 8538. ø20 U.S.C. 7918¿ CONSULTATION WITH INDIAN TRIBES AND 

TRIBAL ORGANIZATIONS. 

(a) IN GENERAL.—To ensure timely and meaningful consultation on issues affecting American Indian and Alaska Native students, an affected local educational agency shall consult with appropriate officials from Indian tribes or tribal organizations approved by the tribes located in the area served by the local educational agency prior to the affected local educational agency’s submission of a required plan or application for a covered program 

under this Act or for a program under title VI of this Act. Such 

consultation shall be done in a manner and in such time that provides the opportunity for such appropriate officials from Indian 

tribes or tribal organizations to meaningfully and substantively 

contribute to such plan. 

(b) DOCUMENTATION.—Each affected local educational agency 

shall maintain in the agency’s records and provide to the State 

educational agency a written affirmation signed by the appropriate 

officials of the participating tribes or tribal organizations approved 

by the tribes that the consultation required by this section has occurred. If such officials do not provide such affirmation within a 

reasonable period of time, the affected local educational agency 

shall forward documentation that such consultation has taken 

place to the State educational agency. 

(c) DEFINITIONS.—In this section: 

(1) AFFECTED LOCAL EDUCATIONAL AGENCY.—The term ‘‘affected local educational agency’’ means a local educational 

agency— 

(A) with an enrollment of American Indian or Alaska 

Native students that is not less than 50 percent of the 

total enrollment of the local educational agency; or 

(B) that— 

(i) for fiscal year 2017, received a grant in the previous year under subpart 1 of part A of title VII (as 

such subpart was in effect on the day before the date 

of enactment of the Every Student Succeeds Act) that 

exceeded $40,000; or 

(ii) for any fiscal year following fiscal year 2017, 

received a grant in the previous fiscal year under subpart 1 of part A of title VI that exceeded $40,000. 

(2) APPROPRIATE OFFICIALS.—The term ‘‘appropriate officials’’ means— 

(A) tribal officials who are elected; or 

(B) appointed tribal leaders or officials designated in 

writing by an Indian tribe for the specific consultation purpose under this section. 

(d) RULE OF CONSTRUCTION.—Nothing in this section shall be 

construed— 

(1) to require the local educational agency to determine 

who are the appropriate officials; or 


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(2) to make the local educational agency liable for consultation with appropriate officials that the tribe determines 

not to be the correct appropriate officials. 

(e) LIMITATION.—Consultation required under this section shall 

not interfere with the timely submission of the plans or applications required under this Act. 

SEC. 8539. ø20 U.S.C. 7919¿ OUTREACH AND TECHNICAL ASSISTANCE 

FOR RURAL LOCAL EDUCATIONAL AGENCIES. 

(a) OUTREACH.—The Secretary shall engage in outreach to 

rural local educational agencies regarding opportunities to apply 

for competitive grant programs under this Act. 

(b) TECHNICAL ASSISTANCE.—If requested to do so, the Secretary shall provide technical assistance to rural local educational 

agencies with locale codes 32, 33, 41, 42, or 43, or an educational 

service agency representing rural local educational agencies with 

locale codes 32, 33, 41, 42, or 43 on applications or pre-applications 

for any competitive grant program under this Act. No rural local 

educational agency or educational service agency shall be required 

to request technical assistance or include any technical assistance 

provided by the Secretary in any application. 

SEC. 8540. ø20 U.S.C. 7920¿ CONSULTATION WITH THE GOVERNOR. 

(a) IN GENERAL.—A State educational agency shall consult in 

a timely and meaningful manner with the Governor, or appropriate 

officials from the Governor’s office, in the development of State 

plans under titles I and II and section 8302. 

(b) TIMING.—The consultation described in subsection (a) shall 

include meetings of officials from the State educational agency and 

the Governor’s office and shall occur— 

(1) during the development of such plan; and 

(2) prior to submission of the plan to the Secretary. 

(c) JOINT SIGNATURE AUTHORITY.—A Governor shall have 30 

days prior to the State educational agency submitting the State 

plan under title I or II or section 8302 to the Secretary to sign such 

plan. If the Governor has not signed the plan within 30 days of delivery by the State educational agency to the Governor, the State 

educational agency shall submit the plan to the Secretary without 

such signature. 

SEC. 8541. ø20 U.S.C. 7921¿ LOCAL GOVERNANCE. 

(a) RULE OF CONSTRUCTION.—Nothing in this Act shall be construed to allow the Secretary to— 

(1) exercise any governance or authority over school administration, including the development and expenditure of 

school budgets, unless otherwise authorized under this Act; 

(2) issue any regulation without first complying with the 

rulemaking requirements of section 553 of title 5, United 

States Code; or 

(3) issue any nonregulatory guidance without first, to the 

extent feasible, considering input from stakeholders. 

(b) AUTHORITY UNDER OTHER LAW.—Nothing in subsection (a) 

shall be construed to affect any authority the Secretary has under 

any other Federal law. 


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SEC. 8542. ø20 U.S.C. 7922¿ RULE OF CONSTRUCTION REGARDING 

TRAVEL TO AND FROM SCHOOL. 

(a) IN GENERAL.—Subject to subsection (b), nothing in this Act 

shall authorize the Secretary to, or shall be construed to— 

(1) prohibit a child from traveling to and from school on 

foot or by car, bus, or bike when the parents of the child have 

given permission; or 

(2) expose parents to civil or criminal charges for allowing 

their child to responsibly and safely travel to and from school 

by a means the parents believe is age appropriate. 

(b) NO PREEMPTION OF STATE OR LOCAL LAWS.—Notwithstanding subsection (a), nothing in this section shall be construed 

to preempt State or local laws. 

SEC. 8543. ø20 U.S.C. 7923¿ LIMITATIONS ON SCHOOL-BASED HEALTH 

CENTERS. 

Notwithstanding section 8102, funds used for activities under 

this Act shall be carried out in accordance with the provision of 

section 399z–1(a)(3)(C) of the Public Health Service Act (42 U.S.C. 

280h–5(a)(3)(C)). 

SEC. 8544. ø20 U.S.C. 7924¿ STATE CONTROL OVER STANDARDS. 

(a) IN GENERAL.—Nothing in this Act shall be construed to prohibit a State from withdrawing from the Common Core State 

Standards or from otherwise revising their standards. 

(b) PROHIBITION.—No officer or employee of the Federal Government shall, directly or indirectly, through grants, contracts or 

other cooperative agreements, through waiver granted under section 8401 or through any other authority, take any action against 

a State that exercises its rights under subsection (a). 

SEC. 8545. ø20 U.S.C. 7925¿ SENSE OF CONGRESS ON PROTECTING STUDENT PRIVACY. 

(a) FINDINGS.—The Congress finds as follows: 

(1) Students’ personally identifiable information is important to protect. 

(2) Students’ information should not be shared with individuals other than school officials in charge of educating those 

students without clear notice to parents. 

(3) With the use of more technology, and more research 

about student learning, the responsibility to protect students’ 

personally identifiable information is more important than 

ever. 

(4) Regulations allowing more access to students’ personal 

information could allow that information to be shared or sold 

by individuals who do not have the best interest of the students in mind. 

(5) The Secretary has the responsibility to ensure every 

entity that receives funding under this Act holds any personally identifiable information in strict confidence. 

(b) SENSE OF CONGRESS.—It is the sense of the Congress that 

the Secretary should review all regulations addressing issues of 

student privacy, including those under this Act, and ensure that 

students’ personally identifiable information is protected. 


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SEC. 8546. ø20 U.S.C. 7926¿ PROHIBITION ON AIDING AND ABETTING 

SEXUAL ABUSE. 

(a) IN GENERAL.—A State, State educational agency, or local 

educational agency in the case of a local educational agency that 

receives Federal funds under this Act shall have laws, regulations, 

or policies that prohibit any individual who is a school employee, 

contractor, or agent, or any State educational agency or local educational agency, from assisting a school employee, contractor, or 

agent in obtaining a new job, apart from the routine transmission 

of administrative and personnel files, if the individual or agency 

knows, or has probable cause to believe, that such school employee, 

contractor, or agent engaged in sexual misconduct regarding a 

minor or student in violation of the law. 

(b) EXCEPTION.—The requirements of subsection (a) shall not 

apply if the information giving rise to probable cause— 

(1)(A) has been properly reported to a law enforcement 

agency with jurisdiction over the alleged misconduct; and 

(B) has been properly reported to any other authorities as 

required by Federal, State, or local law, including title IX of 

the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) 

and the regulations implementing such title under part 106 of 

title 34, Code of Federal Regulations, or any succeeding regulations; and 

(2)(A) the matter has been officially closed or the prosecutor or police with jurisdiction over the alleged misconduct 

has investigated the allegations and notified school officials 

that there is insufficient information to establish probable 

cause that the school employee, contractor, or agent engaged in 

sexual misconduct regarding a minor or student in violation of 

the law; 

(B) the school employee, contractor, or agent has been 

charged with, and acquitted or otherwise exonerated of the alleged misconduct; or 

(C) the case or investigation remains open and there have 

been no charges filed against, or indictment of, the school employee, contractor, or agent within 4 years of the date on which 

the information was reported to a law enforcement agency. 

(c) PROHIBITION.—The Secretary shall not have the authority 

to mandate, direct, or control the specific measures adopted by a 

State, State educational agency, or local educational agency under 

this section. 

(d) CONSTRUCTION.—Nothing in this section shall be construed 

to prevent a State from adopting, or to override a State law, regulation, or policy that provides, greater or additional protections to 

prohibit any individual who is a school employee, contractor, or 

agent, or any State educational agency or local educational agency, 

from assisting a school employee who engaged in sexual misconduct 

regarding a minor or student in violation of the law in obtaining 

a new job. 

SEC. 8547. ø20 U.S.C. 7927¿ SENSE OF CONGRESS ON RESTORATION OF 

STATE SOVEREIGNTY OVER PUBLIC EDUCATION. 

It is the Sense of Congress that State and local officials should 

be consulted and made aware of the requirements that accompany 

participation in activities authorized under this Act prior to a State 


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or local educational agency’s request to participate in such activities. 

SEC. 8548. ø20 U.S.C. 7928¿ PRIVACY. 

The Secretary shall require an assurance that each grantee receiving funds under this Act understands the importance of privacy 

protections for students and is aware of the responsibilities of the 

grantee under section 444 of the General Education Provisions Act 

(20 U.S.C. 1232g) (commonly known as the ‘‘Family Education 

Rights and Privacy Act of 1974’’). 

SEC. 8549. ø20 U.S.C. 7929¿ ANALYSIS AND PERIODIC REVIEW OF DEPARTMENTAL GUIDANCE. 

The Secretary shall develop procedures for the approval and 

periodic review of significant guidance documents that include— 

(1) appropriate approval processes within the Department; 

(2) appropriate identification of the agency or office issuing 

the documents, the activities to which and the persons to 

whom the documents apply, and the date of issuance; 

(3) a publicly available list to identify those significant 

guidance documents that were issued, revised, or withdrawn 

within the past year; and 

(4) an opportunity for the public to request that an agency 

modify or rescind an existing significant guidance document. 

SEC. 8549A ø20 U.S.C. 7930¿ SENSE OF CONGRESS. 

(a) FINDINGS.—The Congress finds as follows: 

(1) This Act prohibits the Federal Government from mandating, directing, or controlling a State, local educational agency, or school’s curriculum, program of instruction, or allocation 

of State and local resources, and from mandating a State or 

any subdivision thereof to spend any funds or incur any costs 

not paid for under this Act. 

(2) This Act prohibits the Federal Government from funding the development, pilot testing, field testing, implementation, administration, or distribution of any federally sponsored 

national test in reading, mathematics, or any other subject, unless specifically and explicitly authorized by law. 

(b) SENSE OF CONGRESS.—It is the sense of the Congress that 

States and local educational agencies retain the rights and responsibilities of determining educational curriculum, programs of instruction, and assessments for elementary and secondary education. 

SEC. 8549B. ø20 U.S.C. 7931¿ SENSE OF CONGRESS ON EARLY LEARNING 

AND CHILD CARE. 

It is the Sense of the Congress that a State retains the right 

to make decisions, free from Federal intrusion, concerning its system of early learning and child care, and whether or not to use 

funding under this Act to offer early childhood education programs. 

Such systems should continue to include robust choice for parents 

through a mixed delivery system of services so parents can determine the right early learning and child care option for their children. States, while protecting the rights of early learning and child 

care providers, retain the right to make decisions that shall include 

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tent of a State’s early learning guidelines, and how to determine 

quality in programs. 

SEC. 8549C. ø20 U.S.C. 7932¿ TECHNICAL ASSISTANCE. 

If requested by a State or local educational agency, a regional 

educational laboratory under part D of the Education Sciences Reform Act of 2002 (20 U.S.C. 9561 et seq.) shall provide technical assistance to such State or local educational agency in meeting the 

requirements of section 8101(21). 

øcasterkx: Subpart 3 below was subpart 5 of Part C of title II. 

It was transferred to title VIII (as redes) and sections 2361-2368 

were redes. as secs. 9541-9548 and then redes. as sections 8551- 

8558.¿ 

Subpart 3—Teacher Liability Protection 

SEC. 8551. ø20 U.S.C. 7941¿ SHORT TITLE. 

This subpart may be cited as the ‘‘Paul D. Coverdell Teacher 

Protection Act of 2001’’. 

SEC. 8552. ø20 U.S.C. 7942¿ PURPOSE. 

The purpose of this subpart is to provide teachers, principals, 

and other school professionals the tools they need to undertake reasonable actions to maintain order, discipline, and an appropriate 

educational environment. 

SEC. 8553. ø20 U.S.C. 7943¿ DEFINITIONS. 

For purposes of this subpart: 

(1) ECONOMIC LOSS.—The term ‘‘economic loss’’ means any 

pecuniary loss resulting from harm (including the loss of earnings or other benefits related to employment, medical expense 

loss, replacement services loss, loss due to death, burial costs, 

and loss of business or employment opportunities) to the extent 

recovery for such loss is allowed under applicable State law. 

(2) HARM.—The term ‘‘harm’’ includes physical, nonphysical, economic, and noneconomic losses. 

(3) NONECONOMIC LOSS.—The term ‘‘noneconomic loss’’ 

means loss for physical or emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, 

loss of enjoyment of life, loss of society or companionship, loss 

of consortium (other than loss of domestic service), hedonic 

damages, injury to reputation, or any other nonpecuniary loss 

of any kind or nature. 

(4) SCHOOL.—The term ‘‘school’’ means a public or private 

kindergarten, a public or private elementary school or secondary school, or a home school. 

(5) STATE.—The term ‘‘State’’ means each of the several 

States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, 

Guam, American Samoa, the Commonwealth of the Northern 

Mariana Islands, any other territory or possession of the 

United States, or any political subdivision of any such State, 

territory, or possession. 

(6) TEACHER.—The term ‘‘teacher’’ means— 


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(A) a teacher, instructor, principal, or administrator; 

(B) another educational professional who works in a 

school; 

(C) a professional or nonprofessional employee who— 

(i) works in a school; and 

(ii)(I) in the employee’s job, maintains discipline or 

ensures safety; or 

(II) in an emergency, is called on to maintain discipline or ensure safety; or 

(D) an individual member of a school board (as distinct 

from the board). 

SEC. 8554. ø20 U.S.C. 7944¿ APPLICABILITY. 

This subpart shall only apply to States that receive funds 

under this Act, and shall apply to such a State as a condition of 

receiving such funds. 

SEC. 8555. ø20 U.S.C. 7945¿ PREEMPTION AND ELECTION OF STATE 

NONAPPLICABILITY. 

(a) PREEMPTION.—This subpart preempts the laws of any State 

to the extent that such laws are inconsistent with this subpart, except that this subpart shall not preempt any State law that provides additional protection from liability relating to teachers. 

(b) ELECTION OF STATE REGARDING NONAPPLICABILITY.—This 

subpart shall not apply to any civil action in a State court against 

a teacher with respect to claims arising within that State if such 

State enacts a statute in accordance with State requirements for 

enacting legislation— 

(1) citing the authority of this subsection; 

(2) declaring the election of such State that this subpart 

shall not apply, as of a date certain, to such civil action in the 

State; and 

(3) containing no other provisions. 

SEC. 8556. ø20 U.S.C. 7946¿ LIMITATION ON LIABILITY FOR TEACHERS. 

(a) LIABILITY PROTECTION FOR TEACHERS.—Except as provided 

in subsection (b), no teacher in a school shall be liable for harm 

caused by an act or omission of the teacher on behalf of the school 

if— 

(1) the teacher was acting within the scope of the teacher’s 

employment or responsibilities to a school or governmental entity; 

(2) the actions of the teacher were carried out in conformity with Federal, State, and local laws (including rules and 

regulations) in furtherance of efforts to control, discipline, 

expel, or suspend a student or maintain order or control in the 

classroom or school; 

(3) if appropriate or required, the teacher was properly licensed, certified, or authorized by the appropriate authorities 

for the activities or practice involved in the State in which the 

harm occurred, where the activities were or practice was undertaken within the scope of the teacher’s responsibilities; 

(4) the harm was not caused by willful or criminal misconduct, gross negligence, reckless misconduct, or a conscious, 

flagrant indifference to the rights or safety of the individual 

harmed by the teacher; and 


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(5) the harm was not caused by the teacher operating a 

motor vehicle, vessel, aircraft, or other vehicle for which the 

State requires the operator or the owner of the vehicle, craft, 

or vessel to— 

(A) possess an operator’s license; or 

(B) maintain insurance. 

(b) EXCEPTIONS TO TEACHER LIABILITY PROTECTION.—If the 

laws of a State limit teacher liability subject to one or more of the 

following conditions, such conditions shall not be construed as inconsistent with this section: 

(1) A State law that requires a school or governmental entity to adhere to risk management procedures, including mandatory training of teachers. 

(2) A State law that makes the school or governmental entity liable for the acts or omissions of its teachers to the same 

extent as an employer is liable for the acts or omissions of its 

employees. 

(3) A State law that makes a limitation of liability inapplicable if the civil action was brought by an officer of a State or 

local government pursuant to State or local law. 

(c) LIMITATION ON PUNITIVE DAMAGES BASED ON THE ACTIONS

OF TEACHERS.— 

(1) GENERAL RULE.—Punitive damages may not be awarded against a teacher in an action brought for harm based on 

the act or omission of a teacher acting within the scope of the 

teacher’s employment or responsibilities to a school or governmental entity unless the claimant establishes by clear and convincing evidence that the harm was proximately caused by an 

act or omission of such teacher that constitutes willful or criminal misconduct, or a conscious, flagrant indifference to the 

rights or safety of the individual harmed. 

(2) CONSTRUCTION.—Paragraph (1) does not create a cause 

of action for punitive damages and does not preempt or supersede any Federal or State law to the extent that such law 

would further limit the award of punitive damages. 

(d) EXCEPTIONS TO LIMITATIONS ON LIABILITY.— 

(1) IN GENERAL.—The limitations on the liability of a 

teacher under this subpart shall not apply to any misconduct 

that— 

(A) constitutes a crime of violence (as that term is defined in section 16 of title 18, United States Code) or act 

of international terrorism (as that term is defined in section 2331 of title 18, United States Code) for which the defendant has been convicted in any court; 

(B) involves a sexual offense, as defined by applicable 

State law, for which the defendant has been convicted in 

any court; 

(C) involves misconduct for which the defendant has 

been found to have violated a Federal or State civil rights 

law; or 

(D) where the defendant was under the influence (as 

determined pursuant to applicable State law) of intoxicating alcohol or any drug at the time of the misconduct. 


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(2) HIRING.—The limitations on the liability of a teacher 

under this subpart shall not apply to misconduct during background investigations, or during other actions, involved in the 

hiring of a teacher. 

(e) RULES OF CONSTRUCTION.— (1) CONCERNING RESPONSIBILITY OF TEACHERS TO SCHOOLS

AND GOVERNMENTAL ENTITIES.—Nothing in this section shall be 

construed to affect any civil action brought by any school or 

any governmental entity against any teacher of such school. 

(2) CONCERNING CORPORAL PUNISHMENT.—Nothing in this 

subpart shall be construed to affect any State or local law (including a rule or regulation) or policy pertaining to the use of 

corporal punishment. 

SEC. 8557. ø20 U.S.C. 7947¿ ALLOCATION OF RESPONSIBILITY FOR NONECONOMIC LOSS. 

(a) GENERAL RULE.—In any civil action against a teacher, 

based on an act or omission of a teacher acting within the scope 

of the teacher’s employment or responsibilities to a school or governmental entity, the liability of the teacher for noneconomic loss 

shall be determined in accordance with subsection (b). 

(b) AMOUNT OF LIABILITY.— 

(1) IN GENERAL.— 

(A) LIABILITY.—Each defendant who is a teacher shall 

be liable only for the amount of noneconomic loss allocated 

to that defendant in direct proportion to the percentage of 

responsibility of that defendant (determined in accordance 

with paragraph (2)) for the harm to the claimant with respect to which that defendant is liable. 

(B) SEPARATE JUDGMENT.—The court shall render a 

separate judgment against each defendant in an amount 

determined pursuant to subparagraph (A). 

(2) PERCENTAGE OF RESPONSIBILITY.—For purposes of determining the amount of noneconomic loss allocated to a defendant who is a teacher under this section, the trier of fact 

shall determine the percentage of responsibility of each person 

responsible for the claimant’s harm, whether or not such person is a party to the action. 

(c) RULE OF CONSTRUCTION.—Nothing in this section shall be 

construed to preempt or supersede any Federal or State law that 

further limits the application of joint liability in a civil action described in subsection (a), beyond the limitations established in this 

section. 

SEC. 8558. ø20 U.S.C. 7948¿ EFFECTIVE DATE. 

(a) IN GENERAL.—This subpart shall take effect 90 days after 

the date of enactment of the No Child Left Behind Act of 2001. 

(b) APPLICATION.—This subpart applies to any claim for harm 

caused by an act or omission of a teacher if that claim is filed on 

or after the effective date of the No Child Left Behind Act of 2001 

without regard to whether the harm that is the subject of the claim 

or the conduct that caused the harm occurred before such effective 

date. 

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designated section 4141 as 9551 and section 9551 was subsequently 

redesignated as section 8561.¿ 

Subpart 4—Gun Possession 

SEC. 8561. ø20 U.S.C. 7961¿ GUN-FREE REQUIREMENTS. 

(a) SHORT TITLE.—This subpart may be cited as the ‘‘Gun-Free 

Schools Act’’. 

(b) REQUIREMENTS.— 

(1) IN GENERAL.—Each State receiving Federal funds 

under any title of this Act shall have in effect a State law requiring local educational agencies to expel from school for a period of not less than 1 year a student who is determined to 

have brought a firearm to a school, or to have possessed a firearm at a school, under the jurisdiction of local educational 

agencies in that State, except that such State law shall allow 

the chief administering officer of a local educational agency to 

modify such expulsion requirement for a student on a case-bycase basis if such modification is in writing. 

(2) CONSTRUCTION.—Nothing in this subpart shall be construed to prevent a State from allowing a local educational 

agency that has expelled a student from such a student’s regular school setting from providing educational services to such 

student in an alternative setting. 

(3) DEFINITION.—For the purpose of this section, the term 

‘‘firearm’’ has the same meaning given such term in section 

921(a) of title 18, United States Code. 

(c) SPECIAL RULE.—The provisions of this section shall be construed in a manner consistent with the Individuals with Disabilities Education Act. 

(d) REPORT TO STATE.—Each local educational agency requesting assistance from the State educational agency that is to be provided from funds made available to the State under any title of this 

Act shall provide to the State, in the application requesting such 

assistance— 

(1) an assurance that such local educational agency is in 

compliance with the State law required by subsection (b); and 

(2) a description of the circumstances surrounding any expulsions imposed under the State law required by subsection 

(b), including— 

(A) the name of the school concerned; 

(B) the number of students expelled from such school; 

and 

(C) the type of firearms concerned. 

(e) REPORTING.—Each State shall report the information described in subsection (d) to the Secretary on an annual basis. 

(f) DEFINITION.—For the purpose of subsection (d), the term 

‘‘school’’ means any setting that is under the control and supervision of the local educational agency for the purpose of student activities approved and authorized by the local educational agency. 

(g) EXCEPTION.—Nothing in this section shall apply to a firearm that is lawfully stored inside a locked vehicle on school property, or if it is for activities approved and authorized by the local 


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educational agency and the local educational agency adopts appropriate safeguards to ensure student safety. 

(h) POLICY REGARDING CRIMINAL JUSTICE SYSTEM REFERRAL.— 

(1) IN GENERAL.—No funds shall be made available under 

any title of this Act to any local educational agency unless such 

agency has a policy requiring referral to the criminal justice or 

juvenile delinquency system of any student who brings a firearm or weapon to a school served by such agency. 

(2) DEFINITION.—For the purpose of this subsection, the 

term ‘‘school’’ has the same meaning given to such term by section 921(a) of title 18, United States Code. 

øcasterkx: Subpart 5 of Part C of title IV was transferred to 

title IX to appear after subpart 4 (as transferred and redes). The 

part designation and heading were revised in their entirety and 

sections 4301-4304 were redes as sections 9561-9564 and such sections 9561-9564 (as redes) were subsequently redes as sections 

8571-8574.¿ 

Subpart 5—Environmental Tobacco Smoke 

SEC. 8571. ø20 U.S.C. 7971¿ SHORT TITLE. 

This part may be cited as the ‘‘Pro-Children Act of 2001’’. 

SEC. 8572. ø20 U.S.C. 7972¿ DEFINITIONS. 

As used in this part: 

(1) CHILDREN.—The term ‘‘children’’ means individuals 

who have not attained the age of 18. 

(2) CHILDREN’S SERVICES.—The term ‘‘children’s services’’ 

means the provision on a routine or regular basis of health, 

day care, education, or library services— 

(A) that are funded, after the date of enactment of the 

No Child Left Behind Act of 2001, directly by the Federal 

Government or through State or local governments, by 

Federal grant, loan, loan guarantee, or contract programs— 

(i) administered by either the Secretary of Health 

and Human Services or the Secretary of Education 

(other than services provided and funded solely under 

titles XVIII and XIX of the Social Security Act); or 

(ii) administered by the Secretary of Agriculture 

in the case of a clinic (as defined in part 246.2 of title 

7, Code of Federal Regulations (or any corresponding 

similar regulation or ruling)) under section 17(b)(6) of 

the Child Nutrition Act of 1966; or 

(B) that are provided in indoor facilities that are constructed, operated, or maintained with such Federal funds, 

as determined by the appropriate head of a Federal agency 

in any enforcement action carried out under this part, 

except that nothing in clause (ii) of subparagraph (A) is intended to include facilities (other than clinics) where coupons 

are redeemed under the Child Nutrition Act of 1966. 

(3) INDOOR FACILITY.—The term ‘‘indoor facility’’ means a 

building that is enclosed. 


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As Amended Through P.L. 114-95, Enacted December 10, 2015
445 Sec. 8573 ESEA OF 1965 

(4) PERSON.—The term ‘‘person’’ means any State or local 

subdivision of a State, agency of such State or subdivision, corporation, or partnership that owns or operates or otherwise 

controls and provides children’s services or any individual who 

owns or operates or otherwise controls and provides such services. 

(5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Health and Human Services. 

øcasterkx: Section 8573 (as redes) used to be section 4303— 

prior to being redesignated as sections 9563 and then redesignated 

futher as section 8573—was amended by section 4001(a)(1) of the 

bill. All amendments should be reflected below.¿ 

SEC. 8573. ø20 U.S.C. 7973¿ NONSMOKING POLICY FOR CHILDREN’S 

SERVICES. 

(a) PROHIBITION.—After the date of enactment of the No Child 

Left Behind Act of 2001, no person shall permit smoking within 

any indoor facility owned or leased or contracted for, and utilized, 

by such person for provision of routine or regular kindergarten, elementary, or secondary education or library services to children. 

(b) ADDITIONAL PROHIBITION.— 

(1) IN GENERAL.—After the date of enactment of the No 

Child Left Behind Act of 2001, no person shall permit smoking 

within any indoor facility (or portion of such a facility) owned 

or leased or contracted for, and utilized by, such person for the 

provision of regular or routine health care or day care or early 

childhood education programs. 

(2) EXCEPTION.—Paragraph (1) shall not apply to— 

(A) any portion of such facility that is used for inpatient hospital treatment of individuals dependent on, or 

addicted to, drugs or alcohol; and 

(B) any private residence. 

(c) FEDERAL AGENCIES.— 

(1) KINDERGARTEN, ELEMENTARY, OR SECONDARY EDUCATION OR LIBRARY SERVICES.—After the date of enactment of 

the No Child Left Behind Act of 2001, no Federal agency shall 

permit smoking within any indoor facility in the United States 

operated by such agency, directly or by contract, to provide 

routine or regular kindergarten, elementary, or secondary education or library services to children. 

(2) HEALTH OR DAY CARE OR EARLY CHILDHOOD EDUCATION

PROGRAMS.— 

(A) IN GENERAL.—After the date of enactment of the 

No Child Left Behind Act of 2001, no Federal agency shall 

permit smoking within any indoor facility (or portion of 

such facility) operated by such agency, directly or by contract, to provide routine or regular health or day care or 

early childhood education programs to children. 

(B) EXCEPTION.—Subparagraph (A) shall not apply 

to— 

(i) any portion of such facility that is used for inpatient hospital treatment of individuals dependent 

on, or addicted to, drugs or alcohol; and 

(ii) any private residence. 


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As Amended Through P.L. 114-95, Enacted December 10, 2015
Sec. 8573 ESEA OF 1965 446 

(3) APPLICATION OF PROVISIONS.—The provisions of paragraph (2) shall also apply to the provision of such routine or 

regular kindergarten, elementary or secondary education or library services in the facilities described in paragraph (2) not 

subject to paragraph (1). 

(d) NOTICE.—The prohibitions in subsections (a) through (c) 

shall be published in a notice in the Federal Register by the Secretary (in consultation with the heads of other affected agencies) 

and by such agency heads in funding arrangements involving the 

provision of children’s services administered by such heads. Such 

prohibitions shall be effective 90 days after such notice is published, or 270 days after the date of enactment of the No Child Left 

Behind Act of 2001, whichever occurs first. 

(e) CIVIL PENALTIES.— (1) IN GENERAL.—Any failure to comply with a prohibition 

in this section shall be considered to be a violation of this section and any person subject to such prohibition who commits 

such violation may be liable to the United States for a civil 

penalty in an amount not to exceed $1,000 for each violation, 

or may be subject to an administrative compliance order, or 

both, as determined by the Secretary. Each day a violation continues shall constitute a separate violation. In the case of any 

civil penalty assessed under this section, the total amount 

shall not exceed 50 percent of the amount of Federal funds received under any title of this Act by such person for the fiscal 

year in which the continuing violation occurred. For the purpose of the prohibition in subsection (c), the term ‘‘person’’, as 

used in this paragraph, shall mean the head of the applicable 

Federal agency or the contractor of such agency providing the 

services to children. 

(2) ADMINISTRATIVE PROCEEDING.—A civil penalty may be 

assessed in a written notice, or an administrative compliance 

order may be issued under paragraph (1), by the Secretary 

only after an opportunity for a hearing in accordance with section 554 of title 5, United States Code. Before making such assessment or issuing such order, or both, the Secretary shall 

give written notice of the assessment or order to such person 

by certified mail with return receipt and provide information 

in the notice of an opportunity to request in writing, not later 

than 30 days after the date of receipt of such notice, such hearing. The notice shall reasonably describe the violation and be 

accompanied with the procedures for such hearing and a simple form that may be used to request such hearing if such person desires to use such form. If a hearing is requested, the Secretary shall establish by such certified notice the time and 

place for such hearing, which shall be located, to the greatest 

extent possible, at a location convenient to such person. The 

Secretary (or the Secretary’s designee) and such person may 

consult to arrange a suitable date and location where appropriate. 

(3) CIRCUMSTANCES AFFECTING PENALTY OR ORDER.—In determining the amount of the civil penalty or the nature of the 

administrative compliance order, the Secretary shall take into 

account, as appropriate— 


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As Amended Through P.L. 114-95, Enacted December 10, 2015
447 Sec. 8574 ESEA OF 1965 

(A) the nature, circumstances, extent, and gravity of 

the violation; 

(B) with respect to the violator, any good faith efforts 

to comply, the importance of achieving early and permanent compliance, the ability to pay or comply, the effect of 

the penalty or order on the ability to continue operation, 

any prior history of the same kind of violation, the degree 

of culpability, and any demonstration of willingness to 

comply with the prohibitions of this section in a timely 

manner; and 

(C) such other matters as justice may require. 

(4) MODIFICATION.—The Secretary may, as appropriate, 

compromise, modify, or remit, with or without conditions, any 

civil penalty or administrative compliance order. In the case of 

a civil penalty, the amount, as finally determined by the Secretary or agreed upon in compromise, may be deducted from 

any sums that the United States or the agencies or instrumentalities of the United States owe to the person against whom 

the penalty is assessed. 

(5) PETITION FOR REVIEW.—Any person aggrieved by a penalty assessed or an order issued, or both, by the Secretary 

under this section may file a petition for judicial review of the 

order with the United States Court of Appeals for the District 

of Columbia Circuit or for any other circuit in which the person 

resides or transacts business. Such person shall provide a copy 

of the petition to the Secretary or the Secretary’s designee. The 

petition shall be filed within 30 days after the Secretary’s assessment or order, or both, are final and have been provided 

to such person by certified mail. The Secretary shall promptly 

provide to the court a certified copy of the transcript of any 

hearing held under this section and a copy of the notice or 

order. 

(6) FAILURE TO COMPLY.—If a person fails to pay an assessment of a civil penalty or comply with an order, after the assessment or order, or both, are final under this section, or after 

a court has entered a final judgment under paragraph (5) in 

favor of the Secretary, the Attorney General, at the request of 

the Secretary, shall recover the amount of the civil penalty 

(plus interest at prevailing rates from the day the assessment 

or order, or both, are final) or enforce the order in an action 

brought in the appropriate district court of the United States. 

In such action, the validity and appropriateness of the penalty 

or order or the amount of the penalty shall not be subject to 

review. 

SEC. 8574. ø20 U.S.C. 7974¿ PREEMPTION. 

Nothing in this part is intended to preempt any provision of 

law of a State or political subdivision of a State that is more restrictive than a provision of this part. 


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Sec. 8601 ESEA OF 1965 448 

PART G—EVALUATIONS 

SEC. 8601. ø20 U.S.C. 7981¿ EVALUATIONS. 

(a) RESERVATION OF FUNDS.—Except as provided in subsection 

(b) and (e), the Secretary, in consultation with the Director of the 

Institute of Education Sciences, may reserve not more than 0.5 percent of the amount appropriated for each program authorized 

under this Act to carry out activities under this section. If the Secretary elects to make a reservation under this subsection, the reserved amounts— 

(1) shall first be used by the Secretary, acting through the 

Director of the Institute of Education Sciences, to— 

(A) conduct comprehensive, high-quality evaluations of 

the programs that— 

(i) are consistent with the evaluation plan under 

subsection (d); and 

(ii) primarily include impact evaluations that use 

experimental or quasi-experimental designs, where 

practicable and appropriate, and other rigorous methodologies that permit the strongest possible causal inferences; 

(B) conduct studies of the effectiveness of the programs and the administrative impact of the programs on 

schools and local educational agencies; and 

(C) widely disseminate evaluation findings under this 

section related to programs authorized under this Act— 

(i) in a timely fashion; 

(ii) in forms that are understandable, easily accessible, usable, and adaptable for use in the improvement of educational practice; 

(iii) through electronic transfer and other means, 

such as posting, as available, to the websites of State 

educational agencies, local educational agencies, the 

Institute of Education Sciences, or the Department, or 

in another relevant place; and 

(iv) in a manner that promotes the utilization of 

such findings; and 

(2) may be used by the Secretary, acting through the Director of the Institute of Education Sciences— 

(A) to evaluate the aggregate short- and long-term effects and cost efficiencies across— 

(i) Federal programs assisted or authorized under 

this Act; and 

(ii) related Federal early childhood education programs, preschool programs, elementary school programs, and secondary school programs, under any 

other Federal law; 

(B) to increase the usefulness of the evaluations conducted under this section by improving the quality, timeliness, efficiency, and use of information relating to performance to promote continuous improvement of programs assisted or authorized under this Act; and 

(C) to assist recipients of grants under such programs 

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lated to conducting high-quality evaluations under paragraph (1). 

(b) TITLE I.—The Secretary, acting through the Director of the 

Institute of Education Sciences, shall use funds authorized under 

section 1002(e) to carry out evaluation activities under this section 

related to title I, and shall not reserve any other money from such 

title for evaluation. 

(c) CONSOLIDATION.—Notwithstanding any other provision of 

this section or section 1002(e), the Secretary, in consultation with 

the Director of the Institute of Education Sciences— 

(1) may consolidate the funds reserved under subsections 

(a) and (b) for purposes of carrying out the activities under 

subsection (a)(1); and 

(2) shall not be required to evaluate under subsection 

(a)(1) each program authorized under this Act each year. 

(d) EVALUATION PLAN.—The Director of the Institute of Education Sciences, shall, on a biennial basis, develop, submit to Congress, and make publicly available an evaluation plan, that— 

(1) describes the specific activities that will be carried out 

under subsection (a) for the 2-year period applicable to the 

plan, and the timelines of such activities; 

(2) contains the results of the activities carried out under 

subsection (a) for the most recent 2-year period; and 

(3) describes how programs authorized under this Act will 

be regularly evaluated. 

(e) EVALUATION ACTIVITIES AUTHORIZED ELSEWHERE.—If, 

under any other provision of this Act, funds are authorized to be 

reserved or used for evaluation activities with respect to a program, the Secretary may not reserve additional funds under this 

section for the evaluation of that program. 


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